The COVID Project
The record
- Jurisdiction
- Florida
- Level
- State
- Authority
- Fla. Const. art. III; Fla. Stat. ch. 509
- Issued
- 2020-07-01 July 1, 2020
- Effective
- In force throughout 2020 Q2 through 2021 Q3; the vehicle for DBPR's enforcement of EOs 20-71, 20-112, 20-123 and 20-139 against restaurants and bars (EO 20-112 § 3.E; EO 20-139 § 7) (read as 2020-07-01)
- End
- standing (read as 2021-09-30)
- In force
- Standing since July 1, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureStanding dutyOther
- Addressees
- specified businesses: public lodging and public food service establishments licensed under ch. 509
- Character
- order penalty
- Collection
- Standing duties: Florida DUT-FL
Operative words
Any public lodging establishment or public food service establishment that has operated or is operating in violation of this chapter or the rules of the division, operating without a license, or operating with a suspended or revoked license may be subject by the division to: (a) Fines not to exceed $1,000 per offense;... (c) The suspension, revocation, or refusal of a license...
Penalty
Administrative fines up to $1,000 per offense (each day a separate offense for a 'critical law or rule'); suspension up to 12 months; revocation; second-degree misdemeanor for operating while suspended or removing the closed sign
What it required
Every restaurant, bar with a food license, hotel and vacation rental operated under a license the Division could fine, suspend or revoke for violating the chapter or its sanitation rules, with a 'closed-for-operation sign' posted on suspension and a misdemeanor for opening while suspended; subsection (6)(b) adds suspension where the establishment 'has been deemed an imminent danger to the public health and safety by the division or local health authority for failure to meet sanitation standards.'
Retrieval noteEO 20-112 § 3.E (Ex. FL-022): 'The Department of Business and Professional Regulation shall utilize its authorities under Florida law to implement and enforce the provisions of this order as appropriate.' DBPR's emergency suspension orders against licensees for violating the capacity and alcohol orders are Exs. AGY-ST-ALCOHOL-059 and -060; the alcoholic-beverage license discipline under ch. 561 ran alongside.