Florida to Base Public Bathroom Rules on Biological Sex

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Florida Gov. Ron DeSantis has signed legislation that will require the use of public bathrooms and changing facilities to be based on biological sex.

CS/HB 1521 (pdf), succinctly titled, “Facility Requirements Based on Sex,” was approved by the Florida House on an 80–36 vote, and the Florida Senate by 26–12.

The measure strictly prohibits anyone from “willfully entering restroom or changing facility designated for the opposite sex and refusing to depart when asked to do so.”

It applies to all restrooms and changing facilities in K-12 educational institutions, detention facilities, locker rooms, and all public buildings.

The measure also “provides requirements for exclusive use of domestic violence centers by gender” as well as correctional institutions, and “requires entities that receive state licenses to submit compliance documentation. In addition, CS/HB 1521 authorizes the state attorney general to bring enforcement actions. The law does, however, provide exceptions ”for individuals born with certain genetically or biochemically verifiable disorder of sex development.”

To prevent confusion, “Facility Requirements Based on Sex” defines “Sex” as “the classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.”

According to the new law, any person who willfully enters “a restroom or changing facility designated for the opposite sex” in K-12 educational institutions, detention facilities, locker rooms, or any public building—and refuses to depart when asked to do so—commits the offense of trespass as provided in s. 810.08.

The Trespass in structure or conveyance statute (s. 810.08) clarifies that, if someone else is in the restroom or changing facility “at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable ”by a definite term of imprisonment not exceeding 1 year.”

The new law takes effect on July 1.

On that date, any person who believes “a covered entity failed to meet the minimum requirements for restrooms and changing facilities” may “submit a complaint to the Attorney General” (AG). Should the charge be valid, the “covered entity” would be “subject to penalties,” which may include the revocation of licensure or some other regulatory disciplinary action.

The AG may also bring a civil action and/or seek injunctive relief. If it is determined that a covered entity “willfully violated” the law, the AG also may seek to impose a fine of up to $10,000.

At a May 17 press conference in Tampa—while celebrating the passage of five “Let Kids Be Kids” bills, described by Democrats as “anti-LGBT” legislation—DeSantis said the measure “ensures women’s safety” and requires that covered entities must have separate facilities for men and women based on biological sex.”

“A woman should not be in a locker room having to worry about someone from the opposite sex being in their locker room,” he said, adding, “We want to make sure that our girls and our women are protected.”

The collection of bills dubbed the “Let Kids Be Kids“ package was signed into law, according to a May 17 statement,

• SB 254 prohibits Florida’s doctors from performing sex reassignment surgeries or administering puberty blockers for children.
• HB 1069 prohibits the use of preferred pronouns in school that do not correspond to the person’s biological sex.
• HB 1438 prohibits children from attending sexually explicit performances and government entities from issuing a permit authorizing a person to conduct a performance.