Florida Senate - 2024                                     SB 636
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00724-24                                            2024636__
    1                        A bill to be entitled                      
    2         An act relating to exemptions from immunization
    3         requirements; creating s. 381.0029, F.S.; defining
    4         terms; authorizing persons to claim an exemption from
    5         any immunization requirement if a vaccine meeting
    6         specified criteria is not available to fulfill the
    7         requirement; authorizing a person to claim the
    8         exemption on one’s own behalf or on behalf of one’s
    9         child or dependent; prohibiting employers, school
   10         districts, the Department of Health, and certain
   11         public entities from requiring a person to meet any
   12         other conditions to claim the exemption; amending s.
   13         1003.22, F.S.; conforming a provision to changes made
   14         by the act; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 381.0029, Florida Statutes, is created
   19  to read:
   20         381.0029 Limited exemption from required immunizations.—
   21         (1)As used in this section, the term:
   22         (a)“Department” means the Department of Health.
   23         (b)FDA” means the United States Food and Drug
   24  Administration.
   25         (c)“Licensure” means any license, certification, or
   26  registration required by law to practice a profession in this
   27  state.
   28         (2)Notwithstanding any other law, a person who is required
   29  to receive an immunization for any purpose, including as a
   30  condition of employment, school attendance, or licensure, may
   31  claim an exemption from the immunization requirement if there is
   32  no FDA-approved vaccine meeting the following criteria which can
   33  fulfill the immunization requirement:
   34         (a)The pivotal clinical trial the FDA relied upon to
   35  approve the vaccine evaluated its safety for at least 1 year
   36  after it was administered against a control group that received
   37  either a placebo or another FDA-approved vaccine.
   38         (b)The department posts on its website the injuries or
   39  diseases caused by the vaccine and the rate at which each injury
   40  or disease occurs as a result of the vaccine.
   41         (c)The risk of permanent disability or death from the
   42  vaccine has been proven to be less than that caused by the
   43  infection it is intended to prevent.
   44         (d)The vaccine’s manufacturer assumes liability, including
   45  for design defect claims, for any death or injury caused by the
   46  vaccine.
   47         (3)A person may claim the exemption in subsection (2) on
   48  his or her own behalf or on behalf of the person’s child or
   49  dependent. An employer, a school district, the department, or
   50  any other state agency, board, or commission may not require a
   51  person to meet any other condition to claim the exemption.
   52         Section 2. Subsection (5) of section 1003.22, Florida
   53  Statutes, is amended to read:
   54         1003.22 School-entry health examinations; immunization
   55  against communicable diseases; exemptions; duties of Department
   56  of Health.—
   57         (5) The provisions of This section does shall not apply in
   58  the following circumstances if:
   59         (a) The parent of the child objects in writing that the
   60  administration of immunizing agents conflicts with his or her
   61  religious tenets or practices.;
   62         (b) A physician licensed under the provisions of chapter
   63  458 or chapter 459 certifies in writing, on a form approved and
   64  provided by the Department of Health, that the child should be
   65  permanently exempt from the required immunization for medical
   66  reasons stated in writing, based upon valid clinical reasoning
   67  or evidence, demonstrating the need for the permanent
   68  exemption.;
   69         (c) A physician licensed under the provisions of chapter
   70  458, chapter 459, or chapter 460 certifies in writing, on a form
   71  approved and provided by the Department of Health, that the
   72  child has received as many immunizations as are medically
   73  indicated at the time and is in the process of completing
   74  necessary immunizations.;
   75         (d) The Department of Health determines that, according to
   76  recognized standards of medical practice, any required
   77  immunization is unnecessary or hazardous.; or
   78         (e) The parent of the child claims an exemption under s.
   79  381.0029 for an immunization required under this section. The
   80  exemption from the requirements of this section applies only to
   81  the immunization for which the exemption is claimed.
   82         (f) An authorized school official issues a temporary
   83  exemption, for up to 30 school days, to permit a student who
   84  transfers into a new county to attend class until his or her
   85  records can be obtained. Children and youths who are
   86  experiencing homelessness and children who are known to the
   87  department, as defined in s. 39.0016, shall be given a temporary
   88  exemption for 30 school days. The public school health nurse or
   89  authorized private school official is responsible for followup
   90  of each such student until proper documentation or immunizations
   91  are obtained. An exemption for 30 days may be issued for a
   92  student who enters a juvenile justice program to permit the
   93  student to attend class until his or her records can be obtained
   94  or until the immunizations can be obtained. An authorized
   95  juvenile justice official is responsible for followup of each
   96  student who enters a juvenile justice program until proper
   97  documentation or immunizations are obtained.
   98         Section 3. This act shall take effect upon becoming a law.