Conversion therapy is not banned in Florida. No state statute prohibits it, and the local ordinances that once outlawed the practice for minors were struck down by the Eleventh Circuit Court of Appeals in 2020. A licensed therapist in Florida can legally offer conversion therapy to clients of any age. If you believe you or a family member was harmed, your options are a professional licensing complaint, a civil lawsuit, or both.
No State Law Prohibits It
The Florida Legislature has never passed a law banning conversion therapy. Bills to prohibit the practice on minors have been filed in several sessions, but none have made it through both chambers. There is no statewide rule aimed specifically at conversion therapy, and no licensing regulation that singles it out. Practitioners operate under the same general ethical and standard-of-care rules that apply to any other therapeutic service.
Why Local Bans No Longer Apply
Before 2020, roughly two dozen Florida cities and counties, including Boca Raton, Tampa, Miami-Dade County, and Palm Beach County, prohibited licensed mental health professionals from performing conversion therapy on minors. Fines were modest, typically a few hundred dollars per violation, and some jurisdictions could seek court orders to stop a practitioner from continuing.1United States Court of Appeals for the Eleventh Circuit. Otto v. City of Boca Raton
Two licensed therapists challenged the Boca Raton and Palm Beach County ordinances on First Amendment grounds. In November 2020, the Eleventh Circuit sided with them in Otto v. City of Boca Raton, holding that talk therapy is speech and that content-based restrictions on what a therapist is allowed to say cannot survive strict scrutiny.2Justia. Otto v. City of Boca Raton, No. 19-10604 The court distinguished speech-based counseling from medical procedures, which governments have broader authority to regulate.
The ruling binds every federal court in Florida, Alabama, and Georgia. Any similar municipal ban in those three states is unenforceable under the same reasoning, and a new one would face immediate challenge under binding precedent. Boca Raton and Palm Beach County were also ordered to pay $884,374 in attorney fees and $659 in costs to the therapists who sued, which is a strong signal to any other city considering a ban.
Filing a Licensing Complaint
A therapist’s conduct can still be reviewed by the state licensing board even though the therapy itself is not prohibited. Social workers, marriage therapists, and mental health counselors are overseen by the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling. Psychologists are overseen by the Board of Psychology. Both operate under the Florida Department of Health, which investigates complaints and refers cases to the appropriate board.
Florida law lists dozens of grounds for discipline. Among the most relevant to conversion therapy are making false or misleading claims about treatment outcomes, guaranteeing beneficial results, and failing to meet the standard of care expected in the profession.3Florida Senate. Florida Code 491 – 491.009 Discipline A therapist who promises that counseling will change a client’s sexual orientation is making a claim no credible evidence supports, which can itself be the basis for discipline.
The penalties a board can impose are significant. Administrative fines run up to $10,000 per violation. A board can also suspend or permanently revoke a license, place a practitioner on probation with conditions such as supervised practice or additional training, issue a formal reprimand, or require the therapist to refund fees collected from the patient.4Florida Legislature. Florida Code 456 – 456.072 Grounds for Discipline; Penalties; Enforcement
The standards used by major professional organizations matter in these proceedings. The American Psychological Association formally opposes conversion therapy, finding that it puts individuals at significant risk of harm, and discourages training in the practice at any stage of a psychologist’s education.5American Psychological Association. APA Resolution on Sexual Orientation Change Efforts That consensus is not law, but boards weigh it when deciding whether a provider met the standard of care.
Suing for Harm
A person harmed by conversion therapy can bring a medical malpractice or professional negligence lawsuit. The deadlines are strict. You generally have two years from the date you discovered the injury, or should have discovered it with reasonable diligence, to file a medical malpractice claim. There is an outer limit of four years from the date the treatment occurred, no matter when you discovered the harm. For minors, that four-year cap does not apply if the lawsuit is filed before the child turns eight.6Florida Legislature. Florida Code 95 – 95.11 Limitations Other Than for the Recovery of Real Property
If the therapist concealed the injury or committed fraud, the clock extends to two years from the actual date of discovery, with an absolute ceiling of seven years from the incident. Missing these deadlines usually ends the case. Florida also requires a pre-suit investigation period in malpractice cases, which eats into the available time before you can file.
A separate theory applies when a therapist made specific promises about results. Guaranteeing that therapy will change someone’s sexual orientation, when no credible evidence supports that outcome, can be framed as a deceptive practice. These claims turn on exactly what the provider said or advertised before the client agreed to treatment, so saved emails, intake paperwork, and marketing materials matter.
What This Means for Parents and Minors
Florida law allows minors age 13 and older to seek outpatient crisis mental health services on their own, up to two visits per week, during a crisis. Beyond that initial window, continued therapy requires parental consent.7Florida Legislature. Florida Code 394 – 394.4784 Minors; Access to Outpatient Crisis Intervention Services and Treatment A minor in distress has some independent access to counseling, but an ongoing therapeutic relationship involves the parents.
For parents who do not want a child placed in conversion therapy, Florida offers no direct legal prohibition to invoke. The practical protection is choosing a provider whose approach is consistent with mainstream professional guidance, and asking the therapist directly how they would handle a client’s questions about sexual orientation or gender identity before treatment begins. If a therapist has already caused harm, a licensing complaint and a civil lawsuit are the two routes available.
Federal Legislation Is Not Imminent
A federal bill, the Therapeutic Fraud Prevention Act of 2025, would make it unlawful to provide or advertise conversion therapy for compensation, treating violations as unfair or deceptive practices under the Federal Trade Commission Act. The FTC, the U.S. Attorney General, and state attorneys general would share enforcement authority.8Congress.gov. H.R.3243 – 119th Congress (2025-2026): Therapeutic Fraud Prevention Act of 2025 It was introduced in May 2025 and has not advanced. Earlier versions in prior sessions did not pass, and any version that eventually became law would face First Amendment challenges along the same lines as Otto.