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The Florida Statutes

The 2021 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE
Chapter 1006
SUPPORT FOR LEARNING
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F.S. 1006.205
1006.205 Fairness in Women’s Sports Act.
(1) SHORT TITLE.This section may be cited as the “Fairness in Women’s Sports Act.”
(2) LEGISLATIVE INTENT AND FINDINGS.
(a) It is the intent of the Legislature to maintain opportunities for female athletes to demonstrate their strength, skills, and athletic abilities and to provide them with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that result from participating and competing in athletic endeavors.
(b) The Legislature finds that maintaining the fairness for women athletic opportunities is an important state interest. The Legislature finds that requiring the designation of separate sex-specific athletic teams or sports is necessary to maintain fairness for women’s athletic opportunities.
(3) DESIGNATION OF ATHLETIC TEAMS OR SPORTS.
(a) Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public secondary school or public postsecondary institution must be expressly designated as one of the following based on the biological sex at birth of team members:
1. Males, men, or boys;
2. Females, women, or girls; or
3. Coed or mixed, including both males and females.
(b) Athletic teams or sports designated for males, men, or boys may be open to students of the female sex.
(c) Athletic teams or sports designated for females, women, or girls may not be open to students of the male sex.
(d) For purposes of this section, a statement of a student’s biological sex on the student’s official birth certificate is considered to have correctly stated the student’s biological sex at birth if the statement was filed at or near the time of the student’s birth.
(4) CAUSE OF ACTION; CIVIL REMEDIES.
(a) Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school or public postsecondary institution.
(b) Any student who is subject to retaliation or other adverse action by a school, public postsecondary institution, or athletic association or organization as a result of reporting a violation of this section to an employee or representative of the school, institution, or athletic association or organization, or to any state or federal agency with oversight of schools or public postsecondary institutions in the state, shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school, institution, or athletic association or organization.
(c) Any school or public postsecondary institution that suffers any direct or indirect harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the governmental entity, licensing or accrediting organization, or athletic association or organization.
(d) All civil actions brought under this section must be initiated within 2 years after the alleged harm occurred. Persons or organizations who prevail on a claim brought under this section shall be entitled to monetary damages, including for any psychological, emotional, or physical harm suffered; reasonable attorney fees and costs; and any other appropriate relief.
History.s. 12, ch. 2021-35.