On May 3, Governor DeSantis issued two Executive Orders suspending or invalidating local government emergency actions based on the COVID-19 state of emergency. The Governor states his actions are intended to protect the rights and liberties of individuals, accelerate the state’s recovery from the crisis, and mitigate the adverse and unintended consequences of the emergency.
Effective May 3, EO 21-102 suspends all local COVID-19 “restrictions and mandates on individuals and businesses.” The Order eliminates and supersedes any existing municipal or county emergency order or ordinance that imposes “restrictions or mandates upon businesses or individuals” due to the COVID-19 emergency. [“Restrictions or mandates upon businesses or individuals” likely includes mask requirements, curfews, business occupancy restrictions, etc.; however, this would likely not include emergency orders or ordinances relating to procurement, vaccination distribution, etc.] For the remaining duration of the state of emergency initiated by EO 20-52 (until June 26 under EO 21-94), a municipality or county cannot renew or enact an emergency order or emergency ordinance using a local state of emergency or using the emergency enactment procedures under Chapters 125, 166, or 252, Florida Statutes, that imposes restrictions or mandates upon businesses or individuals due to the COVID-19 emergency.
EO 21-102 does not prohibit a political subdivision (municipality or county) from enacting an ordinance according to regular enactment procedures to protect public health, safety, and welfare. The Order eliminates and preempts only orders or ordinances that impose “restrictions and mandates upon businesses or individuals” based on a local state of emergency or emergency enactment procedures due to the COVID-19 emergency.
Effective July 1, EO 21-101 provides any emergency order (see broad definition below) issued by a political subdivision (municipality or county) due to the COVID-19 emergency which restricts the “rights or liberties of individuals or their businesses” is invalidated. The Order does not prohibit a political subdivision from enacting an ordinance under regular enactment procedures to protect public health, safety, and welfare. The Order invalidates only COVID-19 emergency orders, as defined in SB 2006, enacted before July 1, 2021.
[SB 2006, which has been signed by the Governor and is noted as Chapter 2021-8, Laws of Florida, provides: “the term ‘emergency order’ means an order or ordinance issued or enacted by a political subdivision in response to an emergency pursuant to this chapter (252) or chapter 381 that limits the rights or liberties of individuals or businesses within the political subdivision. The term does not apply to orders issued in response to hurricanes or other weather-related emergencies.”]
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