Florida Senate - 2021 SB 2012
By Senator Stargel
22-01360A-21 20212012__
1 A bill to be entitled
2 An act relating to promoting equality of athletic
3 opportunity; creating s. 1006.205, F.S.; providing a
4 short title; providing legislative intent and
5 findings; requiring that certain athletic teams or
6 sports sponsored by certain educational institutions
7 be designated on the basis of students’ biological
8 sex; prohibiting athletic teams or sports designated
9 for female students from being open to male students;
10 specifying conditions under which persons who
11 transition from male to female are eligible to compete
12 in the female category; requiring a student that fails
13 to comply with certain conditions to be suspended from
14 female competition for 12 months; requiring the Board
15 of Governors of the State University System to adopt
16 regulations and the State Board of Education to adopt
17 rules regarding the resolution of disputes; providing
18 protections for educational institutions from certain
19 adverse actions taken by a governmental entity, any
20 licensing or accrediting organization, or any athletic
21 association or organization; providing civil remedies
22 for students and educational institutions; providing a
23 statute of limitation; providing for damages;
24 providing an effective date.
25
26 WHEREAS, the United States Supreme Court recognized in
27 United States v. Virginia, 518 U.S. 515 (1996), that there are
28 inherent differences between men and women and these differences
29 remain cause for celebration, but not for denigration of the
30 members of either sex for artificial constraints on an
31 individual’s opportunity, and
32 WHEREAS, the Supreme Court recognized that sex
33 classifications may be used to compensate women for particular
34 economic disabilities they have suffered, to promote equal
35 employment opportunity, and to advance full development of the
36 talent and capacities of our nation’s people, and
37 WHEREAS, one area where sex classifications allow for the
38 full development of the talent and capacities of our nation’s
39 people is in the context of sports and athletics, and
40 WHEREAS, the Olympic Games are considered the world’s
41 foremost sporting competitions in which thousands of male and
42 female athletes from more than 200 nations participate, and
43 WHEREAS, the biological differences between females and
44 males, especially as it relates to natural levels of
45 testosterone, explain the male and female secondary sex
46 characteristics, including physical strength, speed, and
47 endurance, and
48 WHEREAS, after consulting with hundreds of athletes,
49 doctors, and human rights experts, in November 2015, the
50 International Olympic Committee issued guidelines specifying
51 that an athlete who has transitioned from male to female is
52 eligible to compete if she demonstrates that her total
53 testosterone level in serum has been below 10 nmol/L for at
54 least 12 months before her first competition, with the
55 requirement for any longer period to be based on a confidential
56 case-by-case evaluation considering whether 12 months is a
57 sufficient length of time to minimize any advantage in women’s
58 competition, and
59 WHEREAS, the athlete’s total testosterone level in serum
60 must remain below 10 nmol/L throughout the period of desired
61 eligibility to compete in the female category, and
62 WHEREAS, these guidelines remain in effect and have
63 successfully led to parity between athletes who have
64 transitioned from male to female and cisgender female athletes,
65 and
66 WHEREAS, the use of cross-sex hormone therapy is increasing
67 nationwide and in this state, and
68 WHEREAS, the number of transgender athletes is also
69 increasing in this state, and
70 WHEREAS, athletes who have transitioned from male to female
71 generally have higher levels of testosterone and may excel in
72 physical strength, speed, and endurance in comparison to
73 cisgender females, and
74 WHEREAS, the increase in athletes who have transitioned
75 from male to female has and will continue to displace cisgender
76 female athletes in this state and prevent them from excelling in
77 athletic competitions, and
78 WHEREAS, transgender athletes should compete against
79 athletes with similar abilities, and
80 WHEREAS, this act, which requires the designation of
81 separate sex-specific athletic teams, is necessary to redress
82 past discrimination against female athletes and to avoid
83 jeopardizing the equality of athletic opportunity in this state,
84 NOW, THEREFORE,
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Section 1006.205, Florida Statutes, is created
89 to read:
90 1006.205 Promoting Equality of Athletic Opportunity Act.—
91 (1) SHORT TITLE.—This section may be cited as the
92 “Promoting Equality of Athletic Opportunity Act.”
93 (2) LEGISLATIVE INTENT AND FINDINGS.—
94 (a) It is the intent of the Legislature to provide
95 opportunities for female athletes to demonstrate their strength,
96 skills, and athletic abilities and to provide them with
97 opportunities to obtain recognition and accolades, college
98 scholarships, and the numerous other long-term benefits that
99 result from participating and competing in athletic endeavors.
100 (b) The Legislature finds that promoting the equality of
101 athletic opportunity is an important state interest. The
102 Legislature finds that requiring the designation of separate
103 sex-specific athletic teams or sports is necessary to promote
104 equality of athletic opportunity.
105 (3) DESIGNATION OF ATHLETIC TEAMS OR SPORTS.—
106 (a) Interscholastic, intercollegiate, intramural, or club
107 athletic teams or sports that are sponsored by a public primary
108 or secondary school, a public postsecondary institution, or any
109 school or institution whose students or teams compete against a
110 public school or public postsecondary institution must be
111 expressly designated as one of the following based on the
112 biological sex of team members:
113 1. Males, men, or boys;
114 2. Females, women, or girls; or
115 3. Coed or mixed, including both males and females.
116 (b) Athletic teams or sports designated for females, women,
117 or girls may not be open to students of the male sex.
118 (c) Persons who transition from male to female are eligible
119 to compete in the female category if all of the following
120 conditions are met:
121 1. The student has declared a female gender identity to her
122 school or institution.
123 2. The student demonstrates that her total testosterone
124 level in serum has been below 10 nmol/L for at least 12 months
125 before her first competition and monthly throughout the period
126 of desired eligibility to compete in the female category.
127 3. The student’s total testosterone level in serum must
128 remain below 10 nmol/L throughout the period of desired
129 eligibility to compete in the female category.
130
131 A student that fails to comply with the requirements of
132 subparagraphs 2. or 3. must be suspended from female competition
133 for 12 months.
134 (d) The Board of Governors of the State University System
135 shall adopt regulations, and the State Board of Education shall
136 adopt rules, regarding the receipt and timely resolution of
137 disputes by schools and institutions, consistent with this
138 subsection.
139 (4) PROTECTION FOR EDUCATIONAL INSTITUTIONS.—A governmental
140 entity, licensing or accrediting organization, or an athletic
141 association or organization may not entertain a complaint, open
142 an investigation, or take any other adverse action against any
143 school or public postsecondary institution in this state for
144 maintaining separate interscholastic, intercollegiate,
145 intramural, or club athletic teams or sports for students of the
146 female sex.
147 (5) CAUSE OF ACTION; CIVIL REMEDIES.—
148 (a) Any student who is deprived of an athletic opportunity
149 or suffers any direct or indirect harm as a result of a
150 violation of this section has a private cause of action for
151 injunctive relief, damages, and any other relief available under
152 law against the school or public postsecondary institution.
153 (b) Any student who is subject to retaliation or other
154 adverse action by a school, a public postsecondary institution,
155 or an athletic association or organization as a result of
156 reporting a violation of this section to an employee or a
157 representative of the school, institution, or athletic
158 association or organization, or to any state or federal agency
159 with oversight of schools or public postsecondary institutions
160 in this state, has a private cause of action for injunctive
161 relief, damages, and any other relief available under law
162 against the school, institution, or athletic association or
163 organization.
164 (c) Any public school or public postsecondary institution
165 that suffers any direct or indirect harm as a result of a
166 violation of this section shall have a private cause of action
167 for injunctive relief, damages, and any other relief available
168 under law against the governmental entity, licensing or
169 accrediting organization, or athletic association or
170 organization.
171 (d) A civil action brought under this section must be
172 initiated within 2 years after the alleged harm occurred.
173 Persons or organizations who prevail on a claim brought under
174 this section are entitled to monetary damages, including for any
175 psychological, emotional, or physical harm suffered, reasonable
176 attorney fees and costs, and any other appropriate relief.
177 Section 2. This act shall take effect July 1, 2021.