Health Care Choices Frequently Asked Questions

1.    Who must comply with Section 381.00316?
Businesses and governmental entities are required to comply with the newly revised law. 

2.    Does Section 381.00316 regulate educational institutions?
Section 381.00316, F.S., does not apply to public or private educational institutions. Pursuant to Section 381.00319, F.S. (2023), COVID-19 and other vaccine restrictions implemented by educational institutions are regulated by the Florida Department of Health. Questions or complaints regarding educational institution requirements and restrictions should be submitted to the Florida Department of Health at VaxPassFreeFL@FLHealth.gov. 

3.    Does the Section 381.00316 apply to health care providers/practitioners who require that I wear a mask?
Pursuant to Section 408.824, F.S. (2023), mask requirements by health care providers and practitioners are regulated by the Agency for Health Care Administration and the Florida Department of Health. Questions or complaints regarding mask mandates or other face covering requirements by a health care provider/practitioner should be submitted to the Florida Department of Health at MQA.ConsumerServices@FLHealth.gov. 

4.    How can I complete a complaint form alleging a violation of Section 381.00316?
Those wishing to file a complaint must complete the Department’s Discrimination Based on Health Care Choices Complaint Form (DBHC-001). The complaint form may be filled out online by clicking here. Complaints submitted online will be processed more quickly. Complaint forms may also be submitted by email to: HealthCareChoices@myfloridalegal.com or by U.S. Mail to: Department of Legal Affairs, Health Care Choices Program, PL-01, the Capitol, Tallahassee, FL 32399-1050. 

5.    What do I need to submit with my complaint?
If your complaint concerns non-COVID-19 vaccine requirements, you will be required to provide a copy of your medical or religious exemption request and the subject’s denial.

6.    What happens after I submit my complaint?
Once your complaint is submitted, the Department will review it. If your complaint is legally sufficient, the subject of your complaint will be contacted for a response. If your complaint is missing information needed to make a legal sufficiency determination, the Department will seek additional information from you. 

7.    Will the subject of my complaint get to respond?
Yes. Once a complaint is received and found legally sufficient, the Department will contact the subject of your complaint and the subject will have the opportunity to submit a response to the Department. 

8.    If I was terminated, will I get my job back?
Job reinstatement is not an express remedy for a violation of Section 381.00316, F.S. Under certain circumstances, government employees may be eligible for reemployment assistance under Chapter 443, Florida Statutes. 

9.      If I was not hired because of a COVID-19 requirement, will the employer be required to offer me a job?
Employment (or the offer of employment) is not an express remedy for a violation of Section 381.00316, F.S.

10.      Is the subject of my complaint subject to fines under Section 381.00316?
The Department may issue fines of up to $5,000 against businesses or governmental entities for each violation of Section 381.00316, F.S.

11.     Will I receive a monetary award if the subject of my complaint is found to be in violation of Section 381.00316?
No. Section 381.00316, F.S., does not allow for restitution or monetary award for complainants.