Wikipedia

Florida Senate Bill 254 (2023)

Florida Senate Bill 254 (SB 254) is a law that prohibits gender-affirming care for anyone under the age of 18, places restrictions on adult patients accessing this care, and allows the state to take temporary custody of children who may be receiving gender-affirming care now or in the future.[1] In June 2024, a judge permanently blocked the law from taking effect.[2] In August 2024, the 11th Circuit Court of Appeals stayed the permanent injunction while the matter is appealed.[3]

Florida Senate Bill 254
Florida Legislature
Considered byFlorida Senate
Signed byRon DeSantis
SignedMay 17, 2023
Legislative history
Bill citationSB 254
Introduced byClay Yarborough
IntroducedMarch 3, 2023
Committee responsibleHealth Policy, Fiscal Policy
Status: In force

Legislation

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SB 254 was filed on March 3, 2023, by Florida Senator Clay Yarborough and co-introduced by Senator Keith Perry.[4][5] Yarborough describes it as a "comprehensive package of parental empowerment and child safety legislation."[6] In spite of the bill being associated with restricting gender affirming care for minors, it also bars adults from seeking access to hormones and health care providers.

On May 4, 2023, the Florida Senate approved it by a vote of 26–13 and the Florida House by a vote of 83–28.[7] The law came into force when Governor DeSantis signed it on May 17, 2023.[8]

Transgender children

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The approved version of the bill will amend the Florida Statutes to make a child custody law specifically for a child who has been, may be, or may in the future receive gender-affirming care:[9]

  • Section 61.517, Subsection (1), will be amended to give Florida courts "temporary emergency jurisdiction if the child is present in this state and ... the child has been subjected to or is threatened with being subjected to sex-reassignment prescriptions or procedures, as defined in s. 456.001." This means that Florida courts could apply the law to children visiting Florida.[10]
  • Section 61.534, Subsection (1), will be amended to say that, when someone seeks "enforcement of a child custody determination", they may apply for "a warrant to take physical custody of the child if the child is likely to imminently suffer serious physical harm" including "being subjected to sex-reassignment prescriptions or procedures as defined in s. 456.001."

Transgender parents

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Early drafts of the bill differed on whether, if the custodial parent receives gender-affirming care, then a child could be seized from their family.[11][10]

Adult transgender patients

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The law requires transgender patients over the age of 18 to be provided an informed consent form provided by the State of Florida, the consent must be written and "In the same room" as the provider. All "Sex reassignment prescriptions or procedures" must be prescribed only by physicians. Renewals may be made of previous lawful prescriptions but any new prescription or procedure must follow these guidelines. Since the majority of transgender care in the state of Florida is either tele-health or by nurse practitioners/APPs this law has had an immediate and significant impact on the provision of adult transgender care in the state.[12]

Healthcare providers

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In addition, health care providers would be required to say they do not provide gender-affirming treatment to minors; if they do not provide this statement, they could lose their license.[13][14] The law also criminalizes this care, violation is a Class 3 Felony in Florida with a maximum fine of $5000 or 5 years in jail.

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On June 6, 2023, US District Court Judge Robert Hinkle blocked the ban on healthcare for minors while further legal challenges play out, saying it "is likely to be found unconstitutional".[15] On September 12, 2023, a federal judge declined to block the restrictions for adults.[16] On June 11, 2024, Hinkle issued a ruling permanently blocking the whole law from taking effect and not just the section for children.[2] DeSantis vowed to appeal the ruling to the 11th Circuit of Appeals.[17] In August 2024, the 11th Circuit Court of Appeals stayed the permanent injunction while the matter is appealed.[3]

Criticism

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The bill has been widely criticized by LGBT rights groups and individuals. Former Florida state representative Carlos Guillermo Smith referred to the bill as "fascism."[18] Human rights attorney Alejandra Caraballo warned that the bill could lead to state-sponsored kidnapping.[19] Kara Gross, the legislative director of ACLU of Florida, released a statement condemning the bill, stating: "the Florida Legislature's insistence on targeting trans people is bizarre, unnecessary, unconstitutional, and extremely dangerous."[20]

References

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  1. ^ "Florida's transgender affirming care ban is now law. Here's what SB 254 does". Pensacola News Journal. Retrieved 2023-05-22.
  2. ^ a b "Judge Strikes Down Florida's Ban on Transgender Care for Minors". New York Times. 2024-06-11. Retrieved 2024-06-12.
  3. ^ a b "US appeals court clears way for Florida ban on transgender care for minors". ABC News. 2024-08-26. Retrieved 2024-08-27.
  4. ^ "SB 254 (2023) - Treatments for Sex Reassignment". Florida House of Representatives. Archived from the original on 2023-03-07. Retrieved 2023-03-07.
  5. ^ "Senate Bill 254 (2023)". The Florida Senate. Archived from the original on 2023-03-06. Retrieved 2023-03-07.
  6. ^ Betta, Katie (3 March 2023). "Press Release - SENATOR YARBOROUGH FILES CHILD PROTECTION, PARENTAL EMPOWERMENT LEGISLATION". The Florida Senate. Archived from the original on 2023-03-07. Retrieved 2023-03-07.
  7. ^ Saunders, Jim (4 May 2023). "Florida lawmakers pass ban on medical treatments for transgender minors". Miami Herald. Retrieved 5 May 2023.
  8. ^ "Senate Bill 254 (2023) - The Florida Senate". www.flsenate.gov. Retrieved 2023-05-23.
  9. ^ "CS for SB 254, 2nd Engrossed". FLSenate.gov. 4 May 2023. Retrieved 5 May 2023.
  10. ^ a b Ashton, Mark (6 March 2023). "UCCJEA & Weaponization Of Custody Laws". JD Supra. Archived from the original on 2023-03-07. Retrieved 2023-03-07.
  11. ^ Tangalakis-Lippert, Katherine (3 March 2023). "Florida courts could allow 'emergency' custody of kids with trans parents or siblings — even if they live in another state". Business Insider. Archived from the original on 2023-03-07. Retrieved 2023-03-07.
  12. ^ "She spent her life learning to love who she is. A new law threatens to undo it all". Pensacola News Journal. Retrieved 2023-06-14.
  13. ^ Gancarski, A. G. (2023-03-04). "Anti-trans bathroom bill filed in Florida Senate". Florida Politics. Archived from the original on 2023-03-07. Retrieved 2023-03-07.
  14. ^ "Senate Bill 254 (2023) - The Florida Senate". www.flsenate.gov. Retrieved 2023-03-24. 395.003 Licensure; denial, suspension, and revocation. (6) [lines 90-101] By July 1, 2023, each licensed facility must provide a signed attestation to the agency stating that the facility does not offer or provide sex-reassignment prescriptions or procedures, as defined in s. 456.001, to patients younger than 18 years of age, unless authorized under s. 456.52(1)(b), and does not refer such patients to other providers for such services. Beginning July 1, 2023, each licensed facility shall provide the signed attestation to the agency upon initial licensure and as a requirement for each licensure renewal. Under the due process requirements provided in chapter 120, the agency must revoke the license of any licensed facility that fails to provide the attestation required by this subsection.
  15. ^ Factora, James (2023-06-06). "A Federal Judge Blocked Florida's Ban on Gender-Affirming Care for Trans Kids". Them. Retrieved 2024-01-01.
  16. ^ Fields, Aryn (2023-09-12). "Statement on Denial of Preliminary Injunction for Florida SB 254's Restrictions on Healthcare for Transgender Adults". Human Rights Campaign. Retrieved 2024-01-01.
  17. ^ Mayer, Rick (2024-06-13). "DeSantis confident 11th Circuit will overturn transgender care ruling on appeal". Health News Florida. Retrieved 2024-06-19.
  18. ^ "Outrage as Florida Republicans pass 'fascist' bill to remove trans kids from parents". The Independent. 2023-04-20. Retrieved 2023-05-09.
  19. ^ Migdon, Brooke (2023-05-04). "Florida lawmakers send bill blocking gender-affirming care for minors to DeSantis". The Hill. Retrieved 2023-05-09.
  20. ^ "ACLU of Florida Denounces the Legislature's Passage of Bills Designed to Harm Florida's LGBTQ Community | ACLU of Florida | We defend the civil rights and civil liberties of all people in Florida, by working through the legislature, the courts and in the streets". www.aclufl.org. 2023-04-19. Retrieved 2023-05-10.
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