State

Consensual sex between same sex couples is lawful at age 18 years, though persons aged between 16 and 23 can also engage in lawful consensual sex [L1.1].

Florida Statutes. Title XLVI Crimes. Chapter 794 Sexual Battery. [L1.1].

794.05 Unlawful sexual activity with certain minors.--

(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.

(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.

State

Florida law explicitly allows both gestational surrogacy agreements (in which the surrogate mother is not the biological contributor of the egg) and traditional surrogacy agreements (in which the surrogate mother is the biological contributor of the egg), but neither is available to same-sex couples [R1.1].

Courts & Tribunals

On 23 December 2011, the 5th District Court of Appeal ruled 2–1 that a child born through in vitro fertilization using an ovum from its birth mother's same-sex partner, is legally the child of both women. Reversing a decision by Brevard County Circuit Judge Charles Crawford, the appellate ruling concluded that failing to recognize the plaintiff's parental rights would violate the US and Florida constitutions [C2.2], [R2.1]. The case

Courts & Tribunals

Courts in Florida have reportedly ruled that lesbian ex-partners are not entitled to visitation rights with children they helped nurture but with whom they have no biological tie [R1.4].

On 24 January 2006, the 1st District Court of Appeal affirmed the dismissal of a lawsuit by Mary L. Wakeman, seeking to enforce visitation rights under a co-parenting agreement she had made with her former partner, Den Dixon, prior to the birth of their two children [C1.3] [R1.2].

In June 2002, a transsexual father has been granted temporary custody of his children after a judge ruled their mother violated standing orders not to use her husband's sex change to turn the children against him [R1.1].

State

On 01 April 2013, the Senate Committee on Children, Families and Elder Affairs voted 5-4 in favour of SB 196 that were it to become law would establish a domestic partner registry and guarantee specific rights to gay and lesbian partners. With four more committee stops in the Senate and the House not having considered it, the Bill likely has no future [R1.3].

On 12 September 2011, Democrats, Rep. Mark Pafford of West Palm Beach and Sen. Eleanor Sobel of Hollywood respectively introduced Bills HB139 and SB166 “An act relating to domestic partnerships” to recognise domestic partnerships [L1.2], [R1.1].

County

On 12 March, Leon County commissioners voted 7-0 to approve an Ordinance creating a county-wide Domestic Partner Registry, opening 01 May [L2.8], [R2.7].

On 15 January 2013, Pinellas County Commissioners passed 6–1 a proposal to create a domestic registry (beginning 15 April 2013), giving unmarried couples – gay or straight – the right to visit each other in hospitals, make medical decisions for each other in a crisis and, depending on their employers, share health insurance coverage. There will be a $50 fee to register [R2.6].

On 21 February 2012, lawmakers in Orange County agreed to broaden the scope of the domestic-partner registry currently in effect in the city of Orlando, which will extend certain benefits to unmarried gay and straight couples throughout the county [R2.5].

On 08 November 2011, Broward County approved the Equal Benefits Ordinance, requiring the county's vendor companies with contracts of $100,000 or more with the county and who have 5 or more employees to provide domestic partners with benefits equal to those offered to spouses of married employees or a cash equivalent [R2.4].

On 19 April 2011, Orange County leaders voted 6–0 to extend health and other workplace benefits to the partners and children of gay county employees. Miami-Dade and Broward counties have already extended similar benefits to gay workers [R2.3].

In September 2008, the Palm Beach County School District agreed to insure the children of its employees' domestic partners [R2.2].

In December 2001, the Palm Beach County Sheriff's Office began offering medical benefits to gay and unmarried couples beginning January 2002 [R2.1].

Cities & Towns

On 09 May 2013, Miami Beach City Commission unanimously passed a Tax Equity Ordinance to reimburse City employees who are in domestic partnerships and are being taxed on the payments they make on their health insurance benefits. The final ordinance goes up for second reading and final passage on 08 June [R3.13].

On 29 April 2013, the City of West Palm Beach approved an ordinance that would provide funds to city employees in domestic partners to compensate them for the federal tax dollars they are forced to pay for health insurance benefits. Final approval is expected in two weeks [R3.12].

On 11 March 2013, Bay Harbour Islands council passed an ordinance offering benefits to the same-sex partners of city employees, allowing LGBT couples and their dependents access to health insurance and other employment fringe benefits [D3.11], [R3.10].

On 07 June 2012, the St. Petersburg Domestic Partner Registry ordinance was passed and came into effect on 01 August 2012, giving registered partners the right to visit each other in the hospital, make life-and-death decisions on each other's behalf and participate in the education of shared children, Registration costs $30.00. [R3.9].

On 05 December 2011, Orlando City Council voted 7–0 to establish a domestic partner registry that would protect partners, including hospital visitation, rights to health care decisions, correctional facility visitation, rights to funeral/burial decisions, guardianship and the right for both domestic partners to participate in the education of their children. The final unanimous vote on 12 December means the registry comes into effect 12 January 2011 [R3.8]. Registration will cost $30.

On 08 September 2011, the City of St. Cloud approved an ordinance in a 3-2 vote to provide health insurance for domestic partners of employees, effective 01 October 2011 [R3.7].

On 07 September 2011, the Fort Lauderdale City Commission unanimously passed a resolution to cover health insurance for domestic partners of employees, effective 01 January 2012 [R3.7].

In April 2010, the Jackson Memorial Hospital in Miami reportedly had developed and implemented a non-discrimination policy that includes sexual orientation, gender identity and gender expression, a patient's bill of rights and a visitation policy that includes same-sex partners [R3.6].

See: Courts & Tribunals [R4.1] [R4.2] below.

On 09 March 2010, the city commission of Kissimmee approved 4–1 domestic partnership benefits for LGBT city employees [R3.5].

On 28 October 2009, the Tallahassee city commission unanimously approved domestic-partner benefits for city employees, allowing same-sex partners of city workers access to health, dental, vision, and other benefits coverage upon proof of their relationship [R3.4].

On 11 June 2009, City of Miami commissioners passed a domestic-partnership ordinance that would allow the city to offer health benefits to its employees' declared domestic partners [R3.3].

In August 1999, Gainesville city commissioners approved a plan to extend health benefits to both opposite- and same-sex partners starting at the beginning of 2000 [R3.2].

In November 2001, voters in Miami Beach approved offering health care coverage to domestic partners of city employees. The proposal defines domestic partners as two people in a committed relationship that is registered with the city [R3.1].

A second ballot measure that would offer survivor benefits to the domestic partners of police officers and firefighters was approved.

Domestic partnership benefits are believed to be available in at least five municipalities.

Courts & Tribunals

In September 2009, a federal court in Miami threw out the case of a lesbian denied the right to visit her dying partner in a Florida hospital, saying that no law required the hospital to admit visitors [R4.3] [R4.2].

In June 2008, a lesbian took legal action against the Jackson Memorial Hospital after being refused the right to sit with her dying partner of 18 years [R4.2] however,

In April 2001, the Florida supreme court declined to hear arguments in support of a declaration that a Broward County ordinance allowing unmarried partners to receive some of the same benefits as married couples was in violation of the state's defense of marriage act [R4.1].

State

There is no State-wide anti-discrimination legislation preventing discrimination on the basis of sexual orientation or gender [R1.1].

County

On 19 May 2011, the Volusia County Council voted 6–1 to add sexual orientation and gender identity as forbidden grounds for discrimination under the County's ordinance prohibition discrimination in employment, public housing and public accommodations [R2.6].

On 23 November 2010, by a 6–1 vote, Orange County banned sexual orientation- and gender identity-based discrimination in employment, housing and public accommodations [R2.5].

On 11 May 2010, Leon County, which includes the Florida state capital of Tallahassee, approved a human rights ordinance that includes protections for sexual orientation and gender identity. The law also adds the protections to the county's personnel policy [R2.4].

Palm Beach County commissioners have enacted a new law allows anyone in the county to file claims against an employer of 15 or more workers for discrimination on the basis of sexual orientation, marital status or family status -- adding those categories to the existing list of race, color, sex, national origin, religion, age and disability [R2.3].

A claim can lead to a county demand for compensation of lost wages or legal action seeking other damages.

In 1998 the Miami-Dade County 1977 human rights ordinance, which makes discrimination in housing, employment and finance on the basis of sexual orientation unlawful, was reinstated [R2.2].

An attempt led by the Florida Christian Coalition to overturn the ordinance was defeated by voters 10 September 2002.

In 1990, a Palm Beach County ordinance was passed, that protects gays from housing discrimination [R2.1].

Cities & Towns

On 15 August 2012, the City Council of Jacksonville rejected an ordinance that would have protected people from being fired for being gay or transgender [R3.10].

On 28 October 2009, the Tallahassee city commission agreed to add sexual orientation and gender identity to the city's antidiscrimination and antiharassment policies [R3.9].

In March 2009, fifty-eight per cent of Gainesville residents voted against repealing the anti-discrimination protections extended to gay, lesbian, bisexual and trans people [R3.8].

In 2008, Gainesville added gender identity to its antidiscrimination protections [R3.7].

In 2002, Gainesville and several other cities had adopted at least some form of protection based on sexual orientation [R3.6].

In January 2003, Key West added "gender identity and expression" to its human rights ordinance [R3.5].

In 1992, Miami Beach became the first city in the county to give equal protection to gays and lesbians in housing, employment and accommodations [R3.4].

In December 2002, an Orlando city ordinance prohibited employers from denying jobs and promotions because of sexual orientation. Landlords cannot refuse prospective lessees because they are gay or lesbian. Public accommodations such as hotels, bars and restaurants cannot refuse service to gays. It took effect Jan. 1 [R3.3].

Discrimination on the grounds that include race, color, age, disability, religion and national origin are already protected [R3.3].

In August 2003, Sarasota City Commission passed an ordinance prohibiting businesses with 5 or more unrelated employees from discriminating in employment, housing and public accommodations based on age, disability, gender, marital status, national origin, race, religion, sexual orientation and military veteran status [R3.2].

Effective 01 October 2003, people alleging discrimination will be able to lodge complaints with a city Human Relations Board. If the dispute cannot be resolved through mediation, the board can grant the right to sue in circuit court [R3.2].

Compensatory damages for discrimination in businesses with fewer than 15 employees is capped at $100,000.

In March 2003, the Lake County town of Montverde added sexual orientation to the protected categories in the town's charter November 2002 [R3.1].

A lawsuit commenced by three residents asks the court to force the town to rescind its charter and to revert to its previous 1925 charter.

Courts & Tribunals

On 01 November 2012, the Bank of America agreed to make an administrative payment of $7,500 to the Department of Housing and Urban Development as a consequence of denying a Flordia couple a mortgage based on their sexuality [D4.2], [R4.1].

Cities & Towns

In 2002, voters in Miami Beach approved a ballot measure that would offer survivor benefits to the domestic partners of police officers and firefighters [R1.1].

County

On 21 July 2011, Miami-Dade County school district added gender identity to its antiharassment and antibullying policy [R1.2].

On 19 May 2011, the Volusia County Council voted 6–1 to add sexual orientation and gender identity as forbidden grounds for discrimination under the County's ordinance prohibition discrimination in employment, public housing and public accommodations [R1.1].

Cities & Towns

In January 2010, the Miami Beach Human Rights Commission voted to update its human relations ordinance to include language protecting transgender residents from discrimination [R2.4].

On 19 November 2009, the Tampa city council voted 5–1 to extend antidiscrimination protections to transgender individuals in employment, housing and public facilities [R2.3].

On 28 October 2009, The Tallahassee city commission agreed to add sexual orientation and gender identity to the city's antidiscrimination and antiharassment policies [R2.2].

On 06 January 2003, the Key West City Commission unanimously amended its human rights ordinance to include protection against discrimination based on "gender identity and expression'' in employment, housing, public accommodations and lending [R2.1].

Mayor Jimmy Weekley was expected to sign the ordinance into law shortly.

Courts & Tribunals

In February 2003, in a groundbreaking decision, Florida Circuit Court Judge Gerard O'Brien ruled that Michael Kantaras, a transgender man, was legally male and was legally married to his former wife Linda Kantaras [R3.2].

The court also awarded Michael primary custody of the two children he and Linda raised together during their marriage [R3.2].

[The court affirmed and relied upon the Australian Family Court decision in Re Kevin [C3.1].

State

Since 1991, hate crimes based on sexual orientation have been considered an aggravating circumstance [R1.1].

State

Florida Statutes. Title XXIX Public Health. Chapter 384 Sexually Transmissable Diseases [L1.1]

(1) It is unlawful for any person who has chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or syphilis … to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse.

(2) It is unlawful for any person who has human immunodeficiency virus infection … to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse.

Courts & Tribunals

On 22 September 2011, Circuit Court Judge Hale Stancil dismissed the case (42-2010-CF-000284-AXXX-XX) against Darren Chiacchia, who was accused in early 2010 of having sex with another man while knowingly infected with the HIV virus, finding that the decision in L.A.P. v. State bound the Court. The District Attorney's Office reports it has filed a notice of intent to appeal [C2.4], [R2.3].

On 21 August 2011, the state attorney reportedly dropped charges in a Treasure Island case against Shan Steven Ortiz for failing to disclose his HIV-positive status to his partner of four years [R2.1]. See below.

On 10 June 2011, the 2nd District Court of Appeal ruled that the HIV-status disclosure law – section 384.24(2), Florida Statutes (2008) – did not apply in the case of a woman accused of having sex with another woman who failed to disclose her HIV-positive status. Because the law referenced "sexual intercourse" it could only be applied to heterosexual activity as the Court [in Green v. State, 765 So. 2d 910, 913 (Fla. 2d DCA 2000)] previously defined "sexual Intercourse" as "the penetration of the female sex organ by the male sex organ" [C2.2] [R2.1].

State

Florida law whilst gender neutral proscribes against sodomy.

Courts & Tribunals

The June 2003 US Supreme Court ruling in Lawrence & Garner -v- Texas that a similar the law in Texas was an unconstitutional violation of privacy is thought to nullify or invalidate the Florida law [C2.1] [R2.1].

State

In November 2008, a ballot measure to ban gay marriage was passed, amending the State's constitution [R1.1].

Previously:

In 1996, on the second attempt, the Defense of Marriage Act amended the law in Florida to prohibit marriages between same-sex couples and the recognition of gay marriages in other states.

Courts & Tribunals

In April 2004, six same-sex couples who were denied marriage licenses in Florida filed suit April 2004 asking a judge to overturn the state's ban on gay marriages [R2.2].

In 2004, the group of gay couples decided to drop the lawsuits — a federal judge dismissed their claim challenging the Defense of Marriage Act [R2.1].

State

On 22 October 2010, Attorney General Bill McCollum decided not to appeal the Gill case [R1.5]. Effectively, the ban on adoption by gay people was lifted as a consequence of the 3rd District Court of Appeal ruling on 22 September 2010 (below).

Previously:

In 1977, Florida law was amended to prohibit adoption by homosexuals [R1.4].

Florida law does not prevent homosexuals fostering children [R1.4].

See also: 2. Courts & Tribunals

On 09 February 2010, the Department of Children and Families agreed to provide health insurance, college tuition assistance, and other benefits to a teen adopted by a gay man [R1.3].

In September 2009, Adoption Quarterly published a study conducted by professors at the University of Texas at Arlington and at East Carolina University, using data from a survey of parents who adopted children through Florida's state child welfare agencies, as well as data on gay and lesbian adoptive couples nationally, providing further evidence of an intuitive truth: children adopted into gay families are every bit as emotionally healthy as straight couples' adoptees [R1.2].

In March 2009, state senator Nan Rich sponsored a bill to repeal a 1977 ruling against gays and lesbians adopting in Florida and another bill to grant judges the discretion to determine adoptions solely on "the best interests" of the child [R1.1].

Courts & Tribunals

On 06 February 2013, 11th Judicial Circuit Court Judge Antonio Marin approved a private adoption allowing three people – a gay man and a married lesbian couple – to be the legal parents of their 23-month-old daughter, with the man granted visitation rights [R2.18].

On 05 July 2012, 11th Judicial Circuit Court Judge Cindy Lederman, directed that a "Certified Statement of Final Decree of Adoption" be modified to read "Parent 1" and Parent 2" and the issuance of a new birth certificate for the child after declaring the adoptee the legal child of two male same sex partners [C2.17].

On 14 November 2011, Martin County Judge Sherwood Bauer approved same-sex couple Jessie and Cooper Odell's adoption of their 9-year-old son George [R2.16].

On 27 October 2010, the Third District Appeals Court in Miami upheld a lower court's ruling to allow a lesbian to adopt a young relative who had been taken into foster care shortly after birth [C2.15], [R2.14].

On 12 October 2010, the Department of Children and Families decided not challenge a recent appeals court decision that struck down the state's 33-year-old ban on gays adopting children. The DCF will now amend its forms so prospective parents are not asked if they are gay. But the ban is not completely dead as attorney general, Bill McCollum, has until October 21 to appeal the case [C2.13], [R2.12].

On 22 September 2010, the 3rd District Court of Appeal ruled that the strict ban on adoption by gay people is unconstitutional, affirming a 2008 decision by a Miami-Dade County judge who found "no rational basis" for the ban when she approved the adoption of two young brothers by Martin Gill and his male partner. The decision is likely to be appealed to the Florida Supreme Court [C2.11] [R2.10].

In February 2010, State child-welfare administrators appealed the adoption of an infant foster child by a gay Hollywood woman – the second challenge to Florida's gay-adoption law currently under review [R2.9].

In January 2010, Miami-Dade circuit judge Maria Sampedro-Iglesia wrote, "There is no rational connection between sexual orientation and what is or is not in the best interest of a child,'' when she ruled that Vanessa Alenier could adopt a one-year-old family member as her son [R2.8].

In 13 May 2009, the court of appeals unanimously agreed that the Sunshine State must give full faith and credit to adoptions granted to same-sex couples by other states [R2.7]. The decision was expected to go into effect in about 30 days, or possibly longer, if the supporters of the second-parent adoption ban petition the Florida supreme court to take on the case [Ibid].

In November 2008, Miami-Dade Circuit Judge Cindy Lederman ruled that a gay man can adopt his two foster children, despite a state law banning homosexuals from adopting [R2.6]. The ruling may lead the state to appeal to the Florida Supreme Court Ibid.

In September 2008, a Circuit Court Judge ruled that an openly gay man can adopt a boy with special needs he has been fostering for the past seven years [R2.5].

In January 2005, the US Supreme Court in Florida refused to hear an appeal to overturn Florida's blanket ban on adoption by gays, singles and unmarried couples [R2.4].

In August 2001, US District Judge James Lawrence King upheld the prohibition, in a suit challenging the constitutionality of the law banning homosexual couples from adopting children. The judge accepted the state's claim that married straight households are best for the kids [R2.3].

The case was brought by Steven Lofton and Roger Croteau, Doug Houghton from Miami and Wayne Smith and Daniel Skahen from Key West.

The two gay couples who are foster parents challenged Florida's 16-year-old law. The case being heard before the 11th U.S. Circuit Court of Appeals [R2.2].

In July 1997, an effort by a lesbian Dade County jail guard to overturn a state law banning child adoptions by gay men and lesbians was rejected by a Broward County judge [R2.1].

County

Effective 22 July 2011, Miami-Dade County schools will expressly protect gay and trans students from bullying or harassment under an amended policy that references sexual orientation and gender identity, reports the lobbying group Save Dade [R1.1].

Courts & Tribunals

On 18 March 2013, the First District Court of Appeal found a statement on Timothy Ryan O'Leary's personal Facebook page which threatened death or serious bodily injury, constituted “sending” within the meaning and in violation of section 836.10, Florida Statutes [C2.6], [R2.5].

On 27 October 2011, US District Judge Kenneth A Marra granted the defendant’s motion for summary judgment concerning plaintiff 's Title IX claims premised on sex discrimination and pervasive harassment, finding that most of the abusive comments pertained to sexual orientation rather than sex, and therefore cannot form the basis of the plaintiff's Title IX claim. The Court noted that many of the comments based on sexual stereotyping were not made directly to the plaintiff. Because he was therefore unaware of the comments at the time they were made, they cannot form the basis of a claim [C2.4], [R2.3].

In August 2000, Circuit Judge Marc Gilner denied an applicant an order under the state domestic violence law that would keep a partner away from him, saying Florida law doesn't recognize same-sex relationships [R2.2].

In June 1999, a judge ruled that Florida's domestic violence law covers gay couples [R2.1].