Text of FL H 1265 (2023)

HB 1265 2023 CODING: Words stricken are deletions; words underlined are additions. hb1265-00 Page 1 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to employer coverage of gender 2 dysphoria treatment; providing a short title; creating 3 s. 448.085, F.S.; defining terms; requiring employers 4 that provide coverage of gender dysphoria treatment to 5 also cover the full costs associated with treatment 6 that reverses such gender dysphoria treatment, 7 regardless of the rate of coverage provided for the 8 initial treatment; providing that employees who 9 receive gender dysphoria treatment through coverage 10 provided by an employer are entitled to full coverage 11 of total costs associated with treatment that reverses 12 such gender dysphoria treatment under certain 13 circumstances, regardless of whether they are still 14 employed by that employer; providing construction; 15 prohibiting employers from making coverage of 16 subsequent treatment contingent upon whether the 17 employee receives such treatment in this state; 18 creating a right of action for aggrieved persons to 19 recover actual total costs and damages from an 20 employer or former employer, as applicable, under 21 certain circumstances; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 HB 1265 2023 CODING: Words stricken are deletions; words underlined are additions. hb1265-00 Page 2 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 1. This act may be referred to as the "Reverse 26 Woke Act." 27 Section 2. Section 448.085, Florida Statutes, is created 28 to read: 29 448.085 Coverage of gender dysphoria treatment.— 30 (1) As used in this section, the term: 31 (a) "Employee" means any individual who performs services 32 for and under the direction and control of an employer for wages 33 or other remuneration. 34 (b) "Employer" means any individual, firm, partnership, 35 institution, corporation, or association that employs two or 36 more employees. The term includes a governmental entity as 37 defined in s. 768.38(2). 38 (c) "Gender dysphoria treatment" means surgery, hormone 39 replacement therapy, or any other procedure or treatment that 40 assists persons with gender dysphoria in transitioning to their 41 self-identified gender. 42 (2) An employer that covers the cost, directly or through 43 benefits, of gender dysphoria treatment for employees must also 44 cover the total costs associated with treatment that reverses 45 the gender dysphoria treatment, regardless of the rate of 46 coverage provided for the initial treatment. 47 (3) An employee who received gender dysphoria treatment 48 through coverage provided by an employer is entitled to full 49 coverage by that employer of the total costs associated with 50 HB 1265 2023 CODING: Words stricken are deletions; words underlined are additions. hb1265-00 Page 3 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S treatment that reverses gender dysphoria treatment if the 51 employee later determines that the gender dysphoria treatment 52 was not appropriate for him or her and wants to reverse the 53 treatment, regardless of whether the person is currently 54 employed by that same employer at the time of such 55 determination. 56 (4) An employer's obligations under this section are not 57 affected by whether the initial treatment is provided in this 58 state, and an employer may not make coverage of subsequent 59 treatment contingent upon whether the employee receives such 60 subsequent treatment in this state. 61 (5) If an employer or former employer, as applicable, 62 refuses to cover the total costs associated with treatment to 63 reverse gender dysphoria treatment it initially covered for an 64 employee, the employee entitled to such coverage under 65 subsection (3) may file a civil action in a court of competent 66 jurisdiction to recover from the employer or former employer, as 67 applicable, the actual total costs associated with such 68 treatment as well as any damages incurred by the person as a 69 result of the employer's noncompliance with this section. 70 Section 3. This act shall take effect July 1, 2023. 71