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Ex. DUT-FL-013 Standing duty Primary source read

Administrative rule: Fla. Admin. Code r. 64D-3.038

Quarantine Orders and Requirements

Department of Health, Division of Disease Control · Florida (State)

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The record

Jurisdiction
Florida
Level
State
Authority
Fla. Stat. §§ 381.0011(2), (3), (7), 381.003(2), 381.00315(4), (5), (6), 384.33 (rulemaking authority as recited in the rule)
Issued
2006-11-20 Nov. 20, 2006
Effective
In force throughout 2020 Q2 through 2021 Q3 (read as 2006-11-20)
End
standing (read as 2021-09-30)
In force
Standing since Nov. 20, 2006 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureQuarantine and isolationStanding duty
Addressees
  • persons generally (subjects of quarantine orders); owners or persons in control of premises (closure, access and disinfection of premises)
Character
sanitary code duty
Collection
Standing duties: Florida DUT-FL

Operative words

Quarantine orders shall be issued by the State Health Officer, or the county health department director or administrator, or their designee in writing; include an expiration date or specify condition(s) for ending of quarantine; and restrict or compel movement and actions by or regarding persons, animals or premises consistent with the protection of public health and accepted health practices...

Penalty

Second-degree misdemeanor under s. 381.00315(6) for violating 'any isolation or quarantine' or 'any rule adopted under this section'; immediate enforcement by law enforcement under s. 381.0012

What it required

A quarantine order of the State Health Officer or a county health department director may 'restrict or compel movement and actions by or regarding persons, animals or premises,' and 'actions' 'encompasses isolation, closure of premises, testing, destruction, disinfection, treatment, protocols during movement and preventive treatment, including immunization' (subs. (2)); quarantined premises must be 'accessible at all times to the Department' (subs. (3)) and 'Terminal disinfection shall be carried out at the termination of the period of quarantine and shall be applied to the quarters vacated' (subs. (8)(b)).

Retrieval note

The exhibit is the Department of State's official rule text file (Word.doc) from flrules.org; the rule page (https://www.flrules.org/gateway/ruleNo.asp?id=64D-3.038) states 'Effective Date: 11/20/2006' and the history 'New 11-20-06.' Text read with Word. Subsection (4) allows an individual to choose 'isolation in their domicile and such closure as needed to ensure that isolation.' The DOH declaration of public health emergency of Mar. 1, 2020 (Ex. FL-003) and the traveler isolation orders EO 20-80, 20-82 and 20-86 (Exs. FL-011, FL-012, FL-015) operated against the background of this rule.