Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 2012 Ì905484=Î905484 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Stargel) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 1006.205, Florida Statutes, is created 6 to read: 7 1006.205 Fairness in Women’s Sports Act.— 8 (1) SHORT TITLE.—This section may be cited as the “Fairness 9 in Women’s Sports Act.” 10 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature 11 to maintain opportunities for female athletes to demonstrate 12 their skill, strength, and athletic abilities while also 13 providing them with opportunities to obtain recognition and 14 accolades, college scholarships, and the numerous other long 15 term benefits that result from success in athletic endeavors and 16 to promote sex equality by requiring the designation of separate 17 sex-specific athletic teams or sports. 18 (3) DESIGNATION OF ATHLETIC TEAMS OR SPORTS.— 19 (a) Interscholastic, intercollegiate, intramural, or club 20 athletic teams or sports that are sponsored by a public, primary 21 or secondary school, a public postsecondary institution, or any 22 school or institution whose students or teams compete against a 23 public school or public postsecondary institution shall be 24 expressly designated as one of the following based on biological 25 sex: 26 1. Males, men, or boys; 27 2. Females, women, or girls; or 28 3. Coed or mixed. 29 (b) Athletic teams or sports designated for females, women, 30 or girls may not be open to students of the male sex. 31 (c) The State Board of Education shall adopt rules 32 regarding the receipt and timely resolution of disputes by 33 schools and institutions consistent with this subsection. 34 (4) PROTECTION FOR EDUCATIONAL INSTITUTIONS.—A governmental 35 entity, any licensing or accrediting organization, or any 36 athletic association or organization may not entertain a 37 complaint, open an investigation, or take any other adverse 38 action against any school or public postsecondary institution 39 for maintaining separate interscholastic, intercollegiate, 40 intramural, or club athletic teams or sports for students of the 41 female sex. 42 (5) CAUSE OF ACTION; CIVIL REMEDIES.— 43 (a) Any student who is deprived of an athletic opportunity 44 or suffers any direct or indirect harm as a result of a 45 violation of this section shall have a private cause of action 46 for injunctive relief, damages, and any other relief available 47 under law against the school or public postsecondary 48 institution. 49 (b) Any student who is subject to retaliation or other 50 adverse action by a school, public postsecondary institution, or 51 athletic association or organization as a result of reporting a 52 violation of this section to an employee or representative of 53 the school, institution, or athletic association or 54 organization, or to any state or federal agency with oversight 55 of schools or public postsecondary institutions in the state, 56 shall have a private cause of action for injunctive relief, 57 damages, and any other relief available under law against the 58 school, institution, or athletic association or organization. 59 (c) Any school or public postsecondary institution that 60 suffers any direct or indirect harm as a result of a violation 61 of this section shall have a private cause of action for 62 injunctive relief, damages, and any other relief available under 63 law against the governmental entity, licensing or accrediting 64 organization, or athletic association or organization. 65 (d) All civil actions brought under this section must be 66 initiated within 2 years after the alleged harm occurred. 67 Persons or organizations who prevail on a claim brought under 68 this section shall be entitled to monetary damages, including 69 for any psychological, emotional, or physical harm suffered, 70 reasonable attorney fees and costs, and any other appropriate 71 relief. 72 Section 2. This act shall take effect July 1, 2021. 73 74 ================= T I T L E A M E N D M E N T ================ 75 And the title is amended as follows: 76 Delete everything before the enacting clause 77 and insert: 78 A bill to be entitled 79 An act relating to sex-specific student athletic teams 80 or sports; creating s. 1006.205, F.S.; providing a 81 short title; providing legislative intent; requiring 82 that certain athletic teams or sports sponsored by 83 certain educational institutions be designated on the 84 basis of students’ biological sex; prohibiting 85 athletic teams or sports designated for female 86 students to be open to male students; requiring the 87 State Board of Education to adopt rules regarding the 88 resolution of such disputes; providing protections for 89 educational institutions from certain adverse actions 90 taken by a governmental entity, any licensing or 91 accrediting organization, or any athletic association 92 or organization; providing civil remedies for students 93 and educational institutions; providing a statute of 94 limitation; providing for damages; providing an 95 effective date.