FLORIDA FIREARMS – Law, Use & Ownership

Florida Constitutional Amendment 4 (2024) Amendment to Limit Government Interference with Abortion — my analysis and suggestions:

Full text of amendment, as proposed:
“Except as provided in Article X, Section 22, 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.”

My analysis and opinion:     The legal definition of “Viability” is considered the point where a fetus can survive on its own (with medical care) outside the womb. This is normally between 23 to 24 weeks from conception. Fetal development to full human form is generally in week 15 to 16. A fetus has eye movement at 16 weeks, by week 18 the fetus can hear. The current law allows non-regulated abortions for any reason, but performed only by a doctor, up to six weeks. Rarely will a woman realize she is pregnant within that period unless she is looking for it. Once past the 6 weeks an abortion is then allowed, but regulated by Florida law any time prior to birth but ONLY where necessary to save the life of the mother, or prevent serious and irreversible physical impairment of a major bodily function of the mother; or (only up to the end of the  15th week) where the pregnancy is the result of rape, incest, or human trafficking.

On the other hand, the proposed constitutional amendment as written would technically allow abortions at any point in the pregnancy prior to delivery – if necessary to “protect the patient’s health” as “determined by the patient’s healthcare provider”. These last parts contain the trick language as “health” could be almost anything, and a “healthcare provider” need not be a doctor. While I personally am for extending the unfettered right to “terminate a pregnancy” to the beginning of week 20, with any subsequent period only to preserve the life of the mother, prevent serious physical and permanent damage to her, or where the fetus would not normally survive – I will vote against this particular proposed amendment primarily due to its last parts – which do nothing to protect the life of a viable fetus, or ensure any termination procedure is performed by an actual medical doctor.

Current Florida Law: I reproduce the main portions of current Florida law – which I personally do not like, nor agree with as I find them offensive to a woman’s right of body integrity, and a violation of the constitutional right of privacy as I envision it. You should understand that under current Florida law there is no guarantee of a woman’s right to terminate a pregnancy even before the six week period as the Legislature could pass additional restrictions on both time, and even contraception. In my opinion a Florida constitutional amendment is needed that does, in specific words, guarantee a woman’s right to “terminate a pregnancy” up to the time a fetus becomes viable. Using the words “terminate a pregnancy” vs. “abortion” is important to protect a viable fetus. Such an amendment should also have protection against “abortion” for a fetus over the age of 20 weeks and require a doctor performing the termination use all reasonable methods to deliver and preserve the life of the fetus unless such would put the mother at serious risk of death or great and lasting great bodily harm. I have added, and placed in brackets and italics the time period which applies to each section of the current law:

CURRENT FLORIDA LAW:

390.0111 Termination of pregnancies.—
[more than six weeks but prior to birth]

(1) TERMINATION AFTER GESTATIONAL AGE OF 6 WEEKS; WHEN ALLOWED.—A physician may not knowingly perform or induce a termination of pregnancy if the physician determines the gestational age of the fetus is more than 6 weeks unless one of the following conditions is met:

(a) Two physicians certify in writing that, in reasonable medical judgment, the termination of the pregnancy is necessary to save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition.

(b) The physician certifies in writing that, in reasonable medical judgment, there is a medical necessity for legitimate emergency medical procedures for termination of the pregnancy to save the pregnant woman’s life or avert a serious risk of imminent substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition, and another physician is not available for consultation.

[by end of second trimester]
(c) The pregnancy has not progressed to the third trimester and two physicians certify in writing that, in reasonable medical judgment, the fetus has a fatal fetal abnormality.

[not more than 15 weeks]
(d) The pregnancy is the result of rape, incest, or human trafficking and the gestational age of the fetus is not more than 15 weeks as determined by the physician. At the time the woman schedules or arrives for her appointment to obtain the abortion, she must provide a copy of a restraining order, police report, medical record, or other court order or documentation providing evidence that she is obtaining the termination of pregnancy because she is a victim of rape, incest, or human trafficking. If the woman is 18 years of age or older, the physician must report any known or suspected human trafficking to a local law enforcement agency. If the woman is a minor, the physician must report the incident of rape, incest, or human trafficking to the central abuse hotline as required by s. 39.201.

(2) IN-PERSON PERFORMANCE BY PHYSICIAN REQUIRED.—Only a physician may perform or induce a termination of pregnancy. A physician may not use telehealth as defined in s. 456.47 to perform an abortion, including, but not limited to, medical abortions. Any medications intended for use in a medical abortion must be dispensed in person by a physician and may not be dispensed through the United States Postal Service or by any other courier or shipping service.

End//