Florida Senate - 2023                                     SB 222
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00356A-23                                           2023222__
    1                        A bill to be entitled                      
    2         An act relating to protection of medical freedom;
    3         amending s. 381.003, F.S.; prohibiting the Department
    4         of Health from requiring enrollment in the state’s
    5         immunization registry or otherwise requiring persons
    6         to submit to immunization tracking; prohibiting the
    7         department from including a person’s immunization
    8         records in any interstate or federal immunization
    9         tracking system or otherwise giving an entity access
   10         to a person’s immunization records without first
   11         obtaining written informed consent from the person or
   12         person’s parent or guardian, as applicable; amending
   13         s. 381.00316, F.S.; prohibiting business and
   14         governmental entities from requiring individuals to
   15         provide proof of vaccination or postinfection recovery
   16         from any disease to gain access to, entry upon, or
   17         service from such entities; prohibiting educational
   18         institutions from requiring students or residents to
   19         provide proof of vaccination or postinfection recovery
   20         from any disease for attendance or enrollment or to
   21         gain access to, entry upon, or service from such
   22         entities; providing an exception; prohibiting health
   23         care providers from making the provision of any health
   24         care service contingent upon patients’ vaccination or
   25         postinfection recovery from any disease; creating s.
   26         448.077, F.S.; defining terms; prohibiting employers
   27         from refusing employment to, or discharging,
   28         disciplining, demoting, or otherwise discriminating
   29         against, an individual solely on the basis of
   30         vaccination or immunity status; creating a right of
   31         action for aggrieved individuals; providing for
   32         relief; creating ss. 626.9708, 627.6441, 627.6614, and
   33         641.31078, F.S.; defining the term “vaccination or
   34         immunity status”; specifying prohibited discriminatory
   35         practices in the provision of life and disability
   36         insurance policies, health insurance policies, group
   37         health insurance policies, and health maintenance
   38         contracts, respectively; providing construction;
   39         amending s. 760.01, F.S.; revising the purposes of the
   40         Florida Civil Rights Act of 1992 to include
   41         discrimination protection for vaccination or immunity
   42         status; reordering and amending s. 760.02, F.S.;
   43         defining the term “vaccination or immunity status”;
   44         amending s. 760.05, F.S.; revising the functions of
   45         the Florida Commission on Human Relations to conform
   46         to changes made by the act; amending s. 760.07, F.S.;
   47         revising provisions regarding remedies for unlawful
   48         discrimination to conform to changes made by the act;
   49         amending s. 760.08, F.S.; prohibiting places of public
   50         accommodation from discriminating on the basis of
   51         vaccination or immunity status; amending s. 760.10,
   52         F.S.; prohibiting employers from engaging in specified
   53         discriminatory employment practices on the basis of a
   54         person’s vaccination or immunity status; providing an
   55         exception; amending s. 760.22, F.S.; defining the term
   56         “vaccination or immunity status”; amending ss. 760.23,
   57         760.24, 760.25, and 760.26, F.S.; prohibiting
   58         discrimination on the basis of a person’s vaccination
   59         or immunity status in the sale or rental of housing,
   60         the provision of brokerage services, the financing of
   61         housing or residential real estate transactions, and
   62         land use decisions or permitting of development,
   63         respectively; amending s. 760.29, F.S.; revising an
   64         exemption from the Fair Housing Act regarding the
   65         appraisal of real property to conform to changes made
   66         by the act; amending s. 760.60, F.S.; prohibiting
   67         certain clubs from engaging in specified
   68         discriminatory practices on the basis of a person’s
   69         vaccination or immunity status; amending s. 1003.22,
   70         F.S.; prohibiting the department from requiring
   71         children to receive immunizations approved only for
   72         emergency use as a school-entry requirement; providing
   73         an effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Paragraph (e) of subsection (1) of section
   78  381.003, Florida Statutes, is amended to read:
   79         381.003 Communicable disease and AIDS prevention and
   80  control.—
   81         (1) The department shall conduct a communicable disease
   82  prevention and control program as part of fulfilling its public
   83  health mission. A communicable disease is any disease caused by
   84  transmission of a specific infectious agent, or its toxic
   85  products, from an infected person, an infected animal, or the
   86  environment to a susceptible host, either directly or
   87  indirectly. The communicable disease program must include, but
   88  need not be limited to:
   89         (e) Programs for the prevention and control of vaccine
   90  preventable diseases, including programs to immunize school
   91  children as required by s. 1003.22(3)-(11) and the development
   92  of an automated, electronic, and centralized database and
   93  registry of immunizations. The department may not require
   94  enrollment in the immunization registry or otherwise require
   95  persons to submit to any form of immunization tracking. The
   96  department shall ensure that all children in this state are
   97  immunized against vaccine-preventable diseases. The immunization
   98  registry must allow the department to enhance current
   99  immunization activities for the purpose of improving the
  100  immunization of all children in this state.
  101         1. Except as provided in subparagraph 2., the department
  102  shall include all children born in this state in the
  103  immunization registry by using the birth records from the Office
  104  of Vital Statistics. The department shall add other children to
  105  the registry as immunization services are provided.
  106         2. The parent or guardian of a child may refuse to have the
  107  child included in the immunization registry by signing a form
  108  obtained from the department, or from the health care
  109  practitioner or entity that provides the immunization, which
  110  indicates that the parent or guardian does not wish to have the
  111  child included in the immunization registry. Each consent to
  112  treatment form provided by a health care practitioner or by an
  113  entity that administers vaccinations or causes vaccinations to
  114  be administered to children from birth through 17 years of age
  115  must contain a notice stating that the parent or guardian of a
  116  child may refuse to have his or her child included in the
  117  immunization registry. The parent or guardian may either submit
  118  the opt-out form directly to the department or must provide it
  119  such opt-out form to the health care practitioner or entity upon
  120  administration of the vaccination. Such health care practitioner
  121  or entity shall submit the form to the department. If a parent
  122  or guardian has refused to have his or her child included in the
  123  immunization registry, A parent or guardian may submit the opt
  124  out form directly to the department. any records or identifying
  125  information pertaining to the child must shall be removed from
  126  the registry, if the parent or guardian has refused to have his
  127  or her child included in the immunization registry.
  128         3. A college or university student, from 18 years of age to
  129  23 years of age, who obtains a vaccination from a college or
  130  university student health center or clinic in this the state may
  131  refuse to be included in the immunization registry by signing a
  132  form obtained from the department, health center, or clinic
  133  which indicates that the student does not wish to be included in
  134  the immunization registry. The student may either submit the
  135  form directly to the department or must provide it such opt-out
  136  form to the health center or clinic upon administration of the
  137  immunization vaccination. Such health center or clinic shall
  138  submit the form to the department. If the student has refused to
  139  be included in the immunization registry, A student may submit
  140  the opt-out form directly to the department. any records or
  141  identifying information pertaining to the student must shall be
  142  removed from the registry if the student has refused to be
  143  included in the immunization registry.
  144         4. The immunization registry shall allow for immunization
  145  records to be electronically available to entities that are
  146  required by law to have such records, including, but not limited
  147  to, schools and licensed child care facilities. However, the
  148  department may not include a person’s immunization records in
  149  any interstate or federal immunization tracking system or
  150  otherwise allow an entity not required by law to have such
  151  records without first obtaining written informed consent from
  152  the person or the person’s parent or guardian, if the person is
  153  a minor, to release the immunization records for such purpose.
  154         5. A health care practitioner licensed under chapter 458,
  155  chapter 459, or chapter 464 in this state who administers
  156  vaccinations or causes vaccinations to be administered to
  157  children from birth through 17 years of age is required to
  158  report vaccination data to the immunization registry, unless a
  159  parent or guardian of a child has refused to have the child
  160  included in the immunization registry by meeting the
  161  requirements of subparagraph 2. A health care practitioner
  162  licensed under chapter 458, chapter 459, or chapter 464 in this
  163  state who administers vaccinations or causes vaccinations to be
  164  administered to college or university students from 18 years of
  165  age to 23 years of age at a college or university student health
  166  center or clinic is required to report vaccination data to the
  167  immunization registry, unless the student has refused to be
  168  included in the immunization registry by meeting the
  169  requirements of subparagraph 3. Vaccination data for students in
  170  other age ranges may be submitted to the immunization registry
  171  only if the student consents to inclusion in the immunization
  172  registry. The upload of data from existing automated systems is
  173  an acceptable method for updating immunization information in
  174  the immunization registry. The information in the immunization
  175  registry must include the child’s name, date of birth, address,
  176  and any other unique identifier necessary to correctly identify
  177  the child; the immunization record, including the date, type of
  178  administered vaccine, and vaccine lot number; and the presence
  179  or absence of any adverse reaction or contraindication related
  180  to the immunization. Information received by the department for
  181  the immunization registry retains its status as confidential
  182  medical information and the department must maintain the
  183  confidentiality of that information as otherwise required by
  184  law. A health care practitioner or other agency that obtains
  185  information from the immunization registry must maintain the
  186  confidentiality of any medical records in accordance with s.
  187  456.057 or as otherwise required by law.
  188         Section 2. Section 381.00316, Florida Statutes, is amended
  189  to read:
  190         381.00316 COVID-19 Vaccine documentation.—
  191         (1) A business entity, as defined in s. 768.38 to include
  192  any business operating in this state, may not require patrons or
  193  customers to provide any documentation certifying COVID-19
  194  vaccination or postinfection recovery from any disease to gain
  195  access to, entry upon, or service from the business operations
  196  in this state. This subsection does not otherwise restrict
  197  businesses from instituting screening protocols consistent with
  198  authoritative or controlling government-issued guidance to
  199  protect public health.
  200         (2) A governmental entity as defined in s. 768.38 may not
  201  require persons to provide any documentation certifying COVID-19
  202  vaccination or postinfection recovery from any disease to gain
  203  access to, entry upon, or service from the governmental entity’s
  204  operations in this state. This subsection does not otherwise
  205  restrict governmental entities from instituting screening
  206  protocols consistent with authoritative or controlling
  207  government-issued guidance to protect public health.
  208         (3) An educational institution as defined in s. 768.38 may
  209  not require students or residents to provide any documentation
  210  certifying COVID-19 vaccination or postinfection recovery from
  211  any disease for attendance or enrollment, or to gain access to,
  212  entry upon, or service from such educational institution in this
  213  state. This subsection does not otherwise restrict educational
  214  institutions from instituting screening protocols consistent
  215  with authoritative or controlling government-issued guidance to
  216  protect public health. This subsection does not apply to
  217  immunizations required by s. 1003.22(3).
  218         (4) The department may impose a fine not to exceed $5,000
  219  per violation.
  220         (5) This section does not apply to a health care provider
  221  as defined in s. 768.38; a service provider licensed or
  222  certified under s. 393.17, part III of chapter 401, or part IV
  223  of chapter 468; or a provider with an active health care clinic
  224  exemption under s. 400.9935. However, such providers may not
  225  make the provision of any health care services contingent upon a
  226  patient receiving or having received a particular vaccine or
  227  having recovered from infection from a particular disease.
  228         (6) The department may adopt rules pursuant to ss. 120.536
  229  and 120.54 to implement this section.
  230         Section 3. Section 448.077, Florida Statutes, is created to
  231  read:
  232         448.077Employment discrimination on the basis of
  233  vaccination or immunity status prohibited.—
  234         (1)As used in this section, the term:
  235         (a)“Employee” means any individual who performs services
  236  for and under the direction and control of an employer for wages
  237  or other remuneration. The term includes independent
  238  contractors.
  239         (b)“Employer” means any individual, firm, partnership,
  240  institution, corporation, or association that employs two or
  241  more employees. The term includes governmental entities as
  242  defined in s. 768.38.
  243         (c)“Vaccination or immunity status,” with respect to an
  244  individual, means whether he or she has been administered a
  245  vaccine for or is otherwise immune to a particular disease.
  246         (2)It is an unlawful employment practice for an employer
  247  to refuse to employ an individual, or to discharge, discipline,
  248  demote, or otherwise discriminate against an employee with
  249  respect to wages or terms, conditions, or privileges of
  250  employment, based on the individual’s vaccination or immunity
  251  status.
  252         (3) An individual who is refused employment or
  253  discriminated against on the basis of vaccination or immunity
  254  status in violation of this section may file a civil action in a
  255  court of competent jurisdiction for relief as set forth in
  256  subsection (4).
  257         (4) In any action brought pursuant to subsection (3), the
  258  court may order any of the following relief, as applicable:
  259         (a) An injunction restraining continued violation of this
  260  section.
  261         (b) Employment or reinstatement of the employee to the same
  262  position applied for or held, as applicable, before the
  263  violation occurred or to an equivalent position.
  264         (c) Compensation for lost wages, benefits, and other
  265  remuneration.
  266         (d)Reasonable attorney fees.
  267         (e) Any other relief the court deems appropriate.
  268         Section 4. Section 626.9708, Florida Statutes, is created
  269  to read:
  270         626.9708 Discrimination on the basis of vaccination or
  271  immunity status prohibited.—
  272         (1)As used in this section, the term “vaccination or
  273  immunity status,” with respect to an individual, means whether
  274  he or she has been administered a vaccine for or is otherwise
  275  immune to a particular disease.
  276         (2)An insurer authorized to transact insurance in this
  277  state may not do any of the following:
  278         (a)Require proof of vaccination or immunity status for any
  279  disease from an applicant or a policyholder.
  280         (b)Refuse to issue or renew any policy of life insurance
  281  or disability insurance solely on the basis of the applicant’s
  282  or policyholder’s vaccination or immunity status.
  283         (c)Impose a higher premium rate or charge or otherwise
  284  discriminate in coverage in a life insurance policy or
  285  disability insurance policy solely on the basis of the
  286  applicant’s or policyholder’s vaccination or immunity status.
  287         (3)This section may not be construed to require an insurer
  288  to provide insurance coverage for a medical condition that the
  289  applicant or policyholder has already sustained.
  290         Section 5. Section 627.6441, Florida Statutes, is created
  291  to read:
  292         627.6441 Discrimination on the basis of vaccination or
  293  immunity status prohibited.—
  294         (1)As used in this section, the term “vaccination or
  295  immunity status,” with respect to an individual, means whether
  296  he or she has been administered a vaccine for or is otherwise
  297  immune to a particular disease.
  298         (2)A health insurer may not do any of the following:
  299         (a)Require proof of vaccination or immunity status for any
  300  disease from an applicant or a policyholder.
  301         (b)Refuse to issue or renew a health insurance policy
  302  solely on the basis of the applicant’s or policyholder’s
  303  vaccination or immunity status.
  304         (c)Impose a higher premium rate or charge or otherwise
  305  discriminate in the coverage of care in a health insurance
  306  policy solely on the basis of the applicant’s or policyholder’s
  307  vaccination or immunity status.
  308         (3)This section may not be construed to require a health
  309  insurer to provide coverage for a medical condition that the
  310  applicant or policyholder has already sustained.
  311         Section 6. Section 627.6614, Florida Statutes, is created
  312  to read:
  313         627.6614 Discrimination on the basis of vaccination or
  314  immunity status prohibited.—
  315         (1)As used in this section, the term “vaccination or
  316  immunity status,” with respect to an individual, means whether
  317  he or she has been administered a vaccine for or is otherwise
  318  immune to a particular disease.
  319         (2)An insurer offering coverage under a group, blanket, or
  320  franchise health insurance policy in this state may not do any
  321  of the following:
  322         (a)Require proof of vaccination or immunity status for any
  323  disease from an applicant or a policyholder.
  324         (b)Refuse to issue or renew a health insurance policy
  325  solely on the basis of the applicant’s or policyholder’s
  326  vaccination or immunity status.
  327         (c)Impose a higher premium rate or charge or otherwise
  328  discriminate in the coverage of care in a health insurance
  329  policy solely on the basis of the applicant’s or policyholder’s
  330  vaccination or immunity status.
  331         (3)This section may not be construed to require an insurer
  332  to provide coverage for a medical condition that the applicant
  333  or policyholder has already sustained.
  334         Section 7. Section 641.31078, Florida Statutes, is created
  335  to read:
  336         641.31078 Discrimination on the basis of vaccination or
  337  immunity status prohibited.—
  338         (1)As used in this section, the term “vaccination or
  339  immunity status,” with respect to an individual, means whether
  340  he or she has been administered a vaccine for or is otherwise
  341  immune to a particular disease.
  342         (2)A health maintenance organization providing coverage
  343  under a health maintenance contract in this state may not do any
  344  of the following:
  345         (a)Require proof of vaccination or immunity status for any
  346  disease from an applicant or a subscriber.
  347         (b)Refuse to issue or renew a health maintenance contract
  348  solely on the basis of the applicant’s or subscriber’s
  349  vaccination or immunity status.
  350         (c)Impose a higher premium rate or charge or otherwise
  351  discriminate in the coverage of care in a health maintenance
  352  contract solely on the basis of the applicant’s or subscriber’s
  353  vaccination or immunity status.
  354         (3)This section may not be construed to require a health
  355  maintenance organization to provide coverage for a medical
  356  condition that the applicant or subscriber has already
  357  sustained.
  358         Section 8. Subsection (2) of section 760.01, Florida
  359  Statutes, is amended to read:
  360         760.01 Purposes; construction; title.—
  361         (2) The general purposes of the Florida Civil Rights Act of
  362  1992 are to secure for all individuals within this the state
  363  freedom from discrimination because of race, color, religion,
  364  sex, pregnancy, national origin, age, handicap, vaccination or
  365  immunity status, or marital status and thereby to protect their
  366  interest in personal dignity, to make available to the state
  367  their full productive capacities, to secure this the state
  368  against domestic strife and unrest, to preserve the public
  369  safety, health, and general welfare, and to promote the
  370  interests, rights, and privileges of individuals within this the
  371  state.
  372         Section 9. Section 760.02, Florida Statutes, is reordered
  373  and amended to read:
  374         760.02 Definitions.—For the purposes of ss. 760.01-760.11
  375  and 509.092, the term:
  376         (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
  377  760.11 and 509.092.
  378         (2) “Commission” means the Florida Commission on Human
  379  Relations created by s. 760.03.
  380         (3) “Commissioner” or “member” means a member of the
  381  commission.
  382         (4) “Discriminatory practice” means any practice made
  383  unlawful by the Florida Civil Rights Act of 1992.
  384         (9)(5) “National origin” includes ancestry.
  385         (10)(6) “Person” includes an individual, association,
  386  corporation, joint apprenticeship committee, joint-stock
  387  company, labor union, legal representative, mutual company,
  388  partnership, receiver, trust, trustee in bankruptcy, or
  389  unincorporated organization; any other legal or commercial
  390  entity; the state; or any governmental entity or agency.
  391         (5)(7) “Employer” means any person employing 15 or more
  392  employees for each working day in each of 20 or more calendar
  393  weeks in the current or preceding calendar year, and any agent
  394  of such a person.
  395         (6)(8) “Employment agency” means any person regularly
  396  undertaking, with or without compensation, to procure employees
  397  for an employer or to procure for employees opportunities to
  398  work for an employer, and includes an agent of such a person.
  399         (8)(9) “Labor organization” means any organization which
  400  exists for the purpose, in whole or in part, of collective
  401  bargaining or of dealing with employers concerning grievances,
  402  terms or conditions of employment, or other mutual aid or
  403  protection in connection with employment.
  404         (1)(10) “Aggrieved person” means any person who files a
  405  complaint with the Human Relations Commission.
  406         (11) “Public accommodations” means places of public
  407  accommodation, lodgings, facilities principally engaged in
  408  selling food for consumption on the premises, gasoline stations,
  409  places of exhibition or entertainment, and other covered
  410  establishments. Each of the following establishments which
  411  serves the public is a place of public accommodation within the
  412  meaning of this section:
  413         (a) Any inn, hotel, motel, or other establishment which
  414  provides lodging to transient guests, other than an
  415  establishment located within a building which contains not more
  416  than four rooms for rent or hire and which is actually occupied
  417  by the proprietor of such establishment as his or her residence.
  418         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
  419  soda fountain, or other facility principally engaged in selling
  420  food for consumption on the premises, including, but not limited
  421  to, any such facility located on the premises of any retail
  422  establishment, or any gasoline station.
  423         (c) Any motion picture theater, theater, concert hall,
  424  sports arena, stadium, or other place of exhibition or
  425  entertainment.
  426         (d) Any establishment which is physically located within
  427  the premises of any establishment otherwise covered by this
  428  subsection, or within the premises of which is physically
  429  located any such covered establishment, and which holds itself
  430  out as serving patrons of such covered establishment.
  431         (12)“Vaccination or immunity status,” with respect to an
  432  individual, means whether he or she has been administered a
  433  vaccination for or is otherwise immune to a particular disease.
  434         Section 10. Section 760.05, Florida Statutes, is amended to
  435  read:
  436         760.05 Functions of the commission.—The commission shall
  437  promote and encourage fair treatment and equal opportunity for
  438  all persons regardless of race, color, religion, sex, pregnancy,
  439  national origin, age, handicap, vaccination or immunity status,
  440  or marital status and mutual understanding and respect among all
  441  members of all economic, social, racial, religious, and ethnic
  442  groups; and shall endeavor to eliminate discrimination against,
  443  and antagonism between, religious, racial, and ethnic groups and
  444  their members.
  445         Section 11. Section 760.07, Florida Statutes, is amended to
  446  read:
  447         760.07 Remedies for unlawful discrimination.—Any violation
  448  of any Florida statute that makes unlawful discrimination
  449  because of race, color, religion, gender, pregnancy, national
  450  origin, age, handicap, vaccination or immunity status, or
  451  marital status in the areas of education, employment, or public
  452  accommodations gives rise to a cause of action for all relief
  453  and damages described in s. 760.11(5), unless greater damages
  454  are expressly provided for. If the statute prohibiting unlawful
  455  discrimination provides an administrative remedy, the action for
  456  equitable relief and damages provided for in this section may be
  457  initiated only after the plaintiff has exhausted his or her
  458  administrative remedy. The term “public accommodations” does not
  459  include lodge halls or other similar facilities of private
  460  organizations which are made available for public use
  461  occasionally or periodically. The right to trial by jury is
  462  preserved in any case in which the plaintiff is seeking actual
  463  or punitive damages.
  464         Section 12. Section 760.08, Florida Statutes, is amended to
  465  read:
  466         760.08 Discrimination in places of public accommodation.
  467  All persons are entitled to the full and equal enjoyment of the
  468  goods, services, facilities, privileges, advantages, and
  469  accommodations of any place of public accommodation without
  470  discrimination or segregation on the ground of race, color,
  471  national origin, sex, pregnancy, handicap, vaccination or
  472  immunity status, familial status, or religion.
  473         Section 13. Subsections (1) and (2), paragraphs (a) and (b)
  474  of subsection (3), subsections (4), (5), and (6), and paragraph
  475  (a) of subsection (9) of section 760.10, Florida Statutes, are
  476  amended to read:
  477         760.10 Unlawful employment practices.—
  478         (1) It is an unlawful employment practice for an employer:
  479         (a) To discharge or to fail or refuse to hire any
  480  individual, or otherwise to discriminate against any individual
  481  with respect to compensation, terms, conditions, or privileges
  482  of employment, because of such individual’s race, color,
  483  religion, sex, pregnancy, national origin, age, handicap,
  484  vaccination or immunity status, or marital status.
  485         (b) To limit, segregate, or classify employees or
  486  applicants for employment in any way which would deprive or tend
  487  to deprive any individual of employment opportunities, or
  488  adversely affect any individual’s status as an employee, because
  489  of such individual’s race, color, religion, sex, pregnancy,
  490  national origin, age, handicap, vaccination or immunity status,
  491  or marital status.
  492         (2) It is an unlawful employment practice for an employment
  493  agency to fail or refuse to refer for employment, or otherwise
  494  to discriminate against, any individual because of race, color,
  495  religion, sex, pregnancy, national origin, age, handicap,
  496  vaccination or immunity status, or marital status or to classify
  497  or refer for employment any individual on the basis of race,
  498  color, religion, sex, pregnancy, national origin, age, handicap,
  499  vaccination or immunity status, or marital status.
  500         (3) It is an unlawful employment practice for a labor
  501  organization:
  502         (a) To exclude or to expel from its membership, or
  503  otherwise to discriminate against, any individual because of
  504  race, color, religion, sex, pregnancy, national origin, age,
  505  handicap, vaccination or immunity status, or marital status.
  506         (b) To limit, segregate, or classify its membership or
  507  applicants for membership, or to classify or fail or refuse to
  508  refer for employment any individual, in any way that would
  509  deprive or tend to deprive any individual of employment
  510  opportunities, or adversely affect any individual’s status as an
  511  employee or as an applicant for employment, because of such
  512  individual’s race, color, religion, sex, pregnancy, national
  513  origin, age, handicap, vaccination or immunity status, or
  514  marital status.
  515         (4) It is an unlawful employment practice for any employer,
  516  labor organization, or joint labor-management committee
  517  controlling apprenticeship or other training or retraining,
  518  including on-the-job training programs, to discriminate against
  519  any individual because of race, color, religion, sex, pregnancy,
  520  national origin, age, handicap, vaccination or immunity status,
  521  or marital status in admission to, or employment in, any program
  522  established to provide apprenticeship or other training.
  523         (5) Whenever, in order to engage in a profession,
  524  occupation, or trade, it is required that a person receive a
  525  license, certification, or other credential, become a member or
  526  an associate of any club, association, or other organization, or
  527  pass any examination, it is an unlawful employment practice for
  528  any person to discriminate against any other person seeking such
  529  license, certification, or other credential, seeking to become a
  530  member or associate of such club, association, or other
  531  organization, or seeking to take or pass such examination,
  532  because of such other person’s race, color, religion, sex,
  533  pregnancy, national origin, age, handicap, vaccination or
  534  immunity status, or marital status.
  535         (6) It is an unlawful employment practice for an employer,
  536  labor organization, employment agency, or joint labor-management
  537  committee to print, or cause to be printed or published, any
  538  notice or advertisement relating to employment, membership,
  539  classification, referral for employment, or apprenticeship or
  540  other training, indicating any preference, limitation,
  541  specification, or discrimination, based on race, color,
  542  religion, sex, pregnancy, national origin, age, absence of
  543  handicap, vaccination or immunity status, or marital status.
  544         (9) Notwithstanding any other provision of this section, it
  545  is not an unlawful employment practice under ss. 760.01-760.10
  546  for an employer, employment agency, labor organization, or joint
  547  labor-management committee to:
  548         (a) Take or fail to take any action on the basis of
  549  religion, sex, pregnancy, national origin, age, handicap,
  550  vaccination or immunity status, or marital status in those
  551  certain instances in which religion, sex, condition of
  552  pregnancy, national origin, age, absence of a particular
  553  handicap, vaccination or immunity status, or marital status is a
  554  bona fide occupational qualification reasonably necessary for
  555  the performance of the particular employment to which such
  556  action or inaction is related.
  557         Section 14. Subsection (11) is added to section 760.22,
  558  Florida Statutes, to read:
  559         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  560         (11) “Vaccination or immunity status,” with respect to an
  561  individual, means whether he or she has been administered a
  562  vaccination for or is otherwise immune to a particular disease.
  563         Section 15. Subsections (1) through (5) of section 760.23,
  564  Florida Statutes, are amended to read:
  565         760.23 Discrimination in the sale or rental of housing and
  566  other prohibited practices.—
  567         (1) It is unlawful to refuse to sell or rent after the
  568  making of a bona fide offer, to refuse to negotiate for the sale
  569  or rental of, or otherwise to make unavailable or deny a
  570  dwelling to any person because of race, color, national origin,
  571  sex, disability, vaccination or immunity status, familial
  572  status, or religion.
  573         (2) It is unlawful to discriminate against any person in
  574  the terms, conditions, or privileges of sale or rental of a
  575  dwelling, or in the provision of services or facilities in
  576  connection therewith, because of race, color, national origin,
  577  sex, disability, vaccination or immunity status, familial
  578  status, or religion.
  579         (3) It is unlawful to make, print, or publish, or cause to
  580  be made, printed, or published, any notice, statement, or
  581  advertisement with respect to the sale or rental of a dwelling
  582  that indicates any preference, limitation, or discrimination
  583  based on race, color, national origin, sex, disability,
  584  vaccination or immunity status, familial status, or religion or
  585  an intention to make any such preference, limitation, or
  586  discrimination.
  587         (4) It is unlawful to represent to any person because of
  588  race, color, national origin, sex, disability, vaccination or
  589  immunity status, familial status, or religion that any dwelling
  590  is not available for inspection, sale, or rental when such
  591  dwelling is in fact so available.
  592         (5) It is unlawful, for profit, to induce or attempt to
  593  induce any person to sell or rent any dwelling by a
  594  representation regarding the entry or prospective entry into the
  595  neighborhood of a person or persons of a particular race, color,
  596  national origin, sex, disability, vaccination or immunity
  597  status, familial status, or religion.
  598         Section 16. Section 760.24, Florida Statutes, is amended to
  599  read:
  600         760.24 Discrimination in the provision of brokerage
  601  services.—It is unlawful to deny any person access to, or
  602  membership or participation in, any multiple-listing service,
  603  real estate brokers’ organization, or other service,
  604  organization, or facility relating to the business of selling or
  605  renting dwellings, or to discriminate against him or her in the
  606  terms or conditions of such access, membership, or
  607  participation, on account of race, color, national origin, sex,
  608  disability, vaccination or immunity status, familial status, or
  609  religion.
  610         Section 17. Subsection (1) and paragraph (a) of subsection
  611  (2) of section 760.25, Florida Statutes, are amended to read:
  612         760.25 Discrimination in the financing of housing or in
  613  residential real estate transactions.—
  614         (1) It is unlawful for any bank, building and loan
  615  association, insurance company, or other corporation,
  616  association, firm, or enterprise the business of which consists
  617  in whole or in part of the making of commercial real estate
  618  loans to deny a loan or other financial assistance to a person
  619  applying for the loan for the purpose of purchasing,
  620  constructing, improving, repairing, or maintaining a dwelling,
  621  or to discriminate against him or her in the fixing of the
  622  amount, interest rate, duration, or other term or condition of
  623  such loan or other financial assistance, because of the race,
  624  color, national origin, sex, disability, vaccination or immunity
  625  status, familial status, or religion of such person or of any
  626  person associated with him or her in connection with such loan
  627  or other financial assistance or the purposes of such loan or
  628  other financial assistance, or because of the race, color,
  629  national origin, sex, disability, vaccination or immunity
  630  status, familial status, or religion of the present or
  631  prospective owners, lessees, tenants, or occupants of the
  632  dwelling or dwellings in relation to which such loan or other
  633  financial assistance is to be made or given.
  634         (2)(a) It is unlawful for any person or entity whose
  635  business includes engaging in residential real estate
  636  transactions to discriminate against any person in making
  637  available such a transaction, or in the terms or conditions of
  638  such a transaction, because of race, color, national origin,
  639  sex, disability, vaccination or immunity status, familial
  640  status, or religion.
  641         Section 18. Section 760.26, Florida Statutes, is amended to
  642  read:
  643         760.26 Prohibited discrimination in land use decisions and
  644  in permitting of development.—It is unlawful to discriminate in
  645  land use decisions or in the permitting of development based on
  646  race, color, national origin, sex, disability, vaccination or
  647  immunity status, familial status, religion, or, except as
  648  otherwise provided by law, the source of financing of a
  649  development or proposed development.
  650         Section 19. Paragraph (a) of subsection (5) of section
  651  760.29, Florida Statutes, is amended to read:
  652         760.29 Exemptions.—
  653         (5) Nothing in ss. 760.20-760.37:
  654         (a) Prohibits a person engaged in the business of
  655  furnishing appraisals of real property from taking into
  656  consideration factors other than race, color, national origin,
  657  sex, disability, vaccination or immunity status, familial
  658  status, or religion.
  659         Section 20. Subsection (1) of section 760.60, Florida
  660  Statutes, is amended to read:
  661         760.60 Discriminatory practices of certain clubs
  662  prohibited; remedies.—
  663         (1) It is unlawful for a person to discriminate against any
  664  individual because of race, color, religion, gender, national
  665  origin, handicap, vaccination or immunity status, age above the
  666  age of 21, or marital status in evaluating an application for
  667  membership in a club that has more than 400 members, that
  668  provides regular meal service, and that regularly receives
  669  payment for dues, fees, use of space, facilities, services,
  670  meals, or beverages directly or indirectly from nonmembers for
  671  business purposes. It is unlawful for a person, on behalf of
  672  such a club, to publish, circulate, issue, display, post, or
  673  mail any advertisement, notice, or solicitation that contains a
  674  statement to the effect that the accommodations, advantages,
  675  facilities, membership, or privileges of the club are denied to
  676  any individual because of race, color, religion, gender,
  677  national origin, handicap, vaccination or immunity status, age
  678  above the age of 21, or marital status. This subsection does not
  679  apply to fraternal or benevolent organizations, ethnic clubs, or
  680  religious organizations where business activity is not
  681  prevalent.
  682         Section 21. Subsection (3) of section 1003.22, Florida
  683  Statutes, is amended to read:
  684         1003.22 School-entry health examinations; immunization
  685  against communicable diseases; exemptions; duties of Department
  686  of Health.—
  687         (3) The Department of Health may adopt rules necessary to
  688  administer and enforce this section. The Department of Health,
  689  after consultation with the Department of Education, shall adopt
  690  rules governing the immunization of children against, the
  691  testing for, and the control of preventable communicable
  692  diseases. The rules must include procedures for exempting a
  693  child from immunization requirements. Immunizations must shall
  694  be required for poliomyelitis, diphtheria, rubeola, rubella,
  695  pertussis, mumps, tetanus, and other communicable diseases as
  696  determined by rules of the Department of Health; however, any
  697  immunization approved by the United States Food and Drug
  698  Administration only for emergency use may not be required. The
  699  manner and frequency of administration of the immunization or
  700  testing must shall conform to recognized standards of medical
  701  practice. The Department of Health shall supervise and secure
  702  the enforcement of the required immunization. Immunizations
  703  required by this section must shall be available at no cost from
  704  the county health departments.
  705         Section 22. This act shall take effect July 1, 2023.