NO. This is one of the most common pieces of misinformation that has caused fear among parents of trans youth in Florida. SB 254 DOES NOT permits the state of FL to investigate parents or take custody of trans children who are receiving gender-affirming care.

SB 254 is not like the measures enacted in Texas that allowed for dependency system (foster care/child welfare) investigations or involvement when minors received treatment for gender dysphoria.

Providing your child access to treatment for gender dysphoria does NOT constitute “child abuse” in Florida.

Parents have EVERY right to take their child out of state to access gender-affirming care in a state without a ban. There is NOTHING prohibiting this.

What the “custody provision” in SB 254 does say:

The custody provision of SB 254 allows Florida courts to modify (change) existing out-of-state custody orders (i.e. a state other than Florida). If a parent from another state does not want their child to receive blockers or hormones, they can bring their child to Florida and ask a court to take “temporarily emergency jurisdiction” over the CASE (not the child) and can ask the court to modify the out-of-state custody order to favor the non-affirming parent temporarily.

IT DEPENDS. For minors who initiated treatment prior to the bans going into effect, they can continue accessing that care due to the “grandfather provision” (i.e. continued use exception). For minors who have not yet initiated gender-affirming care, they cannot be prescribed such care in Florida, but they CAN access gender-affirming care out of state in any state without a ban.

See the Legal Landscape page for more information.

YES. Transgender adults can access any gender-affirming care (hormones, surgeries, etc.) but currently, they must have such care prescribed by a physician - i.e. an M.D. or a D.O. (not an APRN, NP, etc.) This provision was permanently enjoined and struck down by the federal court in our lawsuit Doe v. Ladapo, but that case is on appeal at the 11th Circuit at this time. See the “Legal Landscape” page for more information.

YES. Florida’s “Bathroom Ban” is a discriminatory policy that requires all government owned buildings, schools, and jails to create a policy regarding bathroom use based on sex assigned at birth. The law requires that state owned facilities have either: (1) restrooms designated for exclusive use for males and for females based on sex assigned at birth; OR‍ ‍(2) a unisex bathroom and changing room (i.e. single-user space with walls and a door).

Further, The only way that the bathroom bathroom ban can be enforced in public state-owned facilities is as follows:

• If the facility has a policy that requires bathrooms be segregated by sex assigned at birth; AND

• You use a non-single-user bathroom aligned with your gender identity; AND

• An employee of the facility asks you to leave the bathroom; AND

• You refuse to leave; AND

• The employee calls the police to have you trespassed; AND

• You wait for the police to arrive (which you are under no obligation to do!) ….

• THEN and only then can you be trespassed from the building.

Note: the bathroom ban has only been enforced against one person since it went into effect in May of 2023, and that person came from out of state and publicly notified the Florida legislature that she intended to use the women’s restroom in the Florida Capitol.

NO. While the FLHSMV stopped amending gender markers on Florida Licenses and IDs in January of 2024, there is absolutely no reason to believe anyone could be penalized for having a license or ID that reflects the correct gender marker (aligned with their gender identity).

YES. You can change your name through a court order for legal name change, and subsequently update your name on all of your government-issued identification documents (state and federal). Additionally, you can amend the gender marker on your U.S. Passport to reflect your gender identity (follow this guidance to obtain a first time Passport or amend an existing Passport).

Visit the Legal Landscape page for more information.