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