| ENROLLED 2023 Legislature |
CS for SB 254, 2nd Engrossed |
2023254er
to commit any act that would constitute a violation of any of the following criminal offenses in this state or similar offenses in another jurisdiction:
(c) Section 456.52(5)(b), relating to prescribing, administering, or performing sex-reassignment prescriptions or procedures for a patient younger than 18 years of age.
Section 7. Section 766.318, Florida Statutes, is created to read:
766.318 Civil liability for provision of sex-reassignment prescriptions or procedures to minors.—
(1) A cause of action exists to recover damages for personal injury or death resulting from the provision of sex-reassignment prescriptions or procedures, as defined in s. 456.001, to a person younger than 18 years of age which are prohibited by s. 456.52(1).
(2) The limitations on punitive damages in s. 768.73(1) do not apply to actions brought under this section.
(3) An action brought under this section:
(a) May be commenced within 20 years after the cessation or completion of the sex-reassignment prescription or procedure.
(b) Is in addition to any other remedy authorized by law.
(4) The cause of action created by this section does not apply to:
(a) Treatment with sex-reassignment prescriptions if such treatment is consistent with s. 456.001(9)(a)1. or 2. and was commenced on or before, and is still active on, the effective date of this act.
(b) Sex-reassignment prescriptions or procedures that were ceased or completed on or before the effective date of this act.
Page 9 of 10
CODING: Words stricken are deletions; words underlined are additions.
