Restaurants and retail businesses may reopen at 25% capacity while maintaining social distancing guidelines.
Decisions on reopening in Miami-Dade, Broward and Palm Beach counties are excluded from the Order and subject to determinations by local authorities.
Violation of the Order is a second-degree misdemeanor, punishable by no more than 60 days imprisonment, no more than $500 fine, or both.

Beginning on Monday May 4, 2020, at 12:01 a.m., Florida will begin reopening business in the Phase 1 of the recovery plan laid out by Gov. DeSantis. Businesses seeking to reopen will be subject to social distancing guidelines and CDC and OSHA requirements. Gov. DeSantis entered Executive Order 20-112 outlining the requirements for businesses looking to reopen. While this is a statewide order, Miami-Dade, Broward and Palm Beach counties will follow stricter protocols in coordination with their mayors and are excluded from this Executive Order. The remaining provisions of the Safer At Home executive order remains in place.

The Executive Order requires social distancing guidelines to continue, requiring at least six feet between individuals and prohibiting gatherings of more than ten (10) people.

What Businesses Can Reopen?

Retail Businesses: Business may operate at a limited 25% occupancy and abide by CDC and OSHA safety guidelines.

Restaurants: Restaurants must limit their indoor capacity to 25% and outdoor seating is unlimited, but restaurants must adhere to social distancing guidelines. Bar counters, however, must remain closed to seating.

Medical Procedures: Elective medical procedures, including hospital ambulatory surgical centers, office surgery centers, dental offices, endodontic offices and other health care practitioners may resume business only under the following conditions:

  • The facility is one that can immediately convert into a surgical and intensive care center in the event of surge capacity for COVID-19 patients.
  • The facility has adequate PPE for all medical procedures and to respond to COVID-19 needs without seeking additional state or federal assistance in procuring PPE.
  • The facility has not sought federal, state or local government assistance in procuring PPE supplies once they resume elective procedures.
  • The facility has not refused to support or otherwise engage with skilled nursing facilities, assisted living facilities or other long-term care providers.

Museums and libraries: Limited to 25% occupancy and may continue to operate unless prohibited by local government.

Other Businesses Must Remain Closed

Personal care services such as barbershops, salons, gym and fitness centers must remain closed. Additionally, bars, nightclubs or other businesses that derive more than 50% of their revenue from the sale of alcoholic beverages remain closed for on-premises consumption. Vacation rentals remain closed under prior restrictions and residents are reminded to restrict any unnecessary travel and of the quarantine requirements in the event they travel to areas of high COVID-19 concentrations.

The Governor’s Executive Orders do not contain a preemption on local rules where those rules restrict or close businesses or buildings.

Reopening businesses come with additional possible risks, including the unknown of future increased COVID-19 infections. Businesses should ensure they are taking precautions to implement policies and procedures to ensure safe working environments and to address possible COVID-19 infections on their premises. In addition, businesses should be reviewing their insurance policies for potential coverage in the event of further business interruption and/or onsite damage that may occur.

For more information, please reach out to your regular Pillsbury contact or the author of this client alert.

Pillsbury’s experienced multidisciplinary COVID-19 Task Force is closely monitoring the global threat of COVID-19 and providing real-time advice across industry sectors, drawing on the firm’s capabilities in crisis management, employment law, insurance recovery, real estate, supply chain management, cybersecurity, corporate and contracts law and other areas to provide critical guidance to clients in an urgent and quickly evolving situation. For more thought leadership on this rapidly developing topic, please visit our COVID-19 (Coronavirus) Resource Center.

These and any accompanying materials are not legal advice, are not a complete summary of the subject matter, and are subject to the terms of use found at: https://www.pillsburylaw.com/en/terms-of-use.html. We recommend that you obtain separate legal advice.