Florida Immunization Requirements

(Updated December 1993)

Authority: Education Title 16, Attendance-Child Welfare, Fla. Stat. Ann.§ 232.032.

General Rule: "The school board of each district and the governing authority of each nonpublic school shall establish and enforce as policy that, prior to admittance to or attendance in a public or nonpublic school, grades kindergarten through 12, or a public preschool, each child present or have on file with the school a certification of immunization for the prevention of those communicable diseases for which immunization is required." FSA § 232.032.2. "Immunizations shall be required for poliomyelitis, diphtheria, rubeola, rubella, pertussis, mumps, tetanus, and other communicable diseases as determined by rules of the Department of Health and Rehabilitive Services.' FSA § 232.032.1.

Exceptions: The provisions of this section shall not apply if FSA § 232.032.3.:

1)     "The parent or guardian of the child objects in writing that the administration of immunizing agents conflicts with his religious tenets or practices."

The religious exemption HRT Fonn 681, JAN 92, is only to be used to exempt a non-immunized child "because of his family's religious tenets or practices." "It cannot be used to exempt a particular vaccine. " Florida Department of Health and Rehabilitative Services Immunization program, Guidelines, School and Child Day Care, School Year 1993-94, 1. D.

2)      A doctor certifies in writing that the child should be exempt for medical reasons, based upon valid clinical reasoning or evidence.

3)     The Department of Health and Rehabilitive Services determines that any required immunization is unnecessary or hazardous.

4)    A school official grants a 30 day exemption to permit a newly transferred child to obtain      records or immunizations.

Immunity: No doctor or nurse will be liable for any injury caused by action or failure to act in the administration of an immunizing agent to a student if the person acts how a reasonably prudent person withsimilar training would have acted under the same or similar circumstances. FSA § 232.032.4(a).

Responsibility of Parents: The parents or guardians of any child attending a Florida public or private K-12 school are responsible for assuring that the child is in compliance with the provisions of this section. FSA  § 232.032.5.

Strategy: The difficulty here is that home schools fit Florida's definition of "school," and the religious exemption is expressly allowed only for "no immunizations,' not for partial. Additionally, it is expressly stated that the parent is responsible, though no penalty is given.