Florida Senate - 2015 SB 690
By Senator Sobel
33-01331-15 2015690__
1 A bill to be entitled
2 An act relating to toilet access; amending s. 381.009,
3 F.S.; defining terms; requiring a retail establishment
4 serving the public which has a toilet facility for its
5 employees to allow a customer to use the facility
6 during normal business hours if certain conditions are
7 met; providing that a retail establishment or an
8 employee of a retail establishment is not civilly
9 liable for a specified act or omission that occurs as
10 a result of allowing a customer to use an employee
11 toilet facility; authorizing the Department of Health
12 to impose a fine upon a retail establishment or an
13 employee of a retail establishment in certain
14 circumstances; providing that the amounts collected
15 from fines shall be deposited into an appropriate
16 trust fund of the Department of Health; requiring a
17 customer to present to an employee of a retail
18 establishment proof of an eligible medical condition;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 381.009, Florida Statutes, is amended to
24 read:
25 381.009 Toilets required by department regulations; charge
26 for use of prohibited; toilets in retail establishments.—
27 (1) A No place of employment or a place serving the public
28 may not shall make a charge for the use of a any toilet that
29 which is required to be provided by regulation of the Department
30 of Health. Any place of employment or place serving the public
31 which violates this act is guilty of a misdemeanor of the second
32 degree, punishable as provided in s. 775.083.
33 (2)(a) As used in this subsection, the term:
34 1. “Customer” means an individual who is lawfully on the
35 premises of a retail establishment.
36 2. “Eligible medical condition” means Crohn’s disease,
37 ulcerative colitis, any other inflammatory bowel disease,
38 irritable bowel syndrome, or any other medical condition that
39 requires immediate access to a toilet facility.
40 3. “Retail establishment” means a place of business that is
41 open to the general public for the sale of goods or services.
42 (b) A retail establishment serving the public which has a
43 toilet facility for its employees must allow a customer to use
44 the toilet facility during normal business hours if all of the
45 following conditions are met:
46 1. The customer requesting the use of the employee toilet
47 facility suffers from an eligible medical condition as described
48 in subparagraph (a)2. or uses an ostomy device.
49 2. Three or more employees of the retail establishment are
50 working at the time the customer requests use of the employee
51 toilet facility.
52 3. The retail establishment does not normally make a
53 restroom available to the public.
54 4. The employee toilet facility is not located in an area
55 in which allowing a customer access would create an obvious
56 health or safety risk to the customer or an obvious security
57 risk to the retail establishment.
58 5. A public restroom is not immediately accessible to the
59 customer.
60 (c) A retail establishment or an employee of a retail
61 establishment is not civilly liable for any act or omission that
62 occurs as a result of allowing a customer to use an employee
63 toilet facility that is not a public restroom if the act or
64 omission meets all of the following criteria:
65 1. It is not willful or grossly negligent.
66 2. It occurs in an area of the retail establishment that is
67 not accessible to the public.
68 3. It results in an injury to or the death of the customer
69 or any individual other than an employee accompanying the
70 customer.
71 (d) This subsection does not require a retail establishment
72 to make any physical changes to an employee toilet facility.
73 (e) The Department of Health may impose a fine of up to $50
74 upon a retail establishment or an employee of a retail
75 establishment for a violation of subsection (b). All amounts
76 collected under this section shall be deposited into an
77 appropriate trust fund of the Department of Health.
78 (f) When requesting access to an employee toilet facility,
79 a customer must present to an employee of the retail
80 establishment proof of an eligible medical condition. The proof
81 shall take the form of a document issued by a licensed physician
82 or the Crohn’s and Colitis Foundation of America identifying the
83 customer and citing this section.
84 Section 2. This act shall take effect July 1, 2015.