FILED

Department of Business and Professional Regulation
Senior Deputy Agency Clerk

CLERK Brandon Nichols

Date 6/26/2020
File 2020-03553

 

 

 

STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

EMERGENCY ORDER 2020-09

WHEREAS, Novel Coronavirus Disease 2019 9) is a severe acute respiratory
illness that can spread among humans through respiratory transmission and presents with
similar to those of in?uenza; and

WHEREAS, all counties in Florida have positive cases for COVID-19, and COVID-19
poses a risk to the entire state of Florida; and

WHEREAS, the Governor issued Executive Order 20?52 on March 9, 2020, pursuant to
the authority vested in him by Article IV, Section 1(a) of the Florida Constitution, the State
Emergency Management Act, s. 252.31, Florida Statutes, et al., as amended, and all other
applicable laws, and declared a state of emergency for the State of Florida; and

WHEREAS, the Governor, in Executive Order Number 20-52, authorized each State
agency to suspend the provisions of any regulatory statute of that agency, if strict compliance
with that statute would in any way prevent, hinder, or delay necessary action in coping with this
emergency; and

WHEREAS, on April 29, 2020, the Governor issued Executive Order 20?1 12 initiating
Phase 1 of the Safe. Smart. Step-by-Step. Plan for Florida?s Recovery;

WHEREAS, on June 3, 2020, the Governor issued Executive Order 20-139 initiating
Phase 2 of the Safe. Smart. Step-by?Step. Plan for Florida?s Recovery for 64 counties;

WHEREAS, under Phase 2, bars and other vendors licensed to sell alcoholic beverages
for consumption on the premises were given permission to operate at ?fty (50) percent of their

indoor capacity, so long as they provided seated service only;

WHEREAS, the Governor directed the Department of Business and Professional
Regulation to enforce the restrictions in Executive Order 20-139;

WHEREAS, during the month of June 2020, the number of individuals testing positive
for increased signi?cantly in the State of Florida, especially among younger
individuals, and some of these cases involving younger individuals are suspected to have
originated from visits to bars, pubs, or who have disregarded the restrictions set forth
in Phase 2 of the Safe. Smart. Step-by?Step. Plan for Florida?s Recovery; and

WHEREAS, noncompliance by bars and other vendors licensed to sell alcoholic
beverages for consumption on the premises is suspected throughout the State to such a degree as
to make individualized enforcement efforts impractical and insuf?cient at this time;

NOW, THEREFORE, I, HALSEY BESHEARS, Secretary of Florida?s Department of
Business and Professional Regulation, pursuant to the authority granted by Executive Order
Nos. 20?52, 20?71, 20?l 12, and 20?139, ?nd the timely execution of the mitigation, response,
and recovery aspects of the State?s emergency management plan, as it relates to is
negatively impacted by the operation of certain regulatory statutes related to the Department of
Business and Professional Regulation (?the Department?). Therefore, I order the following:

1. All vendors licensed to sell alcoholic beverages for consumption on the
premises who derive more than 50% of gross revenue from such sales of
alcoholic beverages shall suspend such sales of alcoholic beverages for
consumption on the premises. Such vendors may continue to sell alcoholic
beverages in sealed containers for consumption off the premises in

accordance with Executive Order 20-7], Sections 1 and 2.

2. Vendors who are also licensed as public food service establishments or
?restaurants? under Chapter 509, Florida Statutes, may continue to operate for
on-premises consumption of food and beverages at tables pursuant to the
restrictions in Executive Order 20-139, so long as these vendors derive 50%
or less of gross revenue ?'om the sale of alcoholic beverages for on-premises
consumption.

3. This Emergency Order shall take effect on the date of its ?ling.

Executed this 26th day of June, 2020, in Tallahassee, Leon County, Florida.

FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION

4:4me

 

Halsey es ears, Secretary
2601 tone Road
Tallahassee, Florida 32399

Filed on this date, with
the designated Agency Clerk,
receipt of which is hereby

?a?h 

Agency Clerk?s Of?ce

Date: (Q 2?2 2 2020