Prohibits business, gov't, higher ed, from requiring mask/COVID-19 test, vaccine, or immunity proof, limited exemption, mRNA vax ban expires 6/2025

State: FL
Bill Number: HB 1013 / CS/SB 252
Position: WATCH
Action Required: NONE
Status: ENACTED, SB 252 was signed by Governor Ron DeSantis on 5/11/2023, Chapter number 2023-43, effective 6/1/2023 with exceptions

Legislation Details:

UPDATE: 5/12/2023 - SB 252 was enacted. Chapter Number 2023-43, effective 6/1/2023, except as otherwise provided in the language.

UPDATE: 5/11/2023 - CS/SB 252 was signed by Governor DeSantis on 5/11/2023.

UPDATE: 5/3/2023 - CS/SB 252 was ordered enrolled by the Senate on 5/3/2023. Enrolled version here.

The bill summary, written by Senate Health Policy Committee, is HERE

Highlight Points of HB 1013 / CS/SB 252 

HB 1013 and SB 252 prohibit discrimination by governmental, business, and educational entities based on health care choices regarding masking and vaccination or immunity status for COVID-19. Hospitals and pharmacists are required to offer alternative treatments without reprisals. There are some causes of action included. Some specific provisions of the bill are listed below:

  • Businesses and educational institutions may not require any person to provide documentation certifying COVID-19 vaccination, post infection recovery, or require a test to gain entry, or as a condition of hiring, employment, promotion, or contracting with the business or institution. Educational institutions may not deprive access to educational based on the person's COVID-19 vaccine or immunity status.
  • Certain licensed facilities may not discriminate in providing health care services to patients based solely on the patient’s COVID-19 vaccination status.
  • No state governmental entity may require COVID-19 tests, vaccination, or post infection recovery proof to enter or receive service from the state agency, or as a condition of employment or contracting.
  • Businesses, governmental and educational institutions shall provide for exemptions and reasonable accommodations for religious and medical reasons in accordance with federal law for COVID-19 vaccines, emergency use authorization (EUA) vaccines, and mRNA vaccines.
  • Mouth and nose facial coverings may not be required by businesses, governmental entities, or educational institutions, with the exception of certain health care providers or safety requirements in occupational or laboratory settings. 
  • The Department of Legal Affairs or the Department of Health, depending on the institution in question, is authorized to investigate and issue fines of up to $5,000 for violations, with the fines being deposited into the General Revenue Fund. This does not prevent those who have been aggrieved from recovering damages under any applicable law.
  • Employees wrongly terminated may be eligible for reemployment assistance.
  • Governmental entities and educational institutions may not implement or enforce International health organization's public health policies or guidelines, unless authorized by state law, rule or governor's executive order. 
  • Patients have the right to choose COVID-19 alternative treatments from a health care practitioner with hospital privileges. Hospitals who prevent a health care practitioner from exercising his or her sound judgment are subject to disciplinary action.
  • The Agency for Health Care Administration and Department of Health shall jointly develop and publish standards for the appropriate use of facial coverings for infection control in health care settings in normal and emergency situations.
  • Health care practitioners treating COVID-19 patients must obtain informed consent before prescribing any medication for treatment and they must explain alternative medications authorized or approved by the FDA, to allow prudent decision regarding treatment.
  • Pharmacists may not be subject to disciplinary action for dispensing alternative medication prescribed for the treatment of COVID-19.
  • Parents of public school students must receive accurate and timely information regarding their child's academic progress. Neither school boards, employees, or superintendents, nor local officials may require students to wear facial coverings over the south or nose, unless it is required for occupational or laboratory safety requirements. 
  • Asymptomatic students and teachers who have been exposed to COVID-19 are not prohibited from school attendance if they have not received a positive test for COVID-19. Parents or emancipated minors may bring an action against school districts violating the attendance guidelines.
  • The bill’s provisions relating to mRNA vaccines are repealed on June 1, 2025.

UPDATE: 5/3/2023 - CS/SB 252 was read the 3rd time in the House and passed by vote of 84 Yeas, 31 Nays on 5/3/2023. 

UPDATE: 5/2/2023 - HB 1013 was laid on the House Table as Companion bill passed.

UPDATE: 4/27/2023 - CS/SB 252 passed the full Senate on 4/27/2023 by a vote of 29 Yes and 6 No. See text of first engrossed version here

UPDATE: 4/27/2023 - SB 252 was amended in the Senate by Floor Amendment 611288 on 4/27/2023.

UPDATE: 4/24/2023 - SB 252 was pending reference review under Rule 4.7(2). It was placed on the Calendar on 2nd Reading and placed on Special Order Calendar for 4/27/2023.

UPDATE: 4/24/2023 - 0n 4/24/2023, HB 1013 passed the House Commerce Committee.

UPDATE: 4/20/2023 - SB 252 passed the CS in the Senate Committee on Fiscal Policy by a vote of 13 Yeas, 5 Nays.

UPDATE: 4/19/2023 4:18 PM - CS/SB 252 was amended by the Senate Committee on Fiscal Policy with Amendment 823424 on 4/20/2023. The text is HERE.

UPDATE: 4/19/2023 9:29 AM - SB 252 was amended (Amendment 422702) by the Senate Committee on Fiscal Policy and replaced by a Committee Substitute on 4/19/2023.

UPDATE: 4/18/2023 - SB 252 is scheduled for hearing in Senate Committee on Fiscal Policy on Thursday, 4/20/2023 from 9:30 am - 6:00 pm. The agenda is here

UPDATE: 4/12/2023 - HB 1013 was laid on the table under Rule 7.18(a).

UPDATE: 4/10/2023 - HB 1013 had a committee substitute and was passed by the House Health & Human Services Committee

UPDATE: 4/6/2023 - HB 1013 had a Proposed Committee Substitute, PCS. It is scheduled for a hearing in the House Health & Human Services Committee on Monday, 4/10/2023 from 2:00-6:00 pm in Morris Hall (17 House Office Building). The agenda is here.

UPDATE: 4/4/2023 - SB 252 passed the Senate Health Policy Committee on 4/4/2023, by vote of 11 Yes, 0 No. It was then referred to the Senate Fiscal Policy Committee.

UPDATE: 3/6/2023 - SB 252 is scheduled for a hearing in the Senate Committees on Health Policy on Tuesday, 4/4/2023 at 8:30 am in the Pat Thomas Committee Room, 412 Knott Building. Agenda can be viewed here.

UPDATE: 3/6/2023 - SB 252 was referred to the Senate Committees on Health Policy and Fiscal Policy on 3/6/2023.

UPDATE: 2/28/2023 - HB 1013 was referred to the House Health & Human Services Committee 2/28/2023. It was also referred to the House Appropriations Committee, and House Commerce Committee.  

SB 252 was filed 3/3/2023 and sponsored by Senator Colleen Burton. Filed version is here. The bills would prohibit mandates for masks, COVID-19 vaccinations, and COVID-19 testing in government entities, business entities, and educational institutions. Employment opportunities can not be denied solely for refusing to receive COVID-19 vaccines or disclosing immunity status. Hospitals and pharmacies are not permitted to limit alternative treatments for COVID-19 patients and they must publish mask policies. Causes of action for violations are included. 

HB 1013 was filed on 2/22/2023 by Representative Philip Griffitts

If the bill passes, it would be come effective 7/1/2023. -  text, status, and history of HB 1013 - text, status, and history for SB 252