No. HB 663
Filed under Healthcare.
Civil Remedies Pertaining to Abortions; Defines "clawback provision" & "family member"; creates cause of action for certain violations relating to induction or performance of abortion; provides applicability; authorizes injunctive relief, recovery of damages, & reasonable costs & attorney fees; provides limitation; creates separate cause of action against person who has initiated certain foreign state proceedings; provides that court may protect privacy of certain persons.
Plain English Summary
AI-GENERATEDA spouse, parent, sibling, or the father of the unborn child can now sue anyone who violates Florida's abortion law, whether the violation happened in Florida or elsewhere.
Winning plaintiffs can collect $100,000 in statutory damages, an injunction, and their attorney fees and costs, and neither the woman's consent nor legality under another jurisdiction's law is a defense.
Out-of-state residents fall under Florida court jurisdiction if they violate the law personally or through an agent, and suits can proceed even without an abortion actually occurring.
Florida courts will not honor another state's judgment against someone sued there for helping enforce this law, and that person can countersue here for damages up to $100,000.
AIA spouse, parent, sibling, or the father of the unborn child gains a civil cause of action against anyone who violates the state's existing abortion restriction, whether the violation happened in Florida or another jurisdiction.
AIA suit under this section may proceed even though the woman consented to the procedure, or the conduct was legal under the law of the state or country where it occurred.
AIAnyone who violates the abortion law personally or through an agent falls under Florida court jurisdiction for this cause of action, regardless of whether they live in or are a citizen of the state.
AIA prevailing plaintiff can recover an injunction, statutory damages of $100,000, and reasonable costs and attorney fees, and has two years from accrual to bring the claim.
AIFlorida courts may not recognize, enforce, or give effect to a judgment entered under another state's clawback (shield) law, except where the U.S. Constitution requires it.
AIAnyone sued or held liable under another state's clawback provision can sue back the person who brought or enforced that action, recovering actual damages or statutory damages up to a $100,000 total.