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
HB 1233 2024
1 A bill to be entitled
2 An act relating to biological sex; amending s. 1.01,
3 F.S.; defining terms relating to the sex of an
4 individual in the context of the construction of the
5 Florida Statutes; amending s. 103.091, F.S.; providing
6 that a certain birth certificate statement determines
7 whether a person is male or female and may serve as a
8 committeeman or committeewoman, respectively; amending
9 ss. 322.051, 322.08, and 322.14, F.S.; revising
10 provisions related to applications for disability
11 identification cards, application requirements for
12 driver licenses and identification cards, and
13 requirements for issued driver licenses, respectively,
14 to replace references to the term "gender" with the
15 term "sex"; creating s. 322.195, F.S.; prohibiting the
16 department from issuing original or replacement driver
17 licenses or identification cards that contain
18 specified information; requiring the department to
19 require applicants to sign an affidavit certifying
20 specified information submitted on the application for
21 a new or replacement driver license or identification
22 card; requiring the department to revoke a driver
23 license or identification card if it determines that
24 an applicant made a false attestation; creating s.
25 627.6411, F.S., and amending ss. 627.657, 627.6699,
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26 and 641.31, F.S.; requiring that individual health
27 insurance policies, group health insurance policies,
28 health benefit plans, and health maintenance
29 contracts, respectively, providing coverage for sex -
30 reassignment prescriptions or procedures must also
31 provide coverage for treatment to detransition from
32 such sex-reassignment prescriptions or procedures;
33 defining the term "detransition"; requiring health
34 insurers, insurance carriers, and health maintenance
35 organizations providing coverage of sex-reassignment
36 prescriptions or procedures to also offer policies,
37 plans, and contracts, as applicable, that do not
38 provide such coverage; providing that policies, plans,
39 and contracts may not prohibit coverage of certain
40 mental health and therapeutic services; amending s.
41 760.02, F.S.; defining the term "sex" for purposes of
42 the Florida Civil Rights Act of 1992; amending s.
43 760.07, F.S.; revising provisions related to remedies
44 for unlawful discrimination to include protection on
45 the basis of sex, rather than gender; creating s.
46 760.09, F.S.; defining terms and providing
47 construction for the application of specified
48 provisions; specifying the standard of scrutiny for
49 specified provisions; providing construction;
50 requiring certain governmental entities to identify
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51 specified information for data-gathering purposes;
52 amending ss. 760.60 and 760.80, F.S.; revising
53 provisions related to discriminatory practices of
54 certain clubs and minority representation on boards,
55 commissions, councils, and committees, respectively,
56 to replace references to the term "gender" with the
57 term "sex"; amending s. 627.6475, F.S.; conforming
58 cross-references; providing severability; providing an
59 effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Subsection (20) is added to section 1.01,
64 Florida Statutes, to read:
65 1.01 Definitions.—In construing these statutes and each
66 and every word, phrase, or part hereof, where the context will
67 permit:
68 (20) Notwithstanding any state law to the contrary, with
69 respect to the identification of a person's sex in the
70 application of any state law or rules or regulations, the
71 following terms have the following meanings:
72 (a) "Sex" means the classification of a human person as
73 either male or female based on the organization of the body of
74 such person for a specific reproductive role, as indicated by
75 the person's sex chromosomes, naturally occurring sex hormones,
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76 and internal and external genitalia present at birth. All
77 references to the term "gender" in these statutes must be deemed
78 to refer solely to sex as defined in this section, unless a
79 different meaning is plainly required by context to qualify,
80 limit, or define a specific word or phrase.
81 (b) "Female" means a person belonging, at birth, to the
82 biological sex that has the specific reproductive role of
83 producing ova.
84 (c) "Male" means a person belonging, at birth, to the
85 biological sex that has the specific reproductive role of
86 producing sperm.
87 (d) "Woman" and "girl" refer to human females, and the
88 terms "man" and "boy" refer to human males.
89 (e) "Mother" means a female parent, and the term "father"
90 means a male parent.
91 (f) "Equal," with respect to sex, does not mean "same" or
92 "identical."
93 Section 2. Subsection (9) is added to section 103.091,
94 Florida Statutes, to read:
95 103.091 Political parties.—
96 (9) For purposes of this section, the statement of
97 biological sex on a person's official birth certificate filed at
98 or near the time of the person's birth determines whether the
99 person is male or female and may serve as a committeeman or
100 committeewoman, respectively.
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101 Section 3. Paragraph (a) of subsection (1) of section
102 322.051, Florida Statutes, is amended to read:
103 322.051 Identification cards.—
104 (1) Any person who is 5 years of age or older, or any
105 person who has a disability, regardless of age, who applies for
106 a disabled parking permit under s. 320.0848, may be issued an
107 identification card by the department upon completion of an
108 application and payment of an application fee.
109 (a) The application must include the following information
110 regarding the applicant:
111 1. Full name (first, middle or maiden, and last), sex
112 gender, proof of social security card number satisfactory to the
113 department, which may include a military identification card,
114 county of residence, mailing address, proof of residential
115 address satisfactory to the department, country of birth, and a
116 brief description.
117 2. Proof of birth date satisfactory to the department.
118 3. Proof of identity satisfactory to the department. Such
119 proof must include one of the following documents issue d to the
120 applicant:
121 a. A driver license record or identification card record
122 from another jurisdiction that required the applicant to submit
123 a document for identification which is substantially similar to
124 a document required under sub-subparagraph b., sub-subparagraph
125 c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
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126 f., sub-subparagraph g., or sub-subparagraph h.;
127 b. A certified copy of a United States birth certificate;
128 c. A valid, unexpired United States passport;
129 d. A naturalization certificate issued by the United
130 States Department of Homeland Security;
131 e. A valid, unexpired alien registration receipt card
132 (green card);
133 f. A Consular Report of Birth Abroad provided by the
134 United States Department of State;
135 g. An unexpired employment authorization card issued by
136 the United States Department of Homeland Security; or
137 h. Proof of nonimmigrant classification provided by the
138 United States Department of Homeland Security, for an original
139 identification card. In order to prove nonimmigrant
140 classification, an applicant must provide at least one of the
141 following documents. In addition, the department may require
142 applicants to produce United States Department of Homeland
143 Security documents for the sole purpose of establishing the
144 maintenance of, or efforts to maintain, continuous lawful
145 presence:
146 (I) A notice of hearing from an immigration court
147 scheduling a hearing on any proceeding.
148 (II) A notice from the Board of Immigration Appeals
149 acknowledging pendency of an appeal.
150 (III) A notice of the approval of an application for
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151 adjustment of status issued by the United States Citizenship and
152 Immigration Services.
153 (IV) An official documentation confirming the filing of a
154 petition for asylum or refugee status or any other relief issued
155 by the United States Citizenship and Immigration Services.
156 (V) A notice of action transferring any pending matter
157 from another jurisdiction to Florida, issued by the United
158 States Citizenship and Immigration Services.
159 (VI) An order of an immigration judge or immigration
160 officer granting relief that authorizes the alien to live and
161 work in the United States, including, but not limited to,
162 asylum.
163 (VII) Evidence that an application is pending for
164 adjustment of status to that of an alien lawfully admitted for
165 permanent residence in the United States or conditional
166 permanent resident status in the United States, if a visa number
167 is available having a current priority date for processing by
168 the United States Citizenship and Immigration Services.
169 (VIII) On or after January 1, 2010, an unexpired foreign
170 passport with an unexpired United States Visa affixed,
171 accompanied by an approved I-94, documenting the most recent
172 admittance into the United States.
173
174 An identification card issued based on documents required in
175 sub-subparagraph g. or sub-subparagraph h. is valid for a period
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176 not to exceed the expiration date of the document presented or 1
177 year, whichever occurs first.
178 Section 4. Paragraph (a) of subsection (2) of section
179 322.08, Florida Statutes, is amended to read:
180 322.08 Application for license; requirements for license
181 and identification card forms.—
182 (2) Each such application shall include the following
183 information regarding the applicant:
184 (a) Full name (first, middle or maiden, and last), sex
185 gender, proof of social security card number satisfactory to the
186 department, which may include a military identification card,
187 county of residence, mailing address, proof of residential
188 address satisfactory to the department, country of birth, and a
189 brief description.
190 Section 5. Paragraph (a) of subsection (1) of section
191 322.14, Florida Statutes, is amended to read:
192 322.14 Licenses issued to drivers.—
193 (1)(a) The department shall, upon successful completion of
194 all required examinations and payment of the required fee, issue
195 to every qualified applicant a printed driver license that must
196 bear a color photograph or digital image of the licensee; the
197 name of the state; a distinguishing number assigned to the
198 licensee, which, beginning November 1, 2023, must have a minimum
199 of four randomly generated digits on each original, renewal, or
200 replacement driver license; and the licensee's full name, date
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201 of birth, and residence address; a brief description of the
202 licensee, including, but not limited to, the licensee's sex
203 gender and height; and the dates of issuance and expiration of
204 the license. A space must shall be provided upon which the
205 licensee must shall affix his or her usual signature. A license
206 is invalid until it has been signed by the licensee except that
207 the signature of the licensee is not required if it appears
208 thereon in facsimile or if the licensee is not present within
209 this the state at the time of issuance.
210 Section 6. Section 322.195, Florida Statutes, is created
211 to read:
212 322.195 Specification of a person's sex on driver licenses
213 and identification cards.—The department may not issue an
214 original or replacement driver license or identification card
215 that specifies a person's sex as different from that specified
216 on the person's original certificate of live birth. The
217