Florida SB 1374: Civil Remedies Pertaining to Abortions

Bill Text

1374 
Civil Remedies Pertaining to Abortions 
2026-01-07T10:06:20Z 
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. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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 
 31 authorizing a civil action or penalty against a person for 
 32 bringing, attempting to bring, assisting, or providing legal 
 33 representation in an action authorized by this section. 
 34 (b) “Family member” means the spouse, parent, or sibling of 
 35 a woman upon whom an abortion was induced or performed, or upon 
 36 whom an abortion was attempted to be induced or performed. The 
 37 term also includes the father of the unborn child. 
 38 (2) CAUSE OF ACTION.— 
 39 (a) A family member has a civil cause of action against any 
 40 person who violates s. 390.0111(2) whether the violation 
 41 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. 
 44 390.0111(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 
 51 not required to commence an action authorized by this section. 
 52 (e) It is not a defense to a suit brought under this 
 53 section that: 
 54 1. The woman upon whom the abortion was induced or 
 55 performed, or upon whom the abortion was attempted to be induced 
 56 or performed, consented to any procedure or action. 
 57 2. The law of a foreign state or foreign country permits 
 58 the action that forms the basis for the suit. 
 59 (f) Notwithstanding any other provision in this section, a 
 60 cause of action may not be commenced under this section against 
 61 a woman upon whom an abortion was induced or performed, or upon 
 62 whom an abortion was attempted to be induced or performed. 
 63 (3) DAMAGES.—A court may enter a judgment awarding the 
 64 prevailing plaintiff any of the following: 
 65 (a) Injunctive relief. 
 66 (b) Statutory damages. 
 67 (c) Reasonable costs and attorney fees. 
 68 (4) LIMITATIONS PERIOD.—An action brought under subsection 
 69 (2) must be commenced within 2 years after the cause of action 
 70 accrues. 
 71 (5) CLAWBACK PROVISIONS.— 
 72 (a) A court or an authority of this state may not 
 73 recognize, enforce, or give effect to a judgment or an order 
 74 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 
 77 judgment is entered under a clawback provision may bring a civil 
 78 action against any person who brought such action, obtained such 
 79 judgment, or sough