| 1 | A bill to be entitled |
| 2 | An act relating to immunization of children; amending s. |
| 3 | 402.305, F.S., relating to licensing standards for child |
| 4 | care facilities; providing an exemption from immunization |
| 5 | requirements for children whose parents have objected in |
| 6 | writing; amending s. 414.13, F.S.; providing for rules to |
| 7 | allow exceptions to the requirement that the child of an |
| 8 | applicant for temporary family assistance receive certain |
| 9 | immunizations; amending s. 1003.22, F.S.; providing an |
| 10 | exemption from immunization requirements for children |
| 11 | entering or attending a K-12 public or private school |
| 12 | whose parents have objected in writing; reenacting s. |
| 13 | 1002.20(3)(b), F.S., relating to K-12 student and parent |
| 14 | rights; providing that a vaccine used for immunizing a |
| 15 | minor in this state may not contain thimerosal or mercury; |
| 16 | providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Paragraph (c) of subsection (9) of section |
| 21 | 402.305, Florida Statutes, is amended to read: |
| 22 | 402.305 Licensing standards; child care facilities.-- |
| 23 | (9) ADMISSIONS AND RECORDKEEPING.-- |
| 24 | (c) Any child shall be exempt from medical or physical |
| 25 | examination, or medical or surgical treatment, or immunizations |
| 26 | upon written request of the parent or guardian of such child who |
| 27 | objects to the examination, and treatment, or immunization. |
| 28 | However, the laws, rules, and regulations relating to contagious |
| 29 | or communicable diseases and sanitary matters shall not be |
| 30 | violated because of any exemption from or variation of the |
| 31 | health and immunization minimum standards. |
| 32 | Section 2. Section 414.13, Florida Statutes, is amended to |
| 33 | read: |
| 34 | 414.13 Immunizations.--Each applicant who has a preschool |
| 35 | child must begin and complete appropriate childhood |
| 36 | immunizations for the child as a condition of eligibility. At |
| 37 | the time of application and redetermination of eligibility, the |
| 38 | department shall advise applicants and participants of the |
| 39 | availability of childhood immunizations through the county |
| 40 | health department. Each participant who has a preschool child |
| 41 | must verify compliance with the section. If a participant fails |
| 42 | to provide such verification, the child for whom such |
| 43 | verification is not provided shall be removed from consideration |
| 44 | for purposes of calculating the assistance available to the |
| 45 | family. If the child subject to this requirement is the only |
| 46 | child in the family, participation in the program shall be |
| 47 | terminated until verification of compliance is provided. The |
| 48 | department shall waive this requirement if the failure to |
| 49 | immunize the child is because of religious reasons or other good |
| 50 | cause or because the applicant or participant has received |
| 51 | information about immunizations and objects in writing to the |
| 52 | administration of immunizing agents, as defined in rules adopted |
| 53 | by the department. |
| 54 | Section 3. Paragraphs (a) and (d) of subsection (5) of |
| 55 | section 1003.22, Florida Statutes, are amended to read: |
| 56 | 1003.22 School-entry health examinations; immunization |
| 57 | against communicable diseases; exemptions; duties of Department |
| 58 | of Health.-- |
| 59 | (5) The provisions of this section shall not apply if: |
| 60 | (a) The parent of the child has received information about |
| 61 | immunizations and objects in writing to that the administration |
| 62 | of immunizing agents conflicts with his or her religious tenets |
| 63 | or practices; |
| 64 | (d) The Department of Health determines that, according to |
| 65 | recognized standards of medical practice, any required |
| 66 | immunization is unnecessary, or hazardous, or contains |
| 67 | thimerosal or mercury; or |
| 68 | Section 4. For the purpose of incorporating the amendment |
| 69 | to section 1003.22, Florida Statutes, in a reference thereto, |
| 70 | paragraph (b) of subsection (3) of section 1002.20, Florida |
| 71 | Statutes, is reenacted to read: |
| 72 | 1002.20 K-12 student and parent rights.--Parents of public |
| 73 | school students must receive accurate and timely information |
| 74 | regarding their child's academic progress and must be informed |
| 75 | of ways they can help their child to succeed in school. K-12 |
| 76 | students and their parents are afforded numerous statutory |
| 77 | rights including, but not limited to, the following: |
| 78 | (3) HEALTH ISSUES.-- |
| 79 | (b) Immunizations.--The parent of any child attending a |
| 80 | public or private school shall be exempt from the school |
| 81 | immunization requirements upon meeting any of the exemptions in |
| 82 | accordance with the provisions of s. 1003.22(5). |
| 83 | Section 5. A vaccine used for immunizing a minor in this |
| 84 | state may not contain thimerosal or mercury. |
| 85 | Section 6. This act shall take effect upon becoming a law. |