The COVID Project
The record
- Jurisdiction
- Florida (United States District Court for the Southern District of Florida) · Florida
- Level
- Court
- Authority
- 42 U.S.C. § 1983; Jacobson v. Massachusetts, 197 U.S. 11 (1905); Fla. Stat. § 252.36
- Issued
- 2020-05-11 May 11, 2020
- Effective
- 2020-05-11
- End
- n/a (decision) (read as 2020-06-30)
- In force
- May 11, 2020 to June 30, 2020
- Quarters
- 2020 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureCapacity limitAlcohol and barsOther
- Addressees
- businesses subject to the closure, occupancy and alcohol orders (the plaintiff was a laid-off restaurant and bar employee); persons generally
- Character
- adjudication
- Collection
- Standing duties: Florida DUT-FL
Operative words
Section 252.36 states the Governor 'is responsible for meeting the dangers presented to this state and its people by emergencies,' like the current global pandemic.... And subsection (1)(b) states that the Governor has discretion to decide how best to respond, noting that he 'may issue executive orders, proclamations, and rules' that 'have the force and effect of law.'
Penalty
n/a (decision confirming the binding character of the orders)
What it required
The court held that Executive Orders 20-68, 20-70, 20-71, 20-91 and 20-112 were valid exercises of the Governor's powers under s. 252.36(5)(a), (g) and (h) to suspend statutes, 'limit occupancy of establishments' and curtail alcohol sales, that they carried 'the force and effect of law,' and that they satisfied Jacobson because they 'have a "real [and] substantial relation" to the unprecedented public health crisis that Florida faces.' Character as recorded: adjudication (order_penalty layer).
Retrieval noteRetrieved from the RECAP archive copy of ECF No. 9 (https://storage.courtlistener.com/recap/gov.uscourts.flsd.570693/gov.uscourts.flsd.570693.9.0.pdf), 21 pages, docket stamp 'Entered on FLSD Docket 05/11/2020.' The character code 'order_penalty' is used because the decision establishes the binding legal force of the orders rather than a duty of its own. At 10-11 the court states: 'Working within the acts enumerated in Section 252.36(5), he selectively invoked the measures which were best suited to meet the emergency and prevent further spread.' At 10: 'courts have long recognized that the states have inherent police power to protect public health and welfare. See, e.g., Jacobson.' Reported at 461 F. Supp. 3d 1244 (S.D. Fla. 2020) (reporter date May 14, 2020, from the vLex listing; the order itself is dated May 11, 2020).