Chris Dawson, Attorney, GrayRobinson Law Firm
Upon the call from Governor Ron DeSantis, the Florida Legislature convened in Special Session during the month of November in response to the Biden Administration’s implementation of federal COVID-19 vaccination mandates. During the Special Session,
which overlapped with the Legislature’s fifth Interim Committee Week in advance of the 2022 Regular Session, Florida legislators considered four pieces of COVID-related legislation. Let’s explore those legislative priorities in further detail.
HB 1B by Representatives Erin Grall (R – Vero Beach) and Ralph Massullo, Jr. (R – Beverly Hills), SB 2B by Senator Danny Burgess (R – Zephyrhills).
The COVID-19 Mandates Bill addresses employer-driven vaccine mandates, including those promulgated by the Biden Administration through Occupational Safety and Health Administration (OSHA) rule. The bill stops short of an all-out ban on vaccine mandates but requires employers to establish exemptions for categories such as pregnant women, religious convictions
and employees naturally-immunized through prior COVID-19 infection. The bill also requires employers to avoid vaccination mandates by agreeing to regular testing or to wear protective equipment like masks, for example. Lastly, the bill again dictates that government agencies and schools are prohibited from requiring vaccination and it clarifies that parents may unilaterally decide whether their child will wear a mask in school.
HB 3B by Representatives Erin Grall (R – Vero Beach) and Ralph Massullo, Jr. (R – Beverly Hills), SB 4B by
Senator Danny Burgess (R – Zephyrhills).
HB 3B/SB 4B provides a public records exemption from Florida’s broad public records law for information derived during investigations of vaccination requirements, including employee complaints alleging a private employer’s violation of state law regarding employer COVID-19 vaccination policies or practices. Also shielded is all information held by the Department of Legal Affairs pursuant to an active investigation of such complaints.
HB 5B by Representative Adrian Zika (R – Land O’Lakes), SB 6B by Senator Travis Hutson (R – Palm Coast).
The Legislature took aim at the Biden Administration’s promulgation of vaccine requirements through OSHA with this legislation,
which directs the Executive Office of the Governor to develop a proposal for a state plan to assert state jurisdiction over occupational safety and health issues for government and private employees. This would be an initial step in Florida’s withdrawal from the OSHA, whereas twenty-one other states already have their own such workplace safety agency. The legislation appropriates $1,000,000 for the effort and further directs the Division of Risk Management and the Division of Workers’ Compensation within the Department of Financial Services, the Department of Health and the Department of Business and Professional Regulation to assist with the development of the plan.
HB 7B by Representative Alex Andrade (R – Pensacola), SB 8B by Senator Aaron Bean (R – Jacksonville).
The State Health Officer’s power to require vaccination would be clipped by HB 7B/SB 8B. The legislation deletes the authorization to require vaccination from the Officer’s enumerated powers in statute. The State Health Officer would still be empowered to force treatment for diseases during a public health emergency and to require isolation or quarantine of citizens when a communicable disease threatened “severe danger” to public health.
The November Special Session and related bills were yet another battlefield in Florida’s wide-ranging resistance to federal COVID-19 policies and mandates. Further issues related to COVID-19 and mandates may be addressed in the 2022 Regular Session, but the bills discussed herein were prioritized and fast-tracked by state leadership as necessary to protect Florida citizens. The Florida Legislature will convene in Regular Session beginning on January 11, 2022.
Chris Dawson is an Attorney and professional Lobbyist for GrayRobinson’s Orlando office and is licensed to practice law in both Florida and Alabama. He primarily focuses on lobbying and government relations for public and private sector clients at the executive and legislative levels of state government. He is credentialed as a Designated Professional Lobbyist by the Florida Association of Professional Lobbyists. Chris also holds two degrees in Civil Engineering and has experience in construction litigation and design professional malpractice defense.
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