Florida Senate - 2022                                    SB 1230
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-01178-22                                           20221230__
    1                        A bill to be entitled                      
    2         An act relating to COVID-19 mandates; repealing ss.
    3         112.0441, 381.00317, 381.00318, and 381.00319, F.S.,
    4         relating to a prohibition on public employee COVID-19
    5         vaccination mandates, a prohibition on private
    6         employer COVID-19 vaccination mandates, a public
    7         records exemption for complaints and investigations
    8         regarding private employer COVID-19 vaccination
    9         mandates, and a prohibition on COVID-19 vaccination
   10         mandates for students, respectively; amending s.
   11         1002.20, F.S.; deleting a prohibition on certain
   12         facial covering and quarantine mandates in K-12
   13         schools; deleting a related right of action for
   14         parents and certain students; providing an effective
   15         date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 112.0441, Florida Statutes, is repealed.
   20         Section 2. Section 381.00317, Florida Statutes, is
   21  repealed.
   22         Section 3. Section 381.00318, Florida Statutes, is
   23  repealed.
   24         Section 4. Section 381.00319, Florida Statutes, is
   25  repealed.
   26         Section 5. Paragraph (n) of subsection (3) of section
   27  1002.20, Florida Statutes, is amended to read:
   28         1002.20 K-12 student and parent rights.—Parents of public
   29  school students must receive accurate and timely information
   30  regarding their child’s academic progress and must be informed
   31  of ways they can help their child to succeed in school. K-12
   32  students and their parents are afforded numerous statutory
   33  rights including, but not limited to, the following:
   34         (3) HEALTH ISSUES.—
   35         (n) Face covering mandates and quarantine mandates in
   36  response to COVID-19.
   37         1. A district school board, a district school
   38  superintendent, an elected or appointed local official, or any
   39  district school board employee may not:
   40         a. Require a student to wear a face mask, a face shield, or
   41  any other facial covering that fits over the mouth or nose.
   42  However, a parent, at the parent’s sole discretion, may allow
   43  his or her child to wear a face mask, a face shield, or any
   44  other facial covering that fits over the mouth or nose. This
   45  prohibition does not apply to safety equipment required as part
   46  of a course of study consistent with occupational or laboratory
   47  safety requirements.
   48         b. Prohibit a student from attending school or school
   49  sponsored activities, prohibit a student from being on school
   50  property, or subject a student to restrictions or disparate
   51  treatment, based on an exposure to COVID-19, so long as the
   52  student remains asymptomatic and has not received a positive
   53  test for COVID-19 as defined in s. 381.00317(1).
   54  
   55  A parent of a student, a student who is an emancipated minor, or
   56  a student who is 18 years of age or older may bring an action
   57  against the school district to obtain a declaratory judgment
   58  that an act or practice violates this subparagraph and to seek
   59  injunctive relief. A prevailing parent or student, as
   60  applicable, must be awarded reasonable attorney fees and court
   61  costs.
   62         2. A district school board, a district school
   63  superintendent, an elected or appointed local official, or any
   64  school district employee may not prohibit an employee from
   65  returning to work or subject an employee to restrictions or
   66  disparate treatment based on an exposure to COVID-19 so long as
   67  the employee remains asymptomatic and has not received a
   68  positive test for COVID-19 as defined in s. 381.00317(1).
   69         3. This paragraph expires June 1, 2023.
   70         Section 6. This act shall take effect upon becoming a law.