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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 biological sex; amending s. 1.01, 2
F.S.; defining terms relating to the sex of an 3
individual in the context of the construction of the 4
Florida Statutes; amending s. 103.091, F.S.; providing 5
that a certain birth certificate statement deter mines 6
whether a person is male or female and may serve as a 7
committeeman or committeewoman, respectively; amending 8
ss. 322.051, 322.08, and 322.14, F.S.; revising 9
provisions related to applications for disability 10
identification cards, application requireme nts for 11
driver licenses and identification cards, and 12
requirements for issued driver licenses, respectively, 13
to replace references to the term "gender" with the 14
term "sex"; creating s. 322.195, F.S.; prohibiting the 15
department from issuing original or repl acement driver 16
licenses or identification cards that contain 17
specified information; requiring the department to 18
require applicants to sign an affidavit certifying 19
specified information submitted on the application for 20
a new or replacement driver license or identification 21
card; requiring the department to revoke a driver 22
license or identification card if it determines that 23
an applicant made a false attestation; creating s. 24
627.6411, F.S., and amending ss. 627.657, 627.6699, 25
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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
and 641.31, F.S.; requiring that i ndividual health 26
insurance policies, group health insurance policies, 27
health benefit plans, and health maintenance 28
contracts, respectively, providing coverage for sex -29
reassignment prescriptions or procedures must also 30
provide coverage for treatment to detr ansition from 31
such sex-reassignment prescriptions or procedures; 32
defining the term "detransition"; requiring health 33
insurers, insurance carriers, and health maintenance 34
organizations providing coverage of sex -reassignment 35
prescriptions or procedures to als o offer policies, 36
plans, and contracts, as applicable, that do not 37
provide such coverage; providing that policies, plans, 38
and contracts may not prohibit coverage of certain 39
mental health and therapeutic services; amending s. 40
760.02, F.S.; defining the term "sex" for purposes of 41
the Florida Civil Rights Act of 1992; amending s. 42
760.07, F.S.; revising provisions related to remedies 43
for unlawful discrimination to include protection on 44
the basis of sex, rather than gender; creating s. 45
760.09, F.S.; defining ter ms and providing 46
construction for the application of specified 47
provisions; specifying the standard of scrutiny for 48
specified provisions; providing construction; 49
requiring certain governmental entities to identify 50
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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
specified information for data -gathering purposes; 51
amending ss. 760.60 and 760.80, F.S.; revising 52
provisions related to discriminatory practices of 53
certain clubs and minority representation on boards, 54
commissions, councils, and committees, respectively, 55
to replace references to the term "gender" wi th the 56
term "sex"; amending s. 627.6475, F.S.; conforming 57
cross-references; providing severability; providing an 58
effective date. 59
60
Be It Enacted by the Legislature of the State of Florida: 61
62
Section 1. Subsection (20) is added to section 1.01, 63
Florida Statutes, to read: 64
1.01 Definitions.—In construing these statutes and each 65
and every word, phrase, or part hereof, where the context will 66
permit: 67
(20) Notwithstanding any state law to the contrary, with 68
respect to the identification of a person's sex in the 69
application of any state law or rules or regulations, the 70
following terms have the following meanings: 71
(a) "Sex" means the classification of a human person as 72
either male or female based on the organization of the body of 73
such person for a specif ic reproductive role, as indicated by 74
the person's sex chromosomes, naturally occurring sex hormones, 75
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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
and internal and external genitalia present at birth. All 76
references to the term "gender" in these statutes must be deemed 77
to refer solely to sex as defin ed in this section, unless a 78
different meaning is plainly required by context to qualify, 79
limit, or define a specific word or phrase. 80
(b) "Female" means a person belonging, at birth, to the 81
biological sex that has the specific reproductive role of 82
producing ova. 83
(c) "Male" means a person belonging, at birth, to the 84
biological sex that has the specific reproductive role of 85
producing sperm. 86
(d) "Woman" and "girl" refer to human females, and the 87
terms "man" and "boy" refer to human males. 88
(e) "Mother" means a female parent, and the term "father" 89
means a male parent. 90
(f) "Equal," with respect to sex, does not mean "same" or 91
"identical." 92
Section 2. Subsection (9) is added to section 103.091, 93
Florida Statutes, to read: 94
103.091 Political parties. — 95
(9) For purposes of this section, the statement of 96
biological sex on a person's official birth certificate filed at 97
or near the time of the person's birth determines whether the 98
person is male or female and may serve as a committeeman or 99
committeewoman, respectively. 100
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Section 3. Paragraph (a) of subsection (1) of section 101
322.051, Florida Statutes, is amended to read: 102
322.051 Identification cards. — 103
(1) Any person who is 5 years of age or older, or any 104
person who has a disability, regardless of age, who applies for 105
a disabled parking permit under s. 320.0848, may be issued an 106
identification card by the department upon completion of an 107
application and payment of an application fee. 108
(a) The application must include the following information 109
regarding the applicant: 110
1. Full name (first, middle or maiden, and last), sex 111
gender, proof of social security card number satisfactory to the 112
department, which may include a military identification card, 113
county of residence, mailing address, proof of residential 114
address satisfactory to the department, country of birth, and a 115
brief description. 116
2. Proof of birth date satisfactory to the department. 117
3. Proof of identity satisfactory to the department. Such 118
proof must include one of the following documents issue d to the 119
applicant: 120
a. A driver license record or identification card record 121
from another jurisdiction that required the applicant to submit 122
a document for identification which is substantially similar to 123
a document required under sub -subparagraph b., sub-subparagraph 124
c., sub-subparagraph d., sub -subparagraph e., sub -subparagraph 125
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f., sub-subparagraph g., or sub -subparagraph h.; 126
b. A certified copy of a United States birth certificate; 127
c. A valid, unexpired United States passport; 128
d. A naturalization certificate issued by the United 129
States Department of Homeland Security; 130
e. A valid, unexpired alien registration receipt card 131
(green card); 132
f. A Consular Report of Birth Abroad provided by the 133
United States Department of State; 134
g. An unexpired empl oyment authorization card issued by 135
the United States Department of Homeland Security; or 136
h. Proof of nonimmigrant classification provided by the 137
United States Department of Homeland Security, for an original 138
identification card. In order to prove nonimm igrant 139
classification, an applicant must provide at least one of the 140
following documents. In addition, the department may require 141
applicants to produce United States Department of Homeland 142
Security documents for the sole purpose of establishing the 143
maintenance of, or efforts to maintain, continuous lawful 144
presence: 145
(I) A notice of hearing from an immigration court 146
scheduling a hearing on any proceeding. 147
(II) A notice from the Board of Immigration Appeals 148
acknowledging pendency of an appeal. 149
(III) A notice of the approval of an application for 150
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adjustment of status issued by the United States Citizenship and 151
Immigration Services. 152
(IV) An official documentation confirming the filing of a 153
petition for asylum or refugee status or any other relief issued 154
by the United States Citizenship and Immigration Services. 155
(V) A notice of action transferring any pending matter 156
from another jurisdiction to Florida, issued by the United 157
States Citizenship and Immigration Services. 158
(VI) An order of an immigration jud ge or immigration 159
officer granting relief that authorizes the alien to live and 160
work in the United States, including, but not limited to, 161
asylum. 162
(VII) Evidence that an application is pending for 163
adjustment of status to that of an alien lawfully admitted for 164
permanent residence in the United States or conditional 165
permanent resident status in the United States, if a visa number 166
is available having a current priority date for processing by 167
the United States Citizenship and Immigration Services. 168
(VIII) On or after January 1, 2010, an unexpired foreign 169
passport with an unexpired United States Visa affixed, 170
accompanied by an approved I -94, documenting the most recent 171
admittance into the United States. 172
173
An identification card issued based on documents required in 174
sub-subparagraph g. or sub -subparagraph h. is valid for a period 175
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not to exceed the expiration date of the document presented or 1 176
year, whichever occurs first. 177
Section 4. Paragraph (a) of subsection (2) of section 178
322.08, Florida Statutes, is amend ed to read: 179
322.08 Application for license; requirements for license 180
and identification card forms. — 181
(2) Each such application shall include the following 182
information regarding the applicant: 183
(a) Full name (first, middle or maiden, and last), sex 184
gender, proof of social security card number satisfactory to the 185
department, which may include a military identification card, 186
county of residence, mailing address, proof of residential 187
address satisfactory to the department, country of birth, and a 188
brief description. 189
Section 5. Paragraph (a) of subsection (1) of section 190
322.14, Florida Statutes, is amended to read: 191
322.14 Licenses issued to drivers. — 192
(1)(a) The department shall, upon successful completion of 193
all required examinations and payment of the required fee, issue 194
to every qualified applicant a printed driver license that must 195
bear a color photograph or digital image of the licensee; the 196
name of the state; a distinguishing number assigned to the 197
licensee, which, beginning November 1, 2023, must have a minimum 198
of four randomly generated digits on each original, renewal, or 199
replacement driver license; and the licensee's full name, date 200
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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 birth, and residence address; a brief description of the 201
licensee, including, but not limited to, the licensee's sex 202
gender and height; and the dates of issuance and expiration of 203
the license. A space must shall be provided upon which the 204
licensee must shall affix his or her usual signature. A license 205
is invalid until it has been signed by the licensee except that 206
the signature of the licensee is not required if it appears 207
thereon in facsimile or if the licensee is not present within 208
this the state at the time of issuance. 209
Section 6. Section 322.195, Florida Statutes, is created 210
to read: 211
322.195 Specification of a person's sex on driver licenses 212
and identification cards. —The department may not issue an 213
original or replacement driver license or identification card 214
that specifies a person's sex as different from that specified 215
on the person's original certificate of live birth. The 216
department must require an applicant to sign an affidavit 217
certifying that the sex specified on the application submitted 218
for a new or replacement driver license or identification card 219
is identical to that specified on the applicant's original 220
certificate of live birth. If the department determines that the 221
applicant made a false attestation, the department must revoke 222
his or her driver license or identification card. 223
Section 7. Section 627.6411, Florida Statutes, is created 224
to read: 225
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627.6411 Coverage of certain treatment. — 226
(1) Any health insurance policy delivered or issued in 227
this state on or after July 1, 2024, which provides, for an 228
appropriate additional premium, coverage for sex -reassignment 229
prescriptions or procedures as defined in s. 456.001 must also 230
provide coverage for treatment to detransition from such sex -231
reassignment prescriptions or procedures. As used in this 232
subsection, the term "detransition" means to reverse or attempt 233
to reverse the effects of sex -reassignment prescriptions or 234
procedures as defined in s. 456.001. 235
(2) A health insurer that delivers or issues a health 236
insurance policy in this state providing co verage described 237
under subsection (1) must also offer a health insurance policy 238
that does not provide such coverage. 239
(3) Any health insurance policy delivered or issued in 240
this state on or after July 1, 2024, may not prohibit the 241
coverage of mental healt h or therapeutic services to treat a 242
person's perception that his or her sex is inconsistent with the 243
person's sex at birth by affirming the insured's sex as defined 244
in s. 456.001. 245
Section 8. Subsections (4), (5), and (6) are added to 246
section 627.657, Florida Statutes, to read: 247
627.657 Provisions of group health insurance policies. — 248
(4) Any group health insurance policy delivered or issued 249
in this state on or after July 1, 2024, which provides, for an 250
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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
appropriate additional premium, coverage for sex -reassignment 251
prescriptions or procedures as defined in s. 456.001 must also 252
provide coverage for treatment to detransition from such sex -253
reassignment prescriptions or procedures. As used in this 254
subsection, the term "detransition" means to reverse or atte mpt 255
to reverse the effects of sex -reassignment prescriptions or 256
procedures as defined in s. 456.001. 257
(5) A group health insurer that delivers or issues a group 258
health insurance policy in this state providing coverage 259
described under subsection (4) must a lso offer a group health 260
insurance policy that does not provide such coverage. 261
(6) Any group health insurance policy delivered or issued 262
in this state on or after July 1, 2024, may not prohibit the 263
coverage of mental health or therapeutic services to tre at a 264
person's perception that his or her sex is inconsistent with the 265
person's sex at birth by affirming the insured's sex as defined 266
in s. 456.001. 267
Section 9. Present subsections (5) through (17) of section 268
627.6699, Florida Statutes, are redesignated as subsections (6) 269
through (18), respectively, a new subsection (5) is added to 270
that section, and paragraphs (a), (n), (p), (q), (s), and (t) of 271
subsection (3), paragraph (b) of present subsection (6), 272
paragraphs (c) and (d) of present subsection (9), and paragraphs 273
(a) through (d) of present subsection (10) are amended, to read: 274
627.6699 Employee Health Care Access Act. — 275
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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
(3) DEFINITIONS.—As used in this section, the term: 276
(a) "Actuarial certification" means a written statement, 277
by a member of the Am erican Academy of Actuaries or another 278
person acceptable to the office, that a small employer carrier 279
is in compliance with subsection (7) (6), based upon the 280
person's examination, including a review of the appropriate 281
records and of the actuarial assumpti ons and methods used by the 282
carrier in establishing premium rates for applicable health 283
benefit plans. 284
(n) "Modified community rating" means a method used to 285
develop carrier premiums which spreads financial risk across a 286
large population; allows the use of separate rating factors for 287
age, gender, family composition, tobacco usage, and geographic 288
area as determined under paragraph (6)(f) (5)(f); and allows 289
adjustments for: claims experience, health status, or duration 290
of coverage as permitted under subpara graph (7)(b)5. (6)(b)5.; 291
and administrative and acquisition expenses as permitted under 292
subparagraph (7)(b)5. (6)(b)5. 293
(p) "Plan of operation" means the plan of operation of the 294
program, including articles, bylaws, and operating rules, 295
adopted by the board under subsection (12) (11). 296
(q) "Program" means the Florida Small Employer Carrier 297
Reinsurance Program created unde r subsection (12) (11). 298
(s) "Reinsuring carrier" means a small employer carrier 299
that elects to comply with the requirements set forth in 300
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subsection (12) (11). 301
(t) "Risk-assuming carrier" means a small employer carrier 302
that elects to comply with the req uirements set forth in 303
subsection (11) (10). 304
(5) REQUIREMENTS FOR CERTAIN COVERAGE. — 305
(a) Any health benefit plan delivered or issued in this 306
state on or after July 1, 2024, which provides, for an 307
appropriate additional premium, coverage for sex -reassignment 308
prescriptions or procedures as defined in s. 456.001 must also 309
provide coverage for treatment to detransition from such sex -310
reassignment prescriptions or procedures. As used in this 311
subsection, the term "detransition" means to reverse or attempt 312
to reverse the effects of sex -reassignment prescriptions or 313
procedures as defined in s. 456.001. 314
(b) A carrier that delivers or issues a health benefit 315
plan in this state providing coverage described under paragraph 316
(a) must also offer a health benefit plan that does not provide 317
such coverage. 318
(c) Any health benefit plan delivered or issued in this 319
state on or after July 1, 2024, may not prohibit the coverage of 320
mental health or therapeutic services to treat a person's 321
perception that his or her sex is inco nsistent with the person's 322
sex at birth by affirming the insured's sex as defined in s. 323
456.001. 324
(7)(6) RESTRICTIONS RELATING TO PREMIUM RATES. — 325
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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
(b) For all small employer health benefit plans that are 326
subject to this section and issued by small employer carriers on 327
or after January 1, 1994, premium rates for health benefit plans 328
are subject to the following: 329
1. Small employer carriers must use a modified community 330
rating methodology in which the premium for each small employer 331
is determined solely on the basis of the eligible employee's and 332
eligible dependent's gender, age, family composition, tobacco 333
use, or geographic area as determined under paragraph (6)(f) 334
(5)(f) and in which the premium may be adjusted as permitted by 335
this paragraph. A sma ll employer carrier is not required to use 336
gender as a rating factor for a nongrandfathered health plan. 337
2. Rating factors related to age, gender, family 338
composition, tobacco use, or geographic location may be 339
developed by each carrier to reflect the car rier's experience. 340
The factors used by carriers are subject to office review and 341
approval. 342
3. Small employer carriers may not modify the rate for a 343
small employer for 12 months from the initial issue date or 344
renewal date, unless the composition of the gr oup changes or 345
benefits are changed. However, a small employer carrier may 346
modify the rate one time within the 12 months after the initial 347
issue date for a small employer who enrolls under a previously 348
issued group policy that has a common anniversary date for all 349
employers covered under the policy if: 350
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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. The carrier discloses to the employer in a clear and 351
conspicuous manner the date of the first renewal and the fact 352
that the premium may increase on or after that date. 353
b. The insurer demonstrates to th e office that 354
efficiencies in administration are achieved and reflected in the 355
rates charged to small employers covered under the policy. 356
4. A carrier may issue a group health insurance policy to 357
a small employer health alliance or other group associatio n with 358
rates that reflect a premium credit for expense savings 359
attributable to administrative activities being performed by the 360
alliance or group association if such expense savings are 361
specifically documented in the insurer's rate filing and are 362
approved by the office. Any such credit may not be based on 363
different morbidity assumptions or on any other factor related 364
to the health status or claims experience of any person covered 365
under the policy. This subparagraph does not exempt an alliance 366
or group association from licensure for activities that require 367
licensure under the insurance code. A carrier issuing a group 368
health insurance policy to a small employer health alliance or 369
other group association shall allow any properly licensed and 370
appointed agent of that carrier to market and sell the small 371
employer health alliance or other group association policy. Such 372
agent shall be paid the usual and customary commission paid to 373
any agent selling the policy. 374
5. Any adjustments in rates for claims experience, hea lth 375
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status, or duration of coverage may not be charged to individual 376
employees or dependents. For a small employer's policy, such 377
adjustments may not result in a rate for the small employer 378
which deviates more than 15 percent from the carrier's approved 379
rate. Any such adjustment must be applied uniformly to the rates 380
charged for all employees and dependents of the small employer. 381
A small employer carrier may make an adjustment to a small 382
employer's renewal premium, up to 10 percent annually, due to 383
the claims experience, health status, or duration of coverage of 384
the employees or dependents of the small employer. If the 385
aggregate resulting from the application of such adjustment 386
exceeds the premium that would have been charged by application 387
of the approved modified community rate by 4 percent for the 388
current policy term, the carrier shall limit the application of 389
such adjustments only to minus adjustments. For any subsequent 390
policy term, if the total aggregate adjusted premium actually 391
charged does not exceed the premium that would have been charged 392
by application of the approved modified community rate by 4 393
percent, the carrier may apply both plus and minus adjustments. 394
A small employer carrier may provide a credit to a small 395
employer's premium based on admin istrative and acquisition 396
expense differences resulting from the size of the group. Group 397
size administrative and acquisition expense factors may be 398
developed by each carrier to reflect the carrier's experience 399
and are subject to office review and approval . 400
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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
6. A small employer carrier rating methodology may include 401
separate rating categories for one dependent child, for two 402
dependent children, and for three or more dependent children for 403
family coverage of employees having a spouse and dependent 404
children or employees having dependent children only. A small 405
employer carrier may have fewer, but not greater, numbers of 406
categories for dependent children than those specified in this 407
subparagraph. 408
7. Small employer carriers may not use a composite rating 409
methodology to rate a small employer with fewer than 10 410
employees. For the purposes of this subparagraph, the term 411
"composite rating methodology" means a rating methodology that 412
averages the impact of the rating factors for age and gender in 413
the premiums charged to all of the employees of a small 414
employer. 415
8. A carrier may separate the experience of small employer 416
groups with fewer than 2 eligible employees from the experience 417
of small employer groups with 2 -50 eligible employees for 418
purposes of determining an alternative modified community 419
rating. 420
a. If a carrier separates the experience of small employer 421
groups, the rate to be charged to small employer groups of fewer 422
than 2 eligible employees may not exceed 150 percent of the rate 423
determined for small empl oyer groups of 2-50 eligible employees. 424
However, the carrier may charge excess losses of the experience 425
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pool consisting of small employer groups with less than 2 426
eligible employees to the experience pool consisting of small 427
employer groups with 2 -50 eligible employees so that all losses 428
are allocated and the 150 -percent rate limit on the experience 429
pool consisting of small employer groups with less than 2 430
eligible employees is maintained. 431
b. Notwithstanding s. 627.411(1), the rate to be charged 432
to a small employer group of fewer than 2 eligible employees, 433
insured as of July 1, 2002, may be up to 125 percent of the rate 434
determined for small employer groups of 2 -50 eligible employees 435
for the first annual renewal and 150 percent for subsequent 436
annual renewals. 437
9. A carrier shall separate the experience of 438
grandfathered health plans from nongrandfathered health plans 439
for determining rates. 440
(10)(9) SMALL EMPLOYER CARRIER'S ELECTION TO BECOME A 441
RISK-ASSUMING CARRIER OR A REINSURING CARRIER. — 442
(c) An election to become a risk-assuming carrier is 443
subject to approval under subsection (11) (10). 444
(d) A small employer carrier that elects to cease 445
participating as a reinsuring carrier and to become a risk -446
assuming carrier is prohibited from reinsuring or continuin g to 447
reinsure any small employer health benefits plan under 448
subsection (12) (11) as soon as the carrier becomes a risk -449
assuming carrier and must pay a prorated assessment based upon 450
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business issued as a reinsuring carrier for any portion of the 451
year that the business was reinsured. A small employer carrier 452
that elects to cease participating as a risk -assuming carrier 453
and to become a reinsuring carrier is permitted to reinsure 454
small employer health benefit plans under the terms set forth in 455
subsection (12) (11) and must pay a prorated assessment based 456
upon business issued as a reinsuring carrier for any portion of 457
the year that the business was reinsured. 458
(11)(10) ELECTION PROCESS TO BECOME A RISK -ASSUMING 459
CARRIER.— 460
(a)1. A small employer carrier may beco me a risk-assuming 461
carrier by filing with the office a designation of election 462
under subsection (10) (9) in a format and manner prescribed by 463
the commission. The office shall approve the election of a small 464
employer carrier to become a risk -assuming carrier if the office 465
finds that the carrier is capable of assuming that status 466
pursuant to the criteria set forth in paragraph (b). 467
2. The office must approve or disapprove any designation 468
as a risk-assuming carrier within 60 days after filing. 469
(b) In determining whether to approve an application by a 470
small employer carrier to become a risk -assuming carrier, the 471
office shall consider: 472
1. The carrier's financial ability to support the 473
assumption of the risk of small employer groups. 474
2. The carrier's histo ry of rating and underwriting small 475
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employer groups. 476
3. The carrier's commitment to market fairly to all small 477
employers in the state or its service area, as applicable. 478
4. The carrier's ability to assume and manage the risk of 479
enrolling small employer groups without the protection of the 480
reinsurance program provided in subsection (12) (11). 481
(c) A small employer carrier that becomes a risk -assuming 482
carrier pursuant to this subsection is not subject to the 483
assessment provisions of subsection (12) (11). 484
(d) The office shall provide public notice of a small 485
employer carrier's designation of election under subsection (10) 486
(9) to become a risk-assuming carrier and shall provide at least 487
a 21-day period for public comment prior to making a decision on 488
the election. The office shall hold a hearing on the election at 489
the request of the carrier. 490
Section 10. Subsections (48), (49), and (50) are added to 491
section 641.31, Florida Statutes, to read: 492
641.31 Health maintenance contracts. — 493
(48) Any health maintenance contract delivered or issued 494
in this state on or after July 1, 2024, which provides, for an 495
appropriate additional premium, coverage for sex -reassignment 496
prescriptions or procedures as defined in s. 456.001 must also 497
provide coverage for treatment to detransition from such sex -498
reassignment prescriptions or procedures. As used in this 499
subsection, the term "detransition" means to reverse or attempt 500
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to reverse the effects of sex -reassignment prescriptions or 501
procedures as defined i n s. 456.001. 502
(49) A health maintenance organization that delivers or 503
issues a health maintenance contract providing coverage 504
described under subsection (48) must also offer a health 505
maintenance contract that does not provide such coverage. 506
(50) Any health maintenance contract delivered or issued 507
in this state on or after July 1, 2024, may not prohibit the 508
coverage of mental health or therapeutic services to treat a 509
person's perception that his or her sex is inconsistent with the 510
person's sex at birth b y affirming the subscriber's sex as 511
defined in s. 456.001. 512
Section 11. Subsection (12) is added to section 760.02, 513
Florida Statutes, to read: 514
760.02 Definitions. —For the purposes of ss. 760.01 -760.11 515
and 509.092, the term: 516
(12) "Sex" means the clas sification of a human person as 517
either male or female based on the organization of the body of 518
such person for a specific reproductive role, as indicated by 519
the person's sex chromosomes, naturally occurring sex hormones, 520
and internal and external genitalia present at birth. 521
Section 12. Section 760.07, Florida Statutes, is amended 522
to read: 523
760.07 Remedies for unlawful discrimination. —Any violation 524
of any Florida statute that makes unlawful discrimination 525
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because of race, color, religion, sex gender, pregnancy, 526
national origin, age, handicap, or marital status in the areas 527
of education, employment, or public accommodations gives rise to 528
a cause of action for all relief and damages described in s. 529
760.11(5), unless greater damages are expressly provided f or. If 530
the statute prohibiting unlawful discrimination provides an 531
administrative remedy, the action for equitable relief and 532
damages provided for in this section may be initiated only after 533
the plaintiff has exhausted his or her administrative remedy. 534
The term "public accommodations" does not include lodge halls or 535
other similar facilities of private organizations which are made 536
available for public use occasionally or periodically. The right 537
to trial by jury is preserved in any case in which the plaintiff 538
is seeking actual or punitive damages. 539
Section 13. Section 760.09, Florida Statutes, is created 540
to read: 541
760.09 Construction. — 542
(1) Notwithstanding any state law to the contrary, with 543
respect to the identification of an individual's sex in the 544
application of this chapter, the following construction applies 545
and the following terms have the following meanings: 546
(a) "Sex" means an individual's biological sex, either 547
male or female, at birth. 548
(b) "Female" means an individual whose biological 549
reproductive system is developed to produce ova, and the term 550
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"male" means an individual whose biological reproductive system 551
is developed to fertilize the ova of a female. 552
(c) "Woman" and "girl" refer to human females, and the 553
terms "man" and "boy" refer to human males. 554
(d) "Mother" means a female parent, and the term "father" 555
means a male parent. 556
(e) "Equal," with respect to biological sex, does not mean 557
"same" or "identical." 558
(f) With respect to biological sex, separate 559
accommodations are not inheren tly unequal. 560
(g) An individual born with a medically verifiable 561
diagnosis of a disorder in sex development must be provided 562
legal protections and accommodations afforded under the 563
Americans with Disabilities Act and applicable state law. 564
(2) Laws and rules that distinguish between the sexes are 565
subject to intermediate constitutional scrutiny. Intermediate 566
constitutional scrutiny forbids unfair discrimination against 567
similarly situated male and female individuals but allows the 568
law to distinguish between the sexes where such distinctions are 569
substantially related to important state interests. 570
Notwithstanding any state law to the contrary, distinctions 571
between the sexes with respect to athletics, prisons or other 572
detention facilities, domestic violence she lters, rape crisis 573
centers, locker rooms, restrooms, and other areas where biology, 574
safety, or privacy are implicated which result in separate 575
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accommodations are substantially related to the important state 576
interest of protecting the health, safety, and pr ivacy of 577
individuals in such circumstances. 578
(3) Any school district, or public school therein, and any 579
state agency, department, or office or political subdivision 580
thereof that collects vital statistics for the purpose of 581
complying with antidiscriminatio n laws or for the purpose of 582
gathering accurate public health, crime, economic, or other data 583
must identify the sex, as defined in s. 1.01(20), of each 584
individual who is part of the collected data identify set. 585
Section 14. Subsection (1) of section 760 .60, Florida 586
Statutes, is amended to read: 587
760.60 Discriminatory practices of certain clubs 588
prohibited; remedies. — 589
(1) It is unlawful for A person to discriminate against 590
any individual because of race, color, religion, sex gender, 591
national origin, han dicap, age above the age of 21, or marital 592
status in evaluating an application for membership in a club 593
that has more than 400 members, that provides regular meal 594
service, and that regularly receives payment for dues, fees, use 595
of space, facilities, servic es, meals, or beverages directly or 596
indirectly from nonmembers for business purposes. It is unlawful 597
for A person, on behalf of such a club, to publish, circulate, 598
issue, display, post, or mail any advertisement, notice, or 599
solicitation that contains a sta tement to the effect that the 600
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accommodations, advantages, facilities, membership, or 601
privileges of the club are denied to any individual because of 602
race, color, religion, sex gender, national origin, handicap, 603
age above the age of 21, or marital status. Th is subsection does 604
not apply to fraternal or benevolent organizations, ethnic 605
clubs, or religious organizations where business activity is not 606
prevalent. 607
Section 15. Subsection (4) of section 760.80, Florida 608
Statutes, is amended to read: 609
760.80 Minority representation on boards, commissions, 610
councils, and committees. — 611
(4) Each appointing authority described in subsection (3) 612
shall submit a report to the Secretary of State annually by 613
December 1 which discloses the number of appointments made 614
during the preceding year from each minority group and the 615
number of nonminority appointments made, expressed both in 616
numerical terms and as a percentage of the total membership of 617
the board, commission, council, or committee. In addition, 618
information must shall be included in the report detailing the 619
number of physically disabled persons appointed to boards, 620
commissions, councils, and committees in the previous calendar 621
year. A copy of the report must shall be submitted to the 622
Governor, the Speaker of the House o f Representatives, and the 623
President of the Senate. In addition, each appointing authority 624
shall designate a person responsible for retaining all 625
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applications for appointment, who shall ensure that information 626
describing each applicant's race, ethnicity, sex gender, 627
physical disability, if applicable, and qualifications is 628
available for public inspection during reasonable hours. Nothing 629
in this section requires disclosure of an applicant's identity 630
or of any other information made confidential by law. 631
Section 16. Subsection (4), paragraphs (a), (e), and (g) 632
of subsection (7), and paragraph (a) of subsection (8) of 633
section 627.6475, Florida Statutes, are amended to read: 634
627.6475 Individual reinsurance pool. — 635
(4) MAINTENANCE OF RECORDS. —Each health insurance issuer 636
that offers individual health insurance must maintain at its 637
principal place of business a complete and detailed description 638
of its rating practices and renewal practices, as required for 639
small employer carriers pursuant to s. 627.6699(9) s. 640
627.6699(8). 641
(7) INDIVIDUAL HEALTH REINSURANCE PROGRAM. — 642
(a) The individual health reinsurance program shall 643
operate subject to the supervision and control of the board of 644
the small employer health reinsurance program established 645
pursuant to s. 627.6699(12) s. 627.6699(11). The board shall 646
establish a separate, segregated account for eligible 647
individuals reinsured pursuant to this section, which account 648
may not be commingled with the small employer health reinsurance 649
account. 650
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(e)1. Before March 1 of each calendar year, the board 651
shall determine and report to the office the program net loss in 652
the individual account for the previous year, including 653
administrative expenses for that year and the incurred losses 654
for that year, taking into account in vestment income and other 655
appropriate gains and losses. 656
2. Any net loss in the individual account for the year 657
shall be recouped by assessing the carriers as follows: 658
a. The operating losses of the program shall be assessed 659
in the following order subje ct to the specified limitations. The 660
first tier of assessments shall be made against reinsuring 661
carriers in an amount that may not exceed 5 percent of each 662
reinsuring carrier's premiums for individual health insurance. 663
If such assessments have been collect ed and additional moneys 664
are needed, the board shall make a second tier of assessments in 665
an amount that may not exceed 0.5 percent of each carrier's 666
health benefit plan premiums. 667
b. Except as provided in paragraph (f), risk -assuming 668
carriers are exempt from all assessments authorized pursuant to 669
this section. The amount paid by a reinsuring carrier for the 670
first tier of assessments shall be credited against any 671
additional assessments made. 672
c. The board shall equitably assess reinsuring carriers 673
for operating losses of the individual account based on market 674
share. The board shall annually assess each carrier a portion of 675
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the operating losses of the individual account. The first tier 676
of assessments shall be determined by multiplying the operating 677
losses by a fraction, the numerator of which equals the 678
reinsuring carrier's earned premium pertaining to direct 679
writings of individual health insurance in the state during the 680
calendar year for which the assessment is levied, and the 681
denominator of which equals t he total of all such premiums 682
earned by reinsuring carriers in the state during that calendar 683
year. The second tier of assessments shall be based on the 684
premiums that all carriers, except risk -assuming carriers, 685
earned on all health benefit plans written i n this state. The 686
board may levy interim assessments against reinsuring carriers 687
to ensure the financial ability of the plan to cover claims 688
expenses and administrative expenses paid or estimated to be 689
paid in the operation of the plan for the calendar yea r prior to 690
the association's anticipated receipt of annual assessments for 691
that calendar year. Any interim assessment is due and payable 692
within 30 days after receipt by a carrier of the interim 693
assessment notice. Interim assessment payments shall be credit ed 694
against the carrier's annual assessment. Health benefit plan 695
premiums and benefits paid by a carrier that are less than an 696
amount determined by the board to justify the cost of collection 697
may not be considered for purposes of determining assessments. 698
d. Subject to the approval of the office, the board shall 699
adjust the assessment formula for reinsuring carriers that are 700
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approved as federally qualified health maintenance organizations 701
by the Secretary of Health and Human Services pursuant to 42 702
U.S.C. s. 300e(c)(2)(A) to the extent, if any, that restrictions 703
are placed on them which are not imposed on other carriers. 704
3. Before March 1 of each year, the board shall determine 705
and file with the office an estimate of the assessments needed 706
to fund the losses incurred by the program in the individual 707
account for the previous calendar year. 708
4. If the board determines that the assessments needed to 709
fund the losses incurred by the program in the individual 710
account for the previous calendar year will exceed the amount 711
specified in subparagraph 2., the board shall evaluate the 712
operation of the program and report its findings and 713
recommendations to the office in the format established in s. 714
627.6699(12) s. 627.6699(11) for the comparable report for the 715
small employer reinsurance program. 716
(g) Except as otherwise provided in this section, the 717
board and the office shall have all powers, duties, and 718
responsibilities with respect to carriers that issue and 719
reinsure individual health insurance, as specified for the boa rd 720
and the office in s. 627.6699(12) s. 627.6699(11) with respect 721
to small employer carriers, including, but not limited to, the 722
provisions of s. 627.6699(12) s. 627.6699(11) relating to: 723
1. Use of assessments that exceed the amount of actual 724
losses and expenses. 725
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2. The annual determination of each carrier's proportion 726
of the assessment. 727
3. Interest for late payment of assessments. 728
4. Authority for the office to approve deferment of an 729
assessment against a carrier. 730
5. Limited immunity from legal a ctions or carriers. 731
6. Development of standards for compensation to be paid to 732
agents. Such standards shall be limited to those specifically 733
enumerated in s. 627.6699(13)(d) s. 627.6699(12)(d). 734
7. Monitoring compliance by carriers with this section. 735
(8) STANDARDS TO ASSURE FAIR MARKETING. — 736
(a) Each health insurance issuer that offers individual 737
health insurance shall actively market coverage to eligible 738
individuals in the state. The provisions of s. 627.6699(13) s. 739
627.6699(12) that apply to small e mployer carriers that market 740
policies to small employers shall also apply to health insurance 741
issuers that offer individual health insurance with respect to 742
marketing policies to individuals. 743
Section 17. If any provision of this act or the 744
application thereof to any person or circumstance is held 745
invalid, the invalidity does not affect other provisions or 746
applications of the act which can be given effect without the 747
invalid provision or application, and to this end the provisions 748
of this act are declare d severable. 749
Section 18. This act shall take effect July 1, 2024. 750