Florida Senate - 2023 CS for SB 252
By the Committee on Fiscal Policy; and Senator Burton
594-04099-23 2023252c1
1 A bill to be entitled
2 An act relating to protection from discrimination
3 based on health care choices; amending s. 381.00316,
4 F.S.; providing legislative intent and findings;
5 defining terms; prohibiting business entities and
6 governmental entities from requiring a person to
7 provide certain documentation or requiring a COVID-19
8 test to gain access to, entry upon, or service from
9 such entities or as a condition of contracting,
10 hiring, promotion, or continued employment;
11 prohibiting business and governmental entities from
12 refusing to hire persons, discharging persons,
13 depriving or attempting to deprive persons of
14 employment opportunities, adversely affecting persons
15 with respect to employment, or otherwise
16 discriminating against any person based on knowledge
17 or belief of a person’s vaccination or COVID-19
18 postinfection recovery status or failure to take a
19 COVID-19 test; requiring such entities to provide
20 exemptions and reasonable accommodations for religious
21 and medical reasons; prohibiting such entities from
22 requiring persons to wear face coverings in order to
23 gain access to, entry upon, service from, or admission
24 to such entities or from otherwise discriminating
25 against persons based on their refusal to wear a
26 facial covering; providing exceptions; requiring the
27 Department of Health to adopt certain emergency rules;
28 providing administrative penalties; authorizing the
29 Department of Legal Affairs to take specified actions
30 for purposes of conducting investigations or
31 proceedings; requiring that collected fines be
32 deposited in the General Revenue Fund; providing
33 construction; providing that certain terminated
34 employees are eligible for reemployment assistance;
35 amending s. 381.00319, F.S.; revising and defining
36 terms; revising provisions related to the prohibition
37 on COVID-19-related mandates by educational
38 institutions; prohibiting educational institutions
39 from imposing certain vaccine mandates on any person;
40 prohibiting educational institutions from requiring a
41 person to provide certain documentation or requiring a
42 COVID-19 test to gain admission to, access to, entry
43 upon, or service from such institutions or as a
44 condition of contracting, hiring, promotion, or
45 continued employment; prohibiting educational
46 institutions from discharging persons, refusing to
47 hire persons, depriving or attempting to deprive
48 persons of employment opportunities, adversely
49 affecting persons with respect to employment, or
50 otherwise discriminating against any person based on
51 the knowledge or belief of a person’s vaccination or
52 COVID-19 postinfection recovery status or failure to
53 take a COVID-19 test; requiring educational
54 institutions to provide exemptions and reasonable
55 accommodations for religious and medical reasons;
56 prohibiting educational institutions from requiring
57 persons to wear face coverings, from denying persons
58 access to, entry upon, service from, or admission to
59 such institutions, or from otherwise discriminating
60 against persons based on their refusal to wear a
61 facial covering; providing exceptions; requiring the
62 Department of Health to adopt certain emergency rules;
63 providing administrative penalties; authorizing the
64 department to take specified actions for purposes of
65 conducting investigations or proceedings; requiring
66 that collected fines be deposited in the General
67 Revenue Fund; providing construction; authorizing the
68 department to adopt rules; creating s. 381.00321,
69 F.S.; prohibiting governmental entities and
70 educational institutions from adopting, implementing,
71 or enforcing certain public health policies or
72 guidelines unless authorized by state law, rule, or
73 executive order; creating s. 395.1057, F.S.;
74 prohibiting hospitals from interfering with patients’
75 right to choose COVID-19 treatment alternatives if
76 certain conditions are met; providing for disciplinary
77 action; creating s. 408.824, F.S.; defining terms;
78 requiring the Agency for Health Care Administration
79 and the Department of Health to jointly develop
80 standards for the appropriate use of facial coverings
81 in health care settings by a specified date; requiring
82 the agency and the department to adopt emergency rules
83 for such standards; requiring the agency and the
84 department to post such standards on their respective
85 websites and provide a link for reporting related
86 violations; requiring certain health care
87 practitioners and all health care providers to
88 establish facial covering policies and procedures by a
89 specified date; providing requirements for such
90 policies and procedures; requiring such health care
91 practitioners and health care providers to make their
92 policies and procedures easily accessible on their
93 respective websites or conspicuously display them in
94 the lobby of their health care service setting or
95 settings, as applicable; beginning on a specified
96 date, prohibiting health care practitioners and health
97 care providers from requiring persons to wear a facial
98 covering for any reason unless the requirement is in
99 accordance with specified policies and procedures;
100 providing for disciplinary action; creating s. 456.62,
101 F.S.; requiring health care practitioners treating
102 patients diagnosed with COVID-19 to obtain patients’
103 informed consent before prescribing any medications
104 for treatment of COVID-19; providing a requirement for
105 obtaining such informed consent; requiring health care
106 practitioners to include certain information and use
107 their best clinical judgment when making certain
108 determinations related to alternative medications for
109 treatment of COVID-19; requiring health care
110 practitioners to take into consideration certain
111 factors when providing such information to the
112 patient; requiring health care practitioners to
113 indicate certain information in their patients’
114 medical records; providing construction; amending s.
115 465.0266, F.S.; exempting certain pharmacists from
116 disciplinary action under certain circumstances;
117 amending s. 1002.20, F.S.; conforming provisions to
118 changes made by the act; abrogating the future repeal
119 of specified provisions; providing for the future
120 repeal of specified provisions; providing effective
121 dates.
122
123 Be It Enacted by the Legislature of the State of Florida:
124
125 Section 1. Section 381.00316, Florida Statutes, is amended
126 to read:
127 381.00316 Discrimination by governmental and business
128 entities based on health care choices; prohibition COVID-19
129 vaccine documentation.—
130 (1)(a) It is the intent of the Legislature that Floridians
131 be free from mandated facial coverings, mandates of any kind
132 relating to vaccines as provided in this section, and
133 discrimination based on such vaccination status.
134 (b) The Legislature finds that society is harmed by
135 discrimination based on vaccination status as provided in this
136 section when healthy persons are prevented from participating in
137 society and accessing employment opportunities. The Legislature
138 further finds that remedies to prevent such discrimination are
139 in the best interest of this state.
140 (2) As used in this section, the term:
141 (a) “Business entity” has the same meaning as in s. 606.03.
142 The term also includes a charitable organization as defined in
143 s. 496.404, a corporation not for profit as defined in s.
144 617.01401, or any other business operating in this state.
145 (b) “COVID-19” means the novel coronavirus identified as
146 SARS-CoV-2; any disease caused by SARS-CoV-2, its viral
147 fragments, or a virus mutating therefrom; and all conditions
148 associated with the disease which are caused by SARS-CoV-2, its
149 viral fragments, or a virus mutating therefrom.
150 (c) “COVID-19 vaccine” means a preparation designed to
151 stimulate the human body’s immune response against COVID-19.
152 (d) “Department” means the Department of Legal Affairs.
153 (e) “Emergency use authorization vaccine” means any vaccine
154 that is authorized for emergency use under 21 U.S.C. 360bbb
155 3(a)(1) and qualifies as an unapproved product under 21 U.S.C.
156 360bbb–3(a)(2)(A).
157 (f) “Governmental entity” means the state or any political
158 subdivision thereof, including the executive, legislative, and
159 judicial branches of government; the independent establishments
160 of the state, counties, municipalities, districts, authorities,
161 boards, or commissions; or any agencies that are subject to
162 chapter 286. The term does not include an educational
163 institution as defined in s. 381.00319.
164 (g) “Messenger ribonucleic acid vaccine” means any vaccine
165 that uses laboratory-produced messenger ribonucleic acid to
166 trigger the human body’s immune system to generate an immune
167 response.
168 (3)(a)(1) A business entity, as defined in s. 768.38 to
169 include any business operating in this state, may not require
170 any person patrons or customers to provide any documentation
171 certifying COVID-19 vaccination with any vaccine defined under
172 subsection (2) or postinfection recovery from COVID-19, or
173 require a COVID-19 test, to gain access to, entry upon, or
174 service from the business operations in this state or as a
175 condition of contracting, hiring, promotion, or continued
176 employment with the business entity.
177 (b) A business entity may not discharge or refuse to hire a
178 person; deprive or attempt to deprive a person of employment
179 opportunities; adversely affect a person’s status as an employee
180 or as an applicant for employment; or otherwise discriminate
181 against a person based on knowledge or belief of the person’s
182 status relating to vaccination with any vaccine defined under
183 subsection (2) or COVID-19 postinfection recovery, or a person’s
184 failure to take a COVID-19 test.
185 (c) For matters relating to vaccines other than those
186 defined under subsection (2), a business entity shall provide
187 for exemptions and reasonable accommodations for religious and
188 medical reasons in accordance with federal law This subsection
189 does not otherwise restrict businesses from instituting
190 screening protocols consistent with authoritative or controlling
191 government-issued guidance to protect public health.
192 (4)(a)(2) A governmental entity as defined in s. 768.38 may
193 not require any person persons to provide any documentation
194 certifying COVID-19 vaccination with any vaccine defined under
195 subsection (2) or postinfection recovery from COVID-19, or
196 require a COVID-19 test, to gain access to, entry upon, or
197 service from the governmental entity’s operations in this state
198 or as a condition of contracting, hiring, promotion, or
199 continued employment with the governmental entity.
200 (b) A governmental entity may not discharge or refuse to
201 hire a person; deprive or attempt to deprive a person of
202 employment opportunities; adversely affect a person’s status as
203 an employee; or otherwise discriminate against a person based on
204 the knowledge or belief of the person’s status relating to
205 vaccination with any vaccine defined under subsection (2) or a
206 person’s failure to take a COVID-19 test.
207 (c) For matters relating to vaccines other than those
208 defined under subsection (2), a governmental entity shall
209 provide for exemptions and reasonable accommodations for
210 religious and medical reasons in accordance with federal law.
211 (5)(a) A business entity or governmental entity may not
212 require a person to wear a face mask, a face shield, or any
213 other facial covering that covers the mouth and nose. A business
214 entity or governmental entity may not deny any person access to,
215 entry upon, service from, or admission to such entity or
216 otherwise discriminate against a person based on such person’s
217 refusal to wear a face mask, a face shield, or any other facial
218 covering that covers the mouth and nose.
219 (b) Paragraph (a) does not apply to:
220 1. A health care provider or health care practitioner as
221 those terms are defined in s. 408.824, provided that such health
222 care provider or health care practitioner is in compliance with
223 that section.
224 2. A business entity or governmental entity when a face
225 mask, a face shield, or any other facial covering that covers
226 the mouth and nose is required safety equipment consistent with
227 occupational or laboratory safety requirements, in accordance
228 with standards adopted by the Department of Health. The
229 Department of Health shall adopt emergency rules to develop such
230 standards. Emergency rules adopted under this subparagraph are
231 exempt from s. 120.54(4)(c) and shall remain in effect until
232 replaced by rules adopted under the nonemergency rulemaking
233 procedures of the Administrative Procedure Act This subsection
234 does not otherwise restrict governmental entities from
235 instituting screening protocols consistent with authoritative or
236 controlling government-issued guidance to protect public health.
237 (3) An educational institution as defined in s. 768.38 may
238 not require students or residents to provide any documentation
239 certifying COVID-19 vaccination or postinfection recovery for
240 attendance or enrollment, or to gain access to, entry upon, or
241 service from such educational institution in this state. This
242 subsection does not otherwise restrict educational institutions
243 from instituting screening protocols consistent with
244 authoritative or controlling government-issued guidance to
245 protect public health.
246 (6)(a)(4) The department may impose an administrative a
247 fine not to exceed $5,000 for each individual and separate per
248 violation of this section.
249 (b) For purposes of conducting an investigation or a
250 proceeding, the department may administer oaths, take
251 depositions, make inspections when authorized by law, issue
252 subpoenas supported by affidavit, serve subpoenas and other
253 process, and compel the attendance of witnesses and the
254 production of books, papers, documents, and other evidence.
255 Challenges to and enforcement of subpoenas or orders shall be in
256 accordance with s. 120.569.
257 (c) Fines collected pursuant to this section must be
258 deposited into the General Revenue Fund.
259 (7) This section does not limit the right of the person
260 aggrieved by a violation of this section to recover damages or
261 other relief under any other applicable law.
262 (8) If a governmental entity fails to comply with
263 subsection (4), an employee terminated based on such
264 noncompliance may be eligible for reemployment assistance under
265 chapter 443 in addition to any other remedy available to the
266 employee for a violation of this section.
267 (5) This section does not apply to a health care provider
268 as defined in s. 768.38; a service provider licensed or
269 certified under s. 393.17, part III of chapter 401, or part IV
270 of chapter 468; or a provider with an active health care clinic
271 exemption under s. 400.9935.
272 (9)(6) The department may adopt rules pursuant to ss.
273 120.536 and 120.54 to implement this section.
274 Section 2. Section 381.00319, Florida Statutes, is amended
275 to read:
276 381.00319 Prohibition on mask mandates and COVID-19
277 vaccination and testing mandates for educational institutions
278 students.—
279 (1) For purposes of this section, the term:
280 (a) “COVID-19” has the same meaning as in s. 381.00316
281 381.00317(1).
282 (b) “COVID-19 vaccine” has the same meaning as in s.
283 381.00316.
284 (c) “Educational institution” means a public or private
285 school, including a preschool, elementary school, middle school,
286 junior high school, secondary school, career center, or
287 postsecondary school has the same meaning as in s. 112.0441(1).
288 (d) “Emergency use authorization vaccine″ has the same
289 meaning as in s. 381.00316.
290 (e) “Messenger ribonucleic acid vaccine” has the same
291 meaning as in s. 381.00316.
292 (c) “Parent” has the same meaning as in s. 1000.21(5).
293 (2)(a) Notwithstanding any other law to the contrary, An
294 educational institution or elected or appointed local official
295 may not impose a COVID-19 vaccination mandate on for any person
296 requiring vaccination with any vaccine defined under subsection
297 (1) student.
298 (b) An educational institution in this state may not
299 require any person to provide any documentation certifying
300 vaccination with any vaccine defined under subsection (1) or
301 postinfection recovery from COVID-19, or require a COVID-19
302 test, to gain admission or access to, entry upon, or service
303 from the educational institution or as a condition of
304 contracting, hiring, promotion, or continued employment with the
305 educational institution. An educational institution may not
306 discharge or refuse to hire a person; deprive or attempt to
307 deprive a person of employment opportunities; adversely affect a
308 person’s status as an employee or as an applicant for
309 employment; or otherwise discriminate against a person based on
310 knowledge or belief of the person’s status relating to
311 vaccination with any vaccine defined under subsection (1) or
312 COVID-19 postinfection recovery, or a person’s failure to take a
313 COVID-19 test.
314 (c) For matters relating to vaccines other than those
315 defined under subsection (1), an educational institution shall
316 provide for exemptions and reasonable accommodations for
317 religious and medical reasons in accordance with federal law.
318 (3)(a) An educational institution may not require a person
319 to wear a face mask, a face shield, or any other facial covering
320 that covers the mouth and nose. An educational institution may
321 not deny any person access to, entry upon, service from, or
322 admission to such educational institution or otherwise
323 discriminate against a person based on such person’s refusal to
324 wear a face mask, a face shield, or any other facial covering
325 that covers the mouth and nose.
326 (b) Paragraph (a) does not apply to:
327 1. A health care provider or health care practitioner as
328 those terms are defined in s. 408.824, provided such health care
329 provider or health care practitioner is in compliance with that
330 section.
331 2. An educational institution when a face mask, a face
332 shield, or any other facial covering that covers the mouth and
333 nose is used as required safety equipment in a course of study
334 consistent with occupational or laboratory safety requirements,
335 in accordance with standards adopted by the Department of
336 Health. The Department of Health shall adopt emergency rules to
337 develop such standards. Emergency rules adopted under this
338 subparagraph are exempt from s. 120.54(4)(c) and shall remain in
339 effect until replaced by rules adopted under the nonemergency
340 rulemaking procedures of the Administrative Procedure Act.
341 (4)(a) Notwithstanding s. 768.39, the Department of Health
342 may impose an administrative fine not to exceed $5,000 for each
343 individual and separate violation of this section.
344 (b) For the purpose of conducting an investigation or a
345 proceeding, the Department of Health may administer oaths, take
346 depositions, make inspections when authorized by law, issue
347 subpoenas supported by affidavit, serve subpoenas and other
348 process, and compel the attendance of witnesses and the
349 production of books, papers, documents, and other evidence.
350 Challenges to and enforcement of subpoenas or orders shall be in
351 accordance with s. 120.569.
352 (c) Fines collected pursuant to this section must be
353 deposited in the General Revenue Fund.
354 (5) This section does not limit the right of the person
355 aggrieved by a violation of this section to recover damages or
356 other relief under any other applicable law.
357 (6) The Department of Health may adopt rules to implement
358 this section.
359 (3) A parent of a student, a student who is an emancipated
360 minor, or a student who is 18 years of age or older may bring an
361 action against the educational institution to obtain a
362 declaratory judgment that an act or practice violates this
363 section and to seek injunctive relief. A prevailing parent or
364 student, as applicable, must be awarded reasonable attorney fees
365 and court costs.
366 (4) This section expires June 1, 2023.
367 Section 3. Section 381.00321, Florida Statutes, is created
368 to read:
369 381.00321 International health organization policies.—A
370 governmental entity as defined in s. 381.00316 or an educational
371 institution as defined in s. 381.00319 may not adopt, implement,
372 or enforce an international health organization’s public health
373 policies or guidelines unless authorized to do so under state
374 law, rule, or executive order issued by the Governor under s.
375 252.36.
376 Section 4. Section 395.1057, Florida Statutes, is created
377 to read:
378 395.1057 Patients’ right to choose COVID-19 treatment
379 alternatives.—A hospital may not interfere with a patient’s
380 right to choose COVID-19 treatment alternatives as recommended
381 by a health care practitioner with privileges at the hospital if
382 the health care practitioner has obtained informed consent from
383 the patient in accordance with s. 456.62. Any hospital that
384 violates this section by preventing a health care practitioner
385 from exercising his or her sound judgment is subject to agency
386 disciplinary action under s. 395.1065(2).
387 Section 5. Effective upon this act becoming a law, section
388 408.824, Florida Statutes, is created to read:
389 408.824 Facial covering requirements for health care
390 practitioners and health care providers.—
391 (1) As used in this section, the term:
392 (a) “Department” means the Department of Health.
393 (b) “Facial covering” means a cloth or surgical face mask,
394 a face shield, or any other facial covering that covers the
395 mouth and nose.
396 (c) “Health care practitioner” has the same meaning as in
397 s. 456.001.
398 (d) “Health care provider” means a provider as defined in
399 s. 408.803; a service provider licensed or certified under s.
400 393.17, part III of chapter 401, or part IV of chapter 468; a
401 provider with an active health care clinic exemption under s.
402 400.9935; an optical establishment permitted under s. 484.007; a
403 massage establishment licensed under s. 480.043; a pharmacy as
404 defined in s. 465.003; or an office registered under s. 458.328
405 or s. 459.0138.
406 (e) “Office” means an office maintained for the practice of
407 a health care practitioner’s profession, as provided in his or
408 her practice act.
409 (2)(a) By July 1, 2023, the agency and the department shall
410 jointly develop standards for the appropriate use of facial
411 coverings for infection control in health care settings.
412 (b) The agency and the department shall adopt emergency
413 rules for the standards developed under paragraph (a). Emergency
414 rules adopted under this section are exempt from s. 120.54(4)(c)
415 and shall remain in effect until replaced by rules adopted under
416 the nonemergency rulemaking procedures of the Administrative
417 Procedure Act.
418 (c) The agency and the department shall publish the
419 standards developed under paragraph (a) on their respective
420 websites and provide a link for persons to report violations of
421 the standards.
422 (3) By August 1, 2023, each health care practitioner who
423 owns or operates an office and each health care provider shall
424 establish facial covering policies and procedures for their
425 respective health care settings, if such health care
426 practitioner or health care provider requires any individual to
427 wear a facial covering for any reason. Such policies and
428 procedures must comply with the standards developed under
429 subsection (2) and must be accessible from the home page of such
430 health care practitioner’s or health care provider’s website or
431 conspicuously displayed in the lobby of its health care service
432 setting or settings.
433 (4) Effective August 1, 2023:
434 (a) Health care practitioners and health care providers may
435 not require any person to wear a facial covering for any reason
436 unless the requirement is in accordance with the standards
437 developed under subsection (2) and the policies and procedures
438 established under subsection (3).
439 (b) A health care practitioner or a health care provider in
440 violation of paragraph (a) or subsection (3) is subject to
441 disciplinary action by the agency or a board as defined in s.
442 456.001, or the department if there is no board, as applicable.
443 Section 6. Section 456.62, Florida Statutes, is created to
444 read:
445 456.62 Communication of COVID-19 treatment alternatives.—
446 (1) A health care practitioner treating a patient diagnosed
447 with COVID-19 shall obtain the informed consent of the patient
448 or the patient’s legal representative before prescribing any
449 medication for the treatment of COVID-19.
450 (2) To obtain informed consent, the health care
451 practitioner must provide an explanation of alternative
452 medications for the treatment of COVID-19 and the relative
453 advantages, disadvantages, and risks associated with such
454 alternative medications to the extent necessary to allow the
455 patient or the patient’s legal representative to make a prudent
456 decision regarding treatment.
457 (3) In determining which alternative medications to present
458 to a patient for purposes of obtaining informed consent, the
459 health care practitioner must include any medications currently
460 authorized or approved by the United States Food and Drug
461 Administration for the treatment of COVID-19 and use his or her
462 best clinical judgment to identify any alternative medications
463 that could reasonably be expected to benefit the patient.
464 (4) In providing such information regarding alternative
465 medications, the health care practitioner shall take into
466 consideration the physical state of the patient and the
467 patient’s ability to understand the information.
468 (5) A health care practitioner treating a patient diagnosed
469 with COVID-19 shall indicate on such patient’s medical record
470 the health care practitioner’s compliance or noncompliance with
471 this section.
472 (6) This section does not supersede any other provision of
473 law regarding informed consent.
474 Section 7. Section 465.0266, Florida Statutes, is amended
475 to read:
476 465.0266 Common database.—Nothing contained in this chapter
477 may shall be construed to prohibit the dispensing by a
478 pharmacist licensed in this state or another state of a
479 prescription contained in a common database, and such dispensing
480 does shall not constitute a transfer as defined in s.
481 465.026(1)-(6), provided that the following conditions are met:
482 (1) All pharmacies involved in the transactions pursuant to
483 which the prescription is dispensed are under common ownership
484 and utilize a common database.
485 (2) All pharmacies involved in the transactions pursuant to
486 which the prescription is dispensed and all pharmacists engaging
487 in dispensing functions are properly licensed, permitted, or
488 registered in this state or another state.
489 (3) The common database maintains a record of all
490 pharmacists involved in the process of dispensing a
491 prescription.
492 (4) The owner of the common database maintains a policy and
493 procedures manual that governs its participating pharmacies,
494 pharmacists, and pharmacy employees and that is available to the
495 board or its agent upon request. The policy and procedures
496 manual must shall include the following information:
497 (a) A best practices model detailing how each pharmacy and
498 each pharmacist accessing the common database will comply with
499 applicable federal and state laws, rules, and regulations.
500 (b) The procedure for maintaining appropriate records for
501 regulatory oversight for tracking a prescription during each
502 stage of the filling and dispensing process, identifying the
503 pharmacists involved in filling and dispensing the prescription
504 and counseling the patient, and responding to any requests for
505 information made by the board under s. 465.0156.
506 (c) The policy and procedure for providing adequate
507 security to protect the confidentiality and integrity of patient
508 information.
509 (d) A quality assurance program designed to objectively and
510 systematically monitor, evaluate, and improve the quality and
511 appropriateness of patient care through the use of the common
512 database.
513
514 Any pharmacist dispensing a prescription has at all times the
515 right and obligation to exercise his or her independent
516 professional judgment. Any pharmacist properly dispensing an
517 alternative medication prescribed for the treatment of COVID-19
518 is not subject to disciplinary action by the board or the
519 department based solely on such dispensing. Notwithstanding
520 other provisions in this section, a no pharmacist licensed in
521 this state participating in the dispensing of a prescription
522 pursuant to this section is not shall be responsible for the
523 acts and omissions of another person participating in the
524 dispensing process provided such person is not under the direct
525 supervision and control of the pharmacist licensed in this
526 state.
527 Section 8. Paragraph (n) of subsection (3) of section
528 1002.20, Florida Statutes, is amended to read:
529 1002.20 K-12 student and parent rights.—Parents of public
530 school students must receive accurate and timely information
531 regarding their child’s academic progress and must be informed
532 of ways they can help their child to succeed in school. K-12
533 students and their parents are afforded numerous statutory
534 rights including, but not limited to, the following:
535 (3) HEALTH ISSUES.—
536 (n) Face covering mandates and quarantine mandates in
537 response to COVID-19.—
538 1. A district school board, a district school
539 superintendent, an elected or appointed local official, or any
540 district school board employee may not:
541 a. Require a student to wear a face mask, a face shield, or
542 any other facial covering that fits over the mouth or nose.
543 However, a parent, at the parent’s sole discretion, may allow
544 his or her child to wear a face mask, a face shield, or any
545 other facial covering that fits over the mouth or nose. This
546 prohibition does not apply to safety equipment required as part
547 of a course of study consistent with occupational or laboratory
548 safety requirements.
549 b. Prohibit a student from attending school or school
550 sponsored activities, prohibit a student from being on school
551 property, or subject a student to restrictions or disparate
552 treatment, based on an exposure to COVID-19, so long as the
553 student remains asymptomatic and has not received a positive
554 test for COVID-19 as defined in s. 381.00319(1) s. 381.00317(1).
555
556 A parent of a student, a student who is an emancipated minor, or
557 a student who is 18 years of age or older may bring an action
558 against the school district to obtain a declaratory judgment
559 that an act or practice violates this subparagraph and to seek
560 injunctive relief. A prevailing parent or student, as
561 applicable, must be awarded reasonable attorney fees and court
562 costs.
563 2. A district school board, a district school
564 superintendent, an elected or appointed local official, or any
565 school district employee may not prohibit an employee from
566 returning to work or subject an employee to restrictions or
567 disparate treatment based on an exposure to COVID-19 so long as
568 the employee remains asymptomatic and has not received a
569 positive test for COVID-19 as defined in s. 381.00319(1) s.
570 381.00317(1).
571 3. This paragraph expires June 1, 2023.
572 Section 9. Sections 381.00316(2)(g) and 381.00319(1)(e),
573 Florida Statutes, as created by this act, are repealed June 1,
574 2025.
575 Section 10. Except as otherwise provided in this act, and
576 except for this section, which shall take effect upon this act
577 becoming a law, this act shall take effect June 1, 2023.