Sports

DeSantis Signs Bill Preventing COVID-19 Passport Use At Florida Sporting Events

The move could have a major effect on Florida's sports and tourism industries.

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On May 3, 2021, Florida Gov. Ron DeSantis signed Senate Bill 2006, which includes provisions that prevent business entities, governmental entities, and educational institutions from requiring patrons or customers to provide any documentation certifying COVID-19 vaccination to gain access to, entry upon, or service from their operations. It does not; however, restrict those entities and institutions from instituting screening protocols consistent with authoritative or controlling government-issued guidance to protect public health.

The Florida Department of Health may impose a fine not to exceed $5,000 per violation of the above.

These COVID-19 “passports” have become a hot-button issue across the United States. DeSantis had previously issued an executive order blocking their use but, on April 29, before the close of the session, Florida lawmakers voted up a bill to do the same, which has now been signed into law. DeSantis has firmly stated that allowing COVID-19 passports would create concerning privacy issues.

His move could have a major effect on the sports and tourism industries. The Football Association, Premier League, English Football League, Scottish Professional Football League, and other major sports organizations in the United Kingdom have publicly issued support for the use of COVID-19 passports. A number of stadiums in the United States, including Oracle Park (home of the San Francisco Giants) and Citi Field (home of the New York Mets) are now requiring digital vaccine verifications.

Under new Florida law, that cannot even be a consideration for stadium operators. Can businesses require employees and customers to carry this type of COVID-19 passport? At least in Florida, the answer is clearly no. But what happens if a league, such as the National Basketball Association, requires all teams to utilize this type of passport system, which violates state law? Could there be a challenge to the constitutionality of the law itself?

Darren Heitner is the founder of Heitner Legal. He is the author of How to Play the Game: What Every Sports Attorney Needs to Know, published by the American Bar Association, and is an adjunct professor at the University of Florida Levin College of Law. You can reach him by email at heitner@gmail.com and follow him on Twitter at @DarrenHeitner.

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