HB 459 2024
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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 those terms 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 individual may not 13
be required to undergo such examination, testing, or 14
treatment; deleting the State Health Officer's 15
authority to use any means necessary to treat an 16
individual under certain circumstances; prohibiting 17
certain closures or alterations to election 18
procedures; requiring due process on a case -by-case 19
basis to allow actions that affect entire groups or 20
communities; providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Paragraphs (b) and (d) of subsection (2) of 25
HB 459 2024
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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
section 381.00315, Florida Statutes, are amended, a nd paragraph 26
(e) is added to subsection (1) of that section, to read: 27
381.00315 Public health advisories; public health 28
emergencies; isolation and quarantines. —The State Health Officer 29
is responsible for declaring public health emergencies, issuing 30
public health advisories, and ordering isolation or quarantines. 31
(1) As used in this section, the term: 32
(e) "Treat," "treated," or "treatment" does not include 33
the administration of vaccinations. 34
(2) 35
(b) Before declaring a public health emergency, the St ate 36
Health Officer shall, to the extent possible, consult with the 37
Governor and shall notify the Chief of Domestic Security. The 38
declaration of a public health emergency shall continue until 39
the State Health Officer finds that the threat or danger has 40
been dealt with to the extent that the emergency conditions no 41
longer exist and he or she terminates the declaration. However, 42
A declaration of a public health emergency expires may not 43
continue for longer than 60 days after the declaration unless 44
the Governor concurs in the renewal of the declaration , which 45
extends the expiration of the declaration for 30 days. Any 46
subsequent renewals must be approved by a two -thirds majority 47
vote of each chamber of the Legislature before the declaration 48
expires, with each ren ewal extending the expiration of the 49
declaration for 30 days. A declaration of a public health 50
HB 459 2024
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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
emergency automatically terminates if it is not timely renewed 51
before its expiration in accordance with this paragraph . 52
(d) The State Health Officer, upon decl aration of a public 53
health emergency, may take actions that are necessary to protect 54
the public health. Such actions include, but are not limited to: 55
1. Directing manufacturers of prescription drugs or over -56
the-counter drugs who are permitted under chapt er 499 and 57
wholesalers of prescription drugs located in this state who are 58
permitted under chapter 499 to give priority to the shipping of 59
specified drugs to pharmacies and health care providers within 60
geographic areas identified by the State Health Office r. The 61
State Health Officer must identify the drugs to be shipped. 62
Manufacturers and wholesalers located in this the state must 63
respond to the State Health Officer's priority shipping 64
directive before shipping the specified drugs. 65
2. Notwithstanding chap ters 465 and 499 and rules adopted 66
thereunder, directing pharmacists employed by the department to 67
compound bulk prescription drugs and provide these bulk 68
prescription drugs to physicians and nurses of county health 69
departments or any qualified person auth orized by the State 70
Health Officer for administration to persons as part of a 71
prophylactic or treatment regimen. 72
3. Notwithstanding s. 456.036, temporarily reactivating 73
the inactive license of the following health care practitioners, 74
when such practition ers are needed to respond to the public 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
health emergency: physicians licensed under chapter 458 or 76
chapter 459; physician assistants licensed under chapter 458 or 77
chapter 459; licensed practical nurses, registered nurses, and 78
advanced practice registered n urses licensed under part I of 79
chapter 464; respiratory therapists licensed under part V of 80
chapter 468; and emergency medical technicians and paramedics 81
certified under part III of chapter 401. Only those health care 82
practitioners specified in this paragr aph who possess an 83
unencumbered inactive license and who request that such license 84
be reactivated are eligible for reactivation. An inactive 85
license that is reactivated under this paragraph returns shall 86
return to inactive status when the public health eme rgency ends, 87
or before the end of the public health emergency if the State 88
Health Officer determines that the health care practitioner is 89
no longer needed to provide services during the public health 90
emergency. Such licenses may only be reactivated for a p eriod 91
not to exceed 90 days without meeting the requirements of s. 92
456.036 or chapter 401, as applicable. 93
4. Ordering an individual to be examined, tested, treated, 94
isolated, or quarantined for communicable diseases that have 95
significant morbidity or mor tality and present a severe danger 96
to public health. However, an individual may refuse examination, 97
testing, or treatment for reasons of health, religion, or 98
conscience by submitting a refusal in writing to the State 99
Health Officer. Such individuals may not be required to undergo 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
examination, testing, or treatment but who are unable or 101
unwilling to be examined, tested, or treated for reasons of 102
health, religion, or conscience may be subjected to isolation or 103
quarantine. 104
a. Examination, testing, or treatme nt may be performed by 105
any qualified person authorized by the State Health Officer. 106
b. If the individual poses a danger to the public health, 107
the State Health Officer may subject the individual to isolation 108
or quarantine. If there is no practical method to isolate or 109
quarantine the individual, the State Health Officer may use any 110
means necessary to treat the individual. 111
c. Any order of the State Health Officer given to 112
effectuate this paragraph is immediately enforceable by a law 113
enforcement officer und er s. 381.0012. 114
d. Closures of churches, businesses, government buildings 115
and services, schools, groups of private residences, and public 116
domains, and altering elections procedures and protocols, are 117
prohibited. Any such actions that affect entire groups or 118
communities must be authorized on a case-by-case basis with each 119
case being afforded all rights of due process. 120
Section 2. This act shall take effect July 1, 2024. 121