Bill Prohibiting Vaccine Mandates in Public and Private Institutions Signed into Law
HB 1B- COVID-19 Mandates by Reps. Grall and Massullo, Jr. (SB 2B by Sen. Burgess) passed this special session. The bill prohibits a governmental entity or educational institution from imposing a COVID-19 vaccination mandate on any full-time, part-time, or contract employee. If a violation occurs by a government entity, the Department of Health may impose a fine not to exceed $5,000 per violation. If a public employee is terminated based on the employee’s noncompliance with a COVID-19 vaccine mandate, the terminated employee may be eligible for reemployment assistance. The bill also prohibits private employers from imposing a COVID-19 vaccine mandate without providing the ability to “opt-out.” The following opt-out exemptions include: medical reasons, including pregnancy or anticipated pregnancy, religious reasons for those with a “sincerely held religious belief”, COVID-19 immunity, periodic testing, or use of employer-provided personal protection equipment. Such exemptions must be submitted to the employer on forms adopted by the Department of Health (DOH). If a violation occurs (such as an improper termination) by a private employer, the Attorney General must impose administrative fines of $10,000 for employers with fewer than 100 employees or $50,000 for employers with 100 or more employees. Additionally, the bill prohibits school boards and local officials from requiring students to wear a face mask or covering without a parental exemption. These provisions sunset on June 1, 2023. Many amendments were filed, however, they either failed or were ruled outside of the call of Special Session. Therefore, the bill passed as originally filed. The bill was signed by the Governor on Thursday, November 18th and will take effect immediately.
Bill Providing a Public Records Exemption on Employee Complaints Related to COVID-19 Vaccination Policies Signed into Law
HB 3B- Public Records/Employer COVID-19 Vaccination Policies by Reps. Grall and Massullo Jr. (SB 4B- By Sen. Burgess) passed this special session. The bill, linked to HB 1B, provides an exemption from public records requirements for employee complaints alleging a private employer COVID-19 vaccination policies or practices.
After an investigation is completed or ceases to be active, information relating to the investigation remains confidential and exempt from public records requirements if disclosure of that information would:
- jeopardize the integrity of another active investigation;
- reveal medical information about an employee; or
- reveal information regarding an employee’s religious beliefs.
The public records exemption expires on October 2, 2023. The bill was signed by the Governor on Thursday, November 18th and will take effect immediately.
Legislation Proposing to Withdraw from the OSHA Signed into Law
HB 5B- Florida Occupational Safety and Health State Plan by Rep. Zika (SB 6B by Sen. Hutson) passed this special session. The bill proposes to withdraw from the federal Occupational Safety and Health Administration (OSHA) and establishes the Florida Occupational Safety and Health State Plan. Specifically, the Executive Office of the Governor (EOG) will develop a proposal for a state plan by January 17, 2022, to assert state jurisdiction over occupational safety and health issues for both government and private employees. Additionally, the bill appropriates $1 million to the EOG to implement the plan. Currently, 22 states have an OSHA approved state program, and 5 states and the U.S. Virgin Islands have OSHA approved state plans that only cover public sector employers. The bill was signed by the Governor on Thursday, November 18th and will take effect immediately.
Bill Removing Vaccination Powers from the State Health Officer Authority Signed into Law
HB 7B- Vaccinations During Public Health Emergencies by Rep. Andrade (SB 8 by Sen. Bean) passed this special session. The bill removes the authority from existing law that allowed the State Health Officer to order vaccinations on individuals during a public health emergency. However, the bill keeps intact the ability of the State Health Officer to order an individual to be examined, tested, treated, isolated, or quarantined when a communicable disease presents severe danger to public health. The bill was signed by the Governor on Thursday, November 18th and will take effect immediately.
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