HB 1111

1
A bill to be entitled
2An act relating to immunization of children; amending s.
3402.305, F.S., relating to licensing standards for child
4care facilities; providing an exemption from immunization
5requirements for children whose parents have objected in
6writing; amending s. 414.13, F.S.; providing for rules to
7allow exceptions to the requirement that the child of an
8applicant for temporary family assistance receive certain
9immunizations; amending s. 1003.22, F.S.; providing an
10exemption from immunization requirements for children
11entering or attending a K-12 public or private school
12whose parents have objected in writing; reenacting s.
131002.20(3)(b), F.S., relating to K-12 student and parent
14rights; providing that a vaccine used for immunizing a
15minor in this state may not contain thimerosal or mercury;
16providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Paragraph (c) of subsection (9) of section
21402.305, 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
25examination, or medical or surgical treatment, or immunizations
26upon written request of the parent or guardian of such child who
27objects to the examination, and treatment, or immunization.
28However, the laws, rules, and regulations relating to contagious
29or communicable diseases and sanitary matters shall not be
30violated because of any exemption from or variation of the
31health and immunization minimum standards.
32     Section 2.  Section 414.13, Florida Statutes, is amended to
33read:
34     414.13  Immunizations.--Each applicant who has a preschool
35child must begin and complete appropriate childhood
36immunizations for the child as a condition of eligibility. At
37the time of application and redetermination of eligibility, the
38department shall advise applicants and participants of the
39availability of childhood immunizations through the county
40health department. Each participant who has a preschool child
41must verify compliance with the section. If a participant fails
42to provide such verification, the child for whom such
43verification is not provided shall be removed from consideration
44for purposes of calculating the assistance available to the
45family. If the child subject to this requirement is the only
46child in the family, participation in the program shall be
47terminated until verification of compliance is provided. The
48department shall waive this requirement if the failure to
49immunize the child is because of religious reasons or other good
50cause or because the applicant or participant has received
51information about immunizations and objects in writing to the
52administration of immunizing agents, as defined in rules adopted
53by the department.
54     Section 3.  Paragraphs (a) and (d) of subsection (5) of
55section 1003.22, Florida Statutes, are amended to read:
56     1003.22  School-entry health examinations; immunization
57against communicable diseases; exemptions; duties of Department
58of Health.--
59     (5)  The provisions of this section shall not apply if:
60     (a)  The parent of the child has received information about
61immunizations and objects in writing to that the administration
62of immunizing agents conflicts with his or her religious tenets
63or practices;
64     (d)  The Department of Health determines that, according to
65recognized standards of medical practice, any required
66immunization is unnecessary, or hazardous, or contains
67thimerosal or mercury; or
68     Section 4.  For the purpose of incorporating the amendment
69to section 1003.22, Florida Statutes, in a reference thereto,
70paragraph (b) of subsection (3) of section 1002.20, Florida
71Statutes, is reenacted to read:
72     1002.20  K-12 student and parent rights.--Parents of public
73school students must receive accurate and timely information
74regarding their child's academic progress and must be informed
75of ways they can help their child to succeed in school. K-12
76students and their parents are afforded numerous statutory
77rights including, but not limited to, the following:
78     (3)  HEALTH ISSUES.--
79     (b)  Immunizations.--The parent of any child attending a
80public or private school shall be exempt from the school
81immunization requirements upon meeting any of the exemptions in
82accordance with the provisions of s. 1003.22(5).
83     Section 5.  A vaccine used for immunizing a minor in this
84state may not contain thimerosal or mercury.
85     Section 6.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.