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Ex. DUT-FL-003 Standing duty Primary source read

Statute: Fla. Stat. § 381.0012 (2020)

Enforcement authority

Florida Legislature (codified statute); Department of Health · Florida (State)

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The COVID Project

The record

Jurisdiction
Florida
Level
State
Authority
Fla. Const. art. III; Fla. Stat. ch. 381
Issued
2020-07-01 July 1, 2020
Effective
In force throughout 2020 Q2 through 2021 Q3 (read as 2020-07-01)
End
standing (read as 2021-09-30)
In force
Standing since July 1, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
Addressees
  • persons generally (injunction and compulsion); state and county attorneys, sheriffs, police officers and city and county officials (duty to assist)
Character
statutory duty
Collection
Standing duties: Florida DUT-FL

Operative words

It shall be the duty of every state and county attorney, sheriff, police officer, and other appropriate city and county officials upon request to assist the department or any of its agents in enforcing the state health laws, rules, and orders adopted under this chapter.

Penalty

Injunction (temporary or permanent; permanent without bond); warrants; contempt; criminal penalties under s. 381.00315(6) and ch. 386

What it required

The Department of Health may obtain injunctions 'restraining any person from violating or continuing to violate any of the provisions of this chapter or from failing or refusing to comply with the requirements of this chapter,' may compel 'the performance of any act specifically required of any person' by the public health laws, may obtain warrants directed to 'any sheriff, deputy, or police officer,' and every prosecutor, sheriff and police officer must assist in enforcing the health laws, rules and orders.

Retrieval note

Rendered from the Florida Senate's 2020 statutes page (Wayback capture of Feb. 4, 2023; the page header reads '2020 Florida Statutes'). Subsection (2) limits injunctions that would stop 'an industrial, manufacturing, or processing plant' to cases of 'clear, certain, and convincing evidence that irreparable injury will result to the public.'.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.