Download the PDF HERE: Masks-4-business-florida. If you get harassed you can read this to them or hand this to them. I recommend getting a “notice of discrimination” from https://www.thehealthyamerican.org/
This is for the state of Florida – The Healthy American has documentation for other states.
It is against the law for business’ to require someone to wear a mask, take their temperature or any other medical interventions. It is illegal for them to deny service to any person not willing to wear a face covering, temperature check or any other medical intervention.
- A licensed medical professional is the only person qualified to give medical advice, including the advice to wear a mask, which negatively affects the respiratory system, neurological system and immune system.
- Practicing medicine without a license is an offense punishable by law.
- There is no law in Florida that requires anyone to wear a mask into any business establishment. Guidelines are not laws.
- Equal access and accommodations in any business establishment whatsoever is protected by law. No citizen may be discriminated against based on health condition.
Practicing Medicine without a license
Florida Penal Code: 465.065
https://www.flsenate.gov/Laws/Statutes/2011/456.065
Unlicensed practice of a health care profession; intent; cease and desist notice; penalties; enforcement; citations; fees; allocation and disposition of moneys collected.—
1. It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, to practice, attempt to practice, or offer to practice a health care profession without an active, valid Florida license to practice that profession. Practicing without an active, valid license also includes practicing on a suspended, revoked, or void license, but does not include practicing, attempting to practice, or offering to practice with an inactive or delinquent license for a period of up to 12 months which is addressed in subparagraph 3. Applying for employment for a position that requires a license without notifying the employer that the person does not currently possess a valid, active license to practice that profession shall be deemed to be an attempt or offer to practice that health care profession without a license. Holding oneself out, regardless of the means of communication, as able to practice a health care profession or as able to provide services that require a health care license shall be deemed to be an attempt or offer to practice such profession without a license. The minimum penalty for violating this subparagraph shall be a fine of $1,000 and a minimum mandatory period of incarceration of 1 year.
2. It is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, to practice a health care profession without an active, valid Florida license to practice that profession when such practice results in serious bodily injury. For purposes of this section, “serious bodily injury” means death; brain or spinal damage; disfigurement; fracture or dislocation of bones or joints; limitation of neurological, physical, or sensory function; or any condition that required subsequent surgical repair. The minimum penalty for violating this subparagraph shall be a fine of $1,000 and a minimum mandatory period of incarceration of 1 year.
Public Accommodation
It is ILLEGAL for you or another employee to prohibit someone to enter this establishment, which is a place of public accommodation. U.S. Federal Civil Rights Law, Title II requires free and equal access to all services and facilities WITHOUT DISCRIMINATION. Having someone else shop for them is not equal.
The Civil Rights Act of 1964 Sections 703 A(1)(2).
You are not permitted by law from discriminating against an individual based on age, gender, ethnicity, medical condition or religious beliefs. The U.S. Department of Justice, Civil Rights Division is required to investigate complaints of discrimination.
Penal Code 760.08
https://www.flsenate.gov/laws/statutes/2011/760.08
760.08 Discrimination in places of public accommodation.—All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this chapter, without discrimination or segregation on the ground of race, color, national origin, sex, handicap, familial status, or religion.
False Imprisonment
Penal Code: 787.02
https://www.flsenate.gov/Laws/Statutes/2016/787.02
It is ILLEGAL for you or another employee to block someone’s entry to your establishment. This is a place of public accommodation and as such, no person may be prevented entry when this establishment is open to the public. Attempting to prevent someone’s entry to this establishment or to restrict,
detain or confine their movement constitutes FALSE IMPRISONMENT
False imprisonment; false imprisonment of child under age 13, aggravating circumstances.—
(1)(a) The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.
(b) Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian.
(2) A person who commits the offense of false imprisonment is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Assault
Penal Code: 784.011
https://www.flsenate.gov/Laws/Statutes/2012/784.011
Any attempt by you or an employee to summon law enforcement with a claim of “trespassing” will be reported as ASSAULT by you or your employee. You or your employee can be charged with and convicted of assault. There is NO VALID CLAIM of TRESPASS because:
a. your business establishment is open to the public
b. this business has extended an irrevocable license to the public for entry
c. the patron has entered legally and has not interfered with the business
d. there has been no evidence of violation.
(9) If you are wearing a mask while engaged in any of the above violations, this
aggravates your crime.
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
It is ILLEGAL for you or another employee to attempt to enforce local ordinances. You are not a law enforcement officer and impersonating a law enforcement officer is a crime.
Penal Code 843.08
https://www.flsenate.gov/Laws/Statutes/2013/843.08
Falsely personating officer, etc.—A person who falsely assumes or pretends to be a sheriff, officer of the Florida Highway Patrol, officer of the Fish and Wildlife Conservation Commission, officer of the Department of Transportation, officer of the Department of Financial Services, officer of the Department of Corrections, correctional probation officer, deputy sheriff, state attorney or assistant state attorney, statewide prosecutor or assistant statewide prosecutor, state attorney investigator, coroner, police officer, lottery special agent or lottery investigator, beverage enforcement agent, or watchman, or any member of the Parole Commission and any administrative aide or supervisor employed by the commission, or any personnel or representative of the Department of Law Enforcement, or a federal law enforcement officer as defined in s. 901.1505, and takes upon himself or herself to act as such, or to require any other person to aid or assist him or her in a matter pertaining to the duty of any such officer, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, a person who falsely personates any such officer during the course of the commission of a felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the commission of the felony results in the death or personal injury of another human being, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.