The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 1674
INTRODUCER: Fiscal Policy Committee and Senators Grall and Perry
SUBJECT: Facility Requirements Based on Sex
DATE: April 27, 2023 REVISED: 5.9.23
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Twogood RC Favorable
2. Kraemer Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1674 creates s. 553.865, F.S., the “Safety in Private Spaces Act,” and states the legislative
purpose and intent of the act as providing restrooms and changing facilities for exclusive use by
females or males, in order to maintain public safety, decency, and decorum.
As set out in the bill, covered entities are required to submit documentation regarding
compliance with minimum requirements for restrooms and changing facilities, if applicable.
Under the bill, if a covered entity maintains restrooms/changing rooms, the entity must have at a
minimum:
 Designated restrooms/changing facilities for exclusive use by females or by males; or
 Unisex restrooms/changing facilities that are intended for a single-occupant or a family and
enclosed by floor-to-ceiling walls and accessed by a full door with a secure lock that prevents
someone from entering while the changing facility is in use.
The entities subject to the requirements in the bill include correctional institutions, educational
institutions, certain juvenile correctional facilities and program facilities, and public buildings
owned by the state, a state agency, or a political subdivision (i.e., counties, cities, and certain
other districts in Florida).
The bill provides that beginning July 1, 2024, a person may submit a complaint to the Attorney
General alleging that a covered entity failed to meet the minimum requirements for restrooms
and changing facilities required by the act, and that failure to comply with the minimum
requirements for restrooms and changing facilities subjects a covered entity to licensure or
BILL: CS/SB 1674 Page 2
regulatory disciplinary action. The bill also authorizes other penalties, including actions against
covered entities by the Attorney General to enforce the act, to seek injunctive relief, and to seek
imposition of a fine in an amount up to $10,000.
The bill provides that accessing a restroom or changing facility designated for the opposite sex is
often necessary, and lists circumstances and conditions in which such access is authorized,
including situations involving comfort assistance or emergency medical help, and access by law
enforcement, regulatory authorities, and maintenance.
Under the bill, any person who willfully enters a restroom or changing facility designated for the
opposite sex on the premises of a covered entity for a purpose other than the authorized uses
listed in the bill, and refuses to depart when asked to do so by those persons authorized in the bill
to make such a request, commits the offense of trespass, with exclusions appropriate to the
covered entity.
The bill requires each type of covered entity to establish disciplinary procedures for its
employees, certain persons under its control, and other personnel described in the bill who
willfully enter a restroom or changing facility designated for the opposite sex on the premises of
the covered entity, for a purpose other than the authorized uses listed in the bill, and refuse to
depart when asked to do so by those persons authorized in the bill to make such a request.
The bill further requires each educational institution to establish in its code of student conduct
disciplinary procedures for any student who willfully enters a restroom or changing facility
designated for the opposite sex on the premises of the educational institution, for a purpose other
than the authorized uses listed in the bill, and refuses to depart when asked to do so by those
persons authorized in the bill to make such a request.
The bill does not apply to persons born with a medically verifiable genetic disorder of sexual
development under treatment by a physician, with specified conditions.
See Section V, Fiscal Impact Statement.
The bill is effective July 1, 2023.
II. Present Situation:
The Florida Building Code
The Florida Building Code (Building Code) is the unified building code applicable to the design,
construction, erection, alteration, modification, repair, or demolition of public or private
buildings, structures, and facilities in the state.1 The Building Code must be applied,
administered, and enforced uniformly and consistently throughout the state.2
1
See s. 553.72, F.S. Part IV of ch. 553, F.S., is cited as the “Florida Building Codes Act.” See s. 552.70, F.S. and the Florida
Building Code, 7th Edition, (Building Code) available at https://www.floridabuilding.org/bc/bc_default.aspx (last visited
Mar. 23, 2023).
2
See s. 553.72(1), F.S.
BILL: CS/SB 1674 Page 3
The Florida Building Commission (commission) adopts an updated building code every three
years through review of codes published by the International Code Council and the National Fire
Protection Association.3 The Building Code is updated every three years. The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.4
The next edition of the Building Code will take effect on December 31, 2023.
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Building Codes Act).
The purpose and intent of the Building Codes Act is to provide a mechanism for the uniform
adoption, updating, interpretation, and enforcement of a single, unified state building code. The
Building Code must be applied, administered, and enforced uniformly and consistently from
jurisdiction to jurisdiction.5 The Building Code is adopted, updated, interpreted, and maintained
by the commission, and is enforced by authorized state and local government agencies.6
The commission was statutorily created to implement the Building Code. The commission,
which is housed within the Department of Business and Professional Regulation (DBPR), is a
19-member technical body made up of design professionals, contractors, and government experts
in various disciplines covered by the Building Code. The commission reviews International
Codes published by the International Code Council,7 the National Electric Code, and other
nationally adopted model codes during its triennial update of the Building Code.8
Building Construction Standards for Public Restrooms
As directed by s. 553.86, F.S., the commission incorporated into the Florida Building Code, a
ratio of public restroom facilities for men and women for all buildings with public restrooms
newly constructed after September 30, 1992.9 The Building Code requires the plumbing fixtures
ratio for each fixture type to be applied to the occupant load of each sex in accordance with the
classification of the building space.10
Local Enforcement of the Florida Building Code; Issuance of Building Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and
3
See s. 553.73(7), F.S., which requires review of the International Building Code, the International Fuel Gas Code, the
International Existing Building Code, the International Mechanical Code, the International Plumbing Code, and the
International Residential Code, all of which are copyrighted and published by the International Code Council, and the
National Electrical Code, which is copyrighted and published by the National Fire Protection Association.
4
Id.
5
Section 553.72(1), F.S.
6
See s. 553.72(3), F.S.
7
The International Code Council (ICC) is an association that develops model codes and standards used in the design,
building, and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code
Council, About the ICC, available at https://www.iccsafe.org/about/who-we-are/ (last visited Mar. 23, 2023).
8
Sections 553.73, and 553.74, F.S.
9
The requirement does not apply to establishments licensed under ch. 509, F.S., if the establishment does not provide
meeting or banquet rooms accommodating more than 150 persons and has at least the same number of water closets for
women as the combined total of water closets and urinals for men. Id.
10
See ch. 4, Fixtures, Faucets and Fixture Fittings, https://codes.iccsafe.org/content/FLPC2020P1/chapter-4-fixtures-faucets-
and-fixture-fittings#FLPC2020P1_Ch04_Sec401, and the accompanying Minimum Plumbing Facilities Table 403.1
(last visited Mar. 23, 2023). See also ss. 403.1.1 (Fixture Calculations), 402.1.3 (Potty Parity), 403.2 (Separate Facilities),
and 403.3 (Required Public Toilet Facilities).
BILL: CS/SB 1674 Page 4
welfare.11 Every local government must enforce the Building Code and issue building permits.12
It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or
demolish any building without first obtaining a permit from the local government enforcing
agency or from such persons as may, by resolution or regulation, be directed to issue such
permit, upon the payment of reasonable fees as set forth in a schedule of fees adopted by the
enforcing agency.13
Any construction work that requires a building permit also requires plans and inspections to
ensure the work complies with the Building Code. The Building Code requires certain building,
electrical, plumbing, mechanical, and gas inspections.14 Construction work may not be done
beyond a certain point until it passes an inspection. Generally speaking, a permit for construction
work that passes the required inspections is considered completed or closed.15
Florida Accessibility Code for Building Construction
The 1993 Legislature created the Florida Americans with Disability Accessibility
Implementation Act (disability act)16 which incorporated the architectural accessibility
requirements of the Americans with Disabilities Act of 1990 and maintained existing provisions
of Florida law thought to be more stringent than the ADA accessibility guidelines.17
The disability act established the Florida Accessibility Code for Building Construction
(Accessibility Code).18 The law was amended in 2011 and its resulting requirements were
integrated into the Florida Building Code.19 The Accessibility Code contains scoping and
technical requirements for accessibility to sites, facilities, buildings, and elements by individuals
with disabilities. The requirements are to be applied during the design, construction, additions to,
and alteration of sites, facilities, buildings, and elements.20
Chapter six of the Accessibility Code regulates wheelchair accessible toilet compartments
including size, doors, approach, grab bars, and location within a restroom.21 Chapter three of the
Accessibility Code regulates reach ranges for building elements such as coat hooks, lockers, and
other operable parts of a building.22 Requirements include the height of forward reach, side
reach, and obstructed reach for persons in a wheelchair.23
11
Section 553.72, F.S.
12
Sections 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
13
Sections 125.56(4)(a) and 553.79(1), F.S.
14
See s. 110 of the Building code at https://www.floridabuilding.org/bc/bc_default.aspx (last visited Mar. 23, 2023).
15
See e.g., Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building
Department, Building Division, available at: http://discover.pbcgov.org/pzb/building/BuildingCodes/PBO-
126%20%E2%80%93%20Closing%20Inactive%20and%20Excluded%20Building%20Permits.pdf (last visited
Mar. 23, 2023).
16
Section 553.501, F.S.
17
See Preface to the 2020 Florida Building Code, Accessibility, 7th Edition.
18
Section 553.503, F.S.
19
Ch. 2011-222, Laws of Fla.
20
Section 101.1, 2020 Florida Building Code, Accessibility, 7th Edition.
21
Chapter 6: Plumbing Elements and Facilities, 2020 Florida Building Code, Accessibility, 7th Edition.
22
Chapter 3: Building Blocks, 2020 Florida Building Code, Accessibility, 7 th Edition.
23
Id.
BILL: CS/SB 1674 Page 5
III. Effect of Proposed Changes:
The bill creates s. 553.865, F.S., which provides the bill may be cited as the “Safety in Private
Spaces Act,” for the legislative purpose and intent of providing restrooms and changing facilities
for exclusive use by females or males, in order to maintain public safety, decency, and decorum.
Definitions
The following terms are defined in the bill:
 “Changing facility” is a room where two or more persons may be in a state of undress when
others are present, including, but not limited to, a dressing room, fitting room, locker room,
changing room, or shower room.
 “Correctional institution” means any state correctional institution as defined in
s. 944.02, F.S.24; private correctional facility as defined in s. 944.710, F.S.25; or other facility
used for the detention of adults charged with or convicted of a crime.
 “Covered entity” means any:
o Correctional institution as defined in the bill.
o Educational institution as defined in the bill.
o Juvenile correctional facility or juvenile prison as described in s. 985.465, F.S., any
detention center or facility designated by the Department of Juvenile Justice to provide
secure detention as defined in s. 985.03(18)(a), F.S., and any facility used for a residential
program as described in s. 985.03(44) (b), (c), or (d), F.S.; or
o Public building as defined in the bill.
 “Educational institution” means a K-12 educational institution or facility or a postsecondary
educational institution or facility.
 “Female” means a person belonging, at birth, to the biological sex which has the specific
reproductive role of producing eggs.
 “K-12 educational institution or facility” means:
o A school as defined in s. 1003.01(2), F.S., operated under the control of a district school
board as defined in s. 1003.01(1), F.S.;
o The Florida School for the Deaf and the Blind as described in ss. 1000.04(4) and
1002.36, F.S.;
o A developmental research (laboratory) school established pursuant to s. 1002.32(2), F.S.;
o A charter school authorized under s. 1002.33, F.S.; or
o A private school as defined in s. 1002.01(2).
 “Male” means a person belonging, at birth, to the biological sex which has the specific
reproductive role of producing sperm.
 “Postsecondary educational institution or facility” means:
o A state university as defined in s. 1000.21(6);
o A Florida College System institution as defined in s. 1000.21(3);
o A school district career center as described in s. 1001.44(3);
24
Section 944.02, F.S., defines “state correctional institution as “any prison, road camp, prison industry, prison forestry
camp, or any prison camp or prison farm or other correctional facility, temporary or permanent, in which prisoners are
housed, worked, or maintained, under the custody and jurisdiction of the [Department of Corrections].”
25
See s. 944.710(3) F.S, defining “private correctional facility” as any facility not operated by the Department of Corrections
(DOC) for the incarceration of adults or juveniles sentenced by a court and committed to the custody of the DOC.
BILL: CS/SB 1674 Page 6
o A college or university licensed by the Commission for Independent Education pursuant
to s. 1005.31(1)(a); or
o An institution not under the jurisdiction or purview of the commission as identified in s.
1005.06(1)(b)-(f).
 “Public building” means a building comfort-conditioned for occupancy which is owned or
leased by the state, a state agency, or a political subdivision. The term does not include a
correctional institution, an educational institution, a juvenile correctional facility or juvenile
prison as described in s. 985.465, F.S., a detention c