DeSantis announces Florida lawsuit against Biden vaccine mandate

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DeSantis: Americans are rebelling against the Democratic Party

Florida Governor Ron DeSantis predicts a red wave will continue growing through the 2022 midterms. He is joined by Fiona Lashells, a second-grade student in Florida who was suspended for not wearing a mask.

Florida Gov. Ron DeSantis announced Thursday that his state will officially file a lawsuit against President Biden's COVID-19 vaccine mandate.  

During a press conference with state Attorney General Ashley Moody in Tampa, DeSantis said Florida would be joining Georgia, Alabama and private plaintiffs in suing the Occupational Safety and Health Administration (OSHA) over its vaccine mandate for employers.

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Florida Attorney General Ashley Moody (second left) looks on as Governor Ron DeSantis speaks at a press conference 

"This is not consistent with a government of limited and enumerated powers," the Republican governor said. "There is no general police power, there is no power to mandate on the American people from the federal government."

"Individuals should make informed choices about their own healthcare," he added. "They shouldn't be coerced into getting the jab."

Florida Gov. Ron DeSantis announced his state is suing the Biden administration over the federal vaccine mandate.  (AP Photo/Marta Lavandier)

OSHA is giving employers with more than 100 employees a Jan. 4 deadline to comply with the mandate and threatening as much as $14,000 per violation for defiant businesses, according to a fact sheet released by the White House Thursday.

Employers with more than 100 employees must ensure that all their workers are either fully vaccinated or subject to weekly testing and mask wearing.

Because it is an OSHA challenge, the lawsuit will go directly to the Eleventh Circuit Court of Appeals, DeSantis said. He said Florida lawmakers will also return for a special legislative session on Nov. 15 to work on a bill to provide protections for Florida employees.

"As far-reaching as this is, this is only the beginning for what they’re contemplating doing going forward," he warned.

Separate from OSHA, the Centers for Medicare and Medicaid Services is issuing a rule to require health care workers in facilities participating in Medicare and Medicaid be fully vaccinated. Unlike the OSHA rule, the CMS rule affecting health care workers does not allow for a testing alternative to vaccination. 

Florida Attorney General Ashley Moody and Florida Gov. Ron DeSantis at a news conference on April 19, 2021. 

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The White House also said Thursday that it would push back its federal contractor vaccine mandate deadline from Dec. 8 to Jan. 4. A coalition of Republican attorneys general have already filed suit against the federal contractor mandate.

Fox News’ Michael Lee contributed to this report.