A House subcommittee approved a bill to give Attorney General James Uthmeier expanded power to investigate health care professionals for taking care of transgender youth.
The Criminal Justice Subcommittee passed HB 743 with a 12-5 vote as Democrats and LGBTQ+ advocates rallied against it.
Under the bill, Uthmeier would be allowed to investigate and sue health care practitioners who give puberty blockers, hormones or other prescriptions to minors, or perform surgical procedures. Each violation could bring up to a $100,000 fine.
Uthmeier’s amplified authority would come after the state previously banned gender-affirming care for minors in 2023.
But Rep. Kelly Skidmore warned lawmakers that it was dangerous to give Uthmeier more power following the Hope Florida scandal.
“No disrespect to the folks who are here about gender-affirming care, but that’s not what this bill is about,” the Boca Raton Democrat said. “It is about giving one individual and maybe his successors authority that they don’t deserve and they cannot manage. They’ve proven that they cannot be trusted. This is a terrible bill.”
Uthmeier, then Gov. Ron DeSantis’ Chief of Staff, chaired a political committee that was funneled millions of dollars from a $10 million state Medicaid settlement. Critics have accused DeSantis and Uthmeier of misappropriating the money to use for political purposes. Uthmeier has denied wrongdoing.
But at Tuesday’s hearing, Rep. Taylor Yarkowsky argued Uthmeier is doing “unprecedented work” to protect kids. The lawmaker added that he is against minors transitioning until they are 18 years old and can legally decide for themselves.
“I understand this is a tough situation and I know that these feelings and emotions are real,” the Montverde Republican said. “But we have to uphold the principles and standards that made this country great, biblical, constitutional law and order at all costs. And sometimes that stings.”
HB 743 would also update the law to add that a health care practitioner who “aids or abets another health care practitioner” giving gender-affirming prescriptions or doing procedures to minors would now be charged with a third-degree felony. That could mean pharmacists filling prescriptions at Publix or Walgreens could potentially be charged for crimes, said Rep. Lauren Melo, the bill sponsor.
Melo said her bill comes as some minors are trying to skirt state law.
“What we’re seeing is there’s coding that’s actually being used that is becoming the problem, and hundreds of thousands of dollars is spent per child for them to transition and codes are being misrepresented where they are saying that it’s an indoctrination disorder instead of saying it’s a gender identity disorder,” Melo said.
Minors who have been receiving gender-affirming care continuously since May 2023 are exempt from state law, so the bill’s changes would only be applied to minors receiving care for the first time, the Naples Republican added.
Rep. Mike Gottlieb, who also believed the bill was giving Uthmeier too much power, said it could have other unintended consequences. The bill could scare doctors from prescribing medicine that helps women with bad menstruation symptoms — which has nothing to do with gender-affirming care, he said.
“You’re going to see doctors not wanting to prescribe those kinds of medications because they’re now subject to a $100,000 penalty,” the Davie Democrat said. “We really need to be cautious. I get where many of us sit in this battle. … We pass some of these laws, it’s a knee-jerk reaction. … We’re really not considering what we’re doing and some of the collateral harms that it’s having.”
He said he worried the bill would force more physicians to leave Florida.
But Melo argued her legislation was important because “unfortunately, what’s happening is there are physicians that are actually committing fraud.”
“This gives us an avenue to pursue and punish the people that are committing fraud against a minor child,” she said.
Shawna Flager, a mom advocating for her child who is transgender, criticized the bill during Tuesday’s debate.
“I feel like it introduces ambiguity. It also uses the government to create fear and intimidate our health care providers,” said Flager, of St. Augustine.