CS for SB 254                                    First Engrossed
       
       
       
       
       
       
       
       
       2023254e1
       
    1                        A bill to be entitled                      
    2         An act relating to treatments for sex reassignment;
    3         amending s. 61.517, F.S.; granting courts of this
    4         state temporary emergency jurisdiction over a child
    5         present in this state if the child has been subjected
    6         to or is threatened with being subjected to sex
    7         reassignment prescriptions or procedures; amending s.
    8         61.534, F.S.; providing that, for purposes of warrants
    9         to take physical custody of a child in certain child
   10         custody enforcement proceedings, serious physical harm
   11         to the child includes, but is not limited to, being
   12         subjected to sex-reassignment prescriptions or
   13         procedures; creating s. 286.31, F.S.; defining the
   14         term “governmental entity”; prohibiting certain public
   15         entities from expending state funds for the provision
   16         of sex-reassignment prescriptions or procedures;
   17         amending s. 395.003, F.S.; requiring certain licensed
   18         facilities, by a specified date and as a condition of
   19         licensure thereafter, to provide a signed attestation
   20         of specified information to the Agency for Health Care
   21         Administration; requiring the agency to revoke a
   22         facility’s license for failure to provide such
   23         attestation, subject to the due process procedures of
   24         ch. 120, F.S.; amending s. 456.001, F.S.; defining the
   25         terms “sex” and “sex-reassignment prescriptions or
   26         procedures”; creating s. 456.52, F.S.; prohibiting
   27         sex-reassignment prescriptions and procedures for
   28         patients younger than 18 years of age; providing an
   29         exception; requiring the Board of Medicine and the
   30         Board of Osteopathic Medicine to adopt certain
   31         emergency rules within a specified timeframe;
   32         requiring that such prescriptions and procedures for
   33         patients older than 18 years of age be prescribed,
   34         administered, or performed only with the voluntary and
   35         informed consent of the patient; providing criteria
   36         for what constitutes voluntary and informed consent;
   37         providing that only a physician may prescribe,
   38         administer, or perform such prescriptions and
   39         procedures; defining the term “physician”; providing
   40         applicability; providing for disciplinary action;
   41         providing criminal penalties; requiring the Board of
   42         Medicine and the Board of Osteopathic Medicine to
   43         adopt certain emergency rules; providing that such
   44         emergency rules remain in effect until they are
   45         replaced by nonemergency rules; amending s. 456.074,
   46         F.S.; requiring the department to immediately suspend
   47         the license of a health care practitioner who is
   48         arrested for committing or attempting, soliciting, or
   49         conspiring to commit specified violations related to
   50         sex-reassignment prescriptions or procedures for a
   51         patient younger than 18 years of age; amending ss.
   52         458.328 and 459.0138, F.S.; requiring registered
   53         physicians’ offices to provide a signed attestation of
   54         specified information to the department by a specified
   55         date; beginning on a specified date, requiring
   56         physicians’ offices seeking such registration to
   57         provide the signed attestation as a condition of
   58         registration; providing grounds for disciplinary
   59         action; creating s. 766.318, F.S.; creating a cause of
   60         action to recover damages for personal injury or death
   61         resulting from the provision of sex-reassignment
   62         prescriptions or procedures to a minor; providing that
   63         certain limitations on punitive damages do not apply
   64         to such actions; specifying the timeframe within which
   65         such actions may be commenced; providing construction
   66         and applicability; providing severability; providing a
   67         directive to the Division of Law Revision; providing
   68         an effective date.
   69          
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. Subsection (1) of section 61.517, Florida
   73  Statutes, is amended to read:
   74         61.517 Temporary emergency jurisdiction.—
   75         (1) A court of this state has temporary emergency
   76  jurisdiction if the child is present in this state and:
   77         (a) The child has been abandoned; or
   78         (b) It is necessary in an emergency to protect the child
   79  because the child, or a sibling or parent of the child, is
   80  subjected to or threatened with mistreatment or abuse; or
   81         (c) It is necessary in an emergency to protect the child
   82  because the child has been subjected to or is threatened with
   83  being subjected to sex-reassignment prescriptions or procedures,
   84  as defined in s. 456.001.
   85         Section 2. Subsection (1) of section 61.534, Florida
   86  Statutes, is amended to read:
   87         61.534 Warrant to take physical custody of child.—
   88         (1) Upon the filing of a petition seeking enforcement of a
   89  child custody determination, the petitioner may file a verified
   90  application for the issuance of a warrant to take physical
   91  custody of the child if the child is likely to imminently suffer
   92  serious physical harm or removal from this state. Serious
   93  physical harm includes, but is not limited to, being subjected
   94  to sex-reassignment prescriptions or procedures as defined in s.
   95  456.001.
   96         Section 3. Section 286.31, Florida Statutes, is created to
   97  read:
   98         286.31Prohibited use of state funds.—
   99         (1)As used in this section, the term “governmental entity”
  100  means the state or any political subdivision thereof, including
  101  the executive, legislative, and judicial branches of government;
  102  the independent establishments of the state, counties,
  103  municipalities, districts, authorities, boards, or commissions;
  104  and any agencies that are subject to chapter 286.
  105         (2) A governmental entity, a public postsecondary
  106  educational institution as described in s. 1000.04, the state
  107  group health insurance program, a managing entity as defined in
  108  s. 394.9082, or a managed care plan providing services under
  109  part IV of chapter 409 may not expend state funds as described
  110  in s. 215.31 for sex-reassignment prescriptions or procedures as
  111  defined in s. 456.001.
  112         Section 4. Present subsections (6) through (10) of section
  113  395.003, Florida Statutes, are redesignated as subsections (7)
  114  through (11), respectively, a new subsection (6) is added to
  115  that section, and present subsections (9) and (10) of that
  116  section are amended, to read:
  117         395.003 Licensure; denial, suspension, and revocation.—
  118         (6) By July 1, 2023, each licensed facility must provide a
  119  signed attestation to the agency stating that the facility does
  120  not offer or provide sex-reassignment prescriptions or
  121  procedures, as defined in s. 456.001, to patients younger than
  122  18 years of age, unless authorized under s. 456.52(1)(b), and
  123  does not refer such patients to other providers for such
  124  services. Beginning July 1, 2023, each licensed facility shall
  125  provide the signed attestation to the agency upon initial
  126  licensure and as a requirement for each licensure renewal. Under
  127  the due process requirements provided in chapter 120, the agency
  128  must revoke the license of any licensed facility that fails to
  129  provide the attestation required by this subsection.
  130         (10)(9) A hospital licensed as of June 1, 2004, shall be
  131  exempt from subsection (9) (8) as long as the hospital maintains
  132  the same ownership, facility street address, and range of
  133  services that were in existence on June 1, 2004. Any transfer of
  134  beds, or other agreements that result in the establishment of a
  135  hospital or hospital services within the intent of this section,
  136  shall be subject to subsection (9) (8). Unless the hospital is
  137  otherwise exempt under subsection (9) (8), the agency shall deny
  138  or revoke the license of a hospital that violates any of the
  139  criteria set forth in that subsection.
  140         (11)(10) The agency may adopt rules implementing the
  141  licensure requirements set forth in subsection (9) (8). Within
  142  14 days after rendering its decision on a license application or
  143  revocation, the agency shall publish its proposed decision in
  144  the Florida Administrative Register. Within 21 days after
  145  publication of the agency’s decision, any authorized person may
  146  file a request for an administrative hearing. In administrative
  147  proceedings challenging the approval, denial, or revocation of a
  148  license pursuant to subsection (9) (8), the hearing must be
  149  based on the facts and law existing at the time of the agency’s
  150  proposed agency action. Existing hospitals may initiate or
  151  intervene in an administrative hearing to approve, deny, or
  152  revoke licensure under subsection (9) (8) based upon a showing
  153  that an established program will be substantially affected by
  154  the issuance or renewal of a license to a hospital within the
  155  same district or service area.
  156         Section 5. Subsections (8) and (9) are added to section
  157  456.001, Florida Statutes, to read:
  158         456.001 Definitions.—As used in this chapter, the term:
  159         (8) “Sex” means the classification of a person as either
  160  male or female based on the organization of the human body of
  161  such person for a specific reproductive role, as indicated by
  162  the person’s sex chromosomes, naturally occurring sex hormones,
  163  and internal and external genitalia present at birth.
  164         (9)(a)“Sex-reassignment prescriptions or procedures”
  165  means:
  166         1.The prescription or administration of puberty blockers
  167  for the purpose of attempting to stop or delay normal puberty in
  168  order to affirm a person’s perception of his or her sex if that
  169  perception is inconsistent with the person’s sex as defined in
  170  subsection (8).
  171         2.The prescription or administration of hormones or
  172  hormone antagonists to affirm a person’s perception of his or
  173  her sex if that perception is inconsistent with the person’s sex
  174  as defined in subsection (8).
  175         3.Any medical procedure, including a surgical procedure,
  176  to affirm a person’s perception of his or her sex if that
  177  perception is inconsistent with the person’s sex as defined in
  178  subsection (8).
  179         (b)The term does not include:
  180         1.Treatment provided by a physician who, in his or her
  181  good faith clinical judgment, performs procedures upon or
  182  provides therapies to a minor born with a medically verifiable
  183  genetic disorder of sexual development, including any of the
  184  following:
  185         a. External biological sex characteristics that are
  186  unresolvably ambiguous.
  187         b. A disorder of sexual development in which the physician
  188  has determined through genetic or biochemical testing that the
  189  patient does not have a normal sex chromosome structure, sex
  190  steroid hormone production, or sex steroid hormone action for a
  191  male or female, as applicable.
  192         2.Prescriptions or procedures to treat an infection, an
  193  injury, a disease, or a disorder that has been caused or
  194  exacerbated by the performance of any sex-reassignment
  195  prescription or procedure, regardless of whether such
  196  prescription or procedure was performed in accordance with state
  197  or federal law.
  198         3.Prescriptions or procedures provided to a patient for
  199  the treatment of a physical disorder, physical injury, or
  200  physical illness that would, as certified by a physician
  201  licensed under chapter 458 or chapter 459, place the individual
  202  in imminent danger of death or impairment of a major bodily
  203  function without the prescription or procedure.
  204         Section 6. Section 456.52, Florida Statutes, is created to
  205  read:
  206         456.52 Sex-reassignment prescriptions and procedures;
  207  prohibitions; informed consent.
  208         (1) Sex-reassignment prescriptions and procedures are
  209  prohibited for patients younger than 18 years of age, except
  210  that:
  211         (a)The Board of Medicine and the Board of Osteopathic
  212  Medicine shall, within 60 days after the effective date of this
  213  act, adopt emergency rules pertaining to standards of practice
  214  under which a patient younger than 18 years of age may continue
  215  to be treated with a prescription consistent with those
  216  referenced under s. 456.001(9)(a)1. or 2. if such treatment for
  217  sex reassignment was commenced before, and is still active on,
  218  the effective date of this act.
  219         (b) A patient meeting the criteria of paragraph (a) may
  220  continue to be treated by a physician with such prescriptions
  221  according to rules adopted under paragraph (a) or nonemergency
  222  rules adopted under paragraph (6)(b).
  223         (2) If sex-reassignment prescriptions or procedures are
  224  prescribed for or administered or performed on patients 18 years
  225  of age or older, consent must be voluntary, informed, and in
  226  writing on forms adopted in rule by the Board of Medicine and
  227  the Board of Osteopathic Medicine. Consent to sex-reassignment
  228  prescriptions or procedures is voluntary and informed only if
  229  the physician who is to prescribe or administer the
  230  pharmaceutical product or perform the procedure has, at a
  231  minimum, while physically present in the same room:
  232         (a) Informed the patient of the nature and risks of the
  233  prescription or procedure in order for the patient to make a
  234  prudent decision;
  235         (b) Provided the informed consent form, as adopted in rule
  236  by the Board of Medicine and the Board of Osteopathic Medicine,
  237  to the patient; and
  238         (c) Received the patient’s written acknowledgment, before
  239  the prescription or procedure is prescribed, administered, or
  240  performed, that the information required to be provided under
  241  this subsection has been provided.
  242         (3) Sex-reassignment prescriptions or procedures may not be
  243  prescribed, administered, or performed except by a physician.
  244  For the purposes of this section, the term “physician” is
  245  defined as a physician licensed under chapter 458 or chapter 459
  246  or a physician practicing medicine or osteopathic medicine in
  247  the employment of the Federal Government.
  248         (4) Consent required under subsection (2) does not apply to
  249  renewals of prescriptions consistent with those referenced under
  250  s. 456.001(9)(a)1. and 2. if a physician and his or her patient
  251  have met the requirements for consent for the initial
  252  prescription or renewal. However, separate consent is required
  253  for any new prescription for a pharmaceutical product not
  254  previously prescribed to the patient.
  255         (5)(a) Violation of this section constitutes grounds for
  256  disciplinary action under this chapter and chapter 458 or
  257  chapter 459, as applicable.
  258         (b) Any health care practitioner who willfully or actively
  259  participates in a violation of subsection (1) commits a felony
  260  of the third degree, punishable as provided in s. 775.082, s.
  261  775.083, or s. 775.084.
  262         (c) Any health care practitioner who violates subsection
  263  (2), subsection (3), or subsection (4) commits a misdemeanor of
  264  the first degree, punishable as provided in s. 775.082 or s.
  265  775.083.
  266         (6)(a) The Board of Medicine and the Board of Osteopathic
  267  Medicine shall adopt emergency rules to implement this section.
  268         (b)Any emergency rules adopted under this section are
  269  exempt from s. 120.54(4)(c) and shall remain in effect until
  270  replaced by rules adopted under the nonemergency rulemaking
  271  procedures of the Administrative Procedure Act.
  272         Section 7. Present paragraphs (c) through (gg) of
  273  subsection (5) of section 456.074, Florida Statutes, are
  274  redesignated as paragraphs (d) through (hh), respectively, and a
  275  new paragraph (c) is added to that subsection, to read:
  276         456.074 Certain health care practitioners; immediate
  277  suspension of license.—
  278         (5) The department shall issue an emergency order
  279  suspending the license of any health care practitioner who is
  280  arrested for committing or attempting, soliciting, or conspiring
  281  to commit any act that would constitute a violation of any of
  282  the following criminal offenses in this state or similar
  283  offenses in another jurisdiction:
  284         (c) Section 456.52(5)(b), relating to prescribing,
  285  administering, or performing sex-reassignment prescriptions or
  286  procedures for a patient younger than 18 years of age.
  287         Section 8. Paragraph (c) of subsection (1) of section
  288  458.328, Florida Statutes, is amended to read:
  289         458.328 Office surgeries.—
  290         (1) REGISTRATION.—
  291         (c) Each of the following is As a condition of
  292  registration:,
  293         1.An each office must establish financial responsibility
  294  by demonstrating that it has met and continues to maintain, at a
  295  minimum, the same requirements applicable to physicians in ss.
  296  458.320 and 459.0085.
  297         2. Each physician practicing at an office registered under
  298  this section or s. 459.0138 must meet the financial
  299  responsibility requirements under s. 458.320 or s. 459.0085, as
  300  applicable.
  301         3.By July 1, 2023, each office registered under this
  302  section must provide a signed attestation to the department
  303  stating that the office does not offer or provide sex
  304  reassignment prescriptions or procedures, as defined in s.
  305  456.001, to patients younger than 18 years of age, unless
  306  authorized under s. 456.52(1)(b), and does not refer such
  307  patients to other providers for such services. Beginning July 1,
  308  2023, any office seeking registration must provide such signed
  309  attestation to the department. An office’s failure to provide
  310  the signed attestation is grounds for denial of registration or
  311  the suspension or revocation of registration under paragraph
  312  (f).
  313         Section 9. Paragraph (c) of subsection (1) of section
  314  459.0138, Florida Statutes, is amended to read:
  315         459.0138 Office surgeries.—
  316         (1) REGISTRATION.—
  317         (c) Each of the following is As a condition of
  318  registration:,
  319         1.An each office must establish financial responsibility
  320  by demonstrating that it has met and continues to maintain, at a
  321  minimum, the same requirements applicable to physicians in ss.
  322  458.320 and 459.0085.
  323         2. Each physician practicing at an office registered under
  324  this section or s. 458.328 must meet the financial
  325  responsibility requirements under s. 458.320 or s. 459.0085, as
  326  applicable.
  327         3.By July 1, 2023, each office registered under this
  328  section must provide a signed attestation to the department
  329  stating that the office does not offer or provide sex
  330  reassignment prescriptions or procedures, as defined in s.
  331  456.001, to patients younger than 18 years of age, unless
  332  authorized under s. 456.52(1)(b), and does not refer such
  333  patients to other providers for such services. Beginning July 1,
  334  2023, any office seeking registration must provide such signed
  335  attestation to the department. An office’s failure to provide
  336  the signed attestation is grounds for denial of registration or
  337  the suspension or revocation of registration under paragraph
  338  (f).
  339         Section 10. Section 766.318, Florida Statutes, is created
  340  to read:
  341         766.318 Civil liability for provision of sex-reassignment
  342  prescriptions or procedures to minors.—
  343         (1) A cause of action exists to recover damages for
  344  personal injury or death resulting from the provision of sex
  345  reassignment prescriptions or procedures, as defined in s.
  346  456.001, to a person younger than 18 years of age which are
  347  prohibited by s. 456.52(1).
  348         (2) The limitations on punitive damages in s. 768.73(1) do
  349  not apply to actions brought under this section.
  350         (3) An action brought under this section:
  351         (a) May be commenced within 20 years after the cessation or
  352  completion of the sex-reassignment prescription or procedure.
  353         (b) Is in addition to any other remedy authorized by law.
  354         (4) The cause of action created by this section does not
  355  apply to:
  356         (a) Treatment with sex-reassignment prescriptions if such
  357  treatment is consistent with s. 456.001(9)(a)1. or 2. and was
  358  commenced on or before, and is still active on, the effective
  359  date of this act.
  360         (b) Sex-reassignment prescriptions or procedures that were
  361  ceased or completed on or before the effective date of this act.
  362         Section 11. If any provision of this act or its application
  363  to any person or circumstance is held invalid, the invalidity
  364  does not affect other provisions or applications of this act
  365  which can be given effect without the invalid provision or
  366  application, and to this end the provisions of this act are
  367  severable.
  368         Section 12. The Division of Law Revision is directed to
  369  replace the phrase “the effective date of this act” wherever it
  370  occurs in this act with the date this act becomes a law.
  371         Section 13. This act shall take effect upon becoming a law.