Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 2012
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       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         1006.205Fairness 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.