5.65 Bathrooms and Changing Facilities

I. Females and males will be provided restrooms and changing facilities for their exclusive use, respective to their sex, in order to maintain public safety, decency, decorum, and privacy, except as otherwise provided herein.

II. District restrooms shall be:

A. designated for exclusive use for females;

B. designated for exclusive use by males; or

C. unisex restrooms.

III. District changing facilities shall be:

A. designated for exclusive use for females;

B. designated for exclusive use by males; or

C. unisex changing facilities.

IV. Definitions:

A. “Changing facility” means 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, fitting room, locker room, changing room, or shower room.

B. “Female” means a person belonging, at birth, to the biological sex which has the specific reproductive role of producing eggs”

C. “Male” means a person belonging, at birth, to the biological sex which has the specific reproductive role of producing sperm.

D. “Restroom” means a room that contains one or more toilets or urinals.

E. “Sex” means the classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.

F. “Unisex changing facility” means a room intended for 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 is 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” means a room that includes one or more toilets or urinals and that is intended for 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.

V. A person may only enter a restroom or changing facility designated for the opposite sex under the following circumstances:

A. For custodial, maintenance or inspection purposes provided the restroom or changing facility is not in use; or

B. To render emergency medical assistance or to intervene in any other emergency situation where the health or safety of another person is at risk; or

C. For law enforcement or governmental regulatory purposes; or

D. To accompany a person of the opposite sex for the purpose of assisting or chaperoning a child under the age of 12, a person with a disability as defined in FS 760.22 or a developmental disability as defined in FS 393.063; or

E. If the appropriate designated restroom or changing facility is out of order or under repair and the restroom or changing facility designated for the opposite sex contains no person of the opposite sex.

VI. This policy shall not apply to an individual who is or who has been under treatment by a physician who, in his or her good faith clinical judgment, performs procedures upon or provides therapies to a minor born with a medically verifiable genetic disorder of sexual development, including any of the following:

A. External biological sex characteristics that are unresolvably ambiguous.

B. A disorder of sexual development in which the physician has determined through genetic or biometric 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 female, as applicable.

Statuary Authority

Law(s) Implemented

History

Notes

1001.41, 1001.42, F.S.

1001.43, 553.865 F.S.

ADOPTED: 

REVISION DATE(S):

FORMERLY:NEW