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Ex. FL-063 Order Primary source read

Executive Order 21-175

Ensuring Parents' Freedom to Choose - Masks in Schools

Governor Ron DeSantis · Florida (State)

The COVID Project

The record

Jurisdiction
Florida
Level
State
Authority
Art. IV, s. 1(a), Fla. Const.; ss. 1003.22(3), 120.54, Fla. Stat.; Ch. 2021-199 (Parents' Bill of Rights)
Issued
2021-07-30 July 30, 2021
Effective
2021-07-30 (immediate) (read as 2021-07-30)
In force
July 30, 2021 to Aug. 27, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementSchools and child careOther
Addressees
  • Department of Health
  • Department of Education
  • Commissioner of Education
  • every school district
Functions reached
  • SCH every district's masking and quarantine rules
  • WF parents' child-care arrangements under the resulting DOH rules
Collection
Florida FL

Operative words

WHEREAS, last summer, at my direction, Florida's Department of Education ordered schools to be open for in-person instruction for five days per week... WHEREAS, on April 29, 2021, Florida Surgeon General Dr. Scott Rivkees issued a Public Health Advisory stating that continuing COVID-19 restrictions on individuals, including long-term use of face coverings, pose a risk of adverse and unintended consequences... Section 1. I hereby direct the Florida Department of Health and the Florida Department of Education, working together, to immediately execute rules pursuant to section 120.54, Florida Statutes, and take any additional agency action necessary, using all legal means available, to ensure safety protocols for controlling the spread of COVID-19 in schools that: A. Do not violate Floridians' constitutional freedoms; B. Do not violate parents' right under Florida law to make health care decisions for their minor children; and C. Protect children with disabilities or health conditions who would be harmed by certain protocols such as face masking requirements. Section 2. Any action taken pursuant to Section 1 above shall at minimum be in accordance with Florida's 'Parents' Bill of Rights' and protect parents' right to make decisions regarding masking of their children in relation to COVID-19. Section 3. The Florida Commissioner of Education shall pursue all legal means available to ensure school districts adhere to Florida law, including but not limited to withholding state funds from noncompliant school boards

Enforcement

s. 3: withholding of State funds from noncompliant school boards (State Board of Education orders of Aug. 17 and Oct. 7, 2021)

Notes

The Q3 2021 instrument directing the DOH school rules (FL-032, FL-033); its recital confirms DOE's July 2020 five-day in-person order.