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Florida Republican files near-total abortion ban with no exceptions for rape, incest

The bill would restrict all abortions from the moment of fertilization except in instances where "an abortion is necessary to preserve the life of a pregnant woman."

TALLAHASSEE, Fla. — A new Florida bill filed on Monday would effectively ban all abortions from the moment of fertilization, with no exceptions for rape or incest. 

Rep. David Borrero (R-Sweetwater) filed HB 1519 just one day before the 2024 legislative session is set to kick off in Tallahassee. 

The bill states that "a person exists from the moment of fertilization," and restricts all abortions except in instances where "an abortion is necessary to preserve the life of a pregnant woman."

There are no exceptions in the bill for rape or incest.

Unlike previous abortion legislation filed in Florida, this bill would only apply to those who provide abortions or attempt to provide abortions, not pregnant women seeking abortions. 

That means under HB 1519, any doctor or physician who provides an abortion, prescribes medications for an abortion or distributes those medications would be committing a third-degree felony punishable by 10 years in prison and/or a $100,000 fine.

"This section does not authorize a woman to be charged with or convicted of a criminal offense in the death of her own unborn child," the bill reads. 

HB 1519 is still in the very beginning stages; it would still need to be passed by both the Florida House and Senate and signed by the governor in order to become law. 

Rep. Anna Eskamani (D-Orlando) called the bill "unhinged and extreme" and "devastating to women and abortion seekers not just in Florida but across the south."

RELATED: Abortion initiative gets enough signatures to make 2024 Florida ballot

RELATED: Supreme Court takes up first abortion case since overturning Roe v. Wade

What is Florida's current abortion law?

In April 2022, Gov. Ron DeSantis signed HB 5 into law, prohibiting abortions after 15 weeks, with exceptions if the procedure is necessary to save the pregnant woman’s life, prevent serious injury or if the fetus has a fatal abnormality. 

Violators could face up to five years in prison, according to the law. Physicians and other medical professionals could lose their licenses and face administrative fines of $10,000 for each violation.

The law went into effect in July 2022 and replaced the previous Florida law that allowed abortions up to 24 weeks.

The Florida Supreme Court is currently considering a lawsuit filed against the state by several abortion clinics over the 15-week ban.

The 15-week ban will remain in effect, and all other proposed abortion legislation (including the 6-week ban) will remain on hold until we get a ruling from the Florida Supreme Court

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