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Florida’s “Stay-at-Home” Order and What it Means for Businesses

Client Alert

On April 1, 2020, in response to the State’s ongoing efforts to fight the spread of COVID-19, Governor Ron DeSantis issued Executive Order 20-91, which is a State-wide “Stay-at-Home” Order. The Order goes into effect Friday, April 3, 2020 at 12:01 a.m., and expires on April 30, 2020, unless extended by subsequent order (the full text of the Order is available here). 

What does the Stay-at-Home Order actually say?

The Stay-at-Home Order provides, in relevant part, that:

  • Senior citizens and individuals with significant underlying medical conditions shall stay at home, and take all measures necessary to limit their exposure to COVID-19; and
  • 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.

What are considered Essential Services

As of now, the Order defines "essential services" to include:

  • The services detailed in the Guidance on the Essential Critical Infrastructure Workforce, v. 2 (March 28, 2020), issued by the U.S. Department of Homeland Security (full text of DHS’s guidance available here); and
  • The services designated as “essential” by Executive Order 20-89, which incorporates a detailed list promulgated by the Miami-Dade County Emergency Order 07-20, as amended (full text of Executive Order 20-89 available here).

The Governor has directed the State Coordinating Officer (“SCO”) to publish an exhaustive list of all qualifying “essential services” that will be available on the Division of Emergency Management’s website at www.floridadisaster.org and the Florida Department of Health’s website at www.floridahealth.gov

As of April 2, 2020, the SCO’s list has not been published.However, generally speaking, the categories of private-sector industries that are deemed “essential” under EO 20-91 include, but are not limited to: (i) Heath Care; (ii) Transportation and Logistics; (iii) Energy; (iv) Food and Agriculture; (v) Communications and Information Technology; (vii) Manufacturing; and (viii) Commercial Facilities.

What if it is unclear if my business is providing an “essential service”?

The guidance and regulations are continuing to be updated daily, and our team at BMD is closely monitoring this ever-evolving situation. Therefore, if you are not sure whether your business is considered “essential,” or if you have any other questions regarding the Stay-at-Home Order or any other COVID-19 related questions, please contact Matt Jackson, Josh La Bouef or Cody Westmoreland in our Jacksonville office at 904.366.1500, as we are standing by ready to help you and your business navigate the challenges we are all facing.


Chemical Dependency Professionals Board Rule Changes: Part 2

New rule changes for Certification of Chemical Dependency Counselor Assistants (CDCA)

Board of Pharmacy Rule Changes

Board of Pharmacy made changes to rules effective on March 4, 2024

Counselor, Social Workers, and Marriage and Family Therapist (CSWMFT) Board Rule Changes

The Counselor, Social Workers, and Marriage and Family Therapist (CSWMFT) Board has proposed changes to the Ohio Administrative Code rules discussed below. The rules are scheduled for a public hearing on April 23, 2024, and public comments are due by this date. Please reach out to BMD Member Daphne Kackloudis for help preparing comments on these rules or for additional information.

Latest Batch of Ohio Chemical Dependency Professionals Board Rules: What Providers Should Know

The Ohio Chemical Dependency Professionals Board recently released several new rules and proposed amendments to existing rules over the past few months. A hearing for the new rules was held on February 16, 2024, but the Board has not yet finalized them.

Now in Effect: DOL Final Rule on Classification of Independent Contractors

Effective March 11, 2024, the U.S. Department of Labor (DOL) has adopted a new standard for the classification of employees versus independent contractors — a much anticipated update since the DOL issued its Final Rule on January 9, 2024, as previously discussed by BMD.  In brief, the Fair Labor Standards Act (FLSA) creates significant protections for workers related to minimum wage, overtime pay, and record-keeping requirements. That said, such protection only exists for employees. This can incentivize entities to classify workers as independent contractors; however, misclassification is risky and can be costly.