New Florida Bill Could Result in Jail Time and Fines for Transgender Individuals Who Use Wrong Restroom

Transgender individuals in Florida could face criminal charges and jail time if they do not use the bathrooms designated for their biological sex.

This is according to a new bill in the Florida legislature, which has passed a key Senate committee.

The bill (SB 1674), titled “Facility Requirements Based on Sex,” would create a misdemeanor offense for an adult who refuses to immediately leave a restroom or changing facility “designated for the opposite sex” when asked to do so by another person present there.

The penalties for non-compliance could include up to 60 days in jail or a $500 fine.

As per the bill text, the purpose of the legislation is to “maintain public safety, decency, and decorum.”

The bill also provides definitions for key terms, such as “changing facility,” “restroom,” “female,” and “male.”

The bill states that “sex” refers to the classification of a person as either female or male based on their biological sex assigned at birth.

The bill does provide some exceptions, such as allowing a person to enter a restroom or changing facility designated for the opposite sex if they are assisting a minor child, elderly person, or disabled person, or if the appropriately designated restroom or changing facility is out of order or under repair.

According to the bill, covered entities such as educational institutions, public accommodations, public shelter spaces, service providers, and health care facilities must have restrooms or changing facilities designated for exclusive use by females and males, or a unisex restroom or changing facility.

The bill also requires entities that receive state licenses to submit compliance documentation and authorizes the Attorney General to bring enforcement actions. Fines collected will be deposited in the General Revenue Fund.

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