Florida Bill Will Remove the State's Ability to Order an Individual Tested or Treated During an Emergency

A bill under consideration in the Florida House of Representatives will limit the ability of the State Health Official to order an individual to be tested or treated during a public health emergency.

HB 1487, introduced by Rep. Joel Rudman (R-Okaloosa) modifies a law that has been on the books since 2002 which allowed for the Public Health Official to order an individual to be tested, treated or vaccinated "by any means necessary".

The word "vaccinate" was removed by a bill passed during the 2021 Special Session and signed into law by Governor Ron DeSantis. The words "test" and "treat" remain in Florida statute. Rudman's bill seeks to remove these words. Rudman also seeks to limit the Governor's ability to continue a public health emergency. During the Covid pandemic, Florida was under a State of Emergency from March 9, 2020 through June 26, 2021, renewed every two months at the stroke of a pen by Governor DeSantis. This perpetual state of emergency empowered local governments for a time to impose mask mandates and other restrictions related to Covid-19.

Rudman's bill will require the authorization of two-thirds majority of each chamber of the Legislature if the Governor wishes to extend a State of Emergency passed 90 days. The declaration would automatically expire if such authorization was not granted.

Rudman's bill is currently in the State Affairs Committee and the legislative session is set to wrap up next week.