Florida Governor Moves Florida into Phase Two of Recovery

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Disclaimer: This information is being provided for informational purposes only and does not constitute legal advice. NCFAA members are encouraged to contact their legal counsel regarding any landlord/tenant law matters. The industry is in uncharted territory during these times and legal interpretations surrounding these topic may vary. 

Governor Issues Executive Order Moving Florida into Phase Two of Recovery

Governor Ron DeSantis has issued Executive Order 20-139, which moves Florida into what he is calling “Phase 2: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery.” The order goes into effect on Friday, June 5, 2020. The governor did not elaborate on the specifics of Phase 3 of his reopening plan. However, the governor stressed that he plans to use CDC guidelines as a baseline and will carefully evaluate what makes sense for the state based on state and local COVID-19 data. 

It is important to note that Executive Order 20-112 (Phase 1: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery) as modified by Executive Orders 20-120, 20-122, 20-123, and 20-131 has been extended into Phase 2. This means that all persons in Florida should continue to limit their personal interactions outside their home, except for what has been expressly allowed by the executive orders. 

Phase 2 (Executive Order 20-139) outlines the following:

  • All persons in Florida are encouraged to follow appropriate social distancing and safety protocols issued by the CDC and OSHA
  • Senior citizens and individuals with significant underlying medical conditions are strongly encouraged to avoid crowds and take measures to limit the risk of exposure to COVID-19. 
  • All persons in Florida are encouraged to avoid congregating in groups larger than 50 persons. 
  • All persons working in long-term care facilities should be tested on a routine basis. 
  • Gyms and fitness centers are allowed to operate at full capacity, but should maintain appropriate social distancing and sanitation protocols. 
  • Retail may operate at full capacity with appropriate social distancing and frequent sanitization.
  • Executive Order 20-69, which allows local governments to suspend the requirement for a quorum and to perform functions virtually, is extended until June 30, 2020. 
  • The re-opening provisions of this order will be considered for Miami-Dade, Broward, and Palm Beach counties after each county seeks approval with a written request from the county mayor or administrator. 

Businesses allowed to reopen under Phase 2:

  • Restaurants may allow bar-top seating with appropriate social distancing. Bars may open and sell alcoholic beverages at 50% capacity inside and full capacity outside so long as it is seated service. Nightclubs are not permitted to reopen. 
  • Entertainment businesses such as movie theaters may operate at 50% capacity as long as they follow social distancing and appropriate sanitation. 

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