Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 254
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 8/AD/2R         .                                
             04/03/2023 03:28 PM       .                                
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       Senator Yarborough moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 307 and 308
    4  insert:
    5         Section 9. Section 766.318, Florida Statutes, is created to
    6  read:
    7         766.318 Civil liability for provision of sex-reassignment
    8  prescriptions or procedures to minors.—
    9         (1) A cause of action exists to recover damages for
   10  personal injury or death resulting from the provision of sex
   11  reassignment prescriptions or procedures, as defined in s.
   12  456.001, to a person younger than 18 years of age which are
   13  prohibited by s. 456.52(1).
   14         (2) The limitations on punitive damages in s. 768.73(1) do
   15  not apply to actions brought under this section.
   16         (3) An action brought under this section:
   17         (a) May be commenced within 20 years after the cessation or
   18  completion of the sex-reassignment prescription or procedure.
   19         (b) Is in addition to any other remedy authorized by law.
   20         (4) The cause of action created by this section does not
   21  apply to:
   22         (a) Treatment with sex-reassignment prescriptions if such
   23  treatment is consistent with s. 456.001(9)(a)1. or 2. and was
   24  commenced on or before, and is still active on, the effective
   25  date of this act.
   26         (b) Sex-reassignment prescriptions or procedures that were
   27  ceased or completed on or before the effective date of this act.
   28  
   29  ================= T I T L E  A M E N D M E N T ================
   30  And the title is amended as follows:
   31         Delete line 53
   32  and insert:
   33         disciplinary action; creating s. 766.318, F.S.;
   34         creating a cause of action to recover damages for
   35         personal injury or death resulting from the provision
   36         of sex-reassignment prescriptions or procedures to a
   37         minor; providing that certain limitations on punitive
   38         damages do not apply to such actions; specifying the
   39         timeframe within which such actions may be commenced;
   40         providing construction and applicability; providing
   41         severability; providing