THE BILL ITSELF
HB 663
Civil Remedies Pertaining to Abortions
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A bill to be entitled
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An act relating to civil remedies pertaining to
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abortions; creating s. 390.111, F.S.; defining the
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terms "clawback provision" and "family member";
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creating a cause of action for certain violations
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relating to the induction or performance of an
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abortion; providing applicability; authorizing
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injunctive relief, recovery of damages, and reasonable
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costs and attorney fees; providing a limitation;
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creating a separate cause of action against a person
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who has initiated certain foreign state proceedings;
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providing that a court may protect the privacy of
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certain persons; providing construction; providing
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severability; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 390.111, Florida Statutes, is created
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to read:
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390.111 Civil remedies for abortion.—
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(1) DEFINITIONS.—As used in this section, the term:
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(a) "Clawback provision" means a law of another state
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authorizing a civil action or penalty against a person for
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bringing, attempting to bring, assisting, or providing legal
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representation in an action authorized by this section.
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(b) "Family member" means the spouse, parent, or sibling
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of a woman upon whom an abortion was induced or performed, or
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upon whom an abortion was attempted to be induced or performed.
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The term also includes the father of the unborn child.
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(2) CAUSE OF ACTION.—
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(a) A family member has a civil cause of action against
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any person who violates s. 390.0111(2) whether the violation
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originates in this state or another jurisdiction.
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(b) A person, whether or not a citizen or resident of this
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state, who personally or through an agent violates s.
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390.0111(2), is under the jurisdiction of the courts of this
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state for purposes of the causes of action in this subsection
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and subsection (5).
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(c) Notwithstanding any contractual provision to the
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contrary, general law applies to any action brought under this
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section.
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(d) The actual inducement or performance of an abortion is
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not required to commence an action authorized by this section.
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(e) It is not a defense to a suit brought under this
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section that:
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1. The woman upon whom the abortion was induced or
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performed, or upon whom the abortion was attempted to be induced
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or performed, consented to any procedure or action.
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2. The law of a foreign state or foreign country permits
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the action that forms the basis for the suit.
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(f) Notwithstanding any other provision in this section, a
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cause of action may not be commenced under this section against
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a woman upon whom an abortion was induced or performed, or upon
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whom an abortion was attempted to be induced or performed.
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(3) DAMAGES.—A court may enter a judgment awarding the
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prevailing plaintiff:
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(a) Injunctive relief.
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(b) Statutory damages of $100,000.
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(c) Reasonable costs and attorney fees.
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(4) LIMITATIONS PERIOD.—An action brought under subsection
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(2) must be commenced within 2 years after the cause of action
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accrues.
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(5) CLAWBACK PROVISIONS.—
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(a) A court or authority of this state may not recognize,
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enforce, or give effect to a judgment or order issued under a
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clawback provision, except to the extent required by the United
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States Constitution.
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(b)1. A person against whom an action is brought or a
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judgment is entered under a clawback provision may bring a civil
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action against any person who brought such action, obtained such
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judgment, or sought to enforce such judgment, and a court may
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enter a judgment awarding the person against whom the clawback
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action was brought:
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a. Injunctive relief.
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b. Actual damages, which includes any amount awarded in an
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action based on a clawback provision.
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c. Reasonable costs and attorney fees incurred in bringing
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such action, or incurred in defending or responding to the
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action based on the clawback provision.
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In the event that actual damages are not awarded or actual
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damages total less than $100,000, the court may award statutory
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damages in an amount sufficient to result in a total award of up
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to $100,000.
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2. It is not a defense to an action brought under this
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paragraph that the plaintiff failed to seek relief in the
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clawback proceeding or that a court in another jurisdiction did
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not grant relief.
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(6) PROTECTION OF PRIVACY IN COURT PROCEEDINGS.—In each
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civil action brought under this section, the court may require
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all pleadings, orders, and other formal documents to be styled
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in a manner to protect the name of the woman upon whom an
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abortion was induced or performed, or upon whom an abortion was
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attempted to be induced or performed, from public disclosure.
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(7) CONSTRUCTION.—This section shall be liberally
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construed to effectuate its remedial purposes.
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Section 2. If any provision of this act or its application
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to any person or circumstance is held invalid, the invalidity
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does not affect other provisions or applications of the act
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which can be given effect without the invalid provision or
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application, and to this end the provisions of this act are
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severable.
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Section 3. This act shall take effect July 1, 2026.