Amendment #4 Limit Government Interference with Abortion

October 2, 2024

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.

Feb 26 Rivers Coalition Meeting

March 2, 2026
Gil Smart (VoteWater) and Eve Samples (Friends of the Everglades) updated the February 26th Rivers Coalition meeting on how this year’s legislative session in Tallahassee was going as far as environmental issues are concerned. It wasn’t good news. Gil warned us last month: “If last year’s legislative session’s theme was facilitating sprawl, this year’s is sprawl on steroids.” And since the Republican-controlled legislature can pass anything it wants, at this point the only possible changes in the disturbingly-large number of bad bills in the pipeline are tweaks to the bills. With one possible exception. Some North Florida Republican legislators have voiced concerns about the Everglades water management process. South Florida Republicans haven’t yet, but if they notice the desertions they may be persuadable. The bills are HB 701 and SB 1120. Gil’s bottom line: “Right now the worst bills are all the pro-growth bills like ‘Blue Ribbon Projects’; House Bill 299 is on the House floor but Senate Bill 354 still has to clear the Rules Committee this week, and in both cases it would be helpful for people to reach out to our local legislators and tell them to oppose these bills.” The bad news from Tallahassee doesn’t stop there. Florida Forever, the state’s conservation and recreation land acquisition program which is funded by doc stamps, started in 2001 at $300 million/year. Funding was cut to zero during the Great Recession but rebounded to $100 million in 2018-2023 and then came all the way back up to $270 million last year. Alas; this year the Governor requested only $115 million. Even worse, the Senate wants to appropriate just $35 million for Florida Forever. The House’s number: A Big Fat Zero. Meanwhile, Lake Okeechobee hasn’t seen any serious effects from the drought thus far. It’s currently at 12.26 feet, and it would have to drop below 11 feet for 80 days before triggering any real concerns. The main problem with the lake right now Is actually to the west: The Caloosahatchee River needs fresh water, but the low lake level is preventing it from getting enough. At least the drought is giving the St. Lucie Estuary a breather from discharge threats. -- Walter Deemer, LWVMC Rivers Coalition Representative

January Meeting

February 2, 2026
The featured presenter at the January 22nd Rivers Coalition meeting was Army Corps of Engineers Jacksonville District Commander Col. Brandon Bowman. He reported: * The Lake Okeechobee management effort is going well. The lake level is currently a near-ideal 13.01 feet. In addition, following last summer’s Lake Recovery Operation, Submerged Aquatic Vegetation (“sea grass”) now covers 20,000 acres of the lake bottom compared with just 3000 acres beforehand. * All stakeholders but one are having their needs met at the present time: The Caloosahatchee River west of the lake isn’t receiving nearly as much fresh water as it needs. * The biggest threat to the St. Lucie Estuary right now isn’t discharges from Lake Okeechobee; it’s polluted runoff flowing into the headwaters of the North Fork. The Corps has several projects underway to address that issue. * The Everglades restoration effort continues moving forward, albeit at a seemingly-glacial pace. To wit: Col. Bowman was happy to announce that the Everglades Agricultural Area projects would be completed five years ahead of schedule – but that still won’t be until the end of 2029. * The big C-44 Reservoir, just north of the St. Lucie Canal in western Martin County, is a key part of the management plan. The reservoir will store runoff and remove phosphorus before discharging the water. Unfortunately, it hasn’t been able to operate at capacity; there’s a seepage issue at one end, and it can only be filled to ten feet compared with its designed fifteen-foot level. The Corps doesn’t think the reservoir will be able to be filled to capacity until 2032. * Finally, Coalition members expressed a great deal of alarm about the Corps’ Engineering Research and Development Center’s plan to develop treatments to remove peroxide and phosphorus from the water. The concern stems from the ERDC’s need to test those treatments, and they have to do the testing in the St. Lucie Canal. There was widespread fear that this could produce harmful results in our canal and our estuary. On the legislative front, Gil Smart, the Friends of the Everglades monitor of the goings-on in Tallahassee, shook his head: “If last year’s legislative session’s theme was facilitating sprawl, this year’s is sprawl on steroids.” A disturbingly large number of bills have been filed that will allow more and more development projects to be subject only to administrative approval rather than, as now, being required to go through a public review process. If these bills pass they will drastically reduce public input on some very big and impactful development proposals -- and completely eliminate it in some cases. As these and other really bad bills get rammed towards the finish line, you will undoubtably be receiving calls for action from your favorite environmental organization. Keep an eye on your inbox. -- Walter Deemer, LWVMC Rivers Coalition Representative

September 2025

September 28, 2025
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