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
Noplace of employment or a place serving the public 28 may not shall make acharge for the use of a anytoilet that 29 whichis 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.