Sunshine Sentinel

Florida plans to proceed with its legal action against the federal vaccine mandate despite an appeals court stay to halt the mandate, the state attorney general's office said.

Florida filed a challenge to the Occupational Safety and Health Administration rule the day it became effective, Kylie Mason, communications director for the attorney general's office, told the Sunshine Sentinel. 

“While we are happy the 5th Circuit stayed the rule nationwide, we will continue to press our lawsuit until the OSHA rule is permanently vacated," Mason said. "All petitions involving the OSHA mandate have been consolidated in the U.S. Courts of Appeals for the 6th Circuit for review. The federal government cannot dictate the health care decisions of individual citizens.”

Florida is among the cadre of Republican-led states that have taken a stand against COVID-19 protocols and mandates since the pandemic began in early 2020.

In response to the OSHA rule before it was put on hold pending litigation, Florida Gov. Ron DeSantis, a Republican, announced the state would join a multistate lawsuit seeking to overturn the mandate.

DeSantis expressed skepticism toward the rule’s emergency power justification, according to Tampa’s WFTS.

“I think it’s interesting it’s being done under the guise of emergency power,” DeSantis said, the ABC affiliate reported Nov. 4. “It was announced two months ago. Then why did it take you two months to publish it and it doesn’t take effect until January."

Christina Pushaw, DeSantis’ press secretary, tweeted a quote from the governor that said, “People are so sick of constantly being bossed around, restricted, mandated. It’s important to speak up for people’s individual right to make decisions for themselves.”

DeSantis further vowed to stand for people’s rights and their jobs.

Florida Attorney General Ashley Moody said in a news release issued by her office that she’s formulating a plan to shield the state’s private businesses from the OSHA rule.

“The remarkable ease at which this president will abandon the rule of law and separation of powers is astonishing and devastating to the autonomy of American workers,” Moody said. “For this reason, I will take swift legal action to stop this unprecedented overreach by the federal government — to protect Florida and our workers from the unlawful edicts emanating from President (Joe) Biden and his handlers. The president does not have the power to force health policy through a workplace safety department. That’s not what Congress intended when they created OSHA and it’s not a lawful use of the U.S. Department of Labor.”