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We understand that your business is multifaceted and new federal, state and local government actions are impacting your daily operations. In response to this crisis, we’ve established a statewide, multidisciplinary COVID-19 team working collaboratively to provide you with government updates, alerts on critical topics, and resources in real time.

Together, we are dedicated to helping you navigate the full range of issues impacting your business and providing clear, practical, forward-thinking strategies to adapt to this rapidly changing environment.

Please email our team with questions.
 
All actions described below are as of May 28, 2020. We have done our best to include significant, timely information, although new orders and actions are being introduced continuously.
  • Changes to Payment Protection Program (“PPP”): The House passed HR 7010, the Payment Protection Program Flexibility Act of 2020, which is legislation that would provide more flexibility in how PPP funds are used by small businesses. The bill would reduce the share of PPP funds small businesses are required to spend on payroll from 75% to 60%, extend the window to use the funds from eight weeks to 24 weeks, push back the deadline to rehire workers from June 30 to the end of the year, and extend the time recipients have to repay the loan. The Senate will consider the bill when they return from Memorial Day recess.
  • PPP Funds Set Aside: The SBA and the U.S. Treasury Department announced that they are setting aside $10 billion of funding for the PPP to be lent exclusively by Community Development Financial Institutions (CDFIs), to ensure funds are available to small businesses in all communities. CDFIs, which have already approved more than $7 billion in PPP loans, work to expand economic opportunity in low-income communities by providing access to financial products and services for local residents and businesses.
  • SBA Releases PPP Loan Forgiveness Application: The SBA released the PPP Loan Forgiveness Application, along with detailed instructions for the application, consistent with the CARES Act. The SBA will also soon issue regulations and guidance to further assist borrowers as they complete their applications, and to provide lenders with guidance on their responsibilities.
  • Executive Order on Regulatory Relief: In addition to the ongoing economic assistance, the President signed an Executive Order ("EO") on May 19, 2020 to reduce the regulatory burden on Americans as the economy reopens. Among its forms of ordered relief, the heads of all agencies shall identify regulatory standards that may inhibit economic recovery. Once identified, the agencies are to temporarily or permanently rescind, modify, waive, or exempt persons or entities from those requirements, and to consider exercising appropriate temporary enforcement discretion or appropriate temporary extensions of time as provided for in enforceable agreements with respect to those requirements, for the purpose of promoting job creation and economic growth. Although the EO grants broad authority to the agencies to assist, all agency actions shall remain in accordance with law and the EO stated policy in its first section.
  • Health and Economic Relief: HR6800, the Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act), was introduced to the House on May 12, 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 legislation was passed by the House on May 15, 2020. 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.
  • 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.
  • Frequently Asked Questions ("FAQ") for 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.
  • Supplemented Interim Rule for PPP: On May 5, 2020, the SBA supplemented its interim final rule for the PPP that particularly applies to nonprofit loan applicants. This rule provides guidance that for purposes of the PPP, nonprofits must meet their nondiscrimination obligations under existing Federal laws and Executive Orders and on the religious employer exemptions set forth in Section 702 of Title VII. For small educational institution applicants, the rule makes it clear that applicants can discount work study students when calculating their number of employees. The rule is effective without advance notice and public comment, but comments are requested.
  • Review Procedure for PPP: The SBA announced the review of all loans in excess of $2 million, in addition to other loans, as appropriate, following the lender’s submission of the borrower’s loan forgiveness application. Regulatory guidance implementing this procedure will be forthcoming.
  • Updated Interim Rule for PPP: The SBA released an interim final rule related to the PPP requirements for corporate groups and non-bank and non-insured depository institutions lenders. This rule supplements previously posted interim final rules by limiting the amount of PPP loans that any single corporate group may receive, providing additional guidance on the criteria for non-bank lender participation, and requesting public comment.
  • Main Street Lending Program Expanding: The Federal Reserve announced the expansion of the Main Street lending program. The expansion allows businesses with up to 15,000 employees to apply (increase from 10,000), raises the revenue limit to $5 billion (from $2.5 billion), and provides additional types of loans.
  • Food Supply Chain: On April 28, 2020, President Trump signed an Executive Order directing the Secretary of Agriculture to take all appropriate action to ensure that meat and poultry processors continue operations consistent with the guidance jointly issued by the Centers for Disease Control and the Occupational Safety and Health Administration. The Secretary of Agriculture shall issue orders and adopt and revise appropriate rules and regulations as may be necessary “to ensure that these plants are allowed to operate to produce the meat protein that Americans need.” (Press Release No. 0234.20)
  • Economic Relief and Assistance: On April 24, 2020, President Trump signed HR 266, the PPP and Health Care Enhancement Act, to provide a new round of COVID-19 aid funding. The $484 billion relief package includes $321 billion for the depleted PPP created as part of the CARES Act (including $60 billion set aside for loans made by community-based banks and smaller lenders), $60 billion in loans and grants for economic disaster assistance through the Small Business Administration, $75 billion for hospitals and $25 billion for COVID-19 testing. Please see our previous update for more details on the CARES Act.
  • PPP Guidance Issued: The Treasury Department has issued Frequently Asked Questions (FAQ) related to loans made under the PPP. Part of the document is addressed to borrowers that are large, public companies. FAQ #31 indicates that a borrower should carefully review the required certification that "current economic uncertainty makes the loan request necessary to support the ongoing operations of the Applicant."
  • Guidance for Elective Medical Procedures:The Centers for Medicare & Medicaid Services issued recommendations encouraging states or regions where there is a low incidence of COVID-19 to begin providing nonessential medical services and procedures.
  • Reopening: On April 16, 2020, President Trump released proposed guidelines for returning the country to operation in a three-phased approach. The guidelines are to be implemented based on each state governor's discretion on a statewide or county-by-county basis. For each phase, guidelines are provided for individuals and employers. More detailed considerations are provided for specific types of employers (e.g., senior care facilities and hospitals, large venues, gyms and bars).
  • Guidance for Elective Medical Procedures:The Centers for Medicare & Medicaid Services issued recommendations encouraging states or regions where there is a low incidence of COVID-19 to begin providing nonessential medical services and procedures.
  • Federal Reserve Unveils Emergency Programs: The Federal Reserve announced emergency programs that could provide more than $2 trillion in loans to businesses of all sizes, as well as to state and local governments. The programs, created to keep the economy afloat, will be backed by $165 billion from the CARES Act, as well as $30 billion that the Treasury Department had previously committed.
  • When Can Exposed Essential Workers Return to Work?: The CDC has provided interim guidance with precautions and protocols for critical infrastructure workers who may be permitted to continue working safely, even following potential exposure to COVID-19. The return to work is conditioned that the workers are asymptomatic and additional precautions are implemented to protect them and the community.
  • CDC Guidelines for Florida: Because each state is unique and offers different challenges, the Center for Disease Control (CDC) offers state specific guidance when appropriate. The CDC especially considered Florida’s “large older adult population” in issuing its recommendations for implementation of COVID-19 mitigation for the state. As is often the case in this rapidly evolving response, although some of these guidelines may be superseded by EO 20-91, these guidelines may be helpful to those essential businesses or activities which are still permitted or necessary.
  • Florida Disaster Declaration Approved: On March 25, 2020, Florida became the seventh state declared as a major disaster area by President Trump due to the effects of the COVID-19 Pandemic. With this declaration, Florida is eligible for federal funding for various response actions. Gracia Szczech has been appointed as the Federal Coordinating Officer for the state.
  • Paid Sick and Emergency Leave: President Trump signed the Families First Coronavirus Response Act, a multibillion-dollar package that provides paid sick and emergency leave to employees who become infected with COVID-19 or are dealing with family members who are infected. View our Labor and Employment Group update for more information on how this new law affects employers.
  • Federal Tax Filings: Federal taxes filing deadline for individuals and corporations automatically postponed to July 15. In addition, the IRS has created a special website for Coronavirus Tax Relief.
  • State and Local Government Agency Power: State of emergency declared through May 8 that covers all of Florida and gives broad powers to state and local government agencies. Click for more.  Pursuant to this order, various government agencies and departments have released emergency orders. A comprehensive listing of Florida government agency orders that we have collected to date is summarized in an easy-to-read matrix. Highlighted actions are new (May 22-28) since last issue.
  • Youth Activities Order: All youth sports, clubs, teams, leagues and programs may operate normally. Additionally, recreation and summer camps may operate in spite of COVID-19 orders. Click for more.
  • Youth Activities: Governor Ron DeSantis announced that all state-issued restrictions on youth activities due to COVID-19, which includes summer camps and youth sports, will be lifted, effective immediately. Click for more.
  • Association Emergency Powers to End: As of June 1, 2020 emergency powers and a tolling of financial requirements will end for condominium, cooperative, and homeowner associations. Additionally, public health officials will no longer be identified as emergency management officials. Click for more.
  • Delayed Elections Rescheduled: Elections in Dade City and San Antonio that were delayed due to COVID-19 have been scheduled to take place on June 30, 2020. Click for more.
  • 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.
  • Phase 1 Expanded (All Counties): Beginning on May 18, 2020, the Phase 1 recovery will include all counties. Initially, the Phase 1 plan continued to restrict Palm Beach, Broward and Miami-Dade Counties. Click for more.
  • 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.
  • 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.
  • 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.
  • Extension of State of Emergency: Executive Order 20-52, which declares a state of emergency in Florida, has been extended for 60 days. Click for more
  • Re-opening of Barber Shops, Hair Salons and Nail Salons: Governor DeSantis announced that all counties currently in Phase 1 are allowed to re-open barber shops, hair salons and nail salons with enhanced safety protocols, effective Monday, May 11. Click for more
  • Limit on In-Person Court Proceedings Extended, Type of Virtual Hearings Expanded: The Florida Supreme Court extended many previously enacted COVID-19 protection measures while also directing lower courts to proceed on hearings amenable to remote execution. Click for more
  • Phase 1: Safe. Smart. Step-by-Step. Plan for Florida's Recovery: Upon the expiration of the State Stay at Home Order, some business will be allowed to re-open with limitations to limit spread of COVID-19.  Click for more.
  • Florida Corporate Income Tax Due Date Extended: The due date for corporate tax returns for entities with fiscal years ending in late 2019 or early 2020 has been extended to August 3, 2020. Additionally, entities with a fiscal year ending in December, 2019 have an extra month to make their tax payments. Click for more.
  • Extension of State Stay at Home Order and Vacation Rental Closures: The Stay at Home Order has been extended until May 4, to coincide with the beginning of the Phase 1 Recovery Order. Additionally, the Vacation Rental Closure order has been extended and will be extended into the Phase 1 Recovery. Click for more.
  • Governor's Re-Open Florida Task Force: Governor Ron DeSantis has created a task force to help guide the state as it weighs the decision to reopen amid the COVID-19 outbreak. The final report of the Task Force has been released. Click for more.
  • Court Operations Workgroup: The "Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19" was established to develop recommendations to continue and re-establish court operations across Florida. Click for more.
  • Extension of Vacation Rental Closures: Vacation rental suspension extend until April 30. No reservations or check-ins allowed for Airbnb and VRBO-type rentals until the order expires. The order excludes hotels, inns, resorts, time-shares, and long-term rentals. Click for more.
  • Unemployment Reporting Requirements Suspended: The requirement for unemployment claimants to report that they are “seeking work” is suspended during the COVID-19 state of emergency. Click for more.
  • Essential Service List Additions: The "essential services" list of E0 20-91 is expanded to include urgent counseling services, theme park and zoo maintenance, and professional sports media production. Click for more.
  • Documentary Stamps for SBA Loans: The Executive Order suspended the assessment and collection of documentary stamps required under Chapter 201, Florida Statutes, for all notes and other written obligations made pursuant to Title I of the CARES Act. Click for more.
  • Municipal Elections in Pasco County: The Executive Order delayed the municipal elections scheduled for April 14, 2020 for the cities of San Antonio, Dade City, and Zephyrhills in Pasco County. A subsequent Executive Order will be issued with the rescheduled date of the municipal elections. Click for more.
  • Foreclosure and Eviction Tolling: Actions to foreclose mortgages and evict residential renters are suspended and tolled for 45 days. The order does not relieve or forgive any debts. Click for more.
  • Reemployment Support: All executive agencies are directed to support the DEO and its overwhelmed reemployment assistance program. The DEO will beef up its call center and internet operations, as well as expand its program to include paper applications. Click for more.
  • Stay-At-Home Order: Governor Desantis has placed the state under a Stay-At-Home order to begin at 12:01am on Friday, April 3, 2020. The order limits your actions out of the home to "Essential Services" and "Essential Activities" and directs the elderly and those at risk to stay home. Click for more.
  • Association Emergency Powers: Condominium, cooperative, and homeowners associations are allowed to enact emergency powers to respond to the COVID-19 emergency without the limitation of responding "to damage caused by and event" found in the Florida statutes, so long as they act in accordance with their governing documents. Click for more.
  • Public Health Advisory: The advisory limits social gatherings to 10 people and encourages remote working. Additionally, citizens over 65 and those with underlying health conditions are advised to stay home and take safety measures to avoid COVID-19 exposure. Click for more.
  • Travel: Restriction and quarantine placed on Florida visitors is expanded. Travelers from areas with substantial community spread coming to the state by both air and auto are directed to isolate and quarantine for 14 days and notify anyone they have come into direct contact with. Checkpoints on major roadways are in use. Click for more.
  • Vacation Rental Closures: Vacation rentals are suspended for 14 days. No check-in is allowed until April 10, 2020. The order notably excludes hotels, inns, resorts, time-shares, and long-term rentals. It can be seen as largely limiting Airbnb and VRBO-type rentals. Click for more.
  • Recreational Boating Restrictions: Recreational boaters are directed to keep occupancy to 10 or less and keep 50 feet apart when anchored or moored away from a marina or permanent wet slip. Click for more.
  • Florida Education Code Relaxed: The Department of Education waived the normally required "strict adherence" to the Education Code. With schools closed, online education is being implemented and state assessments have been cancelled for the year. Click for more.
  • Miami-Dade, Broward, Palm Beach, and Monroe County Stay-At-Home Order: Due to a high volume and percentage of COVID-19 cases, these hardest hit counties are under tighter restrictions than the rest of the state in an effort to control the rapid spread. Click for more.
  • Healthcare: Medically unnecessary, non-urgent, or non-emergency procedures and surgery (including dentistry) are prohibited during the state of emergency. Click for more
  • Restaurants and Gyms: Restaurants and food establishments are required to suspend on-premises food and alcohol consumption during the state of emergency. Take-out and delivery are permitted with special permission to deliver alcohol during the on-premises suspension. Most gyms are required to close their doors until the state of emergency is lifted. Click for more.
  • Local Government Meetings: To ensure municipalities can continue to operate, local governments are temporarily allowed to meet via telephonic or video conference. Click for more.
  • Jury Trials: The Florida Supreme Court issued a new order suspending jury trials statewide through April 17.
  • Court Proceedings and State Courts: Nonessential and noncritical proceedings are postponed, rescheduled, or cancelled, unless they can be conducted remotely. "Essential" proceedings will continue, but courts are to be conducted in a way to minimize exposure risk. Click for more.
  • Small Business Loans: The Department of Economic Opportunity began implementation of the Florida Small Business Emergency Bridge Loan Program to provide short-term, interest-free loans to small businesses experiencing economic injury. The application period is open through May 8, 2020. Click for more.
  • Recommended Business Strategies: The Florida Department of Health has provided recommended strategies for businesses during the COVID-19 public health crisis. These recommendations include: encouraging sick employees to stay home; separating sick employees; performing routine environmental cleaning; and advising employers before traveling to follow CDC guidance. Click for more.

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 each government's orders, organized by date.

LOCAL GOVERNMENT REOPENING PROCESS CONTINUES

Local governments are following the State’s lead in following the Governor’s Executive Order 20-112 (Phase 1: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery), particularly with the reopening of vacation rentals. Vacation rental reopening plans are required to receive approval from the State.  Many gulf coast counties have sought and obtained approval for their vacation rental reopening plans from the State, thereby allowing rentals to resume.

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! 

COVID News Update, Government & Administrative News Update, Government Affairs News Update, Land Development News Update, Publications: COVID Legal Compass | Edition 10
Stearns Weaver Miller News Update|May 2020|S. Elise Batsel, Reggie L. Bouthillier, Jessica M. Icerman, Marco T. Paredes, Jr., Kevin Reali, Gigi Rollini, F. Joseph Ullo, Jr.

COVID News Update, Government & Administrative News Update, Government Affairs News Update, Land Development News Update, Publications: COVID Legal Compass | Edition 9
Stearns Weaver Miller News Update|May 2020|S. Elise Batsel, Reggie L. Bouthillier, Jessica M. Icerman, Marco T. Paredes, Jr., Kevin Reali, Gigi Rollini, F. Joseph Ullo, Jr.

COVID News Update, Government & Administrative News Update, Government Affairs News Update, Land Development News Update, Publications: COVID Legal Compass | Edition 8
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COVID News Update, Government & Administrative News Update, Government Affairs News Update, Land Development News Update, Publications: COVID-19 Legal Compass | COVID-19 Updates | Edition 7
Stearns Weaver Miller News Update|May 2020|S. Elise Batsel, Reggie L. Bouthillier, Jessica M. Icerman, Marco T. Paredes, Jr., Kevin Reali, Gigi Rollini, F. Joseph Ullo, Jr.

COVID News Update, Government & Administrative News Update, Government Affairs News Update, Land Development News Update, Publications: COVID-19 Legal Compass | COVID-19 Updates | Edition 6
Stearns Weaver Miller News Update|May 2020|S. Elise Batsel, Reggie L. Bouthillier, Jessica M. Icerman, Marco T. Paredes, Jr., Kevin Reali, Gigi Rollini, F. Joseph Ullo, Jr.

COVID News Update, Government & Administrative News Update, Government Affairs News Update, Land Development News Update, Publications: COVID-19 Legal Compass | COVID-19 Updates | Edition 5
Stearns Weaver Miller News Update|April 2020|S. Elise Batsel, Reggie L. Bouthillier, Jessica M. Icerman, Marco T. Paredes, Jr., Kevin Reali, Gigi Rollini, F. Joseph Ullo, Jr.

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Stearns Weaver Miller News Update|April 2020|S. Elise Batsel, Reggie L. Bouthillier, Jessica M. Icerman, Marco T. Paredes, Jr., Kevin Reali, Gigi Rollini, F. Joseph Ullo, Jr.

COVID News Update, Government & Administrative News Update, Government Affairs News Update, Land Development News Update, Publications: COVID-19 Legal Compass | Timely and Significant COVID-19 Updates | Edition 3
Stearns Weaver Miller News Update|April 2020|S. Elise Batsel, Reggie L. Bouthillier, Jessica M. Icerman, Marco T. Paredes, Jr., Kevin Reali, F. Joseph Ullo, Jr., Gigi Rollini

COVID News Update, Government & Administrative News Update, Government Affairs News Update, Land Development News Update, Publications: COVID-19 Legal Compass | Timely and Significant COVID-19 Updates | Edition 2
Stearns Weaver Miller News Update|April 2020|S. Elise Batsel, Reggie L. Bouthillier, Jessica M. Icerman, Marco T. Paredes, Jr., Kevin Reali, F. Joseph Ullo, Jr.

COVID News Update, Government & Administrative News Update, Publications: $2 Trillion CARES Act - What You Need To Know
Stearns Weaver Miller News Update |April 2020|Marco T. Paredes, Jr.

COVID News Update, Labor & Employment News Update, Publications: DOL Provides More Guidance on the FFCRA
BeLabor The Point Blog|March 2020|Ingrid H. Ponce

Ad Valorem Tax News Update, COVID News Update, Publications: 2019 Property Tax Deadline EXTENDED for All Florida Counties | Due April 15
Stearns Weaver Miller News Update|March 2020|Morgan A. McDonough, Michael P. Paparesta, Ph.D., Sabrina Weiss Robinson

COVID News Update, Labor & Employment News Update, Publications: DOL Issues New FFCRA Poster and Further Guidance
BeLabor The Point Blog|March 2020|Lisa K. Berg, Ingrid H. Ponce, Andrew L. Rodman, Robert S. Turk

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COVID News Update, Firm Announcements: COVID-19 - Stearns Weaver Miller Offices Fully Operational
March 2020

Ad Valorem Tax News Update, COVID News Update, Publications: Miami-Dade County Tangible Personal Property Return Deadline Extensions
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Ad Valorem Tax News Update, COVID News Update, Publications: 2019 Property Tax Deadline NOT EXTENDED FOR MOST COUNTIES | Due March 31
Stearns Weaver Miller News Update|March 2020|Morgan A. McDonough, Michael P. Paparesta, Ph.D., Sabrina Weiss Robinson

COVID News Update, Labor & Employment News Update, Publications: Federal Paid Leave Law Signed by President Trump
BeLabor The Point Blog|March 2020|Sharon Quinn Dixon, Andrew W. McLaughlin, Ingrid H. Ponce, Andrew L. Rodman, Robert S. Turk, Elitsa V. Yotkova, Lisa K. Berg

COVID News Update, Publications: Coronavirus Disease 2019 (COVID-19): What Employers Need to Know
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