Opinion

Orange County Fire Fighters Association, I.A.F.F. Local 2057 v. Orange County Board of County Commissioners

Court
District Court of Appeal of Florida
Filed
Feb 14, 2024
Status
Published
Cited by
0 cases

The opinion

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2022-1739

_____________________________

ORANGE COUNTY FIRE FIGHTERS

ASSOCIATION, I.A.F.F. LOCAL

2057,

Appellant,

v.

ORANGE COUNTY BOARD OF

COUNTY COMMISSIONERS,

Appellee.

_____________________________

On appeal from the Public Employees Relations Commission.

Donna Poole, Chair.

February 14, 2024

PER CURIAM.

Orange County Fire Fighters Association, I.A.F.F. Local 2057,

(“Union”), appeals a final order of the Public Employees Relations

Commission (“Commission” or “PERC”), dismissing its unfair labor

practice charge against the Orange County Board of County

Commissioners (“County”). For the reasons that follow, we

reverse.

On July 28, 2021, the County implemented a COVID-19

vaccination requirement, which required new and existing county

employees to become vaccinated against COVID-19 (or provide

proof of a qualifying exemption). The County gave employees just

over two months to comply. In response, the Union filed an unfair

labor practice charge against the County. The Union, which

represents over one thousand fire-rescue personnel, alleged that

the County’s implementation of a COVID-19 vaccination

requirement was a mandatory subject of bargaining and that the

County violated section 447.501, Florida Statutes, by

implementing the policy unilaterally and without notice. The

Union requested that the County rescind the requirement,

retroactively restore the status quo, and remove adverse

consequences that employees suffered because of the policy.

Three months later and during the pendency of the proceeding

before PERC, section 112.0441, Florida Statutes, became law. It

prohibited COVID-19 vaccination requirements for public

employers. That statute provides:

Notwithstanding any other law to the contrary, an

educational institution or governmental entity may not

impose a COVID-19 vaccination mandate for any full-

time, part-time, or contract employee. Any existing

ordinance, rule, or policy imposing such mandate is null

and void as of November 18, 2021.

§ 112.0441(2)(a), Fla. Stat. It was enacted with an expiration date

of June 1, 2023. The County then moved to dismiss the pending

charge, arguing that section 112.0441 rendered it moot.

The hearing officer agreed, found that section 112.0441

mooted the case in controversy, and recommended it be dismissed.

The Commission’s final order adopted the hearing officer’s

conclusions and dismissed the charge as moot.

We review an appeal of an administrative agency’s

interpretation of a statute or rule de novo. Art. V, § 21, Fla. Const.

Although section 112.0441 prohibited the County from enforcing

its policy between November 18, 2021, and June 1, 2023, the

statute is no longer in effect. As a result, section 112.0441 does not

prohibit the County from reimposing the requirement or from

crafting another. The provision also did nothing to address any

unfair labor practices that may have occurred prior to its

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enactment. The eighteen-month statutory reprieve was

insufficient to moot the entire controversy.

REVERSED.

ROBERTS, ROWE, and LONG, JJ., concur.

_____________________________

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or

9.331.

_____________________________

Richard Siwica of Egan, Lev & Siwica, P.A., Orlando, for

Appellant.

Michael Mattimore, Wayne L. Helsby, and John W. Keller, IV of

Allen Norton & Blue, P.A., Winter Park, for Appellee.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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