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VIRTUALLY ALL ABORTIONS WOULD BE ILLEGAL IN FLORIDA UNDER NEW PROPOSAL FILED BY
A HOUSE REPUBLICAN

BY: MITCH PERRY - JANUARY 8, 2024 5:16 PM



Anti-abortion protesters gathered in the 4th floor rotunda on Nov. 22, 2022,
where lawmakers were convening for the organizational session of the
Legislature. Credit: Diane Rado

Less than a year after Gov. Ron DeSantis signed a bill banning abortions in
Florida after six weeks, a House Republican in the Legislature has filed a bill
that essentially calls for the banning of all abortions in Florida. The move
comes as the 2024 legislative session opens on Tuesday.

Miami-Dade County Rep. David Borrero’s proposal (HB 1519) filed Monday says that
“a person or an entity may not purposely perform or attempt to perform an
abortion except to save the life of a pregnant woman in a medical emergency.”

The measure would target physicians who perform abortions, and not the women who
get them. The measure says that the penalty for “performing or attempting to
perform an abortion” would be a third-degree felony, subject to as much as 10
years in prison or with a fine of up to $100,000, “or both.”

“This section does not authorize a woman to be charged with or convicted of a
criminal offense in the death of her own child,” the measure says.

As to what would constitute a medical emergency, the measure says that would be
“an emergent physical condition in which an abortion is necessary to preserve
the life of a pregnant woman whose life is endangered by a physical disorder,
physical illness, or physical injury, including a life-endangering physical
condition caused by or arising from the pregnancy itself.”

Orlando Democratic Rep. Anna Eskamani blasted the proposal.

“Florida Republicans continue to show us just how far they are willing to go
with the filing of HB1519, a total abortion ban,” she said in a written
statement. “This policy proposal eliminates what are already narrow exceptions
for rape and incest and would force Floridians into pregnancy. It’s unhinged and
extreme and not what the majority of Floridians want. As we organize on the
ground in defense of reproductive freedom, we must continue to fight like hell
in the chamber. Floridians deserve the ability to make personal and private
decisions about their future and we will not stop fighting until that vision is
the reality for all.”

Most abortions in Florida are currently banned after 15 weeks with no exceptions
for rape or incest, a law which passed in the 2022 legislative session. That law
has been challenged by Planned Parenthood, and the Florida Supreme Court is
expected to rule on that challenge soon. If the court affirms the law, a
six-week abortion ban with exceptions for rape and incest that Gov. DeSantis
signed last year would then shortly go into effect.

Meanwhile a group attempting to get an abortion rights amendment on the Nov.
2024 ballot said last week that they are one step closer to getting that
accomplished.

Floridians Protecting Freedom announced that it has gathered 910,946 valid
signatures — it needed 891,523 to get to the ballot — according to the latest
count from the Florida Division of Elections on Friday. The campaign also
garnered enough support from more than eight percent of voters in 17
congressional districts. The measure still needs to have its ballot language
approved by the Florida Supreme Court.

If the amendment makes the ballot, it must win at least 60% of the vote to
secure passage.

The ballot initiative’s summary states in part, “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.”

An attorney with the campaign said during a press conference on Friday that the
group is confident in its ballot summary and will make its case in court on Feb.
7.  Florida Attorney General Ashley Moody has asked the court in briefs to
reject the initiative because she deems the use of the term viability is
ambiguous.

There are 14 states that ban abortion outright, according to the Guttmacher
Institute.

Update: A day after Borrero’s bill was filed, the two most powerful lawmakers in
the Florida Legislature — Senate President Kathleen Passidomo and House Speaker
Paul Renner — said that neither had any interest in passing a bill that would
effectively ban most abortion procedures in the state.


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MITCH PERRY

Mitch Perry has covered politics and government in Florida for more than two
decades. Most recently he is the former politics reporter for Bay News 9. He has
also worked at Florida Politics, Creative Loafing and WMNF Radio in Tampa. He
was also part of the original staff when the Florida Phoenix was created in
2018.

Florida Phoenix is part of States Newsroom, the nation’s largest state-focused
nonprofit news organization.

MORE FROM AUTHOR

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VIRTUALLY ALL ABORTIONS WOULD BE ILLEGAL IN FLORIDA UNDER NEW PROPOSAL FILED BY
A HOUSE REPUBLICAN

by Mitch Perry, Florida Phoenix
January 8, 2024

<h1>Virtually all abortions would be illegal in Florida under new proposal filed
by a House Republican</h1> <p>by Mitch Perry, <a
href="https://floridaphoenix.com">Florida Phoenix</a> <br />January 8, 2024</p>
<p>Less than a year after Gov. Ron DeSantis signed a bill banning abortions in
Florida after six weeks, a House Republican in the Legislature has filed a bill
that essentially calls for the banning of all abortions in Florida. The move
comes as the 2024 legislative session opens on Tuesday.</p> <p>Miami-Dade County
Rep. David Borrero’s proposal (<a
href="https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=80291&SessionId=103">HB
1519</a>) filed Monday says that “a person or an entity may not purposely
perform or attempt to perform an abortion except to save the life of a pregnant
woman in a medical emergency.”</p> <p>The measure would target physicians who
perform abortions, and not the women who get them. The measure says that the
penalty for “performing or attempting to perform an abortion” would be a
third-degree felony, subject to as much as 10 years in prison or with a fine of
up to $100,000, “or both.”</p> <p>“This section does not authorize a woman to be
charged with or convicted of a criminal offense in the death of her own child,”
the measure says.</p> <p>As to what would constitute a medical emergency, the
measure says that would be “an emergent physical condition in which an abortion
is necessary to preserve the life of a pregnant woman whose life is endangered
by a physical disorder, physical illness, or physical injury, including a
life-endangering physical condition caused by or arising from the pregnancy
itself.”</p> <p>Orlando Democratic Rep. Anna Eskamani blasted the proposal.</p>
<p>“Florida Republicans continue to show us just how far they are willing to go
with the filing of HB1519, a total abortion ban,” she said in a written
statement. “This policy proposal eliminates what are already narrow exceptions
for rape and incest and would force Floridians into pregnancy. It’s unhinged and
extreme and not what the majority of Floridians want. As we organize on the
ground in defense of reproductive freedom, we must continue to fight like hell
in the chamber. Floridians deserve the ability to make personal and private
decisions about their future and we will not stop fighting until that vision is
the reality for all.”</p> <p>Most abortions in Florida are currently banned
after 15 weeks with no exceptions for rape or incest, a law which passed in the
2022 legislative session. That law has been challenged by Planned Parenthood,
and <a
href="https://floridaphoenix.com/2023/09/08/fl-supreme-court-hears-arguments-over-the-future-of-abortion-in-this-state/">the
Florida Supreme Court </a>is expected to rule on that challenge soon. If the
court affirms the law,<a
href="https://floridaphoenix.com/2023/04/14/six-week-abortion-ban-gets-desantis-signature-without-fanfare/">
a six-week abortion ban</a> with exceptions for rape and incest that Gov.
DeSantis signed last year would then shortly go into effect.</p> <p>Meanwhile a
group attempting to get an abortion rights amendment on the Nov. 2024 ballot
said last week that they are one step closer to getting that accomplished.</p>
<p>Floridians Protecting Freedom <a
href="https://floridaphoenix.com/2024/01/05/abortion-rights-amendment-one-step-closer-to-the-fl-ballot-but-must-get-supreme-court-approval/">announced</a>
that it has gathered 910,946 valid signatures — it needed 891,523 to get to the
ballot — according to the latest count from the Florida Division of Elections on
Friday. The campaign also garnered enough support from more than eight percent
of voters in 17 congressional districts. The measure still needs to have its
ballot language approved by the Florida Supreme Court.</p> <p>If the amendment
makes the ballot, it must win at least 60% of the vote to secure passage.</p>
<div class="Enhancement"> <div class="Enhancement-item">The ballot initiative’s
summary states in part, “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.”</div> </div> <p>An attorney
with the campaign said during a press conference on Friday that the group is
confident in its ballot summary and will make its case in <a
href="https://floridaphoenix.com/2024/01/03/arguments-over-abortion-rights-initiative-set-for-feb-before-florida-supreme-court/">court
on Feb. 7</a>.  Florida Attorney General Ashley Moody has asked the court in
briefs to <a
href="https://floridaphoenix.com/2023/11/16/in-new-brief-moody-claims-abortion-amendment-would-let-providers-self-regulate/">reject
the initiative</a> because she deems the use of the term viability is
ambiguous.</p> <p>There are 14 states that ban abortion outright, according to
<a
href="https://www.guttmacher.org/state-policy/explore/state-policies-later-abortions">the
Guttmacher Institute.</a></p> <p><a
href="https://floridaphoenix.com/2024/01/09/on-abortion-front-gop-top-leaders-say-they-dont-support-bill-to-ban-virtually-all-abortions-in-fl/"><strong>Update:</strong></a><em>
A day after Borrero’s bill was filed, the two most powerful lawmakers in the
Florida Legislature — Senate President Kathleen Passidomo and House Speaker Paul
Renner — said that neither had any interest in passing a bill that would
effectively ban most abortion procedures in the state.</em></p> <style> figure,
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as a 501c(3) public charity. Florida Phoenix maintains editorial independence.
Contact Editor Michael Moline for questions: <a
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