Florida Statutes in a Nutshell

Not all recommended vaccines are required by law.

KNOW the difference between a recommended vaccine and a required vaccine.

When the CDC decides that a vaccine is safe and useful, they recommend it for use. The only required vaccines are those for children attending public/private K-12 schools. These vaccines are not required if a parent/guardian claims exemption.

Adults and students age 18 or older have informed consent rights and may decline any recommended vaccines. Thus, while certain vaccines are recommended for college students, they are not required by law for admission or for on-campus housing. While hospitals and other work places may promote or offer certain vaccines, there are no laws requiring vaccines as a condition for employment.

In a nutshell, Florida vaccine statutes can be summarized as follows:

  • Religious exemption from school admissions vaccine requirements for childcare and family daycare facilities, public and private pre-K and K-12 is provided for by law and cannot be denied.   FS 1003.22 (5)(a)
  • Private school governing authorities are required to comply with the provisions of FS 1003.22, which provides for religious exemption.     FS 1003.22 (5)(a); FS 1002.42 (6)(a)
  • Childcare and daycare facilities are required by law to maintain health records on all children including immunization and exemption certificates. FS 402.305 (9)(a), FS 402.313 (7); see Administrative Code 65C-22.006 (2)(c),
  • Immunization records are not required by law for drop in child care facilities. F.S. 402.305 (9)(c)
  • Influenza vaccines are not required by law for children enrolled in daycare and family care facilities. No statutory requirement
  • Childcare and family care facilities are required by law to provide parents information regarding the causes, symptoms and transmissions of the influenza virus and the importance of influenza vaccines as recommended by CDC, however this vaccine is not by law an admissions requirement.  F.S. 402.305 (9)(b); F.S. 402.313 (14)
  • Hepatitis A vaccine is not required by law for daycare or K-12 schools.  No statutory requirement
  • Meningococcal vaccines are not required by law for K-12 or college/university students.  No statutory requirement
  • The Human Papillomavirus vaccine (HPV) is NOT required by law for any K-20 students.  No statutory requirement
  • Each school district is required by law to provide parents of students a schedule of CDC recommended vaccines and information about meningococcal meningitis (causes, symptoms, vaccines, contraindications, etc.)  FS 1002.23 (7)(e)(1-2)
  • No vaccines are required for admission to post-secondary schools (college/universities).  No statutory requirements
  • Hepatitis B and meningococcal vaccines are recommended for post secondary school admission (colleges/universities) but are NOT required by law. Students may decline all vaccines.    FS 1006.69 section (1)
  • Post secondary institutions (colleges/universities) are required by law to provide information about the risks associated with meningococcal meningitis and hepatitis B and the availability, effectiveness, and known contraindications of these recommended vaccines, however these vaccines are not admissions requirements. FS 1006.69 (1)
  • Students residing in on-campus housing may decline the meningococcal meningitis and hepatitis B vaccines. FS 1006.69 (2)
  • Additional (booster) MMR, measles and rubella vaccines are not required by law for admission to post-secondary schools (colleges/universities). No statutory requirement
  • Postsecondary schools (colleges/universities) are required by law to comply with federal and state laws, rules and regulations, including religious discrimination laws. FS 1001.64 (8) (g), FS 1001.65 (16), FS 1001.74 (7), FS 1006.53
  • Postsecondary institutions (colleges/universities) are required by law to accommodate the religious beliefs of students in regards to admissions. FS 1001.64 (8) (g), FS. 1001.65 (16), FS 1001.74 (7), FS 1006.53
  • No vaccines are required by law for workforce. Vaccines are not required by law as a precondition for employment.   No statutory requirement
  • · Employers are required to make available the hepatitis B vaccine and vaccination series to all employees who have occupational exposure.   OSHA 29 CFR 1910.1030 (f) (1) (i)
  • Employees who have occupational exposure to hepatitis B may decline the recommended vaccine.   OSHA 29 CFR 1910.1030 (f) (2) (iv)
  • Hospital employees are NOT required by law to receive recommended vaccines. No statutory requirement
  • Hospitals are not required by law to ensure that hospital employees are vaccinated with hepatitis B, influenza, MMR, varicella or pneumococcal vaccine.  No statutory requirement; CDC State Immunization Laws for HealthCare Workers and Patients
  • Certain vaccines (hepatitis B, influenza, pneumococcal, MMR, varicella) are recommended for hospital employees, but none are required by law. CDC State Immunization Laws for HealthCare Workers and Patients
  • Nursing homes are required by law to encourage and promote influenza vaccines to employees, but employees are not required by law to have influenza vaccines. FS 400.141 (22-24)
  • Ambulatory Care Facility employees are not required by law to receive any vaccines.    No statutory requirement
  • Ambulatory Care Facilities are not required by law to offer any vaccines to employees or ensure that employees are vaccinated with any vaccines. CDC State Immunization Laws for HealthCare Workers and Patients
  • First Responders (firefighters, paramedics, emergency medical technicians, law enforcement officers and correctional officers) are not required by law to receive vaccines.    No statutory requirement
  • First Responders are by law disqualified to receive benefits in the event of on the job exposure/infection to communicable diseases (hepatitis vaccines, meningococcal and tuberculosis) if they failed to get or have declined the vaccines or prophylaxis required by the employer. FS 112.181 (3)
  • First Responders are exempt from being disqualified for benefits if the worker’s physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the worker’s health.   FS 112.181 (3)
  • Hospital inpatients are not required by law to receive influenza and pneumococcal vaccines. No statutory requirement
  • Hospitals are required by law to OFFER influenza and pneumococcal vaccines to all inpatients 65 or older but these vaccines are not required by law. FS 381.005 (2)
  • Hospitals are not required by law to ensure that inpatients 65 or older receive influenza and pneumococcal vaccines. FS 381.005 (2); CDC State Immunization Laws for HealthCare Workers and Patients
  • Nursing homes are required by law to provide influenza and pneumoccocal vaccines to CONSENTING residents; however residents may claim exemption due to medical contraindications, religious conviction or personal beliefs. FS 400.141 (22-24, u-w)
  • Consenting nursing home residents are required by law to receive influenza vaccines upon becoming a resident unless they claim exemption due to medical contraindications, religious conviction or personal beliefs. FS 400.141 (22-24, u-w)
  • All nursing home residents are required by law to receive pneumonoccal vaccine if assessed as eligible unless they claim exemption due to medical contraindications, religious conviction or personal beliefs. FS 400.141 (22-24, u-w)
  • Individual healthcare providers are not required by law to offer any vaccines to patients or ensure that any patients are vaccinated with any vaccines. CDC State Immunization Laws for HealthCare Workers and Patients
  • No vaccines are required by law for adoption within the US.  No statutory requirement
  • No vaccines are required by law for travel except yellow fever for travel to certain countries in South Africa and tropical South American and meningococcal vaccine is required by Saudia Arabia during the Hajj. wwwnc.cdc.gov/travel/content/vaccinations.aspx
  • Social welfare assistance applicants who fail to vaccinate because of religious reasons ARE eligible for assistance. Welfare applicants cannot be denied assistance for declining vaccines due to religious conflict.  No statutory requirement
  • Medicaid patients are not required by law to receive any vaccines. No statutory requirement
  • All entities providing health care to Medicaid patients are required to make vaccines available to these patients and also to encourage pregnant women and mothers with infants to receive recommended vaccines in accordance with recommendations of ACIP and AAP.  FS 409.912 (35)(d); CDC State Immunization Laws for HealthCare Workers and Patients