Bill requires separate male, female or unisex bathrooms

Published Mar. 28, 2023, 6:22 p.m. ET | Updated Mar. 28, 2023

Bathroom sign, Dec. 24, 2018. (Photo/Tim Mossholder)
Bathroom sign, Dec. 24, 2018. (Photo/Tim Mossholder)

TALLAHASSEES, Fla. (FLV) – A House committee passed a bill that requires private businesses and public entities provide separate bathrooms and changing facilities for females and males, or provide a unisex facility.

“The bill limits instances when a person may enter the restroom or changing facility designated for the opposite sex,” Rep. Rachel Plakon, R-Lake Mary, said.

“It’s about the safety and keeping decorum and safety for all Floridians. It’s not about one particular group.”

The bill passed the Regulatory Reform & Economic Development Subcommittee Tuesday.

It would prohibit someone 18 years or older from entering a restroom designated for the opposite sex. If that person refused to “immediately depart” when asked by another person in the restroom or changing facility, the person could face a second degree misdemeanor, according to the bill.

“Entering a woman’s restroom would not be the crime. The crime would take place if you were asked to leave, and then you refused to leave at that point,” Plakon said. “That’s when the crime would take place.”

“What happens next if they feel they’re supposed to be there?” Rep. Angie Nixon, D-Jacksonville, asked the bill sponsor.

“It depends on the person that questions them. They may or may not wish to call the police and if they do call the police, that would be up to the officer discretion, just like any crime now,” Plakon responded. “I mean, theyy could check a driver’s license or something along those lines.”

Plakon said that the business does not have to “be the police” in this bill.

With regards to schools, the district would establish disciplinary procedures for those younger than 18 years old who enters a restroom for the opposite sex, according to the bill.

It requires correctional institutions to house females and males in its custody separately and based on their sex.

An advocate with the Florida Family Policy Council said it provides “common sense” legislation and “public safety standards” for the state.

“This is not discriminating or targeting any individual group here in the state of Florida,” the advocate said. “Every single individual, whether straight, gay or lesbian deserves privacy and safety in restrooms, locker rooms and changing facilities.”

Jennifer Webb with Equality Florida said during public comment that the bill makes communities “less safe.”

“This bill makes our communities less safe and makes our restrooms less safe, our schools less safe and makes our restrooms less safe, and our businesses a little more vulnerable, and our trans community members much less safe,” Webb said. “It makes our restrooms a little less safe because the bill is quite vague in how it is to be implemented.”

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