Florida 2024 Regular Session

Florida House Bill H0459 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 459 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to declarations of a public health 2
16	16	emergency; amending s. 381.00315, F.S.; providing that 3
17	17	the administration of vaccines is not included within 4
18	18	the meaning of the terms "treat," "treated," or 5
19	19	"treatment" as those terms relate to public health 6
20	20	emergencies; revising provisions related to the 7
21	21	expiration and renewal of declarations of a public 8
22	22	health emergency; authorizing an individual to refuse 9
23	23	examination, testing, or treatment under a State 10
24	24	Health Officer's order during a public health 11
25	25	emergency by submitting a written refusal to the State 12
26	26	Health Officer; providing that such individual may not 13
27	27	be required to undergo such examination, testing, or 14
28	28	treatment; deleting the State Health Officer's 15
29	29	authority to use any means necessary to treat an 16
30	30	individual under certain circumstances; prohibiting 17
31	31	certain closures or alterations to election 18
32	32	procedures; requiring due process on a case -by-case 19
33	33	basis to allow actions that affect entire groups or 20
34	34	communities; providing an effective date. 21
35	35	22
36	36	Be It Enacted by the Legislature of the State of Florida: 23
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38	38	Section 1. Paragraphs (b) and (d) of subsection (2) of 25
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47	47	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
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51	51	section 381.00315, Florida Statutes, are amended, a nd paragraph 26
52	52	(e) is added to subsection (1) of that section, to read: 27
53	53	381.00315 Public health advisories; public health 28
54	54	emergencies; isolation and quarantines. —The State Health Officer 29
55	55	is responsible for declaring public health emergencies, issuing 30
56	56	public health advisories, and ordering isolation or quarantines. 31
57	57	(1) As used in this section, the term: 32
58	58	(e) "Treat," "treated," or "treatment" does not include 33
59	59	the administration of vaccinations. 34
60	60	(2) 35
61	61	(b) Before declaring a public health emergency, the St ate 36
62	62	Health Officer shall, to the extent possible, consult with the 37
63	63	Governor and shall notify the Chief of Domestic Security. The 38
64	64	declaration of a public health emergency shall continue until 39
65	65	the State Health Officer finds that the threat or danger has 40
66	66	been dealt with to the extent that the emergency conditions no 41
67	67	longer exist and he or she terminates the declaration. However, 42
68	68	A declaration of a public health emergency expires may not 43
69	69	continue for longer than 60 days after the declaration unless 44
70	70	the Governor concurs in the renewal of the declaration , which 45
71	71	extends the expiration of the declaration for 30 days. Any 46
72	72	subsequent renewals must be approved by a two -thirds majority 47
73	73	vote of each chamber of the Legislature before the declaration 48
74	74	expires, with each ren ewal extending the expiration of the 49
75	75	declaration for 30 days. A declaration of a public health 50
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84	84	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
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88	88	emergency automatically terminates if it is not timely renewed 51
89	89	before its expiration in accordance with this paragraph . 52
90	90	(d) The State Health Officer, upon decl aration of a public 53
91	91	health emergency, may take actions that are necessary to protect 54
92	92	the public health. Such actions include, but are not limited to: 55
93	93	1. Directing manufacturers of prescription drugs or over -56
94	94	the-counter drugs who are permitted under chapt er 499 and 57
95	95	wholesalers of prescription drugs located in this state who are 58
96	96	permitted under chapter 499 to give priority to the shipping of 59
97	97	specified drugs to pharmacies and health care providers within 60
98	98	geographic areas identified by the State Health Office r. The 61
99	99	State Health Officer must identify the drugs to be shipped. 62
100	100	Manufacturers and wholesalers located in this the state must 63
101	101	respond to the State Health Officer's priority shipping 64
102	102	directive before shipping the specified drugs. 65
103	103	2. Notwithstanding chap ters 465 and 499 and rules adopted 66
104	104	thereunder, directing pharmacists employed by the department to 67
105	105	compound bulk prescription drugs and provide these bulk 68
106	106	prescription drugs to physicians and nurses of county health 69
107	107	departments or any qualified person auth orized by the State 70
108	108	Health Officer for administration to persons as part of a 71
109	109	prophylactic or treatment regimen. 72
110	110	3. Notwithstanding s. 456.036, temporarily reactivating 73
111	111	the inactive license of the following health care practitioners, 74
112	112	when such practition ers are needed to respond to the public 75
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121	121	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
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125	125	health emergency: physicians licensed under chapter 458 or 76
126	126	chapter 459; physician assistants licensed under chapter 458 or 77
127	127	chapter 459; licensed practical nurses, registered nurses, and 78
128	128	advanced practice registered n urses licensed under part I of 79
129	129	chapter 464; respiratory therapists licensed under part V of 80
130	130	chapter 468; and emergency medical technicians and paramedics 81
131	131	certified under part III of chapter 401. Only those health care 82
132	132	practitioners specified in this paragr aph who possess an 83
133	133	unencumbered inactive license and who request that such license 84
134	134	be reactivated are eligible for reactivation. An inactive 85
135	135	license that is reactivated under this paragraph returns shall 86
136	136	return to inactive status when the public health eme rgency ends, 87
137	137	or before the end of the public health emergency if the State 88
138	138	Health Officer determines that the health care practitioner is 89
139	139	no longer needed to provide services during the public health 90
140	140	emergency. Such licenses may only be reactivated for a p eriod 91
141	141	not to exceed 90 days without meeting the requirements of s. 92
142	142	456.036 or chapter 401, as applicable. 93
143	143	4. Ordering an individual to be examined, tested, treated, 94
144	144	isolated, or quarantined for communicable diseases that have 95
145	145	significant morbidity or mor tality and present a severe danger 96
146	146	to public health. However, an individual may refuse examination, 97
147	147	testing, or treatment for reasons of health, religion, or 98
148	148	conscience by submitting a refusal in writing to the State 99
149	149	Health Officer. Such individuals may not be required to undergo 100
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158	158	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
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162	162	examination, testing, or treatment but who are unable or 101
163	163	unwilling to be examined, tested, or treated for reasons of 102
164	164	health, religion, or conscience may be subjected to isolation or 103
165	165	quarantine. 104
166	166	a. Examination, testing, or treatme nt may be performed by 105
167	167	any qualified person authorized by the State Health Officer. 106
168	168	b. If the individual poses a danger to the public health, 107
169	169	the State Health Officer may subject the individual to isolation 108
170	170	or quarantine. If there is no practical method to isolate or 109
171	171	quarantine the individual, the State Health Officer may use any 110
172	172	means necessary to treat the individual. 111
173	173	c. Any order of the State Health Officer given to 112
174	174	effectuate this paragraph is immediately enforceable by a law 113
175	175	enforcement officer und er s. 381.0012. 114
176	176	d. Closures of churches, businesses, government buildings 115
177	177	and services, schools, groups of private residences, and public 116
178	178	domains, and altering elections procedures and protocols, are 117
179	179	prohibited. Any such actions that affect entire groups or 118
180	180	communities must be authorized on a case-by-case basis with each 119
181	181	case being afforded all rights of due process. 120
182	182	Section 2. This act shall take effect July 1, 2024. 121