Dear Clients and Friends,
Below please find the updated eighth edition of Stearns Weaver Miller's COVID-19 Legal Compass, highlighting government updates, alerts on critical topics, and resources to help you navigate and adapt to this rapidly changing environment.
All actions described below have been ordered or updated between May 8, 2020 and May 14, 2020. We have done our best to include significant, timely information, although new orders and actions are being introduced continuously. View a comprehensive listing of the government actions pertaining to COVID-19 that we have collected to date.
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RECENT FEDERAL GOVERNMENT ACTIONS
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Health and Economic Relief: HR6800, the Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act), was passed by the House on May 15, 2020. The $3 trillion package would provide $500 billion to state governments, $375 billion to local governments, $20 billion to tribal governments, and $20 billion to U.S. territories to counter the fiscal impacts of the pandemic. $75 billion will be for coronavirus testing, contact tracing and isolation measures, $50 million for assistance to farmers, farmers markets and local food outlets affected by market disruptions, $25 billion for assistance to the Postal Service, and $3.6 billion in grants to states to plan and prepare for elections, as well as to bolster election security. It would also establish a $200 billion "Heroes' Fund" to ensure that essential workers receive hazard pay, extend unemployment insurance established under the CARES Act until January 2021, and implement a second round of direct payments to individuals. The bill now moves to the Senate, where it has a low probability of passing based on the comments made by key Senate Majority members.
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CDC Offers Guidance for Reopening: The Centers for Disease Control provided recent guidance for businesses, restaurants and bars, and schools to consider in reopening. The guidance is provided in decision tree format, and are to be considered in light of local and state requirements.
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Frequently Asked Questions ("FAQ") for Paycheck Protection Program ("PPP") Applicants: The U.S. Treasury Department updated their PPP Loans FAQ with guidance extending the time frame to take advantage of the safe harbor to repay PPP loans. The FAQ also clarified that an applicant must count all of its employees, and the employees of its U.S. and foreign affiliates (absent a waiver of, or an exception to, the affiliation rules) for purposes of the 500 or fewer employee-size standard.
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RECENT STATE OF FLORIDA GOVERNMENT ACTIONS
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Full Phase 1: Florida's Full Phase 1 is now implemented in all Florida Counties. Full Phase 1 loosens restrictions on restaurants, retail, museums, gyms, professional sport venues, amusement parks, and vacation rentals. DBPR has also issued mandatory safety measures or recommended best practices for the re-opening of restaurants, gyms and fitness centers, and vacation rentals. The Executive Order also allows local governments to continue to meet virtually. Click for more.
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Phase 1 Expanded (All Counties): Beginning on May 18, 2020, the Phase 1 recovery will include all counties. Initially, the Phase I plan continued to restrict Palm Beach, Broward and Miami-Dade Counties. Click for more.
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Foreclosure and Eviction Tolling Extended: Actions to foreclose mortgages and evict residential renters are suspended until June 2, 2020. The order does not relieve or forgive any debts. Click for more.
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Phase 1 Expanded: The Phase 1 recovery was expanded to include Palm Beach County and to allow barbershops, cosmetology salons, and cosmetology specialty salons to open with restrictions published by the Department of Business and Professional Regulation. Click for more.
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DOE Expands Waiver of Strict Adherence to Statutes and Rules: Certain education rules and requirements are extended to help with COVID-19 responses and limitations under current restrictions. Click for more.
View an easy-to-read matrix of the Florida government agency orders that we have collected to date. Highlighted actions are new (May 8-14) since last issue.
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RECENT COUNTY AND CITY GOVERNMENT ACTIONS
Our comprehensive listing includes the latest updates on the actions of 59 local governments throughout the state of Florida, as well as permitting information and a virtual meetings database. Grouped by region and with an easy-to-navigate table of contents, the listing is filled with links to, and digestible bullet points of, each government's orders, organized by date.
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| | Photo Source - Florida's COVID-19 Data and Surveillance Dashboard, Florida Department of Health, Division of Disease Control and Health Protection, May 14, 2020 |
LOCAL GOVERNMENT REOPENING PROCESS CONTINUES
Local governments are taking after the State in following the Governor's Executive Order 20-112 (Phase 1: Safe. Smart. Step-by-Step. Plan for Florida's Recovery). Many local governments are reopening public libraries, parks, and beaches, provided social distancing measures are followed.
Local governments continue to meet virtually and are finding ways to host virtual quasi-judicial meetings as well. Our comprehensive listing includes a virtual meeting database, as well as the latest update on Local Government Actions.
On April 22nd, our team presented a webinar wherein we discussed the practical and legal challenges presented in a virtual land use public hearing and the best practices to proceed in these virtual times. You can view the webinar here!
If you have questions about a local government order or an upcoming virtual public hearing, email us.
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