Florida Senate - 2020                                    SB 1864
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00581-20                                           20201864__
    1                        A bill to be entitled                      
    2         An act relating to the Vulnerable Child Protection
    3         Act; creating s. 456.0335, F.S.; providing a short
    4         title; defining the term “sex”; providing criminal
    5         penalties for health care practitioners who engage in
    6         or cause specified practices to be performed on a
    7         minor under certain conditions; providing
    8         applicability; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 456.0335, Florida Statutes, is created
   13  to read:
   14         456.0335 Vulnerable Child Protection Act.—
   15         (1) This section may be cited as the “Vulnerable Child
   16  Protection Act.”
   17         (2) As used in this section, the term “sex” means the
   18  biological state of being female or male based on sex organs,
   19  chromosomes, and endogenous hormone profiles.
   20         (3) A health care practitioner who engages in any of the
   21  following practices upon a minor, or who causes such practices
   22  to be performed upon a minor, for the purpose of attempting to
   23  change the minor’s sex, or for the purpose of affirming the
   24  minor’s perception of the minor’s sex if that perception is
   25  inconsistent with the minor’s sex, commits a felony of the
   26  second degree, punishable as provided in s. 775.082, s. 775.083,
   27  or s. 775.084:
   28         (a) Performing surgeries that sterilize, including
   29  castration, vasectomy, hysterectomy, oophorectomy,
   30  metoidioplasty, orchiectomy, penectomy, phalloplasty, and
   31  vaginoplasty;
   32         (b) Performing a mastectomy;
   33         (c) Administering, prescribing, or supplying the following
   34  medications that induce transient or permanent infertility:
   35         1. Puberty-blocking medication, which stops or delays
   36  normal puberty;
   37         2. Supraphysiologic doses of testosterone, to females; or
   38         3. Supraphysiologic doses of estrogen, to males; or
   39         (d) Removing any otherwise healthy or nondiseased body part
   40  or tissue.
   41         (4) This section does not apply to a health care
   42  practitioner acting in accordance with a good faith medical
   43  decision of a parent or guardian of a minor born with a
   44  medically verifiable genetic disorder of sex development,
   45  including:
   46         (a) External biological sex characteristics that are
   47  unresolvably ambiguous, such as the minor being born with having
   48  46 XX chromosomes with virilization, 46 XY chromosomes with
   49  undervirilization, or both ovarian and testicular tissue.
   50         (b) A sexual development disorder whereby a physician has
   51  determined through genetic testing that the minor does not have
   52  the normal chromosome structure for a male or a female.
   53         Section 2. This act shall take effect July 1, 2020.