Florida Senate - 2026 SB 1010
By Senator Yarborough
4-01353B-26 20261010__
1 A bill to be entitled
2 An act relating to enforcement of protections for
3 minors; amending s. 456.52, F.S.; providing criminal
4 penalties for health care practitioners who willfully
5 or actively aid or abet another in a violation of
6 specified provisions; amending s. 766.318, F.S.;
7 authorizing the Attorney General to conduct
8 investigations of alleged violations of a specified
9 provision and commence a civil action for damages,
10 injunctive relief, and civil penalties upon
11 determining a violation has occurred; providing that
12 damages recovered pursuant to certain civil actions
13 accrue to the benefit of the injured minor; creating
14 s. 1014.07, F.S.; creating a cause of action to
15 recover damages against certain public employees and
16 health care practitioners for violations of specified
17 provisions; authorizing the Attorney General to
18 conduct investigations of alleged violations of
19 specified provisions and commence a civil action for
20 damages, injunctive relief, and civil penalties upon
21 determining a violation has occurred; providing that
22 damages recovered pursuant to certain civil actions
23 accrue to the benefit of the injured minor; providing
24 that certain limitations on punitive damages do not
25 apply to such actions; specifying the timeframe within
26 which such actions may be commenced; providing
27 construction; reenacting s. 456.074(5)(c), F.S.,
28 relating to the immediate suspension of license of
29 certain health care practitioners, to incorporate the
30 amendment made to s. 456.52, F.S., in a reference
31 thereto; providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Paragraph (b) of subsection (5) of section
36 456.52, Florida Statutes, is amended to read:
37 456.52 Sex-reassignment prescriptions and procedures;
38 prohibitions; informed consent.—
39 (5)
40 (b) Any health care practitioner who willfully or actively
41 participates, or aids or abets another, in a violation of
42 subsection (1) commits a felony of the third degree, punishable
43 as provided in s. 775.082, s. 775.083, or s. 775.084.
44 Section 2. Section 766.318, Florida Statutes, is amended to
45 read:
46 766.318 Civil liability for provision of sex-reassignment
47 prescriptions or procedures to minors.—
48 (1) A cause of action exists to recover damages for
49 personal injury or death resulting from the provision of sex
50 reassignment prescriptions or procedures, as defined in s.
51 456.001, to a person younger than 18 years of age which are
52 prohibited by s. 456.52(1).
53 (2) The Attorney General may conduct investigations of
54 alleged violations of s. 456.52(1) and, if the Attorney General
55 determines that such a violation has occurred, may commence a
56 civil action under this section for damages, injunctive relief,
57 and civil penalties of up to $100,000 for each violation.
58 (3) Any damages recovered pursuant to a civil action
59 brought under this section will accrue to the benefit of the
60 injured minor.
61 (4)(2) The limitations on punitive damages in s. 768.73(1)
62 do not apply to actions brought under this section.
63 (5)(3) An action brought under this section:
64 (a) May be commenced within 20 years after the cessation or
65 completion of the sex-reassignment prescription or procedure.
66 (b) Is in addition to any other remedy authorized by law.
67 (6)(4) The cause of action created by this section does not
68 apply to:
69 (a) Treatment with sex-reassignment prescriptions if such
70 treatment is consistent with s. 456.001(9)(a)1. or 2. and was
71 commenced on or before, and is still active on, May 17, 2023.
72 (b) Sex-reassignment prescriptions or procedures that were
73 ceased or completed on or before May 17, 2023.
74 Section 3. Section 1014.07, Florida Statutes, is created to
75 read:
76 1014.07 Civil liability.—
77 (1) A cause of action exists against an employee of the
78 state, any of its political subdivisions, or any other
79 governmental entity who violates any of the parental rights
80 specified in s. 1014.04 or against a health care practitioner
81 who provides, or solicits or arranges to provide, health care
82 services or prescribes medicinal drugs to a minor child without
83 parental consent in violation of s. 1014.06.
84 (2) The Attorney General may conduct investigations of
85 alleged violations of s. 1014.04 or s. 1014.06 and, if the
86 Attorney General determines that such a violation has occurred,
87 may commence a civil action under this section for damages,
88 injunctive relief, and civil penalties of up to $100,000 for
89 each violation.
90 (3) Any damages recovered pursuant to a civil action
91 brought under this section will accrue to the benefit of the
92 affected minor.
93 (4) The limitations on punitive damages in s. 768.73(1) do
94 not apply to actions brought under this section.
95 (5) An action brought under this section:
96 (a) May be commenced within 2 years after the violation
97 occurs.
98 (b) Is in addition to any other remedy authorized by law.
99 Section 4. For the purpose of incorporating the amendment
100 made by this act to section 456.52, Florida Statutes, in a
101 reference thereto, paragraph (c) of subsection (5) of section
102 456.074, Florida Statutes, is reenacted to read:
103 456.074 Certain health care practitioners; immediate
104 suspension of license.—
105 (5) The department shall issue an emergency order
106 suspending the license of any health care practitioner who is
107 arrested for committing or attempting, soliciting, or conspiring
108 to commit any act that would constitute a violation of any of
109 the following criminal offenses in this state or similar
110 offenses in another jurisdiction:
111 (c) Section 456.52(5)(b), relating to prescribing,
112 administering, or performing sex-reassignment prescriptions or
113 procedures for a patient younger than 18 years of age.
114 Section 5. This act shall take effect July 1, 2026.