Florida Gov. Ron DeSantis signed the Heartbeat Protection Act into law on April 13, 2023, in a private ceremony.
Courtesy Florida Governor's Office
DeSantis just signed a bill into law that would make abortion illegal after six weeks.
Democrats tried to alter the bill, including by invoking a tactic Disney used to fend off DeSantis.
"If it worked for Disney, maybe it'll work for me," a Democratic lawmaker said.
Republican Gov. Ron DeSantis of Florida signed near-total abortion ban during a private ceremony at his office just before midnight on Thursday.
The governor had been on a book tour in Ohio earlier in the day, before flying back to Florida, where he was surrounded by roughly two dozen supporters. His schedule shows he's traveling to Virginia on Friday to speak at the evangelical Liberty University. Back in Florida this week, Fort Lauderdale was battling major flooding, and DeSantis activated an emergency order from afar on Thursday and phoned the Broward County mayor.
Throughout the day on Thursday, Florida Democrats pulled numerous stops to try to keep the state's abortion ban from ever taking effect, including invoking a tactic Walt Disney World successfully used in a high-profile battle earlier this year.
But in the face of a Republican supermajority in the Florida House, Democrats' more than 50 amendments failed as Florida representatives sent a six-week ban to DeSantis' desk by a vote of 70-40.
Democrats had pledged to put up a fight ahead of Thursday's debate. As part of that fight, Rep. Anna Eskamani of Orlando presented an amendment that was tied to an obscure property law to keep the abortion ban from going into effect virtually in perpetuity.
Disney successfully used the rule, which invokes England's King Charles III, to retain power of its land earlier this year following a prolonged battle with DeSantis over banning LGBTQ curriculum from classrooms.
"If it worked for Disney, maybe it'll work for me," Eskamani, who previously worked at Planned Parenthood, said on the state House floor. "Let's delay this abortion ban for as long as we can."
The amendment failed. Separately, DeSantis has pledged to continue the fight against Disney.
DeSantis is expected to launch a bid for president as early as May, and being able to tout anti-abortion policy wins while campaigning has historically been a prerequisite for a GOP primary.
But shifting public opinion on abortion could mean DeSantis would lose a general election, even if his abortion legislation helps him win the primary.
The 2024 contest will be the first presidential race since the conservative-leaning Supreme Court overturned Roe v. Wade. During the 2022 midterms, congressional Democrats used abortion rights as a rallying cry and managed to hold onto more seats than expected. They plan to have DeSantis "own" the ban ahead of the 2024 election, according to Politico.
The implications of the Florida abortion ban on the 2024 race loomed in the background throughout the day. One lawmaker fighting for abortion rights even subtly referred to former President Donald Trump's "DeSanctimonious" nickname against the governor as she railed against the legislation.
"Keep your sanctimonious opinions for your own family," Democratic Rep. Kelly Skidmore of Boca Raton said of imposing abortion bans.
Another Democrat, Rep. Michele Rayner-Goolsby of St. Petersburg, changed the lyrics of the song "All Too Well" by singer-songwriter Taylor Swift, who is kicking off a concert series in Tampa on Thursday evening.
"They say all's well that ends well, but Florida is in a new hell," Rayner-Goolsby said.
State Rep. Fentrice Driskell speaks as Democratic lawmakers and invited speakers hold a press conference to oppose a special legislative session targeting vaccine mandates, on November 15, 2021, at the Capitol in Tallahassee, Florida.
Rebecca Blackwell, File/AP Photo
Democrats tried to change the financial provisions in the bill
Florida's current abortion law, which DeSantis signed, makes abortion illegal after 15 weeks, without exceptions for rape and incest. The law is in effect but is being litigated in court because the Florida Constitution contains a right to privacy that previously has been interpreted as a right to abortion.
The six-week ban will take effect if the Florida Supreme Court upholds the 15-week ban.
DeSantis signed that bill into law amid public fanfare, with a large crowd at a church that included several speakers.
But polling the six-week abortion ban is unpopular even in Florida. A University of North Florida poll of Florida residents conducted from February 25 through March 7 found 75% of respondents either somewhat or strongly opposed the ban, including 61% of GOP residents.
The six-week ban contains abortion exceptions if a pregnancy occurred as a result of rape, incest, or human trafficking, as well as cases where a pregnancy would result in severe health complications or death, or when a fetus has a fatal fetal anomaly.
To obtain an abortion in such cases, patients would have to provide documentation including a medical record, police report, or restraining order. Last year's Florida abortion data show that, of 82,000 abortions in all, 115 occurred following a rape, seven following incest, and none performed due to human trafficking, GOP Rep. Jenna Persons-Mulicka of Fort Myers said, reading from a state report.
"When I drafted this bill, my intention was to protect life," she said.
Democrats presented dozens of amendments to modify the bill. They proposed a provision to allow abortions if a pregnancy were to result in mental health consequences or significant financial hardship. They also proposed renaming the bill the "Forced Pregnancy Act" and guaranteeing three months of paid parental leave.
Democrats subsequently targeted a $25 million provision in the legislation for anti-abortion "crisis pregnancy centers," which work to persuade pregnant women to give birth or choose adoption.
While the centers do provide counseling, financial assistance, and baby supplies to families, they've been derided by Democrats as "fake clinics" because many don't have healthcare providers on staff. Democrats proposed diverting the funds to other areas, including childcare, long-acting contraception, diaper and milk banks, and rape crisis centers.
An amendment barring crisis pregnancy centers from using state money to advertise their services on billboards also failed.
The House gathered for hours to debate the bill, with emotional floor speeches on both sides of the issue. Lawmakers told stories of patients who suffered serious health complications as a result of pregnancy. Some lawmakers who supported the six-week ban said they believed in going even further, but aimed the cut off at a time when an embryo's cardiac activity can be detected.
"It amounts to an outright ban," House Minority Leader Fentrice Driskell of Tampa said on the House floor. "Most women don't know they're pregnant at six weeks."
Roughly an hour into the question-and-answer portion of the bill's debate, House Speaker Paul Renner of Palm Coast kicked out protesters who gathered in the gallery after they threw ripped papers onto the floor.
Renner said he wanted "there to be passionate debate on both sides" but warned observers against shouting, jeering, or clapping early in the day. The proceedings, he said, should be held "like a courtroom."
April 14, 2023: A previous version of this story ran on April 13, 2023. It has been updated to show that Florida Gov. Ron DeSantis signed the Heartbeat Protection Act into law.
