ORANGE COUNTY MAFOR Jerry L. Demings P.O. BOX 1393, 201 SOUTH ROSALIND AVENUE, ORLANDO, FL 32802-1393 PHONE: 407-836-7370 FAX: 407-836-7360 « EMAIL: MAYOR@OCFI.NET September 29, 2021 Doug Woodlief, Division Director Florida Department of Health Division of Emergency Preparedness and Commu 4052 Bald Cypress Way, Bin A-22 Tallahassee, FL 32399 Support Louise St. Laurent, General Counsel Florida Department of Health Division of Emergency Preparedness and Community Support 4052 Bald Cypress Way, Bin A-22 Tallahassee, FL 32399 Re: Section 381.00316, Florida Statutes, COVID-19 Vaccine Documentation Dear Mr, Woodlief and Ms. St. Laurent: Plorida is in the middle of a pandemic, not just an epidemic, but a pandemic. To date, Orange County has had over 8,000 hospitalizations and 1,972 deaths attributed to the deadly COVID-19 virus, As to Orange County employees, there have been a number of hospitalizations and six (6) deaths attributed to the deadly COVID virus. ‘As you may know, on May 4, 2021, at a press conference', Governor DeSantis commented on the applicability of SB 2006, which created Section 38 1.00316, Florida Statutes, and stated, “In terms of an employment context, that’s a totally different thing than vaccine passports ....” Based upon the Governor's own comments, Section 381.00316, Florida Statutes, and Florida ‘Administrative Code Rule 64-8.001 are inapplicable to Orange County’s efforts to encourage ‘employees to be vaccinated. You cited my letter to employees on July 28, 2021 and stated that it constitutes a discriminatory policy which infringes upon the fundamental rights and privacies of Floridians and is in direct violation of Section 381.00316, Florida Statutes. Nothing could be further from the truth. The disclosure of vaccination status by County employees is not required to gain access to, or entry upon, Orange County's operations in the State. No County employee will lose their job because they did not complete the form. The form is not the same as a vaccine passport. Moreover, failure to be vaccinated will not result in termination of any County employee. "The press conference is available at: https://thefloridachannel.org/videos/5-4-21 -press- availability-with- governor-ron-desantis/Doug Woodlief Louise St. Laurent, Esq. September 29, 2021 Page 2 of 2 Orange County objects to your predetermined conclusion that “this discriminatory policy infringes upon the fundamental rights and privacies of Floridians.” It is inappropriate for the State to reach a foregone conclusion without affording due process to Orange County, including notice and an opportunity to be heard, Due process requires adequate notice of what conduct is prohibited. Here, based upon the plain and unambiguous meaning of Section 381.0316, Section 381.00316 does not apply to Orange County given that no employee has been denied access to, entry upon, or service from Orange County's operations. Orange County considers the threat of fines by the Governor to be an attempted unauthorized gubernatorial usurpation of epic proportion on Orange County's basic right and responsibility to protect its employees and to protect the greater collective of the people in its community to keep them safe. Any fine imposed by the Department of Health based on Section 381.00316, Florida Statutes, and Florida Administrative Code Rule 64-8.001 upon Orange County would be ‘unauthorized and contrary to the plain meaning of Section 381.00316. Further, such action would be arbitrary and capricious. Finally, given the lack of merit of these accusations against Orange County, any State action would be frivolous and for an improper purpose. Orange County will vigorously defend itself against any fines improperly imposed by the State and reserves the right to seek sanctions, including fees and costs. Jerry L. Demings Orange County Mayor c. Nicole Wilson, Commissioner, District 1 Christine Moore, Commissioner, District 2 Mayra Uribe, Commissioner, Distriet 3 Maribel Gomez Cordero, Commissioner, District 4 Emily Bonilla, Commissioner, District 5 Victoria P. Siplin, Commissioner, District 6 Byron W. Brooks, County Administrator Roseann Harrington, Mayor's Chief of Staff Jeffrey J. Newton, County Attorney Danny Banks, Deputy County Administrator Dr. Yolanda Martinez, Director, Health Services Department