In a recent press conference along with Florida Governor Ron DeSantis, Florida Surgeon General Joseph Ladapo announced that the Department of Health would be working with the governor to end all Florida vaccine mandates.

But is it really that simple?

The Department of Health and the Governor are both part of the Florida executive branch, so they have direct authority to change only the regulations and policy affecting vaccines.

Currently, the Department of Health requires vaccination for Varicella (chickenpox), Haemophilus influenzae type b (Hib), pneumococcal conjugate (PCV), and Hepatitis B (Hep B). Because they are implemented by the Department, the Department could change these regulations via the administrative process.

However, Florida statutes also mandate vaccines for poliomyelitis (polio); diphtheria, tetanus, and pertussis (DTaP/Tdap); and rubeola (measles), mumps, and rubella (MMR). Because these statutes were enacted by the legislature, amending these laws would require legislation. The department and governor do not have the power to unilaterally change them.

Thus, the Department of Health can only remove vaccine requirements for chickenpox, influenza, pneumococcal, and Hep B.

According to Florida dosage and timing instructions, which do not follow CDC recommendations, requirements for daycare and public school enrollment currently add up to a total of about 26 separate vaccine doses from infancy to 12th grade. The doses are divided evenly between those required by statute and those required by the department. As a result, if the department actually changes the regulations, required vaccine doses will be reduced by approximately half (13 doses).

At this point, nothing has happened. Any change to the agency requirements could take 80-90 days. Whether that will actually happen remains to be seen. Because vaccine requirements restrict the freedom of parents, decreasing requirements would be a win for parental rights. If Florida leads the way in reducing or eliminating vaccine mandates, hopefully other states will follow.

Vaccine mandates are a controversial, complicated, and consequential area of law with which you as a parent should be familiar. Regardless of your position on vaccines, we are committed to defending your parental right to make the vaccine decisions you believe are in the best interests of your own child.