- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent surveys in Florida indicate a moderate level of acceptance for LGBTQ+ rights in specific areas.
OPPOSE
SUPPORT
Perception of LGBTQ+ People
Survey results from 13 LGBTQ+ Equaldex users who lived in or visited Florida.
Overall
Perceived Safety**Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Visibility & Representation
Culture
Services
History
Homosexual activity in Florida is legal.
Current status
Since Jun 26, 2003
Legal
Legal due to the US Supreme ruling about homosexual activity.
Censorship of LGBT issues in Florida is state-enforced.
Current status
Since Jul 1, 2022
State-enforced
Florida HB 1557 bans discussions of sexuality and gender identity in public schools. It also prohibits districts from withholding information from parents unless they believe it may result in abuse/neglect. It also mandates parents to screen any health questionnaires before the school year begins. Districts that violate this policy can be sued for statutory damages and court fees. As of 2023, it was expanded to 12th grade. There were also numerous other changes to the bill.
Right to change legal gender in Florida is legal, but requires medical diagnosis.
Current status
Since Oct 19, 2004
Legal, but requires medical diagnosis
In Florida you have the right to change your gender on your birth certificate and driver's license. In both cases, a physician is required to attest that you are receiving "appropriate treatment". What exactly is considered appropriate seems to be at the discretion of the physician. As such, surgery is not required.
Additionally, before beginning hormone therapy, adults are required to have a psychological evaluation performed by a Florida-licensed psychologist or psychiatrist and then every two years thereafter. At the end of June, the Florida Board of Medicine adopted an emergency rule giving patients already on treatment six months to adapt to the new requirements.
Additionally, before beginning hormone therapy, adults are required to have a psychological evaluation performed by a Florida-licensed psychologist or psychiatrist and then every two years thereafter. At the end of June, the Florida Board of Medicine adopted an emergency rule giving patients already on treatment six months to adapt to the new requirements.
Gender-affirming care in Florida is restricted.
Current status
Since Aug 26, 2024
Restricted
SB 254, a bill which heavily restricts gender-affirming care became law again, after a new ruling from the 11th Court of appeals stated that the law was constitutional.
Legal
SB 254, restricted gender affirming care for adults, and banned it for minors under the age of 18. Federal court Judge Robert Hinkle has permanently blocked the bill from ever being enacted. He cited that gender affirming care was necessary for everyone. The court case was originally filed in December 2023, along side GLAD, Southern Legal Florida, and Human Rights Campaign of Florida.
Restricted
SB 254 bans all gender affirming care for minors and some adults. Adults have to go through only a certified physician and have to go through rigorous mental health checks with board certified psychiatrists. SB-254 also arrests "government entities" for giving gender affirming care, if they do, do it.
"requiring the
22 Board of Medicine and the Board of Osteopathic
23 Medicine to adopt certain emergency rules within a
24 specified timeframe; requiring the boards to consider
25 specified factors in developing such rules; requiring
26 that such prescriptions and procedures for patients
27 older than 18 years of age be prescribed,
28 administered, or performed only with the voluntary and
29 informed consent of the patient"
"requiring the
22 Board of Medicine and the Board of Osteopathic
23 Medicine to adopt certain emergency rules within a
24 specified timeframe; requiring the boards to consider
25 specified factors in developing such rules; requiring
26 that such prescriptions and procedures for patients
27 older than 18 years of age be prescribed,
28 administered, or performed only with the voluntary and
29 informed consent of the patient"
Legal recognition of non-binary gender in Florida is not legally recognized.
Current status
Not legally recognized
Efforts in Florida have not progressed for legal recognition of non-binary gender on all forms of documents. It's restricted to get gender affirming care and restricted to change gender on government documents. This all includes passports, drivers licenses and any other form of ID that requires a gender marker. Legal recognition of gender X marker on passports is federally protected as of 2022.
LGBT discrimination in Florida is illegal in some contexts.
Current status
Since 2009
Illegal in some contexts
There is full discrimination protection in 24 cities and 11 counties in Florida. As well as sexual orientation protection under Florida hate crime law. state wide gender identity discrimination protection under section VII. Some cities and counties have offered some protection, but at the state level there is none.
LGBT employment discrimination in Florida is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
Ambiguous
Under federal law VII and city discrimination protections. As well as sexual orientation employment discrimination protection under state law.
LGBT housing discrimination in Florida is no protections.
Current status
Since Dec 16, 2014
No protections
Florida has no known protections for LGBTQ people looking for housing or people who have housing. As of 2020, there was a bill that was in motion for LGBTQ people for housing but it died in the Civil Justice Subcommittee.
Until Dec 16, 2014
No protections
Florida does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
Same-sex adoption in Florida is legal.
Current status
Since Aug 20, 2018
Legal
Single adoption by unmarried individuals, joint adoption by married couples and second parent adoption by married couples are all legal.
Until Aug 20, 2018
Single only
Florida §3.042 specifies any individual may adopt, but married couples may only adopt when engaged in a male/female marriage. Second-parent adoption is granted in some cases to same-sex parents, but it varies widely by judge and county. Second-parent adoption has only been ruled on in lower courts; no appellate court case law, nor state statute, dictates the legality of it.
Intersex infant surgery in Florida is not banned.
Current status
Not banned
Florida has made no attempts to ban intersex surgeries for infants, they have restricted gender affirming care. Hospitals are able to give surgeries to infants if it is deemed medically necessary to save the child's life. Intersex is also classed under Disorders of Sex Development (DSD) and may not be offered unless it's medically necessary like giving the child medical issues that need to be addressed, like endangering the child's life span.
Serving openly in military in Florida is legal.
Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Florida is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in Florida is not banned.
Current status
Since Nov 20, 2020
Not banned
Florida government passed “negative law” protecting conversion therapy from any bans.
Equal age of consent in Florida is equal.
Current status
Since 2010
Equal
Legal age of consent is 18, but close in age exclusions apply.
United States Equality Rank
#68
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