Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 1028, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Farmer moved the following:
    1         Senate Amendment to House Amendment (649221) to Senate
    2  Amendment (with title amendment)
    4         Between lines 39 and 40
    5  insert:
    6         (e)1.A dispute regarding a student’s sex shall be resolved
    7  by the student’s school or institution by requesting that the
    8  student provide a health examination and consent form or other
    9  statement signed by the student’s personal health care provider
   10  which must verify the student’s biological sex. The health care
   11  provider may verify the student’s biological sex as part of a
   12  routine sports physical examination by relying only on one or
   13  more of the following:
   14         a.The student’s reproductive anatomy;
   15         b.The student’s genetic makeup; or
   16         c.The student’s normal endogenously produced testosterone
   17  levels.
   18         2.Any person who disputes a student’s sex shall pay the
   19  costs associated with the health examination performed by the
   20  student’s health care provider required pursuant to subparagraph
   21  1., including any tests that may be required in relation to the
   22  health examination. A student whose sex is wrongfully disputed
   23  has a cause of action for damages against the person who
   24  initiated the dispute.
   26  ================= T I T L E  A M E N D M E N T ================
   27  And the title is amended as follows:
   28         Delete line 83
   29  and insert:
   30         students; requiring that any person who disputes a
   31         student’s sex pay the costs associated with the health
   32         examination performed by the student’s health care
   33         provider; providing that a student whose sex is
   34         wrongfully disputed has a cause of action against the
   35         person who initiated the dispute; providing civil
   36         remedies for students and