Florida Governor Ron Desantis issued Executive Order 20-112 on April 29, 2020. The Governor’s Office also released FAQs pertaining to the Executive Order.
The Executive Order eases restrictions on senior citizens and individuals with a significant underlying medical condition (such as chronic lung disease, moderate-to-severe asthma, serious heart conditions, immunocompromised status, cancer, diabetes, severe obesity, renal failure and liver disease), who were previously ordered to stay home without exceptions. The new Executive Order, while strongly encouraging these individuals to stay at home and take all measures to limit the risk of exposure to COVID-19, permits them to leave the home to obtain or provide “essential” or “open” services or activities, including going to work if the employer is permitted to be open.
Senior citizens and individuals with a significant medical condition who are receiving “paid time off” under the Families First Coronavirus Response Act will no longer be eligible for this benefit as of May 4, 2020 by virtue of being under a “quarantine or isolation order.” However, these individuals will continue to qualify for “paid time off” under the FFCRA if they meet one of the other eligibility criteria, such as when they have been instructed by a health care provider to self-quarantine or if they are experiencing COVID-19 symptoms and seeking a medical diagnosis, among other reasons.
Employers who were permitted to remain open under previous Executive Orders by virtue of providing essential services are largely unaffected by the Phase 1 Executive Order. Those employers may continue to operate as they did through the month of April, and should continue to monitor and follow guidance issued by the CDC.
Employers who were not permitted to remain open should continue to follow the restrictions set forth in previous Executive Orders. However, the following businesses that were previously ordered to be closed may reopen in a limited capacity beginning on May 4, 2020:
- Restaurants and food establishments other than bars, pubs, and nightclubs that derive more than 50% of gross revenue from the sale of alcoholic beverages are permitted to reopen, so long as they adopt appropriate social distancing measures and limit their indoor occupancy to no more than 25 percent of their building occupancy. In addition, outdoor seating is permissible with appropriate social distancing. Appropriate social distancing requires maintaining a minimum of 6 feet between parties, only seating parties of 10 or fewer people and keeping bar counters closed to seating.
- In-store retail sales establishments may open storefronts if they operate at no more than 25 percent of their building occupancy and abide by the safety guidelines issued by the CDC and OSHA.
- Museums and libraries may open at no more than 25 percent of their building occupancy, provided, however, that (a) local public museums and local public libraries may operate only if permitted by local government, and (b) any components of museums or libraries that have interactive functions or exhibits, including child play areas, remain closed.
- Elective medical procedures performed at a hospital ambulatory surgical center, office surgery center, dental office, orthodontic office, endodontic office or other health care practitioners’ office in the State of Florida may resume if certain criteria outlined in the Executive Order are met.
These businesses are not yet permitted to re-open in Palm Beach, Broward, and Miami-Dade Counties. Bars, gyms, and fitness centers will remain closed state-wide, and vacation rentals will continue to be prohibited. Any previously-closed business that is not specifically referenced in the Executive Order’s re-opening provisions should continue to follow previous restrictions.
The Executive Order goes into effect at 12:01 a.m. on May 4, 2020, and does not have an expiration date.
If you have any questions regarding Executive Order 20-122 or workplace issues pertaining to the COVID-19 pandemic, please contact Keith L. Hammond, Esquire, at (407) 730-9909 or keith@hammondlawcenter.com.