Takeaways

Florida mandates residents stay at home and closes of all nonessential businesses.
All essential businesses and activities remain open.
Social gatherings of more than 10 individuals remains prohibited.

On April 1, 2020, Governor Ron DeSantis mandated the closure of all nonessential businesses by Executive Order 20-91, effective April 3, 2020, at 12:01 am and expiring on April 30, 2020, unless extended by subsequent order. The order also requires anyone in Florida to limit their movement and personal interactions outside of the home to “essential services” and “essential activities.” The Order also mandates that senior citizens and Floridians with significant underlying medical conditions (chronic lung disease, moderate to severe asthma, serious heart conditions, immunocompromised status, cancer, diabetes, severe obesity, renal failure, and liver disease) “shall stay at home and take all measures to limit the risk of exposure to COVID-19.”

This Executive Order 20-91 supersedes all conflicting local government stay home orders, although local governments can impose further restrictions as they deem appropriate. The Governor enters this Executive Order on the heels of executive orders mandating 14-day self-quarantines for all individuals arriving in Florida from Connecticut, New Jersey, New York and Louisiana.  

Essential Businesses May Remain Open

The Executive Order follows the U.S. Department of Homeland Security Guidance on the Essential Critical Infrastructure Workforce, v.2 (March 28, 2020) when it comes to which businesses and workers are considered “essential.” All businesses, organizations and facilities that operate in critical infrastructure sectors as identified in the Guidance are not required to close. The Executive Order also follows the definitions of “essential services” in Miami-Dade County Emergency Order 07-20 and its amendments. Order 07-20 provides an enumerated list of “essential services.”  

Which Businesses Are Essential?
The Guidance outlines a non-exhaustive list of 16 sectors considered essential, including:

Chemical Sector, Commercial Facilities Sector, Communications Sector, Critical Manufacturing Sector, Dams Sector, Defense Industrial Base Sector, Emergency Services Sector, Energy Sector, Financial Services Sector, Food and Agriculture Sector, Government Facilities Sector, Healthcare and Public Health Sector, Information Technology Sector, Nuclear Reactors, Materials, and Waste Sector, Transportation Systems Sector, Water and Wastewater Systems Sector:

The Guidance further recommends that for the Essential Services:

  • Everyone should follow guidance from the CDC and government officials regarding strategies to limit the disease;
  • Workers encouraged to work from home where possible; and
  • Where remote work is not possible, businesses should utilize strategies to reduce or separate staff and other efforts to encourage social distancing.

For more information on the federal critical infrastructure sectors, please see the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security website.

Emergency Order 07-20 and its amendments also specifically allows the following to remain open:

  • healthcare providers, including pharmacies
  • grocery stores and other establishments engaged in the retail sale of food or other household consumer products (such as cleaning and personal care products)
  • food cultivation
  • businesses providing services for necessities of life for economically disadvantaged or otherwise needy individuals
  • newspaper, television, radio and other media services
  • gas stations, car dealerships and auto repair and supply facilities
  • the provision of propane and natural gas
  • financial services and banks
  • hardware stores
  • services that are necessary to maintain safety, sanitation, and essential operation of residences and other structures
  • mailing and shipping services
  • private colleges but only as needed to facilitate distance learning and university, college, or technical college residence halls to the extent needed to accommodate students who cannot return to their homes
  • laundry service providers
  • restaurants, businesses that ship or deliver food directly to residences, and schools and other entities that provide free food services to students and members of the public
  • office supplies
  • private transportation providers
  • home-based care, assisted living facilities, nursing homes, adult day care centers, and senior residential facilities
  • professional services, such as legal and accounting services, when necessary to assist in compliance with legally mandated activities
  • landscaping and pool care
  • childcare facilities subject to certain limitations
  • businesses operating at airports, seaports, or other government facilities
  • pet supply stores
  • logistics providers
  • telecommunications providers
  • open construction sites
  • architectural, engineering, or land surveying services
  • factories, manufacturing facilities, bottling plants, or other industrial uses
  • waste management services
  • businesses interacting with customers solely through electronic or telephonic means and delivering products via delivery services
  • businesses providing services to any local, state, or Federal government, including municipalities, pursuant to a contract with such government
  • office space and administrative support necessary to provide listed activities
  • private and municipal boat launches and marinas consistent with other emergency orders
  • hotels, motels, or other commercial lodging establishments consistent with other emergency orders
  • veterinarians and pet boarding facilities
  • mortuaries, funeral homes, and cemeteries
  • the sale of alcoholic beverages consistent with Executive Order 20-71
  • firearm and ammunition supply stores

It should be noted that while hotels, motels and other commercial lodging establishments are considered “essential services” pursuant to Emergency Order 07-20, all vacation rentals are prohibited from making new reservations or accepting new guests by Executive Order 20-87. The Order specifically excludes hotels, motels and resorts. Violations or attempted violations of Executive Order 20-87 are considered second-degree misdemeanors and may result in the revocation of rental licenses.

With the approval of the State Coordinating Officer and State Health Officer, additional activities could be added this list. Whenever possible, people are encouraged to work from home. Updated lists of “essential services” will be available at www.floridadisaster.org and www.floridahealth.gov.

Essential Activities May Remain Open

The Executive Order distinguishes between essential “services” and “activities.” The enumerated essential activities that may remain open include:

  • Attending religious services in churches, synagogues and houses of worship;
  • Participating in recreational activities (consistent with social distancing guidelines);
  • Taking care of pets; and
  • Caring for or assisting a loved one or friend.

This list may be amended and the State Coordinating Officer is required to maintain an online list of essential activities. Social gatherings over greater than ten people remains prohibited.

The statewide Executive Order remains in place until April 30, 2020 unless otherwise extended.


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