Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS/HB 7, 2nd Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Taddeo moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 60 - 226
    4  and insert:
    5         Section 1. Present subsections (4) through (8) of section
    6  1000.05, Florida Statutes, are redesignated as subsections (5)
    7  through (9), respectively, subsections (2) and (3), present
    8  subsection (4), and paragraph (d) of present subsection (6) are
    9  amended, and a new subsection (4) is added to that section, to
   10  read:
   11         1000.05 Discrimination against students and employees in
   12  the Florida K-20 public education system prohibited; equality of
   13  access required.—
   14         (2)(a) Discrimination on the basis of race, color
   15  ethnicity, national origin, sex gender, disability, religion, or
   16  marital status against a student or an employee in the state
   17  system of public K-20 education is prohibited. No person in this
   18  state shall, on the basis of race, color ethnicity, national
   19  origin, sex gender, disability, religion, or marital status, be
   20  excluded from participation in, be denied the benefits of, or be
   21  subjected to discrimination under any public K-20 education
   22  program or activity, or in any employment conditions or
   23  practices, conducted by a public educational institution that
   24  receives or benefits from federal or state financial assistance.
   25         (b) The criteria for admission to a program or course shall
   26  not have the effect of restricting access by persons of a
   27  particular race, color ethnicity, national origin, sex gender,
   28  disability, religion, or marital status.
   29         (c) All public K-20 education classes shall be available to
   30  all students without regard to race, color ethnicity, national
   31  origin, sex gender, disability, religion, or marital status;
   32  however, this is not intended to eliminate the provision of
   33  programs designed to meet the needs of students with limited
   34  proficiency in English, gifted students, or students with
   35  disabilities or programs tailored to students with specialized
   36  talents or skills.
   37         (d) Students may be separated by sex gender for a single
   38  gender program as provided under s. 1002.311, for any portion of
   39  a class that deals with human reproduction, or during
   40  participation in bodily contact sports. For the purpose of this
   41  section, bodily contact sports include wrestling, boxing, rugby,
   42  ice hockey, football, basketball, and other sports in which the
   43  purpose or major activity involves bodily contact.
   44         (e) Guidance services, counseling services, and financial
   45  assistance services in the state public K-20 education system
   46  shall be available to students equally. Guidance and counseling
   47  services, materials, and promotional events shall stress access
   48  to academic and career opportunities for students without regard
   49  to race, color ethnicity, national origin, sex gender,
   50  disability, religion, or marital status.
   51         (3)(a) No person shall, on the basis of sex gender, be
   52  excluded from participating in, be denied the benefits of, or be
   53  treated differently from another person or otherwise be
   54  discriminated against in any interscholastic, intercollegiate,
   55  club, or intramural athletics offered by a public K-20
   56  educational institution; and no public K-20 educational
   57  institution shall provide athletics separately on such basis.
   58         (b) Notwithstanding the requirements of paragraph (a), a
   59  public K-20 educational institution may operate or sponsor
   60  separate teams for members of each sex gender if the selection
   61  for such teams is based upon competitive skill or the activity
   62  involved is a bodily contact sport. However, when a public K-20
   63  educational institution operates or sponsors a team in a
   64  particular sport for members of one sex gender but does not
   65  operate or sponsor such a team for members of the other sex
   66  gender, and athletic opportunities for that sex gender have
   67  previously been limited, members of the excluded sex gender must
   68  be allowed to try out for the team offered.
   69         (c) This subsection does not prohibit the grouping of
   70  students in physical education classes and activities by ability
   71  as assessed by objective standards of individual performance
   72  developed and applied without regard to sex gender. However,
   73  when use of a single standard of measuring skill or progress in
   74  a physical education class has an adverse effect on members of
   75  one sex gender, the educational institution shall use
   76  appropriate standards which do not have such effect.
   77         (d) A public K-20 educational institution which operates or
   78  sponsors interscholastic, intercollegiate, club, or intramural
   79  athletics shall provide equal athletic opportunity for members
   80  of both sexes genders.
   81         1. The Board of Governors shall determine whether equal
   82  opportunities are available at state universities.
   83         2. The Commissioner of Education shall determine whether
   84  equal opportunities are available in school districts and
   85  Florida College System institutions. In determining whether
   86  equal opportunities are available in school districts and
   87  Florida College System institutions, the Commissioner of
   88  Education shall consider, among other factors:
   89         a. Whether the selection of sports and levels of
   90  competition effectively accommodate the interests and abilities
   91  of members of both sexes genders.
   92         b. The provision of equipment and supplies.
   93         c. Scheduling of games and practice times.
   94         d. Travel and per diem allowances.
   95         e. Opportunities to receive coaching and academic tutoring.
   96         f. Assignment and compensation of coaches and tutors.
   97         g. Provision of locker room, practice, and competitive
   98  facilities.
   99         h. Provision of medical and training facilities and
  100  services.
  101         i. Provision of housing and dining facilities and services.
  102         j. Publicity.
  104  Unequal aggregate expenditures for members of each sex gender or
  105  unequal expenditures for male and female teams if a public
  106  school or Florida College System institution operates or
  107  sponsors separate teams do not constitute nonimplementation of
  108  this subsection, but the Commissioner of Education shall
  109  consider the failure to provide necessary funds for teams for
  110  one sex gender in assessing equality of opportunity for members
  111  of each sex gender.
  112         (e) A public school or Florida College System institution
  113  may provide separate toilet, locker room, and shower facilities
  114  on the basis of gender, but such facilities shall be comparable
  115  to such facilities provided for students of the other sex
  116  gender.
  117         (4)(a)It shall constitute discrimination on the basis of
  118  race, color, national origin, or sex under this section to
  119  subject any student to training or instruction that espouses,
  120  promotes, advances, inculcates, or compels such student to
  121  believe any of the following concepts:
  123  ================= T I T L E  A M E N D M E N T ================
  124  And the title is amended as follows:
  125         Delete lines 3 - 12
  126  and insert:
  127         1000.05, F.S.; providing that subjecting any student
  128         to training or