On September 25th, 2020, Governor Ron DeSantis issued Executive Order 20-244. The order moves all Florida counties (including Miami-Dade, Broward, and Palm Beach) into Phase 3 of Florida’s reopening plan and eliminates any restrictions on an individual’s right to work or operate a business.
Restaurant Operations: The order expressly prohibits local governments from limiting any establishment with a food service license to less than 50% of its indoor capacity. Any local order seeking to limit indoor capacity to less than 100% must meet the following two requirements on its face: (i) it must quantify its economic impact on the restaurants it affects; and (ii) it must explain why the limitation is necessary for public health.
Suspension Of Individual Penalties: Under the order, individuals can no longer receive any COVID-19 related fines or penalties. The suspension of COVID-19 related penalties appears to be limited to individuals, so businesses should continue to monitor local orders to ensure they are complying with applicable requirements for the time being.
What Does This Mean For My Business? Employers can still maintain policies designed to protect the health and safety of its employees and patrons. Indeed, OSHA requirements related to preventing occupational exposure to COVID-19 still apply, so employers should continue to evaluate the best methods for meeting these requirements and other safety recommendations from institutions like the CDC. Because the suspension of fines and penalties is limited to individuals, employers should ensure that their employees and patrons comply with local ordinances related to the use of face coverings, posting requirements, and other non-occupancy related requirements. Nothing in this order changes employer expectations under the Families First Coronavirus Response Act (FFCRA).
For more information, contact a member of Gunster’s Labor and Employment practice group.
