HB 459 2024 CODING: Words stricken are deletions; words underlined are additions. hb0459-00 Page 1 of 5 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 CODING: Words stricken are deletions; words underlined are additions. hb0459-00 Page 2 of 5 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 CODING: Words stricken are deletions; words underlined are additions. hb0459-00 Page 3 of 5 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 HB 459 2024 CODING: Words stricken are deletions; words underlined are additions. hb0459-00 Page 4 of 5 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 HB 459 2024 CODING: Words stricken are deletions; words underlined are additions. hb0459-00 Page 5 of 5 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