To establish the permanent procedure for imposing penalties for the violation of section 112.0441, Florida Statutes.

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64-8.002Penalties for Public Employee COVID-19 Vaccine Mandates

PURPOSE AND EFFECT: To establish the permanent procedure for imposing penalties for the violation of section 112.0441, Florida Statutes.

SUMMARY: This rule establishes the procedure for imposing penalties against any governmental entity or educational institution for the violation of section 112.0441, Florida Statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 112.0441(4) FS

LAW IMPLEMENTED: 112.0441 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Douglas Woodlief at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64-8.002 Penalties for Public Employee COVID-19 Vaccine Mandates

(1) The Department will issue a notice of violation to any governmental entity or educational institution found in violation of section 112.0441, Florida Statutes, prior to final agency action.  Such notice will include hearing rights pursuant to section 120.569, Florida Statutes. 

(2) Each violation of section 112.0441, Florida Statutes, will result in the imposition of a $5,000 fine per individual and separate violation against the governmental entity or the educational institution.  Fines imposed are due and payable to the Department within 30 days of entry of the final order unless otherwise stated in the final order. 

Rulemaking Authority 112.0441(4), FS. Law Implemented 112.0441, FS. History–New.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas Woodlief

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Joseph A. Ladapo, MD, PhD, Surgeon General

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 3, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 6, 2021