An update to this post was published April 15.
Yesterday afternoon, on April 1, 2020, to continue efforts to slow the spread of COVID-19 and to make people in Florida safer, Florida’s Governor issued a Safer-at-Home Order (Executive Order 20-91).
First, the Safer-at-Home Order mandates that senior citizens and individuals with a significant underlying medical condition (such as chronic lung disease, moderate-to-severe asthma, serious heart conditions, immunocompromised status, cancer, diabetes, severe obesity, renal failure and liver disease) stay at home and take all measures to limit the risk of exposure to COVID-19.
Next, the Safer-at-Home Order requires that all persons in Florida limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities.
I. Essential Services
For purposes of the Order, “Essential Services” means:
- those services listed in the U.S. Department of Homeland Security’s Guidance on the Essential Critical Infrastructure Workforce, v. 2 (March 28, 2020) (“DHS Guidance”) and any subsequent lists published; and
- those businesses and activities designated by the Governor’s earlier Executive Order 20-89 and its attachment which consists of a list propounded by Miami-Dade County in multiple orders (“Miami-Dade Orders”).
Note that the Safer-at-Home Order also specifically encourages individuals to work from home and for all businesses or organizations to provide delivery, carry-out, or curbside service outside of the business or organization, of orders placed online or via telephone, to the greatest extent practicable.
The DHS Guidance breaks down essential workers into the following industries:
- Healthcare/Public Health
- Law Enforcement, Public Safety, and other First Responders
- Food and Agriculture
- Water and Wastewater
- Transportation and Logistics
- Public Works and Infrastructure Support Services
- Communications and Information Technology
- Other Community- or Government-Based Operations and Essential Functions
- Critical Manufacturing
- Hazardous Materials
- Financial Services
- Defense Industrial Base
- Commercial Facilities
- Residential/Shelter Facilities and Services
- Hygiene Products and Services
Included in the DHS Guidance’s extensive list of essential services are restaurant carry-out and quick-serve food operations; residential and commercial real estate services, including settlement services; banks; assisted living facilities and nursing homes; property management; certain contractors and builders, those responsible for the leasing of residential properties; staff at government offices who perform title search, notary, and recording services in support of mortgage and real estate services and transactions; educators supporting public and private K-12 schools, colleges, and universities for purposes of facilitating distance learning or performing other essential functions; and many others.
Miami-Dade County Orders
The Governor’s Executive Order 20-89, issued on March 30, 2020, designated essential services pursuant to the guidelines established by several Miami-Dade County Emergency Orders.
Such list of essential services includes, but is not limited to, grocery and pet supply stores; car dealerships and auto-repair; businesses supplying office products needed for people to work from home; taxis and other private transportation providers; child care; home-based care; senior living facilities; open construction sites (irrespective of the type of building); and hotels, motels, and other commercial lodging establishments; factories and manufacturing facilities; office space and administrative support necessary to perform listed essential services; and any business that is interacting with customers solely through electronic or telephonic means and delivering products via mailing, shipping, or delivery services.
We encourage you to review the complete list of essential services identified in the DHS Guidance and Miami-Dade County Orders as they are exhaustive and cumulative.
II. Essential Activities
“Essential Activities” are currently defined as the following, although this list may be amended:
- Attending religious services conducted in churches, synagogues and houses of worship.
- Participating in 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.
However, the Safer-at-Home Order clarified that a social gathering in a public space is not an essential activity and that groups of people greater than ten are not permitted to congregate in any public space.
The Safer-at-Home Order will be effective from 12:01 am on April 3, 2020, through April 30, 2020, unless extended by subsequent order.
Not affected by the Safer-at-Home Order, Williams Parker remains dedicated to serving its clients and continues to advise and represent clients with respect to their legal matters. Our firm has launched a multidisciplinary task force of lawyers across the firm to advise on issues arising from COVID-19. This team is closely monitoring legal developments and guidance from federal, state, and local government and public health officials.
Special thanks to attorney Nicole F. Christie for her assistance with this blog post.