Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 1028, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Farmer moved the following:
       
    1         Senate Amendment to House Amendment (649221) to Senate
    2  Amendment (with title amendment)
    3  
    4         Delete lines 24 - 57
    5  and insert:
    6  athletic teams or sports that are sponsored by a public high
    7  school, a public postsecondary institution, or any high school
    8  or institution whose students or teams compete against a public
    9  high school or public postsecondary institution shall be
   10  expressly designated as one of the following based on biological
   11  sex:
   12         1. Males, men, or boys;
   13         2. Females, women, or girls; or
   14         3. Coed or mixed.
   15         (b) Athletic teams or sports designated for females, women,
   16  or girls may not be open to students of the male sex.
   17         (c) A dispute regarding a student’s sex shall be resolved
   18  by the student’s school or institution by requesting that the
   19  student provide a health examination and consent form or other
   20  statement signed by the student’s personal health care provider
   21  which must verify the student’s biological sex. The health care
   22  provider may verify the student’s biological sex as part of a
   23  routine sports physical examination by relying only on one or
   24  more of the following:
   25         1. The student’s reproductive anatomy;
   26         2. The student’s genetic makeup; or
   27         3. The student’s normal endogenously produced testosterone
   28  levels.
   29         (d) The State Board of Education shall adopt rules
   30  regarding the receipt and timely resolution of disputes by
   31  schools and institutions consistent with this subsection.
   32         (4) PROTECTION FOR EDUCATIONAL INSTITUTIONS.—A governmental
   33  entity, any licensing or accrediting organization, or any
   34  athletic association or organization may not entertain a
   35  complaint, open an investigation, or take any other adverse
   36  action against any high school or public postsecondary
   37  institution for maintaining separate interscholastic,
   38  intercollegiate, intramural, or club athletic teams or sports
   39  for students of the female sex.
   40         (5) CAUSE OF ACTION; CIVIL REMEDIES.—
   41         (a) Any student who is deprived of an athletic opportunity
   42  or suffers any direct or indirect harm as a result of a
   43  violation of this section shall have a private cause of action
   44  for injunctive relief, damages, and any other relief available
   45  under law against the high school or public postsecondary
   46  institution.
   47         (b) Any student who is subject to retaliation or other
   48  adverse action by a high school, public postsecondary
   49  institution, or athletic association or organization as a result
   50  of reporting a violation of this section to an employee or
   51  representative of the high school, institution, or athletic
   52  association or organization, or to any state or federal agency
   53  with oversight of high schools or public postsecondary
   54  institutions in the state, shall have a private cause of action
   55  for injunctive relief, damages, and any other relief available
   56  under law against the high school, institution, or athletic
   57  association or organization.
   58         (c) Any high school or public postsecondary institution
   59  that
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete lines 79 - 83
   64  and insert:
   65         biological sex; prohibiting athletic teams or sports
   66         designated for female students from being open to male
   67         students; providing for dispute resolution; providing
   68         immunity for educational institutions under certain
   69         circumstances; providing civil remedies for students
   70         and