Trans Legislation Tracker

Florida

We are tracking 12 anti-trans bills in Florida in 2024. The legislation impacts 7 categories:

EMPLOYMENT

OTHER

CIVIL RIGHTS

EDUCATION

INCARCERATION

HEALTHCARE

CHILD ABUSE

FL H0599

EMPLOYMENT
FAILED

Gender Identity Employment Practices

Specifies employment policy of state relating to person's sex; prohibits employees & contractors of certain employers from being required to use, from providing, & from being asked to provide certain titles & pronouns; prohibits employees & contractors from being penalized or subjected to certain actions for not providing certain titles & pronouns; prohibits adverse personnel action on basis of deeply held religious or biology-based beliefs; provides administrative & civil remedies; provides that it is unlawful employment practice for nonprofit organization to require certain training, instruction, or activity.

It is the policy of the state that a person's sex is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to such person's sex.

FL H0901

OTHER
FAILED

Display of Flags by Governmental Entities

Prohibits certain governmental entities from erecting or displaying certain flags; requires governmental entity to remain neutral in certain circumstances; provides applicability; requires certain governmental entities to display United States flag in certain position.

A governmental entity may not erect or display a flag that represent a political viewpoint, including [...] sexual orientation and gender. [...] For purposes of this section, the term "governmental entity" means a governmental agency, a local government, or another unit of local government and includes public schools, public colleges, and public universities.

FL H1233

CIVIL RIGHTS
FAILED

Biological Sex

Defines terms relating to sex of individual in context of construction of Florida Statutes; provides that certain birth certificate statement determines whether person is male or female & may serve as committeeman or committeewoman, respectively; revises provisions related to applications for disability ID cards, application requirements for driver licenses & ID cards to replace references to term "gender" with term "sex"; prohibits DHSMV from issuing original or replacement driver licenses or ID cards that contain specified information; requires individual health insurance policies, group health insurance policies, health benefit plans, & health maintenance contracts that provide coverage for sex-reassignment prescriptions or procedures must also provide coverage for treatment to detransition from such sex-reassignment prescriptions or procedures; defines term "sex" for purposes of Florida Civil Rights Act; revises provisions related to remedies for unlawful discrimination to include protection on basis of sex, rather than gender.

References to the term "gender" in these statutes must be deemed to refer solely to sex [...] (b) "Female" means a person belonging, at birth, to the biological sex that has the specific reproductive role of producing ova. (c) "Male" means a person belonging, at birth, to the biological sex that has the specific reproductive role of producing sperm. (d) "Woman" and "girl" refer to human females, and the terms "man" and "boy" refer to human males. (e) "Mother" means a female parent, and the term "father" means a male parent. [...] (9) For purposes of this section, the statement of biological sex on a person's official birth certificate filed at or near the time of the person's birth determines whether the person is male or female and may serve as a committeeman or committeewoman, respectively.

FL H1291

EDUCATION
PASSED - PENDING GOVERNOR SIGNATURE

Educator Preparation Programs

Prohibits courses & curriculum of teacher preparation programs, postsecondary educator preparation institutes, professional learning certification programs, & school leader preparation programs from distorting certain events & including certain curriculum & instruction; & requires teacher preparation programs, postsecondary educator preparation institutes, professional learning certification programs, & school leader preparation programs to afford candidates certain opportunities.

Teacher preparation program courses [...] may not [...] include a curriculum or instruction that teaches identity politics, violates s. 1000.05, or is based on theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political, and economic inequities.

FL H1425

INCARCERATION
PASSED

Juvenile Justice

Authorizes DJJ employees & contracted providers to possess & administer opioid antagonists; provides immunity from liability for administration; replacing term "gender-specific" with "sex-specific"; eliminates minimum-risk nonresidential restrictiveness level; redesignates "nonsecure residential restrictiveness level" as "moderate-risk residential level"; revises provisions concerning transitioning child to & from secure detention care & supervised release detention care.

FL H1639

HEALTHCARE
FAILED

Gender and Biological Sex

Defines "sex"; requires certain applications & licenses to indicate person's sex, rather than gender; provides requirements for health insurance policies, group health insurance policies, health benefit plans, & health maintenance contracts relating to coverage for sex-reassignment prescriptions or procedures & certain mental health & therapeutic services.

A health insurance policy [...] may offer, for an appropriate additional premium, coverage for sex-reassignment prescriptions or procedures [...] only if the same health insurance policy also provides coverage for treatment to detransition from the sex-reassignment prescriptions or procedures.

FL H1663

CHILD ABUSE
FAILED

Child Protective Investigations

Revises the definition of "abuse"; prohibits DCF from initiating protective investigation based solely on parent's religious beliefs or ideology; requires child protective investigator to provide brief summary, verbal notification, & verbal or written summary of certain information to parents & legal custodians; provides requirements for such summaries & notification.

Referring to and raising a child in a manner consistent with the child's biological sex, including any related mental health or medical decisions, may not in itself constitute abuse. [...] The department may not initiate a protective investigation or otherwise infringe on a parent's parental rights solely on the basis of the parent's religious beliefs or ideology.

FAILED

Display of Flags by Governmental Entities

Prohibiting certain governmental entities from erecting or displaying certain flags; requiring the governmental entity to remain neutral in certain circumstances; providing applicability; authorizing a current or retired member of the United States Armed Forces or the National Guard to use reasonable force to prevent the desecration, destruction, or removal of the United States flag or to replace such flag to a position of prominence, etc.

A governmental entity may not erect or display a flag that represent a political viewpoint, including [...] sexual orientation and gender. [...] For purposes of this section, the term "governmental entity" means a governmental agency, a local government, or another unit of local government and includes public schools, public colleges, and public universities.

FL S1352

INCARCERATION
FAILED

Juvenile Justice

Authorizing certain employees of Department of Juvenile Justice and contracted providers to possess and administer opioid antagonists; replacing the term "gender-specific" with "sex-specific"; providing that juvenile assessment centers are not facilities that are permitted to receive certain children; revising requirements for certain State Board of Education rules to establish policies and standards for certain education programs; deleting provisions related to requiring residential juvenile justice education programs to provide certain CAPE courses, etc.

revising the legislative intent for the juvenile justice system relating to general protections for children and sex-specific, rather than gender specific, programming

FL S1382

EMPLOYMENT
FAILED

Gender Identity Employment Practices

Specifying an employment policy of the state relating to a person's sex; prohibiting employees and contractors of certain employers from being required to use, from providing, and from being asked to provide preferred personal titles or pronouns; providing that it is an unlawful employment practice for certain employers to take adverse personnel action against employees and contractors on the basis of deeply held religious or biology-based beliefs; providing that it is an unlawful employment practice for nonprofit organizations and certain employers to require certain training, instruction, or activity as a condition of employment, etc.

It is the policy of the state that a person's sex is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to such person's sex.

FL S1722

CHILD ABUSE
FAILED

Child Protective Investigations

Prohibiting the initiation of a child protective investigation or removal of a child from his or her residence solely based on a parent's religious beliefs or ideology; requiring the investigator to submit a written summary to the subject of the investigation confirming certain information, etc.

Referring to and raising a child in a manner consistent with the child’s biological sex, including related mental health or medical decisions, does not in itself constitute abuse. [...] A child protective investigation may not be initiated, and a determination that a child be removed from his or her residence may not be made, solely on the basis of a parent’s religious or ideological beliefs.

FAILED

Defamation, False Light, and Unauthorized Publication of Name or Likenesses

Requiring that certain articles or broadcasts be removed from the Internet within a specified period to limit damages for defamation; providing persons in certain positions relating to newspapers with immunity for defamation if such persons exercise due care to prevent publication or utterance of such a statement; providing venue for damages for a defamation or privacy tort based on material broadcast over radio or television; providing a rebuttable presumption that a publisher of a false statement acted with actual malice in certain circumstances, etc.

An allegation that the plaintiff has discriminated against another person or group because of their race, sex, sexual orientation, or gender identity constitutes defamation per se. (a) A defendant cannot prove the truth of an allegation of discrimination with respect to sexual orientation or gender identity by citing a plaintiff’s constitutionally protected religious expression or beliefs. (b) A defendant cannot prove the truth of an allegation of discrimination with respect to sexual orientation or gender identity by citing a plaintiff’s scientific beliefs. (c) A prevailing plaintiff for allegations under this subsection is, in addition to all other damages, entitled to statutory damages of at least $35,000.