Governor: No ‘vaccine passports’
Order: Businesses can’t require proof of vaccination
Gov. Ron DeSantis issued an order Friday prohibiting Florida businesses from requiring customers show proof that they have been vaccinated against COVID-19, following through with his promise to ban controversial immunization credentials that have emerged as a
hot-button issue.
The order also prohibits Florida’s governmental agencies from issuing credentials commonly referred to as vaccine passports.
“Businesses in Florida are prohibited from requiring patrons or customers to provide any documentation certifying COVID-19
vaccination or post-transmission recovery to gain access to, entry upon, or service from the business,” the order states.
DeSantis’ action comes as some events and businesses incorporate vaccine status into their COVID-19 safety protocols, including the South Beach Food and Wine Festival and the Miami Heat basketball team.
As an enforcement mechanism, businesses that do not comply with the order will not be eligible for contracts or grants funded through state revenue, according to the executive order. It also directs state agencies “to ensure businesses comply with this order.”
Nova Southeastern University is evaluating its plan to require students and staff to be vaccinated by the start of the fall semester, George L. Hanbury II, the university’s president, said in a prepared statement.
“We will continue to follow all state and federal laws as they evolve,” Hanbury said. “We will evaluate how we can best protect our community and follow the governor’s executive order.”
The Miami Heat is planning to open two sections for vaccinated spectators. Fans who haven’t gotten the vaccine but pass COVID-19 screenings can sit elsewhere in the arena.
The South Beach Food and Wine Festival, set for late May, is asking ticket holders to attest they either have been vaccinated or have received a negative COVID-19 PCR test no more than 72 hours before the event.
Larry Carrino, a festival spokesman, said the event’s legal team and lawyers are examining the order and deciding how to proceed.
The action raises a long list of legal questions, including whether DeSantis has the authority to issue such a sweeping mandate through executive action, said Bob Jarvis, a law professor at Nova Southeastern University. The order doesn’t define key legal terms as to what constitutes a “business” or “patrons or customers,” he said.
“This is a very imprecise order and was not written in order to balance all legal implications and consequences,” Jarvis said. “This was written to play to DeSantis’ base.”
Andrew Zelmanowitz, an employment attorney with Berger Singerman in Fort Lauderdale, said the order grants broad authority to state agencies that handle permits and licenses to ensure businesses comply. The order does not outline specific actions agencies could take to force compliance, other than making businesses ineligible for contracts or grants funded with state revenue.
Meredith Beatrice, a DeSantis spokeswoman, did not respond to messages asking how the administration will enforce the order.
It’s unclear how the order could affect Florida’s cruise ship industry. Several cruise lines outside the United States are requiring passengers show proof of vaccination. DeSantis also has been pushing the Centers for Disease Control and Prevention to move more quickly to let cruise ships sail again.
Florida’s major theme parks don’t require proof of vaccination to enter. Disney, Universal and SeaWorld did not respond to questions about DeSantis’ order.
DeSantis has objected to vaccine passports because he considers them to be an overreach by big business and the government. He’s also called on the Florida Legislature to pass a law addressing vaccine passports, which would make the provisions of the temporary executive order permanent.
Other states are handling the issue differently.
New York has launched the Excelsior Pass, a voluntary phone app the state created in partnership with IBM. The app can be scanned like an airline boarding pass to provide digital proof of vaccination or a negative COVID test. Art and entertainment venues, stadiums, arenas, weddings and catered events can opt into the program.
The White House has ruled out the creation of a national vaccine passport for Americans, saying it is leaving it to the private sector to develop a system. President Joe Biden’s administration is developing guidelines for such passports, but the details have not been announced.