FLORIDA GOVERNOR’S COVID-19 EMERGENCY ORDERS

A SUMMARY MEMORANDUM[1]

 

Michael J. Gelfand, Esq.[2]
Gelfand & Arpe, P.A.
West Palm Beach, Florida

Dear Colleagues:

This Memorandum provides internet links to and summarizes for the Florida Real Property, Probate and Trust Law practitioner Florida Governor DeSantis’ Emergency Orders concerning the COVID-19 pandemic through EO-2020-103 issued April 10, 2020, and selected agency and court orders. Executive Orders refer to and build upon prior orders; thus, the Orders are organized in chronological order. Orders are posted at: https://www.flgov.com/2020-executive-orders/

2020-51, Coronavirus Response Protocol and Directs Public Health Emergency (March 1, 2020)

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-51.pdf

  • Directs the declaration of a public health emergency in the State of Florida.
  • Directs the State Health Officer to follow the guidelines established by the CDC in establishing protocols to control the spread COVlD-19, and educate the public on prevention.
  • Designates the Florida Department of Health as the lead state agency to coordinate emergency response activities among the various state agencies and local governments.
  • Florida Department of Health will actively monitor, at a minimum, all persons meeting the definition of a Person Under Investigation (“PUI”) as defined by the CDC for COVID-19 for a period of at least 14 days or until the PUI tests negative for COVID-19. Active monitoring by the Florida Department of Health will include at least the following:
    • Risk assessment within 24 hours of learning an individual meets the criteria for a PUI.
    • Twice-daily temperature checks.
  • The Florida Department of Health to make its own determinations as to quarantine, isolation and other necessary public health interventions as permitted under Florida law.

2020-52, COVID-19 Public Health Emergency (March 9, 2020, Expires in 60 Days Unless Extended [May 8, 2020])

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-52.pdf

  • Declaration of a State of Emergency.
  • Director of the Division of Emergency Management (“Director”) is the State Coordinating Officer for the duration of this emergency, directed to execute the State’s Comprehensive Emergency Management Plan.
  • State Coordinating Officer authorized to exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of Section 252.33, Florida Statutes, including to:
    • Seek direct assistance and enter into agreements with any and all agencies of the United States Government as may be needed to meet the emergency.
    • Designate additional Deputy State Coordinating Officers, as necessary.
    • Suspend the effect of any statute, rule, or order that would in any way prevent, hinder, or delay any mitigation, response, or recovery action necessary to cope with this emergency.
    • Enter orders as may be needed to implement any of the foregoing powers; however, the requirements of Sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such orders issued by the State Coordinating Officer; however, no such order shall remain in effect beyond the expiration of this Executive Order, to include any extension.
  • The Adjutant General to activate the Florida National Guard, as needed, to deal with this emergency.
  • The requirements of Sections 252.46 and 120.54(4), Florida Statutes, generally addressing budgeting do not apply to any such suspension issued by the Executive Office of the Governor;
  • Each State agency may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of that agency, if strict compliance with the provisions of any such statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency.
  • Pharmacists may dispense up to a 30-day emergency prescription refill of maintenance medication to persons who reside in an area or county covered under this Executive Order and to emergency personnel who have been activated by their state and local agency but who do not reside in an area or county covered by this Executive Order.
  • Each political subdivision within the State of Florida may waive the procedures and formalities otherwise required of the political subdivision by law pertaining to many areas of administration.
  • Closure of State buildings authorized.
  • Medical professionals and workers, social workers, and counselors with good and valid professional licenses issued by states other than the State of Florida may render such services in Florida during this emergency for persons affected by this emergency with the condition that such services be rendered to such persons free of charge, and with the further condition that such services be rendered under the auspices of the American Red Cross or the Florida Department of Health.

2020-68, Bars, Beaches and Restaurants (March 17, 2020, Expires in 30 days [April 16, 2020] Unless Extended).

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-68.pdf

  • Businesses with 50% of gross revenue from on premises alcohol sales shall suspend sales for 30 days from March 17, 2020.
  • Public beaches are to follow the CDC guidance by limiting theirs gatherings to no more than 10 persons, distance themselves from other parties by 6 feet, and support beach closures at the discretion of local authorities.
  • Restaurants shall immediately limit its occupancy to 50% of its current building occupancy.
  • A restaurant shall follow the CDC guidance by ensuring, at minimum, a 6-foot distance between any group of patrons and limiting parties to no more than IO individuals.
  • The Department of Business and Professional Regulation shall ensure all restaurants implement employee screening and prohibit any employee from entering the restaurant premises if they meet any of the criteria listed below:
    • Any person infected with COVID-19 who has not had two consecutive negative test results separated by 24 hours;
    • Any person showing, presenting signs or symptoms of, or disclosing the presence of a respiratory infection, including cough, fever, shortness of breath or sore throat;
    • Any person who has been in contact with any person(s) known to be infected with COVID-19, who has not yet tested negative for COVID-19 within the past 14 days;
    • Any person who traveled through any airport within the past 14 days; or,
    • Any person who traveled on a cruise ship within the past 14 days.

2020-69, Public Meetings (March 20, 2020, Expires with EO 20-52 [May 8, 2020]).

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-69.pdf

  • Concerning local government meetings:
    • Quorum and location requirements are suspended; and,
    • Electronic meeting equipment may be utilized.

2020-70, Broward and Palm Beach Closures (March 20, 2020, Expires See Below [March 31, 2020] [Beach Closure Extended by EO 20-90 to Expire with EO 20-52 [May 8, 2020])

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-70.pdf

  • All restaurants, bars, taverns, pubs, night clubs, banquet halls, cocktail lounges, cabarets, breweries, cafeterias and any other alcohol and/or food service business establishment with seating for more than ten (10) people within the incorporated and unincorporated areas of Broward County and Palm Beach County to close on-premises service of customers.
    • Such establishments may operate their kitchens for the purpose-of providing delivery services, personnel, contractors and delivery personnel shall be allowed access to such establishments.
    • This Order shall not apply to grocery stores, pharmacies, gas stations and convenience stores, except that those discrete portions of such establishments that provide alcohol and/or food service with seating for more than ten (10) people shall abide by the restrictions in Section I.
    • This order shall not apply to:
      • Delivery services, pick-up or take out service provided by any of the establishments listed above to restaurants that are ancillary to essential services, including the airports, port facilities, secure facilities and hospitals.
      • Other essential services may be determined by the county administrators.
    • All movie theatres, concert houses, auditoriums, playhouses, bowling alleys, arcades, gymnasiums, fitness studios and beaches shall close. This Order shall not apply to gymnasiums or fitness centers which are:
      • Amenities of hotels which have a capacity of 10 persons or less;
      • An amenity of a residential building;
      • Interior to any fire or police stations; or,
      • Located inside any single-occupant office building.
    • Closures shall expire:
      • March 31, 2020, but may be renewed upon the written request of the County Administrator.
      • The Broward County Administrator and the Palm Beach County Administrator shall have the ability to enforce, relax, modify or remove these closures, as warranted, pursuant to the directives and parameters as set forth in Executive Order 20-68.

2020-71, Alcohol Sales, Restaurants and Gyms (March 20, 2020, Expires with EO 20-52 [May 8, 2020]):

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-71.pdf

  • Concerning the sale of alcoholic beverages, amending and superseding Executive Order 20-68, Section 1:
    • Suspends licensed vendors sale of alcoholic beverages for consumption on the premises by the drink or in sealed containers for consumption on the premises.
    • Licensed vendors may continue to sell alcoholic beverages in sealed containers for consumption off-premises.
    • The restriction in section 561.20(2)(a)4., Florida Statutes, prohibiting a specially licensed food service establishment from selling package sales of alcohol for delivery, take-out or consumption off-premises is suspended for restaurants complying with Executive Order 20-68, through the expiration of the state of emergency declared in Executive Order 20-52, including any extensions, so long as the following conditions are met:
      • Any sale of an alcoholic beverage in a sealed container for consumption off premises is accompanied by the sale of food within the same order; and,
      • Any delivery of an alcoholic beverage complies with Section 561.57, Florida Statutes.
    • Refund restrictions are suspended for certain sales of alcoholic beverages purchased for events canceled in response to COVID-19.
  • Concerning restaurants and food establishments licensed under Chapters 500 and 509, Florida Statues, within the State of Florida, amending and superseding Executive Order 20-68, Section 1.
    • Suspended on-premises food consumption for customers.
    • Notwithstanding the foregoing, such establishments may operate their kitchens for the purpose of providing delivery or take-out services.
    • Employees, janitorial personnel, contractors and delivery personnel shall be allowed access to such establishments for the purposes of delivery or take-out services.
  • Gymnasiums and fitness centers within the State of Florida are closed, except if:
    • Amenities of hotels which have a capacity of 10 persons or less;
    • An amenity of a residential building;
    • Interior to any fire or police stations; or,
    • Located inside any single-occupant office building.
  • Implementation by Department of Business and Professional Regulation, and state and local law enforcement.

 

2020-72, Non-Essential Elective Medical Procedures (March 20, 2020, Expires with EO 20-52 [May 8, 2020])

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-72.pdf

  • Prohibits medically unnecessary, non-urgent or non-emergency procedure or surgery which, if delayed, does not place a patient’s immediate health, safety, or wellbeing at risk, or will, if delayed, not contribute to the worsening of a serious or life-threatening medical condition. Accordingly, all health care practitioners licensed in the State of Florida, including dentists, shall immediately cease performing these elective services.
    • Examples of procedures to delay may include, but are not limited to, some endoscopy, most cataract and lens surgeries, non-urgent spine and orthopedic procedures, and cosmetic procedures.
    • Permissible procedures include, but may not be limited to, removal of a cancerous tumors, transplants, limb-threatening vascular surgeries, trauma-related procedures, and dental care related to the relief of pain and management of infection.
  • Implementation by The Agency for Health Care Administration and the Department of Health.

 

2020-80, Airport Screening and Isolation (March 23, 2020, Expires with EO 20-52 [May 8, 2020])

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-80.pdf

  • Effective March 24, 2020, all persons whose point of departure originates from outside the State of Florida in an area with substantial community spread, to include the New York Tri-State Area (Connecticut, New Jersey and New York), and entering the State of Florida through airports to isolate or quarantine for a period of 14 days from the time of entry into the State of Florida or the duration of the person’s presence in the State of Florida, whichever is shorter.
    • This Order shall not apply to persons employed by the airlines and those performing military, emergency or health response. This Order shall take effect on March 24, 2020 at 12:01 a.m.
    • All persons isolating or quarantining under this Section, shall be responsible for all costs associated with that person’s isolation or quarantine, including transportation, lodging, food, medical care and any other expenses to sustain the person during the period of isolation or quarantine.
  • Florida Department of Health to implement with assistance of local law enforcement and
  • local officials.
  • Any person who violates any isolation or quarantine directed by the Department of Health commits a misdemeanor of the second degree, which is punishable by imprisonment not to exceed 60 days, a fine not to exceed $500, or both. See 381.00315(6), Fla. Stat.

2020-81, Extends 20-12 Concerning Hurricane Michael (March 24, 2020, Expires, See Below)

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-81.pdf

  • The state of emergency declared in Executive Order 18-276, amended by Executive Order 18-277, and extended by Executive Order 18-360, 19-33, 19-98, 19-134, 19-176, 19-207, 19-261, and 20-23 will be extended for 60 days following the issuance of this Order.

2020-82, Isolation of Individuals Traveling to Florida (March 24, 2020, Expires, See Below, Generally EO 20-52 [May 8, 2020])

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-82.pdf

  • All persons who enter the State of Florida from an area with substantial community spread, to include the New York Tri-State Area (Connecticut, New Jersey and New York), to isolate or quarantine for a period of 14 days from the time of entry into the State of Florida or the duration of the person’s presence in the State of Florida, whichever is shorter.
    • Exceptions: persons employed by the airlines and those performing military, emergency or health response.
    • Effective immediately and applies retroactively to all persons who have entered Florida after being in any area with substantial community spread within the previous 14 days.
    • All persons isolating or quarantining under this Section shall be responsible for all costs associated with their isolation or quarantine, including transportation, lodging, food, medical care and any other expenses to sustain the person during the period of isolation or quarantine.
    • All covered persons to inform any individual in Florida with whom they have had direct physical contact in the past 21 days that the traveled from an area with substantial community spread.
  • Expires upon the expiration of Executive Order 20-52, including any extensions, or upon an Executive Order lifting the isolation or quarantine after advice from the State Health Officer and Surgeon General.
  • Enforcement:
    • Second-degree misdemeanor pursuant to section 252.50, Florida Statutes, and is punishable by imprisonment not to exceed 60 days, a fine not to exceed $500, or both.
    • State, county and local law enforcement authorities. Any law enforcement authority that interacts with a person in violation of this Order shall immediately report the individual, along with personal identifying and contact information, to the Florida Department of Health.
  • Every state and county attorney, sheriff, police officer, and other appropriate city and county officials upon the request to assist the Department of Health” in enforcing any isolation or quarantine, state health law and order of the Department of Health issued pursuant to this Order.

2020-83, Protective Measures for Vulnerable Populations, Gatherings of Private Citizens and Density of the Workforce (March 24, 2020, Expires with EO 20-52 [May 8, 2020])

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-83.pdf

 

  • Public Health Advisories to all persons:
    • Over 65 years of age urging them to stay home and to take such other measures as necessary to limit their risk of exposure to COVID-19
    • That have a serious underlying medical condition that places them at a high risk of severe illness from COVID-19. Consistent with CDC guidance, such conditions include, but not limited to, chronic lung disease or moderate to severe asthma; serious heart conditions; immunocompromised status, including those in cancer treatment; and severe obesity. The Surgeon General’s advisory must urge these persons to stay home and to take such other measures as necessary to limit their risk of exposure to COVID-19.
    • Against all social or recreational gatherings of 10 or more people.
    • Who can work remotely urging them to do so.
  • Any action(s) taken or document(s) issued by the State Surgeon General and State Health Officer pursuant to this Executive Order shall not constitute a rule as defined in section 120.52(16), Florida Statutes, and are specifically exempted from any and all requirements or procedures outlined in chapter 120 and section 252.46, Florida Statutes.

2020-87, Vacation Rental Closures (March 27, 2020, Expires 14 Days [April 10, 2020] [Extended by EO-103 to April 30, 2020])

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-87.pdf

  • Suspends rental of vacation rental properties, as defined in section 509.242(1)(c), Florida Statutes, to suspend vacation rental operations.
    • Prohibits new reservations or bookings.
    • Shall not accept new guests for check-in.
  • Includes as prohibited:
    • Any house, condominium, cooperative, or dwelling unit that is also a transient public lodging establishment, as defined under Section 509.013(4)(a), Florida Statutes; and
      • Which is rented for periods of less than 30 days or 1 calendar month, whichever is less; or
      • Which is advertised or held out to the public as a place regularly rented t to guests; or
      • Which is otherwise regulated by the Department of Business and Professional Regulation (“DBPR”) as a vacation rental pursuant to section 509.241, Florida Statutes.
    • Excludes:
      • Hotels, motels, inns, resorts, non-transient public lodging establishments, or time share projects; or
      • Long-term rentals; or
      • Rental stays where guests are currently staying in a vacation rental or have previously booked a stay and are schedule to check-in no later than March 28, 2020; or
      • Rentals to persons performing military, emergency, governmental, health or infrastructure response, or travelers engaged in non-vacation commercial activities.
    • Enforcement:
      • DBPR:
        • revocation of vacation rental license.
        • Report to law enforcement.
      • Second decree Misdemeanor.

2020-88, Reemployment of Essential Personnel (March 30, 2020, Expires with EO 20-52 [May 8, 2020]

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-88.pdf

  • Extends time for retirement for Florida Retirement System participants in the DROP or similar programs.
  • Applies to:
    • Law enforcement officers,
    • First responders, emergency management and public safety personnel,
    • Health and medical professionals and
    • Other critical COVID-19 response personnel as identified and determined by a state
    • Agency head.
  • Limitations.

2020-89, Public Access Restrictions: Miami-Dade, Broward, and Palm Beach [and Monroe] Counties (March 30, 2020, Expires April 15, 2020)

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-89.pdf

  • Miami-Dade County, Broward County, Palm Beach County and Monroe County shall restrict public access to businesses and facilities deemed non-essential pursuant to the guidelines established by Miami-Dade County pursuant to its March 19, 2020 Emergency Order 07-20, and as modified by subsequent amendments and orders prior to the date of this order.
    • Attached to the Executive Order is the Miami-Dade Order 07-20 with the listing, and three amendments.
    • At their discretion, such county administrators may determine additional “essential” retail and commercial establishments–or other institutions providing essential services-that shall not be subject to complete closure.
  • No county or local authority may restrict or prohibit any “essential” service from performing a function allowed under this order.
  • Essential service establishments not subject to closure shall continue to determine, adopt and maintain reasonable measures to ensure sanitation and cleanliness of premises and items that may come into contact with employees and the public, and such establishments shall take reasonable action to ensure that people adhere to the CDC’s social distancing guidelines.
  • The above-named counties shall not institute curfews pertaining to transit to or from the essential service establishments.

2020-90, Broward and Palm Beach Closures (March 31, 2020, Expires with EO 20-52 [May 8, 2020])

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-90.pdf

  • The Broward County Administrator and the Palm Beach County Administrator shall have the ability to enforce, relax, modify or remove these beach closures, as warranted, pursuant to the directives and parameters set forth in Executive Order 20-68, Section 2.

2020-91, Essential Services and Activities During COVID-19 Emergency (April 1, 2020, Effective April 3, 2020, Expires April 30, 2020)

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-91-compressed.pdf

  • Senior citizens and individuals with a significant underlying medical condition shall stay at home and take all measures to limit the risk of exposure to COVID-19.
  • 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.
    • Essential services means and encompasses the list detailed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, v. 2 (March 28, 2020) (attached) and any subsequent lists published.
      • Essential services also include those businesses and activities designated by Executive Order 20-89 and its attachment which consists of a list propounded by Miami-Dade County in multiple orders.
      • Other essential services may be added under this Order with the approval of the State Coordinating Officer, in close coordination with the State Health Officer. The State Coordinating Officer shall maintain an online list of essential services, as specified in this Order along with any approved additions. The online list shall be available on the Division of Emergency Management’s website at www.floridadisaster.org and the Florida Department of Health’s website at floridahealth.gov.
      • All businesses or organizations are encouraged to provide delivery, carry-out or curbside service outside of the business or organization, of orders placed online or via telephone, to the greatest extent practicable.
    • Essential activities means and encompasses the following:
      • Attending religious services conducted in churches, synagogues and houses of worship; and
      • Participating in recreational activities ( consistent with social distancing guidelines) such as walking, biking, hiking, fishing, hunting, running, or swimming; and
      • Taking care of pets; and
      • Caring for or otherwise assisting a loved one or friend.
      • Other essential activities may be added to this list with the approval of the State Coordinating Officer, in close coordination with the State Health Officer. The State Coordinating Officer shall maintain an online list of essential activities, as specified in this Order along with any approved additions.
      • A social gathering in a public space is not an essential activity.
    • Local jurisdictions shall ensure that groups of people greater than ten are not permitted to congregate in any public space.
    • This Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19 but only to the extent that such action or order allows essential services or essential activities prohibited by this Executive Order. [Corrected by 20-91 to read: This Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.]

EO 20-92, Supersedes Correction to EO-90 (April 1, 2020)

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-92.pdf

  • Section 4 of Executive Order 20-91 should read, as follows: This Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.

EO 20-93, Reemployment Assistance Program (April 2, 2020, Expires with EO 20-52 [May 8, 2020])

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-93.pdf

  • All executive agency heads, in consultation with the Department of Management Services (“OMS”), to identify and deploy executive agency personnel to assist DEO with their reemployment assistance efforts, including call center operations and other citizen services.
  • DEO shall immediately procure additional capacity, software, technology and/or other resources as needed to ensure the state’s reemployment assistance call center, website and staff can accommodate the increasing volume of applications and queries.

EO 20-94, Mortgage Foreclosure and Eviction Relief (April 2, 2020, Expires in 45 days as Extended [May 17, 2020]

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-94.pdf

  • Suspend and toll any statute providing for a mortgage foreclosure cause of action under Florida law.
  • Suspend and toll any statute providing for an eviction cause of action under Florida law solely as it relates to non-payment of rent by residential tenants due to the COVID-19 emergency.
  • Nothing in this Executive Order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments.

 EO 20-95, Documentary Stamps for SBA Loans (April 6, 2020, Expires with EO 20-52 [May 8, 2020])

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-95.pdf

  • Effective April 3, 2020, the assessment and collection of taxation imposed under Chapter 201, Florida Statutes, is suspended for all notes and other written obligations made pursuant to Title I of the CARES Act.
  • The Department of Revenue shall issue an emergency order establishing that taxation imposed under Chapter 201, Florida Statutes, for notes and other written obligations made pursuant to Title I of the CARES Act is not owed as a result of the above suspension.

EO 20-97, Municipal Elections in Pasco County (April 8, 2020)

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-97.pdf

  • An election emergency exists in Pasco County.
  • Municipal elections scheduled on April 14, 2020, for the cities of San Antonio, Dade City, and Zephyrhills in Pasco County, are hereby delayed.
  • I will issue a subsequent Executive Order rescheduling the elections as soon as is practicable.

EO-103, Extending Executive Order 20-87 on Vacation Rental Closures (April 10, 2020, Expires April 30, 2020, Unless Extended)

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-103.pdf

  • Executive Order 20-87 extended until April 30, 2020, unless extended.

DEPARTMENT OF BUSINESS AND PROFESSIONAL RESPONSIBIITY

DBPR EO 2020-004, Community Association Emergency Powers (March 27, 2020, Expires with EO 20-52 [May 8, 2020]

  •  The limitation within section 718.1265(1), Florida Statutes, of the emergency powers of a condominium association during a declared state of emergency being conditioned upon a “response to damage caused by an event” is hereby suspended. The emergency powers available to condominium associations’ boards of administration, as described in section 718.1265(l)(a)-(j), Florida Statutes, are hereby available to help protect the health, safety, and welfare of the association, unit owners, unit owners’ family members, tenants, guests, agents, or invitees.
  • The limitation within section 719.128(1), of the emergency powers of a cooperative association during a declared state of emergency being conditioned upon a “response to damage caused by an event” is hereby suspended. The emergency powers available to cooperative associations’ boards of administration, as described in section 719.128(l)(a)-(j), Florida Statutes, are hereby available to help protect the health, safety, and welfare of the association, unit owners, unit owners’ family members, tenants, guests, agents, or invitees.
  • The limitation within section 720.316(1), of the emergency powers of a board of directors during a declared state of emergency being conditioned upon a “response to damage caused by an event” is hereby suspended. The emergency powers available to boards of directors, as described in section 720.316(l)(a)-(h), Florida Statutes, are hereby available to help protect the health, safety, and welfare of the association, parcel owners, parcel owners’ family members, tenants, guests, agents, or invitees.
  • The exercise of any association’s emergency powers remains unless specifically prohibited by the provisions of the association’s governing documents. See §§ 718.1265(2), 719.128(2), & 720.316(2), Fla. Stat. (2019).
  • The provisions identifying emergency management officials in sections 718.1265(1)(g) and 719.128(g), Florida Statutes, is clarified to include public health officials.
  • The timing requirements for condominium associations’ financial reports in section 718.111(13), Florida Statutes are hereby suspended and tolled.
  • The timing requirements for cooperative associations’ financial reports in section 719.104(4), Florida Statutes, are hereby suspended and tolled.
  • The timing requirements for submitting copies of a timeshare plans:
    • Audited financial statements to the Department in section 721.13(3)(e), Florida Statutes, are hereby suspended and tolled.
    • Statement of receipts and disbursements regarding an ad valorem tax escrow account in sections 72 l.13(3)(i) 1. and 192.03 7(6)(e), Florida Statutes, are hereby suspended and tolled.
  • The assessments of harbor pilots made pursuant to rule 61Gl4-19.001, Florida Administrative Code, are waived for March and April, 2020, and the deadline for submission of the earnings statement and the appropriate material from the federal income tax return is extended from April 15, 2020 until July 15, 2020.
  • Any restriction in chapter 474, Florida Statutes, or chapter 61 G-18, Florida Administrative Code, which would prohibit active Florida licensed veterinarians in good standing from practicing telemedicine on their patients is suspended provided the attending veterinarian is comfortable assessing the patient remotely and feels able to exercise good clinical judgment to assist the patient.

 

FLORIDA SUPREME COURT

AOSC20-23, Comprehensive COVID-19 Emergency Measures (April 6, 2020 Expires May 29, 2020, Unless Extended)

https://www.floridasupremecourt.org/content/download/633282/7195631/AOSC20-23.pdf

  • Technology.
    • All rules of procedure, court orders, and opinions applicable to court proceedings that limit or prohibit the use of communication equipment for conducting proceedings by remote electronic means shall remain suspended
    • The chief judge of each judicial circuit remains authorized to establish temporary procedures for the use, to the maximum extent feasible, of communication equipment for the conducting of proceedings by remote electronic means, as are necessary in their respective circuits due to the public health emergency.
  • Oaths.
    • Notaries and other persons qualified to administer an oath in the State of Florida may swear a witness remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the witness.
    • If a witness is not located within the State of Florida, a witness may consent to being put on oath via audio-video communication technology by a person qualified to administer an oath in the State of Florida.
    • All  rules of procedure, court orders, and opinions applicable to remote testimony, depositions, and other legal testimony, including the attestation of family law forms, that can be read to limit or prohibit the use of audio-video communications equipment to administer oaths remotely or to witness the attestation of family law forms, shall remain suspended.
    • Notaries and other persons qualified to administer an oath in the State of Florida may swear in new attorneys to The Florida Bar remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the new attorney.
    • For purposes of the provisions regarding the administering of oaths, the term “positively identify” means that the notary or other qualified person can both see and hear the witness or new attorney via audio-video.
  • Jury Proceedings and Jury Trials. All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials shall remain suspended.
  • Essential and Critical Trial Court Proceedings.
    • All circuit and county courts shall continue to perform essential court proceedings, including but not limited to: first appearance; criminal arraignments as necessary; hearings on motions to set or modify monetary bail for individuals who are in custody; juvenile dependency shelter hearings; juvenile delinquency detention hearings; hearings on petitions for injunctions relating to safety of an individual; hearings on petitions for risk protection orders; hearings on petitions for the appointment of an emergency temporary guardian; hearings to determine whether an individual should be involuntarily committed under the Baker Act or the Marchman Act; and hearings on petitions for extraordinary writs as necessary to protect constitutional rights.
    • In addition to essential proceedings, all circuit and county courts shall perform, as necessary and applicable, critical proceedings related to the state of emergency or the public health emergency, including but not limited to proceedings related to: violation of quarantine or isolation; violation of orders to limit travel; violation of orders to close public or private buildings; and, enforcement of curfew orders.
    • It is recognized that certain essential or critical trial court proceedings in some jurisdictions may in extraordinary, limited circumstances be unavoidably delayed due to the exigencies of the ongoing emergency. When this occurs, chief judges are required to take all steps feasible to minimize the delay.
    • In conducting essential proceedings and proceedings critical to the state of emergency or the public health emergency, circuit and county courts shall employ all methods feasible to minimize risk of COVID-19 exposure to individuals involved in the proceedings or the general public.
  • Non-essential and Non-critical Court Proceedings. Each chief judge shall continue to review cases and court events and the communications technology resources available to the circuit, each county, and each judge. The chief judge shall issue directives to the judges of the respective circuit and county courts to reschedule, postpone, or cancel all non-essential and non-critical court proceedings and events unless the chief judge determines that such other specific proceedings or events can be effectively conducted remotely using telephonic or other electronic means available in the subject jurisdiction without the necessity of in-person court appearances.
  • Limits on In-person Hearings. No proceedings or other court events other than essential proceedings and proceedings critical to the state of emergency or the public health emergency shall be conducted through in-person hearings.
  • Writs of Possession. The requirement in Florida Rule of Civil Procedure 1.580(a) for the clerk to issue a writ of possession “forthwith” remains suspended.

 

 

/WP/RPPTL/Exec Orders 200414.docx

[1] This information is provided for general information purposes only, provided without obligation or fee, and is not legal advice, representation, counsel or opinion. These Orders are subject to judicial review. ©2020 by Gelfand & Arpe, P.A.

[2] Florida Bar Board Certified: Real Estate Law; Condominium and Planned Development Law.