Governor DeSantis Issues Executive Order Revising Moratorium and Limiting Eviction Protections
Date postedJuly 31, 2020
Did you know the Governor's most recent Executive Order allows eviction cases to be filed and processed by the courts? Although this Executive Order is being referred to as an extension of the Florida eviction moratorium by the media, it is far from that.
Please click here to register today for FAA's Eviction Update Webinar on August 3.
This informative session will feature attorneys Harry Heist (Heist Weisse & Wolk P.A.) and Ryan McCain (Barfield, McCain P.A.) who will be providing information regarding industry best practices and outlining what is and is not allowed under the new executive order.
Executive Order Summary:
On July 29, Governor DeSantis issued Executive Order 20-180, which provides a limited extension of the original eviction moratorium that was issued in Executive Order 20-94. Executive Order 20-180 will allow evictions, even cases for nonpayment of rent, to be filed and processed by the courts.
The new order merely suspends the "final action at the conclusion of an eviction proceeding" until September 1, 2020 for cases that arise from nonpayment of rent by a tenant who has been adversely affected by the COVID-19 emergency. According to the order, "adversely affected" by the COVlD-19 emergency means a loss of employment, diminished wages or business income, or other monetary loss realized during the Florida State of Emergency and directly impacting the ability of a residential tenant to make rent payments. This new language also clarifies that the judicial system can issue writs of possession for eviction proceedings unrelated to nonpayment of rent.