F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 459 2024
1 A bill to be entitled
2 An act relating to declarations of a public health
3 emergency; amending s. 381.00315, F.S.; providing that
4 the administration of vaccines is not included within
5 the meaning of the terms "treat," "treated," or
6 "treatment" as those terms relate to public health
7 emergencies; revising provisions related to the
8 expiration and renewal of declarations of a public
9 health emergency; authorizing an individual to refuse
10 examination, testing, or treatment under a State
11 Health Officer's order during a public health
12 emergency by submitting a written refusal to the State
13 Health Officer; providing that such individual may not
14 be required to undergo such examination, testing, or
15 treatment; deleting the State Health Officer's
16 authority to use any means necessary to treat an
17 individual under certain circumstances; prohibiting
18 certain closures or alterations to election
19 procedures; requiring due process on a case-by-case
20 basis to allow actions that affect entire groups or
21 communities; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraphs (b) and (d) of subsection (2) of
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HB 459 2024
26 section 381.00315, Florida Statutes, are amended, a nd paragraph
27 (e) is added to subsection (1) of that section, to read:
28 381.00315 Public health advisories; public health
29 emergencies; isolation and quarantines.—The State Health Officer
30 is responsible for declaring public health emergencies, issuing
31 public health advisories, and ordering isolation or quarantines.
32 (1) As used in this section, the term:
33 (e) "Treat," "treated," or "treatment" does not include
34 the administration of vaccinations.
35 (2)
36 (b) Before declaring a public health emergency, the St ate
37 Health Officer shall, to the extent possible, consult with the
38 Governor and shall notify the Chief of Domestic Security. The
39 declaration of a public health emergency shall continue until
40 the State Health Officer finds that the threat or danger has
41 been dealt with to the extent that the emergency conditions no
42 longer exist and he or she terminates the declaration. However,
43 A declaration of a public health emergency expires may not
44 continue for longer than 60 days after the declaration unless
45 the Governor concurs in the renewal of the declaration, which
46 extends the expiration of the declaration for 30 days. Any
47 subsequent renewals must be approved by a two-thirds majority
48 vote of each chamber of the Legislature before the declaration
49 expires, with each renewal extending the expiration of the
50 declaration for 30 days. A declaration of a public health
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51 emergency automatically terminates if it is not timely renewed
52 before its expiration in accordance with this paragraph .
53 (d) The State Health Officer, upon declaration of a public
54 health emergency, may take actions that are necessary to protect
55 the public health. Such actions include, but are not limited to:
56 1. Directing manufacturers of prescription drugs or over-
57 the-counter drugs who are permitted under chapter 499 and
58 wholesalers of prescription drugs located in this state who are
59 permitted under chapter 499 to give priority to the shipping of
60 specified drugs to pharmacies and health care providers within
61 geographic areas identified by the State Health Officer. The
62 State Health Officer must identify the drugs to be shipped.
63 Manufacturers and wholesalers located in this the state must
64 respond to the State Health Officer's priority shipping
65 directive before shipping the specified drugs.
66 2. Notwithstanding chapters 465 and 499 and rules adopted
67 thereunder, directing pharmacists employed by the department to
68 compound bulk prescription drugs and provide these bulk
69 prescription drugs to physicians and nurses of county health
70 departments or any qualified person authorized by the State
71 Health Officer for administration to persons as part of a
72 prophylactic or treatment regimen.
73 3. Notwithstanding s. 456.036, temporarily reactivating
74 the inactive license of the following health care practitioners,
75 when such practitioners are needed to respond to the public
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76 health emergency: physicians licensed under chapter 458 or
77 chapter 459; physician assistants licensed under chapter 458 or
78 chapter 459; licensed practical nurses, registered nurses, and
79 advanced practice registered nurses licensed under part I of
80 chapter 464; respiratory therapists licensed under part V of
81 chapter 468; and emergency medical technicians and paramedics
82 certified under part III of chapter 401. Only those health care
83 practitioners specified in this paragraph who possess an
84 unencumbered inactive license and who request that such license
85 be reactivated are eligible for reactivation. An inactive
86 license that is reactivated under this paragraph returns shall
87 return to inactive status when the public health emergency ends,
88 or before the end of the public health emergency if the State
89 Health Officer determines that the health care practitioner is
90 no longer needed to provide services during the public health
91 emergency. Such licenses may only be reactivated for a p eriod
92 not to exceed 90 days without meeting the requirements of s.
93 456.036 or chapter 401, as applicable.
94 4. Ordering an individual to be examined, tested, treated,
95 isolated, or quarantined for communicable diseases that have
96 significant morbidity or mortality and present a severe danger
97 to public health. However, an individual may refuse examination,
98 testing, or treatment for reasons of health, religion, or
99 conscience by submitting a refusal in writing to the State
100 Health Officer. Such individuals may not be required to undergo
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101 examination, testing, or treatment but who are unable or
102 unwilling to be examined, tested, or treated for reasons of
103 health, religion, or conscience may be subjected to isolation or
104 quarantine.
105 a. Examination, testing, or treatment may be performed by
106 any qualified person authorized by the State Health Officer.
107 b. If the individual poses a danger to the public health,
108 the State Health Officer may subject the individual to isolation
109 or quarantine. If there is no practical method to isolate or
110 quarantine the individual, the State Health Officer may use any
111 means necessary to treat the individual.
112 c. Any order of the State Health Officer given to
113 effectuate this paragraph is immediately enforceable by a law
114 enforcement officer under s. 381.0012.
115 d. Closures of churches, businesses, government buildings
116 and services, schools, groups of private residences, and public
117 domains, and altering elections procedures and protocols, are
118 prohibited. Any such actions that affect entire groups or
119 communities must be authorized on a case-by-case basis with each
120 case being afforded all rights of due process.
121 Section 2. This act shall take effect July 1, 2024.
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