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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to protection of medical freedom; 2
amending s. 381.003, F.S.; prohibiting the Department 3
of Health from requiring enrollment in the state's 4
immunization registry or otherwise requiring persons 5
to submit to immunization tracking; prohibiting the 6
department from including a person's immunization 7
records in any interstate or federal immunization 8
tracking system or otherwise giving an entity access 9
to a person's immunization records without first 10
obtaining written informed consent from the person or 11
person's parent or guardian, as applicable; amending 12
s. 381.00316, F.S.; prohibiting business and 13
governmental entities from requiring individuals to 14
provide proof of vaccination or postinfection recovery 15
from any disease to gain access to, entry upon, or 16
service from such entities; prohibiting educational 17
institutions from requiring students or residents to 18
provide proof of vaccination or postinfection recovery 19
from any disease for attendance or enrollment or to 20
gain access to, entry upon, or service f rom such 21
entities; providing an exception; prohibiting health 22
care providers from making the provision of any health 23
care service contingent upon patients' vaccination or 24
postinfection recovery from any disease; creating s. 25
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448.077, F.S.; defining terms; p rohibiting employers 26
from refusing employment to, or discharging, 27
disciplining, demoting, or otherwise discriminating 28
against, an individual solely on the basis of 29
vaccination or immunity status; creating a right of 30
action for aggrieved individuals; provid ing for 31
relief; creating ss. 626.9708, 627.6441, 627.6614, and 32
641.31078, F.S.; defining the term "vaccination or 33
immunity status"; specifying prohibited discriminatory 34
practices in the provision of life and disability 35
insurance policies, health insurance policies, group 36
health insurance policies, and health maintenance 37
contracts, respectively; providing construction; 38
amending s. 760.01, F.S.; revising the purposes of the 39
Florida Civil Rights Act of 1992 to include 40
discrimination protection for vaccination or immunity 41
status; reordering and amending s. 760.02, F.S.; 42
defining the term "vaccination or immunity status"; 43
amending s. 760.05, F.S.; revising the functions of 44
the Florida Commission on Human Relations to conform 45
to changes made by the act; amending s . 760.07, F.S.; 46
revising provisions regarding remedies for unlawful 47
discrimination to conform to changes made by the act; 48
amending s. 760.08, F.S.; prohibiting places of public 49
accommodation from discriminating on the basis of 50
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vaccination or immunity statu s; amending s. 760.10, 51
F.S.; prohibiting employers from engaging in specified 52
discriminatory employment practices on the basis of a 53
person's vaccination or immunity status; providing an 54
exception; amending s. 760.22, F.S.; defining the term 55
"vaccination or immunity status"; amending ss. 760.23, 56
760.24, 760.25, and 760.26, F.S.; prohibiting 57
discrimination on the basis of a person's vaccination 58
or immunity status in the sale or rental of housing, 59
the provision of brokerage services, the financing of 60
housing or residential real estate transactions, and 61
land use decisions or permitting of development, 62
respectively; amending s. 760.29, F.S.; revising an 63
exemption from the Fair Housing Act regarding the 64
appraisal of real property to conform to changes made 65
by the act; amending s. 760.60, F.S.; prohibiting 66
certain clubs from engaging in specified 67
discriminatory practices on the basis of a person's 68
vaccination or immunity status; amending s. 1003.22, 69
F.S.; prohibiting the department from requiring 70
children to receive immunizations approved only for 71
emergency use as a school -entry requirement; providing 72
an effective date. 73
74
Be It Enacted by the Legislature of the State of Florida: 75
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76
Section 1. Paragraph (e) of subsection (1) of section 77
381.003, Florida Statutes, is amended to read: 78
381.003 Communicable disease and AIDS prevention and 79
control.— 80
(1) The department shall conduct a communicable disease 81
prevention and control program as part of fulfilling its public 82
health mission. A communicable disease is any dis ease caused by 83
transmission of a specific infectious agent, or its toxic 84
products, from an infected person, an infected animal, or the 85
environment to a susceptible host, either directly or 86
indirectly. The communicable disease program must include, but 87
need not be limited to: 88
(e) Programs for the prevention and control of vaccine -89
preventable diseases, including programs to immunize school 90
children as required by s. 1003.22(3) -(11) and the development 91
of an automated, electronic, and centralized database an d 92
registry of immunizations. The department may not require 93
enrollment in the immunization registry or otherwise require 94
persons to submit to any form of immunization tracking. The 95
department shall ensure that all children in this state are 96
immunized against vaccine-preventable diseases. The immunization 97
registry must allow the department to enhance current 98
immunization activities for the purpose of improving the 99
immunization of all children in this state. 100
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1. Except as provided in subparagraph 2., the dep artment 101
shall include all children born in this state in the 102
immunization registry by using the birth records from the Office 103
of Vital Statistics. The department shall add other children to 104
the registry as immunization services are provided. 105
2. The parent or guardian of a child may refuse to have 106
the child included in the immunization registry by signing a 107
form obtained from the department, or from the health care 108
practitioner or entity that provides the immunization, which 109
indicates that the parent or gu ardian does not wish to have the 110
child included in the immunization registry. Each consent to 111
treatment form provided by a health care practitioner or by an 112
entity that administers vaccinations or causes vaccinations to 113
be administered to children from bir th through 17 years of age 114
must contain a notice stating that the parent or guardian of a 115
child may refuse to have his or her child included in the 116
immunization registry. The parent or guardian may either submit 117
the opt-out form directly to the department or must provide it 118
such opt-out form to the health care practitioner or entity upon 119
administration of the vaccination. Such health care practitioner 120
or entity shall submit the form to the department. If a parent 121
or guardian has refused to have his or her c hild included in the 122
immunization registry, A parent or guardian may submit the opt -123
out form directly to the department. any records or identifying 124
information pertaining to the child must shall be removed from 125
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the registry, if the parent or guardian has r efused to have his 126
or her child included in the immunization registry . 127
3. A college or university student, from 18 years of age 128
to 23 years of age, who obtains a vaccination from a college or 129
university student health center or clinic in this the state may 130
refuse to be included in the immunization registry by signing a 131
form obtained from the department, health center, or clinic 132
which indicates that the student does not wish to be included in 133
the immunization registry. The student may either submit the 134
form directly to the department or must provide it such opt-out 135
form to the health center or clinic upon administration of the 136
immunization vaccination. Such health center or clinic shall 137
submit the form to the department. If the student has refused to 138
be included in the immunization registry, A student may submit 139
the opt-out form directly to the department. any records or 140
identifying information pertaining to the student must shall be 141
removed from the registry if the student has refused to be 142
included in the immunization registry . 143
4. The immunization registry shall allow for immunization 144
records to be electronically available to entities that are 145
required by law to have such records, including, but not limited 146
to, schools and licensed child care facilities. However, the 147
department may not include a person's immunization records in 148
any interstate or federal immunization tracking system or 149
otherwise allow an entity not required by law to have such 150
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records without first obtaining written informed consent from 151
the person or the person's parent or guardian, if the person is 152
a minor, to release the immunization records for such purpose. 153
5. A health care practitioner licensed under chapter 458, 154
chapter 459, or chapter 464 in this state who administers 155
vaccinations or causes vaccinations to be administered to 156
children from birth through 17 years of age is required to 157
report vaccination data to the immunization registry, unless a 158
parent or guardian of a child has refused to have the child 159
included in the immunization registry by meeting the 160
requirements of subparagraph 2. A health care practitioner 161
licensed under chapter 458, chapter 459, or chapter 464 in this 162
state who administers vaccinations or causes vaccinations to be 163
administered to college or university student s from 18 years of 164
age to 23 years of age at a college or university student health 165
center or clinic is required to report vaccination data to the 166
immunization registry, unless the student has refused to be 167
included in the immunization registry by meeting the 168
requirements of subparagraph 3. Vaccination data for students in 169
other age ranges may be submitted to the immunization registry 170
only if the student consents to inclusion in the immunization 171
registry. The upload of data from existing automated systems i s 172
an acceptable method for updating immunization information in 173
the immunization registry. The information in the immunization 174
registry must include the child's name, date of birth, address, 175
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and any other unique identifier necessary to correctly identify 176
the child; the immunization record, including the date, type of 177
administered vaccine, and vaccine lot number; and the presence 178
or absence of any adverse reaction or contraindication related 179
to the immunization. Information received by the department for 180
the immunization registry retains its status as confidential 181
medical information and the department must maintain the 182
confidentiality of that information as otherwise required by 183
law. A health care practitioner or other agency that obtains 184
information from the immunization registry must maintain the 185
confidentiality of any medical records in accordance with s. 186
456.057 or as otherwise required by law. 187
Section 2. Section 381.00316, Florida Statutes, is amended 188
to read: 189
381.00316 COVID-19 Vaccine documentation.— 190
(1) A business entity, as defined in s. 768.38 to include 191
any business operating in this state, may not require patrons or 192
customers to provide any documentation certifying COVID-19 193
vaccination or postinfection recovery from any disease to gain 194
access to, entry upon, or service from the business operations 195
in this state. This subsection does not otherwise restrict 196
businesses from instituting screening protocols consistent with 197
authoritative or controlling government -issued guidance to 198
protect public health. 199
(2) A governmental entity as defined in s. 768.38 may not 200
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require persons to provide any documentation certifying COVID-19 201
vaccination or postinfection recovery from any disease to gain 202
access to, entry upon, or service from the governmental enti ty's 203
operations in this state. This subsection does not otherwise 204
restrict governmental entities from instituting screening 205
protocols consistent with authoritative or controlling 206
government-issued guidance to protect public health. 207
(3) An educational institution as defined in s. 768.38 may 208
not require students or residents to provide any documentation 209
certifying COVID-19 vaccination or postinfection recovery from 210
any disease for attendance or enrollment, or to gain access to, 211
entry upon, or service from such educational institution in this 212
state. This subsection does not otherwise restrict educational 213
institutions from instituting screening protocols consistent 214
with authoritative or controlling government -issued guidance to 215
protect public health. This subsection does not apply to 216
immunizations required by s. 1003.22(3). 217
(4) The department may impose a fine not to exceed $5,000 218
per violation. 219
(5) This section does not apply to a health care provider 220
as defined in s. 768.38; a servi ce provider licensed or 221
certified under s. 393.17, part III of chapter 401, or part IV 222
of chapter 468; or a provider with an active health care clinic 223
exemption under s. 400.9935. However, such providers may not 224
make the provision of any health care servic es contingent upon a 225
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patient receiving or having received a particular vaccine or 226
having recovered from infection from a particular disease. 227
(6) The department may adopt rules pursuant to ss. 120.536 228
and 120.54 to implement this section. 229
Section 3. Section 448.077, Florida Statutes, is created 230
to read: 231
448.077 Employment discrimination on the basis of 232
vaccination or immunity status prohibited. — 233
(1) As used in this section, the term: 234
(a) "Employee" means any individual who performs services 235
for and under the direction and control of an employer for wages 236
or other remuneration. The term includes independent 237
contractors. 238
(b) "Employer" means any individual, firm, partnership, 239
institution, corporation, or association that employs two or 240
more employees. The term includes governmental entities as 241
defined in s. 768.38. 242
(c) "Vaccination or immunity status," with respect to an 243
individual, means whether he or she has been administered a 244
vaccine for or is otherwise immune to a particular disease. 245
(2) It is an unlawful employment practice for an employer 246
to refuse to employ an individual, or to discharge, discipline, 247
demote, or otherwise discriminate against an employee with 248
respect to wages or terms, conditions, or privileges of 249
employment, based on the individual's vaccination or immunity 250
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status. 251
(3) An individual who is refused employment or 252
discriminated against on the basis of vaccination or immunity 253
status in violation of this section may file a civil action in a 254
court of competent jurisdict ion for relief as set forth in 255
subsection (4). 256
(4) In any action brought pursuant to subsection (3), the 257
court may order any of the following relief, as applicable: 258
(a) An injunction restraining continued violation of this 259
section. 260
(b) Employment or reinstatement of the employee to the 261
same position applied for or held, as applicable, before the 262
violation occurred or to an equivalent position. 263
(c) Compensation for lost wages, benefits, and other 264
remuneration. 265
(d) Reasonable attorney fees. 266
(e) Any other relief the court deems appropriate. 267
Section 4. Section 626.9708, Florida Statutes, is created 268
to read: 269
626.9708 Discrimination on the basis of vaccination or 270
immunity status prohibited. — 271
(1) As used in this section, the term "vaccination or 272
immunity status," with respect to an individual, means whether 273
he or she has been administered a vaccine for or is otherwise 274
immune to a particular disease. 275
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(2) An insurer authorized to transact insurance in this 276
state may not do any of the following: 277
(a) Require proof of vaccination or immunity status for 278
any disease from an applicant or a policyholder. 279
(b) Refuse to issue or renew any policy of life insurance 280
or disability insurance solely on the basis of the applicant's 281
or policyholder's vaccinati on or immunity status. 282
(c) Impose a higher premium rate or charge or otherwise 283
discriminate in coverage in a life insurance policy or 284
disability insurance policy solely on the basis of the 285
applicant's or policyholder's vaccination or immunity status. 286
(3) This section may not be construed to require an 287
insurer to provide insurance coverage for a medical condition 288
that the applicant or policyholder has already sustained. 289
Section 5. Section 627.6441, Florida Statutes, is created 290
to read: 291
627.6441 Discrimination on the basis of vaccination or 292
immunity status prohibited. — 293
(1) As used in this section, the term "vaccination or 294
immunity status," with respect to an individual, means whether 295
he or she has been administered a vaccine for or is otherwise 296
immune to a particular disease. 297
(2) A health insurer may not do any of the following: 298
(a) Require proof of vaccination or immunity status for 299
any disease from an applicant or a policyholder. 300
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(b) Refuse to issue or renew a health insurance policy 301
solely on the basis of the applicant's or policyholder's 302
vaccination or immunity status. 303
(c) Impose a higher premium rate or charge or otherwise 304
discriminate in the coverage of care in a health insurance 305
policy solely on the basis of the applicant's or policyho lder's 306
vaccination or immunity status. 307
(3) This section may not be construed to require a health 308
insurer to provide coverage for a medical condition that the 309
applicant or policyholder has already sustained. 310
Section 6. Section 627.6614, Florida Statut es, is created 311
to read: 312
627.6614 Discrimination on the basis of vaccination or 313
immunity status prohibited. — 314
(1) As used in this section, the term "vaccination or 315
immunity status," with respect to an individual, means whether 316
he or she has been administ ered a vaccine for or is otherwise 317
immune to a particular disease. 318
(2) An insurer offering coverage under a group, blanket, 319
or franchise health insurance policy in this state may not do 320
any of the following: 321
(a) Require proof of vaccination or immunity status for 322
any disease from an applicant or a policyholder. 323
(b) Refuse to issue or renew a health insurance policy 324
solely on the basis of the applicant's or policyholder's 325
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vaccination or immunity status. 326
(c) Impose a higher premium rate or charge or o therwise 327
discriminate in the coverage of care in a health insurance 328
policy solely on the basis of the applicant's or policyholder's 329
vaccination or immunity status. 330
(3) This section may not be construed to require an 331
insurer to provide coverage for a medi cal condition that the 332
applicant or policyholder has already sustained. 333
Section 7. Section 641.31078, Florida Statutes, is created 334
to read: 335
641.31078 Discrimination on the basis of vaccination or 336
immunity status prohibited. — 337
(1) As used in this sec tion, the term "vaccination or 338
immunity status," with respect to an individual, means whether 339
he or she has been administered a vaccine for or is otherwise 340
immune to a particular disease. 341
(2) A health maintenance organization providing coverage 342
under a health maintenance contract in this state may not do any 343
of the following: 344
(a) Require proof of vaccination or immunity status for 345
any disease from an applicant or a subscriber. 346
(b) Refuse to issue or renew a health maintenance contract 347
solely on the basis of the applicant's or subscriber's 348
vaccination or immunity status. 349
(c) Impose a higher premium rate or charge or otherwise 350
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discriminate in the coverage of care in a health maintenance 351
contract solely on the basis of the applicant's or subscriber's 352
vaccination or immunity status. 353
(3) This section may not be construed to require a health 354
maintenance organization to provide coverage for a medical 355
condition that the applicant or subscriber has already 356
sustained. 357
Section 8. Subsection (2) of section 760.01, Florida 358
Statutes, is amended to read: 359
760.01 Purposes; construction; title. — 360
(2) The general purposes of the Florida Civil Rights Act 361
of 1992 are to secure for all individuals within this the state 362
freedom from discrimination because of race, c olor, religion, 363
sex, pregnancy, national origin, age, handicap, vaccination or 364
immunity status, or marital status and thereby to protect their 365
interest in personal dignity, to make available to the state 366
their full productive capacities, to secure this the state 367
against domestic strife and unrest, to preserve the public 368
safety, health, and general welfare, and to promote the 369
interests, rights, and privileges of individuals within this the 370
state. 371
Section 9. Section 760.02, Florida Statutes, is reordered 372
and amended to read: 373
760.02 Definitions. —For the purposes of ss. 760.01 -760.11 374
and 509.092, the term: 375
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(7)(1) "Florida Civil Rights Act of 1992" means ss. 376
760.01-760.11 and 509.092. 377
(2) "Commission" means the Florida Commission on Human 378
Relations created by s. 760.03. 379
(3) "Commissioner" or "member" means a member of the 380
commission. 381
(4) "Discriminatory practice" means any practice made 382
unlawful by the Florida Civil Rights Act of 1992. 383
(9)(5) "National origin" includes ancestry. 384
(10)(6) "Person" includes an individual, association, 385
corporation, joint apprenticeship committee, joint -stock 386
company, labor union, legal representative, mutual company, 387
partnership, receiver, trust, trustee in bankruptcy, or 388
unincorporated organization; any ot her legal or commercial 389
entity; the state; or any governmental entity or agency. 390
(5)(7) "Employer" means any person employing 15 or more 391
employees for each working day in each of 20 or more calendar 392
weeks in the current or preceding calendar year, and an y agent 393
of such a person. 394
(6)(8) "Employment agency" means any person regularly 395
undertaking, with or without compensation, to procure employees 396
for an employer or to procure for employees opportunities to 397
work for an employer, and includes an agent of su ch a person. 398
(8)(9) "Labor organization" means any organization which 399
exists for the purpose, in whole or in part, of collective 400
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bargaining or of dealing with employers concerning grievances, 401
terms or conditions of employment, or other mutual aid or 402
protection in connection with employment. 403
(1)(10) "Aggrieved person" means any person who files a 404
complaint with the Human Relations Commission. 405
(11) "Public accommodations" means places of public 406
accommodation, lodgings, facilities principally engaged in 407
selling food for consumption on the premises, gasoline stations, 408
places of exhibition or entertainment, and other covered 409
establishments. Each of the following establishments which 410
serves the public is a place of public accommodation within the 411
meaning of this section: 412
(a) Any inn, hotel, motel, or other establishment which 413
provides lodging to transient guests, other than an 414
establishment located within a building which contains not more 415
than four rooms for rent or hire and which is actually occupied 416
by the proprietor of such establishment as his or her residence. 417
(b) Any restaurant, cafeteria, lunchroom, lunch counter, 418
soda fountain, or other facility principally engaged in selling 419
food for consumption on the premises, including, but not limited 420
to, any such facility located on the premises of any retail 421
establishment, or any gasoline station. 422
(c) Any motion picture theater, theater, concert hall, 423
sports arena, stadium, or other place of exhibition or 424
entertainment. 425
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(d) Any establishment which is phy sically located within 426
the premises of any establishment otherwise covered by this 427
subsection, or within the premises of which is physically 428
located any such covered establishment, and which holds itself 429
out as serving patrons of such covered establishment . 430
(12) "Vaccination or immunity status," with respect to an 431
individual, means whether he or she has been administered a 432
vaccination for or is otherwise immune to a particular disease. 433
Section 10. Section 760.05, Florida Statutes, is amended 434
to read: 435
760.05 Functions of the commission. —The commission shall 436
promote and encourage fair treatment and equal opportunity for 437
all persons regardless of race, color, religion, sex, pregnancy, 438
national origin, age, handicap, vaccination or immunity status, 439
or marital status and mutual understanding and respect among all 440
members of all economic, social, racial, religious, and ethnic 441
groups; and shall endeavor to eliminate discrimination against, 442
and antagonism between, religious, racial, and ethnic groups and 443
their members. 444
Section 11. Section 760.07, Florida Statutes, is amended 445
to read: 446
760.07 Remedies for unlawful discrimination. —Any violation 447
of any Florida statute that makes unlawful discrimination 448
because of race, color, religion, gender, pregnancy, nat ional 449
origin, age, handicap, vaccination or immunity status, or 450
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marital status in the areas of education, employment, or public 451
accommodations gives rise to a cause of action for all relief 452
and damages described in s. 760.11(5), unless greater damages 453
are expressly provided for. If the statute prohibiting unlawful 454
discrimination provides an administrative remedy, the action for 455
equitable relief and damages provided for in this section may be 456
initiated only after the plaintiff has exhausted his or her 457
administrative remedy. The term "public accommodations" does not 458
include lodge halls or other similar facilities of private 459
organizations which are made available for public use 460
occasionally or periodically. The right to trial by jury is 461
preserved in any case in which the plaintiff is seeking actual 462
or punitive damages. 463
Section 12. Section 760.08, Florida Statutes, is amended 464
to read: 465
760.08 Discrimination in places of public accommodation. —466
All persons are entitled to the full and equal enjoyment of the 467
goods, services, facilities, privileges, advantages, and 468
accommodations of any place of public accommodation without 469
discrimination or segregation on the ground of race, color, 470
national origin, sex, pregnancy, handicap, vaccination or 471
immunity status, familial status, or religion. 472
Section 13. Subsections (1) and (2), paragraphs (a) and 473
(b) of subsection (3), subsections (4), (5), and (6), and 474
paragraph (a) of subsection (9) of section 760.10, Florida 475
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Statutes, are amended to read: 476
760.10 Unlawful employm ent practices.— 477
(1) It is an unlawful employment practice for an employer: 478
(a) To discharge or to fail or refuse to hire any 479
individual, or otherwise to discriminate against any individual 480
with respect to compensation, terms, conditions, or privileges 481
of employment, because of such individual's race, color, 482
religion, sex, pregnancy, national origin, age, handicap, 483
vaccination or immunity status, or marital status. 484
(b) To limit, segregate, or classify employees or 485
applicants for employment in any way w hich would deprive or tend 486
to deprive any individual of employment opportunities, or 487
adversely affect any individual's status as an employee, because 488
of such individual's race, color, religion, sex, pregnancy, 489
national origin, age, handicap, vaccination or immunity status, 490
or marital status. 491
(2) It is an unlawful employment practice for an 492
employment agency to fail or refuse to refer for employment, or 493
otherwise to discriminate against, any individual because of 494
race, color, religion, sex, pregnancy, nati onal origin, age, 495
handicap, vaccination or immunity status, or marital status or 496
to classify or refer for employment any individual on the basis 497
of race, color, religion, sex, pregnancy, national origin, age, 498
handicap, vaccination or immunity status, or marital status. 499
(3) It is an unlawful employment practice for a labor 500
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organization: 501
(a) To exclude or to expel from its membership, or 502
otherwise to discriminate against, any individual because of 503
race, color, religion, sex, pregnancy, national origin, ag e, 504
handicap, vaccination or immunity status, or marital status. 505
(b) To limit, segregate, or classify its membership or 506
applicants for membership, or to classify or fail or refuse to 507
refer for employment any individual, in any way that would 508
deprive or tend to deprive any individual of employment 509
opportunities, or adversely affect any individual's status as an 510
employee or as an applicant for employment, because of such 511
individual's race, color, religion, sex, pregnancy, national 512
origin, age, handicap, vaccination or immunity status, or 513
marital status. 514
(4) It is an unlawful employment practice for any 515
employer, labor organization, or joint labor -management 516
committee controlling apprenticeship or other training or 517
retraining, including on -the-job training programs, to 518
discriminate against any individual because of race, color, 519
religion, sex, pregnancy, national origin, age, handicap, 520
vaccination or immunity status, or marital status in admission 521
to, or employment in, any program established to provide 522
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
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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 suc h 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 publi shed, 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, 545
it is not an unlawful employment practice under ss. 760.01 -546
760.10 for an employer, employm ent agency, labor organization, 547
or joint 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
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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 particu lar 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 560
term: 561
(11) "Vaccination or immunity status," with r espect to an 562
individual, means whether he or she has been administered a 563
vaccination for or is otherwise immune to a particular disease. 564
Section 15. Subsections (1) through (5) of section 760.23, 565
Florida Statutes, are amended to read: 566
760.23 Discrimination in the sale or rental of housing and 567
other prohibited practices. — 568
(1) It is unlawful to refuse to sell or rent after the 569
making of a bona fide offer, to refuse to negotiate for the sale 570
or rental of, or otherwise to make unavailable or deny a 571
dwelling to any person because of race, color, national origin, 572
sex, disability, vaccination or immunity status, familial 573
status, or religion. 574
(2) It is unlawful to discriminate against any person in 575
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the terms, conditions, or privileges of sale or rental of a 576
dwelling, or in the provision of services or facilities in 577
connection therewith, because of race, color, national origin, 578
sex, disability, vaccination or immunity status, familial 579
status, or religion. 580
(3) It is unlawful to make, print, or publish, or c ause to 581
be made, printed, or published, any notice, statement, or 582
advertisement with respect to the sale or rental of a dwelling 583
that indicates any preference, limitation, or discrimination 584
based on race, color, national origin, sex, disability, 585
vaccination or immunity status, familial status, or religion or 586
an intention to make any such preference, limitation, or 587
discrimination. 588
(4) It is unlawful to represent to any person because of 589
race, color, national origin, sex, disability, vaccination or 590
immunity status, familial status, or religion that any dwelling 591
is not available for inspection, sale, or rental when such 592
dwelling is in fact so available. 593
(5) It is unlawful, for profit, to induce or attempt to 594
induce any person to sell or rent any dwelling by a 595
representation regarding the entry or prospective entry into the 596
neighborhood of a person or persons of a particular race, color, 597
national origin, sex, disability, vaccination or immunity 598
status, familial status, or religion. 599
Section 16. Section 760 .24, Florida Statutes, is amended 600
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to read: 601
760.24 Discrimination in the provision of brokerage 602
services.—It is unlawful to deny any person access to, or 603
membership or participation in, any multiple -listing service, 604
real estate brokers' organization, or o ther service, 605
organization, or facility relating to the business of selling or 606
renting dwellings, or to discriminate against him or her in the 607
terms or conditions of such access, membership, or 608
participation, on account of race, color, national origin, sex , 609
disability, vaccination or immunity status, familial status, or 610
religion. 611
Section 17. Subsection (1) and paragraph (a) of subsection 612
(2) of section 760.25, Florida Statutes, are amended to read: 613
760.25 Discrimination in the financing of housing or in 614
residential real estate transactions. — 615
(1) It is unlawful for any bank, building and loan 616
association, insurance company, or other corporation, 617
association, firm, or enterprise the business of which consists 618
in whole or in part of the making of commer cial real estate 619
loans to deny a loan or other financial assistance to a person 620
applying for the loan for the purpose of purchasing, 621
constructing, improving, repairing, or maintaining a dwelling, 622
or to discriminate against him or her in the fixing of the 623
amount, interest rate, duration, or other term or condition of 624
such loan or other financial assistance, because of the race, 625
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color, national origin, sex, disability, vaccination or immunity 626
status, familial status, or religion of such person or of any 627
person associated with him or her in connection with such loan 628
or other financial assistance or the purposes of such loan or 629
other financial assistance, or because of the race, color, 630
national origin, sex, disability, vaccination or immunity 631
status, familial status, or religion of the present or 632
prospective owners, lessees, tenants, or occupants of the 633
dwelling or dwellings in relation to which such loan or other 634
financial assistance is to be made or given. 635
(2)(a) It is unlawful for any person or entity whose 636
business includes engaging in residential real estate 637
transactions to discriminate against any person in making 638
available such a transaction, or in the terms or conditions of 639
such a transaction, because of race, color, national origin, 640
sex, disability, vaccination or immunity status, familial 641
status, or religion. 642
Section 18. Section 760.26, Florida Statutes, is amended 643
to read: 644
760.26 Prohibited discrimination in land use decisions and 645
in permitting of development. —It is unlawful to discriminate in 646
land use decisions or in the permitting of development based on 647
race, color, national origin, sex, disability, vaccination or 648
immunity status, familial status, religion, or, except as 649
otherwise provided by law, the source of financing of a 650
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development or proposed development. 651
Section 19. Paragraph (a) of subsection (5) of section 652
760.29, Florida Statutes, is amended to read: 653
760.29 Exemptions.— 654
(5) Nothing in ss. 760.20 -760.37: 655
(a) Prohibits a person engaged in the business of 656
furnishing appraisals of real property from taking into 657
consideration factors other than race, color, national origin, 658
sex, disability, vaccination or immunity status, familial 659
status, or religion. 660
Section 20. Subsection (1) of section 760.60, Florida 661
Statutes, is amended to read: 662
760.60 Discriminatory practices of certain clubs 663
prohibited; remedies. — 664
(1) It is unlawful for a person to discriminate against 665
any individual because of race, color, religion, gender, 666
national origin, handicap, vaccination or immunity statu s, age 667
above the age of 21, or marital status in evaluating an 668
application for membership in a club that has more than 400 669
members, that provides regular meal service, and that regularly 670
receives payment for dues, fees, use of space, facilities, 671
services, meals, or beverages directly or indirectly from 672
nonmembers for business purposes. It is unlawful for a person, 673
on behalf of such a club, to publish, circulate, issue, display, 674
post, or mail any advertisement, notice, or solicitation that 675
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contains a statement to the effect that the accommodations, 676
advantages, facilities, membership, or privileges of the club 677
are denied to any individual because of race, color, religion, 678
gender, national origin, handicap, vaccination or immunity 679
status, age above the age of 2 1, or marital status. This 680
subsection does not apply to fraternal or benevolent 681
organizations, ethnic clubs, or religious organizations where 682
business activity is not prevalent. 683
Section 21. Subsection (3) of section 1003.22, Florida 684
Statutes, is amended to read: 685
1003.22 School-entry health examinations; immunization 686
against communicable diseases; exemptions; duties of Department 687
of Health.— 688
(3) The Department of Health may adopt rules necessary to 689
administer and enforce this section. The Depar tment of Health, 690
after consultation with the Department of Education, shall adopt 691
rules governing the immunization of children against, the 692
testing for, and the control of preventable communicable 693
diseases. The rules must include procedures for exempting a 694
child from immunization requirements. Immunizations must shall 695
be required for poliomyelitis, diphtheria, rubeola, rubella, 696
pertussis, mumps, tetanus, and other communicable diseases as 697
determined by rules of the Department of Health ; however, any 698
immunization approved by the United States Food and Drug 699
Administration only for emergency use may not be required . The 700
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manner and frequency of administration of the immunization or 701
testing must shall conform to recognized standards of medical 702
practice. The Department of Health shall supervise and secure 703
the enforcement of the required immunization. Immunizations 704
required by this section must shall be available at no cost from 705
the county health departments. 706
Section 22. This act shall take effect July 1, 2023. 707