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