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This right is viewed as more broad than the right to privacy found in the U.S. Constitution and is <br />considered a fundamental right. The Florida Supreme Court has applied this provision to set <br />parameters on personal health care decisions: <br />"We conclude that a competent person has the constitutional right to choose or <br />refuse medical treatment, and that right extends to all relevant decisions concerning <br />one's health", In Re Guardianship Browning 568 Sold 4 (Fla. 1990). <br />Certainly, one cannot have a right without a remedy. The right to privacy as defined in Florida's <br />Constitution is meaningless if one who is damaged by its violation is not afforded the ability to <br />enforce and recover if harmed by its violation. A termination violative of Florida law is by <br />definition a wrongful termination. Such a violation creates exposure for damages. <br />Florida Statute section 381.00316 (2) has been interpreted to prohibit units of local government <br />from conditioning continued employment on getting vaccinated. Additionally, at subpart (4) of <br />the statute section a $5000 penalty can be imposed by the state for each violation. <br />The legislature structured the two sections so as to establish the worker's right separately. In <br />other words, the statute separately or distinctly gives government employees the right to be free <br />to choose to be vaccinated or not without risk+ng the loss of employment. This right also acts as <br />a limitation of power for units of local government. The prohibition stands alone and creates the <br />right of the employee and the responsibility of the unit of local government. In addition to <br />creating the right the statute imposes a potential penalty by the State of Florida. <br />This structure has likely given the government employee personal right to sue. As you may be <br />aware, statutes and regulations are part of an employment relationship or contract. For <br />instance, wage and hour protections, OSHA standards, and workers' compensation laws are <br />part of every employment relationship/contract even if not overtly discussed or contemplated <br />by employers and employees. Therefore, it would appear that the right to not be forced to be <br />vaccinated as a condition of employment by a unit of local government is now a part of each <br />government worker's employment contract. <br />If an employee is terminated based upon a reason not allowed by law that termination would <br />seem to be a wrongful termination by definition. The unit of local government that bows to the <br />federal overreach is unwittingly exposing their entity to wrongful termination litigation in addition <br />to the $5000 penalty. <br />Another consideration is the occurrence of any adverse reaction to a forced vaccination and <br />how that raises workers' compensation considerations. The vaccines are new and their <br />adverse reactions are still unfolding. Incurring the additional risk of workers' compensation <br />liability will have immediate expenses with long term exposure implications. How will your <br />workers' compensation program properly underwrite/reserve this risk? How will you protect <br />your employees while being good stewards? Will you cover all claims? How will you pick and <br />