Florida 2024 Regular Session

Florida House Bill H1233 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1233 2024
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10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to biological sex; amending s. 1.01, 2
16	16	F.S.; defining terms relating to the sex of an 3
17	17	individual in the context of the construction of the 4
18	18	Florida Statutes; amending s. 103.091, F.S.; providing 5
19	19	that a certain birth certificate statement deter mines 6
20	20	whether a person is male or female and may serve as a 7
21	21	committeeman or committeewoman, respectively; amending 8
22	22	ss. 322.051, 322.08, and 322.14, F.S.; revising 9
23	23	provisions related to applications for disability 10
24	24	identification cards, application requireme nts for 11
25	25	driver licenses and identification cards, and 12
26	26	requirements for issued driver licenses, respectively, 13
27	27	to replace references to the term "gender" with the 14
28	28	term "sex"; creating s. 322.195, F.S.; prohibiting the 15
29	29	department from issuing original or repl acement driver 16
30	30	licenses or identification cards that contain 17
31	31	specified information; requiring the department to 18
32	32	require applicants to sign an affidavit certifying 19
33	33	specified information submitted on the application for 20
34	34	a new or replacement driver license or identification 21
35	35	card; requiring the department to revoke a driver 22
36	36	license or identification card if it determines that 23
37	37	an applicant made a false attestation; creating s. 24
38	38	627.6411, F.S., and amending ss. 627.657, 627.6699, 25
39	39
40	40	HB 1233 2024
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47	47	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
48	48
49	49
50	50
51	51	and 641.31, F.S.; requiring that i ndividual health 26
52	52	insurance policies, group health insurance policies, 27
53	53	health benefit plans, and health maintenance 28
54	54	contracts, respectively, providing coverage for sex -29
55	55	reassignment prescriptions or procedures must also 30
56	56	provide coverage for treatment to detr ansition from 31
57	57	such sex-reassignment prescriptions or procedures; 32
58	58	defining the term "detransition"; requiring health 33
59	59	insurers, insurance carriers, and health maintenance 34
60	60	organizations providing coverage of sex -reassignment 35
61	61	prescriptions or procedures to als o offer policies, 36
62	62	plans, and contracts, as applicable, that do not 37
63	63	provide such coverage; providing that policies, plans, 38
64	64	and contracts may not prohibit coverage of certain 39
65	65	mental health and therapeutic services; amending s. 40
66	66	760.02, F.S.; defining the term "sex" for purposes of 41
67	67	the Florida Civil Rights Act of 1992; amending s. 42
68	68	760.07, F.S.; revising provisions related to remedies 43
69	69	for unlawful discrimination to include protection on 44
70	70	the basis of sex, rather than gender; creating s. 45
71	71	760.09, F.S.; defining ter ms and providing 46
72	72	construction for the application of specified 47
73	73	provisions; specifying the standard of scrutiny for 48
74	74	specified provisions; providing construction; 49
75	75	requiring certain governmental entities to identify 50
76	76
77	77	HB 1233 2024
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84	84	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
85	85
86	86
87	87
88	88	specified information for data -gathering purposes; 51
89	89	amending ss. 760.60 and 760.80, F.S.; revising 52
90	90	provisions related to discriminatory practices of 53
91	91	certain clubs and minority representation on boards, 54
92	92	commissions, councils, and committees, respectively, 55
93	93	to replace references to the term "gender" wi th the 56
94	94	term "sex"; amending s. 627.6475, F.S.; conforming 57
95	95	cross-references; providing severability; providing an 58
96	96	effective date. 59
97	97	60
98	98	Be It Enacted by the Legislature of the State of Florida: 61
99	99	62
100	100	Section 1. Subsection (20) is added to section 1.01, 63
101	101	Florida Statutes, to read: 64
102	102	1.01 Definitions.—In construing these statutes and each 65
103	103	and every word, phrase, or part hereof, where the context will 66
104	104	permit: 67
105	105	(20) Notwithstanding any state law to the contrary, with 68
106	106	respect to the identification of a person's sex in the 69
107	107	application of any state law or rules or regulations, the 70
108	108	following terms have the following meanings: 71
109	109	(a) "Sex" means the classification of a human person as 72
110	110	either male or female based on the organization of the body of 73
111	111	such person for a specif ic reproductive role, as indicated by 74
112	112	the person's sex chromosomes, naturally occurring sex hormones, 75
113	113
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121	121	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
122	122
123	123
124	124
125	125	and internal and external genitalia present at birth. All 76
126	126	references to the term "gender" in these statutes must be deemed 77
127	127	to refer solely to sex as defin ed in this section, unless a 78
128	128	different meaning is plainly required by context to qualify, 79
129	129	limit, or define a specific word or phrase. 80
130	130	(b) "Female" means a person belonging, at birth, to the 81
131	131	biological sex that has the specific reproductive role of 82
132	132	producing ova. 83
133	133	(c) "Male" means a person belonging, at birth, to the 84
134	134	biological sex that has the specific reproductive role of 85
135	135	producing sperm. 86
136	136	(d) "Woman" and "girl" refer to human females, and the 87
137	137	terms "man" and "boy" refer to human males. 88
138	138	(e) "Mother" means a female parent, and the term "father" 89
139	139	means a male parent. 90
140	140	(f) "Equal," with respect to sex, does not mean "same" or 91
141	141	"identical." 92
142	142	Section 2. Subsection (9) is added to section 103.091, 93
143	143	Florida Statutes, to read: 94
144	144	103.091 Political parties. — 95
145	145	(9) For purposes of this section, the statement of 96
146	146	biological sex on a person's official birth certificate filed at 97
147	147	or near the time of the person's birth determines whether the 98
148	148	person is male or female and may serve as a committeeman or 99
149	149	committeewoman, respectively. 100
150	150
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158	158	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
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160	160
161	161
162	162	Section 3. Paragraph (a) of subsection (1) of section 101
163	163	322.051, Florida Statutes, is amended to read: 102
164	164	322.051 Identification cards. — 103
165	165	(1) Any person who is 5 years of age or older, or any 104
166	166	person who has a disability, regardless of age, who applies for 105
167	167	a disabled parking permit under s. 320.0848, may be issued an 106
168	168	identification card by the department upon completion of an 107
169	169	application and payment of an application fee. 108
170	170	(a) The application must include the following information 109
171	171	regarding the applicant: 110
172	172	1. Full name (first, middle or maiden, and last), sex 111
173	173	gender, proof of social security card number satisfactory to the 112
174	174	department, which may include a military identification card, 113
175	175	county of residence, mailing address, proof of residential 114
176	176	address satisfactory to the department, country of birth, and a 115
177	177	brief description. 116
178	178	2. Proof of birth date satisfactory to the department. 117
179	179	3. Proof of identity satisfactory to the department. Such 118
180	180	proof must include one of the following documents issue d to the 119
181	181	applicant: 120
182	182	a. A driver license record or identification card record 121
183	183	from another jurisdiction that required the applicant to submit 122
184	184	a document for identification which is substantially similar to 123
185	185	a document required under sub -subparagraph b., sub-subparagraph 124
186	186	c., sub-subparagraph d., sub -subparagraph e., sub -subparagraph 125
187	187
188	188	HB 1233 2024
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195	195	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
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197	197
198	198
199	199	f., sub-subparagraph g., or sub -subparagraph h.; 126
200	200	b. A certified copy of a United States birth certificate; 127
201	201	c. A valid, unexpired United States passport; 128
202	202	d. A naturalization certificate issued by the United 129
203	203	States Department of Homeland Security; 130
204	204	e. A valid, unexpired alien registration receipt card 131
205	205	(green card); 132
206	206	f. A Consular Report of Birth Abroad provided by the 133
207	207	United States Department of State; 134
208	208	g. An unexpired empl oyment authorization card issued by 135
209	209	the United States Department of Homeland Security; or 136
210	210	h. Proof of nonimmigrant classification provided by the 137
211	211	United States Department of Homeland Security, for an original 138
212	212	identification card. In order to prove nonimm igrant 139
213	213	classification, an applicant must provide at least one of the 140
214	214	following documents. In addition, the department may require 141
215	215	applicants to produce United States Department of Homeland 142
216	216	Security documents for the sole purpose of establishing the 143
217	217	maintenance of, or efforts to maintain, continuous lawful 144
218	218	presence: 145
219	219	(I) A notice of hearing from an immigration court 146
220	220	scheduling a hearing on any proceeding. 147
221	221	(II) A notice from the Board of Immigration Appeals 148
222	222	acknowledging pendency of an appeal. 149
223	223	(III) A notice of the approval of an application for 150
224	224
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232	232	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
233	233
234	234
235	235
236	236	adjustment of status issued by the United States Citizenship and 151
237	237	Immigration Services. 152
238	238	(IV) An official documentation confirming the filing of a 153
239	239	petition for asylum or refugee status or any other relief issued 154
240	240	by the United States Citizenship and Immigration Services. 155
241	241	(V) A notice of action transferring any pending matter 156
242	242	from another jurisdiction to Florida, issued by the United 157
243	243	States Citizenship and Immigration Services. 158
244	244	(VI) An order of an immigration jud ge or immigration 159
245	245	officer granting relief that authorizes the alien to live and 160
246	246	work in the United States, including, but not limited to, 161
247	247	asylum. 162
248	248	(VII) Evidence that an application is pending for 163
249	249	adjustment of status to that of an alien lawfully admitted for 164
250	250	permanent residence in the United States or conditional 165
251	251	permanent resident status in the United States, if a visa number 166
252	252	is available having a current priority date for processing by 167
253	253	the United States Citizenship and Immigration Services. 168
254	254	(VIII) On or after January 1, 2010, an unexpired foreign 169
255	255	passport with an unexpired United States Visa affixed, 170
256	256	accompanied by an approved I -94, documenting the most recent 171
257	257	admittance into the United States. 172
258	258	173
259	259	An identification card issued based on documents required in 174
260	260	sub-subparagraph g. or sub -subparagraph h. is valid for a period 175
261	261
262	262	HB 1233 2024
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269	269	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
270	270
271	271
272	272
273	273	not to exceed the expiration date of the document presented or 1 176
274	274	year, whichever occurs first. 177
275	275	Section 4. Paragraph (a) of subsection (2) of section 178
276	276	322.08, Florida Statutes, is amend ed to read: 179
277	277	322.08 Application for license; requirements for license 180
278	278	and identification card forms. — 181
279	279	(2) Each such application shall include the following 182
280	280	information regarding the applicant: 183
281	281	(a) Full name (first, middle or maiden, and last), sex 184
282	282	gender, proof of social security card number satisfactory to the 185
283	283	department, which may include a military identification card, 186
284	284	county of residence, mailing address, proof of residential 187
285	285	address satisfactory to the department, country of birth, and a 188
286	286	brief description. 189
287	287	Section 5. Paragraph (a) of subsection (1) of section 190
288	288	322.14, Florida Statutes, is amended to read: 191
289	289	322.14 Licenses issued to drivers. — 192
290	290	(1)(a) The department shall, upon successful completion of 193
291	291	all required examinations and payment of the required fee, issue 194
292	292	to every qualified applicant a printed driver license that must 195
293	293	bear a color photograph or digital image of the licensee; the 196
294	294	name of the state; a distinguishing number assigned to the 197
295	295	licensee, which, beginning November 1, 2023, must have a minimum 198
296	296	of four randomly generated digits on each original, renewal, or 199
297	297	replacement driver license; and the licensee's full name, date 200
298	298
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306	306	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
307	307
308	308
309	309
310	310	of birth, and residence address; a brief description of the 201
311	311	licensee, including, but not limited to, the licensee's sex 202
312	312	gender and height; and the dates of issuance and expiration of 203
313	313	the license. A space must shall be provided upon which the 204
314	314	licensee must shall affix his or her usual signature. A license 205
315	315	is invalid until it has been signed by the licensee except that 206
316	316	the signature of the licensee is not required if it appears 207
317	317	thereon in facsimile or if the licensee is not present within 208
318	318	this the state at the time of issuance. 209
319	319	Section 6. Section 322.195, Florida Statutes, is created 210
320	320	to read: 211
321	321	322.195 Specification of a person's sex on driver licenses 212
322	322	and identification cards. —The department may not issue an 213
323	323	original or replacement driver license or identification card 214
324	324	that specifies a person's sex as different from that specified 215
325	325	on the person's original certificate of live birth. The 216
326	326	department must require an applicant to sign an affidavit 217
327	327	certifying that the sex specified on the application submitted 218
328	328	for a new or replacement driver license or identification card 219
329	329	is identical to that specified on the applicant's original 220
330	330	certificate of live birth. If the department determines that the 221
331	331	applicant made a false attestation, the department must revoke 222
332	332	his or her driver license or identification card. 223
333	333	Section 7. Section 627.6411, Florida Statutes, is created 224
334	334	to read: 225
335	335
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343	343	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
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346	346
347	347	627.6411 Coverage of certain treatment. — 226
348	348	(1) Any health insurance policy delivered or issued in 227
349	349	this state on or after July 1, 2024, which provides, for an 228
350	350	appropriate additional premium, coverage for sex -reassignment 229
351	351	prescriptions or procedures as defined in s. 456.001 must also 230
352	352	provide coverage for treatment to detransition from such sex -231
353	353	reassignment prescriptions or procedures. As used in this 232
354	354	subsection, the term "detransition" means to reverse or attempt 233
355	355	to reverse the effects of sex -reassignment prescriptions or 234
356	356	procedures as defined in s. 456.001. 235
357	357	(2) A health insurer that delivers or issues a health 236
358	358	insurance policy in this state providing co verage described 237
359	359	under subsection (1) must also offer a health insurance policy 238
360	360	that does not provide such coverage. 239
361	361	(3) Any health insurance policy delivered or issued in 240
362	362	this state on or after July 1, 2024, may not prohibit the 241
363	363	coverage of mental healt h or therapeutic services to treat a 242
364	364	person's perception that his or her sex is inconsistent with the 243
365	365	person's sex at birth by affirming the insured's sex as defined 244
366	366	in s. 456.001. 245
367	367	Section 8. Subsections (4), (5), and (6) are added to 246
368	368	section 627.657, Florida Statutes, to read: 247
369	369	627.657 Provisions of group health insurance policies. — 248
370	370	(4) Any group health insurance policy delivered or issued 249
371	371	in this state on or after July 1, 2024, which provides, for an 250
372	372
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380	380	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
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382	382
383	383
384	384	appropriate additional premium, coverage for sex -reassignment 251
385	385	prescriptions or procedures as defined in s. 456.001 must also 252
386	386	provide coverage for treatment to detransition from such sex -253
387	387	reassignment prescriptions or procedures. As used in this 254
388	388	subsection, the term "detransition" means to reverse or atte mpt 255
389	389	to reverse the effects of sex -reassignment prescriptions or 256
390	390	procedures as defined in s. 456.001. 257
391	391	(5) A group health insurer that delivers or issues a group 258
392	392	health insurance policy in this state providing coverage 259
393	393	described under subsection (4) must a lso offer a group health 260
394	394	insurance policy that does not provide such coverage. 261
395	395	(6) Any group health insurance policy delivered or issued 262
396	396	in this state on or after July 1, 2024, may not prohibit the 263
397	397	coverage of mental health or therapeutic services to tre at a 264
398	398	person's perception that his or her sex is inconsistent with the 265
399	399	person's sex at birth by affirming the insured's sex as defined 266
400	400	in s. 456.001. 267
401	401	Section 9. Present subsections (5) through (17) of section 268
402	402	627.6699, Florida Statutes, are redesignated as subsections (6) 269
403	403	through (18), respectively, a new subsection (5) is added to 270
404	404	that section, and paragraphs (a), (n), (p), (q), (s), and (t) of 271
405	405	subsection (3), paragraph (b) of present subsection (6), 272
406	406	paragraphs (c) and (d) of present subsection (9), and paragraphs 273
407	407	(a) through (d) of present subsection (10) are amended, to read: 274
408	408	627.6699 Employee Health Care Access Act. — 275
409	409
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417	417	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
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421	421	(3) DEFINITIONS.—As used in this section, the term: 276
422	422	(a) "Actuarial certification" means a written statement, 277
423	423	by a member of the Am erican Academy of Actuaries or another 278
424	424	person acceptable to the office, that a small employer carrier 279
425	425	is in compliance with subsection (7) (6), based upon the 280
426	426	person's examination, including a review of the appropriate 281
427	427	records and of the actuarial assumpti ons and methods used by the 282
428	428	carrier in establishing premium rates for applicable health 283
429	429	benefit plans. 284
430	430	(n) "Modified community rating" means a method used to 285
431	431	develop carrier premiums which spreads financial risk across a 286
432	432	large population; allows the use of separate rating factors for 287
433	433	age, gender, family composition, tobacco usage, and geographic 288
434	434	area as determined under paragraph (6)(f) (5)(f); and allows 289
435	435	adjustments for: claims experience, health status, or duration 290
436	436	of coverage as permitted under subpara graph (7)(b)5. (6)(b)5.; 291
437	437	and administrative and acquisition expenses as permitted under 292
438	438	subparagraph (7)(b)5. (6)(b)5. 293
439	439	(p) "Plan of operation" means the plan of operation of the 294
440	440	program, including articles, bylaws, and operating rules, 295
441	441	adopted by the board under subsection (12) (11). 296
442	442	(q) "Program" means the Florida Small Employer Carrier 297
443	443	Reinsurance Program created unde r subsection (12) (11). 298
444	444	(s) "Reinsuring carrier" means a small employer carrier 299
445	445	that elects to comply with the requirements set forth in 300
446	446
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454	454	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
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456	456
457	457
458	458	subsection (12) (11). 301
459	459	(t) "Risk-assuming carrier" means a small employer carrier 302
460	460	that elects to comply with the req uirements set forth in 303
461	461	subsection (11) (10). 304
462	462	(5) REQUIREMENTS FOR CERTAIN COVERAGE. — 305
463	463	(a) Any health benefit plan delivered or issued in this 306
464	464	state on or after July 1, 2024, which provides, for an 307
465	465	appropriate additional premium, coverage for sex -reassignment 308
466	466	prescriptions or procedures as defined in s. 456.001 must also 309
467	467	provide coverage for treatment to detransition from such sex -310
468	468	reassignment prescriptions or procedures. As used in this 311
469	469	subsection, the term "detransition" means to reverse or attempt 312
470	470	to reverse the effects of sex -reassignment prescriptions or 313
471	471	procedures as defined in s. 456.001. 314
472	472	(b) A carrier that delivers or issues a health benefit 315
473	473	plan in this state providing coverage described under paragraph 316
474	474	(a) must also offer a health benefit plan that does not provide 317
475	475	such coverage. 318
476	476	(c) Any health benefit plan delivered or issued in this 319
477	477	state on or after July 1, 2024, may not prohibit the coverage of 320
478	478	mental health or therapeutic services to treat a person's 321
479	479	perception that his or her sex is inco nsistent with the person's 322
480	480	sex at birth by affirming the insured's sex as defined in s. 323
481	481	456.001. 324
482	482	(7)(6) RESTRICTIONS RELATING TO PREMIUM RATES. — 325
483	483
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491	491	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
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495	495	(b) For all small employer health benefit plans that are 326
496	496	subject to this section and issued by small employer carriers on 327
497	497	or after January 1, 1994, premium rates for health benefit plans 328
498	498	are subject to the following: 329
499	499	1. Small employer carriers must use a modified community 330
500	500	rating methodology in which the premium for each small employer 331
501	501	is determined solely on the basis of the eligible employee's and 332
502	502	eligible dependent's gender, age, family composition, tobacco 333
503	503	use, or geographic area as determined under paragraph (6)(f) 334
504	504	(5)(f) and in which the premium may be adjusted as permitted by 335
505	505	this paragraph. A sma ll employer carrier is not required to use 336
506	506	gender as a rating factor for a nongrandfathered health plan. 337
507	507	2. Rating factors related to age, gender, family 338
508	508	composition, tobacco use, or geographic location may be 339
509	509	developed by each carrier to reflect the car rier's experience. 340
510	510	The factors used by carriers are subject to office review and 341
511	511	approval. 342
512	512	3. Small employer carriers may not modify the rate for a 343
513	513	small employer for 12 months from the initial issue date or 344
514	514	renewal date, unless the composition of the gr oup changes or 345
515	515	benefits are changed. However, a small employer carrier may 346
516	516	modify the rate one time within the 12 months after the initial 347
517	517	issue date for a small employer who enrolls under a previously 348
518	518	issued group policy that has a common anniversary date for all 349
519	519	employers covered under the policy if: 350
520	520
521	521	HB 1233 2024
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb1233-00
527	527	Page 15 of 30
528	528	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
529	529
530	530
531	531
532	532	a. The carrier discloses to the employer in a clear and 351
533	533	conspicuous manner the date of the first renewal and the fact 352
534	534	that the premium may increase on or after that date. 353
535	535	b. The insurer demonstrates to th e office that 354
536	536	efficiencies in administration are achieved and reflected in the 355
537	537	rates charged to small employers covered under the policy. 356
538	538	4. A carrier may issue a group health insurance policy to 357
539	539	a small employer health alliance or other group associatio n with 358
540	540	rates that reflect a premium credit for expense savings 359
541	541	attributable to administrative activities being performed by the 360
542	542	alliance or group association if such expense savings are 361
543	543	specifically documented in the insurer's rate filing and are 362
544	544	approved by the office. Any such credit may not be based on 363
545	545	different morbidity assumptions or on any other factor related 364
546	546	to the health status or claims experience of any person covered 365
547	547	under the policy. This subparagraph does not exempt an alliance 366
548	548	or group association from licensure for activities that require 367
549	549	licensure under the insurance code. A carrier issuing a group 368
550	550	health insurance policy to a small employer health alliance or 369
551	551	other group association shall allow any properly licensed and 370
552	552	appointed agent of that carrier to market and sell the small 371
553	553	employer health alliance or other group association policy. Such 372
554	554	agent shall be paid the usual and customary commission paid to 373
555	555	any agent selling the policy. 374
556	556	5. Any adjustments in rates for claims experience, hea lth 375
557	557
558	558	HB 1233 2024
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb1233-00
564	564	Page 16 of 30
565	565	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
566	566
567	567
568	568
569	569	status, or duration of coverage may not be charged to individual 376
570	570	employees or dependents. For a small employer's policy, such 377
571	571	adjustments may not result in a rate for the small employer 378
572	572	which deviates more than 15 percent from the carrier's approved 379
573	573	rate. Any such adjustment must be applied uniformly to the rates 380
574	574	charged for all employees and dependents of the small employer. 381
575	575	A small employer carrier may make an adjustment to a small 382
576	576	employer's renewal premium, up to 10 percent annually, due to 383
577	577	the claims experience, health status, or duration of coverage of 384
578	578	the employees or dependents of the small employer. If the 385
579	579	aggregate resulting from the application of such adjustment 386
580	580	exceeds the premium that would have been charged by application 387
581	581	of the approved modified community rate by 4 percent for the 388
582	582	current policy term, the carrier shall limit the application of 389
583	583	such adjustments only to minus adjustments. For any subsequent 390
584	584	policy term, if the total aggregate adjusted premium actually 391
585	585	charged does not exceed the premium that would have been charged 392
586	586	by application of the approved modified community rate by 4 393
587	587	percent, the carrier may apply both plus and minus adjustments. 394
588	588	A small employer carrier may provide a credit to a small 395
589	589	employer's premium based on admin istrative and acquisition 396
590	590	expense differences resulting from the size of the group. Group 397
591	591	size administrative and acquisition expense factors may be 398
592	592	developed by each carrier to reflect the carrier's experience 399
593	593	and are subject to office review and approval . 400
594	594
595	595	HB 1233 2024
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb1233-00
601	601	Page 17 of 30
602	602	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
603	603
604	604
605	605
606	606	6. A small employer carrier rating methodology may include 401
607	607	separate rating categories for one dependent child, for two 402
608	608	dependent children, and for three or more dependent children for 403
609	609	family coverage of employees having a spouse and dependent 404
610	610	children or employees having dependent children only. A small 405
611	611	employer carrier may have fewer, but not greater, numbers of 406
612	612	categories for dependent children than those specified in this 407
613	613	subparagraph. 408
614	614	7. Small employer carriers may not use a composite rating 409
615	615	methodology to rate a small employer with fewer than 10 410
616	616	employees. For the purposes of this subparagraph, the term 411
617	617	"composite rating methodology" means a rating methodology that 412
618	618	averages the impact of the rating factors for age and gender in 413
619	619	the premiums charged to all of the employees of a small 414
620	620	employer. 415
621	621	8. A carrier may separate the experience of small employer 416
622	622	groups with fewer than 2 eligible employees from the experience 417
623	623	of small employer groups with 2 -50 eligible employees for 418
624	624	purposes of determining an alternative modified community 419
625	625	rating. 420
626	626	a. If a carrier separates the experience of small employer 421
627	627	groups, the rate to be charged to small employer groups of fewer 422
628	628	than 2 eligible employees may not exceed 150 percent of the rate 423
629	629	determined for small empl oyer groups of 2-50 eligible employees. 424
630	630	However, the carrier may charge excess losses of the experience 425
631	631
632	632	HB 1233 2024
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb1233-00
638	638	Page 18 of 30
639	639	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
640	640
641	641
642	642
643	643	pool consisting of small employer groups with less than 2 426
644	644	eligible employees to the experience pool consisting of small 427
645	645	employer groups with 2 -50 eligible employees so that all losses 428
646	646	are allocated and the 150 -percent rate limit on the experience 429
647	647	pool consisting of small employer groups with less than 2 430
648	648	eligible employees is maintained. 431
649	649	b. Notwithstanding s. 627.411(1), the rate to be charged 432
650	650	to a small employer group of fewer than 2 eligible employees, 433
651	651	insured as of July 1, 2002, may be up to 125 percent of the rate 434
652	652	determined for small employer groups of 2 -50 eligible employees 435
653	653	for the first annual renewal and 150 percent for subsequent 436
654	654	annual renewals. 437
655	655	9. A carrier shall separate the experience of 438
656	656	grandfathered health plans from nongrandfathered health plans 439
657	657	for determining rates. 440
658	658	(10)(9) SMALL EMPLOYER CARRIER'S ELECTION TO BECOME A 441
659	659	RISK-ASSUMING CARRIER OR A REINSURING CARRIER. — 442
660	660	(c) An election to become a risk-assuming carrier is 443
661	661	subject to approval under subsection (11) (10). 444
662	662	(d) A small employer carrier that elects to cease 445
663	663	participating as a reinsuring carrier and to become a risk -446
664	664	assuming carrier is prohibited from reinsuring or continuin g to 447
665	665	reinsure any small employer health benefits plan under 448
666	666	subsection (12) (11) as soon as the carrier becomes a risk -449
667	667	assuming carrier and must pay a prorated assessment based upon 450
668	668
669	669	HB 1233 2024
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb1233-00
675	675	Page 19 of 30
676	676	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
677	677
678	678
679	679
680	680	business issued as a reinsuring carrier for any portion of the 451
681	681	year that the business was reinsured. A small employer carrier 452
682	682	that elects to cease participating as a risk -assuming carrier 453
683	683	and to become a reinsuring carrier is permitted to reinsure 454
684	684	small employer health benefit plans under the terms set forth in 455
685	685	subsection (12) (11) and must pay a prorated assessment based 456
686	686	upon business issued as a reinsuring carrier for any portion of 457
687	687	the year that the business was reinsured. 458
688	688	(11)(10) ELECTION PROCESS TO BECOME A RISK -ASSUMING 459
689	689	CARRIER.— 460
690	690	(a)1. A small employer carrier may beco me a risk-assuming 461
691	691	carrier by filing with the office a designation of election 462
692	692	under subsection (10) (9) in a format and manner prescribed by 463
693	693	the commission. The office shall approve the election of a small 464
694	694	employer carrier to become a risk -assuming carrier if the office 465
695	695	finds that the carrier is capable of assuming that status 466
696	696	pursuant to the criteria set forth in paragraph (b). 467
697	697	2. The office must approve or disapprove any designation 468
698	698	as a risk-assuming carrier within 60 days after filing. 469
699	699	(b) In determining whether to approve an application by a 470
700	700	small employer carrier to become a risk -assuming carrier, the 471
701	701	office shall consider: 472
702	702	1. The carrier's financial ability to support the 473
703	703	assumption of the risk of small employer groups. 474
704	704	2. The carrier's histo ry of rating and underwriting small 475
705	705
706	706	HB 1233 2024
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb1233-00
712	712	Page 20 of 30
713	713	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
714	714
715	715
716	716
717	717	employer groups. 476
718	718	3. The carrier's commitment to market fairly to all small 477
719	719	employers in the state or its service area, as applicable. 478
720	720	4. The carrier's ability to assume and manage the risk of 479
721	721	enrolling small employer groups without the protection of the 480
722	722	reinsurance program provided in subsection (12) (11). 481
723	723	(c) A small employer carrier that becomes a risk -assuming 482
724	724	carrier pursuant to this subsection is not subject to the 483
725	725	assessment provisions of subsection (12) (11). 484
726	726	(d) The office shall provide public notice of a small 485
727	727	employer carrier's designation of election under subsection (10) 486
728	728	(9) to become a risk-assuming carrier and shall provide at least 487
729	729	a 21-day period for public comment prior to making a decision on 488
730	730	the election. The office shall hold a hearing on the election at 489
731	731	the request of the carrier. 490
732	732	Section 10. Subsections (48), (49), and (50) are added to 491
733	733	section 641.31, Florida Statutes, to read: 492
734	734	641.31 Health maintenance contracts. — 493
735	735	(48) Any health maintenance contract delivered or issued 494
736	736	in this state on or after July 1, 2024, which provides, for an 495
737	737	appropriate additional premium, coverage for sex -reassignment 496
738	738	prescriptions or procedures as defined in s. 456.001 must also 497
739	739	provide coverage for treatment to detransition from such sex -498
740	740	reassignment prescriptions or procedures. As used in this 499
741	741	subsection, the term "detransition" means to reverse or attempt 500
742	742
743	743	HB 1233 2024
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb1233-00
749	749	Page 21 of 30
750	750	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
751	751
752	752
753	753
754	754	to reverse the effects of sex -reassignment prescriptions or 501
755	755	procedures as defined i n s. 456.001. 502
756	756	(49) A health maintenance organization that delivers or 503
757	757	issues a health maintenance contract providing coverage 504
758	758	described under subsection (48) must also offer a health 505
759	759	maintenance contract that does not provide such coverage. 506
760	760	(50) Any health maintenance contract delivered or issued 507
761	761	in this state on or after July 1, 2024, may not prohibit the 508
762	762	coverage of mental health or therapeutic services to treat a 509
763	763	person's perception that his or her sex is inconsistent with the 510
764	764	person's sex at birth b y affirming the subscriber's sex as 511
765	765	defined in s. 456.001. 512
766	766	Section 11. Subsection (12) is added to section 760.02, 513
767	767	Florida Statutes, to read: 514
768	768	760.02 Definitions. —For the purposes of ss. 760.01 -760.11 515
769	769	and 509.092, the term: 516
770	770	(12) "Sex" means the clas sification of a human person as 517
771	771	either male or female based on the organization of the body of 518
772	772	such person for a specific reproductive role, as indicated by 519
773	773	the person's sex chromosomes, naturally occurring sex hormones, 520
774	774	and internal and external genitalia present at birth. 521
775	775	Section 12. Section 760.07, Florida Statutes, is amended 522
776	776	to read: 523
777	777	760.07 Remedies for unlawful discrimination. —Any violation 524
778	778	of any Florida statute that makes unlawful discrimination 525
779	779
780	780	HB 1233 2024
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb1233-00
786	786	Page 22 of 30
787	787	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
788	788
789	789
790	790
791	791	because of race, color, religion, sex gender, pregnancy, 526
792	792	national origin, age, handicap, or marital status in the areas 527
793	793	of education, employment, or public accommodations gives rise to 528
794	794	a cause of action for all relief and damages described in s. 529
795	795	760.11(5), unless greater damages are expressly provided f or. If 530
796	796	the statute prohibiting unlawful discrimination provides an 531
797	797	administrative remedy, the action for equitable relief and 532
798	798	damages provided for in this section may be initiated only after 533
799	799	the plaintiff has exhausted his or her administrative remedy. 534
800	800	The term "public accommodations" does not include lodge halls or 535
801	801	other similar facilities of private organizations which are made 536
802	802	available for public use occasionally or periodically. The right 537
803	803	to trial by jury is preserved in any case in which the plaintiff 538
804	804	is seeking actual or punitive damages. 539
805	805	Section 13. Section 760.09, Florida Statutes, is created 540
806	806	to read: 541
807	807	760.09 Construction. — 542
808	808	(1) Notwithstanding any state law to the contrary, with 543
809	809	respect to the identification of an individual's sex in the 544
810	810	application of this chapter, the following construction applies 545
811	811	and the following terms have the following meanings: 546
812	812	(a) "Sex" means an individual's biological sex, either 547
813	813	male or female, at birth. 548
814	814	(b) "Female" means an individual whose biological 549
815	815	reproductive system is developed to produce ova, and the term 550
816	816
817	817	HB 1233 2024
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb1233-00
823	823	Page 23 of 30
824	824	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
825	825
826	826
827	827
828	828	"male" means an individual whose biological reproductive system 551
829	829	is developed to fertilize the ova of a female. 552
830	830	(c) "Woman" and "girl" refer to human females, and the 553
831	831	terms "man" and "boy" refer to human males. 554
832	832	(d) "Mother" means a female parent, and the term "father" 555
833	833	means a male parent. 556
834	834	(e) "Equal," with respect to biological sex, does not mean 557
835	835	"same" or "identical." 558
836	836	(f) With respect to biological sex, separate 559
837	837	accommodations are not inheren tly unequal. 560
838	838	(g) An individual born with a medically verifiable 561
839	839	diagnosis of a disorder in sex development must be provided 562
840	840	legal protections and accommodations afforded under the 563
841	841	Americans with Disabilities Act and applicable state law. 564
842	842	(2) Laws and rules that distinguish between the sexes are 565
843	843	subject to intermediate constitutional scrutiny. Intermediate 566
844	844	constitutional scrutiny forbids unfair discrimination against 567
845	845	similarly situated male and female individuals but allows the 568
846	846	law to distinguish between the sexes where such distinctions are 569
847	847	substantially related to important state interests. 570
848	848	Notwithstanding any state law to the contrary, distinctions 571
849	849	between the sexes with respect to athletics, prisons or other 572
850	850	detention facilities, domestic violence she lters, rape crisis 573
851	851	centers, locker rooms, restrooms, and other areas where biology, 574
852	852	safety, or privacy are implicated which result in separate 575
853	853
854	854	HB 1233 2024
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb1233-00
860	860	Page 24 of 30
861	861	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
862	862
863	863
864	864
865	865	accommodations are substantially related to the important state 576
866	866	interest of protecting the health, safety, and pr ivacy of 577
867	867	individuals in such circumstances. 578
868	868	(3) Any school district, or public school therein, and any 579
869	869	state agency, department, or office or political subdivision 580
870	870	thereof that collects vital statistics for the purpose of 581
871	871	complying with antidiscriminatio n laws or for the purpose of 582
872	872	gathering accurate public health, crime, economic, or other data 583
873	873	must identify the sex, as defined in s. 1.01(20), of each 584
874	874	individual who is part of the collected data identify set. 585
875	875	Section 14. Subsection (1) of section 760 .60, Florida 586
876	876	Statutes, is amended to read: 587
877	877	760.60 Discriminatory practices of certain clubs 588
878	878	prohibited; remedies. — 589
879	879	(1) It is unlawful for A person to discriminate against 590
880	880	any individual because of race, color, religion, sex gender, 591
881	881	national origin, han dicap, age above the age of 21, or marital 592
882	882	status in evaluating an application for membership in a club 593
883	883	that has more than 400 members, that provides regular meal 594
884	884	service, and that regularly receives payment for dues, fees, use 595
885	885	of space, facilities, servic es, meals, or beverages directly or 596
886	886	indirectly from nonmembers for business purposes. It is unlawful 597
887	887	for A person, on behalf of such a club, to publish, circulate, 598
888	888	issue, display, post, or mail any advertisement, notice, or 599
889	889	solicitation that contains a sta tement to the effect that the 600
890	890
891	891	HB 1233 2024
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb1233-00
897	897	Page 25 of 30
898	898	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
899	899
900	900
901	901
902	902	accommodations, advantages, facilities, membership, or 601
903	903	privileges of the club are denied to any individual because of 602
904	904	race, color, religion, sex gender, national origin, handicap, 603
905	905	age above the age of 21, or marital status. Th is subsection does 604
906	906	not apply to fraternal or benevolent organizations, ethnic 605
907	907	clubs, or religious organizations where business activity is not 606
908	908	prevalent. 607
909	909	Section 15. Subsection (4) of section 760.80, Florida 608
910	910	Statutes, is amended to read: 609
911	911	760.80 Minority representation on boards, commissions, 610
912	912	councils, and committees. — 611
913	913	(4) Each appointing authority described in subsection (3) 612
914	914	shall submit a report to the Secretary of State annually by 613
915	915	December 1 which discloses the number of appointments made 614
916	916	during the preceding year from each minority group and the 615
917	917	number of nonminority appointments made, expressed both in 616
918	918	numerical terms and as a percentage of the total membership of 617
919	919	the board, commission, council, or committee. In addition, 618
920	920	information must shall be included in the report detailing the 619
921	921	number of physically disabled persons appointed to boards, 620
922	922	commissions, councils, and committees in the previous calendar 621
923	923	year. A copy of the report must shall be submitted to the 622
924	924	Governor, the Speaker of the House o f Representatives, and the 623
925	925	President of the Senate. In addition, each appointing authority 624
926	926	shall designate a person responsible for retaining all 625
927	927
928	928	HB 1233 2024
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb1233-00
934	934	Page 26 of 30
935	935	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
936	936
937	937
938	938
939	939	applications for appointment, who shall ensure that information 626
940	940	describing each applicant's race, ethnicity, sex gender, 627
941	941	physical disability, if applicable, and qualifications is 628
942	942	available for public inspection during reasonable hours. Nothing 629
943	943	in this section requires disclosure of an applicant's identity 630
944	944	or of any other information made confidential by law. 631
945	945	Section 16. Subsection (4), paragraphs (a), (e), and (g) 632
946	946	of subsection (7), and paragraph (a) of subsection (8) of 633
947	947	section 627.6475, Florida Statutes, are amended to read: 634
948	948	627.6475 Individual reinsurance pool. — 635
949	949	(4) MAINTENANCE OF RECORDS. —Each health insurance issuer 636
950	950	that offers individual health insurance must maintain at its 637
951	951	principal place of business a complete and detailed description 638
952	952	of its rating practices and renewal practices, as required for 639
953	953	small employer carriers pursuant to s. 627.6699(9) s. 640
954	954	627.6699(8). 641
955	955	(7) INDIVIDUAL HEALTH REINSURANCE PROGRAM. — 642
956	956	(a) The individual health reinsurance program shall 643
957	957	operate subject to the supervision and control of the board of 644
958	958	the small employer health reinsurance program established 645
959	959	pursuant to s. 627.6699(12) s. 627.6699(11). The board shall 646
960	960	establish a separate, segregated account for eligible 647
961	961	individuals reinsured pursuant to this section, which account 648
962	962	may not be commingled with the small employer health reinsurance 649
963	963	account. 650
964	964
965	965	HB 1233 2024
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
970	970	hb1233-00
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972	972	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
973	973
974	974
975	975
976	976	(e)1. Before March 1 of each calendar year, the board 651
977	977	shall determine and report to the office the program net loss in 652
978	978	the individual account for the previous year, including 653
979	979	administrative expenses for that year and the incurred losses 654
980	980	for that year, taking into account in vestment income and other 655
981	981	appropriate gains and losses. 656
982	982	2. Any net loss in the individual account for the year 657
983	983	shall be recouped by assessing the carriers as follows: 658
984	984	a. The operating losses of the program shall be assessed 659
985	985	in the following order subje ct to the specified limitations. The 660
986	986	first tier of assessments shall be made against reinsuring 661
987	987	carriers in an amount that may not exceed 5 percent of each 662
988	988	reinsuring carrier's premiums for individual health insurance. 663
989	989	If such assessments have been collect ed and additional moneys 664
990	990	are needed, the board shall make a second tier of assessments in 665
991	991	an amount that may not exceed 0.5 percent of each carrier's 666
992	992	health benefit plan premiums. 667
993	993	b. Except as provided in paragraph (f), risk -assuming 668
994	994	carriers are exempt from all assessments authorized pursuant to 669
995	995	this section. The amount paid by a reinsuring carrier for the 670
996	996	first tier of assessments shall be credited against any 671
997	997	additional assessments made. 672
998	998	c. The board shall equitably assess reinsuring carriers 673
999	999	for operating losses of the individual account based on market 674
1000	1000	share. The board shall annually assess each carrier a portion of 675
1001	1001
1002	1002	HB 1233 2024
1003	1003
1004	1004
1005	1005
1006	1006	CODING: Words stricken are deletions; words underlined are additions.
1007	1007	hb1233-00
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1009	1009	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
1010	1010
1011	1011
1012	1012
1013	1013	the operating losses of the individual account. The first tier 676
1014	1014	of assessments shall be determined by multiplying the operating 677
1015	1015	losses by a fraction, the numerator of which equals the 678
1016	1016	reinsuring carrier's earned premium pertaining to direct 679
1017	1017	writings of individual health insurance in the state during the 680
1018	1018	calendar year for which the assessment is levied, and the 681
1019	1019	denominator of which equals t he total of all such premiums 682
1020	1020	earned by reinsuring carriers in the state during that calendar 683
1021	1021	year. The second tier of assessments shall be based on the 684
1022	1022	premiums that all carriers, except risk -assuming carriers, 685
1023	1023	earned on all health benefit plans written i n this state. The 686
1024	1024	board may levy interim assessments against reinsuring carriers 687
1025	1025	to ensure the financial ability of the plan to cover claims 688
1026	1026	expenses and administrative expenses paid or estimated to be 689
1027	1027	paid in the operation of the plan for the calendar yea r prior to 690
1028	1028	the association's anticipated receipt of annual assessments for 691
1029	1029	that calendar year. Any interim assessment is due and payable 692
1030	1030	within 30 days after receipt by a carrier of the interim 693
1031	1031	assessment notice. Interim assessment payments shall be credit ed 694
1032	1032	against the carrier's annual assessment. Health benefit plan 695
1033	1033	premiums and benefits paid by a carrier that are less than an 696
1034	1034	amount determined by the board to justify the cost of collection 697
1035	1035	may not be considered for purposes of determining assessments. 698
1036	1036	d. Subject to the approval of the office, the board shall 699
1037	1037	adjust the assessment formula for reinsuring carriers that are 700
1038	1038
1039	1039	HB 1233 2024
1040	1040
1041	1041
1042	1042
1043	1043	CODING: Words stricken are deletions; words underlined are additions.
1044	1044	hb1233-00
1045	1045	Page 29 of 30
1046	1046	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
1047	1047
1048	1048
1049	1049
1050	1050	approved as federally qualified health maintenance organizations 701
1051	1051	by the Secretary of Health and Human Services pursuant to 42 702
1052	1052	U.S.C. s. 300e(c)(2)(A) to the extent, if any, that restrictions 703
1053	1053	are placed on them which are not imposed on other carriers. 704
1054	1054	3. Before March 1 of each year, the board shall determine 705
1055	1055	and file with the office an estimate of the assessments needed 706
1056	1056	to fund the losses incurred by the program in the individual 707
1057	1057	account for the previous calendar year. 708
1058	1058	4. If the board determines that the assessments needed to 709
1059	1059	fund the losses incurred by the program in the individual 710
1060	1060	account for the previous calendar year will exceed the amount 711
1061	1061	specified in subparagraph 2., the board shall evaluate the 712
1062	1062	operation of the program and report its findings and 713
1063	1063	recommendations to the office in the format established in s. 714
1064	1064	627.6699(12) s. 627.6699(11) for the comparable report for the 715
1065	1065	small employer reinsurance program. 716
1066	1066	(g) Except as otherwise provided in this section, the 717
1067	1067	board and the office shall have all powers, duties, and 718
1068	1068	responsibilities with respect to carriers that issue and 719
1069	1069	reinsure individual health insurance, as specified for the boa rd 720
1070	1070	and the office in s. 627.6699(12) s. 627.6699(11) with respect 721
1071	1071	to small employer carriers, including, but not limited to, the 722
1072	1072	provisions of s. 627.6699(12) s. 627.6699(11) relating to: 723
1073	1073	1. Use of assessments that exceed the amount of actual 724
1074	1074	losses and expenses. 725
1075	1075
1076	1076	HB 1233 2024
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
1081	1081	hb1233-00
1082	1082	Page 30 of 30
1083	1083	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
1084	1084
1085	1085
1086	1086
1087	1087	2. The annual determination of each carrier's proportion 726
1088	1088	of the assessment. 727
1089	1089	3. Interest for late payment of assessments. 728
1090	1090	4. Authority for the office to approve deferment of an 729
1091	1091	assessment against a carrier. 730
1092	1092	5. Limited immunity from legal a ctions or carriers. 731
1093	1093	6. Development of standards for compensation to be paid to 732
1094	1094	agents. Such standards shall be limited to those specifically 733
1095	1095	enumerated in s. 627.6699(13)(d) s. 627.6699(12)(d). 734
1096	1096	7. Monitoring compliance by carriers with this section. 735
1097	1097	(8) STANDARDS TO ASSURE FAIR MARKETING. — 736
1098	1098	(a) Each health insurance issuer that offers individual 737
1099	1099	health insurance shall actively market coverage to eligible 738
1100	1100	individuals in the state. The provisions of s. 627.6699(13) s. 739
1101	1101	627.6699(12) that apply to small e mployer carriers that market 740
1102	1102	policies to small employers shall also apply to health insurance 741
1103	1103	issuers that offer individual health insurance with respect to 742
1104	1104	marketing policies to individuals. 743
1105	1105	Section 17. If any provision of this act or the 744
1106	1106	application thereof to any person or circumstance is held 745
1107	1107	invalid, the invalidity does not affect other provisions or 746
1108	1108	applications of the act which can be given effect without the 747
1109	1109	invalid provision or application, and to this end the provisions 748
1110	1110	of this act are declare d severable. 749
1111	1111	Section 18. This act shall take effect July 1, 2024. 750