Florida HB 663: Cottage Food Operations

Bill Text

HB 663 2026

CODING: Words stricken are deletions; words underlined are additions.
hb663-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to civil remedies pertaining to 2
abortions; creating s. 390.111, F.S.; defining the 3
terms "clawback provision" and "family member"; 4
creating a cause of action for certain violations 5
relating to the induction or performance of an 6
abortion; providing applicability; authorizing 7
injunctive relief, recovery of damages, and reasonable 8
costs and attorney fees; providing a limitation; 9
creating a separate cause of action against a person 10
who has initiated certain foreign state proceedings; 11
providing that a court may protect the privacy of 12
certain persons; providing construction; providing 13
severability; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Section 390.111, Florida Statutes, is created 18
to read: 19
390.111 Civil remedies for abortion.— 20
(1) DEFINITIONS.—As used in this section, the term: 21
(a) "Clawback provision" means a law of another state 22
authorizing a civil action or penalty against a person for 23
bringing, attempting to bring, assisting, or providing legal 24
representation in an action authorized by this section. 25

HB 663 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(b) "Family member" means the spouse, parent, or sibling 26
of a woman upon whom an abortion was induced or performed, or 27
upon whom an abortion was attempted to be induced or performed. 28
The term also includes the father of the unborn child. 29
(2) CAUSE OF ACTION.— 30
(a) A family member has a civil cause of action against 31
any person who violates s. 390.0111(2) whether the violation 32
originates in this state or another jurisdiction. 33
(b) A person, whether or not a citizen or resident of this 34
state, who personally or through an agent violates s. 35
390.0111(2), is under the jurisdiction of the courts of this 36
state for purposes of the causes of action in this subsection 37
and subsection (5). 38
(c) Notwithstanding any contractual provision to the 39
contrary, general law applies to any action brought under this 40
section. 41
(d) The actual inducement or performance of an abortion is 42
not required to commence an action authorized by this section. 43
(e) It is not a defense to a suit brought under this 44
section that: 45
1. The woman upon whom the abortion was induced or 46
performed, or upon whom the abortion was attempted to be induced 47
or performed, consented to any procedure or action. 48
2. The law of a foreign state or foreign country permits 49
the action that forms the basis for the suit. 50

HB 663 2026

CODING: Words stricken are deletions; words underlined are additions.
hb663-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(f) Notwithstanding any other provision in this section, a 51
cause of action may not be commenced under this section against 52
a woman upon whom an abortion was induced or performed, or upon 53
whom an abortion was attempted to be induced or performed. 54
(3) DAMAGES.—A court may enter a judgment awarding the 55
prevailing plaintiff: 56
(a) Injunctive relief. 57
(b) Statutory damages of $100,000. 58
(c) Reasonable costs and attorney fees. 59
(4) LIMITATIONS PERIOD.—An action brought under subsection 60
(2) must be commenced within 2 years after the cause of action 61
accrues. 62
(5) CLAWBACK PROVISIONS.— 63
(a) A court or authority of this state may not recognize, 64
enforce, or give effect to a judgment or order issued under a 65
clawback provision, except to the extent required by the United 66
States Constitution. 67
(b)1. A person against whom an action is brought or a 68
judgment is entered under a clawback provision may bring a civil 69
action against any person who brought such action, obtained such 70
judgment, or sought to enforce such judgment, and a court may 71
enter a judgment awarding the person against whom the clawback 72
action was brought: 73
a. Injunctive relief. 74
b. Actual damages, which includes any amount awarded in an 75

HB 663 2026

CODING: Words stricken are deletions; words underlined are additions.
hb663-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

action based on a clawback provision. 76
c. Reasonable costs and attorney fees incurred in bringing 77
such action, or incurred in defending or responding to the 78
action based on the clawback provision. 79
80
In the event that actual damages are not awarded or actual 81
damages total less than $100,000, the court may award statutory 82
damages in an amount sufficient to result in a total award of up 83
to $100,000. 84
2. It is not a defense to an action brought under this 85
paragraph that the plaintiff failed to seek relief in the 86
clawback proce