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Florida Amendment 4, Right to Abortion Initiative (2024)

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Florida Amendment 4
Flag of Florida.png
Election date
November 5, 2024
Topic
Abortion
Status
Defeatedd Defeated
Type
Constitutional amendment		Origin
Citizens

Florida Amendment 4, the Right to Abortion Initiative, was on the ballot in Florida as an initiated constitutional amendment on November 5, 2024. It was defeated.

A "yes" vote supported adding the following language to the Florida Constitution’s Declaration of Rights: “… 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.” Amendment 4 maintained the existing constitutional provision that permitted a law requiring parents to be notified before a minor can receive an abortion.

A "no" vote opposed amending the Florida Constitution's Declaration of Rights to provide that the state cannot "... 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."


Election results

See also: Results for abortion-related ballot measures, 2024

Amendment 4 needed to receive a 60% vote to be approved.

Florida Amendment 4

Result Votes Percentage
Yes 6,070,758 57.17%

Defeated No

4,548,379 42.83%
Results are officially certified.
Source


Overview

What would the initiative have done?

See also: Text of measure

The initiative would have provided a constitutional right to abortion before viability or when "necessary to protect the patient's health, as determined by the patient's healthcare provider."[1]

The following language would have been added to the state constitution: "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."[1]

The initiative would not have changed the state legislature's authority to enact a law requiring the parents of a minor to be notified if their child is seeking an abortion, with exceptions that can be attained through a judicial waiver.[2]

What did supporters and opponents say about the measure?

See also: Support and Opposition

Floridians Protecting Freedom, which describes itself as "a statewide campaign of allied organizations and concerned citizens working together to protect Floridians’ access to reproductive health care and defend the right to bodily autonomy," sponsored the initiative. The campaign said, "All Floridians deserve the freedom to make personal medical decisions, free of government intrusion," and that "there are so many reasons why someone may make the deeply personal decision to have an abortion – maybe their birth control failed, or they were a victim of rape or incest, or carrying a pregnancy would endanger their lives. Politicians shouldn’t be allowed to interfere in this personal decision or to prevent nurses and doctors from treating their patients." Supporters of the initiative include the ACLU of Florida, Planned Parenthood, Florida Women's Freedom Coalition, Florida Rising, SEIU 1199 Florida, and Women's Voices of Southwest Florida.[3]

Five committees registered to oppose the initiative: Florida Voters Against Extremism, Keep Florida Pro Life, Do No Harm Florida, Life First PC, and Florida Freedom Fund. Florida Freedom Fund, created by Florida Governor Ron DeSantis (R), registered to oppose the initiative as well as Amendment 3, the marijuana legalization initiative. Other opponents include the Florida Conference of Catholic Bishops, Florida Family Policy Council, Susan B. Anthony Pro-Life America, Florida Family Action, the Florida Republican Party, and Florida Governor Ron DeSantis (R). Florida Voters Against Extremism said the initiative "does not require an actual medical doctor to determine if an abortion is necessary to protect the mother’s health or if the fetus is viable, but instead allows any 'health care provider' to make these decisions. Under Florida law, 'health care providers' is not limited to doctors so even employees of abortion clinics who are not doctors would be able to approve late-term abortions." FVAE also said the initiative would "[eliminate] the current law that requires parental consent for their minor daughter to have an abortion" and "would allow abortion right up to the moment of birth, including when a baby is capable of feeling pain with no protections for the unborn baby."[4]

What is the status and history of abortion in Florida?

See also: Background

On April 1, 2024, the Florida Supreme Court ruled that the constitution's right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 finding that the privacy clause did include a right to abortion. The ruling allowed the state's 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, known as the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban took effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.[5]

In 2012, voters rejected an amendment limiting public funds for abortions, and in 2004, they approved parental notification for minors seeking abortions.

What states have decided on abortion ballot measures in 2022 and 2023?

See also: History of abortion ballot measures

In June 2022, the U.S. Supreme Court ruled in Dobbs. v. Jackson Women's Health Organization that there is no federal constitutional right to abortion and overturned Roe. v. Wade, placing many abortion policy decisions with the states. From 2022 to 2023, seven ballot measures addressing abortion have been on the ballot, with 2022 having the highest number of abortion ballot measures on record in a single year. Four measures—in Vermont, Michigan, and California in 2022, and Ohio in 2023— were sponsored by campaigns that described themselves as pro-choice and created state constitutional rights to abortion. All four measures were approved. Three measures—in Kansas, Kentucky, and Montana— were sponsored by campaigns describing themselves as pro-life and were designed to explicitly provide that there is no right to abortion in the state constitution. All three were defeated.

What states voted on abortion ballot measures in 2024?

See also: 2023 and 2024 abortion-related ballot measures

The following table provides a list of abortion-related measures that were on the ballot in 2024:

State Date Measure Description Outcome
Arizona Nov. 5, 2024 Right to Abortion Initiative • Establishes the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability Approveda
Colorado Nov. 5, 2024 Right to Abortion Initiative • Provide a constitutional right to abortion in the state constitution and allow the use of public funds for abortion Approveda
Florida Nov. 5, 2024 Florida Amendment 4 • Provide a constitutional right to abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider Defeatedd
Maryland Nov. 5, 2024 Right to Reproductive Freedom Amendment • Amend the Maryland Constitution to establish a right to reproductive freedom, defined to include "decisions to prevent, continue, or end one's own pregnancy" Approveda
Missouri Nov. 5, 2024 Right to Reproductive Freedom Amendment • Amend the Missouri Constitution to provide the right for reproductive freedom, and provide that the state legislature may enact laws that regulate abortion after fetal viability Approveda
Montana Nov. 5, 2024 CI-128, Right to Abortion Initiative • Amend the Montana Constitution to provide a state constitutional "right to make and carry out decisions about one’s own pregnancy, including the right to abortion" Approveda
Nebraska Nov. 5, 2024 Prohibit Abortions After the First Trimester Amendment • Amend the Nebraska Constitution to provide that "unborn children shall be protected from abortion in the second and third trimesters" Approveda
Nebraska Nov. 5, 2024 Right to Abortion Initiative • Amend the Nebraska Constitution to provide that "all persons shall have a fundamental right to abortion until fetal viability" Defeatedd
New York Nov. 5, 2024 Equal Protection of Law Amendment • Add language to the New York Bill of Rights to provide that people cannot be denied rights based on their "ethnicity, national origin, age, and disability" or "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy." Approveda
Nevada Nov. 5, 2024 Right to Abortion Initiative • Establish the constitutional right to an abortion, providing for the state to regulate abortion after fetal viability, except where medically indicated to protect the life, physical health, or mental health of the pregnant woman. Approveda
South Dakota Nov. 5, 2024 Constitutional Amendment G • Provide a trimester framework for regulating abortion in the South Dakota Constitution Defeatedd

Noteworthy events

See also: Noteworthy events

To read about noteworthy events surrounding Amendment 4, click here. Noteworthy events include:

Text of measure

Ballot title

The ballot title was as follows:[1]

“ Amendment to Limit Government Interference with Abortion[6] ”

Ballot summary

The proposed ballot summary was as follows:[1]

“ 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. [6] ”

Financial impact statement

The financial impact statement as written by the Florida Financial Impact Estimating Conference on July 15, 2024, was as follows:[7]

“

The proposed amendment would result in significantly more abortions and fewer live births per year in Florida. The increase in abortions could be even greater if the amendment invalidates laws requiring parental consent before minors undergo abortions and those ensuring only licensed physicians perform abortions. There is also uncertainty about whether the amendment will require the state to subsidize abortions with public funds. Litigation to resolve those and other uncertainties will result in additional costs to the state government and state courts that will negatively impact the state budget. An increase in abortions may negatively affect the growth of state and local revenues over time. Because the fiscal impact of increased abortions on state and local revenues and costs cannot be estimated with precision, the total impact of the proposed amendment is indeterminate.[6]

”
To see information about the lawsuits surrounding the financial impact statement, click here.

Constitutional changes

See also: Article I, Florida Constitution

The ballot initiative would have added a new section to Article I of the Florida Constitution. The following underlined text would have been added:[1]

Limiting government interference with abortion.— 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. [6]

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The initiative proponents wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 16, and the FRE is -6. The word count for the ballot title is 7.

The FKGL for the ballot summary is grade level 17, and the FRE is 15. The word count for the ballot summary is 49.


Support

FloridiansProtectingFreedom.jpg

Floridians Protecting Freedom led the campaign in support of the initiative.[8]

Supporters

Officials

Unions

  • SEIU 1199 Florida

Organizations

  • ACLU of Florida
  • Faith in Public Life Action
  • Florida Rising
  • Florida Women's Freedom Coalition
  • League of Women Voters of Florida
  • Men4Choice
  • Planned Parenthood of Southwest and Central Florida
  • The Fairness Project
  • Think Big America
  • Women's Voices of Southwest Florida


Arguments

  • Faith in Public Life Action: "Faith leaders across Florida are committed to loving our neighbors by protecting their freedom to make the best decisions for themselves, their families and their communities. Our beliefs implore us to respect the sacredness of our ability to discern right action particularly in complex matters around our reproductive health. This stance is not rooted in politics, but in our unwavering commitment to loving our neighbors by protecting their dignity and agency. People of faith who believe in justice and community must be on the frontlines fighting for accessible and comprehensive reproductive care to protect the most vulnerable in our state. This is why Faith in Public Life Action is calling on people of all faiths to vote YES on Amendment 4."
  • U.S. President Joe Biden (D): "Next week one of the nation’s most extreme anti-abortion law is going to take effect here in Florida. It criminalizes reproductive healthcare before a woman even knows that they are pregnant." Biden discussed other abortion rights measures appearing on statewide ballots and said, "This November, you can add Florida to that list. Are you ready to do that? You’ve gotta show up to vote."
  • Floridians Protecting Freedom: "The overwhelming majority of Floridians think we should all have the freedom to make our own personal health care decisions without interference from politicians. Despite that, politicians in Florida just signed the most extreme abortion ban in the nation. It bans abortion before most people even realize they are pregnant. Help put these decisions back in the hands of Florida families and their doctors, not extreme politicians. There are so many reasons why someone may make the deeply personal decision to have an abortion – maybe their birth control failed, or they were a victim of rape or incest, or carrying a pregnancy would endanger their lives. Politicians shouldn’t be allowed to interfere in this personal decision or to prevent nurses and doctors from treating their patients."
  • Senate Minority Leader Lauren Book (D-35): "The fight for freedom has never been more critical. Despite the fact that abortion is no longer a partisan issue for Americans, elected Republicans across the US are working to take away access to women’s healthcare. We must not back down!"
  • Anna Hockhammer, executive director of the Florida Women’s Freedom Coalition: "Amendment 4 is very explicit that it doesn’t change the Legislature’s existing constitutional authorities vis á vis parental rights. We support parental rights. We want parents to be involved in making the health care decisions for their children. I would argue that Amendment 4 gives more power to parents and guardians because it restores the decision making to patients, their families, and their health care teams and their doctors and takes it out of the hands of politicians and government. Amendment 4 does nothing to preclude the state from regulating medical services the way that it does with every other procedure. You don’t go to a dentist to get open heart surgery, and your message therapist isn’t your dermatologist. Nothing in Amendment 4 precludes the state from making sure that competent, trained doctors and other health care professionals are the ones who can provide abortion access."
  • Laura Goodhue, executive director of the Florida Alliance of Planned Parenthood Affiliates: "Politicians don’t want us to take our power back, so they’re trying to rig the system, because they know in a fair fight, they’ll lose. Floridians are fed up with the government meddling where they have no business — from accessing abortion to accessing the ballot."


Opposition

Noon4.png

Five committees registered to oppose the initiative: Florida Voters Against Extremism, Keep Florida Pro Life, Do No Harm Florida, Life First PC, and Florida Freedom Fund. Florida Freedom Fund, created by Florida Governor Ron DeSantis (R), registered to oppose the initiative as well as Amendment 3, the marijuana legalization initiative.[9]

Opponents

Officials

Candidates

  • Donald Trump (Conservative Party, Republican Party) - Former U.S. President

Political Parties

Organizations

  • Democrats for Life of Florida
  • Florida Conference of Catholic Bishops
  • Florida Family Action, Inc.
  • Florida Family Policy Council
  • Florida Right to Life
  • Liberty Counsel
  • National Center for Life and Liberty
  • Priests for Life
  • Students for Life Action
  • Susan B. Anthony Pro-Life America

Individuals

  • Ben Shapiro - Host of The Ben Shapiro Show

Arguments

  • Florida Family Action: "The sponsors of this extreme amendment want to legalize abortion up to the moment of birth and to repeal all limitations and regulations on abortion – even safety regulations that protect women – because they want to make Florida the home of late-term abortions in the Southeast."
  • Florida Agency for Health Care Administration: "Florida cares about women and children. ... Florida is protecting life. We must keep Florida from becoming an abortion tourism destination state."
  • Attorney General Ashley B. Moody (R): "As just one example of how misleading this initiative is, the initiative creates a right to abortion through 'viability.' ... The sponsor has gone so far attempting to deceive Floridians as to not post any information on its website on what it means by viability and when the right to abortion, which it is attempting to enshrine in our Constitution, ends. ... While I personally would not vote for this initiative no matter what definition of 'viability' it was using, I know that to some voters, it is material to their vote – whether you are talking about an abortion in the first trimester or at the end of the second trimester."
  • Florida Voice for the Unborn: "The amendment mandates unlimited abortion in Florida! The amendment requires the return of barbaric partial-birth abortions in Florida! The amendment overrides parental consent for an abortion in Florida! The amendment encourages the expansion of abortion business in Florida! The amendment prohibits reasonable protections for women's health in Florida!"
  • Dr. Grazie Pozo Christie, senior fellow for the Catholic Association: "According to this ballot amendment, anybody could perform an abortion. For instance, a girl could go to a Planned Parenthood office and be given the chemical abortion pill or a prescription for the pill by the receptionist. So there is no clinical oversight at all over something that is a very dangerous [procedure]."
  • State Executive Committee of the Republican Party of Florida: "Radical activists have collected petition signatures that would place on the November ballot a constitutional amendment that would enshrine abortions … which would bypass the delegated authority of the Legislature and override the right to life laws in effect in the State of Florida. ... The Republican Party of Florida supports Attorney General Ashley Moody’s work of legally challenging both this amendment and the efforts of the abortionists to place this amendment on the November ballot."
  • Florida Gov. Ron DeSantis (R): "[The initiatives] are very, very extreme. Once voters figure out how radical both of those are, they’re going to fail."
  • Lynda Bell, President of Florida Right to Life and co-founder of Do No Harm Florida: "The next step may be to force taxpayers to pay for abortions. [Abortion rights supporters in Michigan] are suing to force taxpayers to fund abortions."
  • Life First PC: "Amendment 4 in Florida is a highly controversial proposal that seeks to significantly alter the state's existing abortion laws. If passed, this amendment would permit abortion up to the point of birth, a drastic departure from current restrictions that generally limit abortion after the viability of the fetus, except in cases of medical necessity. Additionally, it would grant minors the ability to undergo abortion procedures without parental consent, undermining parental rights and involvement in their children's critical healthcare decisions. Furthermore, Amendment 4 would expand the scope of medical professionals authorized to refer women for abortions beyond licensed abortionists and women’s health professionals. This expansion raises concerns regarding the quality of care and expertise involved in such referrals, potentially compromising the safety and well-being of women seeking abortion services. Amendment 4 presents significant implications for women’s health, parental rights, and the protection of unborn life in Florida, stirring debate and prompting advocacy efforts from pro-life advocates. We need your help to turn out 40.1% of voters to vote NO on amendment 4."
  • Informed Church: "[The amendment] will permanently embed abortion for any reason, at any stage, by any health care provider into the Florida constitution. This measure would override all of the Current Protections & Regulations already in place, including parental right to consent. Amendment 4 is largely funded by Planned Parenthood, the ACLU and other organizations pushing for no-limit abortions in the state of Florida. They purposely use deceptive language to make the amendment confusing and vague. In fact, a similar amendment in Ohio that recently passed had 26% of evangelicals voting in favor of it because they simply did not understand the language and were uninformed."
  • Florida Voters Against Extremism: "Amendment 4 pretends to 'just bring things back to how they were with Roe vs. Wade'– but it actually goes much further – allowing for abortion throughout all 9 months of pregnancy with no protections for the unborn baby. Unlike other Amendments, Amendment 4 provides ZERO definitions of key words like 'government interference', 'viability', 'health care provider', 'patient’s health' – so voters won’t even know what they’re voting on. This creates huge loopholes that will result in years of litigation and legal uncertainty. ... Amendment 4 gives abortion clinics a rubber stamp to approve late-term, third trimester abortions. ... Amendment 4 would make abortion the only medical procedure that minors could undergo without parental consent."
  • U.S. Sen. Rick Scott (R-FL): "I don’t support the ballot initiative on abortion because it’s extreme. I think the Democrats are, I believe, extreme on this. They support abortion up until the moment of birth, they support allowing a healthy baby born alive to die just by leaving him in the corner."
  • Donald Trump (R): "I think six weeks, you need more time than six weeks. I disagreed with that right from the early primaries. When I heard about it, I disagreed with it. At the same time, the Democrats are radical because the nine months is just a ridiculous situation where you can do an abortion in the ninth month. All of that stuff is unacceptable, so I'll be voting no (on Amendment 4) for that reason."
  • Students for Life of America President Kristan Hawkins: "Floridians face a stark choice this November, when unlimited abortion is on the ballot. Make no mistake, the Democrats are going to use abortion as a Get-Out-The-Vote tactic to run from their terrible record on the border, economy, and foreign policy. The Pro-Life Generation will stand with vulnerable women and preborn babies to ensure it doesn’t happen."
  • Florida Physicians Against Amendment 4: "This amendment violates our commitment to excellent health care for women and children because it would: Permit abortion through all nine months of pregnancy; Permit non-physicians to determine when and if an abortion can be performed, even in late pregnancy; Eliminate parental consent for minors; and; Remove common sense maternal health and safety regulations."


Campaign finance

See also: Campaign finance requirements for Florida ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 31, 2024.


Floridians Protecting Freedom sponsored the initiative. The campaign reported $121.76 million in contributions.[10]

Seven committees registered to oppose the initiative and together have raised $13.5 million:

  • Florida Voters Against Extremism
  • Keep Florida Pro-Life
  • Do No Harm Florida
  • Life First PC
  • Protect Human Life Florida
  • NE Florida for Common Sense on Amendment 4; and
  • Florida Freedom Fund, created by Florida Governor Ron DeSantis (R), registered to oppose the initiative as well as Amendment 3, the marijuana legalization initiative.

Additionally, two committees, Defending Unborn Life and Florida Students for Life Action Committee, registered to oppose the initiative but did not report campaign finance activity.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $111,332,654.90 $10,433,375.21 $121,766,030.11 $111,332,654.90 $121,766,030.11
Oppose $13,093,882.06 $371,403.83 $13,465,285.89 $10,908,111.57 $11,279,515.40
Total $124,426,536.96 $10,804,779.04 $135,231,316.00 $122,240,766.47 $133,045,545.51

Support

The following table includes contribution and expenditure totals for the committee in support of the initiative.[10]

Committees in support of Amendment 4
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Floridians Protecting Freedom $111,332,654.90 $10,433,375.21 $121,766,030.11 $111,332,654.90 $121,766,030.11
Total $111,332,654.90 $10,433,375.21 $121,766,030.11 $111,332,654.90 $121,766,030.11

Donors

Following are the top donors to the support committee.[10]

Donor Cash Contributions In-Kind Contributions Total Contributions
The Fairness Project $10,200,000.00 $0.00 $10,200,000.00
Marsha Laufer $9,603,250.00 $0.00 $9,603,250.00
Charles and Lynn Schusterman Family Foundation $5,000,000.00 $355,485.45 $5,355,485.45
Our American Future Action $5,000,000.00 $0.00 $5,000,000.00
Tides Foundation $3,467,500.00 $0.00 $3,467,500.00

Opposition

The following table includes contribution and expenditure totals for the committee in support of the initiative.[10]

Committees in opposition to Amendment 4
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Florida Freedom Fund $8,615,809.33 $80.63 $8,615,889.96 $6,502,877.83 $6,502,958.46
Florida Voters Against Extremism $3,379,727.98 $312,870.24 $3,692,598.22 $3,304,494.39 $3,617,364.63
Keep Florida Pro Life $747,488.70 $0.00 $747,488.70 $751,754.00 $751,754.00
Do No Harm Florida $144,464.99 $50,203.67 $194,668.66 $144,464.99 $194,668.66
Protect Human Life Florida $171,147.06 $1,500.00 $172,647.06 $169,276.36 $170,776.36
NE Florida for Common Sense on Amendment 4 $31,445.00 $0.00 $31,445.00 $31,445.00 $31,445.00
Life First PC $3,799.00 $6,749.29 $10,548.29 $3,799.00 $10,548.29
Total $13,093,882.06 $371,403.83 $13,465,285.89 $10,908,111.57 $11,279,515.40

Donors

Following are the top donors to the opposition committees.[10]

Donor Cash Contributions In-Kind Contributions Total Contributions
Keep Florida Clean $1,100,000.00 $0.00 $1,100,000.00
Conservatives for Principled Leadership $1,000,000.00 $57,000.00 $1,057,000.00
Floridians for Economic Leadership $1,000,000.00 $0.00 $1,000,000.00
Patricia Duggan $1,000,000.00 $0.00 $1,000,000.00
PMI Global Services $500,000.00 $0.00 $500,000.00
Holly Boswell $325,000.00 $75,000.00 $400,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Satellite spending

See also: Satellite spending

The Florida Democratic Party made expenditures to support Amendment 4, including advertisements.[11]

Media editorials

See also: 2024 ballot measure media endorsements

Support

The following media editorial boards published an editorial supporting the ballot measure:

  • Sun Sentinel Editorial Board: "Women are not second-class citizens. Protect all Floridians' rights. Vote yes on Amendment 4."
  • Miami Herald Editorial Board: "Because the alternative, if the amendment fails to get 60% of voter approval, is the state’s current six-week abortion ban, one of the strictest in the nation. Most women don’t even know they’re pregnant that early, making it essentially a complete ban. Florida also has a 24-hour mandatory waiting period, and telehealth appointments are prohibited before the procedure, adding additional obstacles for women who don’t live near a clinic or don’t have easy transportation. The ban is cruelest to women who need an abortion to protect their own health but cannot get one because — even though the ban has such health exceptions — doctors are afraid the state will second guess their medical judgment."
  • Tampa Bay Times Editorial Board: "Women deserve the time and discretion to make informed medical choices, and Amendment 4 would provide that space and autonomy. It also would give doctors the certainty they need to care for their patients and the medical profession the protection to serve a growing state. The measure is also in sync with public attitudes on abortion, where Americans have long balanced the issues of privacy and life. While public support has fluctuated over time, polls consistently show U.S. adults endorse abortion access; currently, 63% say abortion should be legal in all or most cases, according to the Pew Research Center. Gallup has reported majority support for abortion almost continually since the 1970s."
  • Palm Beach Post Editorial Board: "Tallahassee politicians have a history of claiming to be champions of the people when it serves their purpose — and their campaign – and running roughshod over rights when it doesn't. That can't happen this time. Floridians need to make it clear who runs Florida and who runs our individual lives. We do. We need to send a loud message to the government to, as vice presidential candidate Tim Walz put it succinctly: 'Mind your own d*** business.' Vote yes to secure reproductive freedoms under Amendment 4."
  • Orlando Sentinel Editorial Board: "In requiring a near-total ban on childbirth choice, Florida lawmakers not only told women what they are expected to do with their bodies. They put barriers on the kind of lives they expect women to lead. They had no right to do so."
  • Tampa Bay Times Editorial Board: "Florida’s rush to curtail a right that existed for decades shows the danger of politicizing health care decisions and the extent the state’s Republican-led government is out of touch with public sentiment. … Women deserve the time and discretion to make informed medical choices, and Amendment 4 would provide that space and autonomy. It also would give doctors the certainty they need to care for their patients and the medical profession the protection to serve a growing state."
  • Miami Herald Editorial Board: "The ban is cruelest to women who need an abortion to protect their own health but cannot get one because — even though the ban has such health exceptions — doctors are afraid the state will second-guess their medical judgment."


Opposition

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.


Polls

See also: 2024 ballot measure polls
Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
Florida Amendment 4, Right to Abortion Initiative (2024)
Poll
Dates
Sample size
Margin of error
Support
Oppose
Undecided
Public Opinion Research Lab (PORL) at the University of North Florida 10/7/2024-10/18/2024 853 LV ± 3.5% 60% 32% 8%
Question: "Amendment 4 titled “Amendment to Limit Government Interference with Abortion” states: 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. If the election were held today, would you vote yes or no for this proposition?"
New York Times/Siena College 8/29/2024-10/6/2024 622 LV ± 4.8% 46% 38% 16%
Question: "If the 2024 election were held today, would you vote YES or NO on Amendment 4 that would if passed legalize abortions up to the point of fetal viability, or generally acknowledged to be the 24th week of pregnancy?"
Public Policy Polling 8/25/2024-8/26/2024 808 RV ± 3.5% 58% 31% 11%
Question: "Amendment 4, titled an “Amendment to limit government interference with abortion,” will appear on the ballot in Florida this November. It reads: “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.” If the election was today, would you vote yes or no on Amendment 4?"
Emerson College Polling/The Hill 9/3/2024-9/5/2024 815 LV ± 3.4% 55% 26% 20%
Question: "This November, a ballot measure will appear to provide a constitutional right to abortion before fetal viability. Would you vote yes or no on this measure?"
Public Policy Polling 8/21/2024-8/22/2024 837 RV ± 3.4% 61% 25% 14%
Question: "Amendment 4, titled an “Amendment to limit government interference with abortion,” will appear on the ballot in Florida this November. It reads: “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.” If the election was today, would you vote yes or no on Amendment 4?"
Florida Atlantic University and Mainstreet Research USA 8/10/2024-8/11/2024 1500 RV ± 3.0% 56% 21% 23%
Question: "On the upcoming ballot amendment 4, which reads: 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. Which way are you considering voting?"
Suffolk University Poll 8/7/2024-8/11/2024 500 LV ± 4.6% 58.20% 35.20% 6.80%
Question: "Amendment 4 would allow first and second trimester abortions (before the fetus could survive outside the womb) or when necessary to protect the health of the patient as determined by the patient’s healthcare provider. A YES vote supports establishing a constitutional right to abortion before fetal viability. A NO vote opposes establishing a constitutional right to abortion before fetal viability. At this point, would you vote yes or no?"
University of North Florida 7/24/2024-7/27/2024 774 LV ± 4.6% 69% 23% 8%
Question: "Amendment 4 titled “Amendment to Limit Government Interference with Abortion” states: 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. If the election were held today, would you vote yes or no for this proposition?"
Fox News 6/1/2024-6/4/2024 1075 RV ± 3% 69% 27% 4%
Question: "If the election were today, how would you vote on Amendment 4, which would establish the right to an abortion up until fetal viability or when necessary to protect the patient's health?"
USA Today/Ipsos 4/5/2024-4/7/2024 1014 RV ± 4.1% 57% 36% 6%
Question: "If there is a ballot measures in Florida to decide abortion rights, would you vote for or against making abortion legal up until fetal viability, which is at about 24 weeks?"
Emerson College Polling 4/9/2024-4/10/2024 1000 RV ± 3.00% 42% 25% 32%
Question: "This November, a ballot measure will appear to provide a constitutional right to abortion before fetal viability. Would you vote yes or no on this measure?"
University of North Florida 11/6/2023-11/26/2023 716 RV ± 4.37% 62% 29% 9%
Question: "An amendment has been proposed to the Florida Constitution that states, “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.” If the measure appears on the Florida ballot in 2024, will you vote yes or no on this amendment?"

Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

U.S. Supreme Court rulings on abortion

Dobbs v. Jackson Women’s Health Organization (2022)

See also: Dobbs v. Jackson Women’s Health Organization

In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background. On May 17, 2021, the Supreme Court of the United States agreed to hear the case.[12]

On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there was no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.

Roe v. Wade (1973)

See also: Roe v. Wade (1973)

In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The high court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[13]

The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.[13]

Status of abortion in Florida

This section outlines the changes in laws related to abortion from 2004 to 2023. The events are listed in reverse chronological order with the most recent appearing first.

  • On April 1, 2024, the Florida Supreme Court ruled that the constitution's right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 finding that the privacy clause did include a right to abortion. The ruling allowed the state's 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, known as the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban took effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.
  • On April 13, 2023, Florida Governor Ron DeSantis (R) signed Senate Bill 300, the Heartbeat Protection Act, which was designed to prohibit abortions once a fetal heartbeat is detectible, generally around six weeks into pregnancy. The new bill banning abortions after six weeks was set to take effect 30 days after the Florida Supreme Court rules on the 15-week abortion ban case.[14]
  • On January 23, 2023, the Florida Supreme Court agreed to hear arguments in Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al., a case brought by Florida abortion providers challenging the constitutionality of House Bill 5. The 15-week abortion ban law has remained in effect pending the state supreme court ruling.[15]
  • On April 15, 2022, Florida Governor Ron DeSantis (R) signed House Bill 5, which created a ban on abortions after 15 weeks. Prior to the law taking effect in July 2022, abortions were legal in Florida until 24 weeks.[15]
  • In 2012, Florida voters rejected an amendment placed on the ballot by the state legislature that would have prohibited the state from spending public funds for abortions or health insurance that includes abortion coverage. Exceptions would have been made for (a) when a physician determined that physical conditions placed the woman at risk of death unless an abortion was performed; (b) when a pregnancy resulted from rape or incest; or (c) when federal law required the spending. The amendment would have also added language to the Florida Constitution stating that the state constitution could not be interpreted to "create broader rights to an abortion" than the U.S. Constitution.
  • In 2004, Florida voters approved a constitutional amendment referred to them by the state legislature that authorized the Florida State Legislature to enact a law requiring that the parents of a minor must be notified before the minor receives an abortion. It provides exceptions to parental notification through a judicial waiver process. It was approved with 65% of voters in favor and 35% opposed.

Abortion regulations by state

See also: Abortion regulations by state

As of September 4, 2025, 41 states restricted abortions after a certain point in pregnancy.[16] The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:

  • Twelve states restrict abortion after conception
  • Four states restrict abortion at six weeks post-fertilization
  • Two states restrict abortion at 12 weeks post-fertilization
  • Zero states restrict abortion at 15 weeks post-fertilization
  • One state restricts abortion at 18 weeks since the last menstrual period
  • Three states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
  • Four states restrict abortion at 24 weeks since the last menstrual period
  • Fourteen states restrict abortion at fetal viability
  • One state restricts abortion in the third trimester

The maps and table below give more details on state laws restricting abortion based on the stage of pregnancy. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.

Some of the terms that are used to describe states' thresholds for abortion restriction include the following:

  1. Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.[17]
  2. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[18][19]
  3. Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[20]
  4. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[18]
  5. Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.[21]
  6. Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.[21]