SB 452: Public Health

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SB 452: Public Health

State Legislation


FL

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Legislation progress

Introduced
2022
Became Law
Failed

Summary of Legislation

Public Health; Prohibiting counties and municipalities from requiring citizens of the United States to submit to any medical procedure or receive any medical treatment; prohibiting counties and municipalities from conditioning access to public property or services on whether a citizen has submitted to any medical procedure or received any medical treatment; prohibiting counties and municipalities from requiring the wearing of a face covering; prohibiting district school boards from adopting, implementing, or enforcing a policy, a rule, a code of conduct, or an order requiring the wearing of a face covering, etc.

Our Overall Evaluation

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It is a large step in the right direction, to protect the powers of the State legislature. Our Founding Fathers said that the most local representation is through the state legislature and only they can make laws which trump federal laws (within each state). This is great to take the powers away from out of touch municipality leaders pertaining to public health and face coverings. A further action would be to remove the power altogether for anyone to require face coverings or health records.

How it Affects the Medical Freedom Framework

MFA Article MFA Title Score vs. MFA Comment
1 MFA-01-Unwanted Medical Procedures 0
2 MFA-02-Access to Treatment 0
3 MFA-03-Emergency Production 0
4 MFA-04-Free Speech Protection 5
5 MFA-05-Informed Consent 5
6 MFA-06-Product Treatment and Safety 0
7 MFA-07-Predatory Business Practices 0
8 MFA-08-CFA/FDA/NIH Reform 0
9 MFA-09-Patient Centric Care 0
10 MFA-10-Protections for Medical Professions 0
11 MFA-11-Medical Manufacturing 0
12 MFA-12-Civil Liberties Protections 5
13 MFA-13-Financial Protections 0
14 MFA-14-Limits to Government Power 4
15 MFA-15-Qualified Immunity 0
16 MFA-16-Protected Medical Class 0
17 MFA-17-Privacy Protections 4
18 MFA-18-Criminal Penalties 0
19 MFA-19-Medical Experiments & Research Protections 0
20 MFA-20-Military 0
21 MFA-21-Medical Information Technology 0
22 MFA-22-Employee Protection 0
23 MFA-23-Consumer Protections 0
24 MFA-24-Healthcare Provider Education 0
25 MFA-25-Definitions 5
26 MFA-26-Scope 0

Complete Legislation Text

A bill to be entitled 2 An act relating to public health; amending s. 3 381.0016, F.S.; prohibiting counties and 4 municipalities from requiring citizens of the United 5 States to submit to any medical procedure or receive 6 any medical treatment; prohibiting counties and 7 municipalities from conditioning access to public 8 property or services on whether a citizen has 9 submitted to any medical procedure or received any 10 medical treatment; providing construction; prohibiting 11 counties and municipalities from requiring the wearing 12 of a face covering; defining the term “face covering”; 13 providing that any such requirement is void; creating 14 s. 1001.4201, F.S.; prohibiting district school boards 15 from adopting, implementing, or enforcing a policy, a 16 rule, a code of conduct, or an order requiring the 17 wearing of a face covering; defining the term “face 18 covering”; providing that any such policy, rule, code 19 of conduct, or order is void; creating s. 1001.5101, 20 F.S.; prohibiting a district school superintendent 21 from implementing or enforcing a policy, a rule, a 22 code of conduct, or an order requiring the wearing of 23 a face covering; defining the term “face covering”; 24 providing that any such policy, rule, code of conduct, 25 or order is void; creating s. 1001.55, F.S.; 26 prohibiting a school principal from implementing or 27 enforcing a policy, a rule, a code of conduct, or an 28 order requiring the wearing of a face covering; 29 defining the term “face covering”; providing that any Florida Senate - 2022 SB 452 8-00621-22 2022452__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. 30 such policy, rule, code, or order is void; providing 31 an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Section 381.0016, Florida Statutes, is amended 36 to read: 37 381.0016 County and municipal regulations and ordinances.— 38 Any county or municipality may enact, in a manner prescribed by 39 law, health regulations and ordinances not inconsistent with 40 state public health laws and rules adopted by the department, 41 subject to the following limitations: 42 (1) A county or municipality, directly or indirectly, may 43 not require that any citizen of the United States submit to any 44 medical procedure or receive any medical treatment. Counties and 45 municipalities may not condition citizens’ access to public 46 property or services based on whether a citizen has submitted to 47 any medical procedure or received any medical treatment. This 48 subsection does not prevent a county or municipality from 49 conducting a public health information campaign. 50 (2) A county or municipality may not require that any 51 citizen of the United States wear a face covering. For purposes 52 of this subsection, the term “face covering” means any item 53 attached to a person’s face or head which is intended to slow or 54 prevent the transmission of any illness or disease, including, 55 but not limited to, personal protective equipment, respirators, 56 face shields, or cloth masks. Any such requirement is void. 57 Section 2. Section 1001.4201, Florida Statutes, is created 58 to read: Florida Senate - 2022 SB 452 8-00621-22 2022452__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. 59 1001.4201 District school board; prohibited actions.—A 60 district school board may not adopt, implement, or enforce a 61 policy, a rule, a code of conduct, or an order that requires any 62 person to wear a face covering unless the policy is authorized 63 by a specific enabling statute that references this section. For 64 purposes of this section, the term “face covering” means any 65 item attached to a person’s face or head which is intended to 66 slow or prevent the transmission of any illness or disease, 67 including, but not limited to, personal protective equipment, 68 respirators, face shields, or cloth masks. Any such policy, 69 rule, code of conduct, or order is void. 70 Section 3. Section 1001.5101, Florida Statutes, is created 71 to read: 72 1001.5101 District school superintendent; prohibited 73 actions.—A district school superintendent may not implement or 74 enforce a policy, a rule, a code of conduct, or an order that 75 requires any person to wear a face covering unless the policy is 76 authorized by a specific enabling statute that references this 77 section. For purposes of this section, the term “face covering” 78 means any item attached to a person’s face or head which is 79 intended to slow or prevent the transmission of any illness or 80 disease, including, but not limited to, personal protective 81 equipment, respirators, face shields, or cloth masks. Any such 82 policy, rule, code of conduct, or order is void. 83 Section 4. Section 1001.55, Florida Statutes, is created to 84 read: 85 1001.55 School principals; prohibited actions.—A school 86 principal may not implement or enforce a policy, a rule, a code 87 of conduct, or an order that requires any person to wear a face Florida Senate - 2022 SB 452 8-00621-22 2022452__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. 88 covering unless the policy is authorized by a specific enabling 89 statute that references this section. For purposes of this 90 section, the term “face covering” means any item attached to a 91 person’s face or head which is intended to slow or prevent the 92 transmission of any illness or disease, including, but not 93 limited to, personal protective equipment, respirators, face 94 shields, or cloth masks. Any such policy, rule, code of conduct, 95 or order is void. 96 Section 5. This act shall take effect July 1, 2022.