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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.


Will Student-Athlete Collectives Survive NIL Changes?

By July 2025 the landscape of student-athlete funding will look nothing like the current landscape, so preparing now is a must. If you are a student-athlete, the parent of a student-athlete, a university/college, or “booster”, it behooves you to understand these evolving issues.

Ohio's Recent Rule Changes to Administration of Immunizations, Outpatient Pharmacy Delivery, and Mobile Response Services

The Ohio Board of Pharmacy (“BOP”) and Ohio Department of Mental Health and Addiction Services (“OMHAS”) recently posted notices of Ohio Administrative Code rule changes related to the administration of immunizations (BOP), outpatient pharmacy delivery services (BOP), and mobile response and stabilization services (OMHAS).

HOA Construction Project Do’s and Don’ts

Local regulators can approve new construction, but if a resident contacts their homeowners association there may be trouble. Fences, yard alterations, and backyard decks do not have to be such a hassle and a point of conflict. Find out general Do’s and Don’ts to help HOA residents avoid issues in this article by BMD Partner Scott Heasley.

New Ohio Recovery Housing Rules Take Effect January 1, 2025

Ohio’s new recovery housing rules, effective January 1, 2025, require certified community behavioral health providers to refer clients only to accredited recovery housing residences listed on the statewide registry.

SCOTUS to Weigh In on Medicaid Beneficiaries’ Right to Choose their Provider

The U.S. Supreme Court will hear arguments this spring on whether Medicaid beneficiaries have an enforceable right to choose their healthcare providers without state interference, as outlined in Section 1902(a)(23) of the Social Security Act. This case stems from a South Carolina petition challenging a Fourth Circuit ruling that blocked the state from terminating Planned Parenthood’s Medicaid provider agreement.