We are trying a new series – dedicating an article page to each state we serve in for the year and using it as a mini-blog. We’ll post updates on laws and court cases here as we have them. This here is Florida.
Content Note: we talk about anti-trans legislation.
The Florida State Legislature Page
Florida House of Representatives
On the Florida legislature pages you can
- Search for and track bills
- See meeting/session calendars
- Find your legislators
Equality Florida is an excellent source of information and calls to action. Sign up for their emails here. Watch their latest news section and their Resistance Reports for calls to action and email links.
August 26, 2024
A 2-1 ruling of the 11th Circuit Court stayed Judge Hinkle’s injunction. So, restrictions on adult care and the youth care ban are back in effect. GLAD’s statement.
The lawsuit parties have signaled that they will keep fighting. Whether they will request an 11th Circuit Court en banc (the whole court, not just a 3-person panel) or appeal to the Supreme Court is not yet known. We do know that the Supreme Court will be hearing the challenge to Tennessee’s youth ban during this upcoming session.
Law Dork’s write up.
July 12, 2024
Judge Hinkle has doubled-down and denied Florida’s request for a stay in Doe v. Ladapo. So for now, the injunction stands.
And, he got a little firey:
“With all the state’s resources and the full range of discovery available under the Federal Rules of Civil Procedure, the state was unable to present evidence of even a single instance of improper provision of care in Florida. The state was unable to present evidence of even a single departure in this state from the widely accepted Endocrine Society and WPATH standards of care. Perhaps most importantly, the state was unable to present evidence of even a single patient who suffered adverse consequences or came to regret care received in this state.”
Read NCLR’s press release.
June 18, 2024
The state has appealed Judge Hinkle’s ruling and asked for a stay (which would stop the block on restricted care.) Nothing has been scheduled yet, so the restrictions on care are still blocked. Equality Florida has announced a few clinics accepting new patients in their newsletter. We love seeing more access!
June 11, 2024
254 and the FL Med Board restrictions ARE BLOCKED!
Judge Hinkle released an order today permanently blocking restrictions on youth and adult care in Florida.
We’re so excited we could just pee. We’re waiting for in-depth analysis from people with legal expertise for the detaily-details. as we’re not lawyers.
We’re sure that the state will appeal, but today, we celebrate.
Some of the announcements:
Chris Geidner at LawDork has released his comments on the order.
Note: the below are all the same press release.
GLAD’s case page.
Southern Legal’s press release.
NCLR’s press release.
HRC’s press release.
Lowenstein Sandler’s press release (one of the law firms involved in the case.)
March 1, 2024
(links removed as they are now deactivated) ACTION ALERT: The Trans Erasure Bill 1639 passed the House and has been sent to the Senate. Send an email to your Senators with Equality Florida’s action alert. NOTE: Equality Florida is also reporting that the Senate President, Kathleen Passidomo told reporters that the bill would not see a vote in the Senate. Please don’t let this stop you from contacting your Senators to express your opposition to the bill.
February 28, 2024
ACTION ALERT: the Trans Erasure Bill 1639 will be read in the House tomorrow, 2/29. Send an email via Equality Florida’s action alert (links removed as they are now deactivated):
February 23, 2024
The Trans Erasure Bill – HB 1639 – passed out of committee on 2/22 and will go to a final vote in the House. Contact your Representative (Equality Florida email action.)
HB 0001 has passed the legislature and is going to the Governor for signing. HB 0001 establishes a minimum age of 16 for social media accounts and requires age verification for both social media accounts and for online access to any platform providing “online access to materials harmful to minors.” “Material harmful to minors” is further defined as:
- material that the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest;
- material that depicts or describes, in a patently offensive way, sexual conduct as specifically defined in s. 847.001(19); and
- material that, when taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
Broadly interpreted, or interpreted from a very narrow definition of “average person,” this law could censor a lot of necessary and age-appropriate information that youth need about bodies and natural functions. This goes into effect on July 1, 2024, if signed into law by the governor. (It also seems ripe for a legal challenge!)
February 21, 2024
The Florida House Infrastructure Strategies Committee is voting on HB 1639 – the trans erasure bill – tomorrow the 22nd. Equality Florida urges you to send a message to the committee members: Email Action. (links removed as they are now deactivated)
February 16, 2024
The Gender Advancement Project on Facebook reported that they received two calls from individuals who were prevented from updating their gender markers on licenses. If this happens to you or someone you know, please contact Simone Chriss at Southern Legal Counsel: simone.chriss@southernlegal.org.
GOOD NEWS:
The Pride Flag Ban Bill (HB 901 / SB 1120) has been defeated in the senate.
HB 159/SB 1320 – access to PEP bill is advancing.
SB 1414/HB1355 – repeals the Stope WOKE Act and the Don’t Say LGBTQ law. is advancing.
Send messages to legislatures supporting these bills. (links removed as they are now deactivated)
BILL UPDATES AND ACTION LINKS
HB 1639 – the erasure bill/ID bill is advancing and is currently in the Infrastructure Strategies Committee. Contact them. Equality Florida has a form set up. (links removed as they are now deactivated)
SB 1372 – the Stop WOKE teacher training bill is advancing. Here’s Equality Florida’s email action form. (links removed as they are now deactivated)
HB 599/SB 1382 – Don’t Say Gay or Trans AT Work Bill. Send a message to lawmakers. (links removed as they are now deactivated)
February 1, 2024
Equality Florida and Simone Chriss of Southern Legal Counsel hosted a town hall today to discuss the memo released by the Florida Department of Highway Safety and Motor Vehicles on gender markers on IDs and drivers licenses. Equality Florida has posted a recording on Facebook.
Important points:
- The memo doesn’t have the law behind it.
- If you have an updated gender marker on your IDs, you cannot be charged with fraud or subjected to penalties if you amended your gender marker in compliance with the policy to do so at the time of the change
- Florida isn’t confiscating IDs with updated gender markers.
- It would take a court order and a warrant to do so.
- If you have a current ID/license with an affirming gender marker, right now, according to policy, you can renew and keep your marker.
- Renew on line if you can!
- Unfortunately, if you are not a citizen, you cannot renew online, so there is additional marginalization occurring..
- If you are applying for an ID/license for the first time, they have to accept the gender marker on the primary identity documentation you give them – this is according to their own policies.
- GET YOUR PASSPORT with your affirming marker
- Use your PASSPORT as your primary identity documentation.
- Also update your gender marker with Social Security.
- You can also use a birth certificate with an amended marker.
- You likely cannot update the gender marker on a current ID/license right now.
- Florida may refuse to replace an ID/license with an amended gender marker.
If you are challenged or anything happens, contact Simone Chriss at Southern Legal Counsel: simone.chriss@southernlegal.org
IMPORTANT:
HB 1639, if passed into law, would change the law in the ways that this memo attempts to do (and a host of other gross things.)
ACTION:
Contact your legislators and urge them to oppose HB1639. Equality Florida makes it easy. (links removed as they are now deactivated)
If you can, join Equality Florida in Tallahassee for Pride at the Capitol. They will be attending every committee meeting of every transphobic bill this session. Sign up for their mailing list to be sent action alerts.
January 30, 2024
H.B. 1639 – would require sex as assumed at birth on IDs and licenses received a favorable rating in the Select Committee on Health Innovation and is moving on to the next committees.
Also, today, the Florida Department of Highway Safety and Motor Vehicles announced that they will no longer be updating driver’s licenses/IDs and that they consider the gender marker on current IDs to represent sex as assumed/declared at birth. The announcement states that any person with a gender marker on their identification not matching sex as assumed/declared at birth would be committing fraud and may face suspension or revocation of their license or further criminalization. This will, of course, be challenged in the courts, but today is a scary news day.
Write-ups:
- Erin In The Morning
- Miami Herald (links removed as they are now deactivated)
January 22, 2024
The ACLU is currently tracking 10 bills in Florida. Florida is once again doing it’s best to be the worst state for trans and gender diverse folks.
Equality Florida’s Instagram account is an excellent resource for calls to action and day by day happenings.
H.B 1639 – Barriers to accurate IDs and health insurance regulations. In several committees in the House. If passed, would go into effect on July 1, 2024.
- Replaces the word “gender” with the word “sex” in sections about obtaining identification cards and driver’s licenses.
- Insurance policies that provide coverage for gender affirming care must also provide coverage for gender affirming care if the person’s embodiment goals change (they call it detransition coverage.)
- Insurance policies that offer coverage for gender affirming care must also offer plans without coverage.
H.B. 1233 – Trans erasure bill with many of the same goals as HB 1639. Filed in House, referred to several committees. If passed, would go into effect on July 1, 2024
- Defines sex as male or female based on chromosomes, “naturally occurring” sex hormones and genitalia present at birth
- Replaces usage of the word “gender” with “sex” as defined above in state law
- On disabled parking permits, IDs, driver’s licenses
- The state may not issue a driver’s license or ID with a sex marker on it that is different from the individual’s “original” birth certificate. Licenses and IDs must be revoked if teh state finds that the original birth certificate and the state identification do not match.
- Defines “equal” when used in respect to sex as not meaning “same” or “identical”
- Health insurance policies that provide coverage for gender affirming treatment must also provide coverage for gender affirming care if the person’s embodiment goals change (they call it detransition coverage.)
- A health insurer that offers policies covering gender affirming care must also offer policies that do not cover gender affirming care.
- Health insurance coverage may not prohibit conversion therapy.
H.B. 1425 – Youth Justice regulations. Replaces the term “gender-specific” in state laws and regulations with “sex-specific.” Would likely segregate youth in the juvenile justice system by state-defined sex as observed by genitalia at birth. Referred to multiple committees. If passed, would go into effect on July 1, 2024. Senate version is S.B. 1352.
H.B. 1633 – Child Protective Investigations. Prohibits the Department of Children and Families from opening investigations “based solely on a parent’s religious beliefs or ideology.” Language in bill protects unaffirming parents. House bill. Referred to several committees. If passed, would go into effect on July 1, 2024. Senate version is S.B. 1722 .
H.B. 901 – Censorship of pride (and other) flags. Would prohibit governmental entities from displaying flags that “represent a political viewpoint, including, but not limited to, a politically partisan, racial, sexual orientation and gender, or political ideology viewpoint.” (Egads, the grammar!) House bill. Has been approved by the Constitutional Rights, Rule of Law & Governmental Operations Subcommittee and sent to the State Affairs Committee. If passed, would go into effect on July 1, 2024. Senate version is S.B. 1120
H.B. 599 and S.B. 1382 Trans erasure bills. Referred to committees. If passed, would go into effect on July 1, 2024.
- Makes it state policy that “it is false” to use pronouns that do not correspond to a person’s assumed sex at birth.
- Prohibits employers from requiring employees or contractors from using a person’s pronouns or personal titles if they do not correspond to that person’s assumed sex at birth
- Employers may not “provide” a person with the pronouns they request if those pronouns do not “match.”
- An employee may not be asked their pronouns, and may not be penalized for not providing their pronouns.
- Prohibits “adverse personnel action” against employees or contractors because of their “deeply held religious or biology-based beliefs.”
- Non-profits which receive state funding may not require DEI training about sexual orientation, gender identity, or gender expression.
Related QueerDoc Articles:
- Tracking Legislation In 2024 And Not Burning Out
- Tracking Anti-Trans Legislation (2021 article with citations)
- Getting Local Adolescent Gender Affirming Care in Florida
- December 2023 – Update on 254 In Florida
