Florida Senate Bill 254 (2023)

Florida Senate Bill 254 (SB 254) is a bill introduced into the Florida State Legislature in 2023. The bill would allow the state to take temporary custody of children who may be receiving gender-affirming care now or in the future.

Florida Senate Bill 254
Florida Legislature
Considered byFlorida Senate
Legislative history
Bill citationSB 254
Bill published onMarch 3, 2023
Introduced byClay Yarborough
Committee responsibleHealth Policy, Fiscal Policy
Status: Pending

Proposed legislation

SB 254 was filed on March 3, 2023 by Florida Senator Clay Yarborough and co-introduced by Senator Keith Perry.[1][2] Yarborough describes it as a "comprehensive package of parental empowerment and child safety legislation."[3] 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 providors.

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. Governor DeSantis is expected to sign it.[4]

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:[5]

  • 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.[6]
  • 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.[7][6]

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.[8][9]

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."[10] Human rights attorney Alejandra Caraballo warned that the bill could lead to state-sponsored kidnapping.[11] 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."[12]

References
  1. "SB 254 (2023) - Treatments for Sex Reassignment". Florida House of Representatives. Archived from the original on 2023-03-07. Retrieved 2023-03-07.
  2. "Senate Bill 254 (2023)". The Florida Senate. Archived from the original on 2023-03-06. Retrieved 2023-03-07.
  3. 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.
  4. Saunders, Jim (4 May 2023). "Florida lawmakers pass ban on medical treatments for transgender minors". Miami Herald. Retrieved 5 May 2023.
  5. "CS for SB 254, 2nd Engrossed". FLSenate.gov. 4 May 2023. Retrieved 5 May 2023.
  6. Ashton, Mark (6 March 2023). "UCCJEA & Weaponization Of Custody Laws". JD Supra. Archived from the original on 2023-03-07. Retrieved 2023-03-07.
  7. 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.
  8. Gancarski, A. G. (2023-03-04). "Anti-trans bathroom bill filed in Florida Senate". Florida Politics - Campaigns & Elections. Lobbying & Government. Archived from the original on 2023-03-07. Retrieved 2023-03-07.
  9. "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.
  10. "Outrage as Florida Republicans pass 'fascist' bill to remove trans kids from parents". The Independent. 2023-04-20. Retrieved 2023-05-09.
  11. Migdon, Brooke (2023-05-04). "Florida lawmakers send bill blocking gender-affirming care for minors to DeSantis". The Hill. Retrieved 2023-05-09.
  12. "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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