No. Businesses would not have to prove anything. It simply means their requirement would not have the force of any anti-mask law and associated fines behind it. The store could though press trespassing charges if a person was asked to leave and they refused. The store policy also would have to comply with ADA re:reasonable accommodations for people unable to wear a mask due to health problems.
The EO does 3 things. It prohibits local governments from preventing a person from operating a business or working.
It stops local governments from mandating that restaurants and such operate at less than 50% capacity. It also mandates that should a local government show just cause should they mandate that such establishments operate at less than 100% capacity.
It then removes all fines and penalties being levied against individuals for violations of any anti-covid measures by local governments.
It is important to note the EO deals only with what anti covid measures and fines local governments mandate regarding an individual, and food service establishments.
The local government may still have anti-covid measures and penalties for same with the exceptions outlined above. For example a movie theatre could still be fined for going over an occupancy limit set by local anti-covid ordinance. A bar (not owned by an individual) could be shutdown if they flouted a local mask ordinance.
Errata, This corrects my previous post. Please note I have removed the first paragraph as the EO does not read: ““No COVID Fines or Penalties may be applied toward any individual or business operating in the State of Florida.”
The EO does 3 things. It prohibits local governments from preventing any individual from operating a business or working.
It stops local governments from having an anti-covid measure mandating that restaurants and such operate at less than 50% capacity. It also orders that a local government show the economic impact and public health reasons should they mandate such establishments operate at less than 100% capacity as part of their anti-covid measures.
It then removes all fines and penalties being levied against individuals for violations of any anti-covid measures by local governments.
It is important to note the EO deals only with the anti covid measures and associated fines local governments mandate regarding an individual. It also deal only with capacity limits set on food service establishments.
The local government may still have anti-covid measures and penalties for same with the exceptions outlined above. For example a movie theatre could still be fined for going over an occupancy limit set by local anti-covid ordinance. A bar (not owned by an individual) could be shutdown if they flouted a local mask ordinance. A restaurant could still be limited to 75% capacity provided the local government could “quantify” the economic impact and explain how it would protect public health.
The one thing that is not clear to me is the EO in regards to local governments limiting food service establishments to less than 100% capacity. As a condition of doing this the local government is required to “quantify the economic impact of EACH limitation or requirement...and explain why EACH limitation or requirement is necessary for public health. Since the only anti-covid measure outlined in the EO for restaurants is the occupancy limit I don’t know what requirements it refers to. It might mean that if local mandates require that in order to operate at full capacity a restaurant must arrange seating so that a distance of 6ft can be maintained between tables that both the limit itself and any measures associated with that limit be justified per the EO.