The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 284
INTRODUCER: Senator Polsky
SUBJECT: Fraudulent Proof of Vaccination
DATE: January 10, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Siples Jones CJ Pre-meeting
2. JU
3. RC
I. Summary:
SB 284 prohibits a person from counterfeiting, forging, altering, cloning, or possessing a
certificate, card, or other physical or electronic medium that falsely indicates that the holder has
been vaccinated against a specific disease, with the intent to defraud. A person who commits
such a crime is guilty of a felony of the third degree, punishable by up to five years
imprisonment and a $5,000 fine.
The Legislature’s Office of Economic and Demographic Research preliminarily estimates that
the bill will have a “positive indeterminate” prison bed impact (unquantifiable increase in prison
beds). See Section V. Fiscal Impact Statement.
The bill is effective October 1, 2022.
II. Present Situation:
Vaccinations
The Advisory Committee on Immunizations Practices (ACIP) is comprised of medical and
public health experts who develop recommendations on the use of vaccines in the United States.
1
The ACIP works with professional organizations such as the American Academy of Pediatrics,
the American Academy of Family Physicians, the American College of Obstetricians and
Gynecologists, and the American College of Physicians to develop annual childhood and adult
1
Centers for Disease Control and Prevention, Advisory Committee Immunizations Practices (ACIP), General Committee-
Related Information, (last rev. Oct. 8, 2020), available at https://www.cdc.gov/vaccines/acip/committee/index.html (last
visited December 17, 2021).
REVISED: BILL: SB 284 Page 2
immunization schedules.
2
The Centers for Disease Control and Prevention (CDC) reviews the
ACIP’s recommendations; and once approved, publishes its official recommendations for
immunizations of the U.S. population.
3
The CDC also biannually publishes the “Health Information for International Travel,” commonly
called the Yellow Book (Book), as a reference for those who advise international travelers about
health risks.
4
The Book includes the CDC’s most current travel health guidelines, including pre-
travel vaccine recommendations and destination-specific health advice.
Florida Law on Vaccination
Current law requires the Department of Health (DOH) to implement a program to prevent and
control vaccine-preventable diseases, including the immunization of all children in this state and
to develop an automated, electronic, and centralized registry of immunizations.
5
The DOH has
established vaccine requirements for children to attend school, and provides that a child may be
exempted from such requirements for religious or medical reasons.
6
The DOH employs the Florida State Health Online Tracking System (SHOTS), a statewide,
online immunization registry, to track immunization records.
7
All health care practitioners who
administer vaccines to children aged 17 and younger, or to students aged 18-23, at a Florida
college or university health care facility must report vaccinations to the SHOTS.
8
Vaccinations
administered to other individuals may be voluntarily submitted to the SHOTS. A parent may
exclude a child’s record or a college student may exclude his or her vaccination record from the
SHOTS by submitting an opt-out form to the DOH.
9
If immunization records are not available in
SHOTS, a DOH-approved form may be used to verify immunization status.
Covid-19 Pandemic
A pandemic is an outbreak of disease over multiple parts of the world. The most severe
pandemic in recent history occurred in 1918 when a strain of the H1N1 influenza virus (H1N1)
killed approximately 50 million people worldwide.
10
Prior to 2019, the most recent pandemic
2
Centers for Disease Control and Prevention, Advisory Committee on Immunization Practices (ACIP), ACIP
Recommendations, (last rev. Nov. 8, 2021), available at https://www.cdc.gov/vaccines/acip/recommendations.html (last
visited December 17, 2021).
3
Id.
4
Centers for Disease Control and Prevention, CDC Yellow Book 2020: Health Information for International Travel, (last rev.
July 18, 2019), available at https://wwwnc.cdc.gov/travel/page/yellowbook-home-2020 (last visited December 17, 2021).
5
Section 381.003(1)(e), F.S.
6
See Department of Health, Immunization Guidelines: Florida Schools, Childcare Facilities, and Family Daycare Homes,
(March 2013), incorporated by reference in rule 64D-3.046, F.A.C., available at http://www.floridahealth.gov/programs-and-
services/immunization/children-and-adolescents/_documents/school-guide.pdf (last visited December 17, 2021), and
s. 1003.22(5), F.S.
7
Department of Health, Frequency Asked Questions, available at http://www.floridahealth.gov/programs-and-
services/immunization/immunization-faq.html (last visited December 17, 2021).
8
Section 381.003(1)(e), F.S.
9
Id.
10
Centers for Disease Control and Prevention, 1918 Pandemic (H1N1 Virus), available at
https://www.cdc.gov/flu/pandemic-resources/1918-pandemic-h1n1.html (last visited December 17, 2021). BILL: SB 284 Page 3
occurred in 2009 when a new strain of H1N1 caused the “swine flu,” killing between 151,700
and 575,400 people worldwide during the first year the virus circulated.
11
Coronaviruses are a family of viruses that can cause upper-respiratory tract illnesses.
12
In
December 2019, an outbreak of a new strain of coronavirus, called Severe Acute Respiratory
Syndrome Coronavirus 2, emerged in China.
13
The disease caused by this strain of the
coronavirus, coronavirus disease 2019 (COVID-19), quickly spread worldwide. COVID-19
causes a wide range of symptoms including fever, cough, difficulty breathing, fatigue, loss of
taste or smell, sore throat, and congestion or runny nose.
14
Older adults and people with
preexisting underlying medical conditions, such as lung disease or diabetes, are at higher risk of
developing more serious COVID-19 complications.
The U.S. reported its first known death from COVID-19 in February 2020.
15
In March 2020,
Florida reported both the state’s first known COVID-19 cases and deaths.
16
On March 11, 2020,
the World Health Organization declared COVID–19 a pandemic.
17
As of January 10, 2022, more
than 59 million cases of COVID-19 have been diagnosed, and over 834,000 deaths have been
attributed to COVID-19 in the United States.
18
In Florida, there have been more than 4.5 million
cases and approximately 62,600 COVID-19 deaths.
19
Covid-19 Vaccines
In response to the COVID-19 pandemic, the federal government initiated “Operation Warp
Speed,” launching a partnership among the Department of Health and Human Services, the CDC,
the National Institutes of Health, the Biomedical Advanced Research and Development
Authority, and the Department of Defense, and began to strategize how to accelerate the
11
Centers for Disease Control and Prevention, 2009 H1N1 Pandemic (H1N1pdm09 Virus), available at
https://www.cdc.gov/flu/pandemic-resources/2009-h1n1-pandemic.html (last visited December 17, 2021).
12
National Institute of Allergy and Infectious Diseases, Coronaviruses, available at https://www.niaid.nih.gov/diseases-
conditions/coronaviruses (last visited December 17, 2021).
13
Id.
14
Centers for Disease Control and Prevention, Symptoms of Coronavirus, available at
https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html (last visited December 17, 2021).
15
Centers for Disease Control and Prevention, CDC, Washington State Report First COVID-19 Death, (Feb. 29, 2020),
available at https://www.cdc.gov/media/releases/2020/s0229-COVID-19-first-death.html (last visited December 17, 2021).
16
Florida Department of Health, Department of Health Announces Two Presumptive Positive COVID-19 Cases in Florida,
(March 1, 2020), available at http://www.floridahealth.gov/newsroom/2020/03/030120-two-presumptive-positive-covid19-
cases.pr.html and Department of Health Announces Important Updates Regarding COVID-19 in Florida – Two Confirmed
Deaths Regarding COVID-19, (March 6, 2020), available at http://www.floridahealth.gov/newsroom/2020/03/030620-
covid19.pr.html (both websites last visited December 17, 2021).
17
World Health Organization, WHO Director-General’s Opening Remarks at the Media Briefing on COVID–19, (March 11,
2020), available at https://www.who.int/director-general/speeches/detail/who-director-general-s-opening-remarks-at-the-
media-briefing-on-covid-19---11-march-2020 (last visited December 17, 2021).
18
Centers for Disease Control and Prevention, United States COVID-19 Cases, Deaths, and Laboratory Testing (NAATs) by
State, Territory, and Jurisdiction, available at https://covid.cdc.gov/covid-data-tracker/#cases_casesper100klast7days (last
visited January 10, 2022).
19
Florida Department of Health, COVID-19 Weekly Situation Report (December 31, 2021 – January 6, 2022) at p. 9, (Jan. 7,
2022), available at http://ww11.doh.state.fl.us/comm/_partners/covid19_report_archive/covid19-
data/covid19_data_latest.pdf (last visited January 10, 2022). BILL: SB 284 Page 4
development, manufacture, and distribution of COVID-19 countermeasures, including vaccines,
therapeutics, and diagnostics.
20
The United States Food and Drug Administration (FDA) has granted emergency use
authorization for the Pfizer-BioNTech, Moderna, and Janssen (commonly known as Johnson &
Johnson) COVID-19 vaccines.
21
Emergency use authorization allows the FDA to facilitate the
availability and use of medical countermeasures during public health emergencies.
22
On
August 23, 2021, the FDA granted full approval of the Pfizer-BioNTech COVID-19 vaccine for
individuals 16 years of age and older.
23
The FDA has granted emergency use authorization for
the use of the Pfizer-BioNTech for individuals aged 5 through 15 years of age and the
administration of a booster dose to people 18 years of age and older.
24
The FDA has also granted
emergency use authorization for the administration of a booster dose of the Moderna and
Johnson & Johnson COVID-19 vaccines.
25
Upon administration of the COVID-19 vaccination, the health care provider issues a CDC
COVID-19 Vaccination Record Card (vaccine card) to the individual receiving the vaccine. The
vaccine card notes which vaccine was received, the date(s) the vaccine was administered, and
where the vaccine was received.
26
In Florida, approximately 72 percent of the population aged 5
and older have been vaccinated.
27
COVID-19 Vaccination Mandates
Since the FDA’s full approval of COVID-19 vaccinations, some employers have begun to
mandate vaccination.
28
For example on August 6, 2021, United Airlines became the first major
20
U.S. Department of Health & Human Services, Explaining Operation Warp Speed, available at
https://www.nihb.org/covid-19/wp-content/uploads/2020/08/Fact-sheet-operation-warp-speed.pdf (last visited December 17,
2021).
21
U.S. Food and Drug Administration, Learn More about COVID-19 Vaccines from the FDA, (Dec. 9, 2021), available at
https://www.fda.gov/consumers/consumer-updates/learn-more-about-covid-19-vaccines-fda (last visited December 17,
2021).
22
U.S. Food and Drug Administration, Emergency Use Authorization, (Dec. 16, 2021), available at
https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-
authorization (last visited December 17, 2021). Medical countermeasures are FDA-regulated products (biologics, drugs, and
devices) that may be used in the event of a potential public health emergency stemming a terrorist attack with a biological,
chemical, or radiological/nuclear material, or a naturally occurring emerging disease. See U.S. Food and Drug
Administration, What are Medical Countermeasures?, (May 26, 2021), available at https://www.fda.gov/emergency-
preparedness-and-response/about-mcmi/what-are-medical-countermeasures (last visited December 17, 2021).
23
U.S. Food and Drug Administration, Comirnaty and Pfizer-BioNTech COVID-19 Vaccine, (Dec. 16, 2021), available at
https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/comirnaty-and-pfizer-
biontech-covid-19-vaccine (last visited December 17, 2021).
24
Id.
25
U.S. Food and Drug Administration, Coronavirus (COVID-19) Update: FDA Takes Additional Actions on the Use of a
Booster Dose for COVID-19 Vaccines, (Oct. 20, 2021), available at https://www.fda.gov/news-events/press-
announcements/coronavirus-covid-19-update-fda-takes-additional-actions-use-booster-dose-covid-19-vaccines (last visited
December 17, 2021).
26
Centers for Disease Control and Prevention, Getting Your CDC COVID-19 Vaccination Record Card, (Dec. 15, 2021),
available at https://www.cdc.gov/coronavirus/2019-ncov/vaccines/vaccination-card.html (last visited December 17, 2021).
27
Supra note 19, at p. 1.
28
NBC News, From McDonald’s to Goldman Sachs, Here are the Companies Mandating Vaccines for All or Some
Employees (Aug. 3, 2021), available at https://www.nbcnews.com/business/business-news/here-are-companies-mandating-
vaccines-all-or-some-employees-n1275808 (last visited December 17, 2021). BILL: SB 284 Page 5
airline to announce a COVID-19 vaccination mandate for its employees.
29
The airline terminated
more than 230 employees who have not complied with the mandate.
30
In response to employer
COVID-19 vaccination mandates, some states have restricted the use of such mandates.
31
Vaccination Mandates for Federal Employees and Contractors
On September 9, 2021, the President of the United States, Joe Biden, issued an Executive Order
requiring COVID-19 vaccination for all federal employees.
32
All federal employees were
required to be fully vaccinated by November 22, 2021, unless they were exempted or granted an
extension.
33
On September 9, 2021, President Biden also issued an Executive Order requiring that every new
federal contract after October 15, 2021, include a requirement to impose a COVID-19
vaccination requirement on the employees of federal contractors.
34
This requirement is the
subject of ongoing litigation.
35
Vaccination Mandates by the Occupational Safety and Health Administration
The Occupational Safety and Health Administration (OSHA) is a regulatory agency within the
United States Department of Labor, created “to ensure safe and healthful working conditions for
workers by setting and enforcing standards and by providing training, outreach, education and
assistance.”
36
The Occupational Safety and Health Act (OSH Act) regulates most private sector
employers as well as certain public sector employers. The OSH Act applies to employees of an
organization, and does not apply to self-employed workers, immediate family members of farm
employers, volunteers, or unpaid students.
37
The OSHA is authorized to set emergency
29
United Airlines, COVID-19 Vaccine Required for United Employees, (Aug. 6, 2021) available at
https://www.united.com/en/us/newsroom/announcements/COVID-19-vaccine-required-for-United-employees (last visited
December 17, 2021).
30
Fox Business, United Airlines in The Process of Firing 232 Unvaccinated Employees, (Oct. 13, 2021), available at
https://www.foxbusiness.com/lifestyle/united-airlines-firing-unvaccinated-employees (last visited December 17, 2021).
31
Littler, COVID-19 Resources, Mandatory Employee Vaccines – Coming to A State Near You?, (Dec. 16. 2021), available
at https://www.littler.com/publication-press/publication/mandatory-employee-vaccines-coming-state-near-you (last visited
December 17, 2021).
32
Exec. Order No. 14043, Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees
(Sept. 9, 2021), available at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/09/09/executive-order-on-
requiring-coronavirus-disease-2019-vaccination-for-federal-employees/ (last visited December 17, 2021).
33
The White House, Update on Implementation of COVID-19 Vaccination Requirement for Federal Employees, (Nov. 24,
2021), available at https://www.whitehouse.gov/omb/briefing-room/2021/11/24/update-on-implementation-of-covid-19-
vaccination-requirement-for-federal-employees/ (last visited December 17, 2021).
34
Exec. Order No. 14042, Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (Sept. 9,
2021), available at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/09/09/executive-order-on-ensuring-
adequate-covid-safety-protocols-for-federal-contractors/ (last visited December 17, 2021). See Safer Federal Workforce,
COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors, (last rev. Nov. 10, 2021), available at
https://www.saferfederalworkforce.gov/downloads/Guidance%20for%20Federal%20Contractors_Safer%20Federal%20Work
force%20Task%20Force_20211110.pdf (last visited Nov. 10, 2021).
35
See Georgia v. Biden, 2021 WL 5779939, (S.D. Ga. Dec. 7, 2021), which grants a motion for a temporary injunction
enjoining the enforcement of the vaccine mandate for federal contractors and subcontractors in all covered contracts in any
state or territory of the U.S.
36
Occupational Health and Safety Administration (OSHA), United States Department of Labor, About OSHA, available at
https://www.osha.gov/aboutosha (last visited December 17, 2021).
37
OSHA, All About OSHA, pg. 8, available at https://www.osha.gov/sites/default/files/publications/all_about_OSHA.pdf
(last visited December 17, 2021.) BILL: SB 284 Page 6
temporary standards in certain limited circumstances which take effect immediately and are in
effect until superseded by a permanent standard. The OSHA must determine that workers are in
grave danger and that an emergency standard is needed to protect them. Then, the OSHA
publishes the emergency temporary standard in the Federal Register, where it also serves as a
proposed permanent standard. The validity of an emergency temporary standard may be
challenged in an appropriate U.S. Court of Appeals.
38
On November 5, 2021, the OSHA published an emergency temporary standard that requires
every employer having 100 or more employees to implement a COVID-19 vaccination
mandate.
39
All employers having 100 or more employees must ensure that their workforce is
fully vaccinated or must require any workers who remain unvaccinated to produce a negative test
result on at least a weekly basis before coming to work and to wear personal protective
equipment. Employees may be exempt from the requirement due to religious beliefs or having a
severe allergic reaction to the vaccine or its ingredients. These employers must also provide paid
time off to employees who decide to be vaccinated, to allow the employee time to receive the
vaccination and recover in the event of experiencing any short-term side effects from the shot.
The penalty for violating the emergency temporary standard is a fine of up to $14,000 per
violation. The employer must comply with the emergency temporary standard by January 4,
2022. The OSHA estimated that the total cost per entity to comply with the emergency
temporary standard is $11,298 per entity, for an estimated total of nearly $3 billion.
40
As of
October 4, 2021, the OSHA estimated that 61.3 percent of covered employees are fully
vaccinated.
41
On November 12. 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay
the OSHA’s temporary emergency standard and ordered the OSHA to take no steps to enforce
the mandate until further order of the court.
42
On December 17, 2021, the U.S. Sixth Circuit
Court of Appeals
43
granted OSHA’s motion to dissolve the stay, thus reinstating the emergency
temporary standard and requiring all employers having 100 or more employees to implement a
vaccine mandate.
44
The Department of Labor extended the deadline for compliance with the
emergency temporary standard until February 9, 2022, as long as “an employer is exercising
38
The OSHA, OSHA Standards Development, available at https://www.osha.gov/laws-regs/standards-development (last
visited December 17, 2021).
39
86 Fed. Reg. 61402 (Nov. 5, 2021).
40
Id. at Table IV.B.13., p. 61493.
41
Id. at Table IV.B.6., p. 61471.
42
BST Holdings, LLC, et. al. v. Occupational Safety and Health Administration, U.S. Dep’t of Labor, 17 F.4th 604 (5th Cir.
2021).
43
All pending challenges to the OSHA’s temporary emergency standard will be heard by the U.S. 6th Circuit Court of
Appeals in a consolidated fashion. See In re: Occupational Safety and Health Administration, Interim Final Rule: COVID-19
Vaccination and Testing; Emergency Temporary Standard, 86 Fed. Reg. 61402, Issued on November 4, 2021, MCP No. 165,
(U.S. Judicial Panel on Multidistrict Litigation Nov. 16, 2021).
44
In re: Occupational Safety and Health Administration, Interim Final Rule: COVID-19 Vaccination and Testing;
Emergency Temporary Standard, 86 Fed. Reg. 61402, 2021 WL 5989357, (6th Cir. Dec. 17, 2021), also available at
https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf (last visited December 20, 2021). This litigation is ongoing
and additional appeals have been filed. See Durkee, Alison, “Supreme Court Now Weighing Multiple Lawsuits Against
Biden’s Vaccine Mandate,” FORBES (Dec. 20, 2021), available at
https://www.forbes.com/sites/alisondurkee/2021/12/20/supreme-court-now-weighing-multiple-lawsuits-against-bidens-
vaccine-mandate/?sh=b40ac1418fa8 (last visited December 21, 2021). BILL: SB 284 Page 7
reasonable, good faith efforts to come into compliance with the standard.”
45
The National
Federation of Independent Business, as well as the State of Ohio, have filed applications with the
U.S. Supreme Court requesting the court to issue a stay of OSHA’s temporary emergency
standard. The cases have been consolidated and oral arguments were scheduled for January 7,
2022.
46
Vaccination Mandates on Healthcare Workers
On November 5, 2021, the federal Centers for Medicare and Medicaid Services (CMS) published
an interim final rule to require that a healthcare employer
47
participating in Medicare or
Medicaid implement a COVID-19 vaccination mandate.
48
The vaccination mandate applies to
employees, licensed practitioners, students and trainees, volunteers, and contractors (individuals
who provide care, treatment, or other services for the provider and/or its residents, under contract
or by other arrangement).
49
A person may be exempt from the requirement due to religious
beliefs or having a severe allergic reaction to the vaccine or its ingredients. There are ongoing
legal challenges to the interim final rule.
50
Other Vaccine Mandates
Some states, as well as some local governments, have implemented policies requiring employees
to be vaccinated; however, many allow weekly testing in lieu of vaccination.
51
Some local
45
U.S. Dep’t of Labor, News Release: Statement from the US Department of Labor on the 6th Circuit Court of Appeals
Dissolving the Stay of OSHA Emergency Temporary Standard on Vaccination and Testing, (Dec. 18, 2021), available at
https://www.dol.gov/newsroom/releases/osha/osha20211218 (last visited December 20, 2021).
46
Ohio v. Dep’t of Labor, et. al., 2021 WL 6061694 (S.Ct. Dec. 22, 2021), and Nat. Fed’n. of Indep. Bus., et. al. v. Dep’t of
Labor, et. al., 2021 WL 6061696 (S.Ct. Dec. 22, 2021). See also, SCOTUSblog, National Federal of Independent Business v.
Department of Labor, Occupational Safety and Health Administration, available at https://www.scotusblog.com/case-
files/cases/national-federation-of-independent-business-v-osha/ (last visited January 5, 2022).
47
The following entities are included: ambulatory surgical centers (ASCs); hospices; psychiatric residential treatment
facilities; programs of all-inclusive care for the elderly (PACE); hospitals; long term care facilities; intermediate care
facilities for individuals with intellectual disabilities; home health agencies; comprehensive outpatient rehabilitation facilities;
critical access hospitals; clinics, rehabilitation agencies, and public health agencies as providers of outpatient physical therapy
and speech-language pathology services; community mental health centers; home infusion therapy suppliers; rural health
clinics; federally qualified health centers; and end-stage renal disease facilities.
48
86 Fed. Reg. 61555 (Nov. 5, 2021).
49
The requirement does not apply to staff working remotely 100 percent of the time, or to staff providing offsite support
services, if they have no direct contact with patients or other staff who are subject to the requirement. Similarly, it does not
apply to one-time or infrequent non-health service providers or contractors who have no contact with patients or staff who are
subject to the requirement.
50
See Florida v. Dep’t of Health and Human Services, et. al., 2021 WL 5416122 (N.D. Fla. Nov. 20, 2021), which denies the
state’s motion for a preliminary junction to enjoin the interim final rule mandating COVID-19 vaccines for covered
healthcare staff. The decision was upheld by the 11th Circuit Court of Appeals in Florida v. Dep’t of Health and Human
Services, et. al., 2021 WL 5768796 (Dec. 6, 2021). See also Louisiana v. Becerra, 2021 WL 5913302 (5th Cir. Dec. 15,
2021), which partially reverses a nationwide injunction issued by a federal district court in Louisiana. The court limited the
applicability of the injunction to the 14 states that brought the lawsuit in Louisiana (Louisiana, Montana, Arizona, Alabama,
Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio).
51
See Kaiser Family Foundation, State COVID-19 Data and Policy Actions, (Dec. 14, 2021), available at
https://www.kff.org/report-section/state-covid-19-data-and-policy-actions-policy-actions/ (last visited December 17, 2021). BILL: SB 284 Page 8
governments have also issued mandates for its private businesses to require proof of vaccination
of its patrons, as well.
52
Some countries have also begun to require individuals to show proof of vaccination or proof of
recovery from a COVID-19 infection in order to gain entry.
53
Some businesses require such
proof to obtain services or enter their facilities. Other than the school vaccination requirements,
current Florida law does not require documentation of vaccination to enter any public building or
obtain access to any government service.
Florida Ban on COVID-19 Vaccine Mandates
In October 2021, the Legislature enacted a law that prohibits private employers from imposing a
COVID-19 vaccine mandate on full-time, part-time, or contract employees, which does not
provide individual exemptions that allow an employee to opt out of the mandate.
54
The law
establishes a minimum of five exemptions that an employer must offer if it imposes a COVID-19
vaccine mandate:
Medical reasons, including pregnancy or anticipated pregnancy;
Religious beliefs;
COVID-19 immunity;
Agreement to comply with periodic testing; and
Agreement to comply with employer-provided personal protective equipment.
55
An employee may file a complaint with the Department of Legal Affairs (DLA) alleging that the
employer is not offering a required exemption, has improperly applied the exemption, or has
improperly denied the exemption to the employee. If the DLA investigates the complaint and
finds that the allegation is valid, then the DLA must notify the employer of the determination and
allow the employer the opportunity to cure the noncompliance.
56
An employer may also be subject to fines if the employer institutes a vaccine mandate but fails to
offer or properly apply the exemptions as provided in law, and terminates an employee based on
its vaccine mandate. Upon receipt of a complaint alleging such conduct, the DLA must conduct
an investigation to determine, at a minimum, whether:
The employer imposed a COVID-19 vaccine mandate;
The employee submitted a proper exemption statement and complied with any specified
condition; and
The employee was terminated as a result of the COVID-19 vaccine mandate.
57
52
See Deslatte, Melinda and Rodriguez, Olga R., “More US Cities Requiring Proof of Vaccination to Go Places,” AP NEWS
(Aug. 13, 2021), available at https://apnews.com/article/joe-biden-business-health-coronavirus-pandemic-
6ae309aff77864cb108fbf9a2dbcf449 (last visited December 17, 2021).
53
See Whitmore, Geoff, “The Latest Vaccine Requirements for Travel,” FORBES, (Sept. 2, 2021), available at
https://www.forbes.com/sites/geoffwhitmore/2021/09/02/the-latest-vaccine-requirements-for-travel/?sh=575366afd4d6 (last
visited December 17, 2021).
54
Chapter 2021-272, s. 1, Laws of Fla, codified at s. 381.00317, F.S.
55
Id. Employers must use forms adopted by the Department of Health for employees to submit exemption statements.
56
Section 381.00317(3), F.S.
57
Section 381.00317(4), F.S. BILL: SB 284 Page 9
Upon a finding of an improper termination, the Attorney General must impose a fine of no more
than $10,000 per violation, if the employer has fewer than 100 employees and no more than
$50,000 per violation, if the employer has 100 or more employees.
58
Florida Ban on Vaccine Passports
In April 2021, the Governor issued an executive order prohibiting government entities from
issuing any standardized documentation to certify a person’s COVID-19 vaccination status and
prohibiting businesses from requiring customers or patrons to provide documentation of vaccine
status.
59
The executive order remained in effect until June 26, 2021. In November 2021, the
Legislature enacted a law that prohibits governmental entities from requiring documentation of
COVID-19 vaccination or post-infection recovery to enter the government location or obtain
government services.
60
The law also prohibits a business entity from requiring patrons or
consumers and an educational institution from requiring students or residents to provide such
documentation to access the location or service of the business or educational institution.
61
The
law authorizes the DOH to impose a fine of up to $5,000 per violation.
In spite of the law, some business and government entities adopted policies that required
employees and consumers to provide proof of vaccination status. For example, Norwegian
Cruise Lines adopted a policy requiring its passengers and crew members to be fully
vaccinated.
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Norwegian Cruise Lines filed a lawsuit challenging the validity of the law in July
2021, and in August 2021, the court granted Norwegian’s motion for a preliminary injunction
enjoining the state from enforcing the statute against Norwegian.
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However, the DOH is
investigating more than 100 other businesses and government entities for violating the law.
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Fraudulent Vaccination Cards
In recent months, the number of reports of individuals selling fraudulent COVID-19 vaccination
cards has risen.
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The CDC and the Federal Bureau of Investigation have warned consumers that
they should not buy fake vaccine cards, make their own cards, or fill in the blanks with false
information.
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58
Id. The law provides factors that the Attorney General must consider in determining the amount of the fine to be imposed.
59
Fla. Exec. Order No. 21-81 (April 2, 2021), available at https://www.flgov.com/wp-content/uploads/orders/2021/EO_21-
81.pdf (last visited December 17, 2021). The executive order was to remain in effect for the duration of Exec. Order No. 20-
52, as extended. Exec. Order No. 20-52 was last extended for 60 days on April 27, 2021.
60
Chapter 2021-272, Laws of Fla., codified at s. 381.00316, F.S.
61
The law specifically excludes certain health care providers, certain health care clinics, behavior analysts, and radiological
personnel from its provisions.
62
Norwegian Cruise Lines, Sail Safe, available at https://www.ncl.com/sail-safe (last visited December 17, 2021).
63
Norwegian Cruise Line Holdings, LTD., v. Rivkees, 2021 WL 3471585 (S.D. Fla. Aug. 8, 2021).
64
Handleman, Jay, “Vaccine Rule Complaints Filed against Florida Arts Venues, Businesses, and Cruise Lines” SARASOTA
HERALD-TRIBUNE (Oct. 13, 2021), available at https://www.heraldtribune.com/story/news/2021/10/13/complaints-filed-
against-florida-businesses-over-covid-vaccine-rules/8424191002/ (last visited December 17, 2021).
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For example, see Theisen, Tiffini, “Florida Couple Arrested, Cited $8,000 for Fake Vaccinations for Hawaii Trip,”
ORLANDO SENTINEL, (Aug. 20, 2021), available at https://www.orlandosentinel.com/coronavirus/os-ne-florida-couple-
arrested-cited-8000-fake-vaccination-cards-travel-20210820-4mbs22h25vgl3ndoxoavzdwdou-story.html (last visited
December 17, 2021).
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Supra note 26, and the Federal Bureau of Investigation, If You Make or Buy a Fake COVID-19 Vaccination Card, You
Endanger Yourself and Those Around You, and You Are Breaking the Law, (March 30, 2021), available at
https://www.ic3.gov/Media/Y2021/PSA210330 (last visited December 17, 2021). BILL: SB 284 Page 10
The Florida Office of Attorney General requested that the online platforms, eBay, Shopify, and
Twitter block the sale of fraudulent COVID-19 vaccination cards on their platforms.
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The letter
requested the platforms to:
Monitor their platforms for ads or links selling blank of fraudulently completed vaccination
cards;
Promptly remove ads or links that are selling cards; and
Preserve the records and information about the ads and the people who are selling the cards.
The letter was sent by the attorneys general of more than 40 U.S. states and territories.
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Current law makes it unlawful to knowingly and willfully make a materially false or misleading
statement, or to knowingly and willfully disseminate false or misleading information regarding
the availability of or access to a vaccine for COVID-19.
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However, Florida law does not
specifically prohibit the manufacture or possession of a fraudulent COVID-19 Vaccination card.
Laws on Fraudulent Acts
Individuals counterfeiting COVID-19 vaccinations, which bear the CDC’s seal would be subject
to prosecution under federal law. Federal law makes it illegal to:
Falsely make, forge, counterfeit, mutilate, or alter the seal of any department or agency of the
United States, or any facsimile thereof;
Knowingly use, affix, or impress any such fraudulently made, forged, counterfeited,
mutilated, or altered seal or facsimile thereof to or upon any certificate, instrument,
commission, document, or paper of any deception; or
With fraudulent intent, possess, sell, offer for sale, furnish, offer to furnish, give away, offer
to give away, transport, offer to transport, import, or offer to import any such seal or
facsimile thereof, knowing the same to have been falsely made, forged, counterfeited,
mutilated, or altered.
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A person who is guilty of such an offense is subject to a fine, imprisonment of up to five years,
or both.
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Chapter 817, F.S., prohibits and punishes various fraudulent acts or practices. In general terms,
fraud is the willful act of misrepresenting the truth to someone or concealing an important fact
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Press Release, Office of Attorney General, Attorney General Moody Asks Online Platforms to Block the Sale of Fake
COVID-19 Vaccination Cards, (Apr. 1, 2021), available at
http://www.myfloridalegal.com/newsrel.nsf/newsreleases/D91915AFE34C23E5852586AA006C4CF8 (last visited
December 17, 2021).
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The letter was sent by the attorneys general of Alaska, Arkansas, California, Colorado, Connecticut, Delaware, the District
of Columbia, Georgia, Guam, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota,
Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Utah, Vermont, the U.S. Virgin Islands, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
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Section 817.504, F.S.
70
18 U.S.C. s. 506(a), and 18 USC s. 1017.
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Id. BILL: SB 284 Page 11
from them for the purpose of inducing that person to act to his or her detriment.
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Florida law
does not specifically prohibit fraudulent vaccination documentation.
III. Effect of Proposed Changes:
The bill creates s. 817.354, F.S., making it unlawful to counterfeit, forge, alter, clone, or possess
a certificate, card, or other physical or electronic medium that falsely indicates that the holder
has been vaccinated against a specific disease, with the intent to defraud. A person who commits
such an act commits a felony of the third degree which is punishable by up to five years
imprisonment and a fine of up to $5,000.
The bill is effective October 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill appears to be exempt from the requirements of Art. VII., s. 18(d) of the Florida
Constitution, relating to unfunded mandates.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
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Black’s Law Dictionary (9th ed. 2009). BILL: SB 284 Page 12
C. Government Sector Impact:
The Criminal Justice Impact Conference, which provides the final, official estimate of
prison bed impact, if any, of legislation, has not yet reviewed the bill. The Legislature’s
Office of Economic and Demographic Research (EDR) preliminarily estimates that the
bill will have a “positive indeterminate” prison bed impact (unquantifiable increase in
prison beds).
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VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 817.354 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
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The EDR’s preliminary estimate is on file with the Senate Committee on Criminal Justice.