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Florida
Legal Help Desk
Find Your State
Know the laws in your state that protect LGBT people and people living with HIV.
Lambda Legal Sues Florida School District Barring Transgender Student From Correct Bathroom
Drew is 16-year-old boy who is transgender, and will begin his junior year at Allen D. Nease High School in Ponte Vedra, FL. Learn More
NO
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
NO
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
NO
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
NO
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.
NO
Does the state explicitly ban transgender exclusions in health insurance?
NO
Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?
Does Florida have an HIV criminalization law?
YES, Florida has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct. A violation of this statute is classified as a felony.
Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in Florida in recent years?
YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Florida. In fact, Florida is considered aggressive in pursuing such prosecutions, because at least 5 such prosecutions have taken place over the last 5 years.
Does Florida have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?
NO, Florida does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.
Does Florida have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?
YES, Florida also has laws that enhance punishments for HIV-positive people involved in commercial sexual transactions. It is difficult to obtain accurate data on how often these laws are utilized in Florida, but there is growing evidence that in general these types of laws targeting sex workers are used much more frequently than other types of HIV criminalization laws.
NO
Does the state explicitly ban transgender exclusions in health insurance?
NO
Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?
Who may adopt?
1.A husband and wife jointly.
2.An unmarried adult.
3.A spouse of the parent of the person to be adopted, if the parent consents.
4.A spouse of the parent of the person to be adopted, if the parent’s consent is excused by the court because good cause has been shown or because it would be in the child’s best interests.
Additionally, under Florida law, a homosexual person is allowed to be a foster parent. Fla. Dep't of Children & Families v. X.X.G., 45 So. 3d 79, 81 (Fla. Dist. Ct. App. 2010).
Second-parent adoptions:
Some granted in a limited number of jurisdictions.
Lambda Legal won a victory in 2014 upholding a second parent adoption in a Florida appeals court based on the circumstances of the particular case. See C.P. v. G.P., 148 So. 3d 769 (Fla. 2014)
Results likely vary by county and by judge. Anyone considering petitioning for a second-parent adoption should contact, or have their counsel contact, Lambda Legal for information and counsel.
Joint Adoptions?
The statute allows a "husband and wife" who are adults to jointly adopt. Failure to treat married same-sex couples equally for the purposes of joint adoptions would violate the US Constitution. Please contact Lambda Legal if you feel this statute was applied in violation of your constitutional rights.
NO
Public accommodations protections on the basis of sexual orientation or gender identity?
YES
Does the state allow same-sex couples to marry?
YES
Does the state recognize marriages, domestic partnerships or civil unions of same-sex couples from other jurisdictions?
NO
Does the state offer any other type of relationship recognition for same-sex couples?
YES
Does state law prohibit bullying in public schools?
YES
Does the law include cyberbullying?
NO
Does the law specifically mention sexual orientation?
NO
Does the law specifically mention gender identity?
NO
Does the law also apply to private, non-religious schools?
Is there a state antidiscrimination law that applies (or may apply) to schools?
Yes, but there is no mention in it of either sexual orientation or gender identity.
Schools and School Districts—Safety—Bullying, 2013 Fla. Sess. Law Serv. Ch. 2013-87 (C.S.C.S.H.B. 609) (West)
Replacing: Fla. Stat. § 1006.147 (2012)
Fla. Stat. § 1000.05 (2011)
You may email the Help Desk by filling out this online form.
Alternatively, here is the telephone number of the Lambda Legal Help Desk nearest you: Southern Regional Office: 404-897-1880
Latest Posts
Eleventh Circuit Court Must Affirm Trial Ruling Allowing A Transgender Florida Student To Use the Right Restroom
February 22, 2019
LGBTQ Advocates Urge Eleventh Circuit to Uphold Lower Court Ruling to Provide Medical Care to Transgender Woman in Florida Prison
January 10, 2019
Victory! Court Orders Florida School District to Allow Transgender Student to Use the Men’s Restroom
July 26, 2018
