Special Session Update November 18, 2021

Governor Ron DeSantis issued a proclamation announcing Special Session 2021B to provide protections for Floridians who have lost their jobs or are having their employment threatened due to vaccine mandates. The Special Session began November 15, 2021, and ended November 17, 2021, with the call being allowed to expire on November 19, 2021. The following four House bills passed the legislature:

• HB 1B – COVID-19 Mandates (Grall)
• Restrict businesses’ ability to mandate vaccines for their employees. Companies have to offer workers a number of exemptions or risk fines of at least $10,000 per violation from the state.  Specifically, the legislation prohibits private-sector employers from having a COVID-19 vaccination mandate for employees without providing at least the five following individual exemptions:
• 1. Medical reasons, as determined by a physician, advanced practice registered nurse, or physician assistant. Medical reasons include pregnancy or expectation of pregnancy.
• 2. Religious reasons, based on a sincerely held belief
• 3. Immunity based on prior COVID-19 infection, as documented by a lab test
• 4. Periodic testing, agreeing to comply with regular testing at no cost to the employee
• 5. Personal protective equipment (PPE), agreeing to comply with use of employer-provided PPE
• This measure would expire June 1, 2023.
• Ban school districts from passing mask mandates and prohibit governments from enacting vaccine requirements for public sector employees.
• HB 3B – Pub. Rec./COVID-19 Vaccination Policies and Practices (Massullo, Jr.)
• Create a public records exemption to conceal from public view investigations by the attorney general’s office into violations of the law restricting vaccine mandates. The investigations would become public once they are closed — except for an individual’s religious or medical information.
• HB 5B – Florida Occupational Safety and Health State Plan (Zika)
• Direct DeSantis to form a plan for the state to eventually create a new agency to replace the federal Occupational Safety and Health Administration in monitoring workplace safety.
• HB 7B - Vaccinations During Public Health Emergencies (Andrade)
• Strike from state law the surgeon general’s ability to mandate vaccination for an individual during a public health crisis.

The bills were signed by the Speaker of the House and the Senate President last night and presented to Governor.  The Governor must act on the bills by 11/24/21.  We believe he will sign the bills today in Brandon.

The measures fall short of what DeSantis urged before the special session began. Lawmakers did not enact a blanket ban on vaccine mandates in the workplace. The bills do not apply retroactively to businesses that have already laid off employees who refuse to get vaccinated.

The protesters at the Capitol claimed the new laws do not go far enough.  The medical community is stuck between federal requirement of mandating vaccinations for employees or lose federal funding and the new state law that will fine them up to $10,000 per infraction if they fire a person for not getting the vaccination.

The business community is confused.  If Florida is a “right to work” state, how will anyone know if the employee was fired due to not taking a vaccination? 

Look for the Courts to sort out much of the legislation passed this week.