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May 7, 2024 by katforflorida

FL NOW in the News: Florida 6-week abortion ban prompts warning

From Miami New Times — If you’re pregnant and care about your physical and mental well-being, it’s best to avoid Florida altogether for the foreseeable future, a state reproductive rights group said. It also provided a few recommendations for those unable to flee the Sunshine State.

The Florida National Organization for Women (Florida NOW) has issued an advisory warning “pregnant individuals to avoid travel and relocation to Florida due to the enactment of a near-total ban on abortion.”

The admonition came Wednesday after a year-delayed ban on abortion after six weeks of pregnancy went into effect, renewing concerns among some doctors that women in the state won’t have access to needed health care.

“The ban prohibits abortions from the earliest weeks of pregnancy, when many people don’t even know they are pregnant,” the group said. “Florida’s six-week abortion ban raises significant concerns regarding the availability of essential health care services for pregnant individuals with both wanted and unwanted pregnancies.”

For pregnant women in Florida who can’t leave, Florida NOW recommended four resources:

§ Charley, a confidential abortion chatbot built by a former president of Planned Parenthood that can steer users to help and walk them through their options.

§ INeedAnA, a website through which visitors can find a “legitimate abortion provider” and the closest and soonest appointment.

§ AbortionFunds, a nonprofit dedicated to helping people with abortion-related financial and logistical issues.

§ Plan C, which provides access to abortion pills by mail in all 50 states.

“Florida NOW will not stop fighting for Reproductive Freedom,” the group’s president, Debbie DeLand, said in a statement. “We urge all Floridians to renew their vote-by-mail registration and vote Yes on 4 in November to restore abortion access and get politicians out of our personal medical decisions.”

“Yes on 4” refers to a question on the November ballot that will ask voters to approve an amendment to the Florida Constitution prohibiting any law limiting the ability to obtain an abortion before fetal viability (generally 20-25 weeks into a term).

The Florida Supreme Court approved the ballot language April 1. To pass, Amendment 4 must receive a “yes” vote by at least 60% of voters.

The six-week ban replaces a 15-week restriction that included no exceptions for rape or incest. Gov. Ron DeSantis signed the lengthier ban during a press conference at a Kissimmee, Fla., church in April 2022. He quietly signed the six-week ban, dubbed the “Heartbeat Protection Act,” a year later. It allows for abortion up to the 15th week of pregnancy in cases of human trafficking, incest or rape, including statutory rape.

If a doctor determines a pregnant woman is at risk of death, “substantial and irreversible harm,” or if the fetus has a fatal abnormality, abortion is permitted through the first two trimesters.

The six-week ban was on hold while legal challenges against the 15-week ban lawmakers passed two months before the U.S. Supreme Court overturned Roe v. Wade moved through the court system.

Last month, the Florida Supreme Court ruled 6-1 to uphold the 15-week ban. That enabled the six-week ban, written to take effect a month after the 2022 law was upheld, to replace it.

Click here to read the original article as published on Miami New Times. 

May 6, 2024 by katforflorida

FL NOW in the News: Florida says people getting abortions will not be penalized, clarifies medical exceptions

As of Wednesday, May 1, Florida joined several other states in banning nearly all abortions after six weeks. Critics have pointed out that many people don’t find out they’re pregnant by then, and say the medical exceptions provided in the law to save the pregnant person’s life or avoid irreversible damage in cases of dire need are intentionally vague and confusing.

“This ban is putting lives at risk,” said state Sen. Bobby Powell, D-West Palm Beach. “People are going to die. … That’s what it’s going to lead to for the women in the state of Florida.”

The state is fighting back. In a post on X, formerly Twitter, the Agency for Health Care Administrationreleased some clarification Wednesday to “combat the lies and misinformation surrounding Florida’s Heartbeat Protection Act.”

Notable among the items listed in the “Myth vs. Fact” flier the agency posted are that a pregnant person seeking or getting an abortion will not be subject to criminal penalties and that abortions for ectopic pregnancies, premature rupture of membranes or miscarriages are not prohibited.

None of these facts are explicitly mentioned in the new law or Florida statutes, although Democrats tried and failed to have similar clarifications added to the bill last year.

Cases of women nearly dying due to doctors and hospitals, afraid of repercussions and ill-defined rules, delaying care or turning them away have sprung up in other states with similarly restrictive laws. In Florida, a doctor told a woman in Miramar who was experiencing premature rupture of the membrane (PROM) that he couldn’t deliver the fetus because of the state’s 15-week ban. She delivered it herself alone in a hair salon bathroom last April and lost half her blood before EMTs arrived.

In 2022, a woman in Lakeland was forced to give birth to a baby with no kidneys or lungs that died shortly afterward. A Planned Parenthood doctor turned away a 14-year-old rape victim trying to terminate her pregnancy because of Florida’s abortion ban, according to a lawsuit challenging the law.

Early reports from a University of California San Francisco study found that recent abortion bans have contributed to “preventable complications, such as severe infection” because healthcare providers “reported their ‘hands were tied.'”

The day the 6-week ban went into effect, the Florida National Organization for Women (NOW) issued a travel advisory warning pregnant people to avoid travel or relocation to Florida due to “significant concerns regarding the availability of essential healthcare services for pregnant individuals with both wanted and unwanted pregnancies.”

“Florida works to ensure the health and safety of mothers and babies by continuing to hold medical providers accountable to the standards of their oath to protect and ensure the health and well-being of their patient,” the AHCA flier said.

In November, Florida voters will be able to decide if they want to return state abortion laws back to something resembling previous federal law under Roe v. Wade.

What is Florida’s abortion law?

Following the Florida Supreme Court decision on the constitutionality of a 2022 15-week abortion ban in April, a more restrictive 6-week ban passed last year went into effect on May 1. Abortions after six weeks of gestation (with some exceptions) are prohibited and anyone performing one or assisting someone to get one is subject to criminal charges, fines and/or loss of medical licenses.

What are the exceptions to Florida’s 6-week abortion ban?

According to Florida Statutes and the new ban created by SB 300, abortions after six weeks are only allowed:

  • If necessary to “save the pregnant woman’s life or to 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”
  • If “in reasonable medical judgment, the fetus has a fatal fetal abnormality”

The decision must be certified in writing by two physicians. Even then, abortions are banned under the new bill if the pregnancy has “progressed to the third trimester.” Medical abortions are also prohibited unless performed in person by a healthcare professional which bans home use of so-called “abortion pills” mifepristone and misoprostol,

According to the AHCA, pregnant people will not be forced to give birth if their life or health will be in jeopardy.

Abortions also may be performed in Florida up to 15 weeks if the patient is pregnant due to rape, incest or human trafficking but only if the pregnant person has copies of “a restraining order, police report, medical record, or other court order or documentation” to provide evidence that they are a victim of rape or incest.

What is an ectopic pregnancy?

In an ectopic pregnancy, a fertilized egg implants outside of the uterus, usually in the Fallopian tubes, according to information from the Mayo Clinic, When that happens the egg cannot survive and the growing tissue may cause life-threatening bleeding.

“Treatment to remove an ectopic pregnancy is not prohibited under Florida law,” the AHCA flier said.

What is premature rupture of membranes (PROM)?

Commonly referred to as “water breaking,” PROM normally occurs when the protective amniotic sac around the fetus bursts before or during labor. If it happens prematurely (considered to be before the 37th week of pregnancy) it can cause serious infections and complications.

“Florida law does not prohibit treatment for women who experience premature rupture of membranes (PROM),” the AHCA said, “and as such, physicians in Florida should follow established standards of care regarding the most appropriate course of action for PROM.”

What is a miscarriage?

“Miscarriage is the sudden loss of a pregnancy before the 20th week,” the Mayo Clinic says, and up to 20% of known pregnancies end in miscarriage although that number is likely much higher. Miscarriages often happen when the fetus does not develop properly.

“Florida law does not prohibit the removal of a pregnancy for women who experience a miscarriage in any circumstance,” the AHCA said.

When do most people find out they’re pregnant?

Most people find out they’re pregnant before six weeks, but one in three do not and one in five won’t know till after seven weeks, according to a 2021 study from ANSIRH at the University of California San Francisco. The percentage is even higher — almost two in three people — for teens between ages 15 and 19 who become pregnant and don’t find out until six weeks or later, the study found.

Symptoms vary wildly between individuals and even between different pregnancies for the same person, and irregular menstrual cycles can make it difficult for a person not actively trying to get pregnant to notice in time.

The AHCA responded to this issue by mentioning pregnancy tests, which detect the presence of a hormone called human chorionic gonadotropin, or hCG. The agency said “pregnancy tests have evolved substantially over the years. Trace levels of hCG can now be detected as early as eight days after ovulation.”

However, while some pregnancy tests advertise earlier detection, medical experts say a week after the first day of a person’s missed period is more accurate. According to a clevelandclinic.org post in 2022, “If you take a test too soon, it could be negative even if you’re pregnant.”

Can I go to jail for getting an abortion after 6 weeks in Florida?

Florida law prohibits anyone from willfully performing or actively helping someone get an abortion outside of the six-week gestational period or the legal exemptions. Doing so is considered a third-degree felony, punishable by fines and imprisonment of five years.

“Florida’s criminal abortion penalties do not apply to pregnant women,” the AHCA said. Florida law only states that a person upon whom a partial-birth abortion is performed, which is illegal, may not be prosecuted.

What would Amendment 4, Florida’s abortion amendment do?

The proposed amendment submitted by Floridians Protecting Freedom that will appear on November’s ballot 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.”

Fetal viability has been put at about 24 weeks.

For the amendment to pass it must win by a supermajority, or at least 60% of the vote. According to an exclusive USA TODAY/Ipsos poll of more than 1,000 Floridians, half said they would vote in favor.

Rumors of a special legislative session to consider stricter immigration laws have been floated but Gov. Ron DeSantis said he was unaware of any plans to address the abortion amendment.

“That would be news to me if there were to happen in terms of any other amendments being added to the ballot,” he said during a press conference Thursday in Jacksonville. “There may be people in the Legislature talking. Not coming from me.”

Click here to read the article on Tallahassee Democrat.

April 2, 2024 by katforflorida

FL NOW in the News: Volusia, Flagler react to Florida Supreme Court rulings on abortion, marijuana amendments

Voters will get to enshrine wider access to abortion and recreational marijuana in the state constitution, after the Florida Supreme Court ruled Monday that proposals for each meet the standards to be placed on the Nov. 5 ballot.

Volusia and Flagler County residents supportive of the abortion measure, which will be Amendment 4, were celebrating Monday night, while opponents said they will work to defeat it. Passage of a constitutional amendment requires 60% of the votes.

“My reaction is: ‘Yay!'” said Jewel Dickson, chair of the Volusia County Democrats. She expects both measures will result in higher turnout.

She said the abortion question has bipartisan appeal, but added: “I think this will help Democrats.”

Flagler County Democratic Chair Janet Sullivan said she believed the abortion petition met the state’s qualifications to land on the ballot, but there remained some uncertainty about what the court would do. In the end, it was a 4-3 vote Supreme Court vote.

“I’m thrilled beyond belief and kind of shocked the Surpeme Court approved it. They should have, as they are only supposed to vote based on the language, but we know the makeup of the court. I was hoping they might not rely on their partisan leanings.”

She expects the abortion access question to pass in November because it has wide support.

“It’s not just women. It’s not just people of a certain party. It’s not just Democrats. It’s not just young women,” she said. “There’s a whole bunch of people in Florida who believe in this.”

Abortion opponents urge people to respect the life of an unborn child at a rally in Ormond Beach in 2011.

A University of North Florida poll of 716 registered Florida voters in November indicated both measures were likely to pass, with 62% of respondents saying they would support a constitutional change guaranteeing access to abortion, while 67% said they would vote in favor of legalizing recreational marijuana.

Floridians Protecting Freedom, Inc., spent more than $15 million to gather enough signatures and begin a campaign supporting the abortion access initiative.

House Speaker Paul Renner, a Republican from Palm Coast, dubbed the group “abortion activists” whose proposal is extreme.

Paul Renner

“Amendment 4 would make FL’s abortion laws more liberal than countries throughout Europe and eliminate existing laws that most people on both sides of the abortion issue agree on ― like parental consent for minors and any restrictions on late-term abortions,” Renner wote in a post on X. “We are confident that when the people of Florida learn what this amendment does, they will vote NO on Amendment 4.”

The Volusia County Republican Executive Committee emailed members a message Monday stating: “They say it’s about women’s health. But half of all babies are women.”

Activists: Petition gatherers, signers eager for abortion protections

Two Volusia County residents who were involved in the effort to gather signatures for the abortion amendment said it was a team effort made easier by the support both volunteers and petition signers showed.

DeLand resident Judith Southard, 82, and her daughter Suzanne led efforts in Volusia County to gather signatures, but said many organizations worked together to make it happen. 

“We know there are always people who are against it, but we also know that it’s an important point for women to have control over their bodies,” she said. “Bodily autonomy. That’s what it’s all about.” 

The Southards are members of the National Organization for Women, but said other groups including the League of Women Voters, Unitarian churches, Jewish synagogues, Democratic Party clubs and others all contributed.  

Travis Henville, a Daytona Beach progressive activist, said he has done the “grunt work” of gathering signatures for other constitutional amendment initiatves before, but none resonated like this one with the people he approached.

“It’s hard to be out in the Florida summer ― it’s almost always in summer and fall when we’re flagging strangers down left and right and asking for a moment of their time ― but some people were very energized and very animated in a way that I have never seen. … There was a lot of anger. People were very supportive of access to abortion. They were definitely wanting to do something about it.”

Originally published at: https://www.news-journalonline.com/story/news/local/volusia/2024/04/02/volusia-flagler-leaders-react-to-abortion-access-marijuana-on-ballot/73169165007/

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