If you have been monitoring the COVID-19 crisis even modestly, you will no doubt have encountered the term “Stay at home order.”
On April 1, 2020, Florida Governor Ron Desantis officially issued an order for the State of Florida. Executive Order 20-91 effectively adds Florida into the mix of now more than 30 states that have enacted similar orders throughout the United States in response to the COVID-19 crisis. It became effective on April 3, 2020 at 12:01 a.m. and expires on April 30, 2020.
As a Florida resident, what exactly does this order do and what kind of impact will it have on every day Floridians?
Seniors and Immunocompromised Should Stay Home
Under Section 1(A), people within these categories “shall stay at home and take all measures to limit the risk of exposure to COVID-19.” If you want to get technical, a senior citizen is someone 60 years or older under Fla. Stat. Section 501.2077. This is clearly advisory, and it is unwise to evade public policy via technicality i.e., ignoring the warnings if you are 59 years old. As a matter of course, anyone of advanced age and/or impaired immunity should responsibly stay home. Between Amazon and companies like Instacart, there are a variety of ways to obtain your needs without the needless risk of exposure.
Essential Services are Exempted
Section 1(B) of the order expressly limits movement and personal interactions outside of a Florida resident’s home to those “necessary to obtain or provide essential services or conduct essential activities.” What exactly constitutes essential? Let’s get the obvious out of the way—workers involved in:
- Medical and Healthcare
- Law Enforcement
- Food and Agriculture
- Telecommunications
- Water and Wastewater
- I.T. Systems
The developed world cannot function without these industries, so anyone employed by such or indirectly involved in any job that is critical to support these industries will be exempted from the order.
What about other jobs? Florida’s order follows closely from a list detailed by The U.S. Department of Homeland Security on March 28. This list, it turns out, is quite expansive. You should see if your job made the cut. If you do not see it there, it is important to know that, although large, the list is not exclusive. In fact, the order expresses that other essential services may be added in the near future.
Essential Activities are Exempted as well
According to the order, these include:
- Attending religious services conducted in churches, synagogues and houses of worship
- Recreational activities (consistent with social distancing guidelines) such as walking, biking, hiking, fishing, hunting, running, or swimming
- Taking care of pets
- Caring for or otherwise assisting a loved one or friend
As with the exemption for essential services, this exemption is also not exclusive and the order leaves room for more to be added. However, it does make clear that social gatherings in a public space are NOT essential and that local authorities will make sure that more than 10 people do not congregate in public spaces.
This Order only Sets the Floor
Governor Desantis clarified this week that this state-wide order does not trump local, county-specific orders. Thus, this recent order sets the floor, local orders set the ceiling. This means that the rules in your specific county may in fact be more strict and cover more activities than Executive Order 20-91. It is important with your county’s official website to ensure that you are not violating any specific local rules, if any.
It is unclear what enforcement will look like during this period, but civil and even criminal penalties are expected for violations. Be cautious and remain vigilant. Importantly, as the order states, it is always “safer at home.”
