Text of FL H 1639 (2024)

HB 1639 2024 CODING: Words stricken are deletions; words underlined are additions. hb1639-00 Page 1 of 9 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 gender and biological sex; amending 2 ss. 322.051, 322.08, and 322.14, F.S.; requiring 3 applications for driver licenses and identification 4 cards, as well as printed driver licenses, to indicate 5 a person's sex instead of his or her gender; creating 6 s. 627.6411, F.S.; requiring health insurance policies 7 that include coverage for sex-reassignment 8 prescriptions or procedures to also provide coverage 9 for certain detransition treatments; requiring health 10 insurers providing such coverage to also offer 11 insurance policies that do not provide such coverage; 12 prohibiting health insurance policies from prohibiting 13 coverage of certain mental health and therapeutic 14 services; amending ss. 627.657, 627.6699, and 641.31, 15 F.S.; requiring group health insurance policies, 16 health benefit plans, and health maintenance contracts 17 that include coverage for sex-reassignment 18 prescriptions or procedures to also provide coverage 19 for certain detransition treatments; requiring group 20 health insurers, carriers, and health maintenance 21 organizations providing such coverage to also offer 22 insurance policies that do not provide such coverage; 23 prohibiting group health insurance policies, health 24 benefit plans, and health maintenance contracts from 25 HB 1639 2024 CODING: Words stricken are deletions; words underlined are additions. hb1639-00 Page 2 of 9 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 prohibiting coverage of certain mental health and 26 therapeutic services; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Paragraph (a) of subsection (1) of section 31 322.051, Florida Statutes, is amended to read: 32 322.051 Identification cards.— 33 (1) Any person who is 5 years of age or older, or any 34 person who has a disability, regardless of age, who applies for 35 a disabled parking permit under s. 320.0848, may be issued an 36 identification card by the department upon completion of an 37 application and payment of an application fee. 38 (a) The application must include the following information 39 regarding the applicant: 40 1. Full name (first, middle or maiden, and last), sex 41 gender, proof of social security card number satisfactory to the 42 department, which may include a military identification card, 43 county of residence, mailing address, proof of residential 44 address satisfactory to the department, country of birth, and a 45 brief description. 46 2. Proof of birth date satisfactory to the department. 47 3. Proof of identity satisfactory to the department. Such 48 proof must include one of the following documents issued to the 49 applicant: 50 HB 1639 2024 CODING: Words stricken are deletions; words underlined are additions. hb1639-00 Page 3 of 9 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. A driver license record or identification card record 51 from another jurisdiction that required the applicant to submit 52 a document for identification which is substantially similar to 53 a document required under sub-subparagraph b., sub-subparagraph 54 c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph 55 f., sub-subparagraph g., or sub-subparagraph h.; 56 b. A certified copy of a United States birth certificate; 57 c. A valid, unexpired United States passport; 58 d. A naturalization certificate issued by the United 59 States Department of Homeland Security; 60 e. A valid, unexpired alien registration receipt card 61 (green card); 62 f. A Consular Report of Birth Abroad provided by the 63 United States Department of State; 64 g. An unexpired employment authorization card issued by 65 the United States Department of Homeland Security; or 66 h. Proof of nonimmigrant classification provided by the 67 United States Department of Homeland Security, for an original 68 identification card. In order to prove nonimmigrant 69 classification, an applicant must provide at least one of the 70 following documents. In addition, the department may require 71 applicants to produce United States Department of Homeland 72 Security documents for the sole purpose of establishing the 73 maintenance of, or efforts to maintain, continuous lawful 74 presence: 75 HB 1639 2024 CODING: Words stricken are deletions; words underlined are additions. hb1639-00 Page 4 of 9 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 (I) A notice of hearing from an immigration court 76 scheduling a hearing on any proceeding. 77 (II) A notice from the Board of Immigration Appeals 78 acknowledging pendency of an appeal. 79 (III) A notice of the approval of an application for 80 adjustment of status issued by the United States Citizenship and 81 Immigration Services. 82 (IV) An official documentation confirming the filing of a 83 petition for asylum or refugee status or any other relief issued 84 by the United States Citizenship and Immigration Services. 85 (V) A notice of action transferring any pending matter 86 from another jurisdiction to Florida, issued by the United 87 States Citizenship and Immigration Services. 88 (VI) An order of an immigration judge or immigration 89 officer granting relief that authorizes the alien to live and 90 work in the United States, including, but not limited to, 91 asylum. 92 (VII) Evidence that an application is pending for 93 adjustment of status to that of an alien lawfully admitted for 94 permanent residence in the United States or conditional 95 permanent resident status in the United States, if a visa number 96 is available having a current priority date for processing by 97 the United States Citizenship and Immigration Services. 98 (VIII) On or after January 1, 2010, an unexpired foreign 99 passport with an unexpired United States Visa affixed, 100 HB 1639 2024 CODING: Words stricken are deletions; words underlined are additions. hb1639-00 Page 5 of 9 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 accompanied by an approved I-94, documenting the most recent 101 admittance into the United States. 102 103 An identification card issued based on documents required in 104 sub-subparagraph g. or sub-subparagraph h. is valid for a period 105 not to exceed the expiration date of the document presented or 1 106 year, whichever occurs first. 107 Section 2. Paragraph (a) of subsection (2) of section 108 322.08, Florida Statutes, is amended to read: 109 322.08 Application for license; requirements for license 110 and identification card forms.— 111 (2) Each such application shall include the following 112 information regarding the applicant: 113 (a) Full name (first, middle or maiden, and last), sex 114 gender, proof of social security card number satisfactory to the 115 department, which may include a military identification card, 116 county of residence, mailing address, proof of residential 117 address satisfactory to the department, country of birth, and a 118 brief description. 119 Section 3. Paragraph (a) of subsection (1) of section 120 322.14, Florida Statutes, is amended to read: 121 322.14 Licenses issued to drivers.— 122 (1)(a) The department shall, upon successful completion of 123 all required examinations and payment of the required fee, issue 124 to every qualified applicant a printed driver license that must 125 HB 1639 2024 CODING: Words stricken are deletions; words underlined are additions. hb1639-00 Page 6 of 9 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 bear a color photograph or digital image of the licensee; the 126 name of the state; a distinguishing number assigned to the 127 licensee, which, beginning November 1, 2023, must have a minimum 128 of four randomly generated digits on each original, renewal, or 129 replacement driver license; and the licensee's full name, date 130 of birth, and residence address; a brief description of the 131 licensee, including, but not limited to, the licensee's sex 132 gender and height; and the dates of issuance and expiration of 133 the license. A space shall be provided upon which the licensee 134 shall affix his or her usual signature. A license is invalid 135 until it has been signed by the licensee except that the 136 signature of the licensee is not required if it appears thereon 137 in facsimile or if the licensee is not present within the state 138 at the time of issuance. 139 Section 4. Section 627.6411, Florida Statutes, is created 140 to read: 141 627.6411 Coverage for sex-reassignment prescriptions or 142 procedures.— 143 (1) A health insurance policy that is delivered or issued 144 to a person in the state may offer, for an appropriate 145 additional premium, coverage for sex-reassignment prescriptions 146 or procedures, as defined in s. 456.001, only if the same health 147 insurance policy also provides coverage for treatment to 148 detransition from the sex-reassignment prescriptions or 149 procedures. 150 HB 1639 2024 CODING: Words stricken are deletions; words underlined are additions. hb1639-00 Page 7 of 9 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 (2) A health insurer that delivers or issues a health 151 insurance policy that provides coverage described under 152 subsection (1) must also offer a health insurance policy that 153 does not provide such coverage. 154 (3) A health insurance policy that is delivered or issued 155 to a person in the state may not prohibit the coverage of mental 156 health or therapeutic services to treat a person's perception 157 that his or her sex, as defined in s. 456.001, is inconsistent 158 with such person's sex at birth by affirming the insured's sex. 159 Section 5. Subsections (4) and (5) are added to section 160 627.657, Florida Statutes, to read: 161 627.657 Provisions of group health insurance policies.— 162 (4)(a) A group health insurance policy that is delivered 163 or issued to any group in the state may offer, for an 164 appropriate additional premium, coverage for sex-reassignment 165 prescriptions or procedures, as defined in s. 456.001, only if 166 the same group health insurance policy also provides coverage 167 for treatment to detransition from the sex-reassignment 168 prescriptions or procedures. 169 (b) A group health insurer that delivers or issues a group 170 health insurance policy that provides coverage described under 171 paragraph (a) must also offer a group health insurance policy 172 that does not provide such coverage. 173 (5) A group health insurance policy that is delivered or 174 issued to any group in the state may not prohibit the coverage 175 HB 1639 2024 CODING: Words stricken are deletions; words underlined are additions. hb1639-00 Page 8 of 9 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 of mental health or therapeutic services to treat a person's 176 perception that his or her sex, as defined in s. 456.001, is 177 inconsistent with such person's sex at birth by affirming the 178 insured's sex. 179 Section 6. Paragraphs (h) and (i) are added to subsection 180 (5) of section 627.6699, Florida Statutes, to read: 181 627.6699 Employee Health Care Access Act.— 182 (5) AVAILABILITY OF COVERAGE.— 183 (h)1. A health benefit plan that is delivered or issued to 184 an individual or a group in the state may offer, for an 185 appropriate additional premium, coverage for sex-reassignment 186 prescriptions or procedures, as defined in s. 456.001, only if 187 the same health benefit plan also provides coverage for 188 treatment to detransition from the sex-reassignment 189 prescriptions or procedures. 190 2. A carrier that delivers or issues a health benefit plan 191 that provides coverage described under subparagraph 1. must also 192 offer a health benefit plan that does not provide such coverage. 193 (i) A health benefit plan that is delivered or issued to 194 an individual or a group in the state may not prohibit the 195 coverage of mental health or therapeutic services to treat a 196 person's perception that his or her sex, as defined in s. 197 456.001, is inconsistent with such person's sex at birth by 198 affirming the insured's sex. 199 Section 7. Subsections (48) and (49) are added to section 200 HB 1639 2024 CODING: Words stricken are deletions; words underlined are additions. hb1639-00 Page 9 of 9 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 641.31, Florida Statutes, to read: 201 641.31 Health maintenance contracts.— 202 (48)(a) A health maintenance contract that is delivered or 203 issued to a subscriber or group in the state may offer, for an 204 appropriate additional premium, coverage for sex-reassignment 205 prescriptions or procedures, as defined in s. 456.001, only if 206 the same health maintenance contract also provides coverage for 207 treatment to detransition from the sex-reassignment 208 prescriptions or procedures. 209 (b) A health maintenance organization that delivers or 210 issues a health maintenance contract that provides coverage 211 described under paragraph (a) must also offer a health 212 maintenance contract that does not provide such coverage. 213 (49) A health maintenance contract that is delivered or 214 issued to a subscriber or group in the state may not prohibit 215 the coverage of mental health or therapeutic services to treat a 216 person's perception that his or her sex, as defined in s. 217 456.001, is inconsistent with such person's sex at birth by 218 affirming the insured's sex. 219 Section 8. This act shall take effect July 1, 2024. 220