Earlier today Governor Desantis indicated that he would be issuing a 30 day “stay at home” order for Floridians. Similar to the orders issued by Pinellas and Hillsborough County last week, this Florida-wide order allows certain essential industries to continue to operate. Construction is one of the industries, both residential and commercial. What follows is a specific breakdown of Governor Desantis’ order and how it describes the segments of construction that are allowed to continue. A copy of the full order can also be accessed by clicking here. If you have any questions, please do not hesitate to contact me at, and stay safe out there!
Under the order, Essential Services are listed in three separate places: (1) the US Dep’t of Homeland Security’s guidance on critical infrastructure workforce, (2) the businesses and activities listed in Executive Order 20-89, and (3) other essential services approved by the State Coordinating Officer and the State Health Officer.
First, construction is most clearly allowed under item #2 above – the list in Executive Order 20-89, which allows the following construction related activities:
- Contractors and other tradesmen, appliance repair personnel, exterminators, and other service providers who provider services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures;
- Landscape and pool care businesses, including residential landscape and pool care services;
- Open construction sites, irrespective of the type of building;
- Architectural, engineering, or land surveying services.
Second, construction is also allowed under item #1 above. Most of that list can be found at www.cisa.gov, but it can be vague. Many specific types of construction are allowed, for example telecommunications towers. But, under the public works and infrastructure support services, the following are specifically allowed, which should encompass most construction:
- Workers who support the supply chain of building materials from production through application/installation, including cabinetry, fixtures, doors, cement, hardware, plumbing, electrical, heating/cooling, refrigeration, appliances, paint/coatings, and employees who provide services that enable repair materials and equipment for essential functions
- Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC technicians, landscapers, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response.
- Workers in hardware and building material stores, consumer electronics, technology and appliances retail, and related merchant wholesalers and distributors.
- Workers performing housing construction related activities
- Workers supporting the construction of housing, including those supporting government functions related to the building and development process, such as inspections, permitting and plan review services, etc..
- Workers who support sawmills and the distribution of fiber and forest products, including, but not limited to, timber, paper, and other wood fiber products.
- Workers engaged in energy sector construction
- Workers in the electricity industry (electricians, and many more)
- Workers in natural and liquid propane pipeline construction
- Infrastructure construction
- Workers performing road and line clearing related to transportation, energy, and communications
- Workers ensuring the effective removal, storage, and disposal of residential and commercial solid waste
- Installation, maintenance, and repair of communications and information technology services and hardware
- Workers to ensure the continuity of building functions, including, but not limited to, security, environmental controls (e.g. HVAC), and the permits and inspections for construction supporting these items.
- Workers distributing, servicing, repairing, and installing residential and commercial HVAC systems.
Third, the State Coordinator’s list will be available at www.floridadisaster.org and www.floridahealth.gov. Nothing new is listed on either website yet, but you should check there for updates.
As always, feel free to reach out to me at 727-743-1037 or jason.lambert@hwhlaw.com with any questions you have and stay safe out there!