Text of FL H 935 (2021)

Youth Gender and Sexual Identity

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HB 935 2021 CODING: Words stricken are deletions; words underlined are additions. hb0935-00 Page 1 of 4 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 youth gender and sexual identity; 2 creating s. 456.0335, F.S.; providing a short title; 3 defining the term "sex"; providing criminal penalties 4 for health care practitioners who perform or cause 5 specified practices to be performed on a minor under 6 certain conditions; providing applicability; amending 7 s. 1000.05, F.S.; providing an exception to 8 participation in intramural athletics; amending s. 9 1002.20, F.S.; prohibiting certain students from 10 participating on specified high school athletic teams; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 456.0335, Florida Statutes, is created 16 to read: 17 456.0335 Vulnerable Child Protection Act.— 18 (1) This section may be cited as the "Vulnerable Child 19 Protection Act." 20 (2) As used in this section, the term "sex" means the 21 biological state of being female or male based on sex organs, 22 chromosomes, and endogenous hormone profiles. 23 (3) A health care practitioner who performs any of the 24 following practices upon a minor, or who causes such practices 25 HB 935 2021 CODING: Words stricken are deletions; words underlined are additions. hb0935-00 Page 2 of 4 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 to be performed upon a minor, for the purpose of attempting to 26 change the minor's sex or for the purpose of affirming the 27 minor's perception of the minor's sex if that perception is 28 inconsistent with the minor's sex, commits a misdemeanor of the 29 first degree, punishable as provided in s. 775.082 or s. 30 775.083: 31 (a) Performing surgeries that sterilize, including 32 castration, vasectomy, hysterectomy, oophorectomy, 33 metoidioplasty, orchiectomy, penectomy, phalloplasty, and 34 vaginoplasty; 35 (b) Performing a mastectomy; 36 (c) Administering, prescribing, or supplying the following 37 medications that induce transient or permanent infertility: 38 1. Puberty-blocking medication, which stops or delays 39 normal puberty; 40 2. Supraphysiologic doses of testosterone, to females; or 41 3. Supraphysiologic doses of estrogen, to males; or 42 (d) Removing any otherwise healthy or nondiseased body 43 part or tissue. 44 (4) This section does not apply to a health care 45 practitioner acting in accordance with a good faith medical 46 decision of a parent or guardian of a minor born with a 47 medically verifiable genetic disorder of sex development, 48 including: 49 (a) External biological sex characteristics that are 50 HB 935 2021 CODING: Words stricken are deletions; words underlined are additions. hb0935-00 Page 3 of 4 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 unresolvably ambiguous, such as the minor being born with having 51 46 XX chromosomes with virilization, 46 XY chromosomes with 52 undervirilization, or both ovarian and testicular tissue. 53 (b) A sexual development disorder whereby a physician has 54 determined through genetic testing that the minor does not have 55 the normal chromosome structure for a male or a female. 56 Section 2. Paragraph (f) is added to subsection (3) of 57 section 1000.05, Florida Statutes, to read: 58 1000.05 Discrimination against students and employees in 59 the Florida K-20 public education system prohibited; equality of 60 access required.— 61 (3) 62 (f) Paragraphs (a) and (b) do not apply to the eligibility 63 of students to participate on athletic teams designated for 64 girls only as described in s. 1002.20(17)(a)2. 65 Section 3. Paragraph (a) of subsection (17) of section 66 1002.20, Florida Statutes, is amended to read: 67 1002.20 K-12 student and parent rights.—Parents of public 68 school students must receive accurate and timely information 69 regarding their child's academic progress and must be informed 70 of ways they can help their child to succeed in school. K-12 71 students and their parents are afforded numerous statutory 72 rights including, but not limited to, the following: 73 (17) ATHLETICS; PUBLIC HIGH SCHOOL.— 74 (a) Eligibility.— 75 HB 935 2021 CODING: Words stricken are deletions; words underlined are additions. hb0935-00 Page 4 of 4 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 1. Eligibility requirements for all students participating 76 in high school athletic competition must allow a student to be 77 immediately eligible in the school in which he or she first 78 enrolls each school year, the school in which the student makes 79 himself or herself a candidate for an athletic team by engaging 80 in practice before enrolling, or the school to which the student 81 has transferred, in accordance with s. 1006.20(2)(a). 82 2. Only students of the female sex are eligible to 83 participate on athletic teams designated for girls only. As used 84 in this paragraph, "sex" has the same meaning as provided in s. 85 456.0335(2). 86 Section 4. This act shall take effect July 1, 2021. 87