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. In June 2024, a judge permanently blocked the law from taking effect.

Legislation

SB 254 was filed on March 3, 2023, by Florida Senator Clay Yarborough and co-introduced by Senator Keith Perry. Yarborough describes it as a "comprehensive package of parental empowerment and child safety legislation." 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. The law came into force when Governor DeSantis signed it on May 17, 2023.

Transgender children

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:

* 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.
* 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

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.

Adult transgender patients

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.

Healthcare providers

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. 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.

Legal challenges

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". On September 12, 2023, a federal judge declined to block the restrictions for adults. On June 11, 2024, Hinkle issued a ruling permanently blocking the whole law from taking effect and not just the section for children. DeSantis vowed to appeal the ruling to the 11th Circuit of Appeals.

Criticism

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." Human rights attorney Alejandra Caraballo warned that the bill could lead to state-sponsored kidnapping. 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."

References

External links

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SB 254

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2023 in LGBT history
LGBT history in Florida
LGBT rights in Florida
Discrimination against LGBT people in the United States
Legal discrimination against transgender people in the United States
2020s anti-LGBT movement in the United States
Transgender law in the United States