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

Client Alert
April 3, 2020

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.

FloridaGovernor Ron DeSantisExecutive OrderStay at Home OrdercoronavirusCOVID-19
Client Alert

Vaccinating Against Design and Construction Risk: A COGENCE Alliance Momentum Recap

March 18, 2021Last month, COGENCE Alliance hosted a four-day conference, attended by owners, affiliates, construction managers, trades, engineers, and architects. David Scott presented and other BMD team members hosted breakout discussions on how to “vaccinate against design and construction risk.” Groups discussed new and developing risks, how to mitigate those risks, and qualities of those who best adjusted to the new and developing risks.Client Alert

Healthcare Provisions of the American Rescue Plan

March 17, 2021On March 11, 2021, President Joe Biden signed into law H.R. 1319, the American Rescue Plan Act of 2021 (the “ARP”). In addition to the widely reported additional stimulus paychecks, the ARP includes many provisions related to the healthcare industry and marketplace that seek to improve access and affordability. The major provisions of the ARP that affect the healthcare sector are summarized below:Client Alert

2020 EEOC Statistics – More Money and Fewer Charges

March 16, 2021The U.S. Equal Employment Opportunity Commission (EEOC) released its comprehensive report on the workplace discrimination it received in Fiscal Year 2020. The Enforcement and Litigation Statistics provide detailed breakdowns of charges of employment discrimination and resolutions under a variety of statutes. Here are the highlights:Client Alert

A New Formation Solution – is the SSLC Right for Your Business?

March 4, 2021In early January 2021, Ohio adopted Senate Bill 276 which established a Revised Limited Liability Company Act (“ORLLCA”) as Ohio Revised Code Chapter 1706, which effectively replaces the current Ohio Limited Liability Company Act (Ohio Revised Code Chapter 1706). The ORLLCA will become effective on January 1, 2022. One of the principal changes within the ORLLCA is the ability to establish “series LLCs”. Ohio becomes the 15th state to adopt a “series LLC” (“SLLC”). The below FAQs will help you better understand the mechanics and nuances of a series LLC.Client Alert

Surprise! A Cautionary Tale for Out-Of-Network Billing: The No Surprises Act and the Impact on Healthcare Providers

February 25, 2021SURPRISE! Congress passed The No Surprises Act at the end of 2020. Providers, particularly those billing as out-of-network providers, should start thinking about strategies to comply with this new law, set to take effect on January 1, 2022. In its most basic sense, the new law prohibits providers from billing patients for more than the in-network cost-sharing amount in most situations where surprise bills happen. It specifically applies to non-government payers and the amounts will be set through a process described in the new law. In particular, the established in-network cost-sharing amount must be billed for the following services:
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