Dear Clients and Friends,
Below please find the second edition of Stearns Weaver Miller's COVID-19 Legal Compass, highlighting timely government updates, alerts on critical topics, and resources to help you navigate and adapt to this rapidly changing environment.
All actions described below have been ordered or updated between March 25, 2020 and April 2, 2020. We have done our best to include significant, timely information, although new orders and actions are being introduced continuously.
View a comprehensive listing of the government actions pertaining to COVID-19 that we have collected to date.
|
RECENT FEDERAL GOVERNMENT ACTIONS
-
Economic Relief and Assistance
: The
Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) was passed and signed into law on Friday March 27, 2020. The $2 trillion economic relief package will provide much needed stimulus to individuals, business and hospitals in response to the economic distress caused by the ongoing COVID-19 pandemic. The legislation provides immediate cash relief for individuals, a broad lending program for small business, targeted assistance for hard-hit industries, expanded unemployment insurance, $150 billion for local and tribal governments to cover COVID-19-related costs, and $130 billion for medical and hospital industries, including for medical supplies and drug and device shortages. Please see our recent update for more details.
-
Small Business Loans: The U.S. Small Business Administration (SBA) is providing low-interest disaster loans to help businesses and homeowners recover from declared disasters. For Florida, Governor Ron Desantis provides the request for funds to the SBA. Also, with the passage of the CARES Act, the Department of the Treasury has provided guidance and application forms for several of the programs created including the Payment Protection Program, a new small business loan program that incentivizes companies to retain their workforce.
- Are You Considered Essential by the Federal Government?: Last week, the Director of the Cybersecurity and Infrastructure Security Agency (CISA) provided Guidance on the Essential Critical Infrastructure Workforce. This Guidance describes and lists the worker categories that are essential to ensure the continuity of functions critical to public health and safety, as well as economic and national security. The Director emphasized that the list is advisory in nature, and is not, nor should it be considered to be, a federal directive or standard in and of itself. This list is incorporated into and an integral part of the State of Florida's Governor's Executive Order No. 20-91 (EO 20-91) discussed further below.
- CDC Guidelines for Florida: Because each state is unique and offers different challenges, the Center for Disease Control (CDC) offers state specific guidance when appropriate. The CDC especially considered Florida's "large older adult population" in issuing its recommendations for implementation of COVID-19 mitigation for the state. As is often the case in this rapidly evolving response, although some of these guidelines may be superseded by EO 20-91, these guidelines may be helpful to those essential businesses or activities which are still permitted or necessary.
- Florida Disaster Declaration Approved: On March 25, 2020, Florida became the seventh state declared as a major disaster area by President Trump due to the effects of the COVID-19 Pandemic. With this declaration, Florida is eligible for federal funding for various response actions. Gracia Szczech has been appointed as the Federal Coordinating Officer for the state.
|
|
RECENT STATE OF FLORIDA GOVERNMENT ACTIONS
-
Foreclosure and Eviction Tolling: Actions to foreclose mortgages and evict residential renters are suspended and tolled for 45 days. The order does not relieve or forgive any debts. Click for more.
-
Reemployment Support: All executive agencies are directed to support the DEO and its overwhelmed reemployment assistance program. The DEO will beef up its call center and internet operations, as well as expand its program to include paper applications. Click for more.
-
Stay-At-Home Order: Governor Desantis has placed the state under a Stay-At-Home order to begin at 12:01am on Friday, April 3, 2020. The order limits your actions out of the home to "Essential Services" and "Essential Activities" and directs the elderly and those at risk to stay home. Click for more.
-
Association Emergency Powers: Condominium, cooperative, and homeowners associations are allowed to enact emergency powers to respond to the COVID-19 emergency without the limitation of responding "to damage caused by and event" found in the Florida statutes, so long as they act in accordance with their governing documents. Click for more.
-
Public Health Advisory: The advisory limits social gatherings to 10 people and encourages remote working. Additionally, citizens over 65 and those with underlying health conditions are advised to stay home and take safety measures to avoid COVID-19 exposure. Click for more.
-
Travel: Restriction and quarantine placed on Florida visitors is expanded. Travelers from areas with substantial community spread coming to the state by both air and auto are directed to isolate and quarantine for 14 days and notify anyone they have come into direct contact with. Checkpoints on major roadways are in use. Click for more.
-
Vacation Rental Closures: Vacation rentals are suspended for 14 days. No check-in is allowed until April 10, 2020. The order notably excludes hotels, inns, resorts, time-shares, and long-term rentals. It can be seen as largely limiting Airbnb and VRBO-type rentals. Click for more.
-
Recreational Boating Restrictions: Recreational boaters are directed to keep occupancy to 10 or less and keep 50 feet apart when anchored or moored away from a marina or permanent wet slip. Click for more.
-
Florida Education Code Relaxed: The Department of Education waived the normally required "strict adherence" to the Education Code. With schools closed, online education is being implemented and state assessments have been cancelled for the year. Click for more.
|
RECENT COUNTY AND CITY GOVERNMENT ACTIONS
|
|
| Photo Source: Florida's COVID-19 Data and Surveillance Dashboard, Florida Department of Health, Division of Disease Control and Health Protection, April 2, 2020 |
Over this past week, we have seen a wave of local governments issue emergency orders/directives ordering or urging residents to stay home, except for limited purposes. These local orders must now be read in light of Executive Order 2020-91 and Executive Order 2020-92, which supersede all conflicting local orders. Because this is a quickly-changing situation, please consult the State and your local government for the most up-to-date information.
Our team is continuing to follow amendments and interpretations by the Governor and Attorney General. Check back for updates to this issue.
If you have questions about whether your business qualifies as essential or how these orders affect you as an employer,
email us!
Please review our comprehensive listing of Local Government Actions, including the various Stay-At-Home Orders.
|
|
|
|
