Florida passed its draconian Trans Health Care Ban for minors today. You can read the text here. It goes into effect upon the Governor’s signature.
Here’s what it contains, in as plain-legalese-English as I can:
Amends the state’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Fla. Code § 61.517) to grant Florida courts emergency jurisdiction over any child in the state undergoing gender-affirming care. There is no residency requirement.
Read that twice.
Normally, Florida courts don’t have jurisdiction over a custody case unless there is some kind of months-long nexus of the child living in Florida.
I really want to hear from Florida custody lawyers about the actual level of risk this poses to trans* kids who either live in or are just visiting the state.
Amends the state’s UCCJEA to allow issuance of a warrant to take custody of a child if the child is undergoing gender-affirming care. This would be available in a case where a petitioner (parent who doesn’t want the transition or…. the Court, in an emergency case?) is seeking enforcement of a child custody determination.
*looks around for Florida custody lawyer to chime in*
Bans any gender-affirming care for minors (including puberty blockers).
The ban goes into effect on the Governor’s signature…but the Board of Medicine has 60 lackadaisical days to adopt emergency rules on how/whether a minor already undergoing care can continue to be treated with hormones or puberty blockers.
That’s a minimum 60-day gap in care, at best.
Only permits Physicians to prescribe gender-affirming hormones for all patients including adults.
Any prescription for hormones has to be made with the patient signing consent forms (that don’t exist yet) after the physician advises the patient of the nature and risks of the treatment…in person.
Does it have to be done every time there’s a refill or just once? The language isn’t clear re: those receiving gender affirming care.
This will have a catastrophic impact on access to care.
Punishment for violation—targeting health care providers:
disciplinary action/immediate suspension of license
Felony of the third degree if surgical care provided
Misdemeanor offense if hormonal care provided
“No-fault liability” provision: cause of action created for any gender-affirming care provided in violation of the statute, even in the absence of fault. There are no limitations on punitive damages and patients have 20 years to file suit.
This will likely decimate liability coverage for providers.
There will be a lot of coverage of this bill, and for good reason. A lawsuit is certainly imminent to enjoin its enforcement.
Consider supporting Equality Florida, Lambda Legal, the ACLU, or the Trans LifeLine as a way to help out, even when it feels like there’s nothing you can do. Every little bit matters.
The cruelty is the point.