Bill Text: FL S1674 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Facility Requirements Based on Sex

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/HB 1521 (Ch. 2023-106) [S1674 Detail]

Download: Florida-2023-S1674-Introduced.html

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       Florida Senate - 2023                                    SB 1674
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00992-23                                           20231674__
    1                        A bill to be entitled                      
    2         An act relating to facility requirements based on sex;
    3         creating s. 553.865, F.S.; providing a short title;
    4         providing legislative findings; providing definitions;
    5         providing requirements for exclusive use of restrooms
    6         by gender; providing requirements for exclusive use of
    7         changing facilities by gender; providing exceptions;
    8         prohibiting willfully entering a restroom or changing
    9         facility designated for the opposite sex and refusing
   10         to immediately depart when asked to do so by another
   11         person present there; providing criminal penalties;
   12         providing requirements for exclusive use of domestic
   13         violence centers by gender; providing requirements for
   14         correctional institutions; requiring entities that
   15         receive state licenses to submit compliance
   16         documentation; authorizing the Attorney General to
   17         bring enforcement actions; authorizing civil
   18         penalties; providing for certain funds to be deposited
   19         in the General Revenue Fund; providing severability;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 553.865, Florida Statutes, is created to
   25  read:
   26         553.865 Private spaces.—
   27         (1) This section may be cited as the “Safety in Private
   28  Spaces Act.”
   29         (2) The Legislature finds that females and males should be
   30  provided restrooms and changing facilities for their exclusive
   31  use in order to maintain public safety, decency, and decorum.
   32         (3) As used in this section, the term:
   33         (a) “Changing facility” means a room in which two or more
   34  persons may be in a state of undress in the presence of others,
   35  including, but not limited to, a dressing room, fitting room,
   36  locker room, changing room, or shower room.
   37         (b) “Correctional institution” means any state correctional
   38  institution as defined in s. 944.02, juvenile detention center
   39  or residential program as described in s. 985.03, county or
   40  municipal detention facility as defined in s. 951.23, private
   41  correctional facility as defined in s. 944.710, or any other
   42  facility used for the detention of adults or juveniles charged
   43  with or convicted of a crime.
   44         (c) “Covered entity” means any:
   45         1. Educational institution, as defined in s. 768.38.
   46         2. Public accommodations, as defined in s. 760.02(11).
   47         3. Public shelter space under s. 252.385.
   48         4. Service provider, as defined in s. 397.311(44).
   49         5. Health care facility, which means any provider as
   50  defined in s. 408.803; a provider with an active health care
   51  clinic exemption under s. 400.9935; a continuing care facility
   52  with a certificate of authority under chapter 651; an optical
   53  establishment permitted under s. 484.007; a massage
   54  establishment licensed under s. 480.043; a pharmacy as defined
   55  in s. 465.003; an office described in s. 459.0138 which is
   56  required to register with the Department of Health; a pain
   57  management clinic registered under s. 458.3265; an electrolysis
   58  facility licensed under 478.51; or any health care setting owned
   59  or operated by a health care practitioner as defined in s.
   60  456.001 or a provider licensed under chapter 394, chapter 397,
   61  or part IV of chapter 468.
   62         (d) “Female” means a person belonging, at birth, to the
   63  biological sex which has the specific reproductive role of
   64  producing eggs.
   65         (e) “Male” means a person belonging, at birth, to the
   66  biological sex which has the specific reproductive role of
   67  producing sperm.
   68         (f) “Restroom” means a room that includes one or more water
   69  closets. This term does not include a unisex restroom.
   70         (g) “Sex” means the classification of a person as either
   71  female or male based on the organization of the body of such
   72  person for a specific reproductive role, as indicated by the
   73  person’s sex chromosomes, naturally occurring sex hormones, and
   74  internal and external genitalia present at birth.
   75         (h) “Unisex changing facility” means a room intended for a
   76  single-occupant or a family in which one or more persons may be
   77  in a state of undress, including, but not limited to, a dressing
   78  room, fitting room, locker room, changing room, or shower room
   79  that is enclosed in floor-to-ceiling walls and accessed by a
   80  full door with a secure lock that prevents another individual
   81  from entering while the changing facility is in use.
   82         (i) “Unisex restroom” means a room that includes one or
   83  more water closets that is intended for a single-occupant, or a
   84  family, and the room is enclosed in floor-to-ceiling walls and
   85  accessed by a full door with a secure lock that prevents another
   86  individual from entering while the room is in use.
   87         (j) “Water closet” means a toilet or urinal.
   88         (4) A covered entity that maintains a water closet must, at
   89  a minimum, have:
   90         (a) A restroom designated for exclusive use by females and
   91  a restroom designated for exclusive use by males; or
   92         (b) A unisex restroom.
   93         (5) A covered entity that maintains a changing facility
   94  must, at a minimum, have:
   95         (a) A changing facility designated for exclusive use by
   96  females and a changing facility designated for exclusive use by
   97  males; or
   98         (b) A unisex changing facility.
   99         (6) For purposes of this section, a person may enter a
  100  restroom or changing facility designated for the opposite sex
  101  under the following circumstances:
  102         (a) To accompany another person of the opposite sex for the
  103  purpose of assisting or chaperoning a minor child, elderly
  104  person, or disabled person;
  105         (b) For law enforcement or governmental regulatory
  106  purposes;
  107         (c) For the purpose of rendering emergency medical
  108  assistance or to intervene in any other emergency situation
  109  where the health or safety of another person is at risk;
  110         (d) For custodial, maintenance, or inspection purposes,
  111  provided that the restroom or changing facility is not in use;
  112  or
  113         (e) If the appropriate designated restroom or changing
  114  facility is out of order or under repair and the opposite
  115  designated restroom or changing facility contains no person of
  116  the opposite sex.
  117         (7) A person 18 years of age or older who willfully enters,
  118  for a purpose other than those listed in subsection (6), a
  119  restroom or changing facility designated for the opposite sex
  120  and refuses to immediately depart when asked to do so by another
  121  person present in the restroom or changing facility commits a
  122  misdemeanor of the second degree, punishable as provided in s.
  123  775.082 or s. 775.083.
  124         (8) Each educational institution shall establish in its
  125  code of student conduct disciplinary procedures for any person
  126  under 18 years of age who willfully enters, for a purpose other
  127  than those listed in subsection (6), an educational institution
  128  restroom or changing facility designated for the opposite sex
  129  and refuses to immediately depart when asked to do so by another
  130  person present in the restroom or changing facility.
  131         (9) A domestic violence center under chapter 39 must
  132  provide separate overnight accommodations for females and males
  133  based on their sex. This requirement does not apply to mixed-sex
  134  family units.
  135         (10) A correctional institution must house females and
  136  males in its custody separately, based on their sex. This
  137  requirement applies to all housing assignments in a correctional
  138  institution, including temporary assignments.
  139         (11)(a) A covered entity that is required to obtain a
  140  license to operate in the state shall submit documentation
  141  regarding compliance with subsections (4) and (5), as
  142  applicable, upon initial application for such license or on
  143  first renewal after July 1, 2023.
  144         (b) A covered entity that fails to comply with subsection
  145  (4) or subsection (5) shall be subject to penalties under
  146  paragraph (c) and is subject to licensure or regulatory
  147  disciplinary action, as applicable.
  148         (c) The Attorney General may bring a civil action to
  149  enforce this section against any covered entity. The Attorney
  150  General may seek injunctive relief, and, for any covered entity
  151  found to have willfully violated this section, the Attorney
  152  General may seek to impose a fine of up to $10,000.
  153         (d) Fines collected pursuant to paragraph (c) must be
  154  deposited in the General Revenue Fund.
  155         Section 2. If any provision of this act or its application
  156  to any person or circumstances is held invalid, the invalidity
  157  does not affect other provisions or applications of the act
  158  which can be given effect without the invalid provision or
  159  application, and to this end the provisions of this act are
  160  severable.
  161         Section 3. This act shall take effect July 1, 2023.