The Legal Landscape
Know what laws, rules, and policies are currently in effect, what they mean, and how they impact transgender Floridians.
LEARN TO BE YOUR OWN ADVOCATE
Stop-Gap Florida provides the legal analyses that you can trust!
The content comes directly from Simone Chriss, a civil rights lawyer who is on the front lines fighting for transgender rights in Florida. She is one of the founders of Stop-Gap and on the Board of Camp Silver.
Gender Affirming Care
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The drop down items below provide in-depth, thorough analyses of each of the Florida laws impacting access to gender-affirming care. But for those in need of a brief, succinct answer:
Transgender minors: At this time, medical providers in Florida are prohibited by law from prescribing any new medications to transgender minors in Florida for the treatment of gender dysphoria. However, the “grandfather clause” expressly allows any minor who initiated care (blockers/hormones) prior to the bans to continue receiving such care. And all minors can access gender-affirming care out of state in any state without. ban.
(See below for details about the status of the lawsuit challenging SB 254 and more details about access to care for minors).
Transgender adults: At this time, trans adults in Florida can receive any gender-affirming care they need (including hormones & surgeries), but the care must be prescribed/ performed by a physician (M.D. or D.O.), and the first time a new prescription is written, an in-person visit is required, during which time an “informed consent” form must be completed.
(See below for details about the status of the lawsuit challenging SB 254).
Out-of-state care: There is absolutely nothing prohibiting parents of trans minors from getting their child the gender-affirming care they need out of state (in a state without a ban on such care). Nothing in SB 254, nor any other Florida law, allows the state to investigate parents, nor remove children from parents’ custody, if the minor obtains gender-affirming care. QueerMed.com is an excellent and trusted resource for accessing gender-affirming care out of state.
Florida Medicaid Coverage: At this time, Florida’s Medicaid program will not cover gender-affirming care for Florida Medicaid beneficiaries (of all ages). This is so despite a federal court order declaring the Medicaid ban on GAC to be unconstitutional. Contact Simone Chriss if you need assistance appealing a denial of coverage.
(See below for details about the status of the lawsuit challenging the Florida Medicaid Ban).
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EFFECTIVE DATE: May 17, 2023
CHALLENGED: Lawsuit filed March 23, 2023 (Jane Doe v. Surgeon General Ladapo)
TRIAL: Concluded December 22, 2023
STATUS: ON JUNE 11, 2024, SB 254 WAS PERMANENTLY ENJOINED, RESTORING ACCESS TO GENDER-AFFIRMING CARE FOR ALL TRANSGENDER MINORS AND ADULTS IN FLORIDA!
However, on August 26, 2024, the 11th Circuit Court of Appeals issued a “Stay” in the case, allowing the state to continue enforcing the discriminatory law and rules while the appeal moves forward. Thus, at this time, physicians cannot prescribe new medications (puberty blockers/hormones) to minors in Florida; and trans adults must seek gender-affirming care from a physician (D.O. or M.D.). See below for more details.
SUMMARY: SB 254 banned medical providers from prescribing puberty blockers and hormones to transgender minors who had not initiated treatment prior to May 17, 2023 (including imposing a felony penalty); it also imposed unnecessary burdensome restrictions on access to healthcare for transgender adults; it allows Florida courts to take “temporary emergency jurisdiction” over out-of-state custody cases involving a minor accessing gender-affirming care; and it banned all state funding from being used for gender-affirming care.STATUS OF LEGAL CHALLENGE:
On March 23, 2023, Southern Legal Counsel, HRC, NCLR, GLAD, and Lowenstein Sandler, LLP filed a lawsuit in federal court on behalf of transgender minors and their parents challenging the Florida Boards of Medicine rules banning gender-affirming care for transgender minors.
The case is Jane Doe v. Surgeon General Ladapo, Case No. 4:23-cv-00114-RH-MAF (N.D. Fla. 2023); Doe v. Ladapo, Case No. 24-11996 (11th Cir. 2024).
On May 17, 2023, the Governor signed SB 254 into law, which codified the Boards of Medicine rules and added criminal penalties as well as restrictions for access to gender-affirming care for adults. The lawsuit was amended to include the provisions of SB 254 banning care for minors.
On June 6, 2023, we received an order from the federal court granting our Preliminary Injunction and blocking enforcement of the ban on care for minors, restoring access to gender-affirming care for all transgender minors in Florida as the case moved forward.
On July 21, 2023, we amended the lawsuit to include adult plaintiffs and to challenge the restrictions on transgender adults’ access to gender-affirming care.
On October 18, 2023, the federal court granted our motion to certify the case as a Class Action, ensuring a positive outcome would provide relief to all transgender Floridians, not just those named in the case.
In December 2023, we had a federal bench trial challenging the minor bans and adult restrictions.
On June 11, 2024, we received an Order STRIKING DOWN AND PERMANENTLY ENJOINING (i.e. blocking) the provisions banning care for minors and restricting care for adults! This 105-page Order from Judge Hinkle makes clear that the state's actions were based on bias and animus towards transgender people, and it finds the bans and restrictions to be unconstitutional. Among the provisions struck down is the ban on NPs/APRNs prescribing gender-affirming care to adults, so all transgender adults in Florida can resume receiving care from their trusted non-physician providers. Additionally, the discriminatory fear-mongering "Informed Consent" forms promulgated by the Boards of Medicine are no longer in effect and cannot be required.
On August 26, 2024, unfortunately the 11th Circuit Court of Appeals granted a “Stay” in the case, allowing the state to enforce the discriminatory law and rules as the appeal moves forward. Thus, at this time, physicians cannot prescribe new medications to trans minors in Florida if they were not already on that medication prior, and trans adults must obtain care from an M.D. or D.O. (as opposed to an APRN, NP, etc.).
We feel hopeful that the 11th Circuit will rule in our favor, given the extensive factual record we created at trial and the clearly discriminatory motives that led the state to enact this cruel ban. We had Oral Argument on January 15, 2025, and we await an order from the appellate court.
PLEADINGS:
Read the Final Order striking down SB 254 and the Boards of Medicine rules for all transgender adults and minors in Florida (Doe v. Ladapo, ECF 224)
- Read the Press Release announcing the historic victory in Doe v. Ladapo
- Read the Preliminary Injunction Order blocking enforcement of the minor bans created by the Boards of Medicine and SB 254 (Doe v. Ladapo, ECF 90)
- Read the Press Release about the Preliminary Injunction order
- Read the FAQ about the impact of the Preliminary Injunction blocking care for minors
MYTH BUSTING:
- While the “Stay” order remains in place (allowing enforcement of the discriminatory state ban), transgender minors in the state of Florida CAN initiate treatment out of state. There is nothing prohibiting parents from taking their child to a state without a ban to initiate gender-affirming care (puberty blockers, hormones, etc.). Queermed.com is a trusted resource and provider for out-of-state care for trans minors.
- The state CANNOT take transgender children away from their parents or investigate parents for allowing their child to access gender-affirming medical care!
- Telehealth has NOT been banned for gender-affirming care in FL, rather the first time a medication is prescribed, informed consent must be obtained in person, but telehealth can be used after the initial prescription.
- Adults in Florida CAN receive gender-affirming care, but at this time, while the Stay order is in place, they must obtain care from a physician (M.D. or D.O., as opposed to an NP, APRN, etc.), and they must complete an in-person informed consent form for any new medications prescribed or surgeries.
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THE ORIGINAL FLORIDA BOARDS OF MEDICINE RULES:
Board of Medicine Rule: 64B8-9.019, Fla. Admin. Code
Effective Date: March 16, 2023
Board of Osteopathic Medicine Rule: 64B15-14.014, Fla. Admin. Code
Effective date: March 28, 2023
Summary: The Florida Boards of Medicine rules banned medical providers from prescribing puberty blockers and hormones to transgender minors who had not initiated such treatment prior to March 16, 2023, and banned medical providers from performing gender-affirming surgery on any minor.
Challenged: Lawsuit filed March 23, 2023 (Doe v. Ladapo)
Status: On June 6, 2023, we obtained a Preliminary Injunction from the U.S. District Court for the Northern District of Florida, temporarily blocking enforcement of the discriminatory rules and permitting trans minors to initiate gender-affirming care in Florida as the case proceeded to trial.
Following a trial in federal court in December of 2023, an order was issued on June 11, 2024 and the Boards’ Rules banning minors from receiving gender-affirming care were permanently enjoined (blocked) as a result of our class action federal lawsuit, restoring access to care for all transgender minors in Florida!
However, on August 26, 2024, the 11th Circuit Court of Appeal issued a “Stay” in the case, allowing the state to enforce the discriminatory rules prohibiting physicians from prescribing any new care to trans minors.
We concluded Oral Argument at the Eleventh Circuit Court of Appeals in January of 2025, and we await a ruling from the 11th Circuit.
We are hopeful that the appellate court will see this for what it is: a cruel and bigoted measure that denies safe, effective, medically necessary healthcare from transgender minors without any basis in evidence.
THE MINOR EMERGENCY RULES:
SB 254 required the Florida Boards of Medicine to adopt emergency rules implementing the new law.
64B8ER23-7 and 64B15ER23-9, Fla. Admin. Code (“Sex-reassignment Standards of Practice in Minors”) (Ef. July 5, 2023)
What The Emergency Rules Do:
SB 254 required the Boards to adopt emergency rules implementing the new statute, which included creating “informed consent forms” mandated by the state that patients have to sign prior to receiving care, and the creation of a new standard of care for treating gender dysphoria in minors (despite there already being a Standard of Care, created by experts at WPATH and the Endocrine Society).
The burdensome requirements contained in the Emergency Rules and Informed Consent Forms required for trans minors accessing gender-affirming care in Florida include:
- (i) annual hand x-rays;
- (ii) annual DEXA scans;
- (iii) mandatory annual mental-health assessment to be conducted by a licensed psychiatrist and psychologist;
- (iv) in-person physician visits every six months;
- (iv) suicide assessments by a licensed mental-health professional every three months; and
(v) laboratory testing every four months.
Of note, the discriminatory and fear-mongering "Informed Consent" forms promulgated by the Boards of Medicine (DH5079-MQA, DH5080-MQA, and DH5081-MQA) were found by the trial court judge to be full of misinformation, intentionally inaccurate language, and unnecessary requirements that are not medically indicated.
Pleadings:
- Read the Final Order striking down SB 254 and the Boards of Medicine rules for all transgender adults and minors in Florida (Doe v. Ladapo, ECF 224)
- Read the Press Release announcing the historic victory in Doe v. Ladapo.
- Read the Preliminary Injunction Order blocking enforcement of the minor bans created by the Boards of Medicine and SB 254 (Doe v. Ladapo, ECF 90)
- Read the Press Release about the Preliminary Injunction order
Read the FAQ about the impact of the Preliminary Injunction blocking care for minors
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THE ADULT EMERGENCY RULES
SB 254 required the Florida Boards of Medicine to adopt emergency rules implementing the new law. These rules are referred to as the “Restrictions” (as they do not ban care for trans adults, but they do implement unnecessaries barriers to access gender-affirming care).
Note: Florida was the first state in the country to implement restrictions for transgender adults accessing gender-affirming care. As a result, our case, Doe v. Ladapo, set precedent on the issue nationwide.
Boards of Medicine Emergency Rules for Adults:
64B8ER23-11 and 64B15ER23-10, Fla. Admin. Code (“Mandatory Standardized Informed Consent for Sex-reassignment Prescriptions or Procedures in Adults”)
Effective Date: July 5, 2023 and August 18, 2023, respectively
Challenged: Lawsuit filed March 23, 2023 (Doe v. Ladapo)
Trial: Concluded December 22, 2023
Status: Following a trial in federal court in December of 2023, an order was issued on June 11, 2024 and the Boards’ Rules restricting access to care for trans adults in Florida were permanently enjoined (blocked) as a result of our class action federal lawsuit, restoring access to care (with their chosen provider, including APRNs, NPs, etc.) for all transgender adults in Florida!
However, on August 26, 2024, the 11th Circuit Court of Appeal issued a “Stay” in the case, allowing the state to enforce the discriminatory rules that place unnecessary barriers in the way of trans adults accessing needed healthcare.
We concluded Oral Argument at the Eleventh Circuit Court of Appeals in January of 2025, and we await a ruling from the 11th Circuit.
We are hopeful that the appellate court will see this for what it is: a cruel and bigoted measure that seeks to deny or restrict access to safe, effective, medically necessary healthcare from transgender Floridians without any basis in evidence or science.
More Detail about the Federal Litigation Challenging the Restrictions:
SB 254 imposed unnecessary burdensome restrictions on access to healthcare for transgender adults, including prohibiting non-physicians such as APRNs/NPs from prescribing gender-affirming care (only M.D.s and D.O.s can prescribe); it also required the Boards of Medicine to adopt emergency rules and develop “informed consent forms” that transgender adult patients must sign prior to initiating a new treatment. The forms must be signed in person, requiring an in-person visit each time a new medication or surgery is prescribed.
On May 17, 2023, the Governor signed SB 254 into law, which included a felony ban on gender-affirming care for minors and also restrictions on transgender adults’ access to care; it also required the Boards of Medicine to adopt emergency rules and informed consent forms.
On October 18, 2023, the federal court granted our motion to certify the case as a Class Action, ensuring a positive outcome would provide relief to all transgender Floridians, not just those named in the case.
In December 2023, we had a federal bench trial challenging the minor bans and adult restrictions.
On June 11, 2024, we received an Order striking down and permanently enjoining (i.e. blocking) the provisions of SB 254 (and the implementing rules by the Boards of Medicine) banning care for minors and restricting care for adults! This 105-page Order from Judge Hinkle makes clear that the state's actions were based on bias and animus towards transgender people, and it finds the bans and restrictions to be unconstitutional.
Unfortunately, on August 26, 2024, the 11th Circuit Court of Appeal issued a “Stay” in the case, allowing the state to enforce the discriminatory rules that place unnecessary barriers in the way of trans adults accessing needed healthcare. We await an order from the Eleventh Circuit Court of Appeals in this case.
PLEADINGS:
- Read the Final Order striking down SB 254 and the Boards of Medicine rules for all transgender adults and minors in Florida (Doe v. Ladapo, ECF 224)
- Read the Press Release announcing the historic victory in Doe v. Ladapo
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Florida “Medicaid Ban” (Rule 59G-1.050(7), Fla. Admin. Code), codified by Florida Senate Bill 254 (“SB 254”)
EFFECTIVE DATE: August 21, 2022
CHALLENGED: Filed September 7, 2022
TRIAL: Concluded May 22, 2023
SUMMARY & STATUS:
The Florida Agency for Healthcare Administration (AHCA) adopted a rule to prohibit coverage of any gender-affirming medical care for Florida Medicaid beneficiaries. It carved puberty blockers, hormones, and surgeries for treatment of gender dysphoria out of the services allowed to be covered by FL Medicaid managed care organizations (MCOs).
Southern Legal Counsel (SLC), Lambda Legal, Florida Health Justice Project (FHJP) and National Health Law Program (NHeLP) filed a lawsuit in federal court challenging the ban under the U.S. Constitution’s 14th Amendment, the Medicaid Act, and Section 1557 of the Affordable Care Act.
Following a two-week trial in federal court, a district court judge struck down the Florida Medicaid ban on June 20, 2023, declaring that it violated the US Constitution’s Equal Protection Clause, the Medicaid Act, and Section 1557 of the Affordable Care Act.
However, despite a resounding win at the trial court level, the State of Florida continues to enforce the discriminatory ban, denying coverage for gender-affirming medical care for all transgender Florida Medicaid beneficiaries.
The state of Florida appealed the District Court’s order to the 11th Circuit Court of appeals. We had an oral argument in November of 2024 and we await a ruling from the appellate court.
PLEADINGS:
Read the Order striking down the ban (Dekker v. Weida, ECF 246)
Read an article about the victory striking down the Medicaid ban here
NOTE: If you are a transgender Florida Medicaid beneficiary and you have been denied coverage for your gender-affirming medical care, you can contact Simone Chriss if you would like assistance appealing the denial and seeking a variance/waiver from the discriminatory rule.
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EFFECTIVE: May 17, 2023
SUMMARY: An attempt to grant a broad license for medical providers and insurers to refuse to provide certain healthcare (including gender-affirming care), putting personal beliefs over patients’ well-being. Allows for claiming a “conscience-based objection” based on a religious, moral, or ethical belief to refuse to provide healthcare service or coverage. Applies broadly to healthcare providers (licensed individual or entity; medical students) and healthcare payors (insurance companies, employers paying for coverage)
STATUS: In effect
LGBTQ+ Students’ Rights
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The original “Don’t Say Gay/Trans” law in 2022 (HB 1557) and the expansion of that law in 2023 (HB 1069) (see below for more information on HB 1069) infringe upon the constitutional rights of LGBTQ+ students and families in Florida’s public schools.
EFFECTIVE DATE of HB 1557: July 1, 2022
SUMMARY OF HB 1557: HB 1557 prohibits schools from providing “classroom instruction” on “sexual orientation and gender identity” (originally in grades K-3, now grades PreK - 12th grade) and requires schools to provide notice to parents of any “changes” to the services being offered to their child related to the student's “mental, emotional, or physical health or well-being.”
CHALLENGED: Lawsuit filed July 25, 2022 (Cousins v. Grady)
STATUS OF HB 1557: Challenged in federal court by Southern Legal Counsel (SLC), Lambda Legal, and SPLC on July 25, 2022; settlement reached in separate case on March 11, 2024, language significantly narrowed to make clear that all that is prohibited is “classroom instruction” on sexual orientation and gender identity, but schools can still support and affirm LGBTQ+ students.
MYTH BUSTING (WHAT THE LAWS DON’T DO):
Transgender students are NOT prohibited from using their affirmed names and pronouns at school (and upon request of the parent, school officials MUST respect student’s affirmed name and pronouns)
Students who identify as LGBTQ+ or have LGBTQ+ family members are NOT prohibited from discussing themselves or their families (including in class assignments, projects, events, etc.)
Schools do NOT have to ”out” LGBTQ+ students to their parents or request consent from parents to treat LGBTQ+ students with support and respect (or to use their affirmed pronouns)
Teachers CAN have LGBTQ+ "safe space stickers" and wear things that display messages of pride, inclusion, and affirmation.
LGBTQ+ teachers CAN have pictures of their same-sex spouses or families just like heterosexual teachers are able to.
Schools can NOT prohibit students from forming GSA student groups (gay-straight-alliance or gender-sexuality-alliance student organizations)
Schools MUST protect LGBTQ+ students from bullying and equally enforce non-discrimination laws and policies.
KNOW YOUR RIGHTS DOCUMENT FOR TRANS YOUTH AND THEIR PARENTS:
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EFFECTIVE DATE OF HB 1069: May 17, 2023
SUMMARY OF HB 1069: SB 1069 expanded the harms from the vague and ambiguous “Don’t Say Gay/Trans” law to ban transgender school employees from using their pronouns and titles (Ms./Mr./Mx.) if they don’t align with their sex assigned at birth, and it also allows any student or teacher to disrespect trangender people's affirmed pronouns, and bans school employees from asking for a student’s affirmed pronouns. It also expands book banning to facilitate erasure of LGBTQ+ materials, and restrictively (inaccurately) redefines “sex” for purposes of Florida’s Education Code as: “classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.”
CHALLENGE: Lawsuit filed December 13, 2023 (Wood v. Florida Department of Education)
STATUS OF HB 1069: Challenged in federal court by Southern Legal Counsel (SLC) and SPLC on December 13, 2023; a preliminary injunction was granted by the district court on April 9, 2024 blocking enforcement of the pronoun ban as the case moved forward to trial.
Read about the Preliminary Injunction blocking enforcement of the pronoun ban - and read the Court’s Order - here.
The State of Florida appealed the trial courts’ order (which found in favor of the plaintiff, a transgender teacher) to the 11th Circuit Court of Appeals.
On July 2, 2025, the appellate court issued an intellectually dishonest and profoundly disappointing order reversing the trial court’s decision on the First Amendment claim and finding that the State of Florida has the right to censor teachers’ speech about their own identity in Florida’s public school classrooms.
On August 13, 2025, the District Court for the Northern District of Florida granted Summary Judgment in favor of Plaintiffs (transgender teachers), ruling in our favor that the discriminatory pronoun ban law violates transgender teachers’ rights under Title VII of the Civil Rights Act of 1964.
However, Judge Walker “stayed” the case until the resolution of another case involving a Title VII claim on behalf of a transgender employee which is being reconsidered by the Eleventh Circuit Court of Appeals (Lange v. Houston County, Georgia).
Read the order ruling in our favor on Summary Judgment here.
MYTH BUSTING (WHAT THE LAWS DON’T DO):
Transgender students are NOT prohibited from using their affirmed names and pronouns at school (and upon request of the parent, school officials MUST respect student’s affirmed name and pronouns)
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EFFECTIVE: May 17, 2023
SUMMARY: Censors politically disfavored viewpoints and curricula in state universities and colleges; defunds critical DEI initiatives that help LGBTQ+ & minority students thrive.
General education core courses may not “distort significant historical events” or teach “identity politics” or “theories that systemic racism, sexism, oppression or privilege” are inherent in U.S. institutions and “were created to maintain social, political or economic inequities.”
Prohibits state universities and colleges from spending state or federal funds on programs that “advocate for diversity, equity, or inclusion” and are not required by law. Defunds DEI, may threaten the existence multicultural student centers, Black student unions, and campus Pride Centers.
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EFFECTIVE: May 17, 2023
SUMMARY: Florida’s “Bathroom Ban” is a discriminatory law that requires Florida schools to create a policy regarding bathroom use based on sex assigned at birth. The law creates a discriminatory system for transgender and nonbinary students, using unclear language and vague enforcement mechanisms (which are intended to deter trans students from using the school bathrooms).
The law does not REQUIRE schools to discriminate against trans students, rather it ALLOWS schools to adopt discriminatory measures related to use of bathrooms and changing rooms.
The law requires that schools/ colleges have EITHER:
(1) a restroom and changing room designated for exclusive use by people whose sex assigned at birth was female, and a restroom and changing room designed for exclusive use by people whose sex assigned at birth was male;
OR
(2) a unisex bathroom and changing room (i.e. single-user space with walls and a door).
Schools can thus opt to provide single-user bathrooms instead of creating discriminatory policies that exclude transgender students from bathrooms. Schools must also establish a disciplinary procedure within their code of conduct for violation of whatever bathroom policy they adopt, but the Attorney General cannot enforce these requirements against school districts until July 1, 2024.
KNOW YOUR RIGHTS DOCUMENT FOR TRANS YOUTH AND THEIR PARENTS:
Legal Authenticity (Updating Identification Documents)
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EFFECTIVE DATE: January 26, 2024
SUMMARY: The Florida DHSMV (FLHSMV) changed their policy regarding gender marker changes on Florida driver licenses and IDs to prohibit amendments / changes to the gender marker on Florida licenses and IDs. This policy only impacts “replacement” licenses (i.e. people who have an ID or license reflecting their sex assigned at birth who want to amend it to reflect their gender identity).
WHO THE POLICY DOES NOT IMPACT:
This should not impact anyone whose license, permit or ID already reflected their affirmed gender (their gender marker reflected their gender identity, not their sex assigned at birth) prior to January 26, 2024. Folks who amended their document prior to that date should not be at risk of having their license, permit, or ID revoked, suspended, or any other action by the state.
Similarly, this should not impact anyone seeking a first time license, permit, or ID (i.e. 15 year old getting first time permit; new FL resident who has never had an ID in this state; etc.). As long as you bring a primary identification document that reflects your gender identity, the FLHSMV will issue the document reflecting your gender identity (a U.S. Passport is a primary identification document, as is a birth certificate, but anyone can update their US Passport to reflect their correct gender).
ADVOCACY TIPS:
Get a U.S. Passport that reflects your affirmed gender marker - you can learn more about how to do that here.
If you experience any discrimination from the FLHSMV, contact attorney Simone Chriss at simone.chriss@southernlegal.org.
Review the Legal Analysis by attorney Simone Chriss “Clarifying the FLHSMV’s New Position on Gender Marker Changes”
DISPELLING MYTHS:
Despite the fear mongering language used by the FLHSMV, there is NO REASON TO BELIEVE anyone will face criminal or civil penalties for having a license or ID that reflects their gender identity.
Based on the statutes that the FLHSMV’s memorandum relied upon when discussing penalties and enforcement authority, there is no reason to believe that any transgender person in Florida who has a lawfully issued, valid (non-expired) Florida driver license or ID will have their document suspended, revoked, or will face any criminal or civil penalties.
Like with many recent Florida laws and policies targeting the transgender community, the FLHSMV memo is intended to cause fear and to push trans folks out of the state (or cause them to be fearful to live fully and authentically in this state).
REMINDER: UPDATE YOUR VOTER REGISTRATION!
- Florida residents, you can register to vote at this link: https://registertovoteflorida.gov/home
- Tip: For transgender Floridians who have amended their legal name and/or gender marker on their government-issued identification documents, don’t forget to update your voter registration!Visit this link and select “Record Update/Change”
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CHANGE IN POLICY: September 2023
STATUS: The Florida Department of Health changed their interpretation of the rule regarding amendments to Florida birth certificates and are now prohibiting the amendment of gender markers on Florida birth certificates.
- NOTE: You can still amend the name on your Florida birth certificate, but currently they are not amending gender markers (regardless of whether you have a letter from a physician or a court order, etc.).
- NOTE: You should obtain a U.S. Passport showing your correct gender marker, as this offers even more protection than a birth certificate and can be used in lieu of a birth certificate in most instances.
SUMMARY: At the end of 2023, the Florida Department of Health (FDOH) decided to interpret an existing statute and rule that guide birth certificate amendments in an entirely novel, inaccurate, and discriminatory manner.
2018-2019: We were able to negotiate a policy change with the FDOH and Bureau of Vital Statistics, and changed their policy to allow folks to amend their gender markers on their birth certificates without proof of "sex reassignment surgery." They had consistently implemented the policy we negotiated and agreed to since that time, under a specific interpretation of the statute and rule at issue.
Jan - May, 2023: When SB 254 and HB 1421 were working through the legislature last year, there was a provision introduced that would have banned all gender marker changes on birth certificates. At this time, the FDOH temporarily stopped processing birth certificate applications requesting gender marker changes in anticipation of the new law banning such amendments. However, that provision was dropped from SB 254 and did not become law.
May - Sept, 2023: For months after the ban failed to pass the legislature, myself and other attorneys were checking in with FDOH General Counsel regularly to determine the status of the amendments for our clients who had been waiting months (and some even up to a year) for their amended record, and we were assured that they were being worked on, but there was a long backlog due to the pause in processing the amendments. They reassured folks that the amendments were undergoing "legal review" but would be processed and issued.
CURRENT: Since that time, the Department has decided to adopt an entirely new interpretation and application of the statute and rule that guide the amendment of birth certificates. We are challenging this new unwritten "policy" in federal court and hope to strike it down on behalf of all transgender folks born in Florida.
ADVOCACY TIPS:
Get a U.S. Passport that reflects your affirmed gender marker - you can learn more about how to do that here.
Check back for updates as this develops! We are fighting for your rights and will hopefully restore access to correct Florida birth certificates soon!
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Stop Gap founder and Board Chair Simone Chriss created a website that walks you through the process of obtaining a legal name change in the state of Florida, the website is www.FloridaNameChange.org. It is free, safe, and user friendly, and ensures you have ALL of the information you need to complete a legal name change on your own (as a transgender adult) or on behalf of your minor child (if you are the parent of a transgender child under 18 years old).
HOW TO OBTAIN A LEGAL NAME CHANGE IN FLORIDA:
(1) Complete paperwork, which you can find on www.FloridaNameChange.org
(2) Get the Petition for Name Change notarized
(3) File the paperwork at the courthouse in the county in Florida where you currently reside.
(4) You can either pay the $400 filing fee OR you can request a filing fee waiver (the application to have the fee waived is available on www.FloridaNameChange.org, and also available on the Florida Supreme Court website here.)
(5) Get fingerprinted for a background check (this is solely to ensure that you have your civil rights in tact)
(6) Attend a hearing, where the judge will ask you a few questions and then will sign the Court Order (Final Judgement for Change of Name)
(7) Then, after you've completed the name change process, you can change the name (and gender marker, where allowable) on your government-issued identification documents using the court order for name change.
See section below (Amending Federal Documents) for more information and visit www.FloridaNameChange.org for all of the forms and information you need for amending your state and federal identification documents.
MORE DETAILS ABOUT SLC and FLORIDA NAME CHANGE:
Stop Gap Founder Simone Chriss originally developed Southern Legal Counsel’s (SLC) Transgender Rights Initiative to fill a gap in access to justice for transgender Floridians by systemically providing assistance to transgender individuals statewide in obtaining legal name and gender-marker changes.
SLC offers legal name and gender-marker change assistance by conducting in-person and virtual clinics and workshops across the state of Florida, providing training to legal aid organizations and pro bono attorneys throughout the state to build their capacity to do this work, and collaborating with trans advocacy organizations and support groups statewide.
Most notably, SLC developed Florida Name Change, a first-of-its-kind free online tool to assist transgender individuals statewide in changing their names and updating their identification documents. Nothing else like FloridaNameChange.org exists in the country. The website includes the forms and processes for obtaining a legal name change in all 67 counties in Florida and utilizes a question-and-answer format to easily complete the complex paperwork.
The online tool also assists users in amending the name and gender marker on their Social Security record, Florida driver’s license or ID card, U.S. Passport, and Florida Birth Certificate.
REMINDER: UPDATE YOUR VOTER REGISTRATION!
- Florida residents, you can register to vote at this link: https://registertovoteflorida.gov/home
- Tip: For transgender Floridians who have amended their legal name and/or gender marker on their government-issued identification documents, don’t forget to update your voter registration!Visit this link and select “Record Update/Change”
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A recent Executive Order from the Trump Administration (which can be found here) banned gender marker changes on federal documents, including Social Security records, Passports, and immigration documents. This ban is currently in place, prohibiting gender marker changes on federal documents. However, name changes are still permitted on all documents, including federal identification documents.
A few months ago, a class action lawsuit blocked enforcement of the ban on Passports reflecting a person’s gender identity, allowing trans folks to obtain a U.S. Passport that correctly reflects their affirmed gender marker. (This guidance from trans rights expert Simone Chriss explained how to obtain an accurate Passport while the injunction was in place). Then, the Supreme Court issued a Stay Order that allowed the ban to temporarily continue to be enforced by the Department of State. Guidance from Simone Chriss about the Stay Order can be found here.)
The hope is that the First Circuit Court of Appeal will rule in our favor and permanently enjoin (block) the Executive Order banning gender marker changes on Passports.
In the meantime, name changes are still permitted on all documents, including federal documents and Florida birth certificates and drivers licenses/IDs.
AMENDING LEGAL NAME:
- For all of the information you need on obtaining a legal name change, see the section above (Name Changes in Florida). If you do not currently live in Florida, you will need to complete the legal name change process in the state where you currently reside.
- After you have completed the legal name change, you will use the Court Order for legal name change to update the name on your Social Security record and U.S. Passport.
REMINDER: UPDATE YOUR VOTER REGISTRATION!
- Florida residents, you can register to vote at this link: https://registertovoteflorida.gov/home
- Tip: For transgender Floridians who have amended their legal name and/or gender marker on their government-issued identification documents, don’t forget to update your voter registration!Visit this link and select “Record Update/Change”
Additional Discriminatory Laws
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EFFECTIVE: May 17, 2023
STATUS: Blocked by federal court, cannot be enforced (June 24, 2023)
SUMMARY: Vague and subjective law censoring performance and speech, intended to target LGBTQ+ community spaces; applies to ambiguously defined "adult live performances" and creates a misdemeanor for anyone who "knowingly admits" a minor to a prohibited performance; allows for fines and suspension or revocation of licensure for any venue holding a liquor license, any public lodging establishment, or any public food service that knowingly admits a child to an adult live performance (impacts prides events, as local governments may not issue permits for events involving adult live performance where a minor will be present).This law is not enforceable by the state, as it as enjoined (blocked) by a federal court, and the Supreme Court denied cert (allowing the injunction to stay in place blocking the drag ban).
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EFFECTIVE: May 17, 2023
CHALLENGED: Federal lawsuit filled on September 29, 2023; temporary restraining order denied on October 6, 2023.
SUMMARY: 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 creates a discriminatory system for transgender and nonbinary people in Florida, using unclear language and vague enforcement mechanisms (which is intended by design to deter trans folks from using public bathroom). Policies like this one are contrary to public safety and can be abused for purposes of harassment.
The law does not REQUIRE discrimination against trans people in public bathrooms, but it ALLOWS for discriminatory measures related to use of bathrooms and changing rooms. The law requires that state owned facilities, schools/colleges, and jails/prisons have either:
(1) a restroom and changing room designated for exclusive use by people whose sex assigned at birth was female, and a restroom and changing room designed for exclusive use by people whose sex assigned at birth was male;
OR
(2) a unisex bathroom and changing room (i.e. single-user space with walls and a door).
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.
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One of the most common misconceptions and pieces of misinformation that has caused fear among parents of trans youth in Florida is that SB 254 permits the state to investigate parents or take custody of trans children who are receiving gender-affirming care. THIS IS FALSE.
SB 254 is not the same as the measures enacted in Texas that allowed for dependency system (foster care/child welfare) investigations or involvement when minors received treatment for gender dysphoria.
The state CANNOT take transgender children away from their parents or investigate parents for allowing their child to access gender-affirming medical care.
Providing your child access to treatment for gender dysphoria does NOT constitute “child abuse” in Florida.
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.
How To Help.
We are a group of people that wanted to help but didn’t know how. We created this organization and website to do our part to effect as much positive change for the community as possible.
Your donation will be used to support our efforts to protect the rights and lives of transgender Floridians.