Text of FL H 389 (2023)

Menstrual Hygiene Products in Public Schools

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As introduced

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HB 389 2023 CODING: Words stricken are deletions; words underlined are additions. hb0389-00 Page 1 of 3 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 menstrual hygiene products in 2 public schools; providing a short title; creating s. 3 1006.064, F.S.; defining the term "menstrual hygiene 4 products"; requiring school districts to make 5 menstrual hygiene products available, at no charge, in 6 certain schools within the district and in certain 7 locations within such schools; requiring schools to 8 notify students of the availability and locations of 9 such products; encouraging school districts to partner 10 with specified organizations to meet certain 11 requirements; providing applicability; providing an 12 effective date. 13 14 WHEREAS, menstrual hygiene products are a health care 15 necessity and are not items that can be foregone or substituted 16 easily, and 17 WHEREAS, access to menstrual hygiene products is a serious 18 and ongoing need in this state, and 19 WHEREAS, when students do not have access to affordable 20 menstrual hygiene products, they may miss multiple days of 21 school every month, and 22 WHEREAS, when students have access to quality menstrual 23 hygiene products, they are able to continue with their daily 24 lives with minimal interruption, NOW, THEREFORE, 25 HB 389 2023 CODING: Words stricken are deletions; words underlined are additions. hb0389-00 Page 2 of 3 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. This act may be cited as the "Learning with 29 Dignity Act." 30 Section 2. Section 1006.064, Florida Statutes, is created 31 to read: 32 1006.064 Availability of menstrual hygiene products.— 33 (1) As used in this section, the term "menstrual hygiene 34 products" means tampons and sanitary napkins for use in 35 connection with the menstrual cycle. 36 (2) A school district shall make menstrual hygiene 37 products available in each middle school and high school within 38 the district, at no charge. The menstrual hygiene products must 39 be located in each school nurse's office, other physical school 40 facility for health services, and in a minimum of 25 percent of 41 restrooms within each school, including at least one wheelchair 42 accessible restroom. 43 (3) Each school shall ensure that students are provided 44 appropriate notice as to the availability and location of the 45 menstrual hygiene products. 46 (4) In order to meet the requirements of subsection (2), 47 school districts are encouraged to partner with nonprofit 48 organizations, nongovernmental organizations, businesses, and 49 other organizations to assist in supplying and maintaining the 50 HB 389 2023 CODING: Words stricken are deletions; words underlined are additions. hb0389-00 Page 3 of 3 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 required menstrual hygiene products. 51 (5) This section applies to charter schools pursuant to s. 52 1002.33(16)(a)5. 53 Section 3. This act shall take effect July 1, 2023. 54

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ENROLLED CS/HB 389, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0389-03-er Page 1 of 2 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 menstrual hygiene products in 2 public schools; creating s. 1006.064, F.S.; defining 3 the term "menstrual hygiene products"; authorizing 4 school districts to make menstrual hygiene products 5 available, at no charge, in schools within the 6 district and at certain locations within such schools; 7 specifying requirements for the menstrual hygiene 8 products and the dispensers of such products; 9 requiring participating schools to notify students of 10 the availability and locations of such products; 11 encouraging school districts to partner with specified 12 organizations to supply and maintain such menstrual 13 hygiene products; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 1006.064, Florida Statutes, is created 18 to read: 19 1006.064 Availability of menstrual hygiene products.— 20 (1) As used in this section, the term "menstrual hygiene 21 products" means tampons and sanitary napkins for use in 22 connection with the menstrual cycle. 23 (2) A school district may make menstrual hygiene products 24 available in each school within the district, at no charge. The 25 ENROLLED CS/HB 389, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0389-03-er Page 2 of 2 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 menstrual hygiene products may be located in the school nurse's 26 office, other school facilities for health services, and in 27 restrooms within each school, including wheelchair accessible 28 restrooms. The menstrual hygiene products may not display any 29 advertisement, logo, or text except for the brand name and any 30 product information provided by the manufacturer. Any associated 31 dispensing mechanism may not display any advertisement, logo, or 32 text except for the brand name and product information provided 33 by the manufacturer or information necessary to maintain the 34 dispensing mechanism. If the products or dispensing mechanism is 35 provided, sponsored, or otherwise funded by a person or an 36 organization other than the school district or the manufacturer, 37 information related to the provider, sponsor, or person or 38 organization making such donation may not be displayed. 39 (3) Participating schools shall ensure that students are 40 provided appropriate notice as to the availability and location 41 of the menstrual hygiene products. 42 (4) School districts are encouraged to partner with 43 nonprofit organizations, nongovernmental organizations, 44 businesses, and other organizations to assist in supplying and 45 maintaining such menstrual hygiene products. 46 Section 2. This act shall take effect July 1, 2023. 47