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Filing # 129824060 E-Filed 06/30/2021 02:19:20 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
TAPCO RESTAURANT GROUP, LLC,
TAP 42MIAMI, LLC, TAP 42 GABLES,
LLC, TAP 42
BOCA, LLC, TAP 42
AVENTURA, LLC, TAP 42 CORAL
SPRINGS, LLC, AND TAP 42 DORAL, Case No. 21-CA-007480
LLC, Division:
Plaintiffs,
VS.
CERTAIN UNDERWRITERS AT
LLOYD'S, LONDON, SUBSCRIBING TO
POLICY NO. AVS011203702, HDI
GLOBAL SPECIALTY SE, AND INDIAN
HARBOR INSURANCE CO.,
Defendants.
i
MOTION TO DISMISS COMPLAINT & INCORPORATED MEMORANDUM OF LAW
Pursuant to Florida Rule of Civil Procedure 1.140, Defendants Underwriters at Lloyd's,
London, Subscribing to Policy No. AVS011203702, HDI Global Specialty SE, and Indian Harbor
Insurance Co. (collectively, the "Insurers"), move to dismiss the Complaint filed by Plaintiffs
Tapco RestaurantGroup, LLC, Tap 42 Miami, LLC, Tap 42 Gables, LLC, Tap 42 Boca, LLC, Tap
42 Aventura, LLC, Tap 42 Coral Springs, LLC, and Tap 42 Doral, LLC (collectively, "Tapco")
for failing to state a claim for relief.
SUMMARY OF THE ARGUMENT
This is a case where an insured seeks damages under a commercial property insurance
policy, but no property loss or damage has occurred. Specifically, Tapco, which operates six
restaurants in South Florida, seeks business interruption coverage for losses resulting from the
suspension of its operations related to the COVID-19 pandemic. As the insured, Tapco bears the
PD.34100159.1
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/30/2021 02:19:18 PM.****
burden of affirmatively establishing "physical loss of or damage to" the insured premises as a
result ofa "covered cause of loss." Tapco, however, cannot satisfy this threshold requirement, and
no amount of artful pleading can convert Tapco's claims for purely economic losses into claims
for direct physical loss of or damage to the insured premises under aproper>: new and used automobile dealershipsi<< and auto-supply, auto-repair,
and related facilities>>. provided however that such businesses should ensure that customeri
practice the social distancing as advised by the CDC<<;
k. Private colleges, trade schools, and technical colleges, but only as needed to facilitate
online or distance learning >>and university. college. or technical college residence halls, to the
extent needed to accommodatestudents who cannot return to their homes<<;
Page 1 of 2
Miami-Dade County Declarationof Local State of Emergency
ff. Waste management services, including collectionand disposal of waste; [[end]]
gg. Any business that is interacting with customers solely through electronic or telephonic
means, and delivering products via mailing, shipping, or delivery services>>:<<
>>hh. Private and municipal marinas and boat launches. docking. fueling. marine supply
and other marina services:
ii. Hotels. motels. other commercial lodging establishments and temporary vacation
rentals. Notwithstanding the foregoing. restaurants. bars. and fitness center restrictions within
these establishmentsremain as stated in Emergency Order 03-20:
jj. Veterinarians and pet boarding facilities; and
kk. Mortuaries. funeral homes. and cemeteries.<<
2. The balance of Emergency Order 07-20 remains in full force and effect and is subject to
further amendment as set forth in Emergency Order 07-20.
Enacted:
Signed:
DatA/IA/*.:1t, , 0
Time: 8.YSM
Witness:
Cancelled:
Signed:
COUNTY MAYOR
Date: Time: :
Witness:
Page 2 of 2
tllamt?
AMENDMENT NO. 2 TO MIAMI-DADE COUNTY EMERGENCY ORDER 07-20
WHEREAS, on March 19, 2020, the County Mayor issued Emergency Order 07-20; and
WHEREAS, Emergency Order 07-20 directed the closure of all non-essential retail and
commercial establishmentsand included a list of essential businessesthat may still operate; and
WHEREAS, Emergency Order 07-20 provided for amendment by filing written notice with the
clerk; and
WHEREAS, Governor DeSantis issued Executive Order 20-71 which promulgated standards for
the sale of alcohol; and
WHEREAS, additional retail and commercial establishments listed below provide essential
business services during emergencies,
THEREFORE, as County Mayor of Miami-Dade County, I hereby order:
1. Paragraph 2 of Emergency Order 07-20 is hereby amended and restated to clarify that
additional following essential businessesmay remain open:
2. Essential retail and commercial businesses, which may remain open, are:
*
hh. Private and municipal marinas and boat launches, docking, fueling, marine supply and
other marina services;
ii. Hotels, motels, other commercial
lodging establishments and temporary vacation
rentals. Notwithstanding the foregoing, restaurants, bars, and fitness center restrictions within
these establishmentsremain as stated in Emergency Order 03-20;
ii. Veterinarians and pet boarding facilities; and
kk. Mortuaries, funeral homes, and cemeteries.
>>11. The sale of alcoholic beverages is authorized consistent with Executive Order 20-71.
mm. Firearm and ammunition supply stores.
Page 1 of 2
Miami-Dade County Declarationof Local State of Emergency
2
nn. Businesses providing services to any local. state, or Federal government, including
municipalities. pursuant to a contract with such government.<<
2. Emergency Order 07-20 remains in full
The balance of force and effect and is
subject to further amendment#s set forth in Emergency Order 07-20.
Enacted:
Signed:
---EPZBABTG'EHPR O.
BPIP#i Time: '9.15
1/TJI
Witness:
Cancelled:
Signed:
COUNTY MAYOR
Date: Time: :
Witness:
Page 2 of 2
ttlatltDADE
AMENDMENTNO. 3 TO MIAMI-DADE COUNTY EMERGENCY ORDER 07-20
WHEREAS, on March 19, 2020, the County Mayor issued Emergency Order 07-20; and
WHEREAS, Emergency Order 07-20 directed the closure of all non-essential retail and
commercial establishmentsand included a list of essential businessesthat may still operate; and
WHEREAS, Emergency Order 07-20 provided for amendment by filing written notice with the
clerk; and
WHEREAS, Amendment No. 1 to Emergency Order 07-20 stated that marinas and boat launches,
docking, fueling, marine supply and other marina servicesprovide essential business services; and
WHEREAS, large numbers of boaters congregated without observing social distancing and
promoted large parties, the occurrence of which would have increased the risk of spreading
COVID-19 throughoutthe community; and
WHEREAS, as a result it is necessary to further limit the use of marinas and boat launches,
docking, fueling, marine supply and other marina services; and
WHEREAS, Emergency Order 06-20 as amended from time to time contains detailed information
onthe use of marinas, boat launches, docking, fueling, marine supply and other marina services
for the duration ofthe state of emergency,
THEREFORE, as County Mayor of Miami-Dade County, I hereby order:
1. Paragraph 2 of Emergency Order 07-20 as amended is hereby amended and restated to
clarify that additional following essential businessesmay remain open:
2. Essential retail and commercial businesses, which may remain open, are:
[..... '.. ,.
9]l
>>hh. Marinas. boat launches. docking. fuelin, marine supply and other marina services
only as set forth in Emergency Order 06-20 as amended from time to time.<<
Page 1 of 2
Miami-Dade County Declaration of Local State of Emergency
2. The balance ofEmergency Order 07-20 as amended remains in full force and effect and is
subject to further amendment as set forth in Emergency Order 07-20.
Enacted:
Signed:
Daa.3,Icbz 0 Time: LD.-W
Witnessi 2.anhltm I.U
Cancelled:
Cg- Y.LV
Signed:
COUNTY MAYOR
Date: Time: :
Witness:
Page 2 of 2
-+.JG-71 31-?
BROWARD COUNTY ADMINISTRATOR'S
EMERGENCY ORDER 20-03
Directing Shelter-in-Place: Safer at Home Policy
WHEREAS, COVID-19, a respiratoryillness caused by a virus that spreads rapidly
from person to person and may result in serious illness or death, constitutes a clear and
present threat to the lives, health, welfare, and safety of the people of Broward County;
WHEREAS, on March 1, 2020, Governor DeSantis declared a Public Health
Emergency as a result of COVID-19;
WHEREAS, on March 9,2020, Governor DeSantis issued Executive Order 20-52,
declaring a State of Emergency as a result of COVID-19;
WHEREAS, on March 10, 2020, I declared a Local State of Emergency; on
March 11, 2020, the Mayor of Miami-Dade County declared a Local State of Emergency;
and on March 13, 2020, the Mayor of Palm Beach County declared a Local State of
Emergency;
WHEREAS, on March 11, 2020, the World Health Organization declared the
spread of COVID-19 to be a global pandemic;
WHEREAS, on March 13, 2020, President Trump declared a national emergency
concerning COVID-19;
WHEREAS, there is no vaccine or drug currently available to combat COVID-19;
WHEREAS, to reduce the spread of COVID-19, the United States Centers for
Disease Control and Prevention ("CDC") and the Florida State Department of Health
recommend implementation of community mitigation strategies to increase containment
of the virus, including cancellation of large gatherings and social distancing of at least
six (6) feet between persons in smaller gatherings;
WHEREAS, the tri-county area of South Florida, comprised of Miami-Dade
County, Broward County, and Palm Beach County, is a contiguous community with both
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commercial and cultural continuities, and both Broward County and Miami-Dade County
have emerged as clusters of positive COVID-19 cases;
WHEREAS, on March 10, 2020, the Broward County Board of County
Commissioners authorized me to take any appropriate and necessary action to protect
the health and safety of Broward County residents and visitors in connection with
COVID-19;
WHEREAS, on March 24,2020, the World Health Organization indicated that the
United States has the potential to become the center of the COVID-19 pandemic;
WHEREAS, this Emergency Order is necessary because of the propensity of the
virus to spread person to person and also because the virus is physically causing property
damage due to its proclivity to attach to surfaces for prolonged periods of time;
WHEREAS, this Emergency Order is necessary to protect the lives, health,
welfare, and safety of the County's residents from the devastating impacts of this
pandemic,
WHEREAS, certain additional clarifications, exclusions, and inclusions are
necessary to support effective enforcementof the restrictionsof Emergency Order 20-01;
NOW, THEREFORE, I, Bertha Henry, the Broward County Administrator, pursuant
to my emergency authority under Section 8-53 of the Broward County Code of
Ordinances, as well as the authority granted to me by the Declaration of Emergency
issued by Governor DeSantis in Executive Order 20-52, by Chapter 252, Florida Statutes,
by the Board of County Commissioners, and by the Broward County Comprehensive
Emergency Management Plan, hereby order as follows:
Section 1. This Emergency Order is supplemental and in addition to the
Executive Orders issued by Governor DeSantis, including Executive Orders 20-70 and
20-71. Emergency Order 20-01, as amended, is hereby further amended and restated
as provided herein, with strikethrough text indicating deletions and underlined text
indicating additions. Except as expressly amended herein, Emergency Order 20-01, as
2
amended, remains in full force and effect. This Emergency Order applies to incorporated
and unincorporated areas within Broward County, but has no application outside of
Broward County.
Section 1A. Individuals are stronalv urged to remain home other than to engage
jn essential activities, which are the minimum activities necessary to conduct Minimum
Business Operations (as defined in Section 2 below) or to engage in or patronize
Essential Businesses (as defined in Section 3 below). unless otherwise expressly
exempted from the limitationsof Broward County Administrator's Emergency Order 20-01
as set forth in Section 4 and Section 6 below. Individual daily outdoor exercise that
complies with CDC social distancina guidelines is permitted. Individuals outside their
homes shall comply with all requirements of the ExecutiveOrders issued by the Governor
of the State of Florida and all Broward County Emergency Orders. and must adhere to all
measures advised bY the CDC regarding social distancinq.
Section 2. All nonessential retail, nonprofit, and commercial business locations
(meaning all that are not expressly deemed essential as stated in Section 3 below) are
ordered closed except to the extent necessary to perform Minimum Basic Operations.
"Minimum Basic Operations" means the minimum activities necessary to maintain the
value of inventory, preserve plant and equipment condition, ensure security, process
payroll and employee benefits, and facilitate employees working remotely, provided such
businesses shall practice, and ensure persons interacting with and within such
businesses practice, social distancing and all other measures as advised by the CDC.
Section 3. The following retail, nonprofit< and commercial businesses are
deemed essential f"Essential Businesses") and existing retail and commercial business
locations of these businesses may remain open, but shall practice, and ensure persons
interacting with and within such businesses practice, social distancing and all other
measures as advised by the CDC:
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a. Except to the extent precluded by the Governor's Executive Order 20-72 or
any subsequent Executive Order, healthcare providers and public health operations,
including but not limited to: hospitals; doctors' and dentists' offices; urgent care centers,
clinics, and rehabilitation facilities; physical therapists; mental health professionals;
psychiatrists; therapists; research and laboratory services; blood banks, medical
cannabis facilities; medical equipment, devices, and other healthcare manufacturers and
suppliers; reproductivehealth care providers; eye care centers; home healthcare services
providers; substance abuse treatment providers; medical transport services; and
pharmacies;
b. Grocery stores, farmers' markets, farm and produce stands, supermarkets,
food banks, convenience stores, and other establishments primarily engaged in the Fetail
sale of canned food, dry goods, fresh fruits and vegetables, baby products, pet supply,
liquor, fresh or frozen meats, fish, and poultry, and any other household consumer
products (such as cleaning and personal care products). This authorization to remain
open includes stores that sell both groceries and also sell other non-grocery productsi
aAd g[ products necessary to maintaining the safety, sanitation, and essential operations
of residences and other structures;
C. Businesses engaged in food cultivation, including farming, livestock, and
fishing;
d. Businessesthat provide food, shelter, social services, and other necessities
of life for economically disadvantaged or otherwise needy individuals;
e. Newspapers, television, radio, and other media services;
f. Gas stations, marine fueling stations, new and used automobile
dealerships, and auto-supply, auto-repair, motorcycle, scooter, and motorcycle or scooter
repair shops, bicvcle and bicycle repair shops, and related facilities;
g. Banks and related financial institutions, including insurance firms and pawn
shops;
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h. Hardware, gardening, and building material stores;
Contractors and other tradesmen, building management and maintenance
home security firms,
(including janitorial companies servicing commercial businesses),
fire and water damage restoration, public adjusters, appliance repair personnel,
exterminators, and other service providers who provide services that are necessary to
maintaining the safety, sanitation, and essential operation of residences and other
structures;
j. Businesses primarily providing mailing, legistiGG; pick-up, and shipping
services, including post office boxes;
k. Private colleges, trade schools, and technical colleges, but only as needed
to facilitate online or distance learning, perform critical research, or perform essential
functions, and university, college, or technical college residence halls, but only to the
extent needed to accommodate students who cannot return to their homes;
i. Laundromats, dry cleaners, and Iaundry service providers;
m. Restaurants and other facilities that prepare and serve food, including food
trucks, but subject to the limitationsand requirementsof the Governor's Executive Orders
20-68,20-70, and 20-71, and further subiect to the following requirements: no more than
ten (10) people mav utilize or conareqate at or near anv such restaurant, facility, or food
truck at any time, and any person in line must adhere to all measures advised by the CDC
regarding social distancing: if more than ten (10) people congregate around multiplefood
trucks, the food trucks must be separated by at least fifty (501yards. Schools and other
entities that typically provide free food services to students or members of the public may
continue to do so on the condition that the food is provided to students or members of the
public on a pick-up and takeaway basis only. Schools and other entities that provide food
services under this exemption shall not permit the food to be eaten at the site where it is
provided, or at any other gathering site under their control;
5
n. Businesses that primarily supply office products needed for people to work
from home (but not including businesses that primarily sell or lease furniture);
o. Businesses that primarily supply other essential businesses, as stated in
this Emergency Order, with the support or supplies necessary to operate, and which do
not interact with the general public, including cybersecurity firms (but not including
businesses that primarily sell or lease furniture), provided that such businesses operate
in full compliance with all measures advised bv the CDC regarding social distancing;
p. Businesses that primarily ship or deliver groceries, food, or goodsr-GF
sewiees directly to residents;
q. Airlines, taxis, and other private transportation providers providing
transportation services via automobile, truck, boat, bus, or train;
r. Businesses engaged in providing home-based care for seniors, adults, or
children;
s. Assisted living facilities, nursing homes, adult day care centers, and home-
based and residential settings for adults, seniors, children, and/or people with disabilities
or mental illness;
t. Businesses providing professional services, such as legal or accounting
services, to the extent those services are necessary to
aGtivities comply with state or local laws or regulations during the declared Broward
County emergency and only if such services cannot be performed as permitted in
Section 4 below;
u. Landscape and pool care businesses, including residential landscape and
pool care services;
V. Childcare facilities providing services that enable employees exempted in
this Emergency Order to work as permitted. To the extent possible, childcare facilities
should operate under the following conditions: Childcare must be carried out in stable
groups of 10 or fewer (inclusive of childcare providers for the group); children and child
6
care providers shall not change from one group to another; if more than one group of
children is cared for at one facility, each group shall be in a separate room. Groups shall
not mjx or interact with each other. All play equipment used by one group of children
must be cleaned and sanitized before use by another group of children. Any child
exhibiting symptoms consistent with COVID-19 illness shall not be allowed to stay in the
childcare facility;
w. Businesses operating at any airport, seaport, or other government facility,
except as provided in the Governor's Executive Order 20-71, which requires all
restaurants and food establishmentslicensed under Chapters 500 and 509 to suspend
on-premises food and alcohol consumption, and except as to businesses operating from
Broward County facilities as to which separate directives have or will be issued;
X. Logistics providers, including warehouses, trucking, consolidators,
fumigators, and handlers;
y. Telecommunications providers, including sales of computer or
telecommunications devices and the provision of home telecommunications;
Z. Businesses primarily engaged in the provision of propane or natural gas;
aa. Businesses engaged in the provision of office space and g[ administrative
support necessary to perform for the operation of any
essential business listed in Executive Order 20-01 (as amended);
bb. Open construction sites, irrespective of the type of building or project;
cc. Businesses providing architectural,engineering, or land surveying services,
but only with regard to ongoing construction projects in which construction has already
commenced and provided that such businesses operate in full compliance with all
measures advised by the CDC regarding social distancing;
dd. Factories, warehouses, manufacturing facilities, bottling plants, or ethef
industrial distribution and supply chain facilities
to the extent the entitY supplies goods or products necessary
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for the continued operation of essential businesses listed in Executive Order 20-01 (as
amended);
ee. Waste managementservicesriaelwdimg so Iong as the business j& engaged
primarily in the collection and. transfer. or disposal of waste;
ff. Marinas and boat launches, docking, fueling, marine supply, and other
marina services (not including piers), but only to the extent necessary to support the
following limited operations;
(i) to allow any person with a commercial saltwater license issued by the
Florida Fish and Wildlife Conservation Commission to enter and USe @fewaFd
GGYA+Y a marina
or boat launch for commercial fishing purposes only;
(ii) to support patrol, enforcement, and rescue activity by federal, state, or local
governmentagenciesi
(iii) to accommodate boatsi GF ferries, or other vessels in support of Port
Everglades operations;
(iv) to accommodate persons living aboard their vessels;
(v) iq accommodate persons returning to the United States from international
voyages; eF
(vi) to authorize entry by persons needing to remove their vessels from the
water efi
fxijl to perform emergency maintenance on a vessel, marinas, g[ fueling
stationsraator
{Mlill to perform marine supply services;
gg. Hotels, motels, other commercial lodging establishments, and temporary
vacation rentals, subject to the limitations stated in the Governor's Executive Order 20-70.
Hotels, motels, and other commercial lodging establishments shall not accept new
reservations for occupancv periods that would commence prior to Mav 8,2020 (the date
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the Governor's Executive Order 20-52 is currently scheduled to expirej for persons other
than Essential Lodgers. "Essential Lodgers" are defined as: (1) healthcare professionals;
(2) first responders; (3) National Guard members; (4) law enforcement; (5) state or
federal government employees; (6) airline crewmembers; (7) patients; (8) patients'
families; (9) journalists; (10) others providing direct services in response to COVID-19;
(11) displaced residents or visitors dislodaed from local lodging due to the COVID-19
crisis; (12) persons utilizing hotels as transitional living arrangements; (13) persons
sheltering in hotels due to domestic violence; (14) hotel employees, service providers,
and contractors; or (15) individuals Broward County residents who, for any reason, are
temporarily unable to reside in their home due to exigent circumstances;
hh. Veterinarians clinics, pet hospitalsl and pet boarding facilities;
Mortuaries, funeral homes, and cemeteries including funeral and cremation
services;
jj. Firearm and ammunition supply stores;
kk. Businesses providing goods or services to any local, state, or federal
government pursuant to a contract with such government and-pfevided, but onlv if such
goods or services relate directly to a governmental response to the COVID-19 crisisg[
relate to a governmental public works construction proiect within Broward County;
Il. Any business that employs five (5) or fewer persons, including
where the employees do not come in regular contact with the
general public in the regular course of business and the business can conduct its business
in a manner that complies with the recommended social distancing and other
requirements of previous executive orders, except to the extent inconsistent with any
Executive Order or regulation issued by the Governor of Florida, the state, or any federal
authority;
mm. Electrical production and distribution services; and
nn. Moving, storage, and relocation services; and
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oo. Real estate sales and real property title services, provided such services
are performed only electronicallv or remotely as permitted in Section 4.
Section 4. Notwithstanding the foregoing and in addition to any permitted
Minimum Basic Operations, all retail, nonprofit, aed commercial businesses may perform
remote work so that a business's employees may interact with each other and/or with
customers solely through electronic or telephonic means, and deliver services or products
via only electronic means or mailing, shipping, or delivery servicesd
This order does not affect or limit the operations of Broward County, any public
utility, any municipality, the Broward County School District, the North Broward Hospital
District, the South Broward Hospital District, any other local government entity in Broward
County, or any State or Federal office or facility.
Essential emplovees are cateqoricallv exempt from anv travel, curfew, or other
restrictions relating to COVID-19 that are issued by Broward County or anv other local
governmental entitv to the extent the activities at issue are required in order to comply
with the employee's duties as an essential employee of Broward County or anv other
governmentalentity. The following persons are designated as essential employees: first
responders; aana and crisis intervention workers: public health workers: emergency
management personnel: emergency dispatchers: law enforcement Dersonnel and related
contractors; persons working for emergency services providers; and governmental
employees performing work in the course and scope of their employment. The Broward
County Administrator or designee may designate additional persons and entities as
essential employees by written directive without the need for amendment of this
Emergency Order.
Section 5. This order does not limit the number of persons who may be
physically present and performing services on-site related to the operations of an
efssentialbBusiness except as expressly set forth herein or otherwise governed by any
State or Federal order or regulation. All such persons are required to the full extent
10
practicable to operate in full compliance with all measures advised by the CDC including
practicing social distancing such as keeping six (6) feet between persons and limiting
group size to less than ten (10) people.
Section 6. This order does not limit religious services at any location, but all
persons performing or attending religious services are urged to fully comply with all
measures advised by the CDC including limiting gatherings to no more than ten (10)
people and practicing social distancing of at least six (6) feet between persons.
Section 7. Applicability.
The provisions of this Emergency Order shall serve as minimum standards, and in
no way modify any power possessed by municipalities within Broward County to impose
more stringent standards within their jurisdictions. This Emergency Order shall apply to
retail and commercial businesses based upon their regular course of their business as of
March 21, 2020; any change to an entity's scope of business after March 21, 2020, shall
not modify the characterization of the entity as essential or nonessential.
Section 8. Severability.
Any provision(s) within this Emergency Order that conflict(s) with any state or
federal law or constitutional provision, or conflict(s) with or are superseded by a current
or subsequently-issued Executive Order of the Governor or the President of the United
States, shall be deemed inapplicable and deemed to be severed from this Emergency
Order, with the remainder of the Emergency Order remaining intact and in full force and
effect. To the extent application of some or all of the provisions of this Emergency Order
is prohibited on the sovereign land of a federally or state recognized sovereign Indian
tribe, such application is expressly excluded from this Emergency Order.
Section 9. Effective Date; Duration.
This order shall be effective as of 12:01 a.m. on Friday, March 27,2020. This
order shall expire upon the expiration of the existing State of Local Emergency, as same
11
may be extended by subsequent order or declaration, unless earlier terminated by
subsequent Emergency Order.
BROVRD CONTY, FLORID?
By:SADLL SR-DL
Be7ha He.nry
Codnty Administrator
RECEIVED AND FILED in the Records, Taxes and Treasury Division on this 26 day of
March, 2020, at
j'fljC..m.
12
-ix-li OiI 5
STATE OF FLOR A
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-91
(Essential Services and Activities During COVII)-19 Emergency)
WHEREAS, on March 1,2020, I issued Executive Order 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 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 March 16, 2020, President Donald J. Trump and the Centers for
/...
Disease Control and Prevention ( 'CDC") issued the "15 Days to Slow the Spread" guidance
advising individuals to adopt far-reaching social distancing measures, such as avoiding
gatherings of more than 10 people, and in states with evidence of community spread,
recommending restrictions to certain establishments conducive to mass gatherings and
congregations; and
WHEREAS, on March extended such guidance to be in effect
until April 30,2020; and
WHEREAS, on March 31,2020, the President updated the guidance, renaming it '30
Days to Slow the Spread", and along with the White House Coronavirus Task Force urged
Americans to continue to adhere to the guidelines and expand community mitigation efforts;
and
WHEREAS, the majority of individuals in Florida that have tested positive for
COVID-19 have been concentrated in its southeastern counties and other urban cores; and
WHEREAS, positive cases of COVID-19 have continued to rise in other states in close
proximityto Florida, resultingin increasedrisk to counties in northern Florida; and
WHEREAS, many thousands of people fled the New York City region to Florida
following New York State issuing a "shelter-in-place" order, thereby jeopardizing the health
and safety of Floridians; and
WHEREAS, on March 23,2020, I issued Executive Order 20-80, requiring all
individuals that fly into Florida from states with substantial community spread to self-isolate
in Florida for 14 days or the duration of their trip, whichever is shorter; and
WHEREAS, on March 27, 2020, I issued Executive Order 20-86, requiring all
individuals that drive into Florida from states with substantial community spread to self-
isolate in Florida for 14 days or the duration of their trip, whichever is shorter: and
WHEREAS, persistent interstate travel continues to pose a risk to the entire state of
Florida; and
WHEREAS, on March 24,2020, I issued Executive Order 20-83, directing the State
Surgeon General and State Health Officer to issue a
public health advisory urging the public
to avoid all social or recreational gatherings of 10 or more people and urging those who can
work remotely to do so; and
WHEREAS, it is necessary and appropriate to take action to ensure that the spread of
COVID-19 is slowed, and that residents and visitors in Florida remain safe and secure.
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 Constitutioo Chapter
2
252, Florida Statutes, andall otherapplicablelaws. promulgatethe following Executive Order
totake immediate effect:
Section 1. Safer At Home
A. Senior citizens and individuals with a significant underlying medical condition
(such as chronic lung disease, moderate-to-severe asthma, serious heart conditions,
immunocompromised status, cancer, diabetes, severe obesity, renal failure and liver disease)
shall stay at home and take all measures to limit the risk of exposure to COVID-19.
B. In concert with the efforts ofPresident Trump and the White House Coronavirus
Task Force to fight COVID-19, and based on guidance provided by Florida Surgeon General
and State Health Officer, Dr. Scott Rivkees. all
persons in Florida shall limit their movements
and personal interactions outside of their home to only those necessary to obtain or provide
essential services or conduct essential activities.
Section 2. Essential Services
A. For purposes of this Order and the conduct it limits, "essential services"
.9
rneans
and encompasses the list detailed by the U.S. Department of Homeland Security in its Guidance
on the Essential Critical Infrastructure Workforce, v. 2 (March 28,2020) (attached) and any
subsequent lists published.
B. Essential services also include those businesses and activities
designated by
Executive Order 20-89 and its attachment which consists of a list propounded by Miami-Dade
County in multiple orders.
C. Other essential services may be added under this Order with the
approval of the
State Coordinating Officer, in close coordination with the State Health Officer. The State
Coordinating Officer shall maintain an online list of essential services, as specified in this Order
along with any approved additions. The online list shall be available on the Division of
Emergency Management's website at org and the Florida Department of
Health's website at www.floridahealth.gov.
D, Nothing in this order prohibits individuals from working from home: indeed, this
Order encourages individuals to work from home.
E. All businesses or organizations are encouraged to provide delivery, carry-out or
curbside service outside ofthe business or organization. of orders placed online or via telephone,
to the greatest extent practicable.
Section 3. Essential Activities
A. For purposes of this Order and the conduct it limits, "essential activities" means
and encompasses the following:
i. Attending religious services conducted in churches, synagogues and houses
of worship; and
ii. Participating in recreational activities (consistent with social distancing
guidelines) such as walking, biking. hiking, fishing, hunting, running, or
swimming; and
iii. Taking care ofpets; and
iv. Caring for or otherwise assisting a loved one or friend.
B. Other essential activities may be added to this list with the
approval of the State
Coordinating Officer, in close coordination with the State Health Officer. The State
Coordinating Officer shall maintain an online list ofessential activities, as specified in this Order
along with any approved additions.
C. A social gathering in public space is not essential
a an activity, Local
jurisdictions shall ensure that groups of people greater than ten are not permitted to congregate
in any public space.
4
Section 4. Local Orders in Response to COVID-19
This Order shall supersede any contlicting official action or order issued by local
otlicials in response to COVID-19 but only to the extent that such action or order allows essential
services or essential activities prohibited by this Executive Order.
Section 5. PreviousExecutive Orders
This Executive Order does not supersede any Executive Order related to COV]D-19.
Section 6. EffectiveDate and Expiration Date
I his Order is effective 12:01 am on April 3.2020. This Order shall expire on April 3{).
2020 unless extended by subsequent order. Executive Order 20-68 (bars. restaurants) and
Executive Order 20-71 (alcohol sales. restaurants) shall remain in effect through the duration of
Executive Order 20-52. including any extensions.
IN TESTIMONY WHEREOF. 1 have hereunto
setmy hand and caused the Great Seal of the
State of Florida to be affixed. at Tallahassee. this
Ist day of April. 2020
A
ATTEST:
EP---h-XTNLL
SECRETARY OF STATE-
-
--
(1'i
5
t'.S. Department of Homeland Securio
Cybcrsccurlty & Infrastructure Sccunty Agency
Olfice of the I)it'eaor
Washington. DC 2{)528
.H'..I.n.
* CISA CYHER+INFRASTRUCTURF
March 28,2020
ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL
INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE
FROM: ChristopherC. Krebs
Director
Cybersecurityand Infrastructure Sdcurity Agency (CISA)
As the Nation :th
Preview
Filing # 129824060 E-Filed 06/30/2021 02:19:20 PM IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA TAPCO RESTAURANT GROUP, LLC, TAP 42MIAMI, LLC, TAP 42 GABLES, LLC, TAP 42 BOCA, LLC, TAP 42 AVENTURA, LLC, TAP 42 CORAL SPRINGS, LLC, AND TAP 42 DORAL, Case No. 21-CA-007480 LLC, Division: Plaintiffs, VS. CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, SUBSCRIBING TO POLICY NO. AVS011203702, HDI GLOBAL SPECIALTY SE, AND INDIAN HARBOR INSURANCE CO., Defendants. i MOTION TO DISMISS COMPLAINT & INCORPORATED MEMORANDUM OF LAW Pursuant to Florida Rule of Civil Procedure 1.140, Defendants Underwriters at Lloyd's, London, Subscribing to Policy No. AVS011203702, HDI Global Specialty SE, and Indian Harbor Insurance Co. (collectively, the "Insurers"), move to dismiss the Complaint filed by Plaintiffs Tapco RestaurantGroup, LLC, Tap 42 Miami, LLC, Tap 42 Gables, LLC, Tap 42 Boca, LLC, Tap 42 Aventura, LLC, Tap 42 Coral Springs, LLC, and Tap 42 Doral, LLC (collectively, "Tapco") for failing to state a claim for relief. SUMMARY OF THE ARGUMENT This is a case where an insured seeks damages under a commercial property insurance policy, but no property loss or damage has occurred. Specifically, Tapco, which operates six restaurants in South Florida, seeks business interruption coverage for losses resulting from the suspension of its operations related to the COVID-19 pandemic. As the insured, Tapco bears the PD.34100159.1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/30/2021 02:19:18 PM.**** burden of affirmatively establishing "physical loss of or damage to" the insured premises as a result ofa "covered cause of loss." Tapco, however, cannot satisfy this threshold requirement, and no amount of artful pleading can convert Tapco's claims for purely economic losses into claims for direct physical loss of or damage to the insured premises under aproper>: new and used automobile dealershipsi<< and auto-supply, auto-repair, and related facilities>>. provided however that such businesses should ensure that customeri practice the social distancing as advised by the CDC<<; k. Private colleges, trade schools, and technical colleges, but only as needed to facilitate online or distance learning >>and university. college. or technical college residence halls, to the extent needed to accommodatestudents who cannot return to their homes<<; Page 1 of 2 Miami-Dade County Declarationof Local State of Emergency ff. Waste management services, including collectionand disposal of waste; [[end]] gg. Any business that is interacting with customers solely through electronic or telephonic means, and delivering products via mailing, shipping, or delivery services>>:<< >>hh. Private and municipal marinas and boat launches. docking. fueling. marine supply and other marina services: ii. Hotels. motels. other commercial lodging establishments and temporary vacation rentals. Notwithstanding the foregoing. restaurants. bars. and fitness center restrictions within these establishmentsremain as stated in Emergency Order 03-20: jj. Veterinarians and pet boarding facilities; and kk. Mortuaries. funeral homes. and cemeteries.<< 2. The balance of Emergency Order 07-20 remains in full force and effect and is subject to further amendment as set forth in Emergency Order 07-20. Enacted: Signed: DatA/IA/*.:1t, , 0 Time: 8.YSM Witness: Cancelled: Signed: COUNTY MAYOR Date: Time: : Witness: Page 2 of 2 tllamt? AMENDMENT NO. 2 TO MIAMI-DADE COUNTY EMERGENCY ORDER 07-20 WHEREAS, on March 19, 2020, the County Mayor issued Emergency Order 07-20; and WHEREAS, Emergency Order 07-20 directed the closure of all non-essential retail and commercial establishmentsand included a list of essential businessesthat may still operate; and WHEREAS, Emergency Order 07-20 provided for amendment by filing written notice with the clerk; and WHEREAS, Governor DeSantis issued Executive Order 20-71 which promulgated standards for the sale of alcohol; and WHEREAS, additional retail and commercial establishments listed below provide essential business services during emergencies, THEREFORE, as County Mayor of Miami-Dade County, I hereby order: 1. Paragraph 2 of Emergency Order 07-20 is hereby amended and restated to clarify that additional following essential businessesmay remain open: 2. Essential retail and commercial businesses, which may remain open, are: * hh. Private and municipal marinas and boat launches, docking, fueling, marine supply and other marina services; ii. Hotels, motels, other commercial lodging establishments and temporary vacation rentals. Notwithstanding the foregoing, restaurants, bars, and fitness center restrictions within these establishmentsremain as stated in Emergency Order 03-20; ii. Veterinarians and pet boarding facilities; and kk. Mortuaries, funeral homes, and cemeteries. >>11. The sale of alcoholic beverages is authorized consistent with Executive Order 20-71. mm. Firearm and ammunition supply stores. Page 1 of 2 Miami-Dade County Declarationof Local State of Emergency 2 nn. Businesses providing services to any local. state, or Federal government, including municipalities. pursuant to a contract with such government.<< 2. Emergency Order 07-20 remains in full The balance of force and effect and is subject to further amendment#s set forth in Emergency Order 07-20. Enacted: Signed: ---EPZBABTG'EHPR O. BPIP#i Time: '9.15 1/TJI Witness: Cancelled: Signed: COUNTY MAYOR Date: Time: : Witness: Page 2 of 2 ttlatltDADE AMENDMENTNO. 3 TO MIAMI-DADE COUNTY EMERGENCY ORDER 07-20 WHEREAS, on March 19, 2020, the County Mayor issued Emergency Order 07-20; and WHEREAS, Emergency Order 07-20 directed the closure of all non-essential retail and commercial establishmentsand included a list of essential businessesthat may still operate; and WHEREAS, Emergency Order 07-20 provided for amendment by filing written notice with the clerk; and WHEREAS, Amendment No. 1 to Emergency Order 07-20 stated that marinas and boat launches, docking, fueling, marine supply and other marina servicesprovide essential business services; and WHEREAS, large numbers of boaters congregated without observing social distancing and promoted large parties, the occurrence of which would have increased the risk of spreading COVID-19 throughoutthe community; and WHEREAS, as a result it is necessary to further limit the use of marinas and boat launches, docking, fueling, marine supply and other marina services; and WHEREAS, Emergency Order 06-20 as amended from time to time contains detailed information onthe use of marinas, boat launches, docking, fueling, marine supply and other marina services for the duration ofthe state of emergency, THEREFORE, as County Mayor of Miami-Dade County, I hereby order: 1. Paragraph 2 of Emergency Order 07-20 as amended is hereby amended and restated to clarify that additional following essential businessesmay remain open: 2. Essential retail and commercial businesses, which may remain open, are: [..... '.. ,. 9]l >>hh. Marinas. boat launches. docking. fuelin, marine supply and other marina services only as set forth in Emergency Order 06-20 as amended from time to time.<< Page 1 of 2 Miami-Dade County Declaration of Local State of Emergency 2. The balance ofEmergency Order 07-20 as amended remains in full force and effect and is subject to further amendment as set forth in Emergency Order 07-20. Enacted: Signed: Daa.3,Icbz 0 Time: LD.-W Witnessi 2.anhltm I.U Cancelled: Cg- Y.LV Signed: COUNTY MAYOR Date: Time: : Witness: Page 2 of 2 -+.JG-71 31-? BROWARD COUNTY ADMINISTRATOR'S EMERGENCY ORDER 20-03 Directing Shelter-in-Place: Safer at Home Policy WHEREAS, COVID-19, a respiratoryillness caused by a virus that spreads rapidly from person to person and may result in serious illness or death, constitutes a clear and present threat to the lives, health, welfare, and safety of the people of Broward County; WHEREAS, on March 1, 2020, Governor DeSantis declared a Public Health Emergency as a result of COVID-19; WHEREAS, on March 9,2020, Governor DeSantis issued Executive Order 20-52, declaring a State of Emergency as a result of COVID-19; WHEREAS, on March 10, 2020, I declared a Local State of Emergency; on March 11, 2020, the Mayor of Miami-Dade County declared a Local State of Emergency; and on March 13, 2020, the Mayor of Palm Beach County declared a Local State of Emergency; WHEREAS, on March 11, 2020, the World Health Organization declared the spread of COVID-19 to be a global pandemic; WHEREAS, on March 13, 2020, President Trump declared a national emergency concerning COVID-19; WHEREAS, there is no vaccine or drug currently available to combat COVID-19; WHEREAS, to reduce the spread of COVID-19, the United States Centers for Disease Control and Prevention ("CDC") and the Florida State Department of Health recommend implementation of community mitigation strategies to increase containment of the virus, including cancellation of large gatherings and social distancing of at least six (6) feet between persons in smaller gatherings; WHEREAS, the tri-county area of South Florida, comprised of Miami-Dade County, Broward County, and Palm Beach County, is a contiguous community with both 1 commercial and cultural continuities, and both Broward County and Miami-Dade County have emerged as clusters of positive COVID-19 cases; WHEREAS, on March 10, 2020, the Broward County Board of County Commissioners authorized me to take any appropriate and necessary action to protect the health and safety of Broward County residents and visitors in connection with COVID-19; WHEREAS, on March 24,2020, the World Health Organization indicated that the United States has the potential to become the center of the COVID-19 pandemic; WHEREAS, this Emergency Order is necessary because of the propensity of the virus to spread person to person and also because the virus is physically causing property damage due to its proclivity to attach to surfaces for prolonged periods of time; WHEREAS, this Emergency Order is necessary to protect the lives, health, welfare, and safety of the County's residents from the devastating impacts of this pandemic, WHEREAS, certain additional clarifications, exclusions, and inclusions are necessary to support effective enforcementof the restrictionsof Emergency Order 20-01; NOW, THEREFORE, I, Bertha Henry, the Broward County Administrator, pursuant to my emergency authority under Section 8-53 of the Broward County Code of Ordinances, as well as the authority granted to me by the Declaration of Emergency issued by Governor DeSantis in Executive Order 20-52, by Chapter 252, Florida Statutes, by the Board of County Commissioners, and by the Broward County Comprehensive Emergency Management Plan, hereby order as follows: Section 1. This Emergency Order is supplemental and in addition to the Executive Orders issued by Governor DeSantis, including Executive Orders 20-70 and 20-71. Emergency Order 20-01, as amended, is hereby further amended and restated as provided herein, with strikethrough text indicating deletions and underlined text indicating additions. Except as expressly amended herein, Emergency Order 20-01, as 2 amended, remains in full force and effect. This Emergency Order applies to incorporated and unincorporated areas within Broward County, but has no application outside of Broward County. Section 1A. Individuals are stronalv urged to remain home other than to engage jn essential activities, which are the minimum activities necessary to conduct Minimum Business Operations (as defined in Section 2 below) or to engage in or patronize Essential Businesses (as defined in Section 3 below). unless otherwise expressly exempted from the limitationsof Broward County Administrator's Emergency Order 20-01 as set forth in Section 4 and Section 6 below. Individual daily outdoor exercise that complies with CDC social distancina guidelines is permitted. Individuals outside their homes shall comply with all requirements of the ExecutiveOrders issued by the Governor of the State of Florida and all Broward County Emergency Orders. and must adhere to all measures advised bY the CDC regarding social distancinq. Section 2. All nonessential retail, nonprofit, and commercial business locations (meaning all that are not expressly deemed essential as stated in Section 3 below) are ordered closed except to the extent necessary to perform Minimum Basic Operations. "Minimum Basic Operations" means the minimum activities necessary to maintain the value of inventory, preserve plant and equipment condition, ensure security, process payroll and employee benefits, and facilitate employees working remotely, provided such businesses shall practice, and ensure persons interacting with and within such businesses practice, social distancing and all other measures as advised by the CDC. Section 3. The following retail, nonprofit< and commercial businesses are deemed essential f"Essential Businesses") and existing retail and commercial business locations of these businesses may remain open, but shall practice, and ensure persons interacting with and within such businesses practice, social distancing and all other measures as advised by the CDC: 3 a. Except to the extent precluded by the Governor's Executive Order 20-72 or any subsequent Executive Order, healthcare providers and public health operations, including but not limited to: hospitals; doctors' and dentists' offices; urgent care centers, clinics, and rehabilitation facilities; physical therapists; mental health professionals; psychiatrists; therapists; research and laboratory services; blood banks, medical cannabis facilities; medical equipment, devices, and other healthcare manufacturers and suppliers; reproductivehealth care providers; eye care centers; home healthcare services providers; substance abuse treatment providers; medical transport services; and pharmacies; b. Grocery stores, farmers' markets, farm and produce stands, supermarkets, food banks, convenience stores, and other establishments primarily engaged in the Fetail sale of canned food, dry goods, fresh fruits and vegetables, baby products, pet supply, liquor, fresh or frozen meats, fish, and poultry, and any other household consumer products (such as cleaning and personal care products). This authorization to remain open includes stores that sell both groceries and also sell other non-grocery productsi aAd g[ products necessary to maintaining the safety, sanitation, and essential operations of residences and other structures; C. Businesses engaged in food cultivation, including farming, livestock, and fishing; d. Businessesthat provide food, shelter, social services, and other necessities of life for economically disadvantaged or otherwise needy individuals; e. Newspapers, television, radio, and other media services; f. Gas stations, marine fueling stations, new and used automobile dealerships, and auto-supply, auto-repair, motorcycle, scooter, and motorcycle or scooter repair shops, bicvcle and bicycle repair shops, and related facilities; g. Banks and related financial institutions, including insurance firms and pawn shops; 4 h. Hardware, gardening, and building material stores; Contractors and other tradesmen, building management and maintenance home security firms, (including janitorial companies servicing commercial businesses), fire and water damage restoration, public adjusters, appliance repair personnel, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures; j. Businesses primarily providing mailing, legistiGG; pick-up, and shipping services, including post office boxes; k. Private colleges, trade schools, and technical colleges, but only as needed to facilitate online or distance learning, perform critical research, or perform essential functions, and university, college, or technical college residence halls, but only to the extent needed to accommodate students who cannot return to their homes; i. Laundromats, dry cleaners, and Iaundry service providers; m. Restaurants and other facilities that prepare and serve food, including food trucks, but subject to the limitationsand requirementsof the Governor's Executive Orders 20-68,20-70, and 20-71, and further subiect to the following requirements: no more than ten (10) people mav utilize or conareqate at or near anv such restaurant, facility, or food truck at any time, and any person in line must adhere to all measures advised by the CDC regarding social distancing: if more than ten (10) people congregate around multiplefood trucks, the food trucks must be separated by at least fifty (501yards. Schools and other entities that typically provide free food services to students or members of the public may continue to do so on the condition that the food is provided to students or members of the public on a pick-up and takeaway basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site under their control; 5 n. Businesses that primarily supply office products needed for people to work from home (but not including businesses that primarily sell or lease furniture); o. Businesses that primarily supply other essential businesses, as stated in this Emergency Order, with the support or supplies necessary to operate, and which do not interact with the general public, including cybersecurity firms (but not including businesses that primarily sell or lease furniture), provided that such businesses operate in full compliance with all measures advised bv the CDC regarding social distancing; p. Businesses that primarily ship or deliver groceries, food, or goodsr-GF sewiees directly to residents; q. Airlines, taxis, and other private transportation providers providing transportation services via automobile, truck, boat, bus, or train; r. Businesses engaged in providing home-based care for seniors, adults, or children; s. Assisted living facilities, nursing homes, adult day care centers, and home- based and residential settings for adults, seniors, children, and/or people with disabilities or mental illness; t. Businesses providing professional services, such as legal or accounting services, to the extent those services are necessary to aGtivities comply with state or local laws or regulations during the declared Broward County emergency and only if such services cannot be performed as permitted in Section 4 below; u. Landscape and pool care businesses, including residential landscape and pool care services; V. Childcare facilities providing services that enable employees exempted in this Emergency Order to work as permitted. To the extent possible, childcare facilities should operate under the following conditions: Childcare must be carried out in stable groups of 10 or fewer (inclusive of childcare providers for the group); children and child 6 care providers shall not change from one group to another; if more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mjx or interact with each other. All play equipment used by one group of children must be cleaned and sanitized before use by another group of children. Any child exhibiting symptoms consistent with COVID-19 illness shall not be allowed to stay in the childcare facility; w. Businesses operating at any airport, seaport, or other government facility, except as provided in the Governor's Executive Order 20-71, which requires all restaurants and food establishmentslicensed under Chapters 500 and 509 to suspend on-premises food and alcohol consumption, and except as to businesses operating from Broward County facilities as to which separate directives have or will be issued; X. Logistics providers, including warehouses, trucking, consolidators, fumigators, and handlers; y. Telecommunications providers, including sales of computer or telecommunications devices and the provision of home telecommunications; Z. Businesses primarily engaged in the provision of propane or natural gas; aa. Businesses engaged in the provision of office space and g[ administrative support necessary to perform for the operation of any essential business listed in Executive Order 20-01 (as amended); bb. Open construction sites, irrespective of the type of building or project; cc. Businesses providing architectural,engineering, or land surveying services, but only with regard to ongoing construction projects in which construction has already commenced and provided that such businesses operate in full compliance with all measures advised by the CDC regarding social distancing; dd. Factories, warehouses, manufacturing facilities, bottling plants, or ethef industrial distribution and supply chain facilities to the extent the entitY supplies goods or products necessary 7 for the continued operation of essential businesses listed in Executive Order 20-01 (as amended); ee. Waste managementservicesriaelwdimg so Iong as the business j& engaged primarily in the collection and. transfer. or disposal of waste; ff. Marinas and boat launches, docking, fueling, marine supply, and other marina services (not including piers), but only to the extent necessary to support the following limited operations; (i) to allow any person with a commercial saltwater license issued by the Florida Fish and Wildlife Conservation Commission to enter and USe @fewaFd GGYA+Y a marina or boat launch for commercial fishing purposes only; (ii) to support patrol, enforcement, and rescue activity by federal, state, or local governmentagenciesi (iii) to accommodate boatsi GF ferries, or other vessels in support of Port Everglades operations; (iv) to accommodate persons living aboard their vessels; (v) iq accommodate persons returning to the United States from international voyages; eF (vi) to authorize entry by persons needing to remove their vessels from the water efi fxijl to perform emergency maintenance on a vessel, marinas, g[ fueling stationsraator {Mlill to perform marine supply services; gg. Hotels, motels, other commercial lodging establishments, and temporary vacation rentals, subject to the limitations stated in the Governor's Executive Order 20-70. Hotels, motels, and other commercial lodging establishments shall not accept new reservations for occupancv periods that would commence prior to Mav 8,2020 (the date 8 the Governor's Executive Order 20-52 is currently scheduled to expirej for persons other than Essential Lodgers. "Essential Lodgers" are defined as: (1) healthcare professionals; (2) first responders; (3) National Guard members; (4) law enforcement; (5) state or federal government employees; (6) airline crewmembers; (7) patients; (8) patients' families; (9) journalists; (10) others providing direct services in response to COVID-19; (11) displaced residents or visitors dislodaed from local lodging due to the COVID-19 crisis; (12) persons utilizing hotels as transitional living arrangements; (13) persons sheltering in hotels due to domestic violence; (14) hotel employees, service providers, and contractors; or (15) individuals Broward County residents who, for any reason, are temporarily unable to reside in their home due to exigent circumstances; hh. Veterinarians clinics, pet hospitalsl and pet boarding facilities; Mortuaries, funeral homes, and cemeteries including funeral and cremation services; jj. Firearm and ammunition supply stores; kk. Businesses providing goods or services to any local, state, or federal government pursuant to a contract with such government and-pfevided, but onlv if such goods or services relate directly to a governmental response to the COVID-19 crisisg[ relate to a governmental public works construction proiect within Broward County; Il. Any business that employs five (5) or fewer persons, including where the employees do not come in regular contact with the general public in the regular course of business and the business can conduct its business in a manner that complies with the recommended social distancing and other requirements of previous executive orders, except to the extent inconsistent with any Executive Order or regulation issued by the Governor of Florida, the state, or any federal authority; mm. Electrical production and distribution services; and nn. Moving, storage, and relocation services; and 9 oo. Real estate sales and real property title services, provided such services are performed only electronicallv or remotely as permitted in Section 4. Section 4. Notwithstanding the foregoing and in addition to any permitted Minimum Basic Operations, all retail, nonprofit, aed commercial businesses may perform remote work so that a business's employees may interact with each other and/or with customers solely through electronic or telephonic means, and deliver services or products via only electronic means or mailing, shipping, or delivery servicesd This order does not affect or limit the operations of Broward County, any public utility, any municipality, the Broward County School District, the North Broward Hospital District, the South Broward Hospital District, any other local government entity in Broward County, or any State or Federal office or facility. Essential emplovees are cateqoricallv exempt from anv travel, curfew, or other restrictions relating to COVID-19 that are issued by Broward County or anv other local governmental entitv to the extent the activities at issue are required in order to comply with the employee's duties as an essential employee of Broward County or anv other governmentalentity. The following persons are designated as essential employees: first responders; aana and crisis intervention workers: public health workers: emergency management personnel: emergency dispatchers: law enforcement Dersonnel and related contractors; persons working for emergency services providers; and governmental employees performing work in the course and scope of their employment. The Broward County Administrator or designee may designate additional persons and entities as essential employees by written directive without the need for amendment of this Emergency Order. Section 5. This order does not limit the number of persons who may be physically present and performing services on-site related to the operations of an efssentialbBusiness except as expressly set forth herein or otherwise governed by any State or Federal order or regulation. All such persons are required to the full extent 10 practicable to operate in full compliance with all measures advised by the CDC including practicing social distancing such as keeping six (6) feet between persons and limiting group size to less than ten (10) people. Section 6. This order does not limit religious services at any location, but all persons performing or attending religious services are urged to fully comply with all measures advised by the CDC including limiting gatherings to no more than ten (10) people and practicing social distancing of at least six (6) feet between persons. Section 7. Applicability. The provisions of this Emergency Order shall serve as minimum standards, and in no way modify any power possessed by municipalities within Broward County to impose more stringent standards within their jurisdictions. This Emergency Order shall apply to retail and commercial businesses based upon their regular course of their business as of March 21, 2020; any change to an entity's scope of business after March 21, 2020, shall not modify the characterization of the entity as essential or nonessential. Section 8. Severability. Any provision(s) within this Emergency Order that conflict(s) with any state or federal law or constitutional provision, or conflict(s) with or are superseded by a current or subsequently-issued Executive Order of the Governor or the President of the United States, shall be deemed inapplicable and deemed to be severed from this Emergency Order, with the remainder of the Emergency Order remaining intact and in full force and effect. To the extent application of some or all of the provisions of this Emergency Order is prohibited on the sovereign land of a federally or state recognized sovereign Indian tribe, such application is expressly excluded from this Emergency Order. Section 9. Effective Date; Duration. This order shall be effective as of 12:01 a.m. on Friday, March 27,2020. This order shall expire upon the expiration of the existing State of Local Emergency, as same 11 may be extended by subsequent order or declaration, unless earlier terminated by subsequent Emergency Order. BROVRD CONTY, FLORID? By:SADLL SR-DL Be7ha He.nry Codnty Administrator RECEIVED AND FILED in the Records, Taxes and Treasury Division on this 26 day of March, 2020, at j'fljC..m. 12 -ix-li OiI 5 STATE OF FLOR A OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-91 (Essential Services and Activities During COVII)-19 Emergency) WHEREAS, on March 1,2020, I issued Executive Order 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 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 March 16, 2020, President Donald J. Trump and the Centers for /... Disease Control and Prevention ( 'CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, recommending restrictions to certain establishments conducive to mass gatherings and congregations; and WHEREAS, on March extended such guidance to be in effect until April 30,2020; and WHEREAS, on March 31,2020, the President updated the guidance, renaming it '30 Days to Slow the Spread", and along with the White House Coronavirus Task Force urged Americans to continue to adhere to the guidelines and expand community mitigation efforts; and WHEREAS, the majority of individuals in Florida that have tested positive for COVID-19 have been concentrated in its southeastern counties and other urban cores; and WHEREAS, positive cases of COVID-19 have continued to rise in other states in close proximityto Florida, resultingin increasedrisk to counties in northern Florida; and WHEREAS, many thousands of people fled the New York City region to Florida following New York State issuing a "shelter-in-place" order, thereby jeopardizing the health and safety of Floridians; and WHEREAS, on March 23,2020, I issued Executive Order 20-80, requiring all individuals that fly into Florida from states with substantial community spread to self-isolate in Florida for 14 days or the duration of their trip, whichever is shorter; and WHEREAS, on March 27, 2020, I issued Executive Order 20-86, requiring all individuals that drive into Florida from states with substantial community spread to self- isolate in Florida for 14 days or the duration of their trip, whichever is shorter: and WHEREAS, persistent interstate travel continues to pose a risk to the entire state of Florida; and WHEREAS, on March 24,2020, I issued Executive Order 20-83, directing the State Surgeon General and State Health Officer to issue a public health advisory urging the public to avoid all social or recreational gatherings of 10 or more people and urging those who can work remotely to do so; and WHEREAS, it is necessary and appropriate to take action to ensure that the spread of COVID-19 is slowed, and that residents and visitors in Florida remain safe and secure. 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 Constitutioo Chapter 2 252, Florida Statutes, andall otherapplicablelaws. promulgatethe following Executive Order totake immediate effect: Section 1. Safer At Home A. Senior citizens and individuals with a significant underlying medical condition (such as chronic lung disease, moderate-to-severe asthma, serious heart conditions, immunocompromised status, cancer, diabetes, severe obesity, renal failure and liver disease) shall stay at home and take all measures to limit the risk of exposure to COVID-19. B. In concert with the efforts ofPresident Trump and the White House Coronavirus Task Force to fight COVID-19, and based on guidance provided by Florida Surgeon General and State Health Officer, Dr. Scott Rivkees. all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities. Section 2. Essential Services A. For purposes of this Order and the conduct it limits, "essential services" .9 rneans and encompasses the list detailed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, v. 2 (March 28,2020) (attached) and any subsequent lists published. B. Essential services also include those businesses and activities designated by Executive Order 20-89 and its attachment which consists of a list propounded by Miami-Dade County in multiple orders. C. Other essential services may be added under this Order with the approval of the State Coordinating Officer, in close coordination with the State Health Officer. The State Coordinating Officer shall maintain an online list of essential services, as specified in this Order along with any approved additions. The online list shall be available on the Division of Emergency Management's website at org and the Florida Department of Health's website at www.floridahealth.gov. D, Nothing in this order prohibits individuals from working from home: indeed, this Order encourages individuals to work from home. E. All businesses or organizations are encouraged to provide delivery, carry-out or curbside service outside ofthe business or organization. of orders placed online or via telephone, to the greatest extent practicable. Section 3. Essential Activities A. For purposes of this Order and the conduct it limits, "essential activities" means and encompasses the following: i. Attending religious services conducted in churches, synagogues and houses of worship; and ii. Participating in recreational activities (consistent with social distancing guidelines) such as walking, biking. hiking, fishing, hunting, running, or swimming; and iii. Taking care ofpets; and iv. Caring for or otherwise assisting a loved one or friend. B. Other essential activities may be added to this list with the approval of the State Coordinating Officer, in close coordination with the State Health Officer. The State Coordinating Officer shall maintain an online list ofessential activities, as specified in this Order along with any approved additions. C. A social gathering in public space is not essential a an activity, Local jurisdictions shall ensure that groups of people greater than ten are not permitted to congregate in any public space. 4 Section 4. Local Orders in Response to COVID-19 This Order shall supersede any contlicting official action or order issued by local otlicials in response to COVID-19 but only to the extent that such action or order allows essential services or essential activities prohibited by this Executive Order. Section 5. PreviousExecutive Orders This Executive Order does not supersede any Executive Order related to COV]D-19. Section 6. EffectiveDate and Expiration Date I his Order is effective 12:01 am on April 3.2020. This Order shall expire on April 3{). 2020 unless extended by subsequent order. Executive Order 20-68 (bars. restaurants) and Executive Order 20-71 (alcohol sales. restaurants) shall remain in effect through the duration of Executive Order 20-52. including any extensions. IN TESTIMONY WHEREOF. 1 have hereunto setmy hand and caused the Great Seal of the State of Florida to be affixed. at Tallahassee. this Ist day of April. 2020 A ATTEST: EP---h-XTNLL SECRETARY OF STATE- - -- (1'i 5 t'.S. Department of Homeland Securio Cybcrsccurlty & Infrastructure Sccunty Agency Olfice of the I)it'eaor Washington. DC 2{)528 .H'..I.n. * CISA CYHER+INFRASTRUCTURF March 28,2020 ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE FROM: ChristopherC. Krebs Director Cybersecurityand Infrastructure Sdcurity Agency (CISA) As the Nation :th