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New Executive Orders Expand Quarantine Requirements for Visitors & Affect Vacation Rentals

April 14, 2020

By: Daniel McIntosh, Nicole Cuccaro & Ferran Arimon

Original publication date: March 30, 2020 | Latest update: April 14, 2020

On Friday, Governor Ron DeSantis executed Executive Order 20-86 and Executive Order 20-87. Executive Order 20-86 expands upon Executive Order 20-82, which was enacted by Governor DeSantis on March 25, by adding Louisiana to the list of areas with substantial community spread. The list previously included New York, New Jersey, and Connecticut.

The order directs all persons entering Florida, whether by roadways or otherwise, from an area with substantial community spread to isolate or quarantine for a period of 14 days from the time of entry into Florida or for the duration of the person’s visit, whichever is shorter. Additionally, the order directs all persons traveling from areas with substantial community spread to inform any individual in Florida with whom they have had direct physical contact in the past 21 days that they traveled from such area.

Executive Order 20-87 requires vacation rental properties to temporarily suspend rental operations for the duration of the order. On April 10, 2020, Governor DeSantis signed Executive Order 20-103, which extended the duration of the original order through April 30, 2020. The order provides that parties are prohibited from making new reservations or bookings and may not accept new guests for the duration of the order.

A vacation rental is considered any unit in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging establishment but is not a timeshare project. The order also applies to any house, condominium, cooperative, or dwelling unit that is considered a transient public lodging establishment under Florida Statute 509.013(4)(a) and is rented for a period of less than 30 days.

The directive does not apply to:

  • Hotels, motels, inns, resorts, non-transient public lodging establishments,
  • Time-share projects,
  • Long-term rentals,
  • Rentals to persons performing military, emergency, governmental, health, or infrastructure response, or
  • Travelers engaged in non-vacation commercial activities.  

    Rental stays where guests are currently staying or checked-in no later than March 28, 2020, are not affected by the order. Violation of the order may result in revocation of vacation rental licenses by the Florida Department of Business and Professional Regulation or misdemeanor charges, among other penalties.

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    Daniel

    Destined to become a lawyer, Dan is a Central Florida native surrounded by more than a handful of lawyers among his relatives – including his dad who was the City Attorney for a number of Central Florida cities and public entities, siblings, cousins, in-laws, and even children. But first Dan wanted to explore the ski slopes of the “wild west” after attending Duke University and before returning to his southern roots to attend the University of Florida Law School. While in college, Dan worked in high-end retail and as a rodman on a survey crew. With this surveying experience behind him, Dan ultimately found his passion in real estate law.

    With a focus on business trends, Dan has successfully guided some of the most recognizable Central Florida companies through multi-site, multi-jurisdictional real estate acquisitions, financings, and dispositions. He advises clients on acquisition, leasing and financing, title review and survey analysis, environmental issues and zoning, with attention to every detail of these transactions – from document preparation, review of title commitments, endorsements and coverages, surveys, and closing statements, and all the negotiating and documentation in between. Clients include owners and lenders of shopping centers, retail stores, restaurants, gasoline and convenience stores, golf courses, ski resorts, hotels, and condominium properties.

    In addition, Dan has negotiated and closed hundreds of high end residential transactions on sites throughout the southeast.

    As a real estate leader in the firm, Dan’s mission has included building and mentoring efficient teams committed to the clients’ business success, echoed in his commitment to his community. A resident of Winter Park for many years, Dan has served in leadership roles on many civic, church, and charitable boards. A graduate and long-time participant in the Winter Park Chamber of Commerce Leadership Program, Dan served as its alumni association president, wrote its initial by-laws, and was a recipient of its Winter Park Chamber of Commerce Community Leader Award. His leadership role on the Winter Park Library Board is helping to bring the City’s vision of a new library and events center to life in Martin Luther King Park. Dan is also a past president of the Orlando Shakespeare Theater and has been a member of its Board for over 20 years.

    Nicole

    Nicole Cuccaro focuses her practice on real estate transactions, real estate development and commercial leasing.


    Nicole's practice includes the acquisition, disposition, leasing and financing of commercial real estate in the retail and hospitality industries. Before she began her career in real estate law, her practice was focused on commercial and corporate litigation where she regularly represented lenders and business entities.

    Ferran

    Ferran Arimon is an attorney in the firm’s Commercial Real Estate Group. He focuses his practice on commercial real estate transactions, including the acquisition, disposition, financing, development and leasing of various property types, as well as construction financings and re-financings. His practice also includes corporate and securities law.

    Ferran regularly advises buyers, sellers, developers, landlords and tenants in real estate transactions related to multifamily developments, industrial properties, office buildings, shopping centers, restaurants, hotels, retirement communities and vacant land. He also assists clients with leasing contracts, title review and survey analysis, contract negotiation for purchase and sale, due diligence, negotiation of transfer documents and finalizing of transaction closings.

    Additionally, Ferran has experience in corporate and securities law, mergers and acquisitions, and tax law. He has worked with clients to structure financing transactions in compliance with federal and state securities laws, having represented both public and private companies in mergers, acquisitions, capital raising, and corporate governance matters. He has also counseled clients on a broad range of tax issues and business planning issues from entity selection and formation to dissolutions.

    Prior to law school, Ferran was an analyst at real estate investment management company in Miami. His role centered around underwriting, valuing, and identifying acquisition opportunities for distressed or value-add commercial and residential real estate acquired through joint ventures, direct Investments and non-performing loans portfolios.

    Fluent in Spanish, Ferran regularly writes articles on a variety of emerging legal issues.

    Ferran earned his law degree from the University of Florida Levin College of Law and his MBA from the University of Florida Warrington College of Business. Prior to law school, he received his undergraduate degree from Babson College, where he majored in finance and was a member of the men’s tennis team.

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