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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.


Health Care Providers Take Note: Federal Budget Brings Medicaid and Staffing Rule Changes

The 2025 federal budget introduces significant changes for health care providers and Medicaid recipients, including new cost-sharing requirements, work eligibility mandates, rural health grants, and a pause on minimum staffing rules.

Key Healthcare Provisions in Ohio’s 2026–2027 Budget

Ohio’s newly enacted biennial budget (HB 96) for FY 2026–2027 brings sweeping changes for healthcare providers across the state. The law includes new Medicaid eligibility requirements, reporting mandates, funding directives, and social policy provisions. Several vetoes by Governor DeWine also affect healthcare-related initiatives.

Providers Beware: Court Sides with Insurers in No Surprises Act Arbitration

On June 12, 2025, the Fifth Circuit ruled in favor of Aetna and Kaiser in two lawsuits brought by air ambulance providers challenging how insurers calculated payments under the No Surprises Act’s Independent Dispute Resolution process. The court held that unless there is clear evidence of fraud or serious misconduct, IDR decisions will stand, reinforcing the finality of the arbitration process.

Introducing HB 281: Enforcement of Federal Immigration Laws in Ohio Hospitals

House Bill 281, introduced on May 20, 2025, would require Ohio hospitals to allow law enforcement, including federal immigration agents, to enter facilities and enforce immigration laws. The bill mandates that hospitals comply with information requests and adopt formal policies, raising significant concerns about patient privacy and access to care for immigrant communities.

Parental Consent May Soon Be Required for Minor Mental Health Services in Ohio

HB 172 proposes repealing a provision in Ohio law that allows minors age 14 and older to consent to limited outpatient mental health services without parental involvement. The bill would require parental consent for all such care and remove related language from other sections of the Ohio Revised Code.