The COVID Project
The record
- Jurisdiction
- Florida
- Level
- State
- Authority
- Fla. Const. art. III; Fla. Stat. ch. 252, pt. I (State Emergency Management Act)
- Issued
- 2021-07-01 July 1, 2021
- Effective
- In force throughout 2020 Q2 through 2021 Q3 (subsection (4), limiting local emergency orders to seven-day terms, 42 days in total and gubernatorial invalidation, from July 1, 2021) (read as 2021-07-01)
- End
- standing (read as 2021-09-30)
- In force
- Standing since July 1, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStanding dutyOther
- Addressees
- political subdivisions (power); persons and businesses within them (bound by the resulting orders under ss. 252.46(2), 252.47 and 252.50)
- Character
- statutory authority
- Collection
- Standing duties: Florida DUT-FL
Operative words
In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall have the power and authority: 1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency...
Penalty
Violation of a local emergency order made under this section is a second-degree misdemeanor under s. 252.50; EO 20-244 § 4 (Ex. FL-047) suspended collection of COVID-19 fines and penalties 'enforced upon individuals' from Sept. 25, 2020, leaving enforcement against businesses in place
What it required
Counties and municipalities were empowered to declare local emergencies in seven-day increments and to 'provide for the health and safety of persons and property'; the county and municipal COVID-19 orders that were Florida's operative business layer from Sept. 25, 2020 to May 3, 2021 (Exs. FL-047, FL-060; Metros MIA, TPA, ORL, JAX) rested on this section and carried the force of law and the misdemeanor penalty of ss. 252.46(2) and 252.50. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteParagraph (3)(a)5: 'The duration of each state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day increments.' EO 20-92 (Ex. FL-018) made EO 20-91 supersede conflicting local orders; EO 20-244 § 2 (Ex. FL-047) provided that 'No COVID-19 emergency ordinance may prevent an individual from working or from operating a business' while § 3.A permitted local restaurant limits down to fifty percent; EO 21-102 (Ex. FL-060) suspended all remaining local COVID-19 mandates on May 3, 2021; ch. 2021-8 (Ex. FL-030) added s. 252.38(4) effective July 1, 2021.