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16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1.Section 112.0441, Florida Statutes, is repealed. 20 Section 2.Section 381.00317, Florida Statutes, is 21 repealed. 22 Section 3.Section 381.00318, Florida Statutes, is 23 repealed. 24 Section 4.Section 381.00319, Florida Statutes, is 25 repealed. 26 Section 5.Paragraph (n) of subsection (3) of section 27 1002.20, Florida Statutes, is amended to read: 28 1002.20K-12 student and parent rights.Parents of public 29 school students must receive accurate and timely information 30 regarding their childs 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-19.1.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 parents 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.