Florida Enters Phase 3, Reopens Bars And Restaurants

On September 25, 2020, Governor Ron DeSantis announced Florida's entry into Phase 3 of its coronavirus pandemic reopening plan and issued Executive Order 20-244.

The executive order provides that "[n]o COVID-19 emergency ordinance may prevent an individual from working or from operating a business." The order further explains that "to safeguard the economic vitality of this state," restaurants cannot be limited by any local government or COVID-19 emergency order to less than 50 percent of indoor capacity. In addition, any order imposing a limitation between 50 and 100 percent must quantify the economic impact of each limitation or requirement on those restaurants and explain why each limitation is necessary for public health. The order clarifies that it does not supersede or preempt any non-COVID-19 municipal or county order. Finally, the order concludes by suspending individual fines and penalties relating to COVID-19.