Florida Senate - 2023 SB 952 By Senator Ingoglia 11-00444D-23 2023952__ 1 A bill to be entitled 2 An act relating to employer coverage of gender 3 dysphoria treatment; providing a short title; creating 4 s. 448.085, F.S.; defining terms; requiring employers 5 that provide coverage of gender dysphoria treatment to 6 also cover the full costs associated with treatment 7 that reverses such gender dysphoria treatment, 8 regardless of the rate of coverage provided for the 9 initial treatment; providing that employees who 10 receive gender dysphoria treatment through coverage 11 provided by an employer are entitled to full coverage 12 of total costs associated with treatment that reverses 13 such gender dysphoria treatment under certain 14 circumstances, regardless of whether they are still 15 employed by that employer; providing construction; 16 prohibiting employers from making coverage of the 17 subsequent treatment contingent on whether the 18 employee receives such treatment in this state; 19 creating a right of action for aggrieved persons to 20 recover actual total costs and damages from an 21 employer or former employer, as applicable, under 22 certain circumstances; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. This act may be referred to as the “Reverse Woke 27 Act.” 28 Section 2. Section 448.085, Florida Statutes, is created to 29 read: 30 448.085 Coverage of gender dysphoria treatment.— 31 (1) As used in this section, the term: 32 (a) “Employee” means any individual who performs services 33 for and under the direction and control of an employer for wages 34 or other remuneration. 35 (b) “Employer” means any individual, firm, partnership, 36 institution, corporation, or association that employs two or 37 more employees. The term includes governmental entities as 38 defined in s. 768.38. 39 (c) “Gender dysphoria treatment” means surgery, hormone 40 replacement therapy, or any other procedure or treatment that 41 assists persons with gender dysphoria in transitioning to their 42 self-identified gender. 43 (2) An employer that covers the cost, directly or through 44 benefits, of gender dysphoria treatment for employees must also 45 cover the total costs associated with treatment that reverses 46 the gender dysphoria treatment, regardless of the rate of 47 coverage provided for the initial treatment. 48 (3) An employee who received gender dysphoria treatment 49 through coverage provided by an employer is entitled to full 50 coverage by that employer of the total costs associated with 51 treatment that reverses gender dysphoria treatment if the 52 employee later determines that the gender dysphoria treatment 53 was not appropriate for him or her and wants to reverse the 54 treatment, regardless of whether the person is currently 55 employed by that same employer at the time of such 56 determination. 57 (4) An employer’s obligations under this section are not 58 affected by whether the initial treatment is provided in this 59 state, and an employer may not make coverage of subsequent 60 treatment contingent on whether the employee receives such 61 subsequent treatment in this state. 62 (5) If an employer or former employer, as applicable, 63 refuses to cover the total costs associated with treatment to 64 reverse gender dysphoria treatment it initially covered for an 65 employee, the employee entitled to such coverage under 66 subsection (3) may file a civil action in a court of competent 67 jurisdiction to recover from the employer or former employer, as 68 applicable, the actual total costs associated with such 69 treatment as well as any damages incurred by the person as a 70 result of the employer’s noncompliance with this section. 71 Section 3. This act shall take effect July 1, 2023.