On May 11, 2023, Governor Ron DeSantis signed into law a “medical freedom” bill (SB 252), which amends and expands the existing Florida statute Section 381.00316, prohibiting businesses from requiring their customers and patrons to provide documentation of COVID-19 vaccination status. Under the amended law, businesses in Florida will be prohibited from discriminating in any way against a person (no longer just a customer or patron) based on vaccination status and from requiring face masks and COVID-19 tests. The new law goes into effect on June 1, 2023.

Notably, certain of the prohibitions in the new law are not limited to COVID-19 vaccines or response efforts. The vaccine provisions extend to all emergency use authorization vaccines and all messenger ribonucleic acid (mRNA) vaccines, and the masking/face covering limitations are also broadly drafted. As such, the restrictions enumerated below will be in place and may impact businesses’ response to any future pandemic or public health emergency should it occur.

Under the amended law, no business entity in Florida (as defined further below) may:

  • Require any person to provide any documentation certifying vaccination with a COVID-19 vaccine (or any other emergency use or mRNA vaccine) or post-infection recovery from COVID-19;
  • Require a COVID-19 test to gain access to, entry upon, or service from the business operations in Florida or as a condition of contracting, hiring, promotion, or continued employment with the business entity;
  • Discharge or refuse to hire a person; deprive or attempt to deprive a person of employment opportunities; adversely affect a person’s status as an employee or as an applicant for employment; or otherwise discriminate against a person based on knowledge or belief of the person’s status relating to vaccination with COVID-19 vaccine (or any other emergency use or mRNA vaccine) or COVID-19 post-infection recovery, or a person’s failure to take a COVID-19 test;
  • Require a person to wear a face mask, a face shield, or any other facial covering that covers the mouth and nose; or
  • Deny a person access to, entry upon, service from, or admission to such entity or otherwise discriminate against a person based on such person’s refusal to wear a face mask, a face shield, or any other facial covering that covers the mouth and nose.

The amended statute defines “business entities” broadly as any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in Florida. The term also includes charitable organizations, not for profit corporations and all other businesses operating in Florida.

If a business entity requires a person to receive a vaccine other than a COVID-19, emergency use or mRNA vaccine, the business entity must provide for exemptions and reasonable accommodations.

Under the two exceptions written into the law, the face mask, face shield or any other facial covering restrictions may be maintained by: (1) health care providers and health care practitioners if they are in compliance with the standards to be developed by the Florida Department of Health (DOH) and Agency for Health Care Administration by July 1, 2023, and (2) business entities when a face mask, a face shield, or any other facial covering is required safety equipment in accordance with standards to be adopted by the Florida DOH, which the law directs to adopt emergency rules to develop such standards.

Employers who violate the amended law are subject to a fine up to $5,000 for each individual and separate violation. The amended law does not limit an aggrieved person’s right to recover damages or other relief under any other applicable law.

Posted in Accessibility & Accommodation, Coronavirus, Workplace Safety
Tags: COVID-19, masking, testing, Vaccination, workplace policies
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Photo of Jurate Schwartz Jurate Schwartz

Jurate Schwartz is a senior counsel in the Labor & Employment Law Department. She devotes her practice to counseling clients in employment matters, as well as representing employers in federal and state litigations, arbitrations and administrative proceedings.

Jurate’s practice includes providing advice on…

Jurate Schwartz is a senior counsel in the Labor & Employment Law Department. She devotes her practice to counseling clients in employment matters, as well as representing employers in federal and state litigations, arbitrations and administrative proceedings.

Jurate’s practice includes providing advice on compliance with various laws affecting the workplace, including the FMLA, ADEA, Title VII, ADA, FLSA and similar state and local laws. She counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising multi-state employee handbooks under federal, state and local laws. Jurate also advises clients on policy and training issues, including discrimination, harassment, retaliation, wage and hour, employee classification, accomodation of religious beliefs, pregnancy and disability, and leaves of absence, including vacation and paid time off policies, multi-state paid sick and safe leave laws and paid family and medical leave laws. Jurate is experienced in conducting wage-and-hour audits under federal and state wage-hour laws and advising clients on classification issues. She also assists clients in drafting employment, independent contractor, consulting and separation agreements as well as various restrictive covenants.

In addition to counseling, Jurate litigates employment disputes of all types, including claims of employment discrimination, harassment, retaliation, whistleblowing, breach of contract, employment-related torts and claims under federal and state wage-and-hour laws. Jurate also assists clients in matters involving trade secrets and non-competes, as well as nonsolicitation, nondisclosure agreements and other restrictive covenants.

Jurate has been ranked by Chambers USA in Florida since 2012. One client comments, “I am a client with extremely high expectations and Proskauer never ceases to exceed them. Jurate has a perfectionist personality and that fits well with how we operate.”

Jurate’s pro bono work includes service on the HR committee of a not-for-profit organization, the YMCA of South Palm Beach County, Florida, and assisting other not-for-profit organizations with employment matters, as well as her successful representation of an unaccompanied immigrant child in an asylum proceeding referred by the National Center for Refugee & Immigrant Children.

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Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

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Photo of Laura M. Fant Laura M. Fant

Laura Fant is an associate in the Labor & Employment Law Department.

She frequently counsels on matters involving the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act, including disability accommodation in the workplace and public accommodations. She is experienced…

Laura Fant is an associate in the Labor & Employment Law Department.

She frequently counsels on matters involving the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act, including disability accommodation in the workplace and public accommodations. She is experienced in conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors that include retail, hospitality, sports and not-for-profit. She also handles general employment counseling and has experience in reviewing and updating employee handbooks and company policies under federal and state law.

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Photo of Margo Richard Margo Richard

Margo R. Richard is an associate in the Labor Department and a member of the Employment Litigation & Counseling Group.

Margo attended Loyola University New Orleans College of Law, where she graduated Cum Laude with a Law, Technology, and Entrepreneurship Certificate. While in…

Margo R. Richard is an associate in the Labor Department and a member of the Employment Litigation & Counseling Group.

Margo attended Loyola University New Orleans College of Law, where she graduated Cum Laude with a Law, Technology, and Entrepreneurship Certificate. While in law school, Margo served as a teaching and research assistant to Professor Masai McDougall. She competed as a team member of the American Bar Association Moot Court Team, a coach of the Mardi Gras Invitational Moot Court Team, and was selected for membership into the Order of Barristers. Margo was also a member of the Loyola Law Review, Phi Delta Phi Legal Honor Society, and Black Law Students Association.

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