US Vaccine Mandate Targeted By FL Lawmakers In Special Session

TAMPA, FL — Tampa General Hospital senior leadership joined by hospital team members, 100 patient advocates and family members boarded buses Tuesday morning bound for the state Capitol to meet with legislators to talk about how the hospital has affected, improved and save lives.

The trip to Tallahassee comes as the Legislature meets in special session to discuss ways to protect Florida jobs in light of the presidential mandate that all companies with federal contracts and health care facilities that receive Medicare and Medicaid funding must require employees to be vaccinated against the coronavirus.

Hospital officials argue this would mean dismissing nurses and technicians who decline to be vaccinated when there's already a critical shortage of hospital workers.

The special session called by Gov. Ron DeSantis and supported by Republican legislators began Monday to discuss legislation to protect employees from the national vaccine mandate.

Florida Attorney General Ashley Moody has already filed a lawsuit against the federal government over the mandate.

“No cop, no firefighter, no nurse, nobody should be losing their job because of these jabs. We must stand up for people and protect their jobs and livelihoods,” said DeSantis during a news conference at which he released the agenda for the legislative session.

“What the federal government is doing is wrong. It is wrong to kick people out of work; it is wrong to try to micromanage businesses; and it is wrong to deprive key industries of people that we need. Most importantly, what they are doing is unconstitutional and we have a responsibility to stand up for the Constitution and protect Floridians," he said.

Joined by Florida Speaker Chris Sprowls, R-Palm Harbor, and Senate President Wilton Simpson, R-Trilby, DeSantis said the legislative proposals "may be the strongest protections for both private- and public-sector employees anywhere in the country."

“I am proud to stand with Gov. DeSantis, Speaker Sprowls, my legislative colleagues and freedom-loving Floridians across this state who are just trying to raise their families and make a living,” said Simpson. “We were appalled by the unworkable, 490-page totalitarian edict the Biden administration issued. I am shocked to see such an unconstitutional mockery of the important role of OSHA."

“Authoritarian edicts from the Biden regime stop here,” said Sprowls. “The ‘Keep Florida Free’ agenda represents the strongest response in America against attacks on personal health decisions, livelihoods and liberty. From exploring separation from the federal Occupational Standards and Health Administration to affirming parents’ rightful role to decide whether their child wears a mask or gets a vaccine, I am proud to stand with President Simpson and Gov. DeSantis on the front lines of this common-sense American fight for freedom. In Florida, we will do everything in our power to ensure that no one will be forced to get a vaccine who does not want one.”

Also joining DeSantis at the news conference were employers who said they stand to lose an untold number of workers due to the Biden vaccine mandates.

“We keep 100 trucks running up and down the road, and we worked tirelessly throughout the pandemic,” said Doc Hyder, president of Rowland Transportation in Dade City. “This arbitrary 100-person rule from Biden and OSHA makes no sense to us. The vaccine mandate will mean more chaos on the supply chain, less on the shelves, and it is going to hurt families, companies and the economy."

“The Hillsborough County Sheriff’s Office has always encouraged vaccinations, but it has never been mandatory, nor do we have any plans to do so," said Donna Lusczynski, Hillsborough County Sheriff’s Office chief deputy. "If that were to be the case, it would be debilitating. We have over 300 deputy vacancies currently; even a large agency like ours could not sustain additional manpower vacancies because of overreach of the federal government. A vaccine mandate creates a public safety issue that would put all Floridians at risk."

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Democratic legislators are attending the special session reluctantly, calling it a power play by DeSantis in his bid to run for president.

"I think this is a politically motivated and calculated move on behalf of the governor to promote his own ambitions of running for president," said minority leader Sen. Lauren Book, D-Hollywood. “As legislators, we are charged with a duty to protect the health and well-being of our residents, and denying businesses the freedom to decide the best protocols is outrageous and out of line with our American values."

“I once again call on the governor to abandon his reckless anti-science and anti-Biden crusade that only serves his political ambition at the cost of further taxpayer-funded lawsuits, economic disruptions, and the lives of Floridians,” Democratic Commissioner of Agriculture Nikki Fried said.

“We continue to see the governor trying to leverage this wedge issue to really divide our state and to continue to perpetuate dangerous misinformation that not only hurts the ability for people to trust the COVID-19 vaccine, but it hurts the ability for people to trust vaccines as a whole,” said Rep. Anna V. Eskamani, D-Orlando.

“The last thing we need right now is more big government interference that does nothing to address the growing challenges facing the people of our state,” Rep. Ben Diamond, D-St. Petersburg said.

Proposed legislation being considered during the special session includes:

SB 2B / HB 1B: Reject COVID-19 Vaccine Mandates

Sponsored by Senator Danny Burgess, R-Zephyrhills, and Representatives Erin Grall, R-Vero Beach, and Ralph Massullo, R-Lecanto, this comprehensive legislation protects students, parents, employees and employers in our state by creating a framework for employees to make the best decision for their health and affirming the rights of parents to make health care decisions for their children.

Creates Options for Private-Sector Employers and Employees

Specifically, the legislation prohibits 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

Prohibits Vaccine Mandates for Government and Education Employees

The legislation builds on provisions of SB 2006, passed earlier this year, by affirming that no public educational institution or governmental entity may require COVID-19 vaccination as a condition of employment.

Protects Parents as the Sole Decision Makers for their Children

The legislation makes it clear that parents and guardians have the sole discretion regarding whether their child will wear a mask in school and prohibits schools from requiring a COVID-19 vaccine. The legislation also prohibits quarantining of asymptomatic students and teachers to mitigate harm of learning loss.

Enforces Measures with Fines and Parent Cause of Action

If an employee is improperly denied an exemption, they can file a complaint with the Attorney General. Fines of up to $50,000 apply for employers who improperly terminate an employee, or the employer can reinstate the employee. If a public employee rights’ are violated, the Department of Health may fine per violation, not to exceed $5,000. Furthermore, parents and guardians have the right to sue to stop the mandate and can recover their attorney fees and court costs to help ensure that the above provisions regarding their children are not violated.

SB 4B/ HB 3B: Protect Private Health Care and Religious Information

Sponsored by Burgess, Massullo and Grall, the legislation protects workers from undue retaliation by creating a public records exemption for certain information, such as personal medical information or information regarding an employee’s religious beliefs, contained in files created during an investigation of an employer that refuses to provide the individual exemptions or terminates an employee based on COVID-19 vaccination status.

SB 6B/ HB 5B: Begin withdrawing from OSHA

Sponsored by Senator Travis Hutson, R-St. Augustine, and Representative Ardian Zika, R-Land O’Lakes, the legislation takes the first step toward developing a proposal to withdraw from the federal Occupational Safety and Health Administration and assert state jurisdiction over occupational safety and health issues.

SB 8B/ HB 7B: Remove Authority of State Health Officer to Order Vaccinations

Sponsored by President Pro Tempore Aaron Bean, R-Fernandina Beach, and Representative Alex Andrade, R-Pensacola, the legislation repeals provisions of existing law, which have never been used, that could allow the state health officer to force vaccinations on Floridians.

See the full legislative agenda here.

See related stories:

• DeSantis Sets Nov. 15 Start Date For Special Session Of FL Legislature
• DeSantis Sues Biden Over Vaccine Mandates For Businesses
• Vaccine Mandates Would Put Thousands Out Of Work: Gov. DeSantis