Judge assigned to challenge of Florida plan to drop four school vaccine requirements

A state administrative law judge was assigned on Oct. 20 to a challenge against the Florida Department of Health’s proposal to drop four vaccines from the immunizations children need to enter school and child care, and a scheduling conference by Zoom was set for Oct. 22 at 4 p.m., according to the Division of Administrative Hearings docket. Administrative Law Judge W. David Watkins has the case, No. 26-005075RP, and no hearing date had been set as of Oct. 20.¹

The petition was filed Friday, Oct. 16, by the Florida Academy of Family Physicians, Jacksonville family physician Danielle Carter and two people identified by initials: T.F. and K.O., a school nurse who also filed on behalf of her young child. It asks the judge to declare the proposed changes to Rule 64D-3.046 an invalid exercise of delegated legislative authority and seeks attorneys’ fees.²

What the department proposed

The department’s notice of proposed rule, published Aug. 24 in the Florida Administrative Register, says the rule “removes from requirements immunizations that are not required by section 1003.22, Florida Statutes.” The petition identifies those as Hib, hepatitis B, varicella (chickenpox) and pneumococcal conjugate vaccines. The notice lists State Surgeon General Joseph Ladapo as the agency head who approved the proposal, on Aug. 20.³²

The August version also would have said religious exemptions “may include a sincerely held moral or ethical belief.” A notice of change published Sept. 30 struck that language. The department held a rule hearing Oct. 8 in Lake Mary.⁴⁵²

Section 1003.22 itself requires immunization against polio, diphtheria, rubeola, rubella, pertussis, mumps and tetanus, “and other communicable diseases as determined by rules of the Department of Health,” and says administration must “conform to recognized standards of medical practice.” The statute allows exemptions for religious objections and for medical reasons certified by a physician.⁶

What the petition argues

The petition argues the department lacks authority to drop the four vaccines because state law directs it to “ensure that all children in this state are immunized against vaccine-preventable diseases,” and that no new medical or scientific evidence has called the vaccines into question. It says Hib, hepatitis B and varicella have been required for more than 24 years and pneumococcal conjugate since at least 2010.²

The petition quotes Ladapo saying the proposal is not about the vaccines’ effectiveness or safety, and argues that enforcing parental rights is not among the department’s statutory powers.² The Florida Phoenix reported that Ladapo framed the change as a matter of parents’ rights at the Oct. 8 hearing.⁷

The petition also argues the department did not follow rulemaking procedure. State law requires a proposed rule within 180 days of the latest notice of rule development unless the agency gives the Legislature’s Joint Administrative Procedures Committee a statement explaining the delay, updated quarterly.⁸ The department’s development notice ran Sept. 10, 2025. The petition says letters the department sent the committee on Feb. 26 and June 30, 2026, did not identify legitimate reasons for the delay, and that the August proposal matched the draft shown at a December 2025 workshop.²

What happens next

Under section 120.56, the judge is to hold a hearing within 30 days of assignment unless a continuance is granted, and once petitioners show they would be substantially affected, the department must prove the proposed rule is valid as to their objections. A proposed rule declared invalid may not be adopted unless the decision is reversed on appeal.⁹ The department may not file the rule for adoption until the judge rules.⁸

What the records do not show

• Any response from the Department of Health to the petition; none appeared on the docket as of Oct. 20.
• Whether the department will change or withdraw the proposed rule.
• Any public statement from the Florida Academy of Family Physicians beyond the petition.