Text of FL H 1521 (2023)

HB 1521 2023 CODING: Words stricken are deletions; words underlined are additions. hb1521-00 Page 1 of 7 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 facility requirements based on sex; 2 creating s. 553.865, F.S.; providing a short title; 3 providing legislative findings; providing definitions; 4 providing requirements for exclusive use of restrooms 5 by gender; providing requirements for exclusive use of 6 changing facilities by gender; providing exceptions; 7 prohibiting willfully entering a restroom or changing 8 facility designated for the opposite sex and refusing 9 to immediately depart when asked to do so by another 10 person present there; providing criminal penalties; 11 providing requirements for exclusive use of domestic 12 violence centers by gender; providing requirements for 13 correctional institutions; requiring entities that 14 receive state licenses to submit compliance 15 documentation; authorizing the Attorney General to 16 bring enforcement actions; authorizing civil 17 penalties; providing for certain funds to be deposited 18 in the General Revenue Fund; providing severability; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 553.865, Florida Statutes, is created 24 to read: 25 HB 1521 2023 CODING: Words stricken are deletions; words underlined are additions. hb1521-00 Page 2 of 7 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 553.865 Private spaces.— 26 (1) This section may be cited as the "Safety in Private 27 Spaces Act." 28 (2) The Legislature finds that females and males should be 29 provided restrooms and changing facilities for their exclusive 30 use in order to maintain public safety, decency, and decorum. 31 (3) As used in this section, the term: 32 (a) "Changing facility" means a room in which two or more 33 persons may be in a state of undress in the presence of others, 34 including, but not limited to, a dressing room, fitting room, 35 locker room, changing room, or shower room. 36 (b) "Correctional institution" means any state 37 correctional institution as defined in s. 944.02, juvenile 38 detention center or residential program as described in s. 39 985.03, county or municipal detention facility as defined in s. 40 951.23, private correctional facility as defined in s. 944.710, 41 or any other facility used for the detention of adults or 42 juveniles charged with or convicted of a crime. 43 (c) "Covered entity" means any: 44 1. Educational institution, as defined in s. 768.38. 45 2. Public accommodations, as defined in s. 760.02(11). 46 3. Public shelter space under s. 252.385. 47 4. Service provider, as defined in s. 397.311(44). 48 5. Health care facility, which means any provider as 49 defined in s. 408.803; a provider with an active health care 50 HB 1521 2023 CODING: Words stricken are deletions; words underlined are additions. hb1521-00 Page 3 of 7 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 clinic exemption under s. 400.9935; a continuing care facility 51 with a certificate of authority under chapter 651; an optical 52 establishment permitted under s. 484.007; a massage 53 establishment licensed under s. 480.043, a pharmacy as defined 54 in s. 465.003, an office described in s. 459.0138 which is 55 required to register with the Department of Health; a pain- 56 management clinic registered under s. 458.3265; an electrolysis 57 facility licensed under 478.51; or any health care setting owned 58 or operated by a health care practitioner as defined in s. 59 456.001 or a provider licensed under chapter 394, chapter 397, 60 or part IV of chapter 468. 61 (d) "Female" means a person belonging, at birth, to the 62 biological sex which has the specific reproductive role of 63 producing eggs. 64 (e) "Male" means a person belonging, at birth, to the 65 biological sex which has the specific reproductive role of 66 producing sperm. 67 (f) "Restroom" means a room that includes one or more 68 water closets. This term does not include a unisex restroom. 69 (g) "Sex" means the classification of a person as either 70 female or male based on the organization of the body of such 71 person for a specific reproductive role, as indicated by the 72 person's sex chromosomes, naturally occurring sex hormones, and 73 internal and external genitalia present at birth. 74 HB 1521 2023 CODING: Words stricken are deletions; words underlined are additions. hb1521-00 Page 4 of 7 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 (h) "Unisex changing facility" means a room intended for a 75 single-occupant or a family in which one or more persons may be 76 in a state of undress, including, but not limited to, a dressing 77 room, fitting room, locker room, changing room, or shower room 78 that is enclosed in floor-to-ceiling walls and accessed by a 79 full door with a secure lock that prevents another individual 80 from entering while the changing facility is in use. 81 (i) "Unisex restroom" means a room that includes one or 82 more water closets that is intended for a single-occupant, or a 83 family, and the room is enclosed in floor-to-ceiling walls and 84 accessed by a full door with a secure lock that prevents another 85 individual from entering while the room is in use. 86 (j) "Water closet" means a toilet or urinal. 87 (4) A covered entity that maintains a water closet must, 88 at a minimum, have: 89 (a) A restroom designated for exclusive use by females and 90 a restroom designated for exclusive use by males; or 91 (b) A unisex restroom. 92 (5) A covered entity that maintains a changing facility 93 must, at a minimum, have: 94 (a) A changing facility designated for exclusive use by 95 females and a changing facility designated for exclusive use by 96 males; or 97 (b) A unisex changing facility. 98 HB 1521 2023 CODING: Words stricken are deletions; words underlined are additions. hb1521-00 Page 5 of 7 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 (6) For purposes of this section, a person may enter a 99 restroom or changing facility designated for the opposite sex 100 under the following circumstances: 101 (a) To accompany another person of the opposite sex for 102 the purpose of assisting or chaperoning a minor child, elderly 103 person, or disabled person. 104 (b) For law enforcement or governmental regulatory 105 purposes; 106 (c) For the purpose of rendering emergency medical 107 assistance or to intervene in any other emergency situation 108 where the health or safety of another person is at risk; 109 (d) For custodial, maintenance, or inspection purposes, 110 provided that the restroom or changing facility is not in use; 111 or 112 (e) If the appropriate designated restroom or changing 113 facility is out of order or under repair and the opposite 114 designated restroom or changing facility contains no person of 115 the opposite sex. 116 (7) A person 18 years of age or older who willfully 117 enters, for a purpose other than those listed in subsection (6), 118 a restroom or changing facility designated for the opposite sex 119 and refuses to immediately depart when asked to do so by another 120 person present in the restroom or changing facility commits a 121 misdemeanor of the second degree, punishable as provided in s. 122 775.082 or s. 775.083. 123 HB 1521 2023 CODING: Words stricken are deletions; words underlined are additions. hb1521-00 Page 6 of 7 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 (8) Each educational institution shall establish in its 124 code of student conduct disciplinary procedures for any person 125 under 18 years of age who willfully enters, for a purpose other 126 than those listed in subsection (6), an educational institution 127 restroom or changing facility designated for the opposite sex 128 and refuses to immediately depart when asked to do so by another 129 person present in the restroom or changing facility. 130 (9) A domestic violence center under chapter 39 must 131 provide separate overnight accommodations for females and males 132 based on their sex. This requirement does not apply to mixed-sex 133 family units. 134 (10) A correctional institution must house females and 135 males in its custody separately, based on their sex. This 136 requirement applies to all housing assignments in a correctional 137 institution, including temporary assignments. 138 (11)(a) A covered entity that is required to obtain a 139 license to operate in the state shall submit documentation 140 regarding compliance with subsections (4) and (5), as 141 applicable, upon initial application for such license or on 142 first renewal after July 1, 2023. 143 (b) A covered entity that fails to comply with subsection 144 (4) or subsection (5) shall be subject to penalties under 145 paragraph (c) and is subject to licensure or regulatory 146 disciplinary action, as applicable. 147 HB 1521 2023 CODING: Words stricken are deletions; words underlined are additions. hb1521-00 Page 7 of 7 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 (c) The Attorney General may bring a civil action to 148 enforce this section against any covered entity. The Attorney 149 General may seek injunctive relief, and, for any covered entity 150 found to have willfully violated this section, the Attorney 151 General may seek to impose a fine of up to $10,000. 152 (d) Fines collected pursuant to paragraph (c) must be 153 deposited in the General Revenue Fund. 154 Section 2. If any provision of this act or its application 155 to any person or circumstances is held invalid, the invalidity 156 does not affect other provisions or applications of the act 157 which can be given effect without the invalid provision or 158 application, and to this end the provisions of this act are 159 severable. 160 Section 3. This act shall take effect July 1, 2023. 161

ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 1 of 16 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 1 An act relating to facility requirements based on sex; 2 creating s. 553.865, F.S.; providing a short title; 3 providing legislative findings; defining terms; 4 requiring certain entities that maintain water closets 5 or changing facilities to meet specified requirements; 6 authorizing persons to enter a restroom or changing 7 facility designated for the opposite sex only under 8 certain circumstances; requiring covered entities to 9 establish disciplinary procedures relating to 10 restrooms and changing facilities; providing that 11 specified persons are subject to discipline for 12 refusing to depart certain restrooms and changing 13 facilities under certain circumstances; providing that 14 specified persons who enter certain restrooms or 15 changing facilities and refuse to depart when asked to 16 do so commit the criminal offense of trespass; 17 providing applicability; requiring covered entities to 18 submit specified compliance documentation to specified 19 entities; authorizing persons to submit complaints to 20 the Attorney General after a specified date relating 21 to covered entities that fail to meet specified 22 requirements; authorizing the Attorney General to 23 bring enforcement actions after a specified date; 24 authorizing civil penalties; requiring that certain 25 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 2 of 16 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 funds be deposited in the General Revenue Fund; 26 providing applicability; requiring the Department of 27 Corrections, the Department of Juvenile Justice, and 28 the State Board of Education to adopt rules; requiring 29 the Board of Governors to adopt regulations; requiring 30 certain governing bodies of counties or municipalities 31 to establish specified procedures; providing 32 severability; providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Section 553.865, Florida Statutes, is created 37 to read: 38 553.865 Private spaces.— 39 (1) This section may be cited as the "Safety in Private 40 Spaces Act." 41 (2) The Legislature finds that females and males should be 42 provided restrooms and changing facilities for their exclusive 43 use, respective to their sex, in order to maintain public 44 safety, decency, decorum, and privacy. 45 (3) As used in this section, the term: 46 (a) "Changing facility" means a room in which two or more 47 persons may be in a state of undress in the presence of others, 48 including, but not limited to, a dressing room, fitting room, 49 locker room, changing room, or shower room. 50 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 3 of 16 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 (b) "Correctional institution" means any state 51 correctional institution as defined in s. 944.02 or private 52 correctional facility as defined in s. 944.710. 53 (c) "Covered entity" means any: 54 1. Correctional institution; 55 2. Detention facility; 56 3. Educational institution; 57 4. Juvenile correctional facility or juvenile prison as 58 described in s. 985.465, any detention center or facility 59 designated by the Department of Juvenile Justice to provide 60 secure detention as defined in s. 985.03(18)(a), and any 61 facility used for a residential program as described in s. 62 985.03(44)(b), (c), or (d); or 63 5. Public building. 64 (d) "Detention facility" means a county detention facility 65 or municipal detention facility as those terms are defined in s. 66 951.23. 67 (e) "Educational institution" means a K-12 educational 68 institution or facility or a postsecondary educational 69 institution or facility. 70 (f) "Female" means a person belonging, at birth, to the 71 biological sex which has the specific reproductive role of 72 producing eggs. 73 (g) "K-12 educational institution or facility" means: 74 1. A school as defined in s. 1003.01(2) operated under the 75 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 4 of 16 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 control of a district school board as defined in s. 1003.01(1); 76 2. The Florida School for the Deaf and the Blind as 77 described in ss. 1000.04(4) and 1002.36; 78 3. A developmental research (laboratory) school 79 established pursuant to s. 1002.32(2); 80 4. A charter school authorized under s. 1002.33; or 81 5. A private school as defined in s. 1002.01(2). 82 (h) "Male" means a person belonging, at birth, to the 83 biological sex which has the specific reproductive role of 84 producing sperm. 85 (i) "Postsecondary educational institution or facility" 86 means: 87 1. A state university as defined in s. 1000.21(6); 88 2. A Florida College System institution as defined in s. 89 1000.21(3); 90 3. A school district career center as described in s. 91 1001.44(3); 92 4. A college or university licensed by the Commission for 93 Independent Education pursuant to s. 1005.31(1)(a); or 94 5. An institution not under the jurisdiction or purview of 95 the commission as identified in s. 1005.06(1)(b)-(f). 96 (j) "Public building" means a building comfort-conditioned 97 for occupancy which is owned or leased by the state, a state 98 agency, or a political subdivision. The term does not include a 99 correctional institution, a detention facility, an educational 100 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 5 of 16 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 institution, a juvenile correctional facility or juvenile prison 101 as described in s. 985.465, a detention center or facility 102 designated by the Department of Juvenile Justice to provide 103 secure detention as defined in s. 985.03(18)(a), or any facility 104 used for a residential program as described in s. 985.03(44)(b), 105 (c), or (d). 106 (k) "Restroom" means a room that includes one or more 107 water closets. This term does not include a unisex restroom. 108 (l) "Sex" means the classification of a person as either 109 female or male based on the organization of the body of such 110 person for a specific reproductive role, as indicated by the 111 person's sex chromosomes, naturally occurring sex hormones, and 112 internal and external genitalia present at birth. 113 (m) "Unisex changing facility" means a room intended for a 114 single occupant or a family in which one or more persons may be 115 in a state of undress, including, but not limited to, a dressing 116 room, fitting room, locker room, changing room, or shower room 117 that is enclosed by floor-to-ceiling walls and accessed by a 118 full door with a secure lock that prevents another individual 119 from entering while the changing facility is in use. 120 (n) "Unisex restroom" means a room that includes one or 121 more water closets and that is intended for a single occupant or 122 a family, is enclosed by floor-to-ceiling walls, and is accessed 123 by a full door with a secure lock that prevents another 124 individual from entering while the room is in use. 125 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 6 of 16 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 (o) "Water closet" means a toilet or urinal. 126 (4) A covered entity that maintains a water closet must, 127 at a minimum, have: 128 (a) A restroom designated for exclusive use by females and 129 a restroom designated for exclusive use by males; or 130 (b) A unisex restroom. 131 (5) A covered entity that maintains a changing facility 132 must, at a minimum, have: 133 (a) A changing facility designated for exclusive use by 134 females and a changing facility designated for exclusive use by 135 males; or 136 (b) A unisex changing facility. 137 (6) For purposes of this section, a person may only enter 138 a restroom or changing facility designated for the opposite sex 139 under the following circumstances: 140 (a) To accompany a person of the opposite sex for the 141 purpose of assisting or chaperoning a child under the age of 12, 142 an elderly person as defined in s. 825.101, or a person with a 143 disability as defined in s. 760.22 or a developmental disability 144 as defined in s. 393.063; 145 (b) For law enforcement or governmental regulatory 146 purposes; 147 (c) For the purpose of rendering emergency medical 148 assistance or to intervene in any other emergency situation 149 where the health or safety of another person is at risk; 150 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 7 of 16 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) For custodial, maintenance, or inspection purposes, 151 provided that the restroom or changing facility is not in use; 152 or 153 (e) If the appropriate designated restroom or changing 154 facility is out of order or under repair and the restroom or 155 changing facility designated for the opposite sex contains no 156 person of the opposite sex. 157 (7)(a) Each correctional institution shall establish 158 disciplinary procedures for any prisoner who willfully enters, 159 for a purpose other than those listed in subsection (6), a 160 restroom or changing facility designated for the opposite sex on 161 the premises of the correctional institution and refuses to 162 depart when asked to do so by any employee of the Department of 163 Corrections or an employee of the correctional institution. 164 (b) Any Department of Corrections employee or correctional 165 institution employee who willfully enters, for a purpose other 166 than those listed in subsection (6), a restroom or changing 167 facility designated for the opposite sex on the premises of a 168 correctional institution and refuses to depart when asked to do 169 so by another Department of Corrections employee or correctional 170 institution employee is subject to disciplinary action by the 171 Department of Corrections. 172 (c) A person who willfully enters, for a purpose other 173 than those listed in subsection (6), a restroom or changing 174 facility designated for the opposite sex on the premises of a 175 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 8 of 16 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 correctional institution and refuses to depart when asked to do 176 so by an employee of the Department of Corrections or an 177 employee of the correctional institution commits the offense of 178 trespass as provided in s. 810.08. This paragraph does not apply 179 to prisoners, Department of Corrections employees, or 180 correctional institution employees. 181 (8)(a) Each detention facility shall establish 182 disciplinary procedures for any prisoner who willfully enters, 183 for a purpose other than those listed in subsection (6), a 184 restroom or changing facility designated for the opposite sex on 185 the premises of the detention facility and refuses to depart 186 when asked to do so by any employee of the detention facility. 187 (b) Any detention facility employee who willfully enters, 188 for a purpose other than those listed in subsection (6), a 189 restroom or changing facility designated for the opposite sex on 190 the premises of a detention facility and refuses to depart when 191 asked to do so by another detention facility employee is subject 192 to disciplinary action by the managing body of the detention 193 facility. 194 (c) A person who willfully enters, for a purpose other 195 than those listed in subsection (6), a restroom or changing 196 facility designated for the opposite sex on the premises of a 197 detention facility and refuses to depart when asked to do so by 198 an employee of the detention facility commits the offense of 199 trespass as provided in s. 810.08. This paragraph does not apply 200 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 9 of 16 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 to prisoners, detention facility employees, or staff of the 201 entity operating the detention facility. 202 (9)(a) Each educational institution shall, within its code 203 of student conduct, establish disciplinary procedures for any 204 student who willfully enters, for a purpose other than those 205 listed in subsection (6), a restroom or changing facility 206 designated for the opposite sex on the premises of the 207 educational institution and refuses to depart when asked to do 208 so by: 209 1. For a K-12 educational institution or facility, any 210 instructional personnel as described in s. 1012.01(2), 211 administrative personnel as described in s. 1012.01(3), or a 212 safe-school officer as described in s. 1006.12(1)-(4) or, if the 213 institution is a private school, any equivalent of such 214 personnel or officer; or 215 2. For a postsecondary educational institution or 216 facility, any administrative personnel, faculty member, security 217 personnel, or law enforcement personnel. 218 (b) Instructional personnel or administrative personnel as 219 those terms are described in s. 1012.01(2) and (3), 220 respectively, for an educational institution, or the equivalent 221 of such personnel for a private school, who willfully enter, for 222 a purpose other than those listed in subsection (6), a restroom 223 or changing facility designated for the opposite sex on the 224 premises of the educational institution and refuse to depart 225 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 10 of 16 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 when asked to do so by a person specified in subparagraph (a)1. 226 or subparagraph (a)2. commit a violation of the Principles of 227 Professional Conduct for the Education Profession and are 228 subject to discipline pursuant to s. 1012.795. 229 (c) Instructional personnel or administrative personnel at 230 a Florida College System institution or state university who 231 willfully enter, for a purpose other than those listed in 232 subsection (6), a restroom or changing facility designated for 233 the opposite sex on the premises of the educational institution 234 and refuse to depart when asked to do so by a person listed in 235 subparagraph (a)2. are subject to disciplinary actions 236 established in State Board of Education rule or Board of 237 Governors regulation. 238 (d) Each postsecondary educational institution or facility 239 defined under subparagraphs (3)(i)4. and 5. and private school 240 defined under subparagraph (3)(g)5. shall establish a 241 disciplinary policy for administrative personnel and 242 instructional personnel who willfully enter, for a purpose other 243 than those listed in subsection (6), a restroom or changing 244 facility designated for the opposite sex on the premises of the 245 educational institution and refuse to depart when asked to do so 246 by a person specified in subparagraph(a)1. or subparagraph (a)2. 247 (e) Any person who willfully enters, for a purpose other 248 than those listed in subsection (6), a restroom or changing 249 facility designated for the opposite sex on the premises of an 250 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 11 of 16 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 educational institution and refuses to depart when asked to do 251 so by a person specified in subparagraph (a)1. or subparagraph 252 (a)2. commits the offense of trespass as provided in s. 810.08. 253 This paragraph does not apply to a student of the educational 254 institution or to administrative personnel or instructional 255 personnel of the educational institution. 256 (10)(a) Each juvenile correctional facility or juvenile 257 prison as described in s. 985.465, each detention center or 258 facility designated by the Department of Juvenile Justice to 259 provide secure detention as defined in s. 985.03(18)(a), and 260 each facility used for a residential program as described in s. 261 985.03(44)(b), (c), or (d) shall establish disciplinary 262 procedures for any juvenile as defined in s. 985.03(7) who 263 willfully enters, for a purpose other than those listed in 264 subsection (6), a restroom or changing facility designated for 265 the opposite sex in such juvenile correctional facility, 266 juvenile prison, secure detention center or facility, or 267 residential program facility and refuses to depart when asked to 268 do so by delinquency program staff, detention staff, or 269 residential program staff. 270 (b) Any delinquency program staff member, detention staff 271 member, or residential program staff member who willfully 272 enters, for a purpose other than those listed in subsection (6), 273 a restroom or changing facility designated for the opposite sex 274 in a juvenile correctional facility, juvenile prison, secure 275 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 12 of 16 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 detention center or facility, or residential program facility 276 and refuses to depart when asked to do so by another delinquency 277 program staff member, detention staff member, or residential 278 program staff member is subject to disciplinary action by the 279 Department of Juvenile Justice. 280 (c) A person who willfully enters, for a purpose other 281 than those listed in subsection (6), a restroom or changing 282 facility designated for the opposite sex on the premises of a 283 juvenile correctional facility, juvenile prison, secure 284 detention center or facility, or residential program facility 285 and refuses to depart when asked to do so by delinquency program 286 staff, detention staff, or residential program staff commits the 287 offense of trespass as provided in s. 810.08. This paragraph 288 does not apply to juveniles as defined in s. 985.03(7), 289 delinquency program staff, detention staff, or residential 290 program staff. 291 (11)(a) The applicable governmental entity shall, for each 292 public building under its jurisdiction, establish disciplinary 293 procedures for any employee of the governmental entity who 294 willfully enters, for a purpose other than those listed in 295 subsection (6), a restroom or changing facility designated for 296 the opposite sex at such public building and refuses to depart 297 when asked to do so by any other employee of the governmental 298 entity. 299 (b) A person who willfully enters, for a purpose other 300 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 13 of 16 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 than those listed in subsection (6), a restroom or changing 301 facility designated for the opposite sex at a public building 302 and refuses to depart when asked to do so by an employee of the 303 governmental entity for the public building that is within the 304 governmental entity's jurisdiction commits the offense of 305 trespass as provided in s. 810.08. This paragraph does not apply 306 to employees of governmental entities for such public building. 307 (12) A covered entity that is: 308 (a) A correctional institution shall submit documentation 309 to the Department of Corrections regarding compliance with 310 subsections (4) and (5), as applicable, within 1 year after 311 being established or, if such institution was established before 312 July 1, 2023, no later than April 1, 2024. 313 (b) A detention facility shall submit documentation to the 314 applicable governing body of the county or municipality 315 regarding compliance with subsections (4) and (5), as 316 applicable, within 1 year after being established or, if such 317 facility was established before July 1, 2023, no later than 318 April 1, 2024. 319 (c) A K-12 educational institution or facility, Florida 320 College System institution as defined in s. 1000.21(3), or a 321 school district career center as described in s. 1001.44(3) 322 shall submit documentation to the State Board of Education 323 regarding compliance with subsections (4) and (5), as 324 applicable, within 1 year after being established or, if such 325 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 14 of 16 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 institution, facility, or center was established before July 1, 326 2023, no later than April 1, 2024. 327 (d) A state university as defined in s. 1000.21(6) shall 328 submit documentation to the Board of Governors regarding 329 compliance with subsections (4) and (5), as applicable, within 1 330 year after being established or, if such institution was 331 established before July 1, 2023, no later than April 1, 2024. 332 (e) A postsecondary educational institution or facility as 333 defined in subparagraph (3)(i)4. or subparagraph (3)(i)5. shall 334 submit documentation to the Department of Education regarding 335 compliance with subsections (4) and (5), as applicable, within 1 336 year of being established or, if such institution or facility 337 was established before July 1, 2023, no later than April 1, 338 2024. 339 (f) A juvenile correctional facility or juvenile prison as 340 described in s. 985.465, a detention center or facility 341 designated by the Department of Juvenile Justice to provide 342 secure detention as defined in s. 985.03(18)(a), or a facility 343 used for a residential program as described in s. 985.03(44)(b), 344 (c), or (d) shall submit documentation to the Department of 345 Juvenile Justice regarding compliance with subsections (4) and 346 (5), as applicable, within 1 year after being established or, if 347 such institution or facility was established before July 1, 348 2023, no later than April 1, 2024. 349 (13) Beginning July 1, 2024, a person may submit a 350 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 15 of 16 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 complaint to the Attorney General alleging that a covered entity 351 failed to meet the minimum requirements for restrooms and 352 changing facilities under subsection (4) or subsection (5). 353 (14)(a) A covered entity that fails to comply with 354 subsection (4) or subsection (5) is subject to penalties under 355 paragraph (b) and to licensure or regulatory disciplinary 356 action, as applicable. 357 (b) Beginning July 1, 2024, the Attorney General may bring 358 a civil action to enforce this section against any covered 359 entity. The Attorney General may seek injunctive relief, and, 360 for any covered entity found to have willfully violated this 361 section, the Attorney General may seek to impose a fine of up to 362 $10,000. 363 (c) Fines collected pursuant to paragraph (b) must be 364 deposited in the General Revenue Fund. 365 (15) This section does not apply to an individual who is 366 or has been under treatment by a physician who, in his or her 367 good faith clinical judgment, performs procedures upon or 368 provides therapies to a minor born with a medically verifiable 369 genetic disorder of sexual development, including any of the 370 following: 371 (a) External biological sex characteristics that are 372 unresolvably ambiguous. 373 (b) A disorder of sexual development in which the 374 physician has determined through genetic or biochemical testing 375 ENROLLED CS/HB 1521, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1521-03-er Page 16 of 16 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 that the patient does not have a normal sex chromosome 376 structure, sex steroid hormone production, or sex steroid 377 hormone action for a male or female, as applicable. 378 (16) By January 1, 2024, the Department of Corrections, 379 the Department of Juvenile Justice, and the State Board of 380 Education shall each adopt rules establishing procedures, the 381 Board of Governors shall adopt regulations establishing 382 procedures, and the applicable governing body of a county or 383 municipality in which a detention facility is located shall 384 establish policies, to carry out this section and to ensure 385 compliance with and enforcement of this section, including, but 386 not limited to, the type, format, and method of delivery of the 387 documentation required under subsection (12). 388 Section 2. If any provision of this act or its application 389 to any person or circumstance is held invalid, the invalidity 390 does not affect other provisions or applications of the act 391 which can be given effect without the invalid provision or 392 application, and to this end the provisions of this act are 393 severable. 394 Section 3. This act shall take effect July 1, 2023. 395