Unvaccinated cruises out of FL - DeSantis signs in to law “no vaccine passports”

[coffeebean]

4 hours ago, Sixtytwo said:

So, who suffers the most damage if the Florida rule is followed and vaccinated pax are allowed on board? Surely not Florida! NCL would likely be liable for who knows how much financial responsibility for damage claims, cruise fare refunds, future cruise certificates, etc! Personally, I support Del Rio's position 100%!

DeSantis and his cronies did NOT think this through. Exceptions have to be made and I surely hope DeSantis is smart enough to realize that.

[coffeebean]

3 hours ago, Sinbadssailors said:

 

Good to know, since Del Rio's position was aimed squarely at the CDC'S onerous requirements.

 

The suggestion that Florida was the reason?  That's a media twist aimed directly at DeSantis. 

 

The Florida rule/law has a very clear exception if the CDC decided to require vaccination.

Really? What is the exception?

[Sinbadssailors]

1 hour ago, coffeebean said:

Really? What is the exception?

The Bill text: (Florida SB 2006)

381.00316 COVID-19 vaccine documentation.— 
...This subsection does not otherwise restrict businesses from instituting screening protocols consistent with authoritative or  controlling government-issued guidance to protect public health.

 

[Stallion]

as an attorney, under your interpretation, there is still direct conflict with the provision prohibiting vaccination records. In that situation, legal precedent requires you to read both provisions together to give meaning and effect to both provisions. Your argument nullifies the express wording of the statute prohibiting vaccination records. Such a construction is unlikely to be followed. The words "does not otherwise restrict businesses" also suggest that you still must follow the prohibition against vaccination records. Its also legally instructive that the legislative intent based upon the Governors executive order is that the vaccination records prohibition is applicable to cruise ships. Not sure if other legislative representatives made similar comments

Edited May 9, 2021 by Stallion

[Sinbadssailors]

36 minutes ago, Stallion said:

as an attorney, under your interpretation, there is still direct conflict with the provision prohibiting vaccination records. In that situation, legal precedent requires you to read both provisions together to give meaning and effect to both provisions. Your argument nullifies the express wording of the statute prohibiting vaccination records. Such a construction is unlikely to be followed. The words "does not otherwise restrict businesses" also suggest that you still must follow the prohibition against vaccination records. Its also legally instructive that the legislative intent based upon the Governors executive order is that the vaccination records prohibition is applicable to cruise ships. Not sure if other legislative representatives made similar comments

I don't see another purpose for the section, if it's not to allow for government guidance that would then trump state law.

 

 

[Stallion]

CDC protocols not relating to vaccination records would not directly conflict with the primary statute

[mkdreams]

On 5/8/2021 at 1:09 PM, Sinbadssailors said:

 

Good to know, since Del Rio's position was aimed squarely at the CDC'S onerous requirements.

 

The suggestion that Florida was the reason?  That's a media twist aimed directly at DeSantis. 

 

The Florida rule/law has a very clear exception if the CDC decided to require vaccination.

Exactly! Glad to see others are seeing this.

Edited May 11, 2021 by mkdreams

[coffeebean]

On 5/8/2021 at 6:58 PM, Sinbadssailors said:

The Bill text: (Florida SB 2006)

381.00316 COVID-19 vaccine documentation.— 
...This subsection does not otherwise restrict businesses from instituting screening protocols consistent with authoritative or  controlling government-issued guidance to protect public health.

 

I'm not a lawyer so I'm not sure if "screening protocols" pertain to vaccine status. My concern is the "screening protocols" may just be referring to Covid testing.

[Navis]

15 minutes ago, coffeebean said:

I'm not a lawyer so I'm not sure if "screening protocols" pertain to vaccine status. My concern is the "screening protocols" may just be referring to Covid testing.

We’d need to see the beginning of the statute as that is where all the terms are defined. My guess is the beginning of the proposal has a section that defines “screening protocols.”

[KennyFla]

Both the state of Florida and the cruise lines want the same thing.  When that happens compromise can be reached.

 

 

Norwegian Cruise Line President and CEO Harry Sommer appeared on "Good Morning America" on Wednesday and sounded more optimistic that they could come to a compromise.

"At the end of the day, we have the same goal in mind to restart cruising safely for our guests in an excellent way with a fantastic product," Sommer said on "GMA." "And I think when people are aligned on the same goal they find a way to move forward."

"You say your goals are aligned," ABC's Michael Strahan said, "but what does the compromise look like if the state doesn't relent, are you prepared to keep ships out of Florida?"

"I don't think it's a question of relenting," Sommer responded, "I think it's a question of us coming together with a common cause and a common goal, moving forward, and I'm confident and optimistic that we'll be able to do that."

 

 

 

Edited May 13, 2021 by KennyFla

[coffeebean]

10 hours ago, Navis said:

We’d need to see the beginning of the statute as that is where all the terms are defined. My guess is the beginning of the proposal has a section that defines “screening protocols.”

OK. Thanks. Anyone have that information they can post?

[im1kissfan]

8 hours ago, coffeebean said:

OK. Thanks. Anyone have that information they can post?

 

The bill is here:

 

https://flsenate.gov/Session/Bill/2021/2006/BillText/er/PDF

 

"screening protocols" doesn't appear to be defined in the bill nor referenced in other statutes.