Memorandum

TO: Municipal Attorneys & Key Officials

FROM: Kraig Conn, General Counsel
FROM: Rebecca O’Hara, Deputy General Counsel 

SUBJ: Executive Orders 20-91 & 20-92

DATE: April 2, 2020 

On April 1, 2020, the Governor issued Executive Order 20-91 (Essential Services and Activities During COVID-19 Emergency) and Executive Order 20-92 (Amending Executive Order 20-91). EO 20-91 provides the following:

  • Directs “senior citizens” and individuals with significant underlying medical conditions to stay at home and take all measures to limit the risk of exposure to COVID-19;

  • Directs all persons in Florida to limit their movements and personal interactions outside their home to only those necessary to obtain or provide essential services or conduct essential activities;

  • Defines “essential services” by reference to attached documentation (U.S. Department of Homeland Security Guidance on Essential Critical Infrastructure Workforce and businesses and activities designated by EO 20-89 and its attachment (Miami-Dade orders)) and other essential services that may be added by state officers. It notes the State Coordinating Officer shall maintain an online list of essential services, along with any approved additions (www.floridadisaster.org);

  • Encourages individuals to work from home;

  • Encourages businesses and organizations to provide delivery, carry-out, or curbside services;

  • Recognizes specified activities as essential (attending religious services; specified recreational activities; pet care; caring for loved one or friend) and provides the State Coordinating Officer shall maintain an online list of essential activities;

  • States that a social gathering in a “public space” is not an essential activity, and provides “local jurisdictions shall ensure that groups of people greater than ten are not permitted to congregate in any public space;

  • Provides that EO 20-91 does not supersede any Executive Order related to COVID-19;

  • Provides for an effective date of April 3 at 12:01 AM and an expiration of April 30 unless extended.

Section 4 of EO 20-91 addresses Local Orders in Response to COVID-19. However, this Section was subsequently amended by EO 20-92. As amended, Section 4 now states: 

  • “This Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19.”

Please review both Executive Orders (with referenced attachments) carefully and ensure any local order that may have been issued by your municipality is not in conflict with EO 20-91, as amended by EO 20-92. 
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