Daytona Beach Mayor Derrick Henry Speaks
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Governor’s Executive Order No.20-244, “suspends the collection of fines and penalties associated with COVID-19 enforced upon individuals”. Technically, the Governor’s Executive Order does not preempt City Resolution No. 2020-165, which generally requires persons to wear face coverings while located indoors (other than their residence), when not maintaining social distancing. The Governor’s Order leaves the requirements in place, but preempts enforcement of those requirements.
In answer to your first question, the wearing of face coverings and posting such requirements at business as required by City Resolution 2020-165 and 2020-185, respectively, is now voluntary to the extent that the City is precluded from enforcing those requirements by Governor’s Executive Order No. 20-244.
A business can still require customers to wear face coverings as a condition of service. Persons who refuse to comply with rules established by the business can be arrested for trespass after a warning and assuming their refusal to leave. Businesses can also require employees to wear face coverings and take other COVID-19 precautions, and they may discipline employees who fail to comply with such requirements.
A copy of the Governor’s Executive Order is attached for your reference. As a side note, it would not appear based on this Order, that the Governor does not intend to extend the waiver of the statutory requirement for a physical quorum of the public body at public meetings. That exemption is set to expire on October 1, 2020. I will update you according at that time.
Please let me know if you have any further questions.
Robert Jagger City Attorney City of Daytona Beach P.O. Box 2451 Daytona Beach Fl 32115-2451 386-671-8040 JaggerR@codb.us