Florida LGBT Laws

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.

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].

On 25 September 2017, the US Court of Appeals for the Eleventh Circuit held ”(1) that (Section 213 of) the Internal Revenue Code does not permit Mr. (Joseph F) Morrissey to deduct the expenses attributable to the identification, retention, compensation, and care of the women who served as the egg donor and the gestational surrogate in his IVF process, and (2) that the IRS’s disallowance of Mr. Morrissey’s claimed deduction neither violates any fundamental right nor discriminates on the basis of any suspect (or quasi-suspect) characteristic. Accordingly, we affirm the district court’s order granting summary judgment and dismissing Mr. Morrissey’s claims” [C2.6], [R2.5].

On 07 November 2013, the Florida Supreme Court ruled that a woman who donated an egg to her lesbian partner has parental rights to the child, ordering a lower court to determine custody and visitation rights [C2.4], [R2.3].

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

On 14 October 2015, Chief Judge Villanti (with whom Casanueva and Morris, JJ concurred) in the Florida Second District Court of Appeal overturned a Manatee County circuit judge’s ruling that Elizabeth Pasik could legally pursue time-sharing with children her same sex partner Susan Russell had by artificial insemination in 2006 and 2008, Pasik herself carried two children to term, both of whom are the biological half-siblings of the children at issue. The children were raised by both women until the relationship ended in 2011. Pasik continued to play an active parenting role until 2013 when Russell refused to allow visitation with her two children [C1.8], [R1.7].

On 11 August 2014, the 5-judge panel of the Florida Supreme Court upheld a Fifth District Court of Appeal ruling giving adoptive mother G.P. full parental rights of a child born to her estranged partner C.P. and remitted the case to resolve the issues of access and visitation [R1.6].

On 07 November 2013, the Florida Supreme Court ruled that a woman who donated an egg to her lesbian partner has parental rights to the child, ordering a lower court to determine custody and visitation rights [C1.5], [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].

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 [R1.0].

On 18 December 2013, State Rep. Linda Stewart (D-Orlando) filed HB 439 (The Florida Families Act), which if approved, would create a domestic partner registry for the state of Florida [R1.4].

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].

On 08 August 2016, the Osceola County Commissioners approved the creation of a Domestic Partnership Registry enabling two unmarried unrelated adult registrants aged at least 18 to verify they are in a relationship residing in the same household, giving them the same rights to make emergency life decisions at places like the hospital, jail or funeral home. Any unmarried couples will be able to sign up for it in about 90 days, once the Clerk’s Office sets fees if they’re required. Nothing in the ordinance recognizes a domestic partnership as a marriage [R2.14].

On 20 October 2015, Orange County Commissioners repealed the domestic partner benefits program for Orange County employees who are in unmarried gay relationships, with effect from 01 January 2016. Eleven county employees use the program, and they will continue to have medical coverage until the end of next year [D2.13], [R2.12].

On 13 October 2015, the Broward County Commission updated its domestic partnership ordinance, adding new protections (including the right for domestic partners to participate in the education of dependents of their partners) and ensuring that partnerships registered elsewhere will be recognized in Broward County [R2.11].

On 15 October 2014, the Hillsborough County commissioners will hold a public hearing and vote on whether to create a domestic partner registry [R2.10].

On 05 June 2013, the Sarasota County Commissioners unanimously voted to green light a countywide domestic partner registry that would offer a handful of protections to non-married couples living in the county. The Ordinance is expected to be ready for consideration on 19 June [R2.9].

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].

On 16 September 2014, Boynton Beach Commissioners voted 4-to-1 to grant benefits to both heterosexual and homosexual partners of city employees equivalent to those offered to employees in state-recognized marriages [R3.22].

On 18 August 2014, West Palm Beach city commission passed an ordinance 5-0 requiring contractors with five or more employees and people who do at least $50,000 in business with the city to offer equal family benefits to all employees, including those in same-sex relationships. Companies that provide no benefits to employees’ spouses or dependents, government entities and certain contracts are exempted [R3.21].

On 12 December 2013, the Pensacola City Council gave final approval 8-1 to establishing a domestic partnership registry. Registrants will be granted the ability to make medical and funeral decisions for each other, visit one another in the hospital or prison and participate in the education of mutual children and also will be automatically notified in case of an emergency and designated as pre-need guardians [R3.20].

On 10 September 2013, the Boca Raton City Council voted 4-1 to pass Ordinance No. 5251) to extend the full range of domestic partnership benefits to its municipal employees [L3.19], [R3.18].

On 10 September 2013, the Palm Beach Gardens City Council voted unanimously to offer health insurance benefits to municipal employees’ domestic partners and their dependent children, with a target implementation date of 01 January 2014 [R3.17].

On 11 July 2013, the Palm Beach Town Council set 13 August 2013 as the date to make a final decision on whether to offer domestic partnership benefits to employees with same-sex spouses or partners [R3.16].

On 05 June 2013, the Miami Beach City Commission unanimously passed a tax equity ordinance that allows the city to reimburse municipal employees in domestic partnerships who pay extra taxes on health benefits that married heterosexuals do not have to pay [R3.15].

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 [R3.14].

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 weekst [R3.13].

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 [D3.12], [R3.11].

On 15 October 2012, the City of Sarasota approved the Domestic Partnership Registry Ordinance No 12-5019 [D3.10].

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.

On 04 August 2014, Circuit Court Judge Dale C Cohen ruled that the state’s same-sex marriage ban unconstitutional in preventing state officials from recognizing legal civil unions and marriages performed outside of the state and granting Heather Brassner a dissolution of her civil union. The order was immediately stayed pending the outcome of expected appeals [C4.5], [R4.4].

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].

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

On 22 September 2015, Palm Beach County Board of Commissioners voted 6-0 to expand the the definition of public accommodation in the County Ordinance for Equal Opportunity to Housing and Places of Public Accommodation to include retail stores, schools, daycare and senior centers, medical offices, funeral homes, bakeries, laundromats, and virtually all other places of business throughout the county. The ordinance protects against discrimination on the grounds of sexual orientation and gender identity. Violations carry a fine of up to $50,000 [R2.9].

On 02 December 2014, Miami-Dade County Commissioners passed an ordinance 8-3 (two absentees) amending the Human Rights Ordinance to protect citizens from discrimination on the basis of gender identity in housing, public accommodations and employment [R2.8].

On 01 October 2014, Hillsborough County commissioners voted 7-0 in favor of expanding the county’s Human Rights Ordinance to cover sexual orientation and gender identity in prohibiting discrimination in employment, public accommodations, real estate transactions, and county contracting and procurement [R2.7].

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].

On 21 January 2016, Lake Worth City Commissioners unanimously voted to ensure that the city’s lesbian, gay, bisexual and transgender (LGBT) residents and municipal employees will be protected from discrimination, updating the city’s procurement policy, merit services policy and the Fair Housing Act to prohibit discrimination based on sexual orientation and gender identity or expression [R3.21].

On 13 October 2015, the Wellington Village Council voted unanimously to enact Ordinance No. 2015-11 (Civil Rights), an anti-discrimination ordinance to extend state and county protections to everyone regardless of race, gender, sexual orientation or other identifying factors. It prohibits discrimination of any kind, including employment and housing, effective immediately upon adoption [L3.20], [R3.19].

On 05 October 2015, the Mascotte City Council introduced a Human Rights ordinance to make unlawful discrimination on the grounds of sexual orientation and gender identity in the areas of employment, housing and public accommodations. The ordinance will be considered for adoption on 02 November [R3.18].

On 26 May 2015, the City Commission of the City of Leesburg passed 3-2 an anti-discrimination ordinance making discrimination on the basis of sexual orientation or gender identity in public accommodations and workplaces and the provision of services unlawful [L3.17], [R3.16].

On 17 February 2015, Boynton Beach City Commissioners unanimously voted on first reading to adopt a civil rights ordinance establishing, as matter of public policy, that the city opposes discrimination based on race, color, national origin, religion, sex, gender identity or expression, genetic information, sexual orientation, disability, marital status, pregnancy, familial status or age. A final vote is expected on 03 March [R3.15].

On 16 September 2014, Boynton Beach Commissioners voted 4-to-1 to update city personnel policies to prohibit discrimination due to gender identity or expression and instructed the city attorney to draft a civil rights ordinance that will include LGBT residents and be voted on later in the year [R3.14].

On 11 August 2014, the Orlando City Council voted 7-0 to approve an amendment to the city’s Human Rights Ordinance that adds “gender identity” as a protected class in the areas of housing, employment, and public accommodations [R3.13].

On 10 September 2013, the Boca Raton City Council voted unanimously to pass (Ordinance No. 5252) extending the jurisdiction of the Community Relations Board to include the city’s lesbian, gay, bisexual and transgender residents [L3.12], [R3.11].

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.

On 19 June 2018, Judge Edward P Nickinson was reported to have ruled against M2F Pensacola woman Nevaeh Love who claimed she was discriminated against because she is transgender when asked by event organiser Katoshia Young to move from her seat at a ladies-only, adult fundraising event featuring Royalty-N-Heelz, a male exotic performing group. The dancers purportedly ”expressed objections to performing their show, which involved some degree of disrobing and mingling with the patrons, if a person they considered to be male was to be in the audience”[C4.13], [R4.12].

On 24 July 2017, the US Equal Employment Opportunity Commission determined that determined Sam’s Club, a subsidiary of Walmart, violated Title VII of the Civil Rights Act of 1964 in discriminating against transgender employee Jessica Shyne Robison, finding a supervisor began harassing and intimidating her when she began her gender transition in 2014. Sam’s Club disciplined and demoted Robison after she filed a complaint [C4.11], [R4.10].

On 09 February 2017, Administrative Law Judge J. Bruce Culpepper ruled that Cut the Cake proprietors, Sharon Haller and her daughter, Cyndol Knarr did not discriminate against Robert Mannarino on the grounds of religion in refusing to make him a cake with the words ”Homosexuality is an abomination unto the Lord” and the bakery was not a place of ”public accommodation” [C4.9], [R4.8].

On 06 December 2016, the Court of Appeals for the Eleventh Circuit overturned a lower-court ruling that supported the Lake County School Board’s decision to block middle-schoolers from forming a gay-straight-alliance club to combat bullying, finding that the Equal Access Act – which requires federally funded secondary schools to treat all extracurricular clubs the same – applies to middle-school students [C4.7], [R4.6].

On 16 September 2015, the District Court of Appeal for the Fourth District ruled that “In light of the recent decision of the Supreme Court of the United States in Obergefell v. Hodges, 135 S. Ct. 2584 (2015), we reverse the determination of the Residency Appeals Committee of Florida Atlantic University denying the appellant’s request for classification as a Florida resident based on his Massachusetts marriage to his same-sex spouse [C4.5], [R4.4].

On 30 May 2013, a federal judge upheld the right of a gay-straight alliance to meet at a middle school in Leesburg in compliance with an agreement reached late last month that allowed the group to meet until the end of the school year [R4.3].

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].

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].

On 18 July 2014, US District Court Judge Roy B Dalton granted a motion to strike the pleadings of Michael O’Quinn, dismiss the counterclaim and enter final judgment in favour of the Everything Devine Inc., in a dispute over the Will of Frances D Milstead and estate of Harris Glenn Milstead aka Divine. O’Quinn was alleged to have improperly taken over and misappropriated the Estate [C2.4], [R2.3].

On 05 August 2014, Circuit Judge Diana Lewis in the Circuit Court for Palm Beach County ordered that W Jason Simpson, as the spouse of the deceased Frank C Bangor, be appointed personal representative of the Florida estate of the deceased. The men were married in Delaware in 2013 [C2.2], [R2.1].

On 02 December 2014, Miami-Dade County County Commissioners passed an ordinance 8-3 (two absentees) amending the Human Rights Ordinance to protect citizens from discrimination on the basis of gender identity in housing, public accommodations and employment [R1.4].

On 20 August 2013, Pinellas County Board of County Commissioners voted 6-1 to add gender identity to the county’s human rights ordinance, prohibiting most organizations in the county from discriminating against trans people in employment, housing and public accommodations (including access to public restrooms that are consistent with their gender identity and expression) [R1.3].

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].

On 13 July 2016, the City of West Palm Beach was reported to have approved eligibility under the City’s health plan with effect from 01 July, for both male-to-female and female-to-male employees of at least twelve months duration who have been diagnosed as having gender dysphoria, for certain procedures including pre- and post-surgical hormone therapy, orchiectomy, mastectomy, abdominal hysterectomy, vaginoplasty and vaginectomy [R2.8].

On 17 November 2014, the Sarasota City Commission unanimously voted to pass an amendment that will add gender identity and expression to its already in place human rights ordinance [R2.7].

On 06 October 2014, Sarasota City commissioners voted 5-0 to include transgender people to a list of protected classes in the city’s anti-discrimination code, subject to a final vote on a later date, when an updated ordinance that makes it clear that discrimination on the basis of gender also includes gender identity and expression is presented [R2.6].

On 11 August 2014, the Orlando City Council voted 7-0 to approve an amendment to the city’s Human Rights Ordinance that adds “gender identity” as a protected class in the areas of housing, employment, and public accommodations [R2.5].

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.

On 11 September 2018, the US District Court Judge Roy B Dalton Jr approved the final settlement agreement, which grants the student, known as John Doe, permission to use the boys’ bathrooms and locker rooms in the Volusia county school district [C3.13], [R3.12].

On 22 August 2018, Chief US District Judge Mark E Walker declared it unconstitutional to deny social transition as part of medically necessary care for a transgender inmate and ordered the Department of Corrections to permit Reiyn Keohane access to female clothing and grooming standards and requiring the Department to continue to provide Ms. Keohane with hormone therapy so long as it is not medically contraindicated and while Ms. Keohane remains in Defendants custody [C3.11], [R3.10].

On 26 July 2018, US District Court Judge Timothy Corrigan ruled that 18-year-old St. Johns County transgender high school student Drew Adams can use the boys bathroom during his final year in school. The school forced him to use ”gender-neutral” bathrooms, citing a district policy [C3.9], [R3.8].

On 19 June 2018, Judge Edward P Nickinson was reported to have ruled against M2F Pensacola woman Nevaeh Love who claimed she was discriminated against because she is transgender when asked by event organiser Katoshia Young to move from her seat at a ladies-only, adult fundraising event featuring Royalty-N-Heelz, a male exotic performing group. The dancers purportedly ”expressed objections to performing their show, which involved some degree of disrobing and mingling with the patrons, if a person they considered to be male was to be in the audience” [R3.7].

On 24 July 2017, the US Equal Employment Opportunity Commission determined that determined Sam’s Club, a subsidiary of Walmart, violated Title VII of the Civil Rights Act of 1964 in discriminating against transgender employee Jessica Shyne Robison, finding a supervisor began harassing and intimidating her when she began her gender transition in 2014. Sam’s Club disciplined and demoted Robison after she filed a complaint [C3.6], [R3.5].

On 28 September 2016, Leon Circuit Judge Karen Gievers ordered the Florida Department of Health to change the birth certificate of a 15-year-old Broward teenager from ”female” to ”male” [C3.4], [R3.3].

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].

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

On 15 December 2015, Miami-Dade Circuit Judge Richard Hersch handed down a fairly light sentence against Andras Janos Vass, just over 140 months in state prison. Vass was found guilty human trafficking and racketeering on 09 April 2015. The two other men allegedly heading the sex ring Gabor Acs and Viktor Berki, are currently awaiting trial [C2.2], [R2.1].

On 09 December 2018, the Broward County Commission unanimously passed (8-0, 1 absentee) an ordinance prohibiting the practice of conversion therapy on minors. A violation of the Ordinance is a civil penalty of $250 for the first violation and $500 for each repeat violation. The Ordinance will become effective as provided by law [R1.1]

On 27 June 2017, the Wellington Village Council voted 3-2 putting into effect immedately Ordinance 2017-10 prohibiting doctors, osteopaths, psychologists, psychiatrists, social workers, marriage or family therapists and licensed counselors throughout Wellington from practicing conversion/reparative therapy on minors however, the ban does not apply to members of the clergy unlicensed by the state [R2.8].

On 03 January 2017, City of Boynton Beach reportedly voted unanimously to ban the practice of conversion therapy on minors. Also known as reparative therapy, conversion therapy involves changing one’s sexual orientation, gender identity or gender expression through aversion treatment [R2.7].

On 13 December 2016, the Lake Worth City Commission reportedly vote 5-0 to ban the practice of conversion therapy on children throughout the city [R2.6].

On October 2016, the City Commission of West Palm Beach unanimously passed the First Reading of Ordinance No. 4666-16 to ban conversion therapy for LGBT minors. A Public Hearing and Second Reading was scheduled for 07 November 2016 [R2.5].

On 23 August 2016, the City of Wilton Manors Commission the First Reading of Ordinance No. 2016-009 was unanimously passed. If the Ordinance is finally passed into law, it will prohibit licensed professionals from engaging in counseling that attempts to change a minor’s sexual orientation or gender identity. The penalty for violations is $200 for every day that the therapy takes place [R2.4].

On 13 July 2016, the City of West Palm Beach was reported to have approved eligibility under the City’s health plan with effect from 01 July, for both male-to-female and female-to-male employees of at least twelve months duration who have been diagnosed as having gender dysphoria, for certain procedures including pre- and post-surgical hormone therapy, orchiectomy, mastectomy, abdominal hysterectomy, vaginoplasty and vaginectomy [R2.3].

On 11 June 2014, the City of Miami Beach Commission unanimously voted to offer transgender health and medical benefits to city employees – including include gender-reassignment surgery, such as mastectomies for female-to-male transgendered people, and hormone treatments – starting this October [R2.2].

On 02 June 2014, City of Lakeland commissioners approved 5-3 expanding healthcare coverage to the spouses of city employees, declining to expand benefits to the unmarried same-sex partners [R2.1[.

On 30 January 2019, US District Court Magistrate Judge Amanda Sansone ruled that Tampa Ordinance 2017-47 banning counseling against same-sex attractions mostly likely violates the First Amendment, giving Liberty Counsel (the faith community adhering to the biblical definitions for marriage and relationships that brought the case on behalf of New Hearts Outreach ministry), its first major victory since the Supreme Court handed down a precedent in last year’s pregnancy-crisis-center case [C3.4], [R3.3].

On 22 August 2018, Chief US District Judge Mark E Walker declared it unconstitutional to deny social transition as part of medically necessary care for a transgender inmate and ordered the Department of Corrections to permit Reiyn Keohane access to female clothing and grooming standards and requiring the Department to continue to provide Ms. Keohane with hormone therapy so long as it is not medically contraindicated and while Ms. Keohane remains in Defendants custody [C3.2], [R3.1].

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, when such person knows he or she is infected with this disease and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, 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..

On 24 February 2017, the Florida Supreme Court ruled that in the context of section 384.24(2), ”sexual intercourse” unambiguously denotes sexual conduct that includes acts of oral and anal intercourse. Gary G. Debaun was charged with violating the Florida Statute making it unlawful for any HIV-positive person to have sexual intercourse with any other person, unless that person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse [C2.9], [R2.8].

On 04 Februuary 2015, the Florida Supreme Court heard arguments on the definition of sexual intercourse in a test of a law requiring HIV-positive people to tell partners of their status. In 2011, Gary Debaun was charged with falsely telling a man he did not have the virus before they engaged in sex acts. Monroe County Circuit Judge Wayne Miller dismissed the case saying state law defined “sexual intercourse” as male-female genital penetration.The district appeals court overturned Miller’s ruling and asked the Supreme Court to intervene [R2.7].

On 31 May 2013, Judge William D Palmer for the 5th District Court of Appeal reinstated a felony charge against Olympic equestrian star Darren Chiacchia, who is accused of failing to notify a (male) sex partner that he was HIV positive, rejecting the argument that “sexual intercourse”, for purposes of the statute, was defined as the female sex organ being penetrated by the male sex organ. Since the 5th DCA’s opinion directly conflicts with that of the 2nd DCA, the Florida Supreme Court has been notified and could choose to resolve the conflict and provide a clear precedent [C2.6], [R2.5].

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].

Florida law whilst gender neutral proscribes against sodomy.

On 30 January 2019, US District Court Magistrate Judge Amanda Sansone ruled that Tampa Ordinance 2017-47 banning counseling against same-sex attractions mostly likely violates the First Amendment, giving Liberty Counsel (the faith community adhering to the biblical definitions for marriage and relationships that brought the case on behalf of New Hearts Outreach ministry), its first major victory since the Supreme Court handed down a precedent in last year’s pregnancy-crisis-center case [C2.5], [R2.4].

On 18 October 2018, Broward County Judge Lerner Wren reportedly dismissed the charge of indecent exposure in public against Bolmer Romero Alvarez saying, patrons of the Pleasure Emporium had expectation of privacy in locked theaters at the business. Two undercover Hollywood police officers paid $25 to enter the adult video rooms section and witnessed sexual activity between men. Florida law states that it is illegal to expose one’s sexual organs in a public place or a private place except in any place provided or set apart for that purpose [R2.3].

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].

On 10 March 2016, Governor Rick Scott signed HB 43 or the Pastor Protection Act into law, effective 01 July. The Act provides that certain individuals and entities may not be required to solemnize a marriage or provide marriage-related goods, services, or accommodations if doing so would violate their sincerely held religious beliefs [R1.3].

On 26 June 2013, the US Supreme Court ruled 5-4 that same-sex couples have the constitutional right to marry and all states must fully recognize same-sex marriages lawfully performed in any jurisdiction [C3A.X], [R3A.X].

In November 2008, a ballot measure to ban gay marriage was passed, amending the State’s constitution [R1.2].

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.

On 08 October 2014, the State Department of Health issued its first death certificate recognizing Arlene Goldberg as the surviving spouse of Carol Goldwasser (who married in New York in 2011) enabling Goldberg to get Goldwasser’s Social Security survivor’s benefits [R1.1].

A. Federal Courts

On 23 March 2017, US District Judge Robert L Hinkle ruled that the state must issue accurate death certificates to all surviving same-sex spouses [C3A13], [R3A12].

On 30 March 2016, US District Judge Robert L Hinkle issued a final judgment declaring the state of Florida’s ban on marriages for same-sex couples unconstitutional and ordered an injunction against enforcement of the Florida Constitution, Article I, § 27; Florida Statutes § 741.212; and Florida Statutes § 741.04(1) [C3A11], [R3A10].

On 01 January 2015, US District Judge Robert Hinkle ruled that county court clerks have a legal duty to issue marriage licenses to same-sex couples, but stopped short of ordering them to do so [C3A.9], [R3A.8].

On 19 December 2014, US Supreme Court issued an order declining to extend stay on federal court ruling striking down the Florida state ban on marriage equality. The stay will expire at the end of the day on 05 January 2015, at which point same-sex couples can legally begin marrying in the Sunshine State [C3A.7], [R3A.6].

On 03 December 2014, the US Court of Appeals for the Eleventh Circuit denied the motion seeking an extension of the preliminary injunctions pending appeal of the judgment of US District Court Judge Robert L Hinkle in the Brenner v. Scott same-sex marriage case that found the State same-sex marriage ban unconstitutional. The Court noted the preliminary injunctions expire on 05 January 2015, meaning that in the absence of an appeal to the US Supreme Court same-sex couples may then seek to get married [C3A.5], [R3A.4].

On 04 September 2014, a joint notice of appeal to the US Court of Appeals for the 11th Circuit was filed against the decisions in the Brenner v. Scott and Grimsley v. Scott cases [Nos. 14-14061-AA and 14-14066-AA] [C3A.3].

On 21 August 2014, US District Court Judge Robert L Hinkle granted a state-wide preliminary injunction in Brenner v. Scott preventing the state from enforcing the same-sex marriage ban. The decision is stayed pending Supreme Court action on several petitions for review in marriage cases that are pending [C3A.2], [R3A.1].

On 26 June 2013, the US Supreme Court ruled 5-4 that same-sex couples have the constitutional right to marry and all states must fully recognize same-sex marriages lawfully performed in any jurisdiction [C3A.X], [R3A.X].

B. State Courts

On 29 May 2015, the District Court of Appeal of Florida Second District reversed the Circuit Court for Hillsborough County opinion of Judge Laurel M Lee, referring to the reasons given in Brandon-Thomas v. Brandon-Thomas on 24 April 2015 – in effect re-stating that same-sex couple married outside the state have the right to get divorced – and remanded the case to the Circuit Court [C3b.28], [R3B.27].

On 24 April 2015, the Florida 2nd District Court of Appeal in a judgment that binds judges across the State, ruled that same-sex couples married outside the State have the right to get divorced [C3B.26], [R3B.25].

On 05 January 2015, Eleventh Judicial Circuit Court Judge Sarah I Zabel vacated the stay on her 25 July 2014 decision finding the state ban on same-sex marriage unconstitutional, enabling marriage licences to be obtained immediately [C3B.24], [R3B.23].

On 31 December 2014, Circuit Judge Timothy R Shea made an order granting the emergency petition for a declaratory judgment filed by the Orange County Clerk of Courts, finding the judgment in Brenner v. Scott overturning the ban on same-sex marriage unconsititutional was the law in Florida [C3B.22], [R3B.21].

On 24 December 2014, the Florida 3rd District Court of Appeal upheld the Circuit Court sua sponte (of its own accord) order of Judge George A Sarday made 12 July 2012 dismissing the petition of Sarah Oliver and Heather Stufflebeam seeking the dissolution of their marriage in Iowa on 17 August 2009. The constitutionality of the state prohibition of same-sex marriage was not raised or considered [C3B.20], [R3B.19].

On 17 December 2014, following his 08 December 2014 finding that Florida’s gay marriage ban is unconstitutional because it violates the Fourth Amendment’s guarantees of equal protection and due process, Circuit Court Judge Dale Cohen dissolved the 2002 Vermont marriage of Heather Brassner and Megan Lade [R3B.18].

On 08 December 2014, Broward County Circuit Court Judge Dale Cohen overturned Florida’s ban on gay marriage for a second time after he vacated his 04 August first ruling on a legal technicality [C3B.17], [R3B.16].

On 09 September 2014, it was reported that Broward County Judge Dale Cohen vacated his 04 August decision [see C3B.10] that found Florida’s gay-marriage ban was unconstitutional in the Heather Brassner v. Megan Lade divorce case saying, “ the Petitioner, Heather Brassner, has failed to comply with [state law] by failing to [give] notice [to] the Office of the Attorney General of these proceedings by either registered or certified mail”. Judge Cohen canceled a hearing to finalize the dissolution that was originally set for Wednesday, but said the parties can reschedule a hearing in the case [R3B.15].

On 05 September 2014, the Florida Supreme Court declined to hear the Mariama Monique Shaw v. Keiba Lynn Shaw divorce case No. 2D14-2384 referred directly from the Second District Court of Appeals without a hearing and remanded the case back to the Court of Appeals [C3B.14], [C3B.13], [R3B.12].

On 03 September 2014, the deadline passed for an appeal in the Broward Circuit Court divorce case between Heather Brassner and Megan Lake and Judge Cohen was expected finalize the first valid divorce in the State [R3B.11].

On 04 August 2014, Judge Dale C Cohen in the Circuit Court of the 17th Judicial Circuit ruled that the state’s same-sex marriage ban unconstitutional in preventing state officials from recognizing legal civil unions and marriages performed outside of the state and granting Heather Brassner a dissolution of her civil union. The order was immediately stayed pending the outcome of expected appeals [C3B.10], [RB3.9].

On 25 July 2014, Judge Sarah Zabel in the Circuit Court for the Eleventh Judicial District ruled the State same-sex marriage ban violates the Due Process and Equal Protection Clauses of the United States Constitution and that Article 1, section 27 of Florida’s Constitution is void and unenforceable. The ruling was stayed pending the outcome of an expected appeal [C3B.8], [R3B.7].

On 17 July 2014, Monroe County Circuit Court Judge Luis M Garcia overturned the state’s constitutional ban on marriage equality. Attorney General Pam Bondi has appealed the decision, and is expected to seek a stay pending appeal to ensure no marriages take place [C3B.6], [R3B.5].

On 21 January 2014, a complaint was filed in the Circuit Court of the Eleventh Judicial Circuit, Miami-Dade County Florida, arguing that the state’s laws barring same-sex couples from marriage violate the United States Constitution by denying them the legal protections and equal dignity that having the freedom to marry provides [C3B.4], [R3B.3].

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 [R3B.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 [R3B.1].

3A. Federal Courts

3B. State Courts

On 05 May 2016, the Department of Health instructed all hospitals and birthing centers in Florida to begin issuing birth certificates to married same-sex couples who have given birth to a child that list them as ”mother” and ”father” and the order is retroactive. In order to waive the $20 amendment fee listed, couples should contact Betty Shannon at the Office of Vital Statistics at: (904-359-6990), Betty.Shannon@flhealth.gov [R1.9].

On 11 June 2015, Governor Governor Rick Scott signed into law a bill that aims to increase adoptions and also repeals from statute a ban on gay people adopting children. The ban hasn’t been enforced since 2010, when the Third District Court of Appeal ruled it unconstiutional [R1.8].

On 09 April 2015, the House of Representatives approved 75-38 bill HB7111 that would allow private adoption agencies to reject same-sex couples as potential parents on religious grounds. The Bill has yet to pass the Senate [R1.7].

On 11 March 2015, the Florida House of Representatives passed 68-50 bill HB 7013, which included a provision removing the now defunct [See Courts & Tribunals at C2.11] state law banning adoptions by lesbians and gay men. The Bill has yet to pass the Senate [R1.6].

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].

On 16 August 2017, a three-judge panel of the 3rd District Court of Appeal upheld a Miami-Dade County circuit judge’s ruling that blocked parental rights for Vivian De Los Milagros Castellat, who helped raise a child for four years with her former partner, Gisela Lissette Pereira. The women were not married, and Pereira was the birth mother of the child, a girl born in 2009. The women separated in 2013 [C2.29], [R2.28].

On 05 January 2017, lawyers for lead plaintiffs Kari and Deborah Chin and others and the state filed a document notifying US District Court Judge Robert Hinkle they had reach a settlement under which the state agreed to issue corrected birth certificates free of charge to the plaintiffs and to all same-sex couples who received incorrect documents. The state also pledged to apply the statute regarding birth certificates ”and any forms promulgated based on that statute to same-sex spouses in the same manner as they are applied to opposite-sex spouses”. The state also agreed to pay $55,000 to in legal fees and costs to the plaintiffs [C2.27], [C2.26], [R2.25].

On 11 January 2016, the US Supreme Court rejected an appeal by Peggy Willis against the lower court ruling, upheld by the Florida District Court of Appeals, that she had no parental right to the child conceived by her previous female partner Anne Marie Mobley. Willis asserted that her constitutional rights had been violated [R2.24].

On 21 May 2014, the Appeals Court ruled 3-1 in a public decision to overturn the trial judge’s decision to undo the adoption agreed between the biological mother and her now separated partner, restoring the adopted mother’s parental rights [C2.23], [R2.22].

On 07 November 2013, the Florida Supreme Court ruled that a woman who donated an egg to her lesbian partner has parental rights to the child, ordering a lower court to determine custody and visitation rights [C2.21], [R2.20].

On 18 June 2013,Judge Charles B Curry of the 10th Judicial Circuit Court gave final approval during a hearing in Bartow for Randy Vosburg and Nick Santamaria to adopt 11-year-old Francisco Santamaria Vosburg (“Frankie”), marking the first time a same-sex couple has been granted a two-parent adoption in Polk County [R2.19].

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].

On 18 October 2018, Broward County Judge Lerner Wren reportedly dismissed the charge of indecent exposure in public against Bolmer Romero Alvarez saying, patrons of the Pleasure Emporium had expectation of privacy in locked theaters at the business. Two undercover Hollywood police officers paid $25 to enter the adult video rooms section and witnessed sexual activity between men. Florida law states that it is illegal to expose one’s sexual organs in a public place or a private place except in any place provided or set apart for that purpose [R1.3].

On 07 December 2016, Judge Anthony Black in the State Second District Court of Appeal ruled that there is no Fifth Amendment privilege against self-incrimination protecting iPhone passwords in the circumstances of the case. Aaron Stahl was charged with video voyeurism for allegedly extending his arm, holding an illuminated cellphone under a woman’s skirt [C1.2], [R1.1].

On 05 June 2013, the Miami Beach City Commission unanimously passed a tax equity ordinance that allows the city to reimburse municipal employees in domestic partnerships who pay extra taxes on health benefits that married heterosexuals do not have to pay [R1.3].

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 [R1.2].

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 [R1.1].

On 25 September 2017, the US Court of Appeals for the Eleventh Circuit held ”(1) that (Section 213 of) the Internal Revenue Code does not permit Mr. (Joseph F) Morrissey to deduct the expenses attributable to the identification, retention, compensation, and care of the women who served as the egg donor and the gestational surrogate in his IVF process, and (2) that the IRS’s disallowance of Mr. Morrissey’s claimed deduction neither violates any fundamental right nor discriminates on the basis of any suspect (or quasi-suspect) characteristic. Accordingly, we affirm the district court’s order granting summary judgment and dismissing Mr. Morrissey’s claims” [C2.2], [R2.1].

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].

On 06 December 2016, the Court of Appeals for the Eleventh Circuit overturned a lower-court ruling that supported the Lake County School Board’s decision to block middle-schoolers from forming a gay-straight-alliance club to combat bullying, finding that the Equal Access Act – which requires federally funded secondary schools to treat all extracurricular clubs the same – applies to middle-school students [C2.8], [R2.7].

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].