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NOTE: This website provides information about acquiring medical or attorney referrals; it is not medical or legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee.


Florida State Laws & Guidelines

Know Your Rights

Laws regarding adoption, nondiscrimination protections, hate crimes reporting and much more vary in each Southern state. For information about the policies that affect LGBTQ people in your state, please see these resources from national LGBTQ organizations:

Human Rights Campaign’s state law maps

Lambda Legal’s state law map‍

For more information about state-issued documents in Florida, see the National Center for Transgender Equality’s ID Documents Center.

Protect Your Rights

Protect your rights with estate planning tools like health care power of attorney forms. Estate planning makes clear your wishes for treatment during emergencies, at the end of your life, and beyond.

For LGBT people and their families, estate planning is a tool that can be used to secure basic rights that many take for granted. If you haven’t completed these important documents, it’s important to do so as soon as possible, at any age, whether you are single or partnered.

These documents will help you protect your rights and wishes:

  • Health Care Power of Attorney
  • Durable Power of Attorney
  • Will
  • Hospitable Visitation Form

Learn more about these tools in Life Lines, a publication of the National Center for Lesbian Rights.

How to Change Your Name and Gender Marker

The Florida law about name changes can be found here: Florida Statute 68.07

What You Need:

  • Name Change Petition (varies by county, see your local county clerk)
  • Final Judgment Form (or the court may provide this for you)
  • Social Security Form

Additional instructions can be found here.

Total Estimated Costs: $230.00.

For more information about state-issued documents in Florida, see the National Center for Transgender Equality’s ID Documents Center.

Steps:

  • Submit your fingerprints for a state and national criminal history records check. See your local clerk of court to find out the process for having your fingerprints taken and submitted, you must use an authorized service provider.
  • Fill out the petition and get it notarized.
  • File the petition with a cover sheet (different counties require different cover sheets, find out which your county uses) at county clerk’s office with $205.00.
  • The clerk will set a court date. To find out more about the procedure in your county ask the clerk about that process.
  • If your name change is granted the judge will issue a court order for your name change. You can get additional copies of the order for a small fee.

*Additional documents may be required: Driver’s license or picture ID, birth certificate or current passport, copies of current bills showing current address.

Don’t Forget: Once your name change has been approved, you will need to update this with several government agencies. This includes changing your name with the Social Security Administration and the Florida Department of Motor Vehicles. You will need to change your name with Social Security Administration prior to changing it with the DMV. You will need to bring the copy of your name change order along with $25.00 for a corrected license.

gender Marker Change

Florida WILL change the name and sex on a birth certificate. Information as of 2008 indicates that the old name remains “on the bottom of the new birth certificate”. To process a request for birth certificate amendment as a result of gender reassignment surgery:

You must present the court order entered when you changed your name (using the process above), OR if the name change order is from another state, you must provide evidence that the other state has a name change procedure similar to Florida’s.

Your existing birth record must be changed to reflect your name change before you can request to change your gender.

Once the name change is recorded, you must file a notarized affidavit, DH 430, Affidavit of Amendment to Certificate of Live Birth.

You must also submit medical records indicating that you have completed sexual reassignment in accordance with appropriate medical procedures and that you are now considered to be of (male/female) gender) for all medical purposes . The medical records must be signed by the physician who performed the reassignment surgery. The physician must include his/her medical license number, and you will be required to pay a fee.

Office of Vital Statistics
Department of Health and Rehabilitative Services
P.O. Box 210
Jacksonville, FL 32231-0042
(904) 359-6900 ext. 9005

This document is intended for informational use only, and is in no way intended to constitute legal advice or the opinions of the Campaign for Southern Equality. Because the law is constantly changing, the Campaign for Southern Equality cannot guarantee that this information is accurate and up-to-date.  Procedures and estimated costs may vary by county.  If you have any questions, please consult a licensed attorney.

 

 


Trans in the South Guide

More than 500,000 trans folks call the South home. Trans in the South contains lists of trans-friendly service providers – from doctors to attorneys to counselors – across the South. This resource guide helps people find the services they need to survive and thrive.

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