Ballot Language:

No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.

Synopsis:

The following is the history of abortion regulations in Florida: 

In 2022, in a 5-4 vote, the Supreme Court of the United States found there was no federal constitutional right to abortion and overruled Roe v. Wade (1973). It was left to the states to regulate abortion.

Before 2022, abortions were legal in Florida up to the federal limits of Roe. In 2004, Florida voters approved a constitutional amendment requiring parental notification for minors seeking abortions. In 2012, voters rejected an amendment limiting public funds for abortion. In 2022, the Florida legislature passed a bill which created a ban on most abortions after 15 weeks. And in 2023, the Florida legislature passed a second bill, to ban abortion after six weeks (limited exceptions for the life of the woman, rape, or incest). The six-week ban took effect on May 1, 2024. 

Proposed Amendment 4 states that the government cannot interfere with a woman’s decision to have an abortion up to viability (see definition below). After viability, if abortion is necessary to protect the woman’s health, that decision is between the woman and her medical care provider.

This amendment does not mandate unlimited abortion in Florida. The amendment does not override parental notification for an abortion in Florida. This amendment allows abortion before fetal viability (see definition below) or when necessary to protect the patient's health, as determined by the patient's healthcare provider.

In the State of Florida, viability is defined by Florida Statute Title XXIX - Public Health, Chapter 390, 390.011. “Viability” means the stage of fetal development when the life of a fetus is sustainable outside the womb through standard medical measures. During all of 2021 and the 1st half of 2022, under Roe v. Wade, the Florida Agency for Healthcare Administration reported that 0% of abortions were performed in the 3rd trimester (beginning of 24th week).

Proposed Amendment 4 was placed on the ballot through a citizen’s initiative. Since 2022, seven U. S. States have had an abortion-related Amendment on the ballot. Four of those amendments were written to create a constitutional right to abortion and all four amendments passed. Three of the proposed amendments were written to prohibit abortion and all three were defeated. 

Supporters, including Floridians Protecting Freedom, the ACLU of Florida, Planned Parenthood, Florida Women’s Freedom Coalition, Florida Rising, SEIU 1199 Florida, Women’s Voices of Southwest Florida, Florida Democratic Party and the League of Women Voters of Florida, say “All Floridians deserve the freedom to make personal medical decisions, free of government intrusion.”

Opponents, including the Republican Party of Florida, Florida Voters Against Extremism, the Florida Conference of Catholic Bishops, Florida Family Policy Council, Susan B. Anthony Pro-Life America, Florida Family Action, say the amendment is too vague and will lead to an unregulated abortion industry.

A Yes Vote Would...: Prevent any law from prohibiting, penalizing, delaying, or restricting abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider. 

A No Vote Would...:  Not provide a constitutional right to abortion before viability and leave Florida’s current 6-week abortion ban in place.