Current through Reg. 50, No. 187; September 24, 2024
(1)
Definitions. For purposes of this rule section the following definitions apply:
(a) Changing Facility - A room in which two
or more persons may be in a state of undress in the presence of others,
including, but not limited to, a dressing room, locker room, or shower
room.
(b) Facility - Any secure
detention center or residential commitment facility serving youth placed in
department custody.
(c) Female - A
person belonging, at birth, to the biological sex which has the specific
reproductive role of producing eggs.
(d) Male - A person belonging, at birth, to
the biological sex which has the specific reproductive role of producing
sperm.
(e) Restroom - A room that
includes one or more toilets or urinals and is sex-specific. This term does not
include a unisex restroom.
(f)
Unisex changing facility - A room intended for a single occupant or a family in
which one or more persons may be in a state of undress, including, but not
limited to, a dressing room, fitting room, locker room, changing room, or
shower room that is enclosed by floor-to-ceiling walls and accessed by a full
door with a secure lock that prevents another individual from entering while
the changing facility is in use.
(g) Unisex Restroom - A room that includes
one or more toilets or urinals and that is intended for a single occupant or a
family, is enclosed by floor-to-ceiling walls, and is accessed by a full door
with a secure lock that prevents another individual from entering while the
room is in use.
(2)
Restrooms.
(a) Secure detention centers must,
at a minimum, have a restroom designated for exclusive use by females and a
separate restroom designated for exclusive use by males. Though not required,
such facilities may also have a unisex restroom.
(b) Residential commitment facilities must,
at a minimum, have:
1. A restroom designated
for exclusive use by females and a restroom designated for exclusive use by
males; or
2. A unisex
restroom.
(3)
Changing Facilities. A secure detention center or residential commitment
facility that maintains a changing facility must, at a minimum, have a changing
facility designated for exclusive use by females and a separate changing
facility designated for exclusive use by males. Alternatively, the detention
center or residential commitment facility may maintain a unisex changing
facility.
(4) Incidents of
Noncompliance.
(a) A detention center or
residential commitment facility must ensure that their behavior management
system is capable of disciplining a youth who willfully enters a restroom or
changing facility designated for the opposite sex, and who refuses to depart
when asked to do so by staff.
(b) A
detention center or residential commitment facility must have a disciplinary
procedure in place to address staff who willfully enter a restroom or changing
facility designated for the opposite sex, and who refuse to depart when asked
to do so by staff.
(c) This rule
section does not apply, and it is not an incidence of noncompliance, when the
individual is or has been under the treatment of a physician who, in his or her
good faith clinical judgment, performs procedures upon or provides therapies
for a medically verifiable genetic disorder of sexual development, including:
1. External biological sex characteristics
that are unresolvedly ambiguous.
2.
A disorder of sexual development in which the physician has determined through
genetic or biochemical testing that the patient does not have a normal sex
chromosome structure, sex steroid hormone production, or sex steroid hormone
action for a male or a female.
(5) Each secure detention center and
residential commitment facility shall document compliance with this rule and
the relevant provisions of section 553.865, F.S., using the Safety in Private
Spaces Attestation (OPA-1, August 2023) which is incorporated by reference into
this rule and is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-16159.
A new facility must submit the required attestation within 1 year of being
established. A facility established prior to July 1, 2023, must submit an
attestation no later than April 1, 2024.
Rulemaking Authority 985.64, 553.865(16) FS. Law
Implemented 553.865 FS.
New 12-25-23.
