Bill Text: FL S0364 | 2021 | Regular Session | Introduced


Bill Title: Discrimination on the Basis of Personal Health Information

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2021-03-02 - Introduced [S0364 Detail]

Download: Florida-2021-S0364-Introduced.html
       Florida Senate - 2021                                     SB 364
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00698A-21                                           2021364__
    1                        A bill to be entitled                      
    2         An act relating to discrimination on the basis of
    3         personal health information; creating s. 322.144,
    4         F.S.; prohibiting business and governmental entities
    5         that require individuals to present driver licenses
    6         and identification cards for specified purposes from
    7         taking certain actions on the basis of individuals’
    8         vaccination status and proof of immunity from any
    9         virus; providing construction; creating s. 760.70,
   10         F.S.; prohibiting public accommodations from
   11         discriminating against individuals on the basis of
   12         vaccination or immunity status; providing
   13         construction; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 322.144, Florida Statutes, is created to
   18  read:
   19         322.144 Use of driver license or identification card in
   20  connection with vaccination or immunity status prohibited.—
   21         (1)A business entity or a governmental entity that
   22  requires an individual to present a driver license or an
   23  identification card for identification purposes or as proof of
   24  driving or traveling privileges may not do any of the following:
   25         (a)Connect an individual’s vaccination status or proof of
   26  immunity from any virus to his or her driver license or
   27  identification card records.
   28         (b)Require an individual to receive a vaccination or
   29  provide proof of immunity from any virus.
   30         (c)Discriminate against, deny services or access for, or
   31  otherwise penalize an individual for not receiving a vaccination
   32  or providing proof of immunity from any virus.
   33         (2)This section shall prevail over any conflicting
   34  provisions in a general law, present or future, to the extent of
   35  the conflict; but if any such general law contains a specific
   36  exemption from this section, including a specific reference to
   37  this section, such general law shall prevail, but only to the
   38  extent of the exemption.
   39         Section 2. Section 760.70, Florida Statutes, is created in
   40  part III of chapter 760, Florida Statutes, to read:
   41         760.70Discrimination on the basis of vaccination or
   42  immunity status prohibited.—
   43         (1)A public accommodation may not discriminate against an
   44  individual on the basis of his or her vaccination or immunity
   45  status for any virus by doing any of the following:
   46         (a)Providing any disposition, service, financial aid, or
   47  benefit to an individual which is different from, or which is
   48  provided in a different manner than, that provided to other
   49  members of the general public.
   50         (b)Subjecting an individual to segregation or separate
   51  treatment in any matter related to his or her receipt of any
   52  disposition, service, financial aid, or benefit provided to
   53  other members of the general public.
   54         (c)Restricting an individual in any way in the enjoyment
   55  of any advantage or privilege enjoyed by others receiving any
   56  disposition, service, financial aid, or benefit provided to
   57  other members of the general public.
   58         (d)Treating an individual differently from others in
   59  determining whether he or she satisfies any admission,
   60  enrollment, quota, eligibility, membership, or other requirement
   61  or condition that individuals must meet in order to be provided
   62  any disposition, service, financial aid, function, or benefit
   63  available to other members of the general public.
   64         (e)Denying an individual the opportunity to participate in
   65  a program through the provision of service or otherwise afford
   66  that individual an opportunity to do so which is different from
   67  that afforded to other members of the general public.
   68         (2)This section prevails over any conflicting provisions
   69  in general law, present or future, to the extent of the
   70  conflict; but if any such general law contains a specific
   71  exemption from this section, including a specific reference to
   72  this section, such general law prevails, but only to the extent
   73  of the exemption.
   74         Section 3. This act shall take effect July 1, 2021.

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