HomeMy WebLinkAboutGovernor's Exec Order 21-102STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 21-102
(Suspending All Remaining Local Government Mandates and Restrictions Based on the
COVID-19 State of Emergency)
WHEREAS, on March 9, 2020, 1 issued Executive Order 20-52, declaring a state of
emergency for the entire State of Florida as a result of COVID-19; and
WHEREAS, on September 25, 2020, 1 issued Executive Order 20-244, suspending the
collection of local fines and penalties associated with COVID-19 regulations upon individuals,
and on March 10, 2021, 1 issued Executive Order 21-65, categorically remitting all fines upon
individuals and businesses alike related to local government COVID-19 restrictions; and
WHEREAS, on March 29, 2021, the Legislature presented, and I signed into law, SB 72
— Civil Liability for Damages Relating to COVID-19, enacted as Chapter 2021-1, Laws of
Florida, which provides crucial liability protection to individuals, businesses, educational
institutions, religious organizations, and health care providers for liability claims related to
COVID-19; and
WHEREAS, on April 27, 2021, 1 extended the state of emergency initiated by Executive
Order 20-52 as necessary to ensure Florida schools remain open for the remainder of the school
year, to protect Floridians from being required to produce a so-called vaccine passport as a
condition of participating in everyday life, and to implement budgetary response efforts to help
Floridians to the greatest extent possible; and
WHEREAS, on April 29, 2021, Surgeon General Dr. Scott Rivkees issued a Public Health
Advisory (I) stating that continuing COVID-19 restrictions on individuals, including long-term
use of face coverings and withdrawal from social and recreational gatherings, pose a risk of
adverse and unintended consequences, (2) further expanding vaccine eligibility, and (3) advising
government offices to resume in -person operations and services; and
WHEREAS, the State of Florida led the national effort to distribute the vaccine to elderly
and vulnerable populations and has provided vaccines to nearly 9 million people; and
WHEREAS, every eligible Floridian is now legally permitted to obtain a vaccine, and
Florida maintains a sufficient supply for every eligible Floridian who desires a vaccine to be
vaccinated; and
WHEREAS, scientific studies show that vaccines protect individuals from COVID-19 and
reduce hospitalizations and deaths caused by COVID-19; and
WHEREAS, the State and the majority of local governments have declined to issue mask
mandates; and
WHEREAS, a select number of local governments continue to impose mandates and
business restrictions, without proper consideration of improving conditions and with no end in
sight; and
WHEREAS, due to the tremendous steps the State has taken to protect Florida's most
vulnerable populations and rapidly offer vaccines to every eligible Floridian who desires one, local
communities lack justification in continuing to impose COVID-19 mandates or restrictions upon
their citizens; and
WHEREAS, with my encouragement, the Florida Legislature passed and I signed
SB 2006, a measure designed to curb restrictions and closures of businesses during an extended
emergency, to add significant accountability and difficulty for the continuation of any local
limitation on the rights or liberties of individuals or businesses, and to declare in no uncertain terms
that the policy of the State of Florida will favor a presumption of commercial operation and
individual liberty with no toleration for unending and unjustified impediments to that liberty; and
WHEREAS, in light of these recently enacted reforms, the widespread vaccination of
Florida residents, and the sufficient supply of vaccines for all eligible Florida residents, I find that
it is necessary for the State of Florida to enhance its rapid and orderly restoration and recovery
from the COVID-19 emergency by preempting and suspending all remaining local emergency
restrictions on individuals and businesses and to return day-to-day life back to normal everywhere
in the State.
NOW, THEREFORE, 1, RON DESANTIIS, as Governor of Florida, by virtue of the
authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida
Emergency Management Act, as amended, and all other applicable laws, promulgate the following
Executive Order:
Section 1. In order to mitigate the adverse and unintended consequences of the COVID-
19 emergency and to accelerate the State's recovery, all local COVID-19 restrictions and mandates
on individuals and businesses are hereby suspended.
Section 2. This order eliminates and supersedes any existing emergency order or
ordinance issued by a county or municipality that imposes restrictions or mandates upon businesses
or individuals due to the COVID-19 emergency.
Section 3. For the remaining duration of the state of emergency initiated by Executive
Order 20-52, no county or municipality may renew or enact an emergency order or ordinance,
using a local state of emergency or using emergency enactment procedures under Chapters 125,
252, or 166, Florida Statutes, that imposes restrictions or mandates upon businesses or individuals
due to the COVID-19 emergency.
Section 4. Nothing herein prohibits a political subdivision of the State from enacting
ordinances pursuant to regular enactment procedures to protect the health, safety, and welfare of
its population. Only orders and ordinances within the scope of Section 1 based on a local state of
emergency or on emergency enactment procedures due to the COVID-19 emergency are hereby
eliminated and preempted.
Section 5. This order supersedes Sections 2 and 3 of Executive Order 20-244.
Section 6. This order is effective immediately.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of
Florida to b ed, at Tallahassee, 3rd day of
May, 2
ON
ATTEST:
4ETARY OF STATE �
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