TALLAHASSEE, Fla. (WFLA) — Hours after Florida’s strictest abortion ban cleared the legislature, it got the governor’s signature.

Despite this, the six-week ban won’t go into effect as the states previous ban faces hurdles in Florida’s Supreme Court.

On Friday morning, Democrats denounced the late night signing.

“It was quite a shock to wake up to this morning,” said State Sen. Lauren Book.

“I was very surprised that Governor DeSantis signed the six week abortion ban last night, first of all, because it’s such an extreme and unpopular ban. And then second of all, because of the way that he did it, usually he signs his bills with a lot of fanfare and he wants the attention and wants to draw the crowd,” State Rep. Fentrice Driskell said.

The “Heartbeat Protection Act” reduces Florida’s 15-week abortion ban to six weeks and includes exceptions for rape incest and human trafficking up to 15 weeks. Plus fatal fetal conditions beyond that.

The fate of this six-week ban is in the hands of the state’s Supreme Court. The justices’ decision hinges on whether abortion rights are protected under a privacy clause in Florida’s constitution.

“This is the law of the land until the Florida Supreme Court rules and I think that’s really important for people to know across the state of Florida,” State Sen. Lauren Book said.

The six-week ban would only take effect if the Florida Supreme Court upholds the 15-week ban.

However, if the justices decide the privacy clause does not apply to abortion rights the six-week ban would go into effect 30 days after that ruling.

“The Florida Supreme court moves at its own pace, it doesn’t need to explain that to anybody,” Attorney Richard Harrison said. “I think in the end they’re going to uphold the 15-week ban.”

Attorney’s for the case have a May 1 deadline to file briefs. Beyond that, it could be months before there is any movement on the case.