Senate Bill 1230 (2022) — COVID-19 mandates
SB 1230
Florida Bills
Florida Senate - 2022 SB By Senator Pizzo 38-01178-22 20221230__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to COVID-19 mandates; repealing ss. 2 112.0441, 381.00317, 381.00318, and 381.00319, F.S., 3 relating to a prohibition on public employee COVID-19 vaccination mandates, a prohibition on private employer COVID-19 vaccination mandates, a public records exemption for complaints and investigations regarding private employer COVID-19 vaccination mandates, and a prohibition on COVID-19 vaccination mandates for students, respectively; amending s. 10 1002.20, F.S.; deleting a prohibition on certain facial covering and quarantine mandates in K-12 schools; deleting a related right of action for parents and certain students; providing an effective date. 15
Be It Enacted by the Legislature of the State of Florida: 17
Section
Section 112.0441, Florida Statutes, is repealed. 19
Section
Section 381.00317, Florida Statutes, is repealed. 21
Section
Section 381.00318, Florida Statutes, is repealed. 23
Section
Section 381.00319, Florida Statutes, is repealed. 25
Section 5. Paragraph
(
n) of subsection (3) of
section 26 1002.20, Florida Statutes, is amended to read: 27 1002.20 K-12 student and parent rights.—Parents of public school students must receive accurate and timely information Florida Senate - 2022 SB 1230 38-01178-22 20221230__ CODING: Words stricken are deletions; words underlined are additions. regarding their child’s academic progress and must be informed of ways they can help their child to succeed in school. K -12 students and their parents are afforded numerous statutory rights including, but not limited to, the following: 33
(3) HEALTH ISSUES.— 34
(
n) Face covering mandates and quarantine mandates in response to COVID-19.— 36 1. A district school board, a district school superintendent, an elected or appointed local official, or any district school board employee may not: 39 a. Require a student to wear a face mask, a face shield, or any other facial covering that fits over the mouth or nose. 41 However, a parent, at the parent’s sole discretion, may allow his or her child to wear a face mask, a face shield, or any other facial covering that fits over the mouth or nose.
This prohibition does not apply to safety equipment required as part of a course of study consistent with occupational or laboratory safety requirements. 47 b.
Prohibit a student from attending school or school -48 sponsored activities, prohibit a student from being on school property, or subject a student to restrictions or disparate treatment, based on an exposure to COVID-19, so long as the student remains asymptomatic and has not received a positive test for COVID-19 as defined in s. 381.00317(1). 53 A parent of a student, a student who is an emancipated minor, or a student who is years of age or older may bring an action against the school district to obtain a declaratory judgment that
an act or practice violates this subparagraph and to seek Florida Senate - 2022 SB 1230 38-01178-22 20221230__ CODING: Words stricken are deletions; words underlined are additions. injunctive relief. A prevailing parent or student, as applicable, must be awarded reasonable attorney fees and court costs. 61 2.
A district school board, a district school superintendent, an elected or appointed local official, or any school district employee may not prohibit an employee from returning to work or subject an employee to restrictions or disparate treatment based on an exposure to COVID -19 so long as the employee remains asymptomatic and has not received a positive test for COVID-19 as defined in s. 381.00317(1). 68 3. This paragraph expires June 1, 2023. 69