Special Session 2021B on Banning Vaccine Mandates in Florida Happens Alongside FAC’s Legislative Conference

in Walton County


Mid-November welcomed in a busy week as FAC’s 2021 Legislative Conference coupled with a quick Special Session. In Tallahassee, four bills introduced focused on banning vaccination mandates, providing protections for those terminated based on their vaccine status, and withdrawing from Occupational Safety and Health Administration (OSHA). All four bills were signed into law on Thursday, November 18th. Legislators will take a week-long break for Thanksgiving and reconvene for the last committee week of the year on Monday, November 29th.   

  

FAC welcomed in counties all across Florida for a week in the beautiful panhandle of Walton County. This week FAC finalized its State and Federal Legislative Action Plan for the upcoming year. Thank you to everyone who participated in this year’s Legislative Conference and we look forward to seeing everyone in Tallahassee very soon for Session and FAC’s 2022 Legislative Day on January 19th. Lastly, we hope everyone has a restful Thanksgiving filled with family and friends! We are very thankful for each of you!   

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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FAC Contact 


For additional information, please contact Eddy Labrador at elabrador@fl-counties.com

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This week the Senate Select Subcommittee on Congressional Reapportionment and Senate Select Subcommittee on Legislative Reapportionment both presented the drafts of the Redistricting Plans of Congressional maps and State Senate maps created by Committee staff.   

  

Committee staff explained how the maps complied with Tier-One and Tier-Two standards. Additionally, staff discussed the functional analysis and data of each of the plans. To watch the step-by-step breakdown of each of the plans, please visit the links below at “video.”  

  

The plans include:   

  

State Senate  

  • S000S8010  
  • S000S8012  
  • S000S8014  
  • S000S8016  

  

Congressional  

  • S000C8002  
  • S000C8004  
  • S000C8006  
  • S000C8008  

  

To view the above submitted plans they can be found on Florida’s Official Redistricting Webpage.

  

The presentation may be accessed below:  

   

Senate Select Subcommittee on Congressional Reapportionment: Meeting Packet | Video  

   

Senate Select Subcommittee on Legislative Reapportionment: Meeting Packet | Video  

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FAC Contact 


For additional information, please contact Eddy Labrador at elabrador@fl-counties.com

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The Infrastructure Investment and Jobs Act Signed into Law   

  

On November 5, the U.S. House of Representatives passed the Infrastructure Investment and Jobs Act. The Infrastructure Act provides investments with the goal of improving clean drinking water, ensuring access to reliable high-speed internet, repairing and rebuilding roads and bridges to prepare for future mitigation, reducing greenhouse emissions by investing in public transportation, building a network of EV chargers across the US, investing in infrastructure to prepare for future impacts of climate change, cyber-attacks, and extreme weather, upgrading our airports and ports, and creating jobs over the next ten years. The Act consists of $973 billion over five years (FY22-FY26), including $550 billion in newinvestments in transportation, water, broadband, energy and power, environmental remediation, western water infrastructure, and resiliency. Of the $550 billion the category breakdown includes:   

  

  • Transportation: $284 billion  
  • Water: $55 billion  
  • Broadband: $65 billion  
  • Energy & Power: $73 billion  
  • Environmental remediation: $21 billion  
  • Western water infrastructure: $8.3 billion  
  • Resiliency: $46 billion  

Funding Access   


There are a few ways counties can access transportation funds, through competitive grant opportunities (issued by the federal government), competitive grant opportunities (issued by the state government), suballocations from state departments of transportation, and through meeting certain eligibility to receive formula funds. As more information and ruling comes out on the Infrastructure Investment and Jobs Act, FAC will be following closely.   


To learn more about the Infrastructure and Investment Jobs Act, view NACo’s Legislative Analysis here.

  

To view the White House Fact Sheet, click here