On July 1, the Florida Department of Business and Professional Regulation (DBPR) released an Amended Emergency Order 2020-09 to amend and clarify operating restrictions for bars and restaurants set forth in Emergency Order 2020-09, which was issued on Friday, June 26.  This Order does not modify the exclusion of the South Florida counties who were not previously permitted to enter Phase 2 of Florida’s Re-Opening. Additional local restrictions may also apply.

The Amended order states the following:

For additional information, or to report violators of Emergency Order 2020-09, please contact the DBPR Customer Service Hotline at 850-487-1395.

FRLA has received numerous inquiries regarding DBPR Emergency Order 2020-09, which prohibits the on-premises consumption of alcohol at bars, effective Friday June 26, 2020.

It is FRLA’s understanding that Emergency Order 2020-09 does not alter provisions of Executive Order 20-139, section 4.A., effective June 5, 2020, which states in relevant part that “Restaurants and other establishments…may operate at fifty (50) percent of their indoor capacity, excluding employees, as under Executive order 20-123, Section 1. Bar areas may be open with seated service.”

THIS MEANS THAT RESTAURANT BAR AREAS ARE ALLOWED TO OPERATE AT 50% CAPACITY, WITH SOCIAL DISTANCING, AND SEATED SERVICE ONLY.

These two orders taken together mean SFS (Special Food Service) alcohol licensees, which must, as a condition of license, have sales greater than 50% in food and non-alcohol, remain status quo under EO 20-139, which allows bar top seating with proper party separation, social distancing, and occupancy restricted to 50%.

We caution that your local restrictions may supersede the above, and the overarching objective of EO 2020-09 is preventing crowds from gathering, which businesses have an obligation to actively control.

For additional information, or to report violators of Emergency Order 2020-09, please contact the DBPR Customer Service Hotline at 850-487-1395.

###

BREAKING NEWS: Effective immediately, the Department of Business and Professional Regulation (DBPR) has suspended on premises consumption of alcohol at bars statewide.

On June 26,  DBPR issued Emergency Order 2020-09 prohibiting on-site consumption of alcohol for establishments who derive more than 50% of gross revenue from the sale of alcoholic beverages. Such vendors may continue to sell alcoholic beverages in sealed containers for consumption off-premises.

Restaurants may continue to operate for on-premises consumption of food and beverages at tables pursuant to the restrictions in Executive Order 20-139, so long as these vendors derive 50% or less gross revenue from the sale of alcoholic beverages for on-premises consumption.

Read Emergency Order 2020-09 here.

Download the Report Here

WASHINGTON D.C. (June 18, 2020) – As a result of the sharp drop in travel demand from COVID-19, state and local tax revenue from hotel operations will drop by $16.8 billion in 2020, according to a new report by Oxford Economics released today by the American Hotel & Lodging Association (AHLA).

Hotels have long served as an economic engine for communities of all sizes, from major cities, to beach resorts, to small towns off the interstate—supporting job creation, small business opportunities and economic activity in states and localities where they operate. Hotels also generate significant tax revenue for states and local governments to fund a wide array of government services. In 2018, the hotel industry directly generated nearly $40 billion in state and local tax revenue across the country.

Some of the hardest hit states include California (-$1.9 billion), New York (-$ 1.3 billion), Florida (-$ 1.3 billion), Nevada (-$1.1 billion) and Texas (-$940 million). These tax impacts represent the direct tax revenue decrease from the severe drop in hotel occupancy, including occupancy, sales, and gaming taxes. These figures do not include the potential, significant, knock-on effects on property taxes supported by hotels (nearly $9B).

“Getting our economy back on track starts with supporting the hotel industry and helping them regain their footing,” said Chip Rogers President & CEO of the American Hotel & Lodging Association. “Hotels positively impact every community across the country, creating jobs, investing in communities, and supporting billions of dollars in tax revenue that local governments use to fund education, infrastructure and so much more. However, with the impact to the travel sector nine times worse than 9/11, hotels need support to keep our doors open and retain employees as we work toward recovery. We expect it will be years before demand returns to peak 2019 levels.”

The dynamic growth of the hotel industry over the last decade has been upended by the pandemic, which has caused more than 70 percent of hotel employees to be laid off or furloughed. This year is projected to be the worst year on record for hotel occupancy, and experts estimate it will be at least 2022 before hotels return to their 2019 occupancy and revenue levels. While leisure travel is slowly starting to resume, six in ten hotel rooms remain empty, with business travel is not expected to fully rebound until 2022.

Prior to the pandemic, hotels were proud to support one in 25 American jobs—8.3 million in total—and contribute $660 billion to U.S. GDP. A representative hotel with 100 occupied rooms per night supports nearly 250 jobs in the community and generates $18.4 million in guest spending at neighborhood shops and restaurants. Hotels generate $186 billion in local, state, and federal taxes each year.

The industry has laid out a “Roadmap to Recovery” calling on Congress to provide support to help hotels retain and rehire employees, protect employees and guests, keep hotel doors open and incentivize Americans to travel again.

###

On June 11, new guidance reflecting the Payroll Protection Program Flexibility Act was issued by the Small Business Administration and U.S. Department of Treasury.  “Interim Final Rule on Revisions to First Interim Final Rule”.

• There is no 60% “Cliff” that could have invalidated loan forgiveness
• Borrowers can choose an 8-week period (if receiving the loan before June 5) or the 24-week period
• More guidance will be coming soon on loan forgiveness

Joint Statement by Treasury Secretary Steven T. Mnuchin and SBA Administrator Jovita Carranza Regarding Enactment of the Paycheck Protection Program Flexibility Act

WASHINGTON—U.S. Treasury Secretary Steven T. Mnuchin and Small Business Administration (SBA) Administrator Jovita Carranza issued the following statement today following the enactment of the Paycheck Protection Program (PPP) Flexibility Act:

“We want to thank President Trump for his leadership and commend Leader McConnell, Leader Schumer, Speaker Pelosi, and Leader McCarthy for working on a bipartisan basis to pass this legislation for small businesses participating in the Paycheck Protection Program.”

“We also want to express our gratitude to Chairman Rubio, Ranking Member Cardin, Senator Collins, Congressman Roy, Congressman Phillips, and other members of Congress who have helped to create and guide our implementation of this critical program that has provided over 4.5 million small business loans totaling more than $500 billion to ensure that approximately 50 million hardworking Americans stay connected to their jobs.”

“This bill will provide businesses with more time and flexibility to keep their employees on the payroll and ensure their continued operations as we safely reopen our country.”

“We look forward to getting the American people back to work as quickly as possible.”

Upcoming Procedures

SBA, in consultation with Treasury, will promptly issue rules and guidance, a modified borrower application form, and a modified loan forgiveness application implementing these legislative amendments to the PPP.  These modifications will implement the following important changes:

• Extend the covered period for loan forgiveness from eight weeks after the date of loan disbursement to 24 weeks after the date of loan disbursement, providing substantially greater flexibility for borrowers to qualify for loan forgiveness.  Borrowers who have already received PPP loans retain the option to use an eight-week covered period.
• Lower the requirements that 75 percent of a borrower’s loan proceeds must be used for payroll costs and that 75 percent of the loan forgiveness amount must have been spent on payroll costs during the 24-week loan forgiveness covered period to 60 percent for each of these requirements. If a borrower uses less than 60 percent of the loan amount for payroll costs during the forgiveness covered period, the borrower will continue to be eligible for partial loan forgiveness, subject to at least 60 percent of the loan forgiveness amount having been used for payroll costs.
• Provide a safe harbor from reductions in loan forgiveness based on reductions in full-time equivalent employees for borrowers that are unable to return to the same level of business activity the business was operating at before February 15, 2020, due to compliance with requirements or guidance issued between March 1, 2020 and December 31, 2020 by the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, or the Occupational Safety and Health Administration, related to worker or customer safety requirements related to COVID–19.
• Provide a safe harbor from reductions in loan forgiveness based on reductions in full-time equivalent employees, to provide protections for borrowers that are both unable to rehire individuals who were employees of the borrower on February 15, 2020, and unable to hire similarly qualified employees for unfilled positions by December 31, 2020.
• Increase to five years the maturity of PPP loans that are approved by SBA (based on the date SBA assigns a loan number) on or after June 5, 2020.
• Extend the deferral period for borrower payments of principal, interest, and fees on PPP loans to the date that SBA remits the borrower’s loan forgiveness amount to the lender (or, if the borrower does not apply for loan forgiveness, 10 months after the end of the borrower’s loan forgiveness covered period).
• In addition, the new rules will confirm that June 30, 2020, remains the last date on which a PPP loan application can be approved.

####

This week, Governor Ron DeSantis announced that Phase 2 of Re-Opening Florida would begin June 5, 2020. Issued through Executive Order 20-139, bars in all counties except for Miami-Dade, Broward, and Palm Beach are permitted to open at 50% indoor capacity and restaurants may open their indoor bars for seated service at 50% capacity.

FRLA developed FAQs to assist with member questions for re-opening in Phase 2. They are available here.

Today, President Trump signed H.R. 7010, the Paycheck Protection Flexibility Act into law. The legislation makes a number of retroactive improvements to the Paycheck Protection Program.

Components of the legislation include the following:

• Changes the forgiveness period for PPP loans from 8 weeks to 24 weeks;
• Extends the covered period for loans to December 31, 2020;
• Changes the restrictions limiting non-payroll expenses from 25% to 40%;
• Changes the loan maturity limit from 2 years to 5 years, and;
• Ensures full access to payroll tax deferment.

Please note that June 30th is still the deadline for those who have not yet had a PPP loan processed to be issued one, so speak with you lender right away if you are interested.

The National Restaurant Association has provided an analysis for how the bill would change PPP for current users, and that document can be found here.