Florida bill drastically expands who can circumvent any vaccine requirement

Published Nov. 29, 2023, 2:23 p.m. ET | Updated Nov. 29, 2023

Person prepares a vaccination, Jan. 26, 2021. (Photo/Mufid Manjnun, Unsplash)
Person prepares a vaccination, Jan. 26, 2021. (Photo/Mufid Manjnun, Unsplash)

TALLAHASSEE, Fla. – A new piece of legislation would allow all Floridians to claim an exemption from any vaccine requirement if certain safety criteria are not met.

Sen. Ileana Garcia, R-Miami, filed the bill Wednesday, SB 636.

The bill targets vaccines required in both the public and private sector, such as a condition for employment, school attendance or any licensure, if the vaccine doesn’t meet the following:

  • The U.S. Food and Drug Administration trial must continue for at least one year after the vaccine was tested against a control group, which must receive a placebo or other FDA-approved vaccine.
  • The Florida Department of Health must post all injuries potentially caused by the vaccine, and their occurrence rates.
  • The risk of “permanent disability or death” must be proven to be less than the disease it’s designed to fight against.
  • The manufacturer must assume liability for death or injury caused by the vaccine, and any “design defect claims.”

If approved, the law would take effect immediately.

Under the proposed law, any person can claim the exemption based on the prior criteria on their own behalf. If the subjected person is a child, the parent or guardian can claim the exemption for the child.

It also bans all entities, including employers, school districts, the Florida Department of Health and all other governmental bodies from adding conditions for Floridians to claim this exemption.

The exemption comes on top of other available exemptions under Florida law, such as religious beliefs or medical reasons.

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