Executive Orders Issued by Governor DeSantis

Advocacy News ,

Due to the unprecedented outbreak of COVID-19, Governor Ron DeSantis has issued many important executive orders. In an effort to assist members, we have provided a brief overview of some specific orders that affect the multifamily industry in Florida the most.

Note: This list is not all encompassing. Please click here for a comprehensive list of Governor Ron DeSantis Executive Orders. 

Executive Order 21-94 on April 26th

  • The Governor extended the orginial March 2020 state of emergency order for an additional sixty days.

Executive Order 20-51 on March 1st

  • This order established Coronavirus response protocol and directed the Florida Department of Health to issue a Public Health Emergency.

Executive Order 20-52 on March 9th

  • This order declares a state of emergency in the State of Florida. It allows the state to operate with less restrictions. This order expires on May 9th unless extended. (extended on May 8th until July 7th)

Executive Order on March 16th

  • The Governor activated the Florida Business Emergency Bridge Loan Program. This program provides short term, interest free capital loans to Florida businesses impacted by COVID-19.  For more information on the program, visit www.floridadisasterloan.org.

Executive Order 20-68 on March 17th

  • The Governor ordered all bars, pubs, and nightclubs to close. 

Executive Order 20-71 on March 20th

  • The Governor ordered all restaurants and food establishments to suspend on-premises food consumption for customers. Restaurants are still eligible to operate for the purposes of delivery and take out. The Governor also ordered the closure of gymnasiums and fitness centers within the State of Florida. The order states that the mandate to close does not apply to gymnasiums and fitness centers, which are an amenity of a residential building

  • However, since many amenity/gym areas cannot be limited to less than 10 people per the CDC's guidelines, many FAA members have voluntarily closed their gyms to comply with the general closure of all non-residential gyms across the state.

Click here to access FAA best practices related to Executive Order 20-71 and a sample letter to communicate this information with residents. 

Executive Order 20-80 on March 24th

  • The Governor directed all persons whose point of departure originates from outside the State of Florida in an area with substantial community spread, to include the New York Tri-State Area (Connecticut, New Jersey and New York), and entering the State of Florida through airports to isolate or quarantine for a period of 14 days from the time of entry. 

Executive Order 20-83 on March 24th 

  • The Govenor urged all persons over 65 years of age  to stay home and to take
    such other measures as necessary to limit their risk of exposure to COVID-19. In addition, the order directs the surgeon general to issue public health advisories stating that those who can work remotely from home are encouraged to do so and advising against all social or recreational gatherings of 10 or more people.

    Click here to access FAA best practices related to Executive Order 20-83 and a sample letter to communicate this information with employees.

Executive Order 20-86 on March 27th

  • The Governor has ordered all people entering Florida from the state of Louisiana to self quarantine for a period of 14 days.

Executive Order 20-87 on March 27th

  • The Governor has ordered all parties engaged in the operation of vacation rental properties to suspend their business. They are prohibited from making new reservations or accepting any check-ins for the duration of the order. There is an exemption for rentals previously booked, and are scheduled to check-in no later than March 28, 2020, and rentals to persons performing military, emergency, governmental, health or infrastructure response, or travelers engaged in non-vacation commercial activities.

Click here for FAA's FAQs and other information regarding this order.

Note: This order was extended through Phase One of Florida's Re-Opening by Governor DeSantis. As a result the prohibiton for the operation of vacation rentals will remain in place until it is lifted by the Governor. 

Executive Order 20-89 on March 30th 

  • The Governor placed a stay-at-home order over Miami-Dade, Broward, and Palm Beach County residents. It will close non-essential businesses and ask residents to stay inside, unless engaging in one of the few allowed activities. The purpose of this order was to place all of the counties' residents under one unified directive. Apartment management and maintenance personnel are deemed essential. 

Executive Order 20-91 on April 1st

  • The Governor placed a stay-at-home order over the entire state of Florida. It will close non-essential businesses and ask residents to stay inside, unless engaging in one of the few allowed activities. This order will become effective on April 3rd, 2020 at 12:01AM and will expire on April 30th, 2020. 

The list of essential businesses includes “Residential/Shelter Facilities and Services,” specifically identifying:

  • Workers responsible for the leasing of residential properties to provide individuals and families with ready access to available housing.

  • Workers responsible for handling property management, maintenance, and related service calls who can coordinate the response to emergency “at-home” situations requiring immediate attention, as well as facilitate the reception of deliveries, mail, and other necessary services.

  • Workers performing housing construction related activities to ensure additional units can be made available to combat the nation’s existing housing supply shortage.

  • Workers supporting the construction of housing, including those supporting government functions related to the building and development process, such as inspections, permitting and plan review services that can be modified to protect the public health, but fundamentally should continue and serve the construction of housing (e.g., allow qualified private third-party inspections in case of government shutdown).

  • Executive Order No 20-91 states, "Senior citizens and individuals with a significant underlying medical condition (such as chronic lung disease, moderate-to-severe asthma, serious heart conditions, immunocompromised status, cancer, diabetes, severe obesity, renal failure and liver disease) shall stay at home and take all measures to limit the risk of exposure to COVID-19."

Executive Order 20-92 on April 2nd

  • This order amends Section 4 of Executive Order 20-91. It now reads "Section 4. This Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19." 

Executive Order 20-94 on April 2nd

  • Executive Order 20-94 suspends evictions for non-payment of rent in Florida for the next 45 days.

    Note: The order also states that nothing in the executive order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments. 

  • For an infographic on eviction moratorium timelines, please access the link below.

    Eviction Moratorium 

Executive Order 20-95 on April 6th

  • This order suspends the assessment and collection of the Document Stamp Tax on Small Business Administration Loans. 

Executive Order 20-97 on April 8th

  • This order declared an election emergency in Pasco County, delaying municipal elections scheduled on April 14th, 2020 for the cities of San Antonio, Dade City, and Zephryhills. 

Executive Order 20-104 on April 16th

  • This order suspended the biweekly reporting of "actively seeking work" requirement for claimants of unemployment benefits. Those who have obtained unemployment benefits from the State of Florida to do not have to fullfill the traditional requirement of reporting their search for employment to the state until the expiration of Executive Order 20-52. 

Executive Order 20-111 on April 29th

  • This order extends Executive Orders 20-87 and 20-91 until May 4th. Executive Order 20-87, which ordered the suspension of all parties engaged in the operation and rental of vacation rental properties. Vacation rentals are prohibited from making new reservations or bookings and shall not accept new guests for check-in. Executive Order 20-91 which limited statewide “Essential Services and Activities during the Covid-19 Emergency" and required all persons in Florida to limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities.

Executive Order 20-112 on April 29th

  • This order outlines phase one of Florida's reopening. It becomes effective on May 4, 2020 and will remain in place until the governor issues a subsequent executive order.
    • All non-essential businesses are still required to work from home except for restaurants and retail, who may operate at 25% occupancy.
    • Gyms and Fitness Centers are to remain closed. Individuals should avoid socializing in groups of more than 10 people in circumstances that do not allow for physical distancing.
    • Senior citizens and individuals with significant underlying medical conditions are strongly encouraged to stay at home.
    • This order is in effect statewide, however in coordination with Miami-Dade, Broward, and Palm Beach County mayors, these three counties will follow stricter protocol without the reopen provisions of Executive Order 20-112. 
  • Below you will find the report assembled by the Re-Open Florida Task Force. The Governor will use this report to compile his executive orders for the re-opening of Florida.

Plan for Florida's Recovery

  • Please click on the link below to access an FAQ regarding Executive Order 20-112.

Executive Order 20-112 FAQ

Note: It is important to note that the governor’s executive orders do not contain a preemption on local rules that restrict or close businesses and buildings. Therefore, local governments may establish additional rules or regulations. Please refer to your local government for any additional regualtions. 

Executive Order 20-114 on May 8th

  • The Governor extended Executive Order 20-52, which declares a state of emergency for Florida. This order extends the state of emergency for an additional 60 days. A state of emergency allows for certain emergency procedures to be taken, along with the issuance of additional funding.

Executive Order 20-120 on May 9th

  • This order authorizes Palm Beach County to enter Phase 1 of Florida's re-opening. This order also allows for barbershops, salons, and nail salons to open in all counties except Miami-Dade and Broward. 

Executive Order 20-121 on May 14th

  • This order extends Executive Order 20-94 until June 2, 2020. Executive Order 20-94 suspends evictions for non-payment of rent in Florida.

Note: The order also states that nothing in the executive order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments.  

Executive Order 20-122 on May 14th

  • This order authorizes Broward and Miami-Dade Counties to enter the Governor's Phase 1: Safe. Smart. Step-by-Step. Plan for Florida's Recovery. 

Executive Order 20-123 on May 15th

  • This order moves Florida into what the Governor is calling "Full Phase One" on Monday, May 18th. It allows gyms and fitness centers to reopen at 50 percent capacity so long as they adopt safety measures including social distancing and have sufficient cleaning supplies. Gyms must comply with the Florida Department of Business and Professional Regulation (DBPR) guidelines.
  • This order also permits counties to seek approval to operate vacation rentals with a written request from the county administrator and the county’s safety plan for vacation rental operations, which must be submitted to the DBPR secretary for review.

Executive Order 20-124 on May 15th

  • This order reschedules municipal elections for the City of San Antonio and the City of Dade City in Pasco County for June 30, 2020. This order supersedes Executive Order 20-97, which delayed municipal elections in the aforementioned cities.

Executive Order 20-137 on June 1st

  • On June 1st, Governor DeSantis issued order 20-137 . This order extends the eviction moratorium (order 20-94) until July 1, 2020 for non-payment of rent.
    Note: The order also states that nothing in the executive order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments.  

Executive Order 20-139 on June 3rd

  • On June 3rd, Governor DeSantis moved Florida into what he is calling “Phase 2: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery.” The order goes into effect on Friday, June 5, 2020. Phase 2 (Executive Order 20-139) outlines the following:
    • All persons in Florida are encouraged to follow appropriate social distancing and safety protocols issued by the CDC and OSHA
    • All persons in Florida are encouraged to avoid congregating in groups larger than 50 persons. 
    • Gyms and fitness centers are allowed to operate at full capacity, but should maintain appropriate social distancing and sanitation protocols. 
    • Retail may operate at full capacity with appropriate social distancing and frequent sanitization.
    • Executive Order 20-69, which allows local governments to suspend the requirement for a quorum and to perform functions virtually, is extended until June 30, 2020. 
    • The re-opening provisions of this order will be considered for Miami-Dade, Broward, and Palm Beach counties after each county seeks approval with a written request from the county mayor or administrator. 

Executive Order 20-150 on June 23rd

  • The Governor extended Executive Order 20-69, which allows local governments to suspend the requirement for a quorum and to perform functions virtually, until August 1, 2020. 

Executive Order 20-159 on June 30th

  • The Governor further extended Executive Order 20-94 until 12:01AM on August 1, 2020. Executive Order 20-94 issued an eviction moratorium moratorium for non-payment of rent.

Note: The order also states that nothing in the executive order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments. 

Executive Order 20-166 on July 7th

  • The Governor further extended Executive Order 20-52 and the state of emergency due to COVID-19 for an additional 60 days.
  • Keep in mind that Florida Statute 501.160 states that during a state of emergency, it is unlawful to sell, lease, offer to sell, or offer for lease essential commodities, dwelling units, or self-storage facilities for an amount that grossly exceeds the average price for that commodity during the 30 days before the declaration of the state of emergency, unless the seller can justify the price by showing increases in its prices or market trends. The law compares the reported price of the commodity or service during the state of emergency to the average price charged over the 30-day period prior to the declared state of emergency.

Executive Order 20- 180 on July 30th

  • Executive Order 20-180 provides a limited extension of the original eviction moratorium that was issued in Executive Order 20-94Executive Order 20-180 included important revisions, which will allow evictions, even cases for nonpayment of rent, to be filed and processed by the courts.
  • The new order merely suspends the "final action at the conclusion of an eviction proceeding" until September 1, 2020 for cases that arise from nonpayment of rent by a tenant who has been adversely affected by the COVID-19 emergency. According to the order, "adversely affected" by the COVlD-19 emergency means a loss of employment, diminished wages or business income, or other monetary loss realized during the Florida State of Emergency and directly impacting the ability of a residential tenant to make rent payments. This new language also clarifies that the judicial system can issue writs of possession for eviction proceedings unrelated to nonpayment of rent.

Executive Order 20-192 on August 6th

  • This order rescinds section 3 of Executive Order 20-139. Section 3 of Executive Order 20-139 requires any individual coming from the New York, New Jersey, and Connecticut to self-quarantine for 14 days. 

Executive Order 20-211 on August 31st

  • The Governor extended Executive Order 20-180 until 12:01 a.m. on October 1, 2020.
  • Executive Order 20-180 merely suspends the "final action at the conclusion of an eviction proceeding" for cases that arise from nonpayment of rent by a tenant who has been adversely affected by the COVID-19 emergency. According to the order, "adversely affected" by the COVlD-19 emergency means a loss of employment, diminished wages or business income, or other monetary loss realized during the Florida State of Emergency and directly impacting the ability of a residential tenant to make rent payments. This new language also clarifies that the judicial system can issue writs of possession for eviction proceedings unrelated to nonpayment of rent.

Executive Order 20-213 on September 4th

  • The Governor extended Executive Order 20-52, which declares a state of emergency for Florida. This order extends the state of emergency for an additional 60 days. A state of emergency allows for certain emergency procedures to be taken, along with the issuance of additional funding.

Executive Order 20-214 on September 4th

  • Governor DeSantis has issued executive order 20-214, which allows Palm Beach County to move into Phase 2 of reopening.  

Executive Order 20-223 on September 11th

  • Governor DeSantis has issued executive order 20-223, which allows Miami-Dade and Broward Counties to move into Phase 2 of reopening.  This order becomes effective on Sept. 14th.

Executive Order 20-244 on September 25th

  • Governor issued executive Order 20-244, which moves Florida into Phase 3 of reopening. The order also includes the following additional provisions:
    • Section 2.  Right to Work and Operate a Business:  Provides that no Covid-19 Emergency Order may prevent an individual from working or operating a business.
    • Section 3.  Restaurants:  Provides that restaurants, and any establishment with a food service license, may not be limited by a Covid-19 emergency order by any local government to less than 50% of their indoor capacity.  Further, if a local order restricts a restaurant to less than 100% of its capacity, such order must: 
      • quantify the economic impact of each limitation or requirement on those restaurants, and
      • explain why each limitation or requirement is necessary for public health.
    • Section 4. Suspends the collection of fines or penalties associated with Covid-19 enforced upon individuals
  • This order is effective immediately.