Q&A of the Day – Are wearing masks in public illegal in Florida?
Each day I feature a listener question sent by one of these methods.
Email:brianmudd@iheartmedia.com
Parler & Twitter: @brianmuddradio
Today’s entry: Hello Brian I guess a lot of us are breaking the law. https://www.flsenate.gov/Laws/Statutes/2020/876.12
Bottom Line: Kudos to this listener for a solid pull of a Florida law which indicates wearing masks in Florida are illegal. No kidding. Here’s the law he identified:
876.12 Wearing mask, hood, or other device on public way.—No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state.
So yes, anyone 16 and older on public property wearing a mask is breaking the law in Florida. Surprise! Now, the purpose of this law is vastly different than the purpose of wearing masks most recently. It’s under the chapter of Florida law governing criminal behavior and mask orders have of course been based on a declared public health emergency. And that public health emergency is key in describing why this law hasn’t been applied for over a year. Here’s a quick refresh on what happens during a declared state of emergency:
252.36 Emergency management powers of the Governor.—
(1)(a) The Governor is responsible for meeting the dangers presented to this state and its people by emergencies. In the event of an emergency beyond local control, the Governor, or, in the Governor’s absence, her or his successor as provided by law, may assume direct operational control over all or any part of the emergency management functions within this state, and she or he shall have the power through proper process of law to carry out the provisions of this section. The Governor is authorized to delegate such powers as she or he may deem prudent.
(b) Pursuant to the authority vested in her or him under paragraph (a), the Governor may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules shall have the force and effect of law.
Just as has been the case with other legal questions regarding policy mandated by the state and local authorities during the pandemic, once a state of emergency is declared it supersedes all other laws and executive action, as described in the statute, is the law. Governor DeSantis through his emergency declaration has granted local governments the ability to issue mask mandates due to the state of emergency but not to enforce them with penalties. Thus, that’s the law which retains supremacy until the emergency declaration ends. Though to your point, the day the emergency declaration does finally end, it will be illegal once again in Florida – unless that law is changed.
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