CS/HB 1487 2023
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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 declarations of a public health 2
emergency; amending s. 381.00315, F.S.; providing that 3
the administration of vaccines is not included within 4
the meaning of the terms "treat," "treated," or 5
"treatment" as they relate to public health 6
emergencies; revising provisions related to the 7
expiration and renewal of declarations of a public 8
health emergency; authorizing an individual to refuse 9
examination, testing, or treatment under a State 10
Health Officer's order during a public health 11
emergency by submitting a written refusal to the State 12
Health Officer; providing that such individuals may 13
not be required to undergo such examination, testing, 14
or treatment; removing the State Health Officer's 15
authority to use any means necessary to treat an 16
individual under certain circumstances; providing an 17
effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
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Section 1. Paragraphs (b) and ( d) of subsection (2) of 22
section 381.00315, Florida Statutes, are amended, and paragraph 23
(e) is added to subsection (1) of that section, to read: 24
381.00315 Public health advisories; public health 25
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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
emergencies; isolation and quarantines. —The State Health Officer 26
is responsible for declaring public health emergencies, issuing 27
public health advisories, and ordering isolation or quarantines. 28
(1) As used in this section, the term: 29
(e) "Treat," "treated," or "treatment" does not include 30
administration of vacc inations. 31
(2) 32
(b) Before declaring a public health emergency, the State 33
Health Officer shall, to the extent possible, consult with the 34
Governor and shall notify the Chief of Domestic Security. The 35
declaration of a public health emergency shall continue until 36
the State Health Officer finds that the threat or danger has 37
been dealt with to the extent that the emergency conditions no 38
longer exist and he or she terminates the declaration. However, 39
1. A declaration of a statewide public health emergency 40
expires may not continue for longer than 60 days after the 41
declaration unless the Governor concurs in the renewal of the 42
declaration, which extends the expiration of the declaration for 43
30 days. Any subsequent renewals must be approved by a two -44
thirds majority vote of each chamber of the Legislature before 45
the declaration expires, with each renewal extending the 46
expiration of the declaration for 60 days. A statewide 47
declaration of a public health emergency automatically 48
terminates if it is not timely renewed be fore its expiration in 49
accordance with this subparagraph . 50
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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
2. A declaration of a public health emergency, other than 51
a statewide declaration, may not continue for longer than 60 52
days unless the Governor concurs in the renewal of the 53
declaration. 54
(d) The State Health Officer, upon declaration of a public 55
health emergency, may take actions that are necessary to protect 56
the public health. Such actions include, but are not limited to: 57
1. Directing manufacturers of prescription drugs or over -58
the-counter drugs who are permitted under chapter 499 and 59
wholesalers of prescription drugs located in this state who are 60
permitted under chapter 499 to give priority to the shipping of 61
specified drugs to pharmacies and health care providers within 62
geographic areas ident ified by the State Health Officer. The 63
State Health Officer must identify the drugs to be shipped. 64
Manufacturers and wholesalers located in this the state must 65
respond to the State Health Officer's priority shipping 66
directive before shipping the specified drugs. 67
2. Notwithstanding chapters 465 and 499 and rules adopted 68
thereunder, directing pharmacists employed by the department to 69
compound bulk prescription drugs and provide these bulk 70
prescription drugs to physicians and nurses of county health 71
departments or any qualified person authorized by the State 72
Health Officer for administration to persons as part of a 73
prophylactic or treatment regimen. 74
3. Notwithstanding s. 456.036, temporarily reactivating 75
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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
the inactive license of the following health care pra ctitioners, 76
when such practitioners are needed to respond to the public 77
health emergency: physicians licensed under chapter 458 or 78
chapter 459; physician assistants licensed under chapter 458 or 79
chapter 459; licensed practical nurses, registered nurses, an d 80
advanced practice registered nurses licensed under part I of 81
chapter 464; respiratory therapists licensed under part V of 82
chapter 468; and emergency medical technicians and paramedics 83
certified under part III of chapter 401. Only those health care 84
practitioners specified in this paragraph who possess an 85
unencumbered inactive license and who request that such license 86
be reactivated are eligible for reactivation. An inactive 87
license that is reactivated under this paragraph returns shall 88
return to inactive status when the public health emergency ends 89
or before the end of the public health emergency if the State 90
Health Officer determines that the health care practitioner is 91
no longer needed to provide services during the public health 92
emergency. Such licenses may only be reactivated for a period 93
not to exceed 90 days without meeting the requirements of s. 94
456.036 or chapter 401, as applicable. 95
4. Ordering an individual to be examined, tested, treated, 96
isolated, or quarantined for communicable diseases that ha ve 97
significant morbidity or mortality and present a severe danger 98
to public health. However, an individual may refuse examination, 99
testing, or treatment for reasons of health, religion, or 100
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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
conscience by submitting a refusal in writing to the State 101
Health Officer. Such individuals may not be required to undergo 102
examination, testing, or treatment but individuals who are 103
unable or unwilling to be examined, tested, or treated for 104
reasons of health, religion, or conscience may be subjected to 105
isolation or quarantine. 106
a. Examination, testing, or treatment may be performed by 107
any qualified person authorized by the State Health Officer. 108
b. If the individual poses a danger to the public health, 109
the State Health Officer may subject the individual to isolation 110
or quarantine. If there is no practical method to isolate or 111
quarantine the individual, the State Health Officer may use any 112
means necessary to treat the individual. 113
c. Any order of the State Health Officer given to 114
effectuate this paragraph is immediate ly enforceable by a law 115
enforcement officer under s. 381.0012. 116
Section 2. This act shall take effect July 1, 2023. 117