This rule will provide the standards and forms for employees to claim exemption from a private employer COVID-19 vaccination mandate as required by section 381.00317, Florida Statutes.

 

DEPARTMENT OF HEALTH

Division of Disease Control

RULE NO.:RULE TITLE:

64D-3.050Standards and Forms for Exemption from Private Employer COVID-19 Vaccination Mandates

PURPOSE AND EFFECT: This rule will provide the standards and forms for employees to claim exemption from a private employer COVID-19 vaccination mandate as required by section 381.00317, Florida Statutes.

SUMMARY: Employee exemptions from private employer COVID-19 vaccination mandates

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: 381.00317(1), (1)(a), (1)(c) FS.

LAW IMPLEMENTED: 381.00317(1) 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: Louis Meyerson, Florida Department of Health, 4052 Bald Cypress Way, Tallahassee, Florida 32399-1703, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64D-3.050 Standards and Forms for Exemption from Private Employer COVID-19 Vaccination Mandates

(1) To claim an exemption based on medical reasons, including pregnancy or anticipated pregnancy, an employee must present a completed DH8016-DCHP-11/2021 “Medical Exemption from COVID-19 Vaccination,” form incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, or a substantially similar form to their employer.

(2) The following circumstances constitute an anticipated pregnancy:

(a) the employee intends to become pregnant; and

(b) the employee is of child-bearing age.

The medical exemption for anticipated pregnancy shall remain in effect for the time that the employee intends to become pregnant and is of child-bearing age. The employer shall accept the representations of the employee in regard to the employee’s intent to become pregnant.

(3) To claim an exemption based on religious reasons, which may include a sincerely held moral or ethical belief, an employee must present a completed DH8017-DCHP-11/2021 “Religious Exemption from COVID-19 Vaccination,” form incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, or a substantially similar form to their employer.  An employer shall not inquire into the veracity of the employee’s religious beliefs.

(4) To claim an exemption based on COVID-19 immunity, an employee must present a completed DH8018-DCHP-11/2021 “Exemption from COVID-19 Vaccination Based on COVID-19 Immunity,” form incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, or a substantially similar form to their employer. For the purpose of claiming an exemption based on COVID-19 immunity, an employee must present proof of either:

(a) A positive laboratory result from a diagnostic test that has received full approval by, or Emergency Use Authorization from, the U.S. Food and Drug Administration, or

(b) A positive laboratory result from an antibody test that has received full approval by, or Emergency Use Authorization from, the U.S. Food and Drug Administration.

(5) To claim an exemption based on periodic testing, an employee must present a completed DH8019-DCHP-11/2021 “Exemption from COVID-19 Vaccination Based on Periodic Testing,” form incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, or a substantially similar form to their employer.

(6) For the purpose of claiming an exemption based on periodic testing, an employer can test an employee, using a diagnostic test that has received full approval by, or Emergency Use Authorization from, the U.S. Food and Drug Administration, no more than weekly, or upon evidence of COVID-19 symptoms, at no cost to the employee.

(7) To claim an exemption based on employer-provided personal protective equipment, an employee must present a completed DH8020-DCHP-11/2021 “Exemption from COVID-19 Vaccination Based on Employer-Provided Personal Protective Equipment,” form incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, or a substantially similar form to their employer.

Rulemaking Authority 381.00317(1), (1)(a), (1)(c) FS. Law Implemented 381.00317(1) FS. History–New   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Carina Blackmore, State Epidemiologist and Division Director, Division of Disease Control and Health Protection

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 03, 2022

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