A bill to be entitled 2 An act relating to discrimination on the basis of 3 COVID-19 vaccination or postinfection recovery status; 4 amending s. 381.00316, F.S.; prohibiting governmental 5 entities from requiring proof of COVID-19 vaccination 6 or postinfection recovery status as a condition of 7 licensure or certification in this state; providing a 8 right of action for certain aggrieved persons; 9 providing for equitable relief, damages, and attorney 10 fees; creating s. 381.00317, F.S.; defining the terms 11 “COVID-19 vaccine” and “employer”; prohibiting 12 employers from requiring COVID-19 vaccination or proof 13 of COVID-19 vaccination or postinfection recovery as a 14 condition of employment, promotion, or continued 15 employment or from discriminating against employees on 16 the basis of such status unless certain conditions are 17 met; providing an exception; providing a right of 18 action for aggrieved persons; providing for equitable 19 relief, damages, and attorney fees; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Present subsections (4), (5), and (6) of section 25 381.00316, Florida Statutes, are redesignated as subsections 26 (5), (6), and (7), respectively, a new subsection (4) is added 27 to that section, and subsection (2) of that section is amended, 28 to read: 29 381.00316 COVID-19 vaccine documentation.— Florida Senate - 2022 SB 594 8-00449B-22 2022594__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. 30 (2) A governmental entity as defined in s. 768.38 may not 31 require persons to provide any documentation certifying COVID-19 32 vaccination or postinfection recovery to gain access to, entry 33 upon, or service from the governmental entity’s operations in 34 this state or as a condition of licensure or certification in 35 this state. This subsection does not otherwise restrict 36 governmental entities from instituting screening protocols 37 consistent with authoritative or controlling government-issued 38 guidance to protect public health. 39 (4) Any person found to have been aggrieved by a violation 40 of this section has a right of action in circuit court for 41 injunctive or other equitable relief and is entitled to recover 42 damages and reasonable attorney fees for each violation. 43 Section 2. Section 381.00317, Florida Statutes, is created 44 to read: 45 381.00317 COVID-19 vaccination requirement as condition of 46 employment prohibited; exceptions; right of action.— 47 (1) As used in this section, the term: 48 (a) “COVID-19 vaccine” means an immunization product 49 approved by the United States Food and Drug Administration to 50 protect persons against infection of COVID-19. Unless specified 51 otherwise, the term also includes immunization products approved 52 only for emergency use. 53 (b) “Employer” means any person, firm, partnership, 54 institution, corporation, association or other entity that 55 hires, contracts with, or otherwise employs persons for services 56 performed in exchange for wages or other remuneration. The term 57 includes, but is not limited to, business entities, educational 58 institutions, and governmental entities as those terms are Florida Senate - 2022 SB 594 8-00449B-22 2022594__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. 59 defined in s. 768.38. 60 (2) An employer may not require a person to receive a 61 COVID-19 vaccine or provide documentation certifying COVID-19 62 vaccination or postinfection recovery as a condition of 63 employment, promotion, or continued employment or otherwise 64 discriminate against a person, with respect to compensation, 65 classification, professional status, tenure, terms, conditions, 66 or privileges of employment or any other differential treatment 67 that would adversely affect the person’s employment status or 68 opportunities, on the basis of the person’s COVID-19 vaccination 69 or postinfection recovery status or failure to provide proof of 70 such status, unless all of the following conditions have been 71 met: 72 (a) The COVID-19 vaccine has been fully licensed and 73 approved for use, excluding emergency use authorization, by the 74 United States Food and Drug Administration and is available to 75 consumers. 76 (b) The COVID-19 vaccine has been clinically evaluated for 77 its long-term potential to cause cancer, impair fertility, 78 mutate genes, and cause autoimmune, neurological, or any other 79 chronic or serious adverse effects. 80 (c) The pivotal clinical trial relied upon by the United 81 States Food and Drug Administration for approval of the COVID-19 82 vaccine has been evaluated for its safety for at least 3 years 83 after the vaccine was administered using a randomized double84 blind control group that received either: 85 1. A true placebo; or 86 2. Another vaccine product approved by the United States 87 Food and Drug Administration based on a pivotal randomized, Florida Senate - 2022 SB 594 8-00449B-22 2022594__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. 88 controlled clinical trial that evaluated the safety of that 89 vaccine product using a control group that received a true 90 placebo. 91 (d) Published, peer-reviewed studies have been completed to 92 determine which injuries and health conditions may be caused by 93 the COVID-19 vaccine if administered alone or with other 94 vaccines over the short, medium, and long terms. 95 (e) The risk of permanent disability and death from the 96 COVID-19 vaccine has been proven by clear and convincing 97 evidence to be less than that caused by the disease it is 98 intended to prevent, based on the person’s age and demographic 99 group. 100 (f) The infection targeted by the COVID-19 vaccine is 101 highly transmissible in public settings, and there are no 102 available: 103 1. Reasonable nonpharmaceutical interventions capable of 104 reducing the risk of the spread of the targeted infection; 105 2. Effective nutrient or drug treatments to reduce the risk 106 of infection; or 107 3. Effective nutrient or drug treatments to reduce the risk 108 of severe disease or mortality as a result of the infection. 109 (g) The infection targeted by the COVID-19 vaccine poses a 110 grave health risk to the specific population being required to 111 receive it. 112 (h) The COVID-19 vaccine has been proven by clear and 113 convincing evidence to prevent person-to-person transmission of 114 the targeted infection. 115 (3) Notwithstanding subsection (2), a person may not be 116 required to receive a COVID-19 vaccine under this section if he Florida Senate - 2022 SB 594 8-00449B-22 2022594__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. 117 or she objects, in writing, on grounds that receiving the 118 vaccines used to prevent SARS-CoV-2 or COVID-19 conflicts with 119 his or her moral, ethical, religious, or philosophical beliefs. 120 Such person is entitled to all of the rights and protections 121 provided herein. 122 (4) Any person found to be aggrieved by a violation of this 123 section has a right of action in circuit court for injunctive or 124 other equitable relief and is entitled to recover damages and 125 reasonable attorney fees for each violation. 126 Section 3. This act shall take effect upon becoming a law.