Text of FL H 1475 (2021)

HB 1475 2021 CODING: Words stricken are deletions; words underlined are additions. hb1475-00 Page 1 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to sex-specific student athletic teams 2 or sports; creating s. 1006.205, F.S.; providing a 3 short title; providing legislative intent; requiring 4 that certain athletic teams or sports sponsored by 5 certain educational institutions be designated on the 6 basis of students' biological sex; prohibiting 7 athletic teams or sports designated for female 8 students to be open to male students; requiring that a 9 student's school or institution, as applicable, 10 resolve disputes regarding the student's sex; 11 requiring the school or institution to request a 12 certain health examination and consent form or other 13 statement from the student's health care provider to 14 verify the student's biological sex under certain 15 circumstances; requiring the State Board of Education 16 to adopt rules regarding the resolution of such 17 disputes; providing protections for educational 18 institutions from certain adverse actions taken by a 19 governmental entity, any licensing or accrediting 20 organization, or any athletic association or 21 organization; providing civil remedies for students 22 and educational institutions; providing a statute of 23 limitation; providing for damages; providing an 24 effective date. 25 HB 1475 2021 CODING: Words stricken are deletions; words underlined are additions. hb1475-00 Page 2 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 1006.205, Florida Statutes, is created 29 to read: 30 1006.205 Fairness in Women's Sports Act.— 31 (1) SHORT TITLE.—This section may be cited as the 32 "Fairness in Women's Sports Act." 33 (2) LEGISLATIVE INTENT.—It is the intent of the 34 Legislature to provide opportunities for female athletes to 35 demonstrate their skill, strength, and athletic abilities while 36 also providing them with opportunities to obtain recognition and 37 accolades, college scholarships, and the numerous other long- 38 term benefits that result from success in athletic endeavors and 39 to promote sex equality by requiring the designation of separate 40 sex-specific athletic teams or sports. 41 (3) DESIGNATION OF ATHLETIC TEAMS OR SPORTS.— 42 (a) Interscholastic, intercollegiate, intramural, or club 43 athletic teams or sports that are sponsored by a public, primary 44 or secondary school, a public postsecondary institution, or any 45 school or institution whose students or teams compete against a 46 public school or public postsecondary institution shall be 47 expressly designated as one of the following based on biological 48 sex: 49 1. Males, men, or boys; 50 HB 1475 2021 CODING: Words stricken are deletions; words underlined are additions. hb1475-00 Page 3 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 2. Females, women, or girls; or 51 3. Coed or mixed. 52 (b) Athletic teams or sports designated for females, 53 women, or girls may not be open to students of the male sex. 54 (c) A dispute regarding a student's sex shall be resolved 55 by the student's school or institution by requesting that the 56 student provide a health examination and consent form or other 57 statement signed by the student's personal health care provider 58 which must verify the student's biological sex. The health care 59 provider may verify the student's biological sex as part of a 60 routine sports physical examination by relying only on one or 61 more of the following: 62 1. The student's reproductive anatomy; 63 2. The student's genetic makeup; or 64 3. The student's normal endogenously produced testosterone 65 levels. 66 (d) The State Board of Education shall adopt rules 67 regarding the receipt and timely resolution of disputes by 68 schools and institutions consistent with this subsection. 69 (4) PROTECTION FOR EDUCATIONAL INSTITUTIONS.—A 70 governmental entity, any licensing or accrediting organization, 71 or any athletic association or organization may not entertain a 72 complaint, open an investigation, or take any other adverse 73 action against any school or public postsecondary institution 74 for maintaining separate interscholastic, intercollegiate, 75 HB 1475 2021 CODING: Words stricken are deletions; words underlined are additions. hb1475-00 Page 4 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S intramural, or club athletic teams or sports for students of the 76 female sex. 77 (5) CAUSE OF ACTION; CIVIL REMEDIES.— 78 (a) Any student who is deprived of an athletic opportunity 79 or suffers any direct or indirect harm as a result of a 80 violation of this section shall have a private cause of action 81 for injunctive relief, damages, and any other relief available 82 under law against the school or public postsecondary 83 institution. 84 (b) Any student who is subject to retaliation or other 85 adverse action by a school, public postsecondary institution, or 86 athletic association or organization as a result of reporting a 87 violation of this section to an employee or representative of 88 the school, institution, or athletic association or 89 organization, or to any state or federal agency with oversight 90 of schools or public postsecondary institutions in the state, 91 shall have a private cause of action for injunctive relief, 92 damages, and any other relief available under law against the 93 school, institution, or athletic association or organization. 94 (c) Any school or public postsecondary institution that 95 suffers any direct or indirect harm as a result of a violation 96 of this section shall have a private cause of action for 97 injunctive relief, damages, and any other relief available under 98 law against the governmental entity, licensing or accrediting 99 organization, or athletic association or organization. 100 HB 1475 2021 CODING: Words stricken are deletions; words underlined are additions. hb1475-00 Page 5 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (d) All civil actions brought under this section must be 101 initiated within 2 years after the alleged harm occurred. 102 Persons or organizations who prevail on a claim brought under 103 this section shall be entitled to monetary damages, including 104 for any psychological, emotional, or physical harm suffered, 105 reasonable attorney fees and costs, and any other appropriate 106 relief. 107 Section 2. This act shall take effect July 1, 2021. 108