FAQs for Executive Order 20-91, Essential Services and Activities During COVID-19 Emergency

Family meal program will help feed students and families in need across Florida impacted by the crisis

ORLANDO – As the community faces an unprecedented public health crisis, a network of local restaurants, hotels and hospitality industry organizations have joined forces alongside of the Florida Department of Agriculture and Consumer Services to launch Feed the Need Florida, a program that provides needed meals to food-insecure students and their families across Orange County and the state of Florida.

The Florida Department of Agriculture’s Summer Food Service Program provides funding to distribute meals to students in need, however the program does not provide meals for other family members. 4Roots, the nonprofit entity sponsoring the Feed the Need Florida program, will come alongside the local public school systems throughout the state to provide donated meals to the many families in need.

“There is an unprecedented need for students and families to have immediate and easy access to fresh, nutritious meals,” said John Rivers, CEO and founder of 4Roots and 4R Restaurant Group. “In the midst of the COVID-19 crisis, we felt an obligation to rally the industry to help fill gaps in Florida’s ‘grab and go’ program, and also ensure that the families of these students likewise have access to meals. We are so thankful to have in this effort state government as well as restaurant, hotel, food distributor and corporate partners who share our heart to step up and meet this need. We are blessed to be in a position to serve in this capacity and hope individuals and businesses alike will join us in meeting the need.”

Feed the Need Florida is in direct coordination with the Florida Department of Agriculture to identify sites where meal distribution is needed.

“Fighting back against the worst pandemic in a century requires innovative solutions, especially to keep families from going hungry,” said Florida Commissioner of Agriculture Nikki Fried. “We’re so grateful to partner with Chef John Rivers, 4Roots, and the 4R Restaurant Group on this extraordinary effort to ensure Floridians can feed their families during this public health crisis. This partnership is a perfect example of working together to overcome enormous obstacles and leverage food service, hospitality, corporate, and government resources to fill critical gaps in food supply. We truly are all in this together, and together, we will feed the need.”

Building a Community Kitchen Network to Feed the Need

The 4R Restaurant Group will leverage its 4 Rivers BBQ resources to support the meal preparation and distribution across the state in coordination with the Florida Restaurant & Lodging Association and the Florida Department of Agriculture. 4Roots activated a 25,000-square-foot warehouse space in Orlando to receive food from the hospitality and restaurant industry to prepare meals in the 4 Rivers 8,000-square-foot commissary kitchen in Orlando. They will also partner with the state to establish food collection, meal prep and distribution points to fill gaps in other counties via the 14 restaurant locations 4 Rivers has throughout Florida. As the program expands, Feed the Need Florida will develop a network of restaurant and catering partners to serve the anticipated growing need to address community hunger.

“Our industry is truly made up of the very best people,” said Carol Dover, President and CEO of the Florida Restaurant and Lodging Association. “Despite being significantly impacted themselves by the COVID-19 pandemic, restaurateurs across Florida are stepping up to fill critical needs for food. We are proud to join 4R Restaurant Group, 4Roots, and our many other restaurants who are making a difference during this difficult time. Not only will these efforts help students, families, and seniors, but they will help support whole communities needing extra help when they need it most.”

Together, the program establishes a system to receive food donations, preserve jobs, and prepare nutritious meals to be served to thousands of families of students throughout Florida who rely on free and reduced-price school meals.

The program would not be possible without the support of the entire Florida restaurant and hospitality community, including support from FreshPoint and Walmart with additional in-kind and monetary donations coming from other partners. It’s a model leaders say could be replicated by school districts, state governments and community partners across the country.

Take Action

Two ways individuals and corporations can participate:

• Donate now at org. 4Roots is accepting monetary donations as well as food donations from restaurants, the hospitality industry and other corporations.
• Spread the word and encourage others to contribute to support Feed the Need Florida via social media using the hashtag #FeedtheNeedFL.

Visit feedtheneedfl.org for more information.

ABOUT 4ROOTS

4Roots is an Orlando-based nonprofit community alliance founded by Chef John Rivers of the 4R Restaurant Group, dedicated to building a better food future and ending food insecurity in our community. In 2019, the organization began laying the foundation for its farm campus in the heart of Orlando to serve as a community crossroads where individuals and organizations work together to engage a holistic approach to food systems change, focusing on health, education, economic development, and sustainability. For more information, visit 4rootsfarm.org or follow along on Facebook and Instagram.

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BOCA RATON, Fla. (March 26, 2020) – Florida Atlantic University’s nationally ranked Hospitality and Tourism Management program, within FAU’s College of Business, is offering a free certificate to industry workers and professionals who may be affected by the COVID-19 crisis.

Through a series of five online sessions in April, participants can learn about the core components required for success in the industry. The sessions cover hospitality law, career competencies, marketing and revenue management, finance fundamentals and service excellence.

“Hospitality will always rebound, but this is the first global crisis where every hospitality segment was affected at the same time,” said Peter Ricci, Ed.D., director of FAU’s Hospitality and Tourism Management program.

FAU’s Hospitality and Tourism Management program, ranked by The Best Schools as one of the top 30 hospitality programs in the country, has offered the certificate for more than 10 years at a cost of $900 per participant, but FAU is waiving all fees to help workers weather this unprecedented period.

Hospitality is the largest private employer in Florida with more than 1.1 million people, but estimates show that roughly half of those workers have been laid off or had hours reduced since the pandemic disrupted nearly every aspect of American life. During the down time, workers may question their career choice, said Ricci.

“This is a tool to keep people positively engaged while they are not at work so they can be better prepared to hit the ground running when things do ramp back up,” he said, adding that the sessions highlight key areas covered by hospitality and tourism students who pursue a bachelor’s degree in business administration from FAU.

The certificate can benefit hourly associates, supervisors and executives who work in hotels, restaurants, cruise lines, casinos or for any service-oriented business.

Sessions will begin on April 9, though the coursework will be recorded for viewing at any time. Attendance and progress will be measured by short quizzes after each session.

FAU’s College of Business and its Executive Education programs recently were ranked No. 1 in Florida by Financial Times. To register for the certificate, click here.

-FAU-

About Florida Atlantic University:
Florida Atlantic University, established in 1961, officially opened its doors in 1964 as the fifth public university in Florida. Today, the University, with an annual economic impact of $6.3 billion, serves more than 30,000 undergraduate and graduate students at sites throughout its six-county service region in southeast Florida. FAU’s world-class teaching and research faculty serves students through 10 colleges: the Dorothy F. Schmidt College of Arts and Letters, the College of Business, the College for Design and Social Inquiry, the College of Education, the College of Engineering and Computer Science, the Graduate College, the Harriet L. Wilkes Honors College, the Charles E. Schmidt College of Medicine, the Christine E. Lynn College of Nursing and the Charles E. Schmidt College of Science. FAU is ranked as a High Research Activity institution by the Carnegie Foundation for the Advancement of Teaching. The University is placing special focus on the rapid development of critical areas that form the basis of its strategic plan: Healthy aging, biotech, coastal and marine issues, neuroscience, regenerative medicine, informatics, lifespan and the environment. These areas provide opportunities for faculty and students to build upon FAU’s existing strengths in research and scholarship. For more information, visit fau.edu.

Tallahassee, Fla. – On Monday, March 16, 2020, Governor Ron DeSantis directed the Department of Revenue (Department) to provide flexibility on tax due dates to assist those adversely affected by COVID-19.

Today, Department of Revenue Executive Director Jim Zingale issued an emergency order to extend the final due date for property tax payments for the 2019 tax year. The Department also extended the due date to file railroad, railroad terminal, private car and freight line and equipment company property tax returns.

Order of Emergency Waiver/Deviation #20-52-DOR-01 applies to all 67 Florida counties. Property tax is normally due by March 31 in the year following the year the taxes are assessed. The Department waives the due date so that payments remitted by April 15, 2020, for the 2019 tax year will be considered timely paid. Property tax returns for railroad, railroad terminal, private car and freight line and equipment company property are normally due by April 1. Returns will be timely filed if filed by April 15, 2020.

The Department has implemented the filing date extensions pursuant to subsection 213.005(2), F.S., which authorizes the Executive Director of the Department of Revenue to carry out certain actions during a declared state of emergency. On March 9, 2020, Governor Ron DeSantis issued Executive Order Number 20-52, declaring a state of emergency in response to the recent COVID-19 outbreak.

Property taxpayers who have additional questions should contact their county tax collectors. Railroad and private car line companies with additional questions may contact the Department at [email protected]. Visit the Department’s webpage for COVID-19 updates.

Contact: Bethany Wester, Interim Communications Director
[email protected] | 850.617.8214

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Tallahassee, Fla. – On Monday, March 16, 2020, Governor Ron DeSantis directed the Department of Revenue (Department) to provide flexibility on tax due dates, such as sales tax, to assist those adversely affected by COVID-19.

Today, Department of Revenue Executive Director Jim Zingale issued an emergency order to extend certain filing deadlines for Florida businesses. This action is taken to provide short-term relief to taxpayers while recognizing the requirement for a balanced state budget. Sales tax, Florida’s largest state tax, produces $26.2 billion annually and funds more than 78% of Florida’s General Revenue programs.

Sales and use tax, as well as other related tax returns and payments, are normally due on the first day of the month and are late after the twentieth day of the month. Order of Emergency Waiver/Deviation #20-52-DOR-002 outlines:

• Taxpayers who have been adversely affected by COVID-19, have an extended due date to April 30, 2020, for sales and use tax, as well as other related taxes, collected in March.
• Taxpayers who have not been adversely affected by COVID-19 continue to file and remit taxes no later than the normal due date of April 20.
• Taxpayers who were unable to meet the March 20 due date will have penalty and interest
waived for taxes collected in February if the taxes are reported and remitted by March 31, 2020.

Adversely affected taxpayer means:
• The business closed in compliance with a state or local government order and had no
taxable sales transactions as a result; or
• The business experienced sales tax collections in March 2020 that are less than 75% of
March 2019 sales tax collections; or
• The business was established after March 2019; or
• The business is registered with the Department to file quarterly.

Taxpayers who fall within the definition of adversely affected but who are able to file and pay on time are encouraged to do so.

On March 9, 2020, Governor Ron DeSantis issued Executive Order Number 20-52, declaring a state of emergency in response to the recent COVID-19 outbreak. The Department has implemented the filing date extensions pursuant to subsection 213.005(2), F.S., which authorizes the Executive Director of the Department of Revenue to carry out certain actions during a declared state of emergency. This order pertains to the February and March collection periods and does not reflect potential actions that may be taken for future filing periods.

For taxpayers who have additional questions, the Department has established a dedicated team to address tax-related issues pertaining to COVID-19 and created an email address, [email protected]. Visit the Department’s webpage for COVID-19 updates.

Contact: Bethany Wester, Interim Communications Director
[email protected] | 850.617.8214

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Contact: DOEA, Rebecca Roberts, [email protected]
FRLA, Ashley Chambers, [email protected]

TALLAHASSEE – Today, the Florida Department of Elder Affairs (DOEA) announced a partnership with the Department of Business and Professional Regulation (DBPR) and the Florida Restaurant and Lodging Association (FRLA) that allows the needs of the business community and workers in the restaurant business to be matched with the needs of the elderly and meal delivery services.                                                             

“By working together, our agencies will be able to ensure all of our 5.5 million seniors have safe access to food,” said Richard Prudom, Secretary for the Florida Department of Elder Affairs.  “Governor DeSantis has helped to facilitate this process and allowed restaurants and food establishments to become emergency meal vendors for Florida’s seniors who are homebound or self-isolating for protection. We are in constant communication with seniors and our senior-care providers around the state and we know this action will greatly increase the flexibility of our communities to access meal delivery.”                                                                         

As meal sites for seniors close around the state to prevent the spread of COVID19, the collaboration between state agencies and the restaurant association will provide one more layer of food reassurance to our seniors.

“Restaurants are the very fabric of communities across Florida,” said Carol Dover, President & CEO of the Florida Restaurant and Lodging Association. “Providing jobs, serving customers, and creating memorable experiences for guests are key in our hospitality industry, but our restaurants contribute so much more than that. Ensuring that older Floridians have access to food during this unprecedented time is important to our restaurant owners and employees, and we commend Governor DeSantis, Secretary Prudom, and Secretary Beshears for working with our to industry to help serve those in need.”

DOEA’s 11 Area Agencies on Aging throughout the state will work with local volunteers and other local service providers to ensure meal delivery to Florida’s most vulnerable population. Meal delivery by volunteers and other organizations will also combat social isolation of seniors by providing the simple interaction of food delivery to the doorstep of an elder.

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For more information about the Florida Department of Elder Affairs, visit www.elderaffairs.org.

Contact: Governor’s Press Office at (850) 717-9282 or [email protected]

Tallahassee, Fla. – Governor Ron DeSantis sent a letter to President Donald Trump formally requesting that he declare a Major Disaster as Florida responds to COVID-19.

The letter requested the inclusion of the following Individual Assistance Programs in the declaration: Disaster Unemployment Assistance, Crisis Counseling, Community Disaster Loans and the Disaster Supplemental Nutrition Program.

The declaration is submitted as a result of the COVID-19 response for the incident period beginning January 20, 2020, for all sixty-seven (67) counties. In addition to the Individual Assistance Programs, the declaration requests additional resources and support from FEMA.

To view the Governor’s letter to President Trump, click HERE.

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On March 21, FRLA released updated Frequently Asked Questions following recent Executive Orders in response to the COVID-19 pandemic in Florida and across the U.S.

The FAQs can be found here.

TALLAHASSEE – Today, Governor Ron DeSantis announced that Florida restaurants will move to take-out and delivery only in response to the evolving COVID-19 impact across the state. In his Executive Order, the Governor also lifted the ban on alcohol delivery for restaurants under certain conditions.

In the order, Governor DeSantis expressed his support to retailers, restaurants, and employees as they pursue creative business practices that safely serve consumers during this temporary period of social distancing.

“Governor DeSantis continues to lead and take swift action out of precaution for the safety of Florida residents and visitors,” said Carol Dover, President & CEO of the Florida Restaurant and Lodging Association. “Allowing restaurants to stay open for delivery and take-out, while also lifting the ban for alcohol delivery, is critical to supporting Florida’s dining establishments and their employees. We applaud Governor DeSantis for allowing Florida’s hospitality industry to continue to meet the needs of communities across Florida during this difficult time.

For more information and industry-related COVID-19 updates, please visit https://frla.org/covid-19.

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By Nichole Mooney

Over the weekend, the U.S. House of Representatives passed the Families First Coronavirus Response Act (the FFCRA). The FFCRA was sent to the Senate, with some amendments to the original bill. It was passed by the Senate and signed by President Trump on March 18, 2020; it becomes effective in fifteen days, on April 2, 2020. This is one of several relief acts expected to deal with the Coronavirus Pandemic.

There are a number of divisions of the FFCRA. For employers and employees there are two provisions with immediate impact. Division C, the “Emergency Family And Medical Leave Expansion Act,” provides leave, part of which is paid, to employees who cannot work in order to care for children under 18 who are home related to school and childcare closures. Division E, the “Emergency Paid Sick Leave Act,” provides paid sick leave for certain employees. Both Divisions apply to employers with less than 500 employees. For employers, an additional section, Division G –“Tax Credits For Paid Sick And Paid Family And Medical Leave” is also important and provides tax credits for both of the paid leave benefits required under Divisions C and E.

Both the benefits under the Emergency Family and Medical Leave Expansion Act (Emergency FMLA) and the Emergency Paid Sick Leave Act (Emergency Sick Leave) will be available April 2, 2020 and expire December 31, 2020.

DIVISION D – EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT

The Emergency FMLA amends the existing Family and Medical Leave Act of 1993 (FMLA) in several significant ways:

1. The Emergency FMLA applies to employers with less than 500 employees.
2. Employees are eligible for leave under the Emergency FMLA if he or she has been employed with the employer or for at least 30 calendar days. (This expands coverage beyond the FMLA which requires employment for 12 months.)
3. The Emergency FMLA provides leave when there is a “Qualifying Need Related to a Public Health Emergency.” This means that the employee is unable to work or telework because the employee must provide care for a child under 18 where the child’s school or place of care has been closed, or the childcare provider is unavailable, due to the public health emergency. For purposes of the Emergency FMLA, “Public Health Emergency” means an emergency with respect to COVID-19 which has been declared by a federal, state or local authority.
4. Leave is available up to 12 weeks and part of it is paid:
   1. The first 10 days of such leave may be unpaid (but see section on Emergency Sick Leave below which may apply in this period). In the employees’ discretion (the employer may not require substitution of paid leave), the employee may elect to substitute accrued vacation leave, personal leave, or medical or sick leave for the unpaid portion of the Emergency FMLA.
   2. After 10 days, the employer must provide paid leave for each day of leave under the Emergency FMLA.
   3. The paid leave shall be not less than two-thirds of the employee’s regular rate of pay and is based on the number of hours the employee would otherwise be normally scheduled to work.
   4. There is a cap on the paid leave – $200.00 per day or $10,000.00 in the aggregate.

5. Like the FMLA, the Emergency FMLA provides for job restoration, except that job restoration is not required for employers with fewer than 25 employees if:
   1. The position held by the employee when the leave begins does not exist due to economic conditions or other changes in the operations of the employer that affect employment and are caused by the public health emergency during the leave;
   2. The employer makes reasonable efforts to restore the employee to a position equivalent to that which the employee held when the leave commenced; and
   3. If reasonable efforts to restore the employee fail, the employer must continue to contact the employee if an equivalent position becomes available for a period of one year beginning the earlier of the date on which the qualifying need concludes, or 12 weeks after the date on which the employee’s Emergency FMLA leave commences.

6. The Secretary of Labor may issue regulations:
   1. Which exclude from the Emergency FMLA certain healthcare providers and emergency responders from the definition of eligible employees; and
   2. Exempt small business with fewer than 50 employees from the requirements of the Emergency FMLA when imposition of such requirements would jeopardize the viability of the business as a going concern.

It is unknown what the requirements for these exemptions will be. However, regulations are expected in the near future.

DIVISION E – EMERGENCY PAID SICK LEAVE ACT

Generally, there is no federal requirement to provide paid sick time. Florida also does not have such a requirement. However, under Emergency Paid Sick Leave, certain paid sick time will be required of all employers. The most immediately relevant portions are:

1. It applies to all employers with less than 500 employees.
2. Emergency Sick Leave is available for immediate use regardless of how long the employee has been employed (i.e. leave time is not accrued based on time worked).
3. It provides that an employer shall provide each employee paid sick time if the employee is unable to work or telework because:
   1. The employee is subject to a federal, state or local quarantine or isolation order related to COVID-19;
   2. The employee has been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19;
   3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis;
   4. The employee is caring for an individual described in (a) or (b) above;
   5. The employee is caring for a son or daughter whose school or place of care has been closed, or a childcare provider is unavailable, due to COVID-19 precautions;
   6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of Treasury and Secretary of Labor. (We do not yet have clarification on what this is intended to address.)

4. An employer of an employee who is a healthcare provider or emergency responder may elect to exclude such an employee from these requirements.
5. The following applies to the Emergency Paid Leave:
   1. Full-time employees are entitled to 80 hours;
   2. Part-time employees are entitled to the number of hours that the employee works on average over a two-week period;
   3. Emergency Sick Leave does not carry over from one year to the next, and terminates at the end of 2020;
   4. Employers may not require employees to try to find someone to cover the hours the employee misses while using Emergency Sick Leave; and
   5. The employee may first use Emergency Sick Leave and the employer cannot require the employee to first use other paid leave provided under its policies – thus, it appears this leave is in addition to, and does not run concurrently with other time off available under current policies.

6. Calculation and Caps:
   1. Emergency Sick Leave is calculated based on the employee’s regular compensation and the number of hours the employee would otherwise normally be scheduled to work. If the employee’s hours vary from week to week, they are calculated based on the average number of hours the employee was scheduled to work per day over the six-month period ending on the date on which the employee takes the leave.
   2. Sick time for an employee’s own health is paid at the employee’s regular rate. Paid sick time for the other circumstance is paid at not less than two-thirds of the employee’s regular rate. This is capped:
      1. Emergency Sick Leave shall not exceed $511.00 per day, or $5,110.00 in the aggregate, for any circumstance in which the employee is using the leave because of the employee’s own required quarantine or symptoms as described in paragraphs (3) (a)-(c) above.
      2. Emergency Sick Leave shall not exceed $200.00 per day, or $2,000.00 in the aggregate, for any employee using the sick leave to care for a child, individual subject to quarantine or experiencing symptoms, or the “other substantial similar condition” specified in the Act – symptoms as described in paragraphs (3) (d)-(f) above.

FOR EMPLOYERS

The FFCRA also provides certain tax credits to assist with the required paid leave under the Emergency FMLA and Emergency Sick Leave. There will be a tax credit for each calendar quarter in an amount equal to 100% of the qualified sick leave wages paid. The tax credit is equal to the amount paid and utilizes the same caps which apply to the paid sick leave. It further provides that if there is any excess credit for any calendar quarter, it shall be treated as an overpayment and refunded. Division G also provides certain credits for eligible self-employed individuals.

Access the full text of the FCRA here.

The regulations to implement the FFCRA are expected within 15 days and will hopefully provide some additional clarity. In the meantime, please review your existing paid time off policies and begin to consider how the Emergency FMLA and Emergency Sick Leave will be utilized in your place of business. If we can be of assistance during this difficult time, please do not hesitate to contact our team.

Nicky Mooney is a shareholder and employment law attorney at Dean Mead in Orlando where she represents individuals and businesses of all sizes in business litigation and employment related issues. She has extensive experience drafting employment and severance contracts, drafting handbooks and policies, and counseling and representing employers in litigation regarding all types of employee actions, rights and obligations, including, but not limited to, wage and hour questions and disputes, FMLA issues, claims of discrimination, retaliation, theft of trade secrets, and all other manner of employment related litigation under Florida and federal law. She may be reached at [email protected].