SB 252 Impacts Seniors as Retirement Community Closes Clubhouse Amid Rising COVID Cases

In a concerning turn of events, a large retirement community in Tamarac, Florida, has been forced to close its clubhouse due to a surge in COVID-19 cases among its vulnerable senior population. This move is attributed to the enactment of SB 252, a law passed by the Florida Legislature and signed by Governor Ron DeSantis earlier this year. While the law aims to protect individuals from discrimination based on healthcare choices, its implementation is raising serious concerns.

SB 252 Overview:

SB 252 prohibits businesses, including condominiums, cooperatives, and homeowners’ associations, from mandating face coverings or requiring proof of vaccination status, even during a state of emergency related to a public health crisis. It also prohibits businesses from terminating or refusing to hire individuals based on their vaccine status or refusal to wear a face covering when requested, with potential fines of up to $5,000 per violation.

Impact on Senior Communities:

The closure of the clubhouse in Tamarac’s retirement community illustrates the challenges faced by “55 and older” communities in Florida. These communities typically house a more vulnerable population, making health concerns paramount. The closure of recreational amenities, a vital source of social interaction for seniors, is a direct consequence of SB 252.

Moreover, this law will prevent multifamily building boards from requiring contractors and vendors to wear masks when entering residents’ units, a precaution that had been welcomed by health-conscious residents even before the COVID-19 pandemic.

The Call for Individual Healthcare Decisions:

Critics argue that healthcare decisions should be made by individuals in consultation with and guidance from the medical community. In 2020 and 2021, Florida’s community association boards took proactive measures to safeguard their residents against COVID-19, saving lives and reducing hospitalizations. However, SB 252 is now perceived as a significant obstacle for volunteer boards and management professionals striving to protect their residents, particularly if COVID-19 surges persist.

Donna DiMaggio Berger, an attorney with the Becker law firm, represents community associations throughout Florida. This column was originally published in the Palm Beach Post.

In conclusion, SB 252’s impact on senior communities in Florida goes beyond COVID-19, as it restricts the ability of community boards to implement necessary health measures. The debate over individual healthcare decisions versus state-mandated restrictions continues to be a pressing concern, particularly in communities with vulnerable populations.