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Ex. SEC-06-008 Order Primary source read

Norwegian Cruise Line Holdings Ltd. v. State Surgeon General, No. 21-12729 (11th Cir. Oct. 6, 2022) (published opinion)

Opinion reversing the preliminary injunction against Florida's vaccine-documentation ban as applied to cruise lines

Eleventh Circuit (William Pryor, C.J.) · United States Court of Appeals for the Eleventh Circuit (Florida) (Court)

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The record

Jurisdiction
United States Court of Appeals for the Eleventh Circuit (Florida) · Florida
Level
Court
Authority
28 U.S.C. 1292(a)(1); Fla. Stat. 381.00316
Issued
2022-10-06 Oct. 6, 2022
Effective
n/a (post-period judicial opinion) (read as 2022-10-06)
End
n/a
In force
Oct. 6, 2022 (no end date recorded; counted as in force for 120 days)
Limitation types
Vaccination or testingOther
Addressees
  • all businesses operating in Florida
Functions reached
  • TV
  • HK
  • CB
Collection
Hotels, Travel and Tourism SEC-06

Operative words

This appeal concerns whether a Florida statute that prohibits all businesses operating in the state from requiring customers to provide documentary proof that they are vaccinated against COVID-19 violates the Free Speech and Commerce Clauses of the Constitution. Norwegian Cruise Line Holdings Ltd., a corporation headquartered in Florida, operates cruise ships that travel around the world. Norwegian requires everyone on board its ships to be vaccinated against COVID-19.

Enforcement

Fla. Stat. 381.00316 (fines up to $5,000 per violation)

Notes

Context for the Q3 2021 conflict between Florida's statute (effective July 1, 2021) and the CDC's CSO conditions and the vaccination-proof orders of other jurisdictions; a national cruise or hotel operator faced opposite commands in different ports and cities in the same quarter.

Retrieval note

Litigation context, not an order limiting commerce; cite for the statute's effective date and scope only.