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2023 Florida Statutes (including 2023C)

Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS Entire Chapter
SECTION 0441
Prohibition on public employee COVID-19 vaccination mandates.
F.S. 112.0441
112.0441 Prohibition on public employee COVID-19 vaccination mandates.—
(1) For purposes of this section, the term:
(a) “COVID-19” has the same meaning as in s. 381.00317(1).
(b) “Educational institution” means an institution under the control of a district school board; a charter school; a state university; a developmental research school; a Florida College System institution; the Florida School for the Deaf and the Blind; and the Florida Virtual School.
(c) “Governmental entity” has the same meaning as in s. 768.38.
(2)(a) Notwithstanding any other law to the contrary, an educational institution or a governmental entity may not impose a COVID-19 vaccination mandate for any full-time, part-time, or contract employee. Any existing ordinance, rule, or policy imposing such mandate is null and void as of November 18, 2021.
(b) An educational institution or a governmental entity that imposes a COVID-19 vaccination mandate for any full-time, part-time, or contract employee commits a violation of this section for each employee subject to the employer’s COVID-19 vaccination mandate. The Department of Health may impose a fine not to exceed $5,000 per violation. Fines collected pursuant to this subsection must be deposited in the General Revenue Fund.
(3)(a) If an educational institution or a governmental entity fails to comply with subsection (2) and terminates an employee based on the employee’s noncompliance with a COVID-19 vaccination mandate, the terminated employee may be eligible for reemployment assistance under chapter 443 in addition to any other remedy available to the employee.
(b) If an employee is terminated by an educational institution or a governmental entity for refusing to comply with any COVID-19 vaccination mandate:
1. Such refusal may not be deemed misconduct for the purpose of reemployment assistance under chapter 443.
2. Notwithstanding any provision of chapter 443, work is not deemed suitable and benefits may not be denied under s. 443.101 to the terminated employee for refusing to accept new work if the terminated employee is otherwise eligible and the position requires compliance with a COVID-19 vaccination mandate contrary to this section or s. 381.00317.
(4) Notwithstanding s. 120.74(4) and (5), the Department of Health and the Department of Economic Opportunity are authorized, and all conditions are deemed met, to adopt emergency rules pursuant to s. 120.54(4) to implement this section. Such rulemaking must occur initially by filing emergency rules within 15 days after November 18, 2021. Notwithstanding s. 120.54(4)(c), emergency rules adopted pursuant to this subsection remain in effect until replaced by rules adopted under regular rulemaking. The Department of Health and the Department of Economic Opportunity shall begin rulemaking under s. 120.54(2) and (3) immediately after filing the emergency rules.
(5) This section expires June 1, 2023.
History.—ss. 3, 6, ch. 2021-272.