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: 72 402.891 Public 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.