# Facility Requirements Based on Sex Act

The Facility Requirements Based on Sex Act, also known as Committee Substitute for House Bill 1521 (CS/HB 1521), is a 2023 Florida anti-trans bathroom law which mandates that individuals must use restrooms, locker rooms, and changing facilities that correspond to their sex assigned at birth in some public, private and state-licensed facilities. It is one of two states (Utah) to make it a misdemeanor, in certain circumstances, for transgender people to use bathrooms or facilities consistent with their gender identity. It is the most populous state in the United States with a bathroom law. The law has generated significant controversy and legal challenges.

## History

Prior to July 1, 2023, transgender people in Florida were never mandated to use restrooms, locker rooms, and changing facilities that correspond to their sex assigned at birth in public, private or state-licensed buildings. In 2015, the Kentucky Senate passed a bathroom bill, which would have required people to use bathrooms corresponding to their biological sex in public schools and public facilities, but died in the Kentucky House of Representatives in committee without a vote.
In 2016, North Carolina enacted the Public Facilities Privacy & Security Act, which required transgender individuals in public buildings to use bathrooms and changing facilities that correspond to their biological sex as stated on their birth certificates, rather than their gender identity.There was no penalty or enforcement mechanisms for violating the requirement in the Public Facilities Privacy & Security Act. On March 30, 2017, the Public Facilities Privacy & Security Act was repealed following public backlash. In 2017, the Texas Senate passed a bathroom bill, which would restrict bathroom use based on biological sex in both public schools and government buildings, but died in the Texas House of Representatives in committee without a vote.
In 2019, the South Dakota Legislature passed a bathroom bill, which included provisions related to bathroom access based on biological sex in certain public facilities, but it was vetoed by Governor Dennis Daugaard. From 2021 to 2022, bathroom laws for public schools were enacted in Tennessee, Alabama and Oklahoma. Prior to March 7, 2023, state legislatures in Arkansas and Tennessee, along with the Idaho House of Representatives, the Kentucky Senate and the Oklahoma Senate passed bathroom bill for public schools, while the North Dakota House of Representatives passed a bathroom bill which requires government entities to restrict restroom access based on biological sex.

### Legislative history

On March 7, 2023, House Bill 1521 (HB 1521), a bill which would require public facilities, including restrooms and changing facilities, to be designated for exclusive use based on a person's sex at birth, with certain exceptions, and impose penalties for violations, was introduced in the Florida House of Representatives (FL House) by Representative Rachel Plakon. On March 29, 2023, House Regulatory Reform & Economic Development Subcommittee adopted, by a party line vote of 11–3, Amendment 808359, which clarified restroom and changing facility requirements, ensuring that facilities were designated based on biological sex with specific exceptions for unisex facilities, caregiving, and emergency situations. On April 19, 2023, the FL House passed, by a party line vote of 80–37, HB 1521. On May 2, 2023, Amendment 730228, which introduced key changes to HB 1521, was passed by a voice vote in the Florida Senate (FL Senate).
Amendment 730228 allowed for the creation of unisex restrooms and changing facilities as alternatives to sex-designated facilities, provided they meet specific privacy standards. Additionally, it clarified exceptions for entering facilities designated for the opposite sex, including caregiving, law enforcement, emergency situations, and maintenance activities. The amendment also introduced a requirement for covered entities to establish disciplinary procedures for violations of the act, including measures for staff and inmates or students who refuse to comply with facility-use rules.
Furthermore, Amendment 730228 authorized the Florida Attorney General to bring civil enforcement actions against entities failing to comply, with fines of up to $10,000 for willful violations. Lastly, a severability clause was included to ensure the act's provisions remain enforceable even if certain sections are found invalid. On May 3, 2023, at 2:23 PM ET, the FL Senate passed, by a party line vote, excluding three Republicans, of 26–12, HB 1521. That same day, at 3:56 PM ET, the Florida House concurred with Amendment 730228 and passed, by a party line vote of 80–36, HB 1521. On May 17, 2023, Governor Ron DeSantis signed HB 1521 into law, which took effect on July 1, 2023.

## Provisions

The following facility restrooms, locker rooms and changing facilities are covered by the Facility Requirements Based on Sex Act:

### Private facilities

Approximately 23.5% are private facilities covered. The Facility Requirements Based on Sex Act is unique in that is the only state with a bathroom law that explicitly applies to some private facilities.
* College-run student housing (since October 18, 2023)
* Colleges (since October 18, 2023)
* Correctional institutions
* Universities (since October 18, 2023)

### Public facilities

Approximately 52.9% are public facilities covered.
* College-run student housing (under preliminary injunction since September 11, 2023)
* Colleges (under preliminary injunction since September 11, 2023)
* Correctional institutions
* Domestic violence centers
* Healthcare facilities
* K-12 schools (under preliminary injunction since September 11, 2023)
* Shelters
* State government buildings with restrooms or changing facilities
* Universities (under preliminary injunction since September 11, 2023)

### State-licensed facilities

Approximately 64.7% are state-licensed facilities covered. The Facility Requirements Based on Sex Act is unique in that is the only state with a bathroom law that explicitly applies to some state-licensed facilities.
* Assisted living facilities
* Domestic violence centers
* Healthcare facilities
* Massage establishments
* Optical establishments
* Shelters
* State colleges (under preliminary injunction since September 11, 2023)
* State universities (under preliminary injunction since September 11, 2023)
* Pain management clinics
* Pharmacies
* Substance abuse treatment facilities

### Extension

On August 23, 2023, the Florida Board of Education passed the Designation of Restrooms and Changing Facilities in the Florida College System regulation, which took effect immediately, requiring all state colleges in the Florida College System to designate facilities based on biological sex at birth in compliance with the Facility Requirements Based on Sex Act. On October 18, 2023, the Florida Board of Education passed Rule 6E-7.001: Designation of Restrooms and Changing Facilities in Private Postsecondary Educational Facilities regulation, which, effective immediately, applied these restrictions of the Facility Requirements Based on Sex Act to private college-run student housing, private colleges and private universities.
On November 9, 2023, the Florida Board of Governors passed Public Notice of Approval of Adoption of Board of Governors Regulation 14.010, Designation of Restrooms and Changing Facilities, by a 15–2 party line vote, the Designation of Restrooms and Changing Facilities for Males and Females regulation, which, effective immediately, extended the enforcement of the act to cover all state universities. Private college-run student housing, private colleges, private universities and state universities were required to submit documentation proving compliance by April 1, 2024.

### Penalties

The following penalties apply to individuals and institutions that fail to comply with the Facility Requirements Based on Sex Act's requirements:
* If an individual willingly enters a restroom or changing facility designated for the opposite sex and refuse to leave when asked commit trespass in a structure or conveyance, which is classified as a second-degree misdemeanor, which has a maximum penalty of up to 60 days in jail and a fine of up to $500.
* Educational institutions, correctional facilities, detention centers, and public agencies are required to establish internal disciplinary procedures for staff, students, or inmates who violate the bill's provisions. Penalties for violating those procedures may include suspension, termination, or other appropriate disciplinary measures according to the institution's policies.
* Covered entities that fail to comply with the law may face civil actions initiated by the Florida Attorney General. The Attorney General can seek injunctive relief and impose fines of up to $10,000 per violation for willful non-compliance.

### Exceptions

The following exceptions are listed in the Facility Requirements Based on Sex Act:
* Assisting someone who needs help due to age, disability, or medical reasons.
* Providing medical aid or emergency care.
* Responding to an emergency.
* For cleaning, maintenance, or inspection when the facility is not in use.
* If the assigned restroom is broken or under repair and the opposite one is empty.
* Excludes students and school staff from the trespassing rule.
* Excludes juveniles and staff from the trespassing rule in juvenile facilities.
* Excludes public employees from the trespassing rule in public buildings.
* Excludes individuals receiving treatment for intersex conditions (disorders of sexual development) under a doctor's care.

## Enforcement

Currently there have been no publicly reported arrests, disciplinary measures or prosecutions under the Facility Requirements Based on Sex Act.

## Criticism

Unlike other bathroom laws, the Facility Requirements Based on Sex Act includes no exceptions for transgender people who have undergo sex reassignment surgery to change their sex and altered their birth certificates with their gender identity to use the restroom, locker room, or changing facility that is consistent with their gender identity.