Florida Senate - 2021 SB 2012 By Senator Stargel 22-01360A-21 20212012__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to promoting equality of athletic 2 opportunity; creating s. 1006.205, F.S.; providing a 3

short title; providing legislative intent and 4 findings; requiring that certain athletic teams or 5 sports sponsored by certain educational institutions 6 be designated on the basis of students’ biological 7 sex; prohibiting athletic teams or sports designated 8 for female students from being open to male students; 9 specifying conditions under which persons who 10 transition from male to female are eligible to compete 11 in the female category; requiring a student that fails 12 to comply with certain conditions to be suspended from 13 female competition for 12 months; requiring the Board 14 of Governors of the State University System to adopt 15 regulations and the State Board of Education to adopt 16 rules regarding the resolution of disputes; providing 17 protections for educational institutions from certain 18 adverse actions taken by a governmental entity, any 19 licensing or accrediting organization, or any athletic 20 association or organization; providing civil remedies 21 for students and educational institutions; providing a 22 statute of limitation; providing for damages; 23 providing an effective date. 24 25 WHEREAS, the United States Supreme Court recognized in 26 United States v.

Virginia, 518 U.S. 515 (1996), that there are 27 inherent differences between men and women and these differences 28 remain cause for celebration, but not for denigration of the 29

Florida Senate - 2021 SB 2012 22-01360A-21 20212012__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. members of either sex for artificial constraints on an 30 individual’s opportunity, and 31 WHEREAS, the Supreme Court recognized that sex 32 classifications may be used to compensate women for particular 33 economic disabilities they have suffered, to promote equal 34 employment opportunity, and to advance full development of the 35 talent and capacities of our nation’s people, and 36 WHEREAS, one area where sex classifications allow for the 37 full development of the talent and capacities of our nation’s 38 people is in the context of sports and athletics, and 39 WHEREAS, the Olympic Games are considered the world’s 40 foremost sporting competitions in which thousands of male and 41 female athletes from more than 200 nations participate, and 42 WHEREAS, the biological differences between females and 43 males, especially as it relates to natural levels of 44 testosterone, explain the male and female secondary sex 45 characteristics, including physical strength, speed, and 46 endurance, and 47 WHEREAS, after consulting with hundreds of athletes, 48 doctors, and human rights experts, in November 2015, the 49 International Olympic Committee issued guidelines specifying 50 that an athlete who has transitioned from male to female is 51 eligible to compete if she demonstrates that her total 52 testosterone level in serum has been below 10 nmol/L for at 53 least 12 months before her first competition, with the 54 requirement for any longer period to be based on a confidential 55 case-by-case evaluation considering whether 12 months is a 56 sufficient length of time to minimize any advantage in women’s 57 competition, and 58

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WHEREAS, the athlete’s total testosterone level in serum 59 must remain below 10 nmol/L throughout the period of desired 60 eligibility to compete in the female category, and 61 WHEREAS, these guidelines remain in effect and have 62 successfully led to parity between athletes who have 63 transitioned from male to female and cisgender female athletes, 64 and 65 WHEREAS, the use of cross-sex hormone therapy is increasing 66 nationwide and in this state, and 67 WHEREAS, the number of transgender athletes is also 68 increasing in this state, and 69 WHEREAS, athletes who have transitioned from male to female 70 generally have higher levels of testosterone and may excel in 71 physical strength, speed, and endurance in comparison to 72 cisgender females, and 73 WHEREAS, the increase in athletes who have transitioned 74 from male to female has and will continue to displace cisgender 75 female athletes in this state and prevent them from excelling in 76 athletic competitions, and 77 WHEREAS, transgender athletes should compete against 78 athletes with similar abilities, and 79 WHEREAS, this act, which requires the designation of 80 separate sex-specific athletic teams, is necessary to redress 81 past discrimination against female athletes and to avoid 82 jeopardizing the equality of athletic opportunity in this state, 83 NOW, THEREFORE, 84 85 Be It Enacted by the Legislature of the State of Florida: 86 87

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Section

Section 1006.205, Florida Statutes, is created 88 to read: 89 1006.205 Promoting Equality of Athletic Opportunity Act.— 90

(1) SHORT TITLE.—This

section may be cited as the 91 “Promoting Equality of Athletic Opportunity Act.” 92

(2) LEGISLATIVE INTENT AND FINDINGS.— 93 (

a) It is the intent of the Legislature to provide 94 opportunities for female athletes to demonstrate their strength, 95 skills, and athletic abilities and to provide them with 96 opportunities to obtain recognition and accolades, college 97 scholarships, and the numerous other long-term benefits that 98 result from participating and competing in athletic endeavors. 99 (

b) The Legislature finds that promoting the equality of 100 athletic opportunity is an important state interest. The 101 Legislature finds that requiring the designation of separate 102 sex-specific athletic teams or sports is necessary to promote 103 equality of athletic opportunity. 104

(3) DESIGNATION OF ATHLETIC TEAMS OR SPORTS.— 105 (

a) Interscholastic, intercollegiate, intramural, or club 106 athletic teams or sports that are sponsored by a public primary 107 or secondary school, a public postsecondary institution, or any 108 school or institution whose students or teams compete against a 109 public school or public postsecondary institution must be 110 expressly designated as one of the following based on the 111 biological sex of team members: 112 1. Males, men, or boys; 113 2. Females, women, or girls; or 114 3. Coed or mixed, including both males and females. 115 (

b) Athletic teams or sports designated for females, women, 116

Florida Senate - 2021 SB 2012 22-01360A-21 20212012__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. or girls may not be open to students of the male sex. 117 (

c) Persons who transition from male to female are eligible 118 to compete in the female category if all of the following 119 conditions are met: 120 1. The student has declared a female gender identity to her 121 school or institution. 122 2. The student demonstrates that her total testosterone 123 level in serum has been below 10 nmol/L for at least 12 months 124 before her first competition and monthly throughout the period 125 of desired eligibility to compete in the female category. 126 3.

The student’s total testosterone level in serum must 127 remain below 10 nmol/L throughout the period of desired 128 eligibility to compete in the female category. 129 130 A student that fails to comply with the requirements of 131 subparagraphs 2. or 3. must be suspended from female competition 132 for 12 months. 133 (

d) The Board of Governors of the State University System 134 shall adopt regulations, and the State Board of Education shall 135 adopt rules, regarding the receipt and timely resolution of 136 disputes by schools and institutions, consistent with this 137 subsection. 138

(4) PROTECTION FOR EDUCATIONAL INSTITUTIONS.—A governmental 139 entity, licensing or accrediting organization, or an athletic 140 association or organization may not entertain a complaint, open 141 an investigation, or take any other adverse action against any 142 school or public postsecondary institution in this state for 143 maintaining separate interscholastic, intercollegiate, 144 intramural, or club athletic teams or sports for students of the 145

Florida Senate - 2021 SB 2012 22-01360A-21 20212012__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. female sex. 146

(5) CAUSE OF ACTION; CIVIL REMEDIES.— 147 (

a) Any student who is deprived of an athletic opportunity 148 or suffers any direct or indirect harm as a result of a 149 violation of this

section has a private cause of action for 150 injunctive relief, damages, and any other relief available under 151 law against the school or public postsecondary institution. 152 (

b) Any student who is subject to retaliation or other 153 adverse action by a school, a public postsecondary institution, 154 or an athletic association or organization as a result of 155 reporting a violation of this

section to an employee or a 156 representative of the school, institution, or athletic 157 association or organization, or to any state or federal agency 158 with oversight of schools or public postsecondary institutions 159 in this state, has a private cause of action for injunctive 160 relief, damages, and any other relief available under law 161 against the school, institution, or athletic association or 162 organization. 163 (

c) Any public school or public postsecondary institution 164 that suffers any direct or indirect harm as a result of a 165 violation of this

section shall have a private cause of action 166 for injunctive relief, damages, and any other relief available 167 under law against the governmental entity, licensing or 168 accrediting organization, or athletic association or 169 organization. 170 (

d) A civil action brought under this

section must be 171 initiated within 2 years after the alleged harm occurred. 172 Persons or organizations who prevail on a claim brought under 173 this

section are entitled to monetary damages, including for any 174

Florida Senate - 2021 SB 2012 22-01360A-21 20212012__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. psychological, emotional, or physical harm suffered, reasonable 175 attorney fees and costs, and any other appropriate relief. 176

Section 2. This act shall take effect July 1, 2021. 177