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Legal update: governor’s COVID executive orders invalidate local emergency mandates; FRS restructuring bill did not pass
Summary
City legal counsel told trustees that Gov. executive orders EO 21‑101 and EO 21‑102 have invalidated local pandemic emergency orders, meaning local mandates must be adopted through regular legislative processes; counsel also reported that a bill to close the FRS defined‑benefit arm failed in the House.
City legal counsel Victor Herrera briefed trustees on recent state developments and their implications for local operations and pension governance.
Herrera said two governor’s executive orders (EO 21‑101 and EO 21‑102) "effectively terminate, invalidate any kind of local order" that had been issued under emergency powers for COVID-19, including mask mandates and assembly restrictions that were authorized without the ordinance process. "Local agencies...are still allowed or permitted...to go through their regular legislative process and enact an amendment to their ordinance," he said, but they can no longer rely on emergency powers to impose such rules.
He told the boards the practical effect for meetings is that bodies that had been operating under an emergency-related exemption to the sunshine-law requirement to meet in a public place must ensure in-person quorums and comply with statutory notice and access requirements. Trustees confirmed the board had a physical quorum at the meeting.
Herrera also summarized the legislative session: a high-profile bill introduced by Sen. Brandes (Estero) that would have closed the defined-benefit arm of the Florida Retirement System for new hires was revised in committee to exempt special‑risk groups and ultimately "failed at the house side," he said. The counsel characterized the current state of play as "status quo" for the pension plans.
Herrera flagged a budget line item being considered in a special session that would provide a $1,000 payment to "essential first responders" paid by the state through the Department of Economic Opportunity; implementing rules were expected by Sept. 30.
He closed by urging trustees to let staff and counsel follow up on statutory compliance items such as updating summary plan descriptions, which should be reviewed and refreshed on the statutory timetable.
