florida senate bill 254

Companion bills that are identical word-for-word, not including titles. Foley is here to help you address the short- and long-term impacts in the wake of regulatory changes. Photographs are for dramatization purposes only and may include models. Four transgender Florida residents have filed a motion in federal court seeking an emergency block on provisions on Senate Bill 254, which places restrictions on gender affirming healthcare. GENERAL BILL by Appropriations Collective Bargaining; Providing for the resolution of certain collective bargaining issues at impasse between the State of Florida and the certified representatives of the bargaining units of state employees; providing for all other mandatory collective bargaining issues at impasse which are not addressed by the act or the General . That act, as described in a staff analysis of SB 254, was part of a nationwide effort to standardize child custody determinations in cases involving multiple states: Before uniform state custody laws were adopted, it was not uncommon for parents who did not receive legal custody of their children to cross state lines in search of a sympathetic judge who would award them custody. The Florida House of Representatives approved three anti-LGTBQ+ bills on Wednesday, including one that could be used to forcibly separate affirming parents from their transgender children during custody battles, in a continuation of the state's troubling legislative attacks on the queer and trans community. However, if your browser is set to open PDFs in a new window, as is often the case with 64-bit browsers, the bill text will open to the first page. Olivia Noel, Kai Pope, Lucien Hamel, and Rebecca Cruz Evia, are all facing dangerous disruptions in their ongoing medical care due to the Florida law. SB 504: Criminal Convictions. Ron DeSantis signed a new bill into law Wednesday thatrestricts gender-affirming care for transgender adults and children. For the consent to be considered informed, the prescribing or administering physician must, while physically present in the same room: The treating physician only needs to obtain consent once for a prescription and any renewals, but separate consent will be needed before the physician prescribes any new pharmaceutical products. Specifically, the law will: The links for the page numbers are formatted to open the bill text PDF directly to the page containing the citation. The section explicitly states that serious physical harm includes, but is not limited to, being subjected to sex-reassignment prescriptions and procedures. However, Resolutions and Concurrent Resolutions are considered identical if the only difference is the word "House" or "Senate.". Tampa Bay Times, https://www.tampabay.com/news/florida-politics/2023/04/19/lgbtq-pride-drag-shows-bathroom-transgender-republican/. ", This page was last edited on 19 July 2023, at 01:55. July 25, 2023, Motion for a preliminary injunction in Doe v. Ladapo follows the July 21 filing of an amended complaint adding four adult plaintiffs to the suit challenging Floridas healthcare ban and seeking class-wide relief for all impacted transgender adults and minors. School grading system; school report cards; district grade. That order allows Florida parents to access necessary medical care for their transgender children. However, if your browser is set to open PDFs in a new window, as is often the case with 64-bit browsers, the bill text will open to the first page. Senator Linda Stewart Secures More Than $29 Million In Project Funding For Central Florida Community June 15, 2023 - Press Release by Senator Stewart. View By Category, Identical bill All "Sex reassignment prescriptions or procedures" must be prescribed only by physicians. 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. Senate Bill 254 (2023) - The Florida Senate Home > Session > 2023 > Senate Bill 254 < Previous Senate Bill Next Senate Bill > Track This Bill Glossary of Legislative Terms CS/SB 254: Treatments for Sex Reassignment GENERAL BILL by Health Policy ; Yarborough ; (CO-INTRODUCERS) Perry ; Broxson Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. []. BILL ANALYSIS AND FISCAL IMPACT STATEMENT SB 254. In his 44 page ruling, Judge Robert Hinkle of the U. S. District Court for the Northern District of Florida has barred the state from any further . The links for the page numbers are formatted to open the bill text PDF directly to the page containing the citation. Florida Senate Bill 254. In these cases, the Board of Medicine and the Board of Osteopathic Medicine must adopt emergency rules dictating the required informed consent requirements from the patients parent or legal guardian and the provision of professional counseling services by a psychiatrist or psychologist for the patient. In 2017 he was awarded the NLGJA award for excellence in transgender coverage. (Pre-Meeting), Fiscal Policy Developmental research (laboratory) schools. by On May 4, 2023, the Florida Senate approved it by a vote of 2613 and the Florida House by a vote of 8328. That transition-related medical care includes puberty blockers, hormones and surgery. Section 944.275, Florida Statutes, is amended to 147 read: 148 944.275 Good behavior time; rehabilitation credits; 149 outstanding deed awards gain-time. View By Bill Version Florida Senate Bill 254 would empower the state's court system to make child custody determinations, up to and including taking physical custody of a child present in Florida, if done to. cannot kidnap children, the law can affect custody disputes. Once signed (expected shortly) , this law will take immediate effect and disrupt the provision of gender affirming care in the state of Florida. Accessed 18 Nov. 2022. The same section also requires that physicians prescribing, administering a pharmaceutical product or performing a procedure must be, at minimum, physically present in the same room as the patient. Daniel Trotta is a U.S. National Affairs correspondent, covering water/fire/drought, race, guns, LGBTQ+ issues and breaking news in America. Floridas Bill Targeting Gender Affirming Care Impacts Minors and Adults, A Guide to Effective M&A Integration Planning, What Every Multinational Company Should Know About . More than 500 bills affecting LGBTQ matters have been proposed across the country and at least 48 have been enacted, according to the Human Rights Campaign. Identical bill [1]. This bill would penalize providers by inflicting criminal penalties (including felony penalties) on providers who give gender-affirming care; it would take licenses away from those providers; and it would prohibit Medicaid from covering gender-affirming care for transgender youth or adults. Accessed 24 Apr. Another section of the bill prohibits any governmental entity from expending state funds for sex-reassignment prescriptions or procedures. Committee In addition to Florida, at least 14 other states have banned treatments for transgender youth, although many face legal challenges in the courts. ; SB 254 would circumvent this lawsuit by legislating the gender-affirming health care ban for trans youth into law. "[13] Human rights attorney Alejandra Caraballo warned that the bill could lead to state-sponsored kidnapping. (Post-Meeting). Such a move, in extreme cases, could involve the state taking physical custody of a child. SB 254 - Treatments for Sex Reassignment. However, Resolutions and Concurrent Resolutions are considered identical if the only difference is the word "House" or "Senate.". . Accessed 24 Apr. Copyright 2023 Scripps Media, Inc. All rights reserved. Both houses of Florida's legislature must pass the bill. Senate Bill 254 for the first time. The links for the page numbers are formatted to open the bill text PDF directly to the page containing the citation. TALLAHASSEE, Fla. Today, Governor Ron DeSantis received the following bills from the Florida Legislature. 2023. Amendments to Proposed Committee Substitutes (PCSs) are located on the PCS tab. Receive the patients written acknowledgement before the prescription or procedure is prescribed, administered, or performed. SB 254 takes away Floridians ability to make important decisions about their own lives and hands it over to the government instead. REUTERS/Octavio Jones. The Human Rights Campaign, All Rights Reserved. Health Policy ; Senate Bill 254 . In addition to the above scenarios, it allows for temporary emergency jurisdiction to be issued "because the child has been subjected to or is threatened with being subjected to sex-reassignment prescriptions or procedures []", SB 254 also amends the portion of the UCCJEA regarding taking physical custody of children in emergency circumstances, specifying that the act's aforementioned "serious physical harm" includes "being subjected to sex-reassignment prescriptions or procedures.". 22 Mar. Critics of the bill, SB 254, refer to it as theFlorida abduction billbecause they claim it allows children to belegally kidnappedby disagreeing parents even if the opposing parent lives across state lines if the child is subject to or threatened with sex-reassignment prescriptions or procedures. Bills that have selected provisions that are similar in text. Im terrified because stopping my care is already having a negative impact on my health and on my family.. The journals or printed bills of the respective chambers should be consulted as the official documents of the Legislature. ", Naples Pride hosts march against several anti-LGBTQ Florida House bills in downtown Naples. As stated in the initial draft of the bill: A court of this state shall treat as unjustifiable conduct subjecting or attempting to subject a child to the provision of sex-reassignment prescriptions or procedures []. The page numbers, when listed, for citations are constantly under review. We have the resources to help you navigate these and other important legal considerations related to business operations and industry-specific issues. Yarborough 2023, https://www.flsenate.gov/Session/Bill/2023/1421/BillText/c2/PDF. Subsection (1) of section 61.517, Florida 60 Statutes, is amended to read: 61 61.517 Temporary emergency jurisdiction. 62 (1) A court of this state has temporary emergency SB 254 also arbitrarily restricts the use of telehealth for transgender patients and requires in-person consultation for the initial prescription of all transition-related care, a requirement that can be impossible to meet for Florida residents who dont live near a providing physician. If applicable, please note that prior results do not guarantee a similar outcome. On May 4, 2023, SB 254 passed the Florida Senate by a safe majority vote of 83 to 28 and is now on Governor DeSantis's desk for approval. . 2023. https://www.flsenate.gov/Session/Bill/2023/254/BillText/Filed/HTML. Alejandra Caraballo, a clinical instructor at Harvard Law School's Cyberlaw Clinic and former staff attorney at the Transgender Legal Defense and Education Fund, described the bill on Twitter as "a greenlight to transphobic family members to engage in state sponsored kidnapping.". Along with the ban for new youth patients, the bill requires that a physician administer gender affirming care to adult patients in person, barring the use of telehealth and other health care workers, like nurse practitioners and physicians' assistants, to begin care. The proposed legislation would grant courts "temporary emergency jurisdiction over children in this state if they are at risk of or are being subjected to. Oliva . A court may not treat a parents removal of a child from another parent or from another state as unjustifiable conduct or child abuse if the removal was for the purpose of protecting the child from one or more of the prescriptions or procedures [described in the bill] and if there is reason to believe that the child was at risk of or was being subjected to the provision of such prescriptions or procedures. Similar bill School district construction flexibility. Senate Bill 254, introduced Friday by State Senator Clay Yarborough, would grant a petitioning parent authority to take emergency custody of their kids under the same statute that protects them. SB 254 has canceled medically-necessary treatment prescribed for me by my medical team, said plaintiff Kai Pope. Education; Requiring specified teachers to have received, at a minimum, a bachelors degree; requiring private schools to provide specified students with a certain amount of time for recess; requiring private school students to participate in the statewide assessment program; requiring private schools to comply with the State Requirements for Educational Facilities of the Florida Building Code, etc. On May 4, 2023, SB 254 passed the Florida Senate by a safe majority vote of 83 to 28 and is now on Governor DeSantiss desk for approval. Referred to Education; Appropriations Subcommittee on Education; Appropriations -SJ 56, Last Action: 4/30/2021 H Died in Early Learning & Elementary Education Subcommittee. Alex Kasprak is an investigative journalist and science writer reporting on scientific misinformation, online fraud, and financial crime. However, Resolutions and Concurrent Resolutions are considered identical if the only difference is the word "House" or "Senate.". This blog is made available by Foley & Lardner LLP (Foley or the Firm) for informational purposes only. The Tallahassee Democrat reported that while the legislation was not as wide-reaching as House members wanted it to be, it will still restrict care for both transgender children and adults. Schedule, GENERAL BILL Further, only a physician can obtain consent (i.e., nurse practitioners and physician assistants cannot satisfy the consent requirements) and failure to do so will be classified as a misdemeanor of the first degree. (APRN-NPs) are critical providers of transgender healthcare in Florida. Florida Senate Bill 254 would empower the state's court system to make child custody determinations, up to and including taking physical custody of a child present in Florida, if done to "protect" minors from being "subjected" to gender-affirming care. Ron DeSantis signed a new bill into law. 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. SB 254 was filed on March 3, 2023 by Florida Senator Clay Yarborough and co-introduced by Senator Keith Perry. prohibit the provision of sex-reassignment prescriptions or procedures to minors; impact the ability to prescribe sex-reassignment medications to adults via telemedicine; and. DeSantis, who is expected to launch a bid for the 2024 Republican presidential nomination next week, has staked part of his political future on cultural issues surrounding LGBTQ rights. Disclaimer: The information on this system is unverified. As a physician myself, SB 254 alarms me not only because of the devastating harm it is causing me and other transgender Floridians, but because of the disruption it is causing to our healthcare system.. Tallahassee, Florida - Today, the Human Rights Campaign (HRC), the nation's largest lesbian, gay, bisexual, transgender and queer (LGBTQ+) civil rights organization, condemns the Florida Senate for advancing Senate Bill 254, an extreme, unprecedented attack on transgender people, their health care, and the families and health care providers . (Post-Meeting), Rules To learn more, please read our Privacy Policy. [2][3] Yarborough describes it as a "comprehensive package of parental empowerment and child safety legislation. Overview. The industry leader for online information for tax, accounting and finance professionals. What can I do if I'm a transgender person living in Florida? While this approach to "forum shopping" was often successful for parents, it created an awareness that uniform state laws were needed to resolve custody issues. The lawsuit against SB 254 names several defendants, including Florida's surgeon general, Joseph Ladapo, members of the state's Boards of Medicine and Osteopathic Medicine and two state attorneys. The federal district court issued a prior preliminary injunction on June 6 halting enforcement of the ban on healthcare for transgender minors and saying the ban is likely unconstitutional. Skip to Navigation | Skip to Main Content | Skip to Site Map. 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. SB 254 now completely bars them from continuing to treat transgender patients. The law (SB 254) also banned doctors from ordering gender-affirming care for children but allowed minors already receiving such treatment to continue, under certain conditions. Under the law, the court "may issue a warrant to take physical custody of the child" if it "finds that the child is likely to imminently suffer serious physical harm or removal from this state. [5] The law came into force when Governor DeSantis signed it on May 17, 2023. There are new prescribing requirements due to SB 254, and we wanted to inform you that you can now book your in-person visit! 2023 Legislature CS for SB 254, 2nd Engrossed 2023254er Page 3 of 10 CODING: Words stricken are deletions; words underlined are additions. Publications, Help Searching Compare bill S.B. Doctors who violate those sections could face a first-degree misdemeanor. SB 274: Condominium Fraud Investigation Pilot Program. The journals or printed bills of the respective chambers should be consulted for official purposes. Florida UCCJEA Fla. Stat. May 05, 2023 Florida Republicans on Thursday approved a draconian bill that, among other things, would enable the state to take trans children away from their parents if they are receiving gender-affirming healthcare, even though such care is consistent with the guidance of every major medical organization in the United States. by Naples Pride hosts march against several anti-LGBTQ Florida House bills. For these reasons, the claim that this bill authorizes the state of Florida to physically intervene in child custody cases based on issues related to risk of exposure to gender-affirming care is fair. Business Insider, https://www.businessinsider.com/florida-anti-trans-bill-court-custody-kids-gender-affirming-care-2023-3. (Post-Meeting), Fiscal Policy Florida SB 254 restricts gender-affirming care for transgender adults and children, and was condemned as Florida's "abduction" bill by opponents who claim it allows children to be "legally . A new law threatens to undo it all", "Anti-trans bathroom bill filed in Florida Senate", "Outrage as Florida Republicans pass 'fascist' bill to remove trans kids from parents", "Florida lawmakers send bill blocking gender-affirming care for minors to DeSantis", "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", https://en.wikipedia.org/w/index.php?title=Florida_Senate_Bill_254_(2023)&oldid=1166044245, 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, Creative Commons Attribution-ShareAlike License 4.0.