DBPR Emergency Order 2020-04 (suspending the 'response to damage caused by an event' limitation on condominium, cooperative and homeowners' association emergency powers; tolling association and timeshare financial-report deadlines; waiving harbor-pilot assessments; suspending restrictions on veterinary telemedicine)

The record

Jurisdiction

Florida Department of Business and Professional Regulation (State agency) · Florida

Level

Sector regulator

Authority

Executive Order 20-52 (Mar. 9, 2020) (Ex. FL-002), which 'authorized each State agency to suspend the provisions of any regulatory statute of that agency, if strict compliance with that statute would in any way prevent, hinder, or delay necessary action in coping with this emergency' (recited); Fla. Stat. § 252.36(5)(a)

Issued

2020-03-27 Mar. 27, 2020

Effective

2020-03-27 (filed with the agency clerk 3/27/2020, File 2020-02425) (read as 2020-03-27)

End

Sections 1-9 ceased to be operational June 1, 2020 (DBPR EO 2020-06, Ex. 092); by its terms expires with EO 20-52 and extensions (read as 2020-06-01)

In force

Mar. 27, 2020 to June 1, 2020

Quarters

2020 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Business closureHealth care ordersOther

Addressees

• condominium, cooperative and homeowners' associations and their unit owners, tenants and guests
• timeshare plan managing entities
• harbor pilots
• licensed veterinarians

Functions reached

• PM property management (association boards empowered to close pools, gyms, clubhouses and common areas and to restrict access)
• LG timeshare and condominium-hotel operations (common-area closures; filing deadlines tolled)
• AM amenities
• PS veterinary services (telemedicine authorized)
• OP administration

Collection

State agriculture, parks and wildlife agencies AGY-ST-AGRICULTURE-PARKS-WILDLIFE

Operative words

1. The limitation within section 718.1265(1), Florida Statutes, of the emergency powers of a condominium association during a declared state of emergency being conditioned upon a 'response to damage caused by an event' is hereby suspended. The emergency powers available to condominium associations' boards of administration, as described in section 718.1265(1)(a)-(j), Florida Statutes, are hereby available to help protect the health, safety, and welfare of the association, unit owners, unit owners' family members, tenants, guests, agents, or invitees.... 8. The timing requirements for submitting copies of a timeshare plans' audited financial statements to the Department in section 721.13(3)(e), Florida Statutes, are hereby suspended and tolled.... 11. Any restriction in chapter 474, Florida Statutes, or chapter 61G18, Florida Administrative Code, which would prohibit active Florida licensed veterinarians in good standing from practicing telemedicine on their patients is suspended... 12. This Emergency Order shall expire at the expiration of Executive Order 20-52, including any extension.

Enforcement

Notes