NEW - Orange County, FL Mayor DEFIES FL Gov DeathSantis!

[Roland99]

Link to tweet

I have finalized Executive Order 2020-51, which allows @OrangeCoFL to fine businesses in violation of #COVID19 safety regulations — effective, Sunday, December 6, 2020.

To view the Executive Order, visit http://ocfl.net/ExecutiveOrders.

order here:
http://ocfl.net/portals/0/library/Emergency-Safety/docs/coronavirus/EO%202020-51.pdf




background:

Florida governor extends order suspending COVID-19 related enforcement fines
https://www.wesh.com/article/florida-covid-19-mask-fines-order-extended/34778032

On Sept. 25, DeSantis signed an executive order that prevented municipalities from fining people for violating a mask ordinance and has stated that he’s not going to have any more lockdowns. The order, which signaled Florida's move to phase 3, also prevents cities and counties from ordering restaurants to close without justifying it for economic or health reasons.

The extension of the order comes as states across the country are bringing back some restrictions as virus cases surge nationwide.

[CaliforniaPeggy]

1. His defiance is super appropriate!

DeSantis is a brass-plated rethug idiot.

[malaise]

2. DeathSentence should die in prison for the deaths of all these people

in Florida. He has been lying to people in Florida for nine months.

[My Pet Orangutan]

18. 'DeathSentence'

Say Governor DeathSentance to just about anyone, and they would immediately know who you were talking about

[malaise]

19. A DUer called him that months ago and it stuck

It's perfect

[uponit7771]

20. +1, this is a crime against humanity no doubt

[iluvtennis]

3. This is Rep Val Demings husband. Way to protect your people Mayor Demings. nt

[Rhiannon12866]

4. Thanks! I wondered about that

She was awesome during the impeachment hearings!

[Cha]

23. TY for that, ILT!

[BobTheSubgenius]

5. What is wrong with this guy?

What is wrong with Floridians for electing him???

[Star-Thrower]

7. I have also

wondered the same. Also same Rick Scott? Off topic why also Kentuckians continue to re-elect McConnnell. I don't get it.

[FoxNewsSucks]

8. I think that whoever is manipulating

the election machines, and the voting, made sure Georgia and Florida kept their republicon governors, kept Moscow Mitch's job, and put Skeletor Scott in the Senate.

Moscow Mitch knew the fix was in.

[OAITW r.2.0]

10. If Trump could get his ass kicked, so can Kemp and DeSantis.

The great Trump Republican dream is in full display in every State where Trump Republicans are calling the shots. Let them explain it at the next election.

[SCantiGOP]

6. The Mayor's order is irrelevant

He cannot violate a State law with a municipal order anymore than the State could supersede an Act of Congress.

However, he is making a statement and I applaud him for that effort.

[OAITW r.2.0]

9. Maybe it's time to take it to Court.

Will the State sue in State Court? I'd love to see it. I think other cities/muni's will issue their own controls and join the fight on who has control. Remember, the Republican brand was alway's about local control being the of the highest order.

[SCantiGOP]

11. I agree with your sentiment

But the Supremacy Clause of the Constitution makes it very clear that Congressional laws always supersede State law. Likewise, Counties and Cities are legally identified as “political subdivisions,” meaning that they exist at the pleasure of and under the authority of the state, so there is no question that a State law (as long as it is valid) always supersedes local law.

[OAITW r.2.0]

13. Thanks for the reply....

I have "0" knowledge of FL law. Sounds different than my experience in ME, but I know ".2" about our state laws and legal organization.

[SCantiGOP]

15. I know about this because my wife

spent several years as a part-time County Attorney in her 20s so she explained it to me.

[OAITW r.2.0]

17. Backatcha

[ProfessorGAC]

12. No Home Rule In Florida?

Cities & towns over a certain size can have laws & ordinances stricter than state law, here in Illinois.
It's called home rule.
As long as it's enforcement is stricter than an existing state law, municipalities over 50,000 are free to do so.
They cannot undermine a state law by being less strict, though.
This was made well known back in the mid 70s when Illinois lowered drinking age to 19 for non-stamped alcohol.
But, some bigger towns said no & kept the age at 21.
Even now, some towns won't sell cigarettes to anybody under 21. Only a couple, but that's completely legal.
Then if this is about the idiot governor's EO, they should challenge it in court as a public health issue. Given the situation, it's clearly overreach.
Certainly has more merit than the idiotic electoral suits.

[OAITW r.2.0]

14. That's the way I have always thought wrt state vs. local law.

If FL organization is fundamentally different than IL or ME, I find this odd. Why aren't RWer's up in arms about all this "state control"?

[SCantiGOP]

16. The local government has that authority

because the State gave it to them in the Home Rule Act, which was probably enacted as an amendment to the State Constitution.
Local government owes their existence to the State, so they can’t contradict State law. (Again, as long as that state law is valid and constitutional.)

[ProfessorGAC]

21. Then, Is The EO Enforceable?

Because it seems to be consistent with constitutional authority.
Here in Illinois, some morons sued Pritzker over closings & masks.
But, those were dismissed because the health crisis made those actions in the public interest.
I wouldn't think this governor has that defense of his order.

[SCantiGOP]

24. My lawyer (who I also sleep with every night)

says that, if the State law banning munis from passing stricter laws is valid, then the local govts could not violate it.
But, like a true lawyer, she says each state law and state constitution is different, and she is going to start charging me $200/hour to answer any more questions about a "damned DU thread." (she's a good lawyer but a somewhat grouchy woman)

[ProfessorGAC]

25. Then I'll Stop!

Don't want to get you in trouble!

[Cha]

22. Rt.. TY!