On April 1, 2020, Florida Governor Ron DeSantis issued Executive Order Number 20-91 to “ensure that the spread of COVID-19 is lowered, and that residents and visitors in Florida remain safe and secure.” The Executive Order issues a Safer At Home statement and defines essential services and essential activities. Executive Order 20-92 amends Section 4 of Executive Order 20-91 to state that the order supersedes any conflicting official action or order issued by local officials in response to COVID-19, and otherwise ratifies and reaffirms Executive Order 20-91. The Executive Order becomes effective 12:01 a.m. on April 3, 2020, and expires on April 30, 2020, unless extended by subsequent order.
The Executive Order requires senior citizens and individuals with significant underlying medical conditions to “stay at home and take all measure to limit the risk of exposure to COVID-19.” In addition, “all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities.” The order expressly provides that it does not prohibit, but rather encourages, individuals to work from home.
“Essential Services” includes the list provided by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce v. 2 dated March 28, 2020, and any subsequent lists, as well as those businesses and activities designated by Executive Order 20-89 and the list propounded by Miami-Dade County attached thereto. In addition to the services identified by the Department of Homeland Security, essential retail and commercial businesses (identified by reference to Executive Order 20-89 and the attachment thereto) include:
In addition, the order permits the State Coordinating Officer, in coordination with the State Health Officer, to approve additional essential services. It likewise requires the State Coordination Officer to maintain a list of essential services at the websites of the Florida Division of Emergency Management and Florida Department of Health.
Under the Executive Order, “essential activities” include attending religious services, recreational activities consistent with social distancing guidelines, taking care of pets, and caring for or otherwise assisting a loved one or friend. Social gathering in public spaces are not considered essential activities, and local jurisdictions are required to ensure that groups of greater than ten people are not permitted to congregate in any public space.
The Executive Order provides that other essential activities may be added to the list with approval of the State Coordinating Officer, in close coordination with the State Health Officer. The list of essential activities will be maintained online by the State Coordinating Officer.
A copy of Executive Order 20-91 is attached hereto, and may be accessed here.
Foley’s Government Solutions group, including the Tallahassee-based Florida practice, provides regulatory and compliance counseling, guidance through all aspects of the government contracting process, and public policy and government relations services at the federal, state, and local level.
For more information about recommended steps, please contact your Foley relationship partner. For additional web-based resources available to assist you in monitoring the spread of COVID-19 on a global basis, you may wish to visit the CDC and the World Health Organization.
Foley has created a multi-disciplinary and multi-jurisdictional team, which has prepared a wealth of topical client resources and is prepared to help our clients meet the legal and business challenges that the coronavirus outbreak is creating for stakeholders across a range of industries. Click here for Foley’s Coronavirus Resource Center to stay apprised of relevant developments, insights and resources to support your business during this challenging time. To receive this content directly in your inbox, click here and submit the form.