April 1, 2020

Florida Follows CISA Guidelines and Allows all Ongoing Construction to Continue

On April 1, Florida Governor Ron Desantis issued Executive Order 20-91, which requires Florida citizens to stay home, and closes businesses except for “essential services” until at least April 30. The Executive Order adopts the federal guidelines created by the Department of Homeland Security (DHS) and the Cybersecurity and Infrastructure Security Agency (CISA) in the updated Coronavirus Guidance for America on March 28, 2020 in its definition of essential services, as follows:

The advisory identifies workers who conduct a range of operations and services that are typically essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing operational functions, among others. It also includes workers who support crucial supply chains and enable functions for critical infrastructure. The industries they support represent, but are not limited to, medical and construction.

The guidelines specifically identify construction as essential to many industries and sectors of the economy. Florida went further and identified construction activities on all open sites specifically as an essential services, regardless of the type of Project being constructed by adopting the list of essential services previously issued by Miami-Dade County and expanding it statewide. Projects that have not yet begun may commence if the construction is for an essential industry or service.  

Governor Desantis’ order establishes state-wide uniformity by trumping all city and county municipal orders and laws. The Order requires all companies, including construction companies, to implement increased hygiene and social distancing as recommended by the CDC and requires office staff to work from home where possible.  

The full text of the order can be found here: https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-91-compressed.pdf  

The DHS/CISA Guidance can be found here: https://www.cisa.gov/sites/default/files/publications/CISA_Guidance_on_the_Essential_Critical_Infrastructure_Workforce_Version_2.0_Updated.pdf  

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