Current through Reg. 50, No. 187; September 24, 2024
(1) Purpose. The
purpose of this rule is to provide requirements regarding restroom and changing
facilities at Florida College System institutions pursuant to section (s.)
553.865, Florida Statutes
(F.S.)
(2) Compliance. Florida
College System institutions must comply with all applicable requirements of s.
553.865, F.S., and update
policies and procedures pertaining to the use of restrooms and changing
facilities by males or females, based on biological sex at birth. This includes
but is not limited to the following:
(a) That
restrooms are designated for exclusive use by males or females, as defined by
s. 553.865(3),
F.S., or that there is a unisex restroom.
(b) That changing facilities are designated
for exclusive use by males or females, as defined by s.
553.865(3),
F.S., or that there is a unisex changing facility.
(c) That disciplinary procedures for
employees have been established that comply with s.
553.865(9)(c),
F.S., and subsection (4) of this rule.
(d) That the institution's student handbook,
disciplinary procedures, and code of conduct have been updated according to s.
553.865(9)(a),
F.S.
(e) That the institution's
employee handbook, disciplinary procedures, and code of conduct have been
updated according to s.
553.865(9)(c),
F.S.
(f) That the institution's
student and employee handbooks and codes of conduct provide notice to students,
administrative personnel, faculty members, security personnel, and law
enforcement personnel of the right to file a complaint with the Attorney
General alleging that the educational institution has failed to meet the
minimum requirements for restrooms and changing facilities under s.
553.865(4) and
(5), F.S.
(g) That procedures have been established for
when any person, not a student or employee of the institution, improperly
enters a restroom or changing facility designated for the opposite sex on the
institution's premises and refuses to depart when asked to do so by
administrative personnel, faculty, security personnel, or law
enforcement.
(3)
Reporting. By April 1, 2024, the president of each Florida College System
institution must submit the Safety in Private Spaces Act Compliance
Certification form, Form FCS-SPSA (http://www.flrules.org/Gateway/reference.asp?No=Ref-15890),
effective September 2023, which is hereby incorporated by reference, to the
Department via email at ChancellorFCS@fldoe.org, certifying that the
institution maintains restrooms or changing facilities that meet the
requirements of s. 553.865(4) and
(5), F.S. The certification submitted by the
institution will encompass all facilities on all campuses, centers, and special
purpose centers. Student housing facilities owned or operated by the
institution or by the institution's direct support organization are also
subject to this rule and must be included in the certification. If a new
facility is established or acquired after July 1, 2023, the president must
submit Form FCS-SPSA within one year of establishment or acquisition.
(4) Institutional Disciplinary Actions.
(a) Florida College System institutions must
establish a disciplinary policy for administrative personnel and instructional
personnel who violate s.
553.865(9)(c),
F.S., that complies with the following parameters:
1. Institutions must investigate each
complaint regarding violations of s.
553.865(9)(c),
F.S., and must have an established procedure for such investigations;
2. Disciplinary actions may utilize a
progressive discipline process that includes verbal warnings, written
reprimands, suspension without pay, and termination;
3. The disciplinary action taken should be
based on the specific circumstances of the offense; however, a second
documented offense must result in a termination; and
4. Institutions must document violations of
s. 553.865(9)(c),
F.S., and retain such documentation according to the institution's records
retention policies. Such documentation must, at minimum, include the name of
the offender, the person that asked the offender to leave the restroom, and the
circumstances of the event sufficient to establish a
violation.
(b) Nothing in
this rule prohibits an institution from immediately terminating an employee for
such a violation.
(5) An
individual certified by the Florida Department of Education may face discipline
relating to that certificate pursuant to s.
1012.795, F.S. for violating any
provision of s. 553.865,
F.S.
Rulemaking Authority
553.865(9)(c),
(16),
1000.05(6)(a),
1001.02(1),
(2)(n) FS. Law Implemented
553.865,
1000.05(3),
1001.64(8)(f),
(16)
FS.
New 9-26-23.
