Florida Senate - 2022 SB 1230
By Senator Pizzo
38-01178-22 20221230__
1 A bill to be entitled
2 An act relating to COVID-19 mandates; repealing ss.
3 112.0441, 381.00317, 381.00318, and 381.00319, F.S.,
4 relating to a prohibition on public employee COVID-19
5 vaccination mandates, a prohibition on private
6 employer COVID-19 vaccination mandates, a public
7 records exemption for complaints and investigations
8 regarding private employer COVID-19 vaccination
9 mandates, and a prohibition on COVID-19 vaccination
10 mandates for students, respectively; amending s.
11 1002.20, F.S.; deleting a prohibition on certain
12 facial covering and quarantine mandates in K-12
13 schools; deleting a related right of action for
14 parents and certain students; providing an effective
15 date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 112.0441, Florida Statutes, is repealed.
20 Section 2. Section 381.00317, Florida Statutes, is
21 repealed.
22 Section 3. Section 381.00318, Florida Statutes, is
23 repealed.
24 Section 4. Section 381.00319, Florida Statutes, is
25 repealed.
26 Section 5. Paragraph (n) of subsection (3) of section
27 1002.20, Florida Statutes, is amended to read:
28 1002.20 K-12 student and parent rights.—Parents of public
29 school students must receive accurate and timely information
30 regarding their child’s academic progress and must be informed
31 of ways they can help their child to succeed in school. K-12
32 students and their parents are afforded numerous statutory
33 rights including, but not limited to, the following:
34 (3) HEALTH ISSUES.—
35 (n) Face covering mandates and quarantine mandates in
36 response to COVID-19.—
37 1. A district school board, a district school
38 superintendent, an elected or appointed local official, or any
39 district school board employee may not:
40 a. Require a student to wear a face mask, a face shield, or
41 any other facial covering that fits over the mouth or nose.
42 However, a parent, at the parent’s sole discretion, may allow
43 his or her child to wear a face mask, a face shield, or any
44 other facial covering that fits over the mouth or nose. This
45 prohibition does not apply to safety equipment required as part
46 of a course of study consistent with occupational or laboratory
47 safety requirements.
48 b. Prohibit a student from attending school or school
49 sponsored activities, prohibit a student from being on school
50 property, or subject a student to restrictions or disparate
51 treatment, based on an exposure to COVID-19, so long as the
52 student remains asymptomatic and has not received a positive
53 test for COVID-19 as defined in s. 381.00317(1).
54
55 A parent of a student, a student who is an emancipated minor, or
56 a student who is 18 years of age or older may bring an action
57 against the school district to obtain a declaratory judgment
58 that an act or practice violates this subparagraph and to seek
59 injunctive relief. A prevailing parent or student, as
60 applicable, must be awarded reasonable attorney fees and court
61 costs.
62 2. A district school board, a district school
63 superintendent, an elected or appointed local official, or any
64 school district employee may not prohibit an employee from
65 returning to work or subject an employee to restrictions or
66 disparate treatment based on an exposure to COVID-19 so long as
67 the employee remains asymptomatic and has not received a
68 positive test for COVID-19 as defined in s. 381.00317(1).
69 3. This paragraph expires June 1, 2023.
70 Section 6. This act shall take effect upon becoming a law.