Florida Senate - 2021 SB 364 By Senator Gruters 23-00698A-21 2021364__ 1 A bill to be entitled 2 An act relating to discrimination on the basis of 3 personal health information; creating s. 322.144, 4 F.S.; prohibiting business and governmental entities 5 that require individuals to present driver licenses 6 and identification cards for specified purposes from 7 taking certain actions on the basis of individuals’ 8 vaccination status and proof of immunity from any 9 virus; providing construction; creating s. 760.70, 10 F.S.; prohibiting public accommodations from 11 discriminating against individuals on the basis of 12 vaccination or immunity status; providing 13 construction; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 322.144, Florida Statutes, is created to 18 read: 19 322.144 Use of driver license or identification card in 20 connection with vaccination or immunity status prohibited.— 21 (1) A business entity or a governmental entity that 22 requires an individual to present a driver license or an 23 identification card for identification purposes or as proof of 24 driving or traveling privileges may not do any of the following: 25 (a) Connect an individual’s vaccination status or proof of 26 immunity from any virus to his or her driver license or 27 identification card records. 28 (b) Require an individual to receive a vaccination or 29 provide proof of immunity from any virus. 30 (c) Discriminate against, deny services or access for, or 31 otherwise penalize an individual for not receiving a vaccination 32 or providing proof of immunity from any virus. 33 (2) This section shall prevail over any conflicting 34 provisions in a general law, present or future, to the extent of 35 the conflict; but if any such general law contains a specific 36 exemption from this section, including a specific reference to 37 this section, such general law shall prevail, but only to the 38 extent of the exemption. 39 Section 2. Section 760.70, Florida Statutes, is created in 40 part III of chapter 760, Florida Statutes, to read: 41 760.70 Discrimination on the basis of vaccination or 42 immunity status prohibited.— 43 (1) A public accommodation may not discriminate against an 44 individual on the basis of his or her vaccination or immunity 45 status for any virus by doing any of the following: 46 (a) Providing any disposition, service, financial aid, or 47 benefit to an individual which is different from, or which is 48 provided in a different manner than, that provided to other 49 members of the general public. 50 (b) Subjecting an individual to segregation or separate 51 treatment in any matter related to his or her receipt of any 52 disposition, service, financial aid, or benefit provided to 53 other members of the general public. 54 (c) Restricting an individual in any way in the enjoyment 55 of any advantage or privilege enjoyed by others receiving any 56 disposition, service, financial aid, or benefit provided to 57 other members of the general public. 58 (d) Treating an individual differently from others in 59 determining whether he or she satisfies any admission, 60 enrollment, quota, eligibility, membership, or other requirement 61 or condition that individuals must meet in order to be provided 62 any disposition, service, financial aid, function, or benefit 63 available to other members of the general public. 64 (e) Denying an individual the opportunity to participate in 65 a program through the provision of service or otherwise afford 66 that individual an opportunity to do so which is different from 67 that afforded to other members of the general public. 68 (2) This section prevails over any conflicting provisions 69 in general law, present or future, to the extent of the 70 conflict; but if any such general law contains a specific 71 exemption from this section, including a specific reference to 72 this section, such general law prevails, but only to the extent 73 of the exemption. 74 Section 3. This act shall take effect July 1, 2021.