Judge David Watkins of the Florida Division of Administrative Hearings has consolidated two challenges to the new vaccination rules and scheduled a hearing for the week of Dec. 14. The outcome could determine whether the changes take effect while Gov. Ron DeSantis is still in office.
The dispute centers on a proposal by the Florida Department of Health (DOH) on vaccines required for entry to schools and child care facilities. In addition to the vaccines mandated by statute, DOH may use administrative rules to require immunization against other diseases. On that basis, the department currently requires immunization against Hib, hepatitis B, chickenpox and pneumococcal disease. The new rules would eliminate the requirement for those four vaccines. The proposal would also allow parents to opt out of having their children’s data entered in the SHOTS immunization registry.
Those who filed the challenges include the Florida Academy of Family Physicians, physician Danielle Carter and three people identified only by their initials. Both challenges argue that the administration did not follow the proper rulemaking procedure and that DOH exceeded the authority granted to it by the Legislature.
Chris Nuland, a Jacksonville health care attorney, told the Florida Phoenix that the schedule is tight. According to him, the timeline could allow the DeSantis administration to implement the changes if Watkins issues a recommendation favorable to DOH. Nuland called that outcome ambitious but not impossible. He added that the judge would have to prepare a ruling over the Christmas and New Year’s holidays.
Nuland also pointed to a second scenario. If the department wins before DeSantis’ successor is sworn in, the rule could take effect without any action by the new administration. If the judge ruled against DOH while DeSantis was still in office, the department could file an appeal before the new governor takes over. The decision on whether to pursue it, however, would fall to the new administration.
DeSantis leaves office in January 2027 because of term limits. His proposals to change childhood vaccination requirements failed during the 2026 legislative session. The governor has said vaccination policy will be a priority for him before he departs, and DOH returned to pursuing the changes through administrative rulemaking.
Source: Florida Phoenix
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