March 30, 2020
OPINION LETTER
TO: The Roofing Contractors Association of South Florida and Board Members
RE; Broward County Administrator’s Emergency Order 20-03; Miami Dade County Emergency Order 07-20
Dear Board Members:
Due to the outbreak of the Corona Virus (COVID-19) the counties of Broward and Miami-Dade have issued orders directing residents to shelter in place in order to curb the spread of COVID-19. The orders further provide that “non-essential businesses” are closed except to the extent necessary to perform minimum basic operations. In addition, those businesses which are deemed “essential” under the respective orders are permitted to remain open.
Under the Miami-Dade and Broward Shelter in place/stay at home orders contractors and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residence and other structure are exempt (Broward Order 20-03 section 3(i); Miami Dade Order 07-20 section 2(i)). The installation and/or repair of residential and commercial roofing structures are arguably necessary to maintain the safety and essential operations of residential and commercial structures.
Lastly, both orders provide that businesses engaged on open construction sites regardless of the building type or project are exempt (Miami Dade Order Section 2(cc); Broward County Order 20-03 Section 3(bb)). Thus roofers with ongoing projects would fall under this category.
Please note that this opinion is based on the emergency orders referenced herein as issued on their respective effective dates. Subsequent orders or additional restrictions issued after the subject orders may impact this opinion. Should you have any questions or concerns regarding the current orders issued by Miami Dade and Broward Counties or any subsequent orders which may be issued, please feel free to contact the undersigned at (954) 567-1776 or via email at Jose@sotolawgroup.com.
Jose A. Rodriguez, Esq.
Florida Board Certified Construction Lawyer
General Counsel to RCASF