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UPDATE: 5/5/2023 - Both HB 305 and SB 222 died. They failed to even get scheduled for a single hearing before session ended on 5/5/2023.
HB 305 was introduced on 1/20/2023. It is sponsored by Representatives Webster Barnaby, Dean Black and Susan Plasencia. It is currently in the House Healthcare Regulation Subcommittee. It has also been referred to the Civil Justice Subcommittee, Regulatory Reform & Economic Development Subcommittee, and Health & Human Services Committee.
SB 222 was introduced on 1/18/2023. It sponsored by Senator Joe Gruters and cosponsored by Senator Keith Perry. It was referred to the Senate Judiciary Committee, Health Policy Committee, and Rules Committee.
HB 305/SB 222 are companion medical freedom protection bills that are critical to pass in this legislative session.
Florida residents are about to lose protection, enacted in HB 1B on 11/18/2021, from COVID-19 vaccine mandates as the protections enacted in HB 1B are set to expire on June 1, 2023.
The protections in HB 305/SB 222 do not expire, and they apply to all vaccines, not just COVID-19 vaccines.
Vaccine mandates, segregation, and discrimination over vaccination and immunity status happen for all vaccines in many areas of life, not just those for COVID-19.
Highlight points of HB 305/SB 222
Amends Current OPT-OUT Tracking System in State Law to:
- prohibit the health department from requiring anyone to participate in Florida’s existing state vaccine tracking system
- prohibit the health department from sharing a person’s records out of state, to an interstate registry, or federal tracking system written consent
- require the department to purge records or identifying information for those who refuse to be in the tracking system
- add the option for the Health Department to also accept OPT-OUT forms
Amends Current Vaccine Passport Ban in State Law to:
- apply to all vaccines for all diseases, not just COVID-19
- prohibit health care providers from making health care contingent on vaccination or post-recovery status for all diseases
Creates a New Section Labor Code to: prohibit employment discrimination on the basis of vaccination or immunity status.
Creates a New Section Insurance Code to: prohibit discrimination on the basis of vaccination or immunity status.
Amends the Florida Civil Rights Act of 1992 to add “vaccination and immunity status” to the existing classes (race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status) for which:
- individuals are granted freedom from discrimination on the basis of these classes
- the Florida Commission on Human Relations shall promote and encourage fair treatment and equal opportunity for all
- a discrimination violation in the areas of education, employment, or public accommodation on the basis of these classes would create a cause of action (right to sue) or fall under existing administrative remedies
- it is unlawful for a person to be discriminated against, on the basis of these classes, in places of public accommodation
- it is unlawful for an employer to discriminate against an employee on the basis of these classes
Amends the Miscellaneous Provisions of Florida Civil Rights Code to: add “vaccination and immunity status” to the existing classes (race, color, religion, gender, national origin, handicap, age above 21, or marital status) on the basis for which it is unlawful for certain clubs to engage in discriminatory practices.
Amends the Florida Fair Housing Act to add “vaccination or immunity status” to the existing classes (race, color, national origin, sex, disability, familial status, or religion) for which the following actions, based on these classes, are unlawful:
- discrimination in the sale or rental of housing
- discrimination in the provision of brokerage services
- discrimination in the financing of housing or in residential real estate transactions
- discrimination in land use decisions and in permitting of development
Amends Current Immunization requirements for K-12 in Public Schools to: prohibit any EUA vaccine from being required for school attendance.
Detailed Description of HB 305/SB 222 by Bill Section
SECTION 1. Amends the existing OPT-OUT vaccine tracking system already established in the Florida Public Health code (381.003 section (1) (e)) to
1) prohibit the health department from requiring anyone to enroll in the state’s immunization registry, or submit to any form of vaccine tracking,
2) add the option for those who opt-out to submit the opt-out form directly to the department (currently the only option is to submit the opt-out form to a health care practitioner or vaccine administrator),
3) require the health department to purge any records or identifying information of a child or a college student if the parent or guardian of a child or the college student themselves if they are 18 and older refuses to be included in the immunization registry, and
4) prohibit the department from including a person’s immunization records in any interstate or federal immunization tracking system or allow any entity not required by law to have a person’s immunization records without written informed consent from the person, or the person’s parent or guardian, if the person is a minor, to release the immunization records for such a purpose.
SECTION 2. Amends the existing vaccine passport ban law applying to COVID-19 vaccines in the Florida Public Health Code (381.00316) to expand the ban on requiring documentation certifying documentation of vaccination or post infection recovery to now include “any disease” for gaining access to, entry upon or service from:
1) business entities,
2) governmental entities, and
3) educational institutions with the exception of vaccines required by statute or rule according to 1003.22(3)
This section also prohibits health care providers from making any health care service contingent upon vaccination or post infection recovery status.
Existing penalties still apply and entities this section applies to are defined in existing statute 768.38.
SECTION 3. Creates a new section of Chapter 448 (448.077) of Florida Labor Code to prohibit employment discrimination on the basis of vaccination or immunity status.
This section establishes that it is an unlawful employment practice for an employer to refuse to employ an individual, or to discharge, discipline, demote, or otherwise discriminate against an employee with respect to wages or terms, conditions, or privileges of employment, based on the individual's vaccination or immunity status.
This section also establishes a civil cause of action for an individual who is refused employment or discriminated against on the basis of vaccination or immunity status, and it provides for possible injunctive relief, reinstatement, compensation for lost wages and benefits, reasonable attorney fees, and other relief deemed appropriate by the court.
SECTION 4. Creates a new section of Chapter 626 (626.9708) of Florida Insurance Code to prohibit discrimination on the basis of vaccination or immunity status. This section prohibits an insurer doing business in Florida from:
1) requiring proof of vaccination or immunity status for any disease of an applicant or a policyholder, and
2) based on vaccination or immunity status:
a. refusing to issue or renew a policy,
b. imposing a higher premium or charge, and
c. refusing to issue or renew life insurance or disability insurance.
SECTION 5. Creates a new section of Chapter 627 of Florida Insurance Code (627.6441) regarding health insurance policies to prohibit discrimination on the basis of vaccination or immunity status. This section prohibits a health insurer from:
1) requiring proof of vaccination or immunity status for any disease of a policyholder, and
2) based on vaccination or immunity status for any disease:
a. refusing to issue or renew a policy,
b. imposing a higher premium or charge, or
c. discriminate in the coverage of care in a health insurance policy.
SECTION 6. Creates a new section of Chapter 627 of Florida Insurance Code (627.6614) regarding group, blanket, or franchise health insurance policies to prohibit discrimination on the basis of vaccination or immunity status. This section prohibits a health insurer from these categories from:
1) requiring proof of vaccination or immunity status for any disease of a policyholder, and
2) based on vaccination or immunity status for any disease:
a. refusing to issue or renew a policy, or
b. imposing a higher premium or charge, or
c. discriminate in the coverage of care in a health insurance policy.
SECTION 7. Creates a new section of Chapter 641 of Florida Insurance Code (641.31078) regarding Health Maintenance Organizations (HMO) under a health maintenance contract in Florida to prohibit discrimination on the basis of vaccination or immunity status. This section prohibits a HMO from:
1) requiring proof of vaccination or immunity status for any disease of an applicant or subscriber, and
2) based on vaccination or immunity status of an applicant or subscriber for any disease:
a. refusing to issue or renew a HMO contract, or
b. imposing a higher premium or charge, or
c. discriminate in the coverage of care in a HMO contract.
SECTION 8. Amends the Florida Civil Rights Act of 1992 760.01 subsection (2) to add “vaccination or immunity status” to the existing classes (race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status) for which individuals are granted freedom from discrimination on the basis on these classes.
SECTION 9. Reorders the definitions of the Florida Civil Rights Act of 1992 760.002 and amends the section to add subsection (12) to define “vaccination and immunity status.”
SECTION 10. Amends the Florida Civil Rights Act of 1992 760.005 “Functions of the commission” to include “vaccination and immunity status” to the existing classes (race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status) for which the Florida Commission on Human Relations “shall promote and encourage fair treatment and equal opportunity for all persons” regardless of these classes.
SECTION 11. Amends the Florida Civil Rights Act of 1992 760.007 “Remedies for Unlawful Discrimination” to include “vaccination and immunity status” to the existing classes (race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status) where a discrimination violation against an individual based on these classes in the areas of education, employment, or public accommodation would create a cause of action (right to sue) or fall under existing administrative remedies.
SECTION 12. Amends the Florida Civil Rights Act of 1992 760.008 “Discrimination in places of public accommodation” to include “vaccination and immunity status” to the he existing classes (race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status) for which all people based on these classes cannot be “discriminated against or segregated” while engaging in their “full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation.”
SECTION 13. Amends the Florida Civil Rights Act of 1992 760.10 “Unlawful Employment Practices” to add “vaccination or immunity status” to the existing classes (race, color, religion, sex, pregnancy, national origin, age, handicap or marital status) for which the following actions, based on these classes, are deemed unlawful employment practices:
1) for an employer to discharge, fail or refuse to hire, or discriminate against with respect to compensation, terms, conditions, or privileges of employment,
2) for an employer to limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual's status as an employee,
3) for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against, any individual or to limit, segregate, or to classify or refer for employment any individual,
4) for a labor organization to exclude or to expel from its membership, or otherwise to discriminate against, any individual, or to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any applicant or individual, in any way that would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual's status as an employee or as an applicant for employment,
5) for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual in admission to, or employment in, any program established to provide apprenticeship or other training,
6) when in order to engage in a profession, occupation, or trade, it is required that a person receive a license, certification, or other credential, become a member or an associate of any club, association, or other organization or pass any examination for any person to discriminate against any person seeking a license, certification, or other credential, or seeking to become a member or associate of such club, association, or other organization, or seeking to take or pass such examination, and
7) for an employer, labor organization, employment agency, or joint labor-management committee to print, or cause to be printed or published, any notice or advertisement relating to employment, membership, classification, referral for employment, or apprenticeship or other training, indicating any preference, limitation, specification, or discrimination.
“Vaccination and immunity status” is also amended to the same existing classes where it is deemed that it is not an unlawful employment practice for an employer, employment agency, labor organization, or joint labor-management committee to take action or fail to take action on the basis of these classes in those certain instances in which religion, sex, condition of pregnancy, national origin, age, absence of a particular handicap, vaccination or immunity status, or marital status is a bona fide occupational qualification reasonably necessary for the performance of the particular employment to which such action or inaction is related.
SECTION 14. Applies the definition of “vaccination or immunity status” to the Fair Housing Act (760.20-760.37) to mean whether an individual “has been administered a vaccination for or is otherwise immune to a particular disease.”
SECTION 15. Amends the Florida Fair Housing Act subsections 1-5 of 760.23 regarding “Discrimination in the sale or rental of housing and other prohibited practices” to add “vaccination or immunity status” to the existing classes (race, color, national origin, sex, disability, familial status, or religion), for which the following actions, based on these classes, are unlawful:
1) to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or deny a dwelling to any person,
2) to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith,
3) to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination, or to make any such preference, limitation, or discrimination,
4) to represent to any person that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available, and
5) to induce or attempt to induce, for profit, any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood by the distinction of a person’s relation to these classes.
SECTION 16. Amends the Florida Fair Housing Act 760.24 ”Discrimination in the provision of brokerage services” to add “vaccination or immunity status” to the existing classes (race, color, national origin, sex, disability, familial status, or religion” for which it is unlawful to deny any person, on the basis of these classes access to, or membership or participation in, any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him or her in the terms or conditions of such access, membership, or participation.
SECTION 17. Amends the Florida Fair Housing Act 760.25 ”Discrimination in the financing of housing or in residential real estate transactions” to add “vaccination or immunity status” to the existing classes (race, color, national origin, sex, disability, familial status, or religion) for which, on the basis of these classes, it is unlawful:
1) for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise the business of which consists in whole or in part of the making of commercial real estate loans to deny a loan or other financial assistance to a person for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him or her in the fixing of the amount, interest rate, duration, or other term or condition of such loan or other financial assistance of such person or any person in connection with such loan or other financial assistance, and
2) for any person or entity whose business includes engaging in residential real estate transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction.
SECTION 18. Amends the Florida Fair Housing Act 760.26 “Prohibited discrimination in land use decisions and in permitting of development” to add “vaccination or immunity status” to the existing classes (race, color, national origin, sex, disability, familial status, or religion) for which it is unlawful, on the basis of these classes, to discriminate in land use decisions or in the permitting of development.
SECTION 19. Amends the “Exemptions” section of the Florida Fair Housing Act 760.29 (5) (a) to add “vaccination or immunity status” to the existing classes (race, color, national origin, sex, disability, familial status, or religion) to the exemption that codifies that nothing in the Fair Housing Act prohibits a person furnishing appraisals of real property from considering factors outside of these classes.
SECTION 20. Amends the Florida Civil Rights Code 760.60 “Discriminatory Practices of Certain Clubs Prohibited in subsection (1) to add “vaccination or immunity status” to the existing classes (race, color, religion, gender, national origin, handicap, age above 21, or marital status) for which it is unlawful, on the basis of these classes:
1) to discriminate against any individual in evaluating an application for membership in a club that has more than 400 members, provides regular meal service, or that regularly receives payment for dues, fees, use of space, facilities, services, meals, or beverages directly or indirectly from nonmembers for business purposes, and
2) for a person, on behalf of such a club, to publish, circulate, issue, display, post, or mail any advertisement, notice, or solicitation that contains a statement to the effect that the accommodations, advantages, facilities, membership, or privileges of the club are denied to any individual.
SECTION 21. Amends the existing immunization requirements of the Florida Public Education Code for grades K-12 1003.22 subsection (3) to prohibit any Food and Drug Administration (FDA) emergency use vaccine from being required for school attendance.
SECTION 22. Establishes the effective date of this act as July 1, 2023.
https://www.flsenate.gov/Session/Bill/2023/305 - text, status, and history of HB 305
https://www.flsenate.gov/Session/Bill/2023/222, text, status, and history of SB 222
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