A proposal by Naples Republican Rep. Lauren Melo that would give Florida’s Attorney General new authority to investigate health care practitioners and impose steep civil penalties for violations tied to the state’s ban on sex-reassignment prescriptions and procedures for minors cleared its second House committee.
The bill would authorize the Attorney General, currently James Uthmeier, to investigate and bring civil actions against health care practitioners who violate existing law prohibiting sex-reassignment prescriptions or procedures for patients younger than 18. Those actions could seek damages, injunctive relief and civil penalties of up to $100,000 per violation, with any damages required to accrue to the benefit of the injured minor.
HB 743 also makes it a felony for a health care practitioner to aid or abet another practitioner in violating the ban. The proposal sparked debate over whether its broad language could expose a wide range of medical and mental health professionals to criminal and civil liability.
Melo told House Health Professions & Programs Subcommittee members Tuesday that the proposal is more of an enforcement tool rather than a policy expansion.
“This bill simply authorizes the Attorney General to conduct investigations and initiate legal proceedings for damages and civil penalties in instances where a healthcare practitioner violates Florida’s existing ban on gender affirming care on a minor in violation of section 456.52 Florida statutes,” Melo said.
“In the event such lawsuits are successful, the bill requires that money collected be allocated for the benefit of the minor. The bill also provides that any person who aids or abets a healthcare practitioner in violating such bans shall also be guilty of a third-degree felony.”
Coconut Creek Democratic Rep. Christine Hunschofsky raised concerns about how the aiding-and-abetting language could be applied. She revealed that the definition of “health care practitioner” in the law could rope in a vast number of professions, and raised concern about the impact outside scrutiny could have on those not closely related to sex-reassignment.
“We are not talking about transgender surgeries on minors because that is already against the law,” Hunschofsky said.
“So let’s not talk today about what this isn’t and actually go to look at what it is and then ask ourselves why this is so broadly written — why it encompasses, for example, dispensers of optical devices and hearing aids, and midwives, and speech language pathologists and social workers, psychotherapists and counselors — and ask what role they could possibly be playing that we would have to give somebody investigatory authority to bring civil action against them.”
Florida Citizens Alliance Chief of Operations Ryan Kennedy spoke in support of the bill, he said it would close a loophole in existing law.
“This is trying to deal with an issue in law and to essentially fix a loophole in the current law,” Kennedy said. “This is already something that this body has largely agreed upon and voted on in the past, which is that these reassignment surgeries are not appropriate for minors.”
Meanwhile, opponents argued the bill’s language is vague and could criminalize routine care.
“At the heart of this bill is an aiding and abetting provision with no definition, no clear intent requirement, and no guidance,” Equality Florida Public Policy Associate Quinn Diaz said. “That means routine care, drawing blood, filling a prescription, providing therapy, could all be treated as a felony or civil violation if a parent disagrees or a political actor objects.”
Diaz warned the proposal could worsen provider shortages and shift oversight away from professional licensing boards.
“This bill sidesteps professional boards, replacing expert oversight with political enforcement,” Diaz said. “There are no guardrails against selective investigations, no evidentiary standards and no fiscal analysis.”
Supporters like Anthony Verdugo, of the Christian Family Coalition of Florida, countered that the bill reinforces accountability and parental consent requirements already embedded in law passed in 2023.
“All we’re doing here is closing a loophole in the law, making sure that doctors do not illegally prescribe any type of sex hormone, therapy treatments or puberty blockers for these minors and then report it to insurance, or code it, in a different manner,” Verdugo said. “That is very important to do because we have to hold doctors accountable.”
Melo agreed, and in closing said the proposal simply boosts enforcement of previous legislative action.
“In 2023, this body passed legislation to protect minors,” Melo said. “In this state if you are under the age of 16 you cannot get a tattoo, let alone bilateral mastectomies that I’ve been through. They’re pretty permanent. We will continue to enforce the law with the highest level of law enforcement that is an electable position.”
HB 743 cleared the House Health Professions & Programs Subcommittee with a 12-4 vote and now heads to the House Judiciary Committee. A comparable bill (SB 1010) has been filed by Jacksonville Republican Sen. Clay Yarborough and has already cleared its first of three Senate committee stops.
Yarborough penned a guest column published by Florida Politics where he said “there is mounting cause for concern that radical activists, including providers and proponents of sex-denying procedures, may be evading the law.”
If approved by the Legislature and signed by the Governor, HB 743 would take effect July 1.