25306153, 73BER21-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 25306153

Notice of Emergency Rule

Department:

DEPARTMENT OF COMMERCE

Division:

Division of Workforce Services

Overview

RULE:

73BER21-1

Determinations Regarding Discharges for Noncompliance with a COVID-19 Vaccination Mandate

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Pursuant to sections 112.0441(4) and 381.00317(6), Florida Statutes, the Department is not required to make findings of an immediate danger to the public, health, safety, or welfare as all conditions are deemed met to adopt emergency rules pursuant to section 120.54(4), Florida Statutes.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Pursuant to sections 112.0441(4) and 381.00317(6), Florida Statutes, the procedures are deemed fair under the circumstances.

SUMMARY:

The rule provides that individuals filing for Reemployment Assistance benefits will not be disqualified from receiving benefits if the individual was discharged for refusing to comply with a COVID-19 vaccination mandate in circumstances where the employer failed to comply with sections 381.00317(1) and 381.00317(2), Florida Statutes, or section 112.0441(1)(b), Florida Statutes.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Karen Gates at Karen.Gates@deo.myflorida.com.

PRINT PUBLISH DATE:

11/24/2021 Vol. 47/228

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=73BER21-1&PDate=11/24/2021&Section=4

REFERENCE MATERIALS:

No reference(s).

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