Resolution 573-2023 RESOLUTION NO. 573 -2023
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, UPDATING THE PERSONNEL POLICIES AND PROCEDURES MANUAL:
ADDITION OF SECTION 1.10 SAFETY IN PRIVATE SPACES ACT
WHEREAS, Florida Legislature passed Chapter Law 2023-106, the Safety in Private
Spaces Act, effective July 1, 2023; and
WHEREAS, Chapter Law 2023-106, the Safety in Private Spaces Act, Subsection 11
states that the applicable governmental entity shall, for each public building under its
jurisdiction, establish disciplinary procedures for any employee of the governmental entity
who willfully enters, for a purpose other than those listed in Subsection 6, a restroom or
changing facility designated for the opposite sex at such public building and refuses to
depart when asked to do so by any other employee of the governmental entity; and
WHEREAS, Chapter Law 2023-106, the Safety in Private Spaces Act, Subsection
16 states that the applicable governing body of a county or municipality shall
establish policies to carry out this section and ensure compliance; and
WHEREAS, Monroe County wishes to add Section 1.10 Safety In Private Spaces Act to
Personnel Policies and Procedures Manual in order to establish a policy pertaining to the
Chapter Law 2023-106; and
WHEREAS,this Resolution will approve the requested changes to the Personnel Policies and
Procedures Manual that have been voted and approved by the Personnel Policies and
Procedures Committee on November 16, 2023; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
[Additions are shown with underline; deletions are shown with strikethrough.]
1. Section 1.10 SAFETY IN PRIVATE SPACES ACT
Employees shall at all times comply with the provisions of Section 553.865, Florida Statutes,
enacted by Chapter Law 2023-106, the Safety in Private Spaces Act. Any employee who
willfully enters a restroom or changing facility designated for the opposite sex will be subject
to discipline as outlined in Section 9 of the Personnel Policies and Procedures Manual, except
under one of the following conditions: (1)to accompany minor, elderly person, or person with
disability; (2)for law enforcement or government regulatory purposes; (3)to render emergency
medical assistance; (4)to clean or maintain, but only if the room is not in use; or (5)to use the
room if the room designated for the opposite gender is out of service and the room is not in use.
2. This change shall become effective December 13,2023.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County,Florida, at a regular meeting held on the 13'of December
2023.
Mayor Holly Merrill Raschein Yes
Mayor Pro Tern James K. Scholl Yes
Commissioner Craig Cates Yes
Commissioner Michelle Lincoln Yes
Commissioner David Rice Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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MAYOR HOLLY MERRILL RASHCEIN
ATTEST: KEVIN MADOK,CLERK Approved as to form and legal
sufficiency:
Monroe County Attorney's Office:
11-28-2023
AS DEPUTY CLERK
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