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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXIX
Chapter 381
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F.S. 381.875
381.875 Enhanced potential pandemic pathogen research prohibited.
(1) As used in this section, the term:
(a) “Enhanced potential pandemic pathogen” means a potential pandemic pathogen that results from enhancing the transmissibility or virulence of a pathogen. The term does not include naturally occurring pathogens circulating in or recovered from nature, regardless of their pandemic potential.
(b) “Enhanced potential pandemic pathogen research” means research that may be reasonably anticipated to create, transfer, or use potential pandemic pathogens that result from enhancing a pathogen’s transmissibility or virulence in humans.
(c) “Potential pandemic pathogen” means a bacterium, virus, or other microorganism that is likely to be both:
1. Highly transmissible and capable of wide, uncontrollable spread in human populations; and
2. Highly virulent, making it likely to cause significant morbidity or mortality in humans.
(2) Any research that is reasonably likely to create an enhanced potential pandemic pathogen or that has been determined by the United States Department of Health and Human Services, another federal agency, or a state agency as defined in s. 11.45 to create such a pathogen is prohibited in this state.
(3) Any researcher applying for state or local funding to conduct research in this state must disclose in the application to the funding source whether the research meets the definition of enhanced potential pandemic pathogen research.
(4) The Department of Health shall exercise its authority under s. 381.0012 to enjoin violations of this section.
(5) This section does not affect research funded or conducted before May 11, 2023. 1, 37, ch. 2023-71.