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Florida’s Leadership Pushes For End To Vaccine Mandates

By Jose Morales '27


In early September, Florida Governor Ron DeSantis and Surgeon General Joseph Ladapo made headlines when they called to “end all vaccine mandates” for schoolchildren (1); the announcement came after decades of consistently pro-vaccine public health policy from Florida. The recent shift in policy has caused pediatricians and public health experts to speak out, saying that this policy could reverse the decades of progress made in eradicating vaccine-preventable diseases like hepatitis B and chickenpox. (2) How did Florida get here? What is the law behind vaccine mandates? How can we work to keep vaccination rates high?


Background Information


This policy shift toward “medical freedom” originates from the influence of the Secretary of Health and Human Services, Robert F. Kennedy Jr., whose Make America Healthy Again (MAHA, for short) plan includes ensuring “medical freedom” across the country. (3) He also plans a restructuring of the vaccine schedule and replaced the committee of expert advisors from the CDC with his own handpicked members, some of whom are “critical of vaccines”. (4) 


This shift trickled down into the Florida government in early September. Vaccine mandates have been effective for decades in ensuring that school-age children, college students, and individuals living in nursing homes receive immunizations against common diseases such as measles and polio (5); however, the new plan that was announced would drop the four vaccines that are required by Department of Health rules, along with a broader opt-out system. The rest of the required vaccinations for schoolchildren and similar groups are written into law and are up to lawmakers to decide whether they should follow DeSantis’s and Ladapo’s plan. (6)


Florida lawmakers are unwilling to take direct positions on the plan yet. Rep. Adam Anderson, who was the previous chair of the House Health Care Facilities & Systems Subcommittee, said he wouldn’t take a position without knowing more, but that many members of the House “are in favor of medical freedom”. (7)


Others were critical of the announcement, like Senate Democratic leader Lori Berman, who said that there are already “broad medical and religious exemptions for childhood vaccinations” and said that Republicans are now supporting “anti-science health policy”. (8) Sen. Tina Polsky also spoke out directly against Ladapo, saying that he has a “habit of misrepresenting science” and “prioritize(s) political dogma over smart health decisions”. (9)


Apart from the politics behind the move, there were already public health concerns over vaccination rates in Florida before this announcement even came out. Pre-COVID, Florida had 94% of its kindergarteners vaccinated, and now it’s down to 88%, with pediatricians warning that lower vaccination rates would mean a higher infection risk. (10,11) There has also been an increase in vaccine-preventable deaths; Texas recently reported two children dying from measles, the first deaths in the U.S. in a decade. (12)


Case Law Supporting Vaccine Mandates


The single most important case in vaccine mandates goes back to 1905 in Jacobson v. Massachusetts. The Supreme Court found that Massachusetts could uphold its statute mandating smallpox vaccines and use its police power to enact regulations to protect public health, even if it limits personal liberty. (13) This case laid the foundation for the legality of vaccine mandates and was commonly used as precedent during other vaccine cases, especially during the COVID pandemic. 


Another case supporting vaccine mandates is  Zucht v. King. The case made it to the Supreme Court in 1922, where they ruled that the city of San Antonio could require children to be vaccinated to go to school, even if there was not an ongoing outbreak of disease. The court used reasoning from Jacobson to argue that excluding unvaccinated children and vaccine mandates were a part of a state’s police powers. This was seen as a reasonable regulation because the vaccinations would stop absences from infectious diseases during outbreaks by decreasing the risk of outbreaks, therefore keeping school attendance high. (14) This case directly supports vaccine mandates in school, and showed reasoning that the Supreme Court agreed with, as to why they are a good thing to have in place and not an infringement upon the rights of those in the schools. 


Fast forwarding to 2021, Klassen v. Trustees of Indiana University was a recent example of a university being allowed to require COVID vaccines for attendance, or if they were exempt, to wear a mask and be tested frequently. (15) The Seventh Circuit Court of Appeals used precedent from Jacobson here as well, even saying that “this case is easier than Jacobson because the university has exemptions for adults, while Jacobson didn’t. The court also made the point that it wasn’t even the state that required vaccination, but rather the institution; therefore, the court concluded that “people who do not want to be vaccinated may go elsewhere.” (16)


Implications of Removing Mandates


Returning to DeSantis and Ladapo’s proposed plan for “medical freedom” in Florida, with an understanding of past court rulings, we can see that it is perfectly legal and has been within the state's police powers for over a century to protect public health through vaccine mandates. The revocation of these mandates would lead to fewer people getting vaccinated, which would increase the public’s vulnerability to previously controlled diseases like measles and chickenpox. (17) The removal of a mandate would also mean that people with barriers to accessing these vaccines, like those who live in rural areas or are uninsured, might take the easy way out and not get them, since they are not required. (18)


This plan will likely lead to more infections of vaccine-preventable diseases, which is not only bad for school attendance but also for the public’s own pockets. (19) A CDC report from 2024 found that vaccinations produce direct savings from future possible hospital visits, lost wages, and more. (20) Why is the Florida governor promoting running the risk of increased infections, school absenteeism, and higher healthcare and disease-related costs over the long run? 


No matter the governor and surgeon general’s logic behind these removals, history has proven that vaccine mandates have done much more good for the public than harm. When the state stops supporting the cause, smaller organizations have to take the lead. Public health advocates can use strategies that other places have used. California, Oregon, Washington, and Hawaii have created the West Coast Health Alliance, which is a coalition created by the governors of each state to coordinate public health guidelines from the CDC and inform the public about vaccines in the face of misinformation campaigns. (21) It was formed at the beginning of the month following controversy from RFK Jr.’s replacement of many experts from a CDC advisory panel. Smaller communities and towns could also fund public information campaigns from public health professionals through community gatherings, social media, and in schools. Transparency in vaccination rates and the availability of free mobile clinics can also help ensure that vaccination rates remain high.


For over a century, vaccine mandates have kept the public healthy and immunized against harmful infectious diseases. Now, DeSantis and Ladapo want to undo all that progress in the name of “medical freedom”. The negatives from this plan heavily outweigh the positives, and risk the possibility of more disease outbreaks in the future. History and case law show that it is within the state's rights to mandate vaccines and that the public has been served better because of them. If the removal of mandates proves to be politically popular, there is a risk of more states turning against vaccinations as well. It’s up to the local communities and public health organizations to fight against misinformation about vaccines and promote higher vaccination rates through coalitions, information campaigns, and promoting accessibility. 


Endnotes

  1. Mary Kekatos, “What Florida Ending Vaccine Mandates Could Mean for Rest of US,” ABC News, ABC News Network, September 9, 2025, https://abcnews.go.com/Health/florida-ending-vaccine-mandates-rest-us/story?id=125360736.

  2. Ibid.

  3. Allison Aubrey et al., “The Maha Plan for Healthier Kids Includes 128 Ideas, but Few Details,” NPR, September 9, 2025, https://www.npr.org/sections/shots-health-news/2025/09/09/nx-s1-5534412/rfk-maha-report-childrens-health.

  4. Ibid.

  5. Christine Sexton, “DeSantis Administration Pushes to Eliminate All Vaccine Mandates in Florida,” Florida Phoenix, September 3, 2025, https://floridaphoenix.com/2025/09/03/desantis-administration-pushes-to-eliminate-all-vaccine-mandates-in-florida/.

  6. Mary Kekatos, “What Florida Ending Vaccine Mandates Could Mean for Rest of US,” ABC News, ABC News Network, September 9, 2025, https://abcnews.go.com/Health/florida-ending-vaccine-mandates-rest-us/story?id=125360736.

  7. Romy Ellenbogen, Alexandra Glorioso, and Lawrence Mower, “Facing DeSantis, Ladapo Vaccine Proposal, Florida Lawmakers Are Lukewarm,” Tampa Bay Times, September 4, 2025, https://advance.lexis.com/api/document?collection=news&id=urn:contentItem:6GND-8453-RW8M-31W5-00000-00.

  8. Christine Sexton, “DeSantis Administration Pushes to Eliminate All Vaccine Mandates in Florida,” Florida Phoenix, September 3, 2025, https://floridaphoenix.com/2025/09/03/desantis-administration-pushes-to-eliminate-all-vaccine-mandates-in-florida/.

  9. Ibid.

  10. Romy Ellenbogen, Alexandra Glorioso, and Lawrence Mower, “Facing DeSantis, Ladapo Vaccine Proposal, Florida Lawmakers Are Lukewarm,” Tampa Bay Times, September 4, 2025, https://advance.lexis.com/api/document?collection=news&id=urn:contentItem:6GND-8453-RW8M-31W5-00000-00.

  11. Mary Kekatos, “What Florida Ending Vaccine Mandates Could Mean for Rest of US,” ABC News, ABC News Network, September 9, 2025, https://abcnews.go.com/Health/florida-ending-vaccine-mandates-rest-us/story?id=125360736.

  12. Ibid.

  13. Jacobson v. Massachusetts, 197 U.S. 11 (1905), accessed September 27, 2025, https://supreme.justia.com/cases/federal/us/197/11/.

  14. Zucht v. King, 260 U.S. 174 (1922), accessed September 27, 2025, https://www.originalsources.com/Document.aspx?DocID=7RLFK14XM3QB5W2.

  15. Klaassen v. Trustees of Indiana University, No. 21-2326 (7th Cir. 2021), accessed September 27, 2025, https://law.justia.com/cases/federal/appellate-courts/ca7/21-2326/21-2326-2021-08-02.html.

  16. Ibid.

  17. Mary Kekatos, “What Florida Ending Vaccine Mandates Could Mean for Rest of US,” ABC News, ABC News Network, September 9, 2025, https://abcnews.go.com/Health/florida-ending-vaccine-mandates-rest-us/story?id=125360736.

  18. Ibid.

  19. Ibid.

  20. Ibid.

  21. Ibid.

 
 
 
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Florida Undergraduate Law Review 2024 | University of Florida

All opinions expressed herein are those of individual authors and are not endorsed by the Florida Undergraduate Law Review. The Florida Undergraduate Law Review is a student-run organization and does not reflect the views of the University of Florida.

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