Memorandum
TO: Municipal Attorneys
FROM: Kraig Conn, General Counsel
FROM: Eric Hartwell, Deputy General Counsel
SUBJ: Employee Vaccination Requirements
DATE: September 14, 2021
On September 13, Governor DeSantis and Attorney General Moody stated local government employee vaccination requirements violate a newly enacted law Section 381.00316(2), Florida Statutes (see CS/CS/SB 2006, Chapter 2021-8, Laws of Florida). (Also see attached Amicus Brief filed by the Attorney General on September 13 in Friend v. City of Gainesville). The Governor and Attorney General point to the following language in Section 381.00316(2):
- “A governmental entity…may not require persons to provide any documentation certifying COVID-19 vaccination or post-infection recovery to gain access to, entry upon, or service from the governmental entity’s operations in this state. This subsection does not otherwise restrict governmental entities form instituting screening protocols consistent with authoritative or controlling government-issued guidance to protect public health.”
Section 381.00316(4) provides that the state Department of Health may impose a fine not to exceed $5,000 per violation. The Department’s rule implementing this law is 64-8.001, FAC, and is effective September 16, 2021.
Various cities and counties have implemented an employee vaccination requirement. While subsection 381.00316(2) does not expressly reference local government employees, we share this information because the Governor's and Attorney General's comments indicate a clear intention to enforce that subsection in such manner.
One common alternative to a vaccine requirement is requiring employees to provide a negative COVID-19 test result on a periodic basis. (Please note, depending on individual city circumstances, collective bargaining may be required). We will provide updates on this matter as needed.
