THE BILL ITSELF
CS/SB 1010
Enforcement of Protections for Minors
Florida Senate - 2026 CS for SB 1010 By the Committee on Children, Families, and Elder Affairs; and Senator Yarborough 586-02029A-26 20261010c1
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A bill to be entitled
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An act relating to enforcement of protections for
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minors; amending s. 456.52, F.S.; providing criminal
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penalties for health care practitioners who willfully
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or actively aid or abet another in a violation of
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specified provisions; amending s. 766.318, F.S.;
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clarifying that a private cause of action exists to
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recover damages for personal injury or death resulting
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from a violation of a specified provision; providing
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that an individual may recover all economic and
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noneconomic damages for injuries sustained before or
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after turning 18 years of age which result from such
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violation; authorizing the Attorney General to conduct
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investigations of alleged violations of a specified
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provision and commence a separate civil action for
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damages, injunctive relief, and civil penalties upon
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determining a violation has occurred; providing that
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damages recovered pursuant to such civil actions
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accrue to the benefit of the injured individual;
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creating s. 1014.07, F.S.; creating a private cause of
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action to recover damages against certain public
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employees and health care practitioners for violations
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of specified provisions; providing that an individual
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may recover all economic and noneconomic damages that
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result from such violations; providing that damages
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recovered pursuant to such civil actions accrue to the
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benefit of the affected minor; authorizing the
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Attorney General to conduct investigations of alleged
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violations of specified provisions and commence a
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civil action for damages, injunctive relief, and civil
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penalties upon determining a violation has occurred;
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providing that damages recovered pursuant to such
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civil actions accrue to the benefit of the affected
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minor; providing that certain limitations on punitive
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damages do not apply to such actions; specifying the
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timeframe within which such actions may be commenced;
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providing construction; reenacting s. 456.074(5)(c),
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F.S., relating to the immediate suspension of license
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of certain health care practitioners, to incorporate
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the amendment made to s. 456.52, F.S., in a reference
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thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (b) of subsection (5) of section
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456.52, Florida Statutes, is amended to read:
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456.52 Sex-reassignment prescriptions and procedures;
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prohibitions; informed consent.—
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(5)
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(b) Any health care practitioner who willfully or actively
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participates , or aids or abets another, in a violation of
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subsection (1) commits a felony of the third degree, punishable
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as provided in s. 775.082, s. 775.083, or s. 775.084.
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Section 2. Section 766.318, Florida Statutes, is amended to
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read:
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766.318 Civil liability for provision of sex-reassignment
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prescriptions or procedures to minors.—
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(1) A private cause of action exists to recover damages for
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personal injury or death resulting from the provision of sex
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reassignment prescriptions or procedures, as defined in s.
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456.001, to a person younger than 18 years of age which are
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prohibited by s. 456.52(1). An individual may recover all
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economic and noneconomic damages for injuries he or she
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sustained before or after turning 18 years of age which are the
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result of sex-reassignment prescriptions or procedures provided
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in violation of s. 456.52(1).
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(2) The Attorney General may conduct investigations of
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alleged violations of s. 456.52(1) and, if the Attorney General
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determines that such a violation has occurred, may commence a
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civil action under this subsection for damages, injunctive
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relief, and civil penalties of up to $100,000 for each
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violation. Any damages recovered pursuant to a civil action
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brought under this subsection accrue to the benefit of the
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individual injured as the result of sex-reassignment
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prescriptions or procedures provided in violation of s.
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456.52(1).
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(3) (2) The limitations on punitive damages in s. 768.73(1)
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do not apply to actions brought under this section.
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(4) (3) An action brought under this section:
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(a) May be commenced within 20 years after the cessation or
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completion of the sex-reassignment prescription or procedure.
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(b) Is in addition to any other remedy authorized by law.
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(5) (4) The cause of action created by this section does not
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apply to:
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(a) Treatment with sex-reassignment prescriptions if such
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treatment is consistent with s. 456.001(9)(a)1. or 2. and was
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commenced on or before, and is still active on, May 17, 2023.
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(b) Sex-reassignment prescriptions or procedures that were
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ceased or completed on or before May 17, 2023.
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Section 3. Section 1014.07, Florida Statutes, is created to
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read:
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1014.07 Civil liability.—
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(1) A private cause of action exists against an employee of
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the state, any of its political subdivisions, or any other
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governmental entity who violates any of the parental rights
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specified in s. 1014.04 or against a health care practitioner
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who provides, solicits or arranges to provide, or aids or abets
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another to provide health care services or prescription of
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medicinal drugs to a minor child without parental consent in
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violation of s. 1014.06. An individual may recover all economic
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and noneconomic damages resulting from a violation of s. 1014.04
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or s. 1014.06. All damages recovered pursuant to a civil action
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brought under this subsection accrue to the benefit of the
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affected minor.
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(2) The Attorney General may conduct investigations of
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alleged violations of s. 1014.04 or s. 1014.06 and, if the
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Attorney General determines that such a violation has occurred,
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may commence a civil action under this subsection for damages,
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injunctive relief, and civil penalties of up to $100,000 for
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each violation. All damages recovered pursuant to a civil action
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brought under this subsection accrue to the benefit of the
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affected minor.
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(3) The limitations on punitive damages in s. 768.73(1) do
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not apply to actions brought under this section.
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(4) An action brought under this section:
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(a) May be commenced within 2 years after the violation
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occurs.
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(b) Is in addition to any other remedy authorized by law.
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Section 4. For the purpose of incorporating the amendment
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made by this act to section 456.52, Florida Statutes, in a
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reference thereto, paragraph (c) of subsection (5) of section
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456.074, Florida Statutes, is reenacted to read:
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456.074 Certain health care practitioners; immediate
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suspension of license.—
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(5) The department shall issue an emergency order
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suspending the license of any health care practitioner who is
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arrested for committing or attempting, soliciting, or conspiring
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to commit any act that would constitute a violation of any of
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the following criminal offenses in this state or similar
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offenses in another jurisdiction:
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(c) Section 456.52(5)(b), relating to prescribing,
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administering, or performing sex-reassignment prescriptions or
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procedures for a patient younger than 18 years of age.
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Section 5. This act shall take effect July 1, 2026.