Read the full stored bill text
Florida Senate
-
2026
SB 1374
By
Senator Martin
33-00994A-26 20261374__
1 A bill to be entitled
2 An act relating to civil remedies pertaining to
3 abortions; creating s. 390.111, F.S.; defining the
4 terms “clawback provision” and “family member”;
5 creating a cause of action for certain violations
6 relating to the induction or performance of an
7 abortion; providing applicability; authorizing
8 injunctive relief, recovery of damages, and reasonable
9 costs and attorney fees; providing a limitation;
10 prohibiting courts and authorities of this state from
11 recognizing, enforcing, or giving effect to judgments
12 or orders of another state issued under a clawback
13 provision, with an exception; authorizing certain
14 persons to bring a civil action against a person who
15 initiated such actions in another state; providing
16 injunctive relief, recovery of damages, and reasonable
17 costs and attorney fees; providing that certain
18 actions or outcomes in the out-of-state proceedings
19 are not a defense in such actions; providing that a
20 court may protect the privacy of certain persons;
21 providing construction; providing severability;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 390.111, Florida Statutes, is created to
27 read:
28
390.111
Civil remedies for abortion.—
29
(1)
DEFINITIONS.—As used in this section, the term:
30
(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.
34
(b)
“Family member” means the spouse, parent, or sibling of
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a woman upon whom an abortion was induced or performed, or upon
36
whom an abortion was attempted to be induced or performed. The
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term also includes the father of the unborn child.
38
(2)
CAUSE OF ACTION.—
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(a)
A family member has a civil cause of action against any
40
person who violates s. 390.0111(2) whether the violation
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originates in this state or another jurisdiction.
42
(b)
A person, regardless of whether a citizen or resident
43
of this 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
45
state for the causes of action in this subsection and subsection
46
(5).
47
(c)
Notwithstanding any contractual provision to the
48
contrary, general law applies to any action brought under this
49
section.
50
(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
53
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.
63
(3)
DAMAGES.—A court may enter a judgment awarding the
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prevailing plaintiff any of the following:
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(a)
Injunctive relief.
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(b)
Statutory damages.
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(c)
Reasonable costs and attorney fees.
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(4)
LIMITATIONS PERIOD.—An action brought under subsection
69
(2) must be commenced within 2 years after the cause of action
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accrues.
71
(5)
CLAWBACK PROVISIONS.—
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(a)
A court or an authority of this state may not
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recognize, enforce, or give effect to a judgment or an order
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issued under a clawback provision, except to the extent required
75
by the United States Constitution.
76
(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 any of the following:
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a.
Injunctive relief.
83
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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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
97
attempted to be induced or performed, from public disclosure.
98
(7)
CONSTRUCTION.—This section shall be liberally construed
99
to effectuate its remedial purposes.
100 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
103
which can be given effect without the invalid provision or
104
application, and to this end the provisions of this act are
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severable.
106 Section 3. This act shall take effect July 1, 2026.