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Ex. FL-030 Order Primary source read

Chapter 2021-8, Laws of Florida (SB 2006)

An act relating to emergency management (amending ss. 252.36, 252.38; creating ss. 252.3611, 381.00316)

Florida Legislature (SB 2006), approved by the Governor · Florida (State)

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The record

Jurisdiction
Florida
Level
State
Authority
Ch. 2021-8, Laws of Fla. (Committee Substitute for SB 2006)
Issued
2021-05-03 May 3, 2021
Effective
2021-07-01 (except as otherwise provided) (read as 2021-07-01)
End
In force (s. 381.00316 later amended Nov. 18, 2021 by Ch. 2021-272 to add employer-mandate provisions, post-period) (read as 2021-11-18)
In force
July 1, 2021 to Nov. 18, 2021
Quarters
2021 Q3
Limitation types
Emergency declarationVaccination or testingOther
Addressees
  • every business entity operating in Florida
  • governmental entities
  • educational institutions
  • political subdivisions issuing emergency orders
Functions reached
  • CB entry conditions: no vaccination-proof requirement for any patron (cruise lines, venues, events, restaurants)
  • MK events and venues
  • HR (from Nov. 2021 only, post-period)
  • preemption of every local order
Collection
Florida FL

Operative words

Section 18. Section 381.00316, Florida Statutes, is created to read: 381.00316 COVID-19 vaccine documentation.-- (1) A business entity, as defined in s. 768.38 to include any business operating in this state, may not require patrons or customers to provide any documentation certifying COVID-19 vaccination or post-infection recovery to gain access to, entry upon, or service from the business operations in this state. This subsection does not otherwise restrict businesses from instituting screening protocols consistent with authoritative or controlling government-issued guidance to protect public health. (2) A governmental entity... may not require persons to provide any documentation certifying COVID-19 vaccination or post-infection recovery... (3) An educational institution... may not require students or residents to provide any documentation certifying COVID-19 vaccination or post-infection recovery for attendance or enrollment... (4) The department may impose a fine not to exceed $5,000 per violation.... Section 12. Subsection (4) is added to section 252.38: (c) An emergency order automatically expires 7 days after issuance but may be extended by a majority vote of the governing body of the political subdivision, as necessary, in 7-day increments for a total duration of not more than 42 days. (d) The Governor may, at any time, invalidate an emergency order issued by a political subdivision if the Governor determines that such order unnecessarily restricts individual rights or liberties. (e) Upon the expiration of an emergency order, a political subdivision may not issue a substantially similar order.... Section 20. Except as otherwise expressly provided in this act, this act shall take effect July 1, 2021. Approved by the Governor May 3, 2021.

Enforcement

s. 381.00316(4): DOH fine up to $5,000 per violation; s. 252.38(4)(d) gubernatorial invalidation

Notes

The statute is the Q3 2021 instrument of general application in Florida: it regulated how every business could condition access, with a $5,000-per-violation penalty. Norwegian Cruise Line Holdings v. Rivkees (S.D. Fla. Aug. 8, 2021) enjoined its enforcement as to that plaintiff only.

Retrieval note

Laws of Florida enrolled text (28 pp.).