While many other parts of the State of Florida began Phase 1 of Governor DeSantis' three-phase plan for reopening on May 4, just this week the Governor authorized Miami-Dade County (and Broward County) to begin Phase 1. What does this mean?
In order to facilitate the entire reopening process (for Phase 1 through Phase 3), Miami-Dade County has established its own color-coded tier system.
Color Coded Tiers:
Red- This is the most stringent tier and the one businesses have been operating under since March 19th. Only essential businesses (as provided in Miami-Dade Emergency Order #07-20) and businesses that can performed remotely (law firms, IT centers, real estate offices, retail with on-line ordering and remote pick-up, etc.) were allowed to open.
Orange- Lower proximity (person to person) locations, such as, parks, marinas, and golf courses, were allowed to open on April 29th pursuant toMiami-Dade Emergency Order #21-20. As this applied only to limited recreational locations, it did not have a significant effect on businesses.
Yellow- Higher proximity locations that can be safeguarded, such as, museums, retail, and office spaces, will be allowed to open with strict capacity limits, social distancing and facial covering requirements.
Green- Higher proximity locations where it is difficult to safeguard, such as, gyms, movie theaters, and bars, will be allowed to open with some capacity limits, social distancing and facial covering requirements.
Blue- The “New Normal”. All businesses may open with social distancing and facial coverings encouraged.
Currently, Miami-Dade is operating under the Orange tier. On Monday, May 18th, the County is set to begin operating under the Yellow tier*. This means that most businesses will be able to open in a limited capacity following strict safety guidelines. The businesses covered in Miami-Dade County Emergency Orders #3-20 (except restaurants) and #9-20 must still remain closed. These businesses include bars, clubs, movie theaters, gyms, hotels, vacation rentals, tattoo shops and massage parlors.
For those businesses allowed to open under the Yellowtier, there are a number of safety guidelines that businesses must follow:
Enhanced sanitizing of all common areas and frequent touch points;
Placement of trash containers for PPE near exits, entrances and common areas;
Comprehensive cleaning each night, including disinfecting frequent touch points and emptying all trash by double bagging and securely sealing;
Posting CDC signage emphasizing “Stop the Spread of Germs”;
Installing hand sanitizer at entry points and throughout the location;
Training all personnel in the new operating protocols; AND
If infection occurs, immediately reporting the number of infected, timing of infection and proposed remediation plan to local authorities. All staff must be tested, the workplace treated with a deep-sanitation, and the entire office building closed until common areas are sanitized.
In addition to the above required guidelines, there are several other guidelines that the County strongly recommends for all businesses, as well as, industry specific guidelines for retail, personal grooming, manufacturing, arts & culture, warehousing, restaurants, hotels and accommodations. These guidelines can be found in the County's 184 page "The New Normal: A Guider for Residents and Commercial Establishments". (Aside from the guidelines, it has helpful resources for businesses.)
While we are all hopeful there will be a straight-line progression towards the full reopening of Miami-Dade County, if COVID-19 cases increase after moving into any new tier, the County reverses the right to return to a previous tier. Therefore, it is important to stay informed.
Ser & Associates is here to help you and your business adjust to the "New Normal". If you have any questions about Miami-Dade's reopening or if we may assist you with other legal matters, please contact us at 305-222-7282 or firstname.lastname@example.org.
You can view our previous Small Business Resources & Updates here:
* Please Note: As of the writing of this Resources & Updates, the County has not issued the final order, and this information is subject to change. Also, the information above is not legal advice, represents only a summary and by no means encompasses all the aspects of each order. Please make sure to confer with your attorney, accountant, insurance agent and/or banker in connection with your situation and circumstances. And, please contact us, if we may be of assistance to you and/or your business.
At Ser & Associates we provide a business approach to legal services. It’s our mission to work with small businesses and their owners with a one-stop shop approach that includes business and contract law, residential & commercial real estate (buy/sell, leasing), land use & zoning, government contracting, minority certification, litigation, estate planning, intellectual property (trademarks/copyrights) and wealth protection. We also offer the MyGC/My General Counsel® Program to those business owners requiring on-going legal services at an affordable monthly rate. Contact us at Info@Ser-Associates.com or 305-222-7282 for a free consultation.