Florida Senate - 2022                                    SB 1870
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01485A-22                                          20221870__
    1                        A bill to be entitled                      
    2         An act relating to conversion therapy; creating s.
    3         402.89, F.S.; providing legislative findings and
    4         intent; defining terms; creating s. 402.891, F.S.;
    5         prohibiting the Department of Health, the Department
    6         of Children and Families, the Department of Elderly
    7         Affairs, the Department of Corrections, and the
    8         Department of Education from using state or federal
    9         funds for specified purposes; creating s. 402.892,
   10         F.S.; creating the Florida Coordinating Council on
   11         Conversion Therapy within the Department of Health for
   12         a specified purpose; providing for membership,
   13         meetings, and duties of the coordinating council;
   14         creating s. 402.893, F.S.; requiring the Department of
   15         Health, the Department of Children and Families, the
   16         Department of Elderly Affairs, the Department of
   17         Corrections, and the Department of Education to
   18         annually publish on their websites educational
   19         information on conversion therapy developed by the
   20         coordinating council; providing requirements for such
   21         information; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 402.89, Florida Statutes, is created to
   26  read:
   27         402.89 Legislative findings and intent; definitions.—
   28         (1)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   29  that the State of Florida and the Department of Health have a
   30  responsibility to promote and implement actions that protect the
   31  well-being of all residents of this state, regardless of their
   32  sexual orientation, gender identity, or gender expression. The
   33  Legislature further finds that it is the policy of the State of
   34  Florida and the Department of Health to ensure that state and
   35  federal funds that are allocated to the Department of Health and
   36  earmarked for medical and mental health care are not used to
   37  provide services that have been rejected as ineffective and
   38  unsafe by respected medical and mental health professional
   39  organizations. It is the Legislature’s intent that state and
   40  federal funds allocated to the Department of Health be used only
   41  for effective therapeutic services that are supported by
   42  credible evidence and medical experts.
   43         (2)DEFINITIONS.—As used in this section and ss. 402.891
   44  402.893, the term:
   45         (a)“Conversion therapy” means any practice or treatment
   46  intended to change an individual’s sexual orientation or gender
   47  identity, including, but not limited to, efforts to change
   48  behaviors or gender expression or to eliminate or reduce sexual
   49  or romantic attractions or feelings toward individuals of the
   50  same gender or sex. The term does not include counseling that
   51  provides support and assistance to a person undergoing gender
   52  transition, counseling that provides acceptance, support, and
   53  understanding of a person, or counseling that facilitates a
   54  person’s coping, social support, and identity exploration and
   55  development, including sexual orientation-neutral interventions
   56  to prevent or address unlawful conduct or unsafe sexual
   57  practices, provided such counseling does not seek to change an
   58  individual’s sexual orientation or gender identity.
   59         (b)“Minor” means a person younger than 18 years of age.
   60         (c)“Provider” means a person who is licensed in this state
   61  to provide professional counseling or who performs counseling as
   62  part of his or her professional training under chapter 456,
   63  chapter 458, chapter 459, chapter 490, or chapter 491,
   64  including, but not limited to, medical practitioners,
   65  osteopathic practitioners, psychologists, psychotherapists,
   66  clinical social workers, marriage and family therapists, and
   67  mental health counselors.
   68         (d)“Vulnerable adult” means a ward over whom a plenary
   69  guardian has been appointed under chapter 744.
   70         Section 2. Section 402.891, Florida Statutes, is created to
   71  read:
   72         402.891Public funding for conversion therapy prohibited.
   73  The Department of Health, the Department of Children and
   74  Families, the Department of Elderly Affairs, the Department of
   75  Corrections, and the Department of Education may not use state
   76  or federal funds, support, or resources to engage in, or provide
   77  state or federal funds, support, or resources to providers or
   78  organizations that engage in, any of the following activities:
   79         (1)Conducting conversion therapy on minors or vulnerable
   80  adults.
   81         (2)Referring minors or vulnerable adults for conversion
   82  therapy.
   83         (3)Providing any benefit to state employees which
   84  specifically includes coverage for conversion therapy on minors
   85  or vulnerable adults.
   86         (4)Executing a grant or contract with any entity that
   87  conducts conversion therapy on minors or vulnerable adults or
   88  refers minors or vulnerable adults for conversion therapy.
   89         Section 3. Section 402.892, Florida Statutes, is created to
   90  read:
   91         402.892 Florida Coordinating Council on Conversion
   92  Therapy.—
   93         (1)CREATION.—There is created within the Department of
   94  Health the Florida Coordinating Council on Conversion Therapy, a
   95  coordinating council as defined in s. 20.03(9), to develop
   96  strategies for preventing the use of conversion therapy on
   97  minors and vulnerable adults.
   98         (2)MEMBERSHIP.—The coordinating council is composed of the
   99  following 11 members:
  100         (a)Eight members to be appointed by the State Surgeon
  101  General or his or her designee, to include a representative from
  102  each of the following organizations:
  103         1.The Florida Mental Health Counselors Association.
  104         2.The Florida Chapter of the National Association of
  105  Social Workers.
  106         3.The Florida Chapter of the American Academy of
  107  Pediatrics.
  108         4.The National Alliance on Mental Illness Florida.
  109         5.The Florida Behavioral Health Association.
  110         6.The Florida Psychological Association.
  111         7.The Florida Association of School Psychologists.
  112         8.The Florida Initiative for Suicide Prevention.
  113         (b)One member to be appointed by the Secretary of Children
  114  and Families or his or her designee.
  115         (c)One member to be appointed by the Secretary of Elderly
  116  Affairs or his or her designee.
  117         (d)One member to be appointed by the Secretary of
  118  Corrections or his or her designee.
  119         (3)MEETINGS.—The coordinating council shall meet at least
  120  twice a year and upon the call of the chair. The meetings may be
  121  held by teleconference or other electronic means.
  122         (4)DUTIES.—The coordinating council shall do all of the
  123  following:
  124         (a)Develop by November 1, 2022, and update annually
  125  thereafter, educational information on conversion therapy. The
  126  educational information must be evidence-based and include
  127  information reviewed by medical experts and national
  128  organizations. The educational information must also reflect the
  129  consensus of health care professionals that there is a lack of
  130  evidence to support the use of conversion therapy as a
  131  therapeutic intervention and must specify its harms.
  132         (b)Establish partnerships with state and private agencies
  133  for the purpose of promoting public awareness of strategies for
  134  preventing the use of conversion therapy on minors and
  135  vulnerable adults.
  136         (c)Identify resources to support the distribution of the
  137  educational information developed by the coordinating council.
  138         (d)In conjunction with the Department of Health, the
  139  Department of Children and Families, the Department of Elderly
  140  Affairs, and the Department of Corrections, advise members of
  141  the public on the medically supported risks, harms, costs, and
  142  impacts of conversion therapy as a therapeutic intervention.
  143         Section 4. Section 402.893, Florida Statutes, is created to
  144  read:
  145         402.893 Educational information on conversion therapy.—By
  146  December 1 of each year, the Department of Health, the
  147  Department of Children and Families, the Department of Elderly
  148  Affairs, the Department of Corrections, and the Department of
  149  Education shall publish on their websites the most up-to-date
  150  educational information on conversion therapy developed and
  151  updated by the Florida Coordinating Council on Conversion
  152  Therapy under s. 402.892. Such educational information must be
  153  made available at no cost in English and Spanish and in an
  154  easily understandable format.
  155         Section 5. This act shall take effect upon becoming a law.