381.00319 Prohibition on mask mandates and vaccination and testing mandates for educational institutions.
641 words·~3 min read·
/fl/title-xxix/chapter-381/381-00319A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For purposes of this section, the term:
(a)“COVID-19” has the same meaning as in s. 381.00316 .
(b)“COVID-19 vaccine” has the same meaning as in s. 381.00316 .
(c)“Educational institution” means a public or private school, including a preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school.
(d)“Emergency use authorization vaccine” has the same meaning as in s. 381.00316 .
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(e)“Messenger ribonucleic acid vaccine” has the same meaning as in s. 381.00316 .
(2)(a) An educational institution may not impose a mandate on any person requiring vaccination with any vaccine defined under subsection (1).
(b)An educational institution in this state may not require any person to provide any documentation certifying vaccination with any vaccine defined under subsection
(1)or postinfection recovery from COVID-19, or require a COVID-19 test, to gain admission or access to, entry upon, or service from the educational institution or as a condition of contracting, hiring, promotion, or continued employment with the educational institution. An educational institution may not discharge or refuse to hire a person; deprive or attempt to deprive a person of employment opportunities; adversely affect a person’s status as an employee or as an applicant for employment; or otherwise discriminate against a person based on knowledge or belief of the person’s status relating to vaccination with any vaccine defined under subsection
(1)or COVID-19 postinfection recovery, or a person’s failure to take a COVID-19 test.
(c)For matters relating to vaccines other than those defined under subsection (1), an educational institution shall provide for exemptions and reasonable accommodations for religious and medical reasons in accordance with federal law.
(3)(a) An educational institution may not require a person to wear a face mask, a face shield, or any other facial covering that covers the mouth and nose. An educational institution may not deny any person access to, entry upon, service from, or admission to such educational institution or otherwise discriminate against a person based on such person’s refusal to wear a face mask, a face shield, or any other facial covering that covers the mouth and nose.
(b)Paragraph
(a)does not apply to:
1. A health care provider or health care practitioner as those terms are defined in s. 408.824 , provided such health care provider or health care practitioner is in compliance with that section.
2. An educational institution when a face mask, a face shield, or any other facial covering that covers the mouth and nose is used as required safety equipment in a course of study consistent with occupational or laboratory safety requirements, in accordance with standards adopted by the Department of Health. The Department of Health shall adopt emergency rules to develop such standards. Emergency rules adopted under this subparagraph are exempt from s. 120.54 (4)(c) and shall remain in effect until replaced by rules adopted under the nonemergency rulemaking procedures of the Administrative Procedure Act.
(4)(a) Notwithstanding s. 768.39 , the Department of Health may impose an administrative fine not to exceed $5,000 for each individual and separate violation of this section.
(b)For the purpose of conducting an investigation or a proceeding, the Department of Health may administer oaths; take depositions; make inspections when authorized by law; issue subpoenas supported by affidavit; serve subpoenas and other process; and compel the attendance of witnesses and the production of books, papers, documents, and other evidence. Challenges to and enforcement of subpoenas or orders shall be in accordance with s. 120.569 .
(c)Fines collected pursuant to this section must be deposited in the General Revenue Fund.
(5)This section does not limit the right of the person aggrieved by a violation of this section to recover damages or other relief under any other applicable law.
(6)The Department of Health may adopt rules to implement this section.