Who will enforce first phase of DeSantis’ reopening order?
Governor limits restaurant, retail capacity to 25%
Gov. Ron DeSantis’ plan to reopen Florida will allow restaurants and retailers to serve customers next week if they keep capacity below 25%. Noncompliance could mean a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
But it is unclear who will ensure that businesses follow the rules. State and local officials have given conflicting explanations, the latest example of a disconnect between the governor’s office and city and county governments.
In an FAQ released late Wednesday, the governor’s office gave a concise answer to a question Floridians might have before returning to shops and restaurants as soon as Monday: How is the order enforced?
“By law enforcement,” the FAQ said. “Violation of the Governor’s Executive Order is a second-degree misdemeanor.”
The next question: “Where can I report a business that violates the Governor’s Executive Order?”
The answer: “Local law enforcement.”
But Orange County officials, including the Sheriff ’s Office and Mayor Jerry Demings, said they expect the state’s Department of Business and Professional Regulation to enforce DeSantis’ order.
Demings said at a press conference Thursday morning that local cops “in some cases may be pulled into the enforcement activities.”
“But generally speaking, those broad directives that the governor put out, they are state agencies that are responsible for the enforcement,” Demings said.
He added that enforcement could involve anything from a DBPR or Department of Health inspector going to check out a business.
“It could look like if there’s a complaint filed, local law enforcement may go in and gather information about it to see if there is compliance with the law itself,” he said. “It’ll be multiple entities that will have that regulatory authority to enforce the provisions of the governor’s directive.”
The region’s biggest police agency had a similar message Thursday.
“If you see a business that is not in compliance with @GovRonDeSantis executive order … please report that to @FloridaDBPR,” the Orange County Sheriff ’s Office said in a post on Twitter.
The state regulatory agency, which licenses businesses ranging from salons to veterinary offices and real estate agents, but which lacks arrest authority, retweeted the law enforcement agency’s post. The DBPR has a form on its website where people can report executive order violations.
The statewide agency has about 1,600 staff. The Orange Sheriff’s Office alone employs roughly as many deputies.
And while DeSantis’ FAQ three times pointed to police as enforcing his order, the order itself said the DBPR “shall utilize its authorities under Florida law to implement and enforce the provisions of this order as appropriate,” while also noting that violations are a criminal offense.
Michelle Guido, a spokeswoman for Orange Sheriff John Mina, cited the language from the DeSantis order in explaining that OCSO “has no plan to proactively go into restaurants or other places of business to monitor whether they are following the guidelines.”
“Of course, people can always call law enforcement. We will respond to calls when people have concerns, as we have been while the stay at home order has been in effect,” she added. “In most cases, deputies have been able to speak with people and get them into compliance.”
Bob Kealing, a spokesman for the Seminole County Sheriff’s Office, said there are “some ongoing discussions” about DeSantis’ order.
“Generally speaking, we would anticipate responding as we have to other calls from citizens concerned about capacity and/or social distancing,” he said. “We will continue to emphasize education and trust that our local business people will make a good faith effort to comply with the Governor’s plan.”
The Orlando Police Department is also encouraging residents to report violations of the governor’s order to the DBPR, spokeswoman Autumn Jones said.
“The Orlando Police Department is currently reviewing the executive order with its legal advisors, Orange County, and other agencies to determine what other enforcement action is advised,” she added.
Kelley Teague, Orange County’s director of legislative affairs, told Demings’ Economic Recovery Task Force on Thursday that state and local law enforcement authorities would be responsible for making sure businesses follow the rules, including sharply limiting the number of patrons inside a restaurant or store.
Teague told the Business Compliance & Consumer Confidence working group that state agencies could also be involved, including the DBPR and health department in each county, which inspects restaurants and other business for compliance with sanitary health codes.
A member of that group, OCSO Major Robert Anzueto, said deputies expect to field a lot of citizen complaints about compliance issues and will provide a web link to lodge a complaint with state regulating authorities.
“Please understand it’s not going to be a high priority of ours,” he said.
Even as DeSantis’ reopening plan is set to begin in days, local governments are still hashing out their own plans, including the potential to tack on additional requirements for reopening local businesses, such as a mandate that employees wear face masks or have their temperatures taken.
Demings and Orlando Mayor Buddy Dyer, both Democrats, have said at public briefings that neither of them has heard directly from DeSantis, a Republican, during the pandemic, despite Orlando making up a significant portion of the state’s economy.
Prior to DeSantis’ announcement, Orange County’s Economic Recovery Task Force had been discussing a plan to allow most businesses — including theme parks — to reopen at 50% capacity in the first phase. Demings had also expressed a desire to start that process later than May 11.