Florida Bill Would Make Employers Liable for Costs of Gender Detransition Care

A view of the historic Old Florida State Capitol building, which sits in front of the current New Capitol, in Tallahassee, Florida, on Nov. 10, 2018. Mark Wallheiser/Getty Images

Republican Florida state Sen. Blaise Ingoglia has introduced a bill that would require businesses that cover the costs of gender-transition medical care for their employees to pay for any subsequent detransition care.

Senate Bill 952, called the “Employer Coverage of Gender Dysphoria Treatment,” is also known as the “Reverse Woke Act.”

Specifically, it states that employers that provide coverage of gender dysphoria treatment to their workers will also need to cover the “full costs associated with treatment that reverses such gender dysphoria treatment,” even for individuals that they no longer employ.

Those costs will need to be paid for by the employer “regardless of the rate of coverage provided for the initial treatment” and employers will also be prohibited from “making coverage of the subsequent treatment contingent on whether the employee receives such treatment in this state; creating a right of action for aggrieved persons to recover actual total costs and damages from an employer or former employer, as applicable, under certain circumstances.”

The bill defines gender dysphoria treatment as surgery, hormone replacement therapy, or any other procedure or treatment that assists persons with gender dysphoria in transitioning to their self-identified gender.

Employers who cover the cost of such treatments, either directly or through benefits, will be subject to the conditions of the bill.

‘Woke Businesses Need to Be Held Accountable’

For employers who do not cover the costs of the reversal treatment, the employee in question may file a civil action suit in court to recover the actual costs associated with the treatment needed as well as “any damages incurred by the person as a result of the employer’s noncompliance,” according to the bill.

Ingoglia, who previously served as the vice chair of Florida’s Republican Party, said in a statement on Feb. 20 that Floridians should not be “political pawns” to advance a “leftist agenda for the Governor of California.”

In January, California became the first sanctuary state in the country to allow children to access “gender-affirming care” or gender-related surgery and drugs, even if they come from states where those treatments have been criminalized or restricted.

The law also prohibits state courts from interfering in child custody battles over these treatments.

“Woke businesses need to be held accountable when offering to pay for gender-affirming surgeries in other states, such as California, because they are nothing more than political decisions masquerading as healthcare and human resource decisions,” Ingoglia said. “If these companies truly cared about their employees, this should be a no-brainer for them.”

Ingoglia noted that nearly 30 companies have vowed to pay for travel and the costs of transition surgeries for Floridians in other states.

The “Reverse Woke Act” will be considered when the Florida Legislature reconvenes on March 7, and if passed, would take effect on July 1.

Hormone treatments and surgical procedures used to make someone appear more like the opposite sex, often referred to as “gender-affirming care,” has divided lawmakers, particularly as it pertains to children and teens.

In November, Florida banned doctors from providing gender-affirming care to minors in the state, including puberty blockers, hormones, and sex-reassignment surgery, although youths already receiving the drugs may continue treatment.

Other states that adopted similar legislation in 2022 are Alabama, Arizona, South Carolina, Tennessee, Texas, and Oklahoma, and South Dakota followed suit in February.

Nebraska and Oklahoma are also considering similar bills.

According to leading Finnish pediatric gender expert Dr. Riittakerttu Kaltiala, four out of five children grow out of gender dysphoria once they reach adolescence.

However, multiple major medical organizations, including the American Medical Association, the American Academy of Pediatrics, and the American Psychological Association, have all voiced support for gender transition care among minors.