Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1674
Ì711142lÎ711142
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/26/2023 .
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The Committee on Fiscal Policy (Grall) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 553.865, Florida Statutes, is created to
6 read:
7 553.865 Private spaces.—
8 (1) This section may be cited as the “Safety in Private
9 Spaces Act.”
10 (2) The Legislature finds that females and males should be
11 provided restrooms and changing facilities for their exclusive
12 use in order to maintain public safety, decency, and decorum.
13 (3) As used in this section, the term:
14 (a) “Changing facility” means a room in which two or more
15 persons may be in a state of undress in the presence of others,
16 including, but not limited to, a dressing room, fitting room,
17 locker room, changing room, or shower room.
18 (b) “Correctional institution” means any state correctional
19 institution as defined in s. 944.02 or private correctional
20 facility as defined in s. 944.710 or any other facility used for
21 the detention of adults charged with or convicted of a crime.
22 (c) “Covered entity” means any:
23 1. Correctional institution;
24 2. Educational institution;
25 3. Juvenile correctional facility or juvenile prison as
26 described in s. 985.465, any detention center or facility
27 designated by the Department of Juvenile Justice to provide
28 secure detention as defined in s. 985.03(18)(a), and any
29 facility used for a residential program as described in s.
30 985.03(44)(b), (c), or (d); or
31 4. Public building.
32 (d) “Educational institution” means a K-12 educational
33 institution or facility or a postsecondary educational
34 institution or facility.
35 (e) “Female” means a person belonging, at birth, to the
36 biological sex which has the specific reproductive role of
37 producing eggs.
38 (f) “K-12 educational institution or facility” means:
39 1. A school as defined in s. 1003.01(2) operated under the
40 control of a district school board as defined in s. 1003.01(1);
41 2. The Florida School for the Deaf and the Blind as
42 described in ss. 1000.04(4) and 1002.36;
43 3. A developmental research (laboratory) school established
44 pursuant to s. 1002.32(2);
45 4. A charter school authorized under s. 1002.33; or
46 5. A private school as defined in s. 1002.01(2).
47 (g) “Male” means a person belonging, at birth, to the
48 biological sex which has the specific reproductive role of
49 producing sperm.
50 (h) “Postsecondary educational institution or facility”
51 means:
52 1. A state university as defined in s. 1000.21(6);
53 2. A Florida College System institution as defined in s.
54 1000.21(3);
55 3. A school district career center as described in s.
56 1001.44(3);
57 4. A college or university licensed by the Commission for
58 Independent Education pursuant to s. 1005.31(1)(a); or
59 5. An institution not under the jurisdiction or purview of
60 the commission as identified in s. 1005.06(1)(b)-(f).
61 (i) “Public building” means a building comfort-conditioned
62 for occupancy which is owned or leased by the state, a state
63 agency, or a political subdivision. The term does not include a
64 correctional institution, an educational institution, a juvenile
65 correctional facility or juvenile prison as described in s.
66 985.465, a detention center or facility designated by the
67 Department of Juvenile Justice to provide secure detention as
68 defined in s. 985.03(18)(a), or any facility used for a
69 residential program as described in s. 985.03(44)(b), (c), or
70 (d).
71 (j) “Restroom” means a room that includes one or more water
72 closets. This term does not include a unisex restroom.
73 (k) “Sex” means the classification of a person as either
74 female or male based on the organization of the body of such
75 person for a specific reproductive role, as indicated by the
76 person’s sex chromosomes, naturally occurring sex hormones, and
77 internal and external genitalia present at birth.
78 (l) “Unisex changing facility” means a room intended for a
79 single occupant or a family in which one or more persons may be
80 in a state of undress, including, but not limited to, a dressing
81 room, fitting room, locker room, changing room, or shower room
82 that is enclosed by floor-to-ceiling walls and accessed by a
83 full door with a secure lock that prevents another individual
84 from entering while the changing facility is in use.
85 (m) “Unisex restroom” means a room that includes one or
86 more water closets and that is intended for a single occupant or
87 a family, is enclosed by floor-to-ceiling walls, and is accessed
88 by a full door with a secure lock that prevents another
89 individual from entering while the room is in use.
90 (n) “Water closet” means a toilet or urinal.
91 (4) A covered entity that maintains a water closet must, at
92 a minimum, have:
93 (a) A restroom designated for exclusive use by females and
94 a restroom designated for exclusive use by males; or
95 (b) A unisex restroom.
96 (5) A covered entity that maintains a changing facility
97 must, at a minimum, have:
98 (a) A changing facility designated for exclusive use by
99 females and a changing facility designated for exclusive use by
100 males; or
101 (b) A unisex changing facility.
102 (6) For purposes of this section, a person may only enter a
103 restroom or changing facility designated for the opposite sex
104 under the following circumstances:
105 (a) To accompany a person of the opposite sex for the
106 purpose of assisting or chaperoning a child under the age of 12,
107 an elderly person as defined in s. 825.101, or a person with a
108 disability as defined in s. 760.22 or a developmental disability
109 as defined in s. 393.063;
110 (b) For law enforcement or governmental regulatory
111 purposes;
112 (c) For the purpose of rendering emergency medical
113 assistance or to intervene in any other emergency situation
114 where the health or safety of another person is at risk;
115 (d) For custodial, maintenance, or inspection purposes,
116 provided that the restroom or changing facility is not in use;
117 or
118 (e) If the appropriate designated restroom or changing
119 facility is out of order or under repair and the restroom or
120 changing facility designated for the opposite sex contains no
121 person of the opposite sex.
122 (7)(a) Each correctional institution shall establish
123 disciplinary procedures for any prisoner who willfully enters,
124 for a purpose other than those listed in subsection (6), a
125 restroom or changing facility designated for the opposite sex on
126 the premises of a correctional institution and refuses to depart
127 when asked to do so by any employee of the Department of
128 Corrections or an employee of the correctional institution.
129 (b) Any Department of Corrections employee or correctional
130 institution employee who willfully enters, for a purpose other
131 than those listed in subsection (6), a restroom or changing
132 facility designated for the opposite sex on the premises of a
133 correctional institution and refuses to depart when asked to do
134 so by another Department of Corrections employee or correctional
135 institution employee is subject to disciplinary action by the
136 Department of Corrections.
137 (c) A person who willfully enters, for a purpose other than
138 those listed in subsection (6), a restroom or changing facility
139 designated for the opposite sex on the premises of a
140 correctional institution and refuses to depart when asked to do
141 so by an employee of the Department of Corrections or an
142 employee of the correctional institution commits the offense of
143 trespass as provided in s. 810.08. This paragraph does not apply
144 to prisoners, Department of Corrections employees, or
145 correctional institution employees.
146 (8)(a) Each educational institution shall, within its code
147 of student conduct, establish disciplinary procedures for any
148 student who willfully enters, for a purpose other than those
149 listed in subsection (6), a restroom or changing facility
150 designated for the opposite sex on the premises of the
151 educational institution and refuses to depart when asked to do
152 so by:
153 1. For a K-12 educational institution or facility, any
154 instructional personnel as described in s. 1012.01(2),
155 administrative personnel as described in s. 1012.01(3), or a
156 safe-school officer as described in s. 1006.12(1)-(4) or, if the
157 institution is a private school, any equivalent of such
158 personnel or officer; or
159 2. For a postsecondary educational institution or facility,
160 any administrative personnel, faculty member, security
161 personnel, or law enforcement personnel.
162 (b) Instructional personnel or administrative personnel as
163 those terms are described in s. 1012.01(2) and (3),
164 respectively, for an educational institution, or the equivalent
165 of such personnel for a private school, who willfully enter, for
166 a purpose other than those listed in subsection (6), a restroom
167 or changing facility designated for the opposite sex on the
168 premises of the educational institution and refuse to depart
169 when asked to do so by a person specified in subparagraph (a)1.
170 or subparagraph (a)2. commit a violation of the Principles of
171 Professional Conduct for the Education Profession and are
172 subject to discipline pursuant to s. 1012.795.
173 (c) Instructional personnel or administrative personnel at
174 a Florida College System institution or state university who
175 willfully enter, for a purpose other than those listed in
176 subsection (6), a restroom or changing facility designated for
177 the opposite sex on the premises of the educational institution
178 and refuse to depart when asked to do so by a person listed in
179 subparagraph (a)2. are subject to disciplinary actions
180 established in State Board of Education rule or Board of
181 Governors regulation.
182 (d) Each postsecondary educational institution or facility
183 defined under subparagraphs (3)(h)4. and 5. and private school
184 defined under subparagraph (3)(f)5. shall establish a
185 disciplinary policy for administrative personnel and
186 instructional personnel who willfully enter, for a purpose other
187 than those listed in subsection (6), a restroom or changing
188 facility designated for the opposite sex on the premises of the
189 educational institution and refuse to depart when asked to do so
190 by a person specified in subparagraph(a)1. or subparagraph (a)2.
191 (e) Any person who willfully enters, for a purpose other
192 than those listed in subsection (6), a restroom or changing
193 facility designated for the opposite sex on the premises of an
194 educational institution and refuses to depart when asked to do
195 so by a person specified in subparagraph (a)1. or subparagraph
196 (a)2. commits the offense of trespass as provided in s. 810.08.
197 This paragraph does not apply to a student of the educational
198 institution or to administrative personnel or instructional
199 personnel of the educational institution.
200 (9)(a) Each juvenile correctional facility or juvenile
201 prison as described in s. 985.465, each detention center or
202 facility designated by the Department of Juvenile Justice to
203 provide secure detention as defined in s. 985.03(18)(a), and
204 each facility used for a residential program as described in s.
205 985.03(44)(b), (c), or (d) shall establish disciplinary
206 procedures for any juvenile as defined in s. 985.03(7) who
207 willfully enters, for a purpose other than those listed in
208 subsection (6), a restroom or changing facility designated for
209 the opposite sex in such juvenile correctional facility,
210 juvenile prison, secure detention center or facility, or
211 residential program facility and refuses to depart when asked to
212 do so by delinquency program staff, detention staff, or
213 residential program staff.
214 (b) Any delinquency program staff member, detention staff
215 member, or residential program staff member who willfully
216 enters, for a purpose other than those listed in subsection (6),
217 a restroom or changing facility designated for the opposite sex
218 in a juvenile correctional facility, juvenile prison, secure
219 detention center or facility, or residential program facility
220 and refuses to depart when asked to do so by another delinquency
221 program staff member, detention staff member, or residential
222 program staff member is subject to disciplinary action by the
223 Department of Juvenile Justice.
224 (c) A person who willfully enters, for a purpose other than
225 those listed in subsection (6), a restroom or changing facility
226 designated for the opposite sex on the premises of a juvenile
227 correctional facility, juvenile prison, secure detention center
228 or facility, or residential program facility and refuses to
229 depart when asked to do so by delinquency program staff,
230 detention staff, or residential program staff commits the
231 offense of trespass as provided in s. 810.08. This paragraph
232 does not apply to juveniles as defined in s. 985.03(7),
233 delinquency program staff, detention staff, or residential
234 program staff.
235 (10)(a) The applicable governmental entity shall, for each
236 public building under its jurisdiction, establish disciplinary
237 procedures for any employee of the governmental entity who
238 willfully enters, for a purpose other than those listed in
239 subsection (6), a restroom or changing facility designated for
240 the opposite sex at such public building and refuses to depart
241 when asked to do so by any other employee of the governmental
242 entity.
243 (b) A person who willfully enters, for a purpose other than
244 those listed in subsection (6), a restroom or changing facility
245 designated for the opposite sex at a public building and refuses
246 to depart when asked to do so by an employee of the governmental
247 entity for the public building that is within the governmental
248 entity’s jurisdiction commits the offense of trespass as
249 provided in s. 810.08. This paragraph does not apply to
250 employees of governmental entities for such public building.
251 (11) A covered entity that is:
252 (a) A correctional institution shall submit documentation
253 to the Department of Corrections regarding compliance with
254 subsections (4) and (5), as applicable, within 1 year after
255 being established or, if such institution was established before
256 July 1, 2023, no later than April 1, 2024.
257 (b) A K-12 educational institution or facility, Florida
258 College System institution as defined in s. 1000.21(3), or a
259 school district career center as described in s. 1001.44(3)
260 shall submit documentation to the State Board of Education
261 regarding compliance with subsections (4) and (5), as
262 applicable, within 1 year after being established or, if such
263 institution, facility, or center was established before July 1,
264 2023, no later than April 1, 2024.
265 (c) A state university as defined in s. 1000.21(6) shall
266 submit documentation to the Board of Governors regarding
267 compliance with subsections (4) and (5), as applicable, within 1
268 year after being established or, if such institution was
269 established before July 1, 2023, no later than April 1, 2024.
270 (d) A postsecondary educational institution or facility as
271 defined in subparagraph (3)(h)4. or subparagraph (3)(h)5. shall
272 submit documentation to the Department of Education regarding
273 compliance with subsections (4) and (5), as applicable, within 1
274 year of being established or, if such institution or facility
275 was established before July 1, 2023, no later than April 1,
276 2024.
277 (e) A juvenile correctional facility or juvenile prison as
278 described in s. 985.465, a detention center or facility
279 designated by the Department of Juvenile Justice to provide
280 secure detention as defined in s. 985.03(18)(a), or a facility
281 used for a residential program as described in s. 985.03(44)(b),
282 (c), or (d) shall submit documentation to the Department of
283 Juvenile Justice regarding compliance with subsections (4) and
284 (5), as applicable, within 1 year after being established or, if
285 such institution or facility was established before July 1,
286 2023, no later than April 1, 2024.
287 (12) Beginning July 1, 2024, a person may submit a
288 complaint to the Attorney General alleging that a covered entity
289 failed to meet the minimum requirements for restrooms and
290 changing facilities under subsection (4) or subsection (5).
291 (13)(a) A covered entity that fails to comply with
292 subsection (4) or subsection (5) is subject to penalties under
293 paragraph (b) and to licensure or regulatory disciplinary
294 action, as applicable.
295 (b) Beginning July 1, 2024, the Attorney General may bring
296 a civil action to enforce this section against any covered
297 entity. The Attorney General may seek injunctive relief, and,
298 for any covered entity found to have willfully violated this
299 section, the Attorney General may seek to impose a fine of up to
300 $10,000.
301 (c) Fines collected pursuant to paragraph (b) must be
302 deposited in the General Revenue Fund.
303 (14) This section does not apply to an individual who is or
304 has been under treatment by a physician who, in his or her good
305 faith clinical judgment, performs procedures upon or provides
306 therapies to a minor born with a medically verifiable genetic
307 disorder of sexual development, including any of the following:
308 (a) External biological sex characteristics that are
309 unresolvably ambiguous.
310 (b) A disorder of sexual development in which the physician
311 has determined through genetic or biochemical testing that the
312 patient does not have a normal sex chromosome structure, sex
313 steroid hormone production, or sex steroid hormone action for a
314 male or female, as applicable.
315 (15) By January 1, 2024, the Department of Corrections, the
316 Department of Juvenile Justice, and the State Board of Education
317 shall each adopt rules, and the Board of Governors shall adopt
318 regulations, establishing procedures to carry out this section
319 and to ensure compliance with and enforcement of this section,
320 including, but not limited to, the type, format, and method of
321 delivery of the documentation required under subsection (11).
322 Section 2. If any provision of this act or its application
323 to any person or circumstance is held invalid, the invalidity
324 does not affect other provisions or applications of the act
325 which can be given effect without the invalid provision or
326 application, and to this end the provisions of this act are
327 severable.
328 Section 3. This act shall take effect July 1, 2023.
329
330 ================= T I T L E A M E N D M E N T ================
331 And the title is amended as follows:
332 Delete everything before the enacting clause
333 and insert:
334 A bill to be entitled
335 An act relating to facility requirements based on sex;
336 creating s. 553.865, F.S.; providing a short title;
337 providing legislative findings; defining terms;
338 requiring certain entities that maintain water closets
339 or changing facilities to meet specified requirements;
340 authorizing persons to enter a restroom or changing
341 facility designated for the opposite sex only under
342 certain circumstances; requiring covered entities to
343 establish disciplinary procedures relating to
344 restrooms and changing facilities; providing that
345 specified persons are subject to discipline for
346 refusing to depart certain restrooms and changing
347 facilities under certain circumstances; providing that
348 specified persons who enter certain restrooms or
349 changing facilities and refuse to depart when asked to
350 do so commit the criminal offense of trespass;
351 providing applicability; requiring covered entities to
352 submit specified compliance documentation to specified
353 entities; authorizing persons to submit complaints to
354 the Attorney General after a specified date relating
355 to covered entities that fail to meet specified
356 requirements; authorizing the Attorney General to
357 bring enforcement actions after a specified date;
358 authorizing civil penalties; requiring that certain
359 funds be deposited in the General Revenue Fund;
360 providing applicability; requiring the Department of
361 Corrections, the Department of Juvenile Justice, and
362 the State Board of Education to adopt rules; requiring
363 the Board of Governors to adopt regulations; providing
364 severability; providing an effective date.