UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 0:20-cv-61113

CODY BARNETT, WILLIAM BENNET,

CHRISTOPHER BROWN, JESSE

CALLINS, GREGORY DUNNING,

BERNARD FRANKLIN, RICARDO

GONZALES GUERRA, HEATHER LEWIS,

ROBERT MORRILL, SAMUEL PAULK,

HELEN PICIACCHI, DARIUS WALKER

GREAVES and TODD WATSON, on their

own and on behalf of a class of similarly

situated persons,

Plaintiffs / Petitioners,

DISABILITY RIGHTS FLORIDA, INC.,

Plaintiff,

v.

GREGORY TONY, in his official capacity as

Sheriff of Broward County,

Defendant/Respondent.

DEFENDANT'S REQUEST FOR JUDICIAL NOTICE

COMES NOW the Defendant, GREGORY TONY, in his official

capacity as Sheriff of Broward County (BSO), by and through its

undersigned attorneys, and pursuant to Fed. R. Evid. 201(c)(2)

respectfully requests that this Court take judicial notice of specific

adjudicative facts, and states:

1

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Background

BSO runs the Broward County Jail (Jail). [DE 1 at p. 22, ¶ 43].

This matter began as an Eighth/Fourteenth Amendment and federal

civil rights law claim that BSO was deliberately indifferent to the

constitutional rights of Jail detainees/inmates in addressing the

then-emerging COVID-19 pandemic. [DE 1, passim] .1

BSO well-knew Plaintiffs' claims of deliberate indifference were

hyperbole. Yet BSO recognized that the never-before-seen gravity of

the COVID pandemic and the significant public interest

considerations surrounding it warranted cooperation rather than

confrontation with the institutional Plaintiffs. So rather than

unnecessarily litigate the doubtful constitutional issues, BSO

responsibly opted to discuss resolution. [DE 20 at pp. 1-2, TT 4, 5;

DE 23 at p. 2, ¶¶ 7,8; DE 25 at p. 2, unnumbered paragraph; et al.]

which culminated in a November 24, 2020, settlement agreement.

[DE 49-1; DE 103-1]. On May 13, 2021, this Court, inter alia,

rendered its final approval of the settlement agreement. [DE 112].

1 Actually, Plaintiffs' declared ambition, prioritized as "first and

foremost," was the en masse release of the Jail population via writs

of habeas corpus. [DE 1 at p. 1, title; p. 7, ¶ 10]. That never

happened.

2

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Necessity forjudicial notice

part:

Paragraph 25 of the settlement agreement provides, in pertinent

25. This Agreement shall expire in its entirety upon

the earliest of:

A. Twelve (12) months from the date of final approval

of the Agreement if the COVID-19 emergency orders

("Emergency Orders") for both the State of Florida and

Broward County have been lifted as of that date[.]

[DE 49-1 at p. 6; DED 103-1 at p. 6] (emphasis added). Judicial

notice of adjudicative facts related to the 2021 "lifting" of the

Emergency Orders is necessary to confirm the May 13, 2022, selfexecuting twelve (12) month expiration of the settlement agreement.

Applicable law

Pertinent excerpts of Federal Rule of Evidence 201 provide:

(b) Kinds of Facts That May Be Judicially Noticed. The

court may judicially notice a fact that is not subject

to reasonable dispute because it:

(1) is generally known within the trial court's

territorial jurisdiction; or

(2) can be accurately and readily determined from

sources whose accuracy cannot reasonably be

questioned.

3

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 3 of 24
(c) Taking Notice. The court:

(2) must take judicial notice if a party requests it

and the court is supplied with the necessary

information.

(d) Timing. The court may take judicial notice at any

stage of the proceeding.

Facts proper forjudicial notice subjudice

1. Florida's COVID-19 state of emergency ended on

Saturday, June 26, 2021.

On March 9, 2020, Florida Governor DeSantis issued Executive

Order (E.O.) 20-52, declaring a sixty (60) day state of emergency

statewide due to COVID-19. 2 Subsequent gubernatorial E.O.s

extended the E.O. 20-52 state of emergency several times, each for

60 days.3 The Governor last issued an extension on April 27, 2021,

via E.O. 21-94.4 By law, E.O. 21-94 expired 60 days later, on

Saturday, June 26, 2021. Exhibit B; Fla. Stat. § 252.36(b).

2 E.O. 20-52 is attached to this request and made a part as Exhibit

A.

3 In accordance with Florida's State Emergency Management Act,

Chapter 252, Florida Statutes, generally, and Fla. Stat. § 252.36(1)(b)

and (2), specifically.

4 E.O. 21-94 is attached as Exhibit B.

4

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The recited fact is generally known within this Court's territorial

jurisdiction and can be accurately and readily determined from the

cited, attached sources. Upon this request, the fact is proper for

judicial notice. Fed. R. Evid. 201(c)(2).

2. Broward County's local state of emergency ended on

Thursday, July 1, 2021.

On May 3, 2021, Florida Governor DeSantis issued E.O. 21-

101, "Invalidating All Remaining Local Emergency Orders Based on

the COVID-1 9 Emergency," and E.O. 21-102, "Suspending All

Remaining Local Government Mandates and Restrictions Based on the

COVID-1 9 State of Emergency." 5 E.O. 21-102 was immediately

effective; E.O. 21-101 became effective on July 1, 2021. Exhibit D;

Exhibit C; Fla. Stat. § 252.6

The recited fact is generally known within this Court's

territorial jurisdiction and can be accurately and readily determined

from the cited, attached sources. Upon this request, the fact is proper

5 E.O. 21-101 is attached as Exhibit C; E.O. 21-102 is attached as

Exhibit D.

6 "The Governor may, at any time, invalidate an emergency order

issued by a political subdivision if the Governor determines that such

order unnecessarily restricts individual rights or liberties." Fla. Stat.

§252.38(4)(d).

5

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for judicial notice. Fed. R. Evid. 201(c)(2).

WHEREFORE, Defendant, BSO, respectfully requests that this

Court enter an order judicially noticing the two adjudicative facts

recited in this request.

CERTIFICATEOFSERVICE

I HEREBY CERTIFY that on this 20th day of April 2022, I

electronically filed the foregoing document with the Clerk of Court by

using the CM/ECF system. I further certify that I either mailed the

foregoing document and the Notice of Electronic Filing by first class

mail to any non-CM/ECF participants and/or the foregoing

document was served via transmission of Notice of Electronic Filing

generated by CM/ECF to any and all active CM/ECF participants.

JOHNSON, ANSELMO, MURDOCH,

BURKE, PIPER 86 HOCHMAN, P.A.

Attorneys for Defendant, Gregory Tony

2455 East Sunrise Boulevard, Suite 1000

Fort Lauderdale, Florida 33304

Tel: (954) 463-0100

Fax: (954) 463-2444

/s/Michael R.Piper

Michael R. Piper

Florida Bar No.: 710105

6

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SERVICELIST

Benjamin James Stevenson, Esq.

ACLU Foundation of Florida

Attorneys for Plaintiffs/Petitioners

3W. Garden Street, Suite 712

Pensacola, FL 32502

Bar No.: 598909

Tel: (786) 363-2738

bstevensongaclufLorg

Anjana Samant, Esq.

Steven Watt, Esq.

AMERICAN CIVIL LIBERTIES UNION FOUNDATION

120 Broad Street, 18th Floor

New York, NY 10004

Tel: (212) 549-2500

asamantgaclu.org

swattAaclu.org

Brian Stull, Esq.

AMERICAN CIVIL LIBERTIES UNION FOUNDATION

201 W. Main Street, Suite 402

Durham, NC 27701

Tel: (919) 682-9469

bstull@aclu.org

Eric Balaban, Esq.

AMERICAN CIVIL LIBERTIES UNION FOUNDATION

915 15th Street, N.W.

Washington, D.C. 20005

Tel: (202) 393-4930

ebalaban@aclu.org

Suhana S. Han, Esq.

Akash M. Toprani, Esq.

SULLIVAN 85 COMPWELL, LLP

125 Broad Street

New York, NY 10004

Tel: (212) 558-4000

hansgsullcrom.corn

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 7 of 24
topraniagsullcrom.corn

Jacqueline Nicole Azis, Esq.

ACLU Foundation of Florida

4023 N. Armenia Ave, Suite 450

Tampa, FL 33607

Bar No.: 101057

Tel: (786) 363-2708

jazisAaclufl.org

Daniel Tilley, Esq.

ACLU Foundation of Florida

4343 W. Flagler Street, Suite 400

Miami, FL 33134

Bar No.: 102882

Tel: (786) 363-2714

dtilleygaclufl.org

Curtis Filaroski, Esq.

Florida Bar No.: 111972

Kathryn Strobach, Esq.

Florida Bar No.: 670121

DISABILITY RIGHTS FLORIDA, INC.

1000 N. Ashley Drive, Suite 640

Tampa, FL 32308

Tel: (850) 488-9071

curtisf@disabilityrightsflorida.org

kathryns@disabilityrightsflorida.org

Michael R. Piper, Esq.

Christopher J. Stearns, Esq.

JOHNSON, ANSELMO, MURDOCH,

BURKE, PIPER 86 HOCHMAN, PA

Attorneys for Gregory Tony, as Sheriff of Broward County

2455 E. Sunrise Boulevard, Suite 1000

Fort Lauderdale, Florida 33304

Tel: (954) 463-0100

Fax: (954) 463-2444

piperAjambg.com / stearnsgjambg.corn

8

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STATE OF FLORIDA

OFFICE OF THE GOVERNOR

EXECUTIVE ORDER NUMBER 20-52

(Emergency Management - CO►VID-19 Public Health Emergency)

WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory

illness that can spread among humans through respiratory transmission and presents with

symptoms similar to those of influenza; and

WHEREAS, in late 2019, a new and significant outbreak of COVID-19 emerged in China;

WHEREAS, the World Health Organization previously declared COVID-19 a Public

Health Emergency of International Concern; and

WHEREAS, in response to the recent COVID-19 outbreak in China, Iran, Italy, Japan and

South Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to

prohibit or restrict non-essential travel to or from those countries; and

WHEREAS, on March 1, 2020, I issued Executive Order number 20-51 directing the

Florida Department of Health to issue a Public Health Emergency; and

WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer

declared a Public Health Emergency exists in the State of Florida as a result of COVID 19; and

WHEREAS, on March 7, 2020, I directed the Director of the Division of Emergency

Management to activate the State Emergency Operations Center to Level 2 to provide coordination

and response to the COVID-19 emergency; and

WHEREAS, as of March 9, 2020, eight counties in Florida have positive cases for

COVID-19, and COVID-19 poses a risk to the entire state of Florida; and

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WHEREAS, the CDC currently recommends community preparedness and everyday

prevention measures be taken by all individuals and families in the United States, including

voluntary home isolation when individuals are sick with respiratory symptoms, cover

and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often

with soap and water for at least 20 seconds, using of alcohol-based hand sanitizers with 60%-95%

alcohol if soap and water are not readily available and routinely cleaning frequently touched

surfaces and objects to increase community resilience sand readiness for responding to an outbreak;

recommends mitigation

experiencing an outbreak including staying at home when sick, keeping away from others who are

sick, limiting face-to-face contact with others as much as possible, consulting with your healthcare

provider if individuals or members of a household are at high risk for COVID-19 complications,

wearing a facemask if advised to do so by <a healthcare provider or by a public health official,

staying home when a household member is sick with respiratory disease symptoms if instructed to

do so by public health officials or a health care provider; and

WHEREAS, as Governor, I am responsible for meeting the dangers presented to this state

and its people by this emergency.

I, RON DESANTIS, as Governor of Florida, by virtue of the

authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapte

Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take

immediate effect•

Section 1. Because of the foregoing conditions, I declare a state of emergency exists in the

State of Florida.

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 10 of 24
Section2. I designate the Director of the Division of Emergency Management ("Director")

as the State Coordinating Officer for the duration of this emergency and direct him to execute the

State's Comprehensive Emergency Management Plan and other response, recovery, and mitigation

plans necessary to cope with the emergency. Additionally, I designate the State Health Officer

and Surgeon General as a Deputy State Coordinating Officer and State Incident Commander.

Pursuant to section 252.36(1)(a), Florida Statutes, I delegate to the State Coordinating

Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida

Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations o

section 252.33 Florida Statutes. In exercising the powers delegated by this Order, the State

Coordinating Officer shall confer with the Governor to the fullest extent practicable. The State

Coordinating Officer shall also have the authority to:

A. Seek direct assistance and enter into agreements with any and all agencies o

United States Government as nay be needed to meet the emergency.

B. Designate additional Deputy State Coordinating Officers, as necessary.

C. Suspend the effect of any statute, rule, or order that would in any way prevent,

hinder, of delay any mitigation, response, or recovery action necessary to cope with this

emergency.

D. Enter orders as may be needed to implement any of the foregoing powers; however,

the requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such

orders issued by the State Coordinating Officer; however, no such order shall remain in

beyond the exPiration of this Executive Order, to include any extension.

Section 3. I order the Adjutant General to activate the Florida National Guard, as needed,

o deal with this emergency.

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Section 4. I find that the special duties and responsibilities resting upon some State,

regional, and local agencies and other governmental bodies in responding to the emergency may

require them to suspend the application of the statutes, rules, ordinances, and orders they

administer. Therefore, I issue the following authorizations:

Pursuant to section 252.36(1)(a), Florida Statutes, the Executive Office of the

Governor may suspend all statutes and rules affecting budgeting to the extent necessary to provide

budget authority for state agencies to cope with this emergency. The requirements of sections

252.46 and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the

Executive Office of the Governor; however, no such suspension shall remain in effect beyond the

expiration of this Executive Order, to include any extension.

B. Each State agency may suspend the provisions of any regulatory statute prescribing

the procedures for conduct of state business or the orders or rules of that agency, if strict

compliance with the provisions of any such statute, order, or rule would in any way prevent, hinder,

or delay necessary action in coping with the emergency. This includes, but is not limited to, the

authority to suspend any and all statutes, rules, ordinances, or orders which affect leasing, printing,

purchasing, travel, and the condition of employment and the compensation of employees. For the

purposes of this Executive Order, "necessary action in coping with the emergency" mea

emergency mitigation, response, or recovery action: (1) prescribed in the State Comprehensive

Emergency Management Plan ("CEMP") or (2) ordered by the State Coordinating Officer. The

requirements of sections 252.46 and 120.54, Florida Statutes, shall not apply to

suspension issued by a State agency; however, no such suspension shall

the expiration of this Executive Order, to include any extensions,

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 12 of 24
C. In accordance with section 465.0275, Florida Statutes, pharmacists may dispense

up to a 30-day emergency prescription refill of maintenance medication to persons who reside in

an area or county covered under this Executive Order and to emergency personnel who have been

activated by their state and local agency but who do not reside in an area or county coy

Executive Order.

D. In accordance with section 252.38, Florida Statutes each political subdivision

within the State of Florida may waive the procedures and formalities otherwise required of the

political subdivision by law pertaining to:

1) Performance of public work and taking whatever prudent action is

necessary to ensure the health, safety, and welfare of the community;

2) Entering into contracts; however, political subdivisions are cautioned

against entering into time and' materials contracts without ceiling as defined by 2 CFR 200.318(j)

or cost plus percentage contracts as defined by 2 CFR 200.323(d);

3) Incurring obligations;

4) Employment of permanent and temporary workers;

)Utilization of volunteer workers;

6) Rental of equipment;

7) Acquisition and distribution, with or without compensation, of supplies,

materials, and facilities; and,

8) Appropriation and expenditure of public funds.

E. All State agencies responsible for the use of State buildings and facilities may close

such buildings and facilities in those portions of the State affected by this emergency, to the extent

necessary to meet this emergency. I direct each State agency to report the closure of any State

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 13 of 24
building or facility to the Secretary of the Department of Management Services. Under the

authority contained in section 252.36, Florida Statutes, I direct each County to report the closure

of any building or facility operated or maintained by the County or any political subdivision therein

to the Secretary of the Department of Management Services. Furthermore, I direct the Secretary

of the Department of Management Services to:

1) Maintain an accurate and up-to-date list of all such closures; and,

2) Provide that list daily to the State Coordinating Officer.

Section 5. I find that the demands placed upon the funds appropriated to the agencies of

the State of Florida and to local agencies are unreasonably great and the funds currently available

may be inadequate to pay the costs of coping with this emergency. In accordance with section

252.37(2), Florida Statutes, I direct that sufficient funds be made available, as needed, by

transferring and expending moneys appropriated for other purposes moneys from unappropriated

surplus funds, or from the Budget Stabilization Fund.

Section 6. All State agencies entering emergency final orders or other final actions in

response to this emergency shall advise the State Coordinating Officer contemporaneously or as

soon as practicable.

Section 7. Medical professionals and workers, social workers, and counselors with good

and valid professional licenses issued by states other than the State of Florida may render such

services in Florida during this emergency for persons affected by this emergency with the

condition that such services be rendered to such persons free of charge, and with the further

condition that such services be rendered under the auspices of, the American Red Cross or the

Florida Department of Health.

6

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Section 8. All activities taken by the Director of the Division of Emergency Management

and the State Health. Officer and Surgeon General with

issuance of this Executive Order are

this date unless extended.

ATTEST:

espect to this emergency before the

a ified. This Executive Order shall expire sixty days from

IN TESTIMONY WHEREOF, I have hereunto set

my hand and caused the Great Seal of the State of

Florida to be affixed, at Tallahassee, this 9th day of

March, 20

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 15 of 24
STATE OF FLORIDA

OFFICE OF THE GOVERNOR

EXECUTIVE ORDER NUMBER 21-94

(Emergency Management - Extension of Executive Order 20-52-COVID-19)

WHEREAS, on March 9, 2020, I issued Executive Order 20-52, subsequently extended,

declaring a state of emergency for the entire state due to COVID-19; and

WHEREAS, no state of emergency declared pursuant to the Florida Emergency

Management Act may continue for more than 60 days unless renewed by the Governor; and

WHEREAS, the impact of COVID-19 poses a continuing threat to the health, safety

and welfare of the State of Florida and its residents; and

WHEREAS, an extension of Executive Order 20-52, as extended, is necessary to

ensure Florida schools remain open for the remainder of the school year and to protect

Floridians from being required to produce a so-called vaccine passport as a condition of

participating in everyday life; and

WHEREAS, the state continues to implement budgetary response efforts to help

Floridians to the greatest extent possible; and

WHEREAS, as Florida recovers and re-launches its economy, I am committed to providing

all available resources to assist Floridians and local communities with their efforts.

NOW, THEREFORE, I, RON DESANTIS, 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, to take immediate effect:

Section 1. The state of emergency declared in Executive Order 20-52, as extended by

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 16 of 24
Executive Orders 20-114, 20-166, 20-192, 20-213, 20-276, 20-316, and 21-45 will be extended for

60 days following the issuance of this order for the entire State of Florida.

Section 2. All actions taken by the Director of the Division of Emergency Management

as the State Coordinating Officer with respect to this emergency before the issuance of this

Executive Order are ratified, and he is directed to continue to execute the State's

Comprehensive Emergency Management Plan and other response, recovery, and mitigation

plans necessary to cope with the emergency.

Section 3. As Florida continues to realize a manageable trend in COVID-19 cases, over

8.5 million vaccinated individuals, a 4.7 % unemployment rate well under the national average,

and state revenues improving significantly from worst-case projections during the pandemic,

gaining $4.1 billion additional projected revenue over three fiscal years from the August 2020

estimate, the state should prepare to resume non-emergency operations.

Section 4. Except as amended herein, Executive Order 20-52, extended by Executive

Orders 20-114, 20-166, 20-192, 20-213, 20-276, 20-316, and 21-45 is ratified and reaffirmed.

IN TESTIMONY WHEREOF, I have hereunto set my

hand and caused the Great Seal of the State of

Florida to be affixed, at Tallahassee, this 27th day of

April, 2021.

ON DESA TIS, GOV :R.

ATTEST:

4TARY OF STATE

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STATE OF FLORIDA

OFFICE OF THE GOVERNOR

EXECUTIVE ORDER NUMBER 21401

(Invalidating All Remaining Local Emergency Orders Based on the COVID-19 Emergency)

WHEREAS, on March 9, 2020, I issued Executive Order 20-52, subsequently extended,

declaring a state of emergency for the entire State of Florida as a result of COVID-19; and

WHEREAS, the State of Florida led the national effort to distribute COVID-19 vaccin

to seniors first and has no ovided vaccines to nearly 9 million people; and

WHEREAS, every Floridian who desired a vaccine is eligible to obtain on

now maintains a sufficient supply of COVID-19 vaccines 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, on April 29, 2021, Surgeon General Dr. Scott Rivkees issued a Public Health

Advisory (1) 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) advis

government offices to resume in-person operations and services; and

WHEREAS, due to the tremendous steps the State has taken to protect Flo

vulnerable populations and apidly offer vaccines to every eligible Floridian who desires one, local

communities lack justification in continuing to impose covID-related emergency orders

restricting the rights and liberties of their citizens; and

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WHEREAS, on May 3, 2021, I signed into law SB 2006 — Emergency Management —

which provides, effective July 1, 2021, that any emergency order issued by a political subdivision

must be narrowly tailored to serve a compelling public health or safety purpose, must be limited

in duration, applicability, and scope in order to reduce any infringement on individual rights or

liberties to the greatest extent possible, and may be invalidated by the Governor at any time, if the

Governor determines that such order unnecessarily restricts individual rights or liberties; and

WHEREAS, it is my determination that the remaining emergency orders issued by the

political subdivisions of this State due to the COVID-19 emergency are not narrowly tailored to

serve a public health or safety purpose and unnecessarily restrict individual rights and liberties,

including the economic and commercial rights and liberties of business owners in this State; and

NOW, THEREFORE 1, RON DESANT1S, 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 protect the rights and liberties of individuals in this State and to

accelerate the State's recovery from the COVID-19 emergency, any emergency order issued by a

political subdivision due to the COVID-19 emergency which restricts the rights or liberties of

individuals or their businesses is invalidated.

Section 2. 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 local population. Only the COVID-19 emergency orders, as defined in SB 2006, enacted prior

to July 1, 2021, are hereby invalidated.

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Section 3. This order is effective beginning on July 1, 2021 and shall be immediately fled

with the Division of AdministrativeHear

IN TESTIMONY WI IEREOF, I have hereunto set

my hand and caused the Great Seal of the State of

Florida to be = -xed, at Tallahassee

May, 20

ATT -"ST:

SE

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 20 of 24
STATE 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, I 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, I 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, I issued Executive Order 21-65, categorically remitting

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, I 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 He filth

Advisory (1) 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

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 21 of 24
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 COV D-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 f 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

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 22 of 24
WHEREAS, in light of these recently enacted reforms, the widespread vaccination of

Florida residentss, and the sufficient supply of vaccines for all eligible Florida residents, 1 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, I, RON I)ESANTIS, 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 COVID19 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

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 23 of 24
emergency or on emergency enactment procedures due to the COVID-19 en erg .ncy 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 immed ately.

IN TESTIMONY WIIEREOF, I have hereunto set

my hand and caused the Great Seal of the State of

Florida to b "xed, at Tallahassee, 3rd day of

May, 2

ATTEST:

SI

Case 0:20-cv-61113-WPD Document 175 Entered on FLSD Docket 04/20/2022 Page 24 of 24