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Ex. DUT-FL-005 Standing duty Primary source read

Statute: Fla. Stat. § 252.36 (2020)

Emergency management powers of the Governor

Florida Legislature (codified statute); exercised by the Governor · Florida (State)

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The record

Jurisdiction
Florida
Level
State
Authority
Fla. Const. art. IV, § 1(a); Fla. Stat. ch. 252, pt. I (State Emergency Management Act)
Issued
2021-07-01 July 1, 2021
Effective
In force throughout 2020 Q2 through 2021 Q3; every COVID-19 executive order in States/FL recites this section as its authority (read as 2021-07-01)
End
standing (read as 2021-09-30)
In force
Standing since July 1, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationBusiness closureCapacity limitGathering capAlcohol and barsStanding duty
Addressees
  • persons generally; owners or persons in control of premises (occupancy of premises); organizers of public meetings and gatherings; alcoholic-beverage vendors
Character
statutory authority
Collection
Standing duties: Florida DUT-FL

Operative words

Pursuant to the authority vested in her or him under paragraph (a), the Governor may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules shall have the force and effect of law.

Penalty

Violation of an executive order under this section is a second-degree misdemeanor under s. 252.50; enforcement by all law enforcement authorities under s. 252.47

What it required

Every executive order issued under the section is law binding on every person in the State; subsection (5) authorizes the Governor to '(g) Control ingress and egress to and from an emergency area, the movement of persons within the area, and the occupancy of premises therein,' to take measures concerning 'the calling of public meetings and gatherings' (para. (k)), to suspend regulatory statutes (para. (a)) and to 'Suspend or limit the sale, dispensing, or transportation of alcoholic beverages' (para. (h)). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Rendered from the Florida Senate's 2020 statutes page (Wayback capture of Oct. 9, 2021; header '2020 Florida Statutes'). Paragraph (5)(g) verbatim: 'Control ingress and egress to and from an emergency area, the movement of persons within the area, and the occupancy of premises therein.' Paragraph (5)(k) verbatim: 'Take measures concerning the conduct of civilians, the movement and cessation of movement of pedestrian and vehicular traffic prior to, during, and subsequent to drills and actual or threatened emergencies, the calling of public meetings and gatherings, and the evacuation and reception of civilian population, as provided in the emergency management plan of the state and political subdivisions thereof.' Subsection (2): a state of emergency runs sixty days unless renewed (the renewals are Exs. FL-023, FL-038, FL-045, FL-050, FL-053, FL-054, FL-057). Henry v. DeSantis (Ex. DUT-FL-014) construes paragraphs (5)(a), (g) and (h) as the basis of EOs 20-68, 20-70, 20-71, 20-91 and 20-112.