In an earlier blog, I talked about NCL seeking an injunction that would allow the cruise line to require proof of vaccination before boarding ships from Florida ports. The State Surgeon General and the Florida Department of Health have since filed an appeal of that decision, which remains pending. Despite the Court’s ruling in favor of NCL and generally against the concept of banning businesses from requiring proof of vaccinations, the Department of Health has continued its campaign against so-called “vaccine passports.” The DOH has enacted a rule concerning the enforcement of the law at the core of the NCL lawsuit, and that rule takes effect September 16, 2021. The rule is short and to-the-point, and you can read it by clicking here.

The State of Florida is doubling-down on its position that it has the right to tell not only public entities, but private entities, how to conduct business by hitting them with a $5,000 per violation fine. The DOH would penalize schools for requiring proof of a COVID-19 vaccine to provide services. The enforcement of this Rule flies in the face of longstanding law on the issue of school-entry vaccine requirements, creating a bizarre and politically-motivated carve-out for COVID-19.

I expect a flurry of lawsuits to be filed in the coming weeks on the subject. The State may be doubling-down, but my money is on the plaintiffs who end up bringing suit against the DOH. Stay tuned!