The proposed amendment would amend the state constitution to declare that “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”, according to the ballot proposal’s summary.

Viability, or the point at which a fetus can survive outside the womb, is typically pegged at around 24 weeks of pregnancy.

Under Roe v Wade, which the US supreme court overturned in 2022, states were broadly banned from prohibiting abortion before viability.

Florida is one of roughly a dozen states that may give voters a chance to decide on an abortion-related ballot measure in November.

Ashley Moody, the Republican attorney general, has filed a legal brief asking the Florida supreme court to block the amendment, arguing, in part, that the term “viability” can have too many meanings.

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