Spurred by a handful of health care workers as well as a group of staunch opponents to COVID-19 vaccines, a Senate panel on Monday voted 7-3 to approve legislation pushed by Gov. Ron DeSantis that would clamp down on private companies mandating employee vaccinations. The bill also would beef up a 2021 law meant to give parents more control over their children at school.
"What we are seeking here is to make sure employees are not getting fired," said bill sponsor Sen. Danny Burgess.
Sen. Dennis Baxley said it was "time to act" so that Floridians "are not subjects of a totalitarian national government." President Joe Biden's administration is moving forward with vaccine mandates for health care providers, federal contractors and large employers.
But Democrats, such as Sen. Audrey Gibson, criticized the bill as unnecessary, arguing it strips local control and is a "politically motivated piece of legislation."
"The last thing we want to see is another takeover of a virus we can control," Gibson said.
Before moving SB 2B to its next committee, the panel shot down three amendments proposed by Senate Judiciary Committee member and attorney Sen. Tina Polsky who queried Burgess about the proposal and how it impacts Florida employment law. Polksy noted Florida is a Right to work state.
Polksy offered one amendment that would have excluded from the prohibition a broad group of health care providers that lawmakers earlier this year agreed to protect from COVID-19 lawsuits.
The amendment would have exempted hospitals, doctors offices, nursing homes, home health agencies, federally qualified health centers and scores of other health care providers regulated by the state Agency for Health Care Administration from the proposed vaccine mandate ban.
"We should not be worried about catching COVID-19 when receiving medical services," Polsky said.
Another amendment would have tightened a provision in the bill regarding exemptions employees can seek to avoid employer vaccine mandates. Under the bill, employers can issue a mandate, but only if they provide five qualifying reasons employees could opt-out. Polsky's amendment would have allowed employers the opportunity to question an employee's religious exemption. Burgess asserted such questioning would risk legal scrutiny and that it was intrusive. Another Polsky amendment would have made clear the law does not preclude employers from offering their staff incentives to get vaccinated.
SB 2B is one of four proposals state lawmakers are debating during a Special Session on vaccine mandates, called by Florida's Republican Governor. The bill would prohibit private employers from mandating COVID-19 vaccinations for their employees unless they offer their employees one of five ways to opt out of the mandate, including exemptions for religious reasons and health reasons, such as pregnancy.
Private employers that violate the law would face steep fines and investigations by the state Department of Legal Affairs.
SB 2B is not as far reaching as what DeSantis said he wanted to see the Legislature consider. The Governor initially suggested lawmakers should strip COVID-19 liability protections from businesses that enact mandates. But lawmakers didn't go along with that idea.
Additionally, lawmakers limited the lifespan of the ban. It would expire June 2023 if passed.
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