Gov. DeSantis suspends on-site dining in restaurants

On March 20, Governor DeSantis issued Executive Order Number 20-71. To summarize, the order suspends on-premises food consumption for customers. Food establishments and restaurants may operate their kitchens for the purpose of providing delivery or take-out services. It also allows restaurants and food establishments to sell and deliver alcoholic beverages in sealed containers for consumption off-premises. Lastly, the order includes the closure of gymnasiums and fitness centers within the State of Florida.

The order is as follows:

Section 1. Alcohol Sales

A. I hereby order all vendors licensed to sell alcoholic beverages for consumption on the premises to suspend the sale of alcoholic beverages by the drink or in sealed containers for consumption on the premises. Such vendors may continue to sell alcoholic beverages in sealed containers for consumption off-premises.

B. The restriction in section 561.20(2)(a)4., Florida Statutes, prohibiting a specially licensed food service establishment from selling package sales of alcohol for delivery, take-out or consumption off-premises is suspended for restaurants complying with Executive Order 20-68, through the expiration of the state of emergency declared in Executive Order 20-52, including any extensions, so long as the following conditions are met:

1.  Any sale of an alcoholic beverage in a sealed container for consumption off-premises is accompanied by the sale of food within the same order; and
2. Any delivery of an alcoholic beverage complies with section 561.57, Florida Statutes.

C. The provisions of section 561.42, Florida Statutes, and Rules 61A-l.010, 61A-l.0107, 61A-l.0108, Florida Administrative Code, are suspended for the limited purpose of allowing licensed vendors of alcoholic beverages to request the return of undamaged alcoholic beverages purchased for events cancelled in response to COVID-19, so long as:

1. The requests are made within 30 days of the expiration of the state of emergency declared in Executive Order 20-52, including any extensions.
2. Vendors shall make and keep records of all events cancelled in response to COVID-19 that comply with section 561.55, Florida Statutes, and Rule 61A-l.01028(2), Florida Administrative code, and also include: the event name; the date the event was to be held; the date the event was cancelled; the location of the event or gathering that was cancelled; and the product returned to a distributor as a result of the cancellation of the event.
3. Licensed distributors shall make and keep records of all returns that comply with the record keep requirements of section 561.55, Florida Statutes, and Rule 61A-1.01028(2), Florida Administrative code, and also include: the request from the licensed vendors; the date the request was made; the identity of the licensed vendor making the request, including the licensed vendor’s business name and address; the license number o f the licensed vendor making the request; the product returned; and whether the vendor received cash or credit.
4. Vendors receive cash or a credit against outstanding indebtedness within sixty days from the date the distributor picks up the products.
5. The returned products were not initially purchased, sold, or otherwise obtained with either the privilege of return, or in any other manner that would be considered a violation of Florida’s Beverage Law.

D. This Section does not prohibit retail stores and vendors that currently sell sealed containers of alcoholic beverages for off-premises consumption from continuing such sales for off premises consumption.

E. This Section amends and supersedes Executive Order 20-68, Section 1.

Section 2. Restaurants and Bars

I hereby order all restaurants and food establishments licensed under Chapters 500 and 509, Florida Statues, within the State of Florida to suspend on-premises food consumption for customers. Notwithstanding the foregoing, such establishments may operate their kitchens for the purpose of providing delivery or take-out services. Employees, janitorial personnel, contractors and delivery personnel shall be allowed access to such establishments for the purposes of delivery or take-out services. This Section amends and supersedes Executive Order 20-68, Sections 3(A)- (B).

Section 3. Gyms and Fitness Centers

I hereby order the closure of gymnasiums and fitness centers within the State of Florida. This order shall not apply to gymnasiums and fitness centers which are: (i) amenities of hotels which have a capacity of 10 persons or less, (ii) are an amenity of a residential building, (iii) are interior to any fire or police stations or (iv) are located inside any single-occupant office building.

Section 4. Enforcement and Implementation

A. The Department ofBusiness and Professional Regulation shall utilize its authorities under Florida law to further implement and enforce the provisions of this Executive Order and shall take additional measures as necessary to protect the public health, safety and welfare.

B. Pursuant to section 252.36(6), Florida Statutes, all state and local law enforcement shall further implement and enforce the provisions o f this Executive Order.

Section 5. This Executive Order shall expire upon the expiration of Executive Order 20-52, including any extensions.