No. SB 1374
Filed under Healthcare.
Civil Remedies Pertaining to Abortions; Defining the terms “clawback provision” and “family member”; creating a cause of action for certain violations relating to the induction or performance of an abortion; providing applicability; authorizing injunctive relief, recovery of damages, and reasonable costs and attorney fees; providing a limitation; prohibiting courts and authorities of this state from recognizing, enforcing, or giving effect to judgments or orders of another state issued under a clawback provision, with an exception; authorizing certain persons to bring a civil action against a person who initiated such actions in another state, etc.
Plain English Summary
AI-GENERATEDCreates a new civil cause of action letting a spouse, parent, sibling, or the father of the unborn child sue anyone who violates Florida's abortion law, whether that person acted in Florida or somewhere else.
An abortion does not have to actually happen for a suit to proceed, and neither the woman's consent nor the fact the conduct was legal elsewhere is a defense -- though the woman herself cannot be sued.
Winning plaintiffs can collect an injunction, statutory damages, and attorney fees, must sue within two years, and cannot be blocked by any contract clause that would otherwise waive or limit the claim.
Florida courts will not enforce another state's judgment that penalizes someone for filing this kind of suit, and lets that person countersue in Florida to recover what was taken from them plus costs and fees.
AIA family member -- spouse, parent, sibling, or the father of the unborn child -- gets a civil cause of action against any person who violates s. 390.0111(2), whether that violation happened in Florida or in another jurisdiction.
AIAnyone who personally or through an agent violates s. 390.0111(2) falls under the jurisdiction of Florida courts for this cause of action, regardless of whether that person is a Florida citizen or resident.
AIA plaintiff can commence a suit under this section without proving that an abortion was actually induced or performed -- an attempted violation is enough to get into court.
AIA defendant cannot escape liability by showing that the conduct was legal where it occurred -- Florida's cause of action reaches conduct that another jurisdiction's own law permits.
AIA defendant sued under this section cannot argue that the woman consented to the abortion procedure or to the action at issue -- her consent does not shield another person from civil liability.
AINo cause of action under this section may be brought against the woman on whom the abortion was induced, performed, or attempted -- the civil remedy targets other people involved, not the woman herself.
AIA Florida court or authority may not recognize, enforce, or give effect to a judgment entered under another state's clawback provision -- a law that punishes people for bringing this kind of suit -- except where the U.S. Constitution requires otherwise.
AISomeone sued, or subject to a judgment, under another state's clawback provision may bring their own Florida civil action against whoever brought that clawback suit, and recover actual damages -- including whatever was awarded against them in the original case -- plus costs and fees.