TALLAHASSEE, Fla. — Gov. Ron DeSantis on Friday formally called a special session to address COVID-19 vaccine mandates on employees by businesses and local governments, ordering the Legislature to convene from Nov. 15-19.
But DeSantis backed off from stripping COVID-19 liability protections from businesses that impose vaccine mandates on their workers. DeSantis pushed for that earlier this year as a way to boost Florida’s economic rebound coming out of the pandemic. But last week he said he felt “stabbed in the back” by businesses with mandates.
In his proclamation issued Friday, however, removal of liability protections wasn’t included. A DeSantis spokeswoman said the ultimate goal is to prevent businesses from firing workers who opt against getting vaccinated, and there will be other “enforcement mechanisms” to dissuade companies from requiring vaccines in the first place.
DeSantis, who has consistently railed against vaccine mandates, sued President Joe Biden’s administration Thursday over a requirement that employees of federal contractors get vaccinated.
“Your right to earn a living should not be contingent upon COVID shots,” DeSantis said in a statement. “In Florida, we believe that the decision whether or not to get a COVID shot is a choice based on individual circumstances, so we are litigating against the Biden Administration and will be passing legislation in this Special Session to protect Florida jobs and protect parents’ rights when it comes to masking and quarantines.”
Another piece of Biden’s order was a vaccine mandate for businesses with more than 100 employees. The rule detailing that provision has yet to be issued by the federal Occupational Safety and Health Administration.
The forthcoming rule has irked legislative leaders so much they’re pushing to withdraw from OSHA and set up a state-run workplace safety agency when they convene.
“During the special session, we will do everything within our power as a state to protect Floridians from the unconstitutional, un-American, and morally reprehensible overreaches on the part of the federal government,” House Speaker Chris Sprowls, a Palm Harbor Republican, and Senate President Wilton Simpson, a Trilby Republican, said in a joint statement.
Democrats have called the special session an unnecessary move that will impede Biden’s push to increase vaccination rates throughout the country.
“Governor DeSantis has called lawmakers to join a nonsensical battle pitting the State of Florida against both the business community and the Biden administration,” Senate Democratic Leader Lauren Book said in a statement. “Instead of doing the people’s work ... the Florida Legislature’s time and attention has now officially been sequestered to what even Republicans have characterized as a ‘no-win’ battle against commonsense health and safety measures which aims to take freedom of choice away from business owners.”
The session will put Florida Republicans in the odd position of putting in protections for workers at the expense of businesses, and big business lobbies could oppose some of the measures, as they did in Texas earlier this month, where Gov. Greg Abbott’s push to ban employer vaccine mandates was thwarted.
DeSantis wants lawmakers to explicitly bar cities and counties from requiring their employees to get the COVID-19 vaccine, but he stopped short of seeking an outright ban on vaccine mandates by private employers.
Instead, he wants protections for private-sector workers subject to vaccine mandates, called “unfair discrimination on the basis of COVID-19 vaccination status” in the proclamation.
Under DeSantis’ plan, any worker fired for not getting the vaccine would be eligible for unemployment benefits, and anyone who experiences an adverse reaction to the shots after being required by their employer could receive workers’ compensation. In addition, businesses would have to inform workers of any medical or religious exemption to the mandates.
Lawmakers will also consider whether to repeal the power of the Florida surgeon general to order vaccinations and quarantines of individuals during a public health emergency.
DeSantis also suggested that lawmakers set aside funds for investigating complaints of businesses or governments accused of violating the new rules surrounding vaccine requirements.
The governor also is asking lawmakers to create a new public records exemption relating to COVID-related complaints and investigations. Earlier this month, the Orlando Sentinel obtained from the Department of Health through a public records request a list of 120 governments, businesses and organizations “under review” for violations of DeSantis’ vaccine mandate law.
He also wants lawmakers to explicitly clarify that school districts cannot require students to wear masks in the classroom. His administration is already in court over fines issued to districts throughout the state that defied DeSantis’ executive order banning mask mandates.
DeSantis based the order on the new Parents’ Bill of Rights law passed earlier this year, which prevents the government from interfering with parent decisions on their child’s education and health care but which doesn’t specifically mention masks.
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