CHAPTER 381

381.001 Public health system. The Department of Health is responsible for the state’s public health system which shall be designed to promote, protect, and improve the health of all people in the state. The department shall provide leadership for an active partnership working toward shared public health goals and involving federal, state, and local governments and the private sector. It is the intent of the Legislature that the department provide public health services through the 67 county health departments in partnership with county governments, as specified in part I of chapter 154, and in so doing make every attempt possible to solicit the support and involvement of private and not-for-profit health care agencies in fulfilling the public health mission. History. — s. 2, ch. 91-297; s. 28, ch. 97-101; s. 7, ch. 2006-261; s. 6, ch. 2012-184. 381.0011 Duties and powers of the Department of Health. It is the duty of the Department of Health to: (1) Assess the public health status and needs of the state. (2) Administer and enforce laws and rules relating to sanitation, control of communicable diseases, illnesses and hazards to health among humans and from animals to humans, and the general health of the people of the state. (3) Coordinate with federal, state, and local officials for the prevention and suppression of communicable and other diseases, illnesses, injuries, and hazards to human health. (4) Provide for a thorough investigation and study of the incidence, causes, modes of propagation and transmission, and means of prevention, control, and cure of diseases, illnesses, and hazards to human health. (5) Provide for the dissemination of information to the public relative to the prevention, control, and cure of diseases, illnesses, and hazards to human health. (6) Act as registrar of vital statistics. (7) Manage and coordinate emergency preparedness and disaster response functions to: investigate and control the spread of disease; coordinate the availability and staffing of special needs shelters; support patient evacuation; ensure the safety of food and drugs; provide critical incident stress debriefing; and provide surveillance and control of radiological, chemical, biological, and other environmental hazards. History. — s. 3, ch. 91-297; s. 13, ch. 93-53; s. 29, ch. 97-101; s. 2, ch. 98-151; s. 94, ch. 98-200; s. 6, ch. 2000-367; s. 1, ch. 2002-269; s. 5, ch. 2004-350; s. 92, ch. 2010-102; s. 16, ch. 2010-161; s. 7, ch. 2012-184. 381.0012 Enforcement authority. (1) The department may commence and maintain all proper and necessary actions and proceedings to enforce the rules adopted pursuant to this chapter and may defend all actions and proceedings involving the department’s powers and duties. (2) The department may apply for an injunction to the proper circuit court, and the judge of that court upon hearing and for cause shown may grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter or from failing or refusing to comply with the requirements of this chapter. A permanent injunction may be issued without bond. However, a temporary injunction may not be issued without bond except after a hearing of which the respondent has been given not less than 7 days’ prior notice. A temporary injunction may not be issued without bond which limits or prevents operations of an industrial, manufacturing, or processing plant, unless at the hearing, it is shown by clear, certain, and convincing evidence that irreparable injury will result to the public from the failure to issue the temporary injunction. If a temporary injunction or restraining order is improperly or erroneously granted, the state is liable in damages and to the extent provided for in chapter 768. (3) The department may commence and maintain all proper and necessary actions and proceedings to compel the performance of any act specifically required of any person, officer, or board by any law of this state relating to public health. (4) The department may appear before any trial court judge empowered to issue warrants in criminal cases and request the issuance of a warrant. The trial court judge shall issue a warrant directed to any sheriff, deputy, or police officer to assist in any way to carry out the purpose and intent of this chapter. (5) It shall be the duty of every state and county attorney, sheriff, police officer, and other appropriate city and county officials upon request to assist the department or any of its agents in enforcing the state health laws, rules, and orders adopted under this chapter. History. — s. 4, ch. 91-297; s. 9, ch. 2004-11; s. 1, ch. 2015-120. 381.0016 County and municipal regulations and ordinances. Any county or municipality may enact, in a manner prescribed by law, health regulations and ordinances not inconsistent with state public health laws and rules adopted by the department. History. — s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106; s. 59, ch. 77-147; s. 8, ch. 91-297; s. 11, ch. 2012-184. Note. — Former s. 381.101. 381.0018 Application for and acceptance of gifts or grants. The department may apply for and accept any funds, grants, gifts, or services made available to it by any agency or department of the Federal Government or any other agency or private individual in aid of any present or future health program undertaken, maintained, or proposed. All moneys received under the provision of this section shall be deposited in the State Treasury and shall be disbursed in the same manner as other funds of the department. History. — s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106; s. 65, ch. 77-147; s. 10, ch. 91-297. Note. — Former s. 381.201. 381.0019 Disposition of equipment and material; transfers to county health departments. When the department purchases equipment and materials in furtherance of its public health programs from state or federal or state and federal funds for primary use and location in a county health department of this state, it is authorized to transfer title to such equipment and materials to the board of county commissioners of the county where the county health department is located, unless otherwise prohibited by federal or state law, rule, or regulation. All property so transferred shall be accounted for as provided in chapter 274. History. — s. 2, ch. 29834, 1955; s. 2, ch. 61-46; ss. 19, 35, ch. 69-106; s. 127, ch. 77-104; s. 11, ch. 91-297; s. 30, ch. 97-101. Note. — Former s. 381.211. 381.002 Grant of title to prescriptive medical personal property to client. Legal title to prescriptive medical personal property purchased by the department for the use or benefit of a particular client of the department may, pursuant to rules adopted by the department, be granted to such client. Such property is not subject to the requirements of chapter 273. History. — s. 1, ch. 85-186; s. 12, ch. 91-297. Note. — Former s. 381.213. 381.0021 Client welfare accounts. The Department of Health may establish one or more client welfare accounts in any bank, savings and loan association, or credit union. If one account is created, separate revenue and expense accounts shall be maintained in the department’s accounting system for each client, program, facility, or institution. Funds to be deposited in the account shall consist of client funds, private donations, and revenue from any auxiliary, canteen, or similar endeavor in a department program, facility, or institution. The interest or increment accruing on such funds shall be the property of the client when such funds are deposited on behalf of a client. Nonclient funds shall be used for the benefit, education, and general welfare of clients. The general welfare of clients includes, but is not limited to, the establishment of, maintenance of, employment of personnel for, and the purchase of items for resale at canteens or through vending machines maintained by a department program, facility, or institution and for programs and activities that benefit clients such as canteens; hobby shops; recreational, entertainment, or activity centers; or similar programs. History. — s. 18, ch. 97-237. 381.0022 Sharing confidential or exempt information. (1) Notwithstanding any other provision of law to the contrary, the Department of Health and the Department of Children and Families may share confidential information or information exempt from disclosure under chapter 119 on any individual who is or has been the subject of a program within the jurisdiction of each agency. Information so exchanged remains confidential or exempt as provided by law. (2) Notwithstanding any other provision of law to the contrary, the Department of Health may share confidential information or information exempt from disclosure under chapter 119 on any individual who is or has been a Medicaid recipient and is or was the subject of a program within the jurisdiction of the Department of Health, for the purpose of requesting, receiving, or auditing payment for services. Information so exchanged remains confidential or exempt as provided by law. History. — s. 18, ch. 98-191; s. 55, ch. 99-397; s. 62, ch. 2014-19. 381.003 Communicable disease and AIDS prevention and control. (1) The department shall conduct a communicable disease prevention and control program as part of fulfilling its public health mission. A communicable disease is any disease caused by transmission of a specific infectious agent, or its toxic products, from an infected person, an infected animal, or the environment to a susceptible host, either directly or indirectly. The communicable disease program must include, but need not be limited to: (a) Programs for the prevention and control of tuberculosis in accordance with chapter 392. (b) Programs for the prevention and control of human immunodeficiency virus infection and acquired immune deficiency syndrome in accordance with chapter 384 and this chapter. (c) Programs for the prevention and control of sexually transmissible diseases in accordance with chapter 384. (d) Programs for the prevention, control, and reporting of communicable diseases of public health significance as provided for in this chapter. (e) Programs for the prevention and control of vaccine-preventable diseases, including programs to immunize school children as required by s. 1003.22(3)-(11) and the development of an automated, electronic, and centralized database and registry of immunizations. The department shall ensure that all children in this state are immunized against vaccine-preventable diseases. The immunization registry must allow the department to enhance current immunization activities for the purpose of improving the immunization of all children in this state. 1. Except as provided in subparagraph 2., the department shall include all children born in this state in the immunization registry by using the birth records from the Office of Vital Statistics. The department shall add other children to the registry as immunization services are provided. 2. The parent or guardian of a child may refuse to have the child included in the immunization registry by signing a form obtained from the department, or from the health care practitioner or entity that provides the immunization, which indicates that the parent or guardian does not wish to have the child included in the immunization registry. Each consent to treatment form provided by a health care practitioner or by an entity that administers vaccinations or causes vaccinations to be administered to children from birth through 17 years of age must contain a notice stating that the parent or guardian of a child may refuse to have his or her child included in the immunization registry. The parent or guardian must provide such opt-out form to the health care practitioner or entity upon administration of the vaccination. Such health care practitioner or entity shall submit the form to the department. A parent or guardian may submit the opt-out form directly to the department. Any records or identifying information pertaining to the child shall be removed from the registry, if the parent or guardian has refused to have his or her child included in the immunization registry. 3. A college or university student, from 18 years of age to 23 years of age, who obtains a vaccination from a college or university student health center or clinic in the state may refuse to be included in the immunization registry by signing a form obtained from the department, health center, or clinic which indicates that the student does not wish to be included in the immunization registry. The student must provide such opt-out form to the health center or clinic upon administration of the vaccination. Such health center or clinic shall submit the form to the department. A student may submit the opt-out form directly to the department. Any records or identifying information pertaining to the student shall be removed from the registry if the student has refused to be included in the immunization registry. 4. The immunization registry shall allow for immunization records to be electronically available to entities that are required by law to have such records, including, but not limited to, schools and licensed child care facilities. 5. A health care practitioner licensed under chapter 458, chapter 459, or chapter 464 in this state who administers vaccinations or causes vaccinations to be administered to children from birth through 17 years of age is required to report vaccination data to the immunization registry, unless a parent or guardian of a child has refused to have the child included in the immunization registry by meeting the requirements of subparagraph 2. A health care practitioner licensed under chapter 458, chapter 459, or chapter 464 in this state who administers vaccinations or causes vaccinations to be administered to college or university students from 18 years of age to 23 years of age at a college or university student health center or clinic is required to report vaccination data to the immunization registry, unless the student has refused to be included in the immunization registry by meeting the requirements of subparagraph 3. Vaccination data for students in other age ranges may be submitted to the immunization registry only if the student consents to inclusion in the immunization registry. The upload of data from existing automated systems is an acceptable method for updating immunization information in the immunization registry. The information in the immunization registry must include the child’s name, date of birth, address, and any other unique identifier necessary to correctly identify the child; the immunization record, including the date, type of administered vaccine, and vaccine lot number; and the presence or absence of any adverse reaction or contraindication related to the immunization. Information received by the department for the immunization registry retains its status as confidential medical information and the department must maintain the confidentiality of that information as otherwise required by law. A health care practitioner or other agency that obtains information from the immunization registry must maintain the confidentiality of any medical records in accordance with s. 456.057 or as otherwise required by law. (2) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section. History. — s. 14, ch. 91-297; s. 3, ch. 98-151; s. 3, ch. 2000-242; s. 7, ch. 2000-367; s. 16, ch. 2001-62; s. 974, ch. 2002-387; s. 14, ch. 2012-184; s. 1, ch. 2019-107. 381.0031 Epidemiological research; report of diseases of public health significance to department. (1) The department may conduct studies concerning the epidemiology of diseases of public health significance affecting people in Florida. (2) Any practitioner licensed in this state to practice medicine, osteopathic medicine, chiropractic medicine, naturopathy, or veterinary medicine; any licensed pharmacist authorized under a protocol with a supervising physician under s. 465.1895, or a collaborative pharmacy practice agreement, as defined in s. 465.1865, to perform or order and evaluate laboratory and clinical tests; any hospital licensed under part I of chapter 395; or any laboratory appropriately certified by the Centers for Medicare and Medicaid Services under the federal Clinical Laboratory Improvement Amendments and the federal rules adopted thereunder which diagnoses or suspects the existence of a disease of public health significance shall immediately report the fact to the Department of Health. (3) An animal control officer operating under s. 828.27, a wildlife officer operating under s. 379.3311, or an animal disease laboratory operating under s. 585.61 shall report knowledge of any animal bite, diagnosis of disease in an animal, or suspicion of a grouping or clustering of animals having similar disease, symptoms, or syndromes that may indicate the presence of a threat to humans. (4) The department shall periodically issue a list of infectious or noninfectious diseases determined by it to be a threat to public health and therefore of significance to public health and shall furnish a copy of the list to the practitioners listed in subsection (2). The list shall be based on the diseases recommended to be nationally notifiable by the Council of State and Territorial Epidemiologists and the Centers for Disease Control and Prevention. The department may expand upon the list if a disease emerges for which regular, frequent, and timely information regarding individual cases is considered necessary for the prevention and control of a disease specific to Florida. (5) Reports required by this section must be in accordance with methods specified by rule of the department. (6) Information submitted in reports required by this section is confidential, exempt from the provisions of s. 119.07(1), and is to be made public only when necessary to public health. A report so submitted is not a violation of the confidential relationship between practitioner and patient. (7) The department may obtain and inspect copies of medical records, records of laboratory tests, and other medical-related information for reported cases of diseases of public health significance described in subsection (4). The department shall examine the records of a person who has a disease of public health significance only for purposes of preventing and eliminating outbreaks of disease and making epidemiological investigations of reported cases of diseases of public health significance, notwithstanding any other law to the contrary. Health care practitioners, licensed health care facilities, and laboratories shall allow the department to inspect and obtain copies of such medical records and medical-related information, notwithstanding any other law to the contrary. Release of medical records and medical-related information to the department by a health care practitioner, licensed health care facility, or laboratory, or by an authorized employee or agent thereof, does not constitute a violation of the confidentiality of patient records. A health care practitioner, health care facility, or laboratory, or any employee or agent thereof, may not be held liable in any manner for damages and is not subject to criminal penalties for providing patient records to the department as authorized by this section. (8) The department may adopt rules related to reporting diseases of significance to public health, which must specify the information to be included in the report, who is required to report, the method and time period for reporting, requirements for enforcement, and required followup activities by the department which are necessary to protect public health. (9) This section does not affect s. 384.25. History. — s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106; s. 67, ch. 77-147; s. 4, ch. 89-311; s. 2, ch. 90-347; s. 15, ch. 91-297; s. 2, ch. 95-188; s. 184, ch. 96-406; s. 175, ch. 97-101; s. 4, ch. 98-151; s. 252, ch. 98-166; s. 8, ch. 2000-367; s. 1, ch. 2012-173; s. 15, ch. 2012-184; s. 6, ch. 2018-24; s. 1, ch. 2020-7. Note. — Former s. 381.231. 381.00315 Public health advisories; public health emergencies; isolation and quarantines. The State Health Officer is responsible for declaring public health emergencies, issuing public health advisories, and ordering isolation or quarantines. (1) As used in this section, the term: (a) “Isolation” means the separation of an individual who is reasonably believed to be infected with a communicable disease from individuals who are not infected, to prevent the possible spread of the disease. (b) “Public health advisory” means any warning or report giving information to the public about a potential public health threat. Before issuing any public health advisory, the State Health Officer must consult with any state or local agency regarding areas of responsibility which may be affected by such advisory. Upon determining that issuing a public health advisory is necessary to protect the public health and safety, and prior to issuing the advisory, the State Health Officer must notify each county health department within the area which is affected by the advisory of the State Health Officer’s intent to issue the advisory. The State Health Officer is authorized to take any action appropriate to enforce any public health advisory. (c) “Public health emergency” means any occurrence, or threat thereof, whether natural or manmade, which results or may result in substantial injury or harm to the public health from infectious disease, chemical agents, nuclear agents, biological toxins, or situations involving mass casualties or natural disasters. (d) “Quarantine” means the separation of an individual reasonably believed to have been exposed to a communicable disease, but who is not yet ill, from individuals who have not been so exposed, to prevent the possible spread of the disease. (2)(a) The department shall prepare and maintain a state public health emergency management plan to serve as a comprehensive guide to public health emergency response in this state. The department shall develop the plan in collaboration with the Division of Emergency Management, other executive agencies with functions relevant to public health emergencies, district medical examiners, and national and state public health experts and ensure that it integrates and coordinates with the public health emergency management plans and programs of the Federal Government. The plan must address each element of public health emergency planning and incorporate public health and epidemiological best practices to ensure that the state is prepared for every foreseeable public health emergency. The plan must include an assessment of state and local public health infrastructure, including information systems, physical plant, commodities, and human resources, and an analysis of the infrastructure necessary to achieve the level of readiness proposed by the plan for short-term and long-term public emergencies. Beginning July 1, 2022, the department shall submit the plan to the Division of Emergency Management for inclusion in the state comprehensive emergency management plan pursuant to s. 252.35. The department shall review the plan after the declared end of each public health emergency, and, in any event, at least every 5 years, and update its terms as necessary to ensure continuous planning. (b) Before declaring a public health emergency, the State Health Officer shall, to the extent possible, consult with the Governor and shall notify the Chief of Domestic Security. The declaration of a public health emergency shall continue until the State Health Officer finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and he or she terminates the declaration. However, a declaration of a public health emergency may not continue for longer than 60 days unless the Governor concurs in the renewal of the declaration. (c) The State Health Officer, upon declaration of a public health emergency, shall establish by order the method and procedure for identifying and reporting cases and deaths involving the infectious disease or other occurrence identified as the basis for the declared public health emergency. The method and procedure must be consistent with any standards developed by the Federal Government specific to the declared emergency or, if federal standards do not exist, must be consistent with public health best practices as identified by the State Health Officer. During the pendency of a public health emergency, the department is the sole entity responsible for the collection and official reporting and publication of cases and deaths. The State Health Officer, by order or emergency rule, may ensure necessary assistance from licensed health care providers in carrying out this function and may request the assistance of district medical examiners in performing this function. (d) The State Health Officer, upon declaration of a public health emergency, may take actions that are necessary to protect the public health. Such actions include, but are not limited to: 1. Directing manufacturers of prescription drugs or over-the-counter drugs who are permitted under chapter 499 and wholesalers of prescription drugs located in this state who are permitted under chapter 499 to give priority to the shipping of specified drugs to pharmacies and health care providers within geographic areas identified by the State Health Officer. The State Health Officer must identify the drugs to be shipped. Manufacturers and wholesalers located in the state must respond to the State Health Officer’s priority shipping directive before shipping the specified drugs. 2. Notwithstanding chapters 465 and 499 and rules adopted thereunder, directing pharmacists employed by the department to compound bulk prescription drugs and provide these bulk prescription drugs to physicians and nurses of county health departments or any qualified person authorized by the State Health Officer for administration to persons as part of a prophylactic or treatment regimen. 3. Notwithstanding s. 456.036, temporarily reactivating the inactive license of the following health care practitioners, when such practitioners are needed to respond to the public health emergency: physicians licensed under chapter 458 or chapter 459; physician assistants licensed under chapter 458 or chapter 459; licensed practical nurses, registered nurses, and advanced practice registered nurses licensed under part I of chapter 464; respiratory therapists licensed under part V of chapter 468; and emergency medical technicians and paramedics certified under part III of chapter 401. Only those health care practitioners specified in this paragraph who possess an unencumbered inactive license and who request that such license be reactivated are eligible for reactivation. An inactive license that is reactivated under this paragraph shall return to inactive status when the public health emergency ends or before the end of the public health emergency if the State Health Officer determines that the health care practitioner is no longer needed to provide services during the public health emergency. Such licenses may only be reactivated for a period not to exceed 90 days without meeting the requirements of s. 456.036 or chapter 401, as applicable. 4. Ordering an individual to be examined, tested, treated, isolated, or quarantined for communicable diseases that have significant morbidity or mortality and present a severe danger to public health. Individuals who are unable or unwilling to be examined, tested, or treated for reasons of health, religion, or conscience may be subjected to isolation or quarantine. a. Examination, testing, or treatment may be performed by any qualified person authorized by the State Health Officer. b. If the individual poses a danger to the public health, the State Health Officer may subject the individual to isolation or quarantine. If there is no practical method to isolate or quarantine the individual, the State Health Officer may use any means necessary to treat the individual. c. Any order of the State Health Officer given to effectuate this paragraph is immediately enforceable by a law enforcement officer under s. 381.0012. (e) Individuals who assist the State Health Officer at his or her request on a volunteer basis during a public health emergency are entitled to the benefits specified in s. 110.504(2), (3), (4), and (5). (3) To facilitate effective emergency management, when the United States Department of Health and Human Services contracts for the manufacture and delivery of licensable products in response to a public health emergency and the terms of those contracts are made available to the states, the department shall accept funds provided by counties, municipalities, and other entities designated in the state emergency management plan required under s. 252.35(2)(a) for the purpose of participation in those contracts. The department shall deposit those funds in the Grants and Donations Trust Fund and expend those funds on behalf of the donor county, municipality, or other entity for the purchase of the licensable products made available under the contract. (4) The department has the duty and the authority to declare, enforce, modify, and abolish the isolation and quarantine of persons, animals, and premises as the circumstances indicate for controlling communicable diseases or providing protection from unsafe conditions that pose a threat to public health, except as provided in ss. 384.28 and 392.545-392.60. Any order of the department issued pursuant to this subsection shall be immediately enforceable by a law enforcement officer under s. 381.0012. (5) The department shall adopt rules to specify the conditions and procedures for imposing and releasing an isolation or a quarantine. The rules must include provisions related to: (a) The closure of premises. (b) The movement of persons or animals exposed to or infected with a communicable disease. (c) The tests or treatment for communicable disease required before employment or admission to the premises or to comply with an isolation or a quarantine. (d) Testing or destruction of animals with or suspected of having a disease transmissible to humans. (e) Access by the department to isolated or quarantined premises. (f) The disinfection of isolated or quarantined animals, persons, or premises. (g) Methods of isolation or quarantine. (6) The rules adopted under this section and actions taken by the department pursuant to a declared public health emergency, isolation, or quarantine shall supersede all rules enacted by other state departments, boards or commissions, and ordinances and regulations enacted by political subdivisions of the state. Any person who violates any rule adopted under this section, any isolation or quarantine, or any requirement adopted by the department pursuant to a declared public health emergency, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History. — s. 16, ch. 96-403; s. 63, ch. 97-100; s. 2, ch. 2002-269; s. 6, ch. 2005-165; s. 35, ch. 2010-161; s. 16, ch. 2012-184; s. 2, ch. 2015-120; s. 15, ch. 2018-106; s. 17, ch. 2021-8; s. 1, ch. 2021-275. 381.00316 Discrimination by governmental and business entities based on health care choices; prohibition. (1)(a) It is the intent of the Legislature that Floridians be free from mandated facial coverings, mandates of any kind relating to vaccines as provided in this section, and discrimination based on such vaccination status. (b) The Legislature finds that society is harmed by discrimination based on vaccination status as provided in this section when healthy persons are prevented from participating in society and accessing employment opportunities. The Legislature further finds that remedies to prevent such discrimination are in the best interest of this state. (2) As used in this section, the term: (a) “Business entity” has the same meaning as in s. 606.03. The term also includes a charitable organization as defined in s. 496.404, a nonprofit corporation as defined in s. 617.01401, or any other business operating in this state. (b) “COVID-19” means the novel coronavirus identified as SARS-CoV-2; any disease caused by SARS-CoV-2, its viral fragments, or a virus mutating therefrom; and all conditions associated with the disease which are caused by SARS-CoV-2, its viral fragments, or a virus mutating therefrom. (c) “COVID-19 vaccine” means a preparation designed to stimulate the human body’s immune response against COVID-19. (d) “Department” means the Department of Legal Affairs. (e) “Emergency use authorization vaccine” means any vaccine that is authorized for emergency use under 21 U.S.C. 360bbb–3(a)(1) and qualifies as an unapproved product under 21 U.S.C. 360bbb–3(a)(2)(A). (f) “Governmental entity” means the state or any political subdivision thereof, including the executive, legislative, and judicial branches of government; the independent establishments of the state, counties, municipalities, districts, authorities, boards, or commissions; or any agencies that are subject to chapter 286. The term does not include an educational institution as defined in s. 381.00319. 1 (g) “Messenger ribonucleic acid vaccine” means any vaccine that uses laboratory-produced messenger ribonucleic acid to trigger the human body’s immune system to generate an immune response. (3)(a) A business entity may not require any person to provide any documentation certifying vaccination with any vaccine defined under subsection (2) or postinfection recovery from COVID-19, or require a COVID-19 test, to gain access to, entry upon, or service from the business operations in this state or as a condition of contracting, hiring, promotion, or continued employment with the business entity. (b) A business entity 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 (2) 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 (2), a business entity shall provide for exemptions and reasonable accommodations for religious and medical reasons in accordance with federal law. (d) A licensed facility as defined in s. 395.002 may not discriminate in providing health care to a patient based solely on that patient’s vaccination status with a COVID-19 vaccine. (4)(a) A governmental entity may not require any person to provide any documentation certifying vaccination with any vaccine defined under subsection (2) or postinfection recovery from COVID-19, or require a COVID-19 test, to gain access to, entry upon, or service from the governmental entity’s operations in this state or as a condition of contracting, hiring, promotion, or continued employment with the governmental entity. (b) A governmental entity 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 otherwise discriminate against a person based on the knowledge or belief of the person’s status relating to vaccination with any vaccine defined under subsection (2) or a person’s failure to take a COVID-19 test. (c) For matters relating to vaccines other than those defined under subsection (2), a governmental entity shall provide for exemptions and reasonable accommodations for religious and medical reasons in accordance with federal law. (5)(a) A business entity or governmental entity may not require a person to wear a face mask, a face shield, or any other facial covering that covers the mouth and nose. A business entity or governmental entity may not deny any person access to, entry upon, service from, or admission to such entity 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 that such health care provider or health care practitioner is in compliance with that section. 2. A business entity or governmental entity when a face mask, a face shield, or any other facial covering that covers the mouth and nose is required safety equipment 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. (6)(a) The department may impose an administrative fine not to exceed $5,000 for each individual and separate violation of this section. (b) For purposes of conducting an investigation or a proceeding, the department 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 into the General Revenue Fund. (7) 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. (8) If a governmental entity fails to comply with subsection (4), an employee terminated based on such noncompliance may be eligible for reemployment assistance under chapter 443 in addition to any other remedy available to the employee for a violation of this section. (9) The department may adopt rules pursuant to ss. 120.536 and 120.54 to implement this section. History. — s. 18, ch. 2021-8; ss. 1, 9, ch. 2023-43; ss. 1, 2, ch. 2025-114; s. 123, ch. 2026-168. 1 Note. — Repealed June 1, 2027, by s. 9, ch. 2023-43, as amended by s. 1, ch. 2025-114. 381.00318 Complaints and investigations regarding mandate prohibitions; public records exemption. (1) A complaint alleging a business entity’s, a governmental entity’s, or an educational institution’s violation of s. 381.00316 or s. 381.00319, and all information relating to an investigation of such complaint, held by the Department of Legal Affairs or the Department of Health is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active. For purposes of this section, an investigation is considered “active” while such investigation is being conducted by the Department of Legal Affairs or the Department of Health with a reasonable good faith belief that it may lead to a determination of whether there was a violation of s. 381.00316 or s. 381.00319. An investigation does not cease to be active if the Department of Legal Affairs or the Department of Health is proceeding with reasonable dispatch and there is a good faith belief that action may be initiated by the Department of Legal Affairs or the Department of Health. (2) After an investigation is completed or ceases to be active, information in records relating to the investigation remains confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if disclosure of that information would do any of the following: (a) Jeopardize the integrity of another active investigation. (b) Reveal medical information about an individual. (c) Reveal information regarding an individual’s religious beliefs. (3) Information made confidential and exempt under this section may be released to another business entity, governmental entity, or educational institution in the furtherance of that entity’s or institution’s lawful duties and responsibilities. (4) This section does not prohibit the disclosure of information in an aggregated format. (5) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2028, unless reviewed and saved from repeal through reenactment by the Legislature. History. — s. 1, ch. 2021-273; s. 1, ch. 2023-42; s. 22, ch. 2024-3. 381.00319 Prohibition on mask mandates and vaccination and testing mandates for educational institutions. (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. 1 (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. History. — s. 2, ch. 2021-272; s. 77, ch. 2023-8; ss. 2, 9, ch. 2023-43; ss. 1, 3, ch. 2025-114. 1 Note. — Repealed June 1, 2027, by s. 9, ch. 2023-43, as amended by s. 1, ch. 2025-114. 381.00321 The right of medical conscience of health care providers and health care payors. (1) DEFINITIONS. — As used in this section, the term: (a) “Adverse action” means the discharge, transfer, demotion, discipline, suspension, exclusion, revocation of privileges, withholding of bonuses, or reduction in salary or benefits; any action that may negatively impact the advancement or graduation of a student, including, but not limited to, the withholding of scholarship funds; or any other disciplinary or retaliatory action taken against a health care provider. (b) “Conscience-based objection” means an objection based on a sincerely held religious, moral, or ethical belief. Conscience with respect to entities is determined by reference to the entities’ governing documents; any published ethical, moral, or religious guidelines or directives; mission statements; constitutions; articles of incorporation; bylaws; policies; or regulations. (c) “Department” means the Department of Health. (d) “Educational institution” means a public or private school, college, or university. (e) “Health care payor” means a health insurer, an employer, a health care sharing organization, a health plan, a health maintenance organization, a management services organization, or any other entity that pays for, or arranges for the payment of, any health care service, whether such payment is in whole or in part. (f) “Health care provider” means: 1. Any person or entity licensed under chapter 394; chapter 400; chapter 401; chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 462; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part II, part III, part IV, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part I, part II, or part III of chapter 483; chapter 484; chapter 486; chapter 490; or chapter 491; or 2. Any provider as defined in s. 408.803, a continuing care facility licensed under chapter 651, or a pharmacy permitted under chapter 465. This term includes any student enrolled in an educational institution who is seeking to become a health care provider. (g) “Health care service” means medical research, medical procedures, or medical services, including, but not limited to, testing; diagnosis; referral; dispensing or administering any drug, medication, or device; psychological therapy or counseling; research; therapy; recordmaking procedures; set up or performance of a surgery or procedure; or any other care or services performed or provided by any health care provider. (h) “Participate” or “participation” means to pay for or take part in any way in providing or facilitating any health care service or any part of such service. (i) “Right of medical conscience” means the right of a health care provider or health care payor to abide by sincerely held religious, moral, or ethical beliefs. With respect to health care providers or payors that are entities, such beliefs are determined by reference to the entities’ governing documents; any published ethical, moral, or religious guidelines or directives; mission statements; constitutions; articles of incorporation; bylaws; policies; or regulations. (2) RIGHT OF MEDICAL CONSCIENCE. — (a) A health care provider or health care payor has the right to opt out of participation in or payment for any health care service on the basis of a conscience-based objection. A health care provider must, at the time of the conscience-based objection or as soon as practicable thereafter, provide written notice of his or her conscience-based objection to the health care provider’s supervisor or employer, if applicable, and document his or her conscience-based objection to a particular health care service in the patient’s medical file. Additionally, if a patient, or potential patient, when attempting to schedule an appointment with the provider indicates to the provider that he or she is seeking a specific health care service for which the provider has a conscience-based objection, the provider must notify the patient that he or she does not provide such service before scheduling the appointment. A health care provider who is a student must provide written notice of his or her conscience-based objection to the educational institution at the time the conscience-based objection is made or as soon as practicable thereafter. (b) The exercise of the right of medical conscience is limited to conscience-based objections to a specific health care service. This section may not be construed to waive or modify any duty a health care provider or health care payor may have to provide or pay for other health care services that do not violate their right of medical conscience, to waive or modify any duty to provide any informed consent required by law, or to allow a health care provider or payor to opt out of providing health care services to any patient or potential patient because of that patient’s or potential patient’s race, color, religion, sex, or national origin. Additionally, a health care payor may not decline to pay for a health care service it is contractually obligated to cover during the plan year. (c) A health care provider may not be discriminated against or suffer adverse action because the health care provider declined to participate in a health care service on the basis of a conscience-based objection. (3) SPEECH AND WHISTLE-BLOWER PROTECTIONS. — (a) A health care provider or health care payor may not be discriminated against or suffer any adverse action in any manner with respect to: 1. Providing or causing to be provided, or intending to provide or cause to be provided, information relating to any violation of or any act or omission the health care provider or health care payor reasonably believes to be a violation of any provision of this act to his or her employer, the Attorney General, the department, any other state agency charged with protecting the right of medical conscience, the United States Department of Health and Human Services, the Office of Civil Rights, or any other federal agency charged with protecting the right of medical conscience; 2. Testifying or intending to testify in a proceeding concerning such violation; or 3. Assisting or participating in or intending to assist or participate in such a proceeding. (b) Unless the disclosure is specifically prohibited by law, a health care provider or health care payor may not be discriminated against in any manner for disclosing information that the health care provider or health care payor reasonably believes constitutes: 1. A violation of any law, rule, or regulation; 2. A violation of any ethical guidelines for the provision of any medical procedure or service; or 3. A practice or method of treatment that may put patient health at risk or present a substantial and specific danger to public health or safety. (4) ENFORCEMENT. — A health care provider or health care payor may file a complaint with the Attorney General alleging any violation of this section. If the Attorney General determines there has been a violation of this section, the Attorney General may commence a civil action for damages, injunctive relief, or any other appropriate relief, including attorney fees. For the purpose of conducting an investigation, the Attorney General 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. The Department of Legal Affairs may adopt rules to implement this subsection. (5) IMMUNITY FROM LIABILITY. — A health care provider or health care payor may not be held civilly liable solely for declining to participate in or pay for a health care service on the basis of a conscience-based objection. However, this section does not limit a person’s ability to recover damages or other relief under any other applicable law due to behavior that constitutes a violation of this section or that is not related to a conscience-based objection. (6) REQUIREMENT TO PROVIDE EMERGENCY MEDICAL TREATMENT. — This section may not be construed to override any requirement to provide emergency medical treatment in accordance with state law or the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. s. 1395dd. History. — s. 2, ch. 2023-57. 381.00322 International health organization policies. A governmental entity as defined in s. 381.00316 or an educational institution as defined in s. 381.00319 may not adopt, implement, or enforce an international health organization’s public health policies or guidelines unless authorized to do so under state law, rule, or executive order issued by the Governor under s. 252.36. History. — s. 3, ch. 2023-43. 381.0034 Requirement for instruction on HIV and AIDS. (1) The Department of Health shall require each person licensed or certified under chapter 467, part IV of chapter 468, or chapter 483, as a condition of biennial relicensure, to complete an educational course approved by the department on the modes of transmission, infection control procedures, clinical management, and prevention of human immunodeficiency virus and acquired immune deficiency syndrome. Such course shall include information on current state law on acquired immune deficiency syndrome and its impact on testing, confidentiality of test results, and treatment of patients. Each such licensee or certificateholder shall submit confirmation of having completed the course, on a form provided by the department, when submitting fees or application for each biennial renewal. (2) Failure to complete the requirements of this section shall be grounds for disciplinary action contained in the chapters specified in subsection (1). In addition to discipline by the department, the licensee or certificateholder shall be required to complete said course. (3) The department shall require, as a condition of granting a license under chapter 467 or part I of chapter 483, that an applicant making initial application for licensure complete an educational course acceptable to the department on human immunodeficiency virus and acquired immune deficiency syndrome. Upon submission of an affidavit showing good cause, an applicant who has not taken a course at the time of licensure shall be allowed 6 months to complete this requirement. (4) The department shall have the authority to adopt rules to carry out the provisions of this section. (5) Any professional holding two or more licenses or certificates subject to the provisions of this section shall be permitted to show proof of having taken one department-approved course on human immunodeficiency virus and acquired immune deficiency syndrome, for purposes of relicensure or recertification for the additional licenses. History. — s. 68, ch. 91-297; s. 40, ch. 95-196; s. 31, ch. 97-101; s. 19, ch. 2012-184; s. 1, ch. 2013-128; s. 3, ch. 2016-230; s. 7, ch. 2018-24; s. 56, ch. 2020-156. 381.0035 Educational course on HIV and AIDS; employees and clients of certain health care facilities. (1) The Department of Health shall require all employees and clients of facilities licensed under chapter 393, chapter 394, or chapter 397 and employees of facilities licensed under chapter 395, part II, part III, or part IV of chapter 400, or part I of chapter 429 to complete a one-time educational course on the modes of transmission, infection control procedures, clinical management, and prevention of human immunodeficiency virus and acquired immune deficiency syndrome with an emphasis on appropriate behavior and attitude change. Such instruction shall include information on current Florida law and its impact on testing, confidentiality of test results, and treatment of patients and any protocols and procedures applicable to human immunodeficiency counseling and testing, reporting, the offering of HIV testing to pregnant women, and partner notification issues pursuant to ss. 381.004 and 384.25. An employee who has completed the educational course required in this subsection is not required to repeat the course upon changing employment to a different facility licensed under chapter 393, chapter 394, chapter 395, chapter 397, part II, part III, or part IV of chapter 400, or part I of chapter 429. (2) Facilities licensed under chapter 393, chapter 394, chapter 395, or chapter 397, part II, part III, or part IV of chapter 400, or part I of chapter 429 shall maintain a record of employees and dates of attendance at human immunodeficiency virus and acquired immune deficiency syndrome educational courses. (3) The department shall have the authority to review the records of each facility to determine compliance with the requirements of this section. The department may adopt rules to carry out the provisions of this section. (4) This section does not apply to an employee who is subject to the requirements of s. 456.033. History. — s. 8, ch. 88-380; ss. 17, 69, ch. 91-297; s. 63, ch. 92-289; s. 32, ch. 97-101; s. 1, ch. 98-171; s. 190, ch. 99-13; s. 13, ch. 2006-197; s. 1, ch. 2008-103. Note. — Former s. 381.043. 381.0038 Education; sterile needle and syringe exchange programs. The Department of Health shall establish a program to educate the public about the threat of acquired immune deficiency syndrome. (1) The acquired immune deficiency syndrome education program shall: (a) Be designed to reach all segments of Florida’s population; (b) Contain special components designed to reach non-English-speaking and other minority groups within the state; (c) Impart knowledge to the public about methods of transmission of acquired immune deficiency syndrome and methods of prevention; (d) Educate the public about transmission risks in social, employment, and educational situations; (e) Educate health care workers and health facility employees about methods of transmission and prevention in their unique workplace environments; (f) Contain special components designed to reach persons who may frequently engage in behaviors placing them at a high risk for acquiring acquired immune deficiency syndrome; (g) Provide information and consultation to state agencies to educate all state employees; (h) Provide information and consultation to state and local agencies to educate law enforcement and correctional personnel and inmates; (i) Provide information and consultation to local governments to educate local government employees; (j) Make information available to private employers and encourage them to distribute this information to their employees; (k) Contain special components which emphasize appropriate behavior and attitude change; and (l)