Text of FL S 1010 (2026)

Florida Senate - 2026 SB 1010 By Senator Yarborough 4-01353B-26 20261010__ 1 A bill to be entitled 2 An act relating to enforcement of protections for 3 minors; amending s. 456.52, F.S.; providing criminal 4 penalties for health care practitioners who willfully 5 or actively aid or abet another in a violation of 6 specified provisions; amending s. 766.318, F.S.; 7 authorizing the Attorney General to conduct 8 investigations of alleged violations of a specified 9 provision and commence a civil action for damages, 10 injunctive relief, and civil penalties upon 11 determining a violation has occurred; providing that 12 damages recovered pursuant to certain civil actions 13 accrue to the benefit of the injured minor; creating 14 s. 1014.07, F.S.; creating a cause of action to 15 recover damages against certain public employees and 16 health care practitioners for violations of specified 17 provisions; authorizing the Attorney General to 18 conduct investigations of alleged violations of 19 specified provisions and commence a civil action for 20 damages, injunctive relief, and civil penalties upon 21 determining a violation has occurred; providing that 22 damages recovered pursuant to certain civil actions 23 accrue to the benefit of the injured minor; providing 24 that certain limitations on punitive damages do not 25 apply to such actions; specifying the timeframe within 26 which such actions may be commenced; providing 27 construction; reenacting s. 456.074(5)(c), F.S., 28 relating to the immediate suspension of license of 29 certain health care practitioners, to incorporate the 30 amendment made to s. 456.52, F.S., in a reference 31 thereto; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Paragraph (b) of subsection (5) of section 36 456.52, Florida Statutes, is amended to read: 37 456.52 Sex-reassignment prescriptions and procedures; 38 prohibitions; informed consent.— 39 (5) 40 (b) Any health care practitioner who willfully or actively 41 participates, or aids or abets another, in a violation of 42 subsection (1) commits a felony of the third degree, punishable 43 as provided in s. 775.082, s. 775.083, or s. 775.084. 44 Section 2. Section 766.318, Florida Statutes, is amended to 45 read: 46 766.318 Civil liability for provision of sex-reassignment 47 prescriptions or procedures to minors.— 48 (1) A cause of action exists to recover damages for 49 personal injury or death resulting from the provision of sex 50 reassignment prescriptions or procedures, as defined in s. 51 456.001, to a person younger than 18 years of age which are 52 prohibited by s. 456.52(1). 53 (2) The Attorney General may conduct investigations of 54 alleged violations of s. 456.52(1) and, if the Attorney General 55 determines that such a violation has occurred, may commence a 56 civil action under this section for damages, injunctive relief, 57 and civil penalties of up to $100,000 for each violation. 58 (3) Any damages recovered pursuant to a civil action 59 brought under this section will accrue to the benefit of the 60 injured minor. 61 (4)(2) The limitations on punitive damages in s. 768.73(1) 62 do not apply to actions brought under this section. 63 (5)(3) An action brought under this section: 64 (a) May be commenced within 20 years after the cessation or 65 completion of the sex-reassignment prescription or procedure. 66 (b) Is in addition to any other remedy authorized by law. 67 (6)(4) The cause of action created by this section does not 68 apply to: 69 (a) Treatment with sex-reassignment prescriptions if such 70 treatment is consistent with s. 456.001(9)(a)1. or 2. and was 71 commenced on or before, and is still active on, May 17, 2023. 72 (b) Sex-reassignment prescriptions or procedures that were 73 ceased or completed on or before May 17, 2023. 74 Section 3. Section 1014.07, Florida Statutes, is created to 75 read: 76 1014.07 Civil liability.— 77 (1) A cause of action exists against an employee of the 78 state, any of its political subdivisions, or any other 79 governmental entity who violates any of the parental rights 80 specified in s. 1014.04 or against a health care practitioner 81 who provides, or solicits or arranges to provide, health care 82 services or prescribes medicinal drugs to a minor child without 83 parental consent in violation of s. 1014.06. 84 (2) The Attorney General may conduct investigations of 85 alleged violations of s. 1014.04 or s. 1014.06 and, if the 86 Attorney General determines that such a violation has occurred, 87 may commence a civil action under this section for damages, 88 injunctive relief, and civil penalties of up to $100,000 for 89 each violation. 90 (3) Any damages recovered pursuant to a civil action 91 brought under this section will accrue to the benefit of the 92 affected minor. 93 (4) The limitations on punitive damages in s. 768.73(1) do 94 not apply to actions brought under this section. 95 (5) An action brought under this section: 96 (a) May be commenced within 2 years after the violation 97 occurs. 98 (b) Is in addition to any other remedy authorized by law. 99 Section 4. For the purpose of incorporating the amendment 100 made by this act to section 456.52, Florida Statutes, in a 101 reference thereto, paragraph (c) of subsection (5) of section 102 456.074, Florida Statutes, is reenacted to read: 103 456.074 Certain health care practitioners; immediate 104 suspension of license.— 105 (5) The department shall issue an emergency order 106 suspending the license of any health care practitioner who is 107 arrested for committing or attempting, soliciting, or conspiring 108 to commit any act that would constitute a violation of any of 109 the following criminal offenses in this state or similar 110 offenses in another jurisdiction: 111 (c) Section 456.52(5)(b), relating to prescribing, 112 administering, or performing sex-reassignment prescriptions or 113 procedures for a patient younger than 18 years of age. 114 Section 5. This act shall take effect July 1, 2026.