Bill would let churches stay open during emergencies if businesses are running

TALLAHASSEE — Churches and other religious institutions wouldn’t have to turn away congregants because of government orders during future emergencies as long as businesses are allowed to stay open, under a bill approved Thursday by the Florida Senate.

The Senate voted 31-3 to approve the measure (SB 254), which would prohibit emergency orders from “directly or indirectly” preventing religious institutions from conducting services or activities if businesses are still operating.

“It is born out of the pandemic, but not,” sponsor Jason Brodeur, R-Sanford, said when asked if the measure applies only to the COVID-19 pandemic. “It applies to all emergency orders that would come in. It would basically say if Publix is open, so is your place of worship. What it doesn’t seek to do is what we’ve seen in some of the other states, where churches, synagogues and mosques were singled out for congregated activities.”

In voting for the measure, Sen. Audrey Gibson, D-Jacksonville, said leaders of religious institutions would not be blocked from holding services online or requiring congregants to wear masks and abide by other safety precautions.

Sen. Bobby Powell, a West Palm Beach Democrat who voted against the bill, argued earlier this month that the state has a responsibility to protect people. Powell was joined in voting against the bill by Sen. Lori Berman, D-Delray Beach, and Sen. Tina Polsky, D-Boca Raton.

“There were a number of times that religious institutions decided to gather, and the result of that caused many people their lives,” Powell said during a Jan. 13 committee meeting. “That being said, we’re stewards of the state. We do have a responsibility to always kind of move the state forward. In essence, a religious institution being within the state of Florida, thus authorizing them to buck the system by ignoring emergency orders, is not what I think we’re here to do.”

Lawmakers pushed for the measure because of high-profile situations about churches in various parts of the country being forced to close or scale back early in the COVID-19 pandemic.

Gov. Ron DeSantis included a provision within one of the more than 50 supplemental coronavirus-related executive orders he issued after March 9, 2020, that allowed certain essential businesses and establishments to operate at reduced capacities, including churches, synagogues and other houses of worship.

DeSantis’ action followed the arrest of a Tampa megachurch pastor for holding two in-person church services in violation of a Hillsborough County ordinance prohibiting gatherings of more than 10 people. The charges were eventually dropped.

The House version (HB 215) of the bill moved forward Wednesday to the full House.

PHELAN M. EBENHACK/AP Florida Sen. Jason Brodeur during a Senate Affairs Committee meeting Jan. 12. The Senate voted 31-3 to approve a bill that would prohibit emergency orders from “directly or indirectly” preventing religious institutions from conducting services if businesses are still operating.