Since April 2020, Governor Ron DeSantis has been reopening the State of Florida through a series of phases, which allowed the state to move from a total lockdown to what we now know as our Brave New World. Yet, Miami-Dade County seems to exist in a parallel universe, where the actions of the Governor fail to reach. Covid-19 has been a wildly contentious battle between the Mayor of Miami-Dade County, Carlos Giménez, and the Florida Governor, Ron DeSantis. Both men have persistently refused to agree on a course of action when it comes to moving forward with this disease.

 

Currently, the State of Florida is in Phase 3 of reopening, which allows bars and restaurants to operate at full capacity without any restrictions, social distancing, or mask requirements. However, Carlos Giménez had other plans when it came to Miami-Dade County, which included continuing the county wide curfew from 12 p.m to 6 a.m. In addition to the curfew, the Mayor enforced the social distancing guidelines of six feet between individuals, while requiring masks worn upon entry in any location.

 

One may wonder, how is it possible for the Mayor of Miami-Dade County to be allowed to defy the Governor of the State when it comes to Covid-19 policies. The explanation may surprise many people, but the answer lies within the text of the Florida Constitution.

 

Miami-Dade County receives its powers as a charter county under Art. VIII § 6(e) from the Florida Constitution. Article VIII § 6(e) allows counties operating under county charters have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body operating under a charter may enact county ordinances not inconsistent with general law. Essentially, charter counties are able to create laws and regulation that do not violate the current laws set forth by the Florida Constitution.

 

Simply put, Mayor Giménez has an immense amount of power when function during this pandemic, and because Governor DeSantis’ administrative orders are technically not Florida law, Giménez can enforce such restrictions. Therefore, because there is no mask mandate nor social distancing guidelines or curfew restrictions in the State of Florida, the existence of such requirements in Miami-Dade County do not conflict with Florida’s laws. The only way for Governor DeSantis to force Mayor Giménez to remove all restrictions placed by him is to pass legislation that would make such restrictions illegal. However, the likelihood of that happening is slim to none.

 

Until both men in power can agree on how to tackle COVID-19, South Floridians will continue living in a world of different realities.