A recent ruling in the Southern District of Florida will allow several cruise lines, including Norwegian Cruise Lines, to require passengers provide documentation certifying COVID-19 vaccination in Florida, despite recently enacted Florida legislation that outlaws the practice. On Aug. 8, U.S. District Court Judge Kathleen M. Williams entered an order granting Norwegian, Regent Seven Seas Cruises, and Oceania Cruises’ motion for a preliminary injunction to enjoin Florida from enforcing Section 381.00316, Florida’s vaccine passport ban statute, pending resolution of the lawsuit that they filed against Florida Surgeon General Scott Rivkees.

In Norwegian Cruise Line Holdings v. Rivkees, the cruise lines sought a preliminary junction to preserve their policy requiring all passengers, both guests and crewmembers, to provide documentation prior to boarding confirming they were fully vaccinated. This policy conflicts with Section 381.00316, which bans all businesses operating in Florida from requiring customers to provide documentation certifying COVID-19 vaccination status. Without the court’s ruling, the cruise lines would have faced potentially steep penalties if they implemented this policy. Section 381.00316 allows the Florida Department of Health to impose a fine of up to $5,000 “per violation.” For the cruise lines, this could mean a $5,000 fine for each customer denied access to their ships.

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