ORLANDO, Fla. — Orange County Mayor Jerry Demings signed into effect Friday an emergency executive order that he says gives county officials authority to fine businesses up to $1,000 per day for a first violation of COVID-19 safety protocols and up to $5,000 per day for repeat violations.

The order goes into effect at 12:01 a.m. Sunday and covers all county municipalities and unincorporated areas. It also authorizes law enforcement officers to issue immediate citations up to $500, Demings said.

The mayor emphasized that his action aims to target “the few bad actors” among businesses that have “refused to comply” with Centers for Disease Control and Prevention guidelines, “and now it is time that we hold them accountable.”

“They only care about their bottom line,” Demings said late Friday at a coronavirus news briefing. “They put profit over people.”

Pointing out that 98% of county businesses had complied with minimum safety standards, he added: “The ‘good actors’ ... need not worry about the penalties, for they are the ones who put people over profit.”

Demings shared conversations he had with two county employees hospitalized with COVID-19. One works as a fire inspector assigned to one of the county’s so-called COVID-compliance strike teams.

“She asked me to tell everyone that COVID is no joke,” he said.

The pandemic has killed almost 19,000 people in Florida and almost 300,000 nationally, and the CDC and health officials warn that it will continue to worsen. 

With 651 deaths and about 60,000 total cases, Orange County stands “in much better shape” than many counties in Florida and the U.S., said Dr. Raul Pino, director of the Florida Department of Health in Orange County.  

But with the crisis worsening, “we could be in the same boat” if residents and businesses fail to comply with basic safety guidelines such as using face coverings and maintaining social distancing.

“The way that people are dying is quite horrific,” Pino said.

The emergency order appears to butt heads with action from Gov. Ron DeSantis, who in late September removed restrictions on restaurants, pubs, and bars as part of a Phase 3 reopening of Florida. The governor’s order superseded any local orders and suspended penalties for refusal to wear a mask.

Yet Orange County’s emergency order points out that Demings in March had declared a State of Local Emergency and, as such, can “exercise certain emergency powers via executive order.”

The mayor and his legal team expressed confidence Friday that the emergency executive order would hold up against any legal challenge. County Attorney Jeffrey Newton cited Chapter 252 in the Florida Statutes, which he said “considers an executive order to have the full force and effect of law.”

“The order can be enforced as if it is a county code provision and county ordinance, and so I have no concerns whatsoever about the legal authority which this executive order is based on,” Newton said.

The order calls for businesses to ensure that employees wear face coverings when within six feet of someone else. It calls for businesses to post safety signage reminding workers and patrons to comply with social distancing and face-covering standards. It also calls for businesses to monitor the safety standards of their workplaces and to include markers for purposes of social distancing.

Demings said the county’s strike teams would continue to visit businesses to ensure compliance. The teams will focus on bars and other establishments where “we see the most significant number of violations during the evening hours.”

He also said: “I do not expect my unarmed staff to go into the businesses... without the assistance of law enforcement. So, we'll be depending on law enforcement in some cases to ensure the safety of everyone involved.”

Like the compliance teams, Demings said, law enforcement officers will be able to issue warnings and penalties.

Upon a first visit, he said, businesses that don’t comply will receive instructions on how to comply.

“If the staff believes that the business has attempted to comply, we’re not going to be punitive at that point,” Demings said. “We want to gain compliance, voluntary compliance.”

The emergency order says penalties for violations include “a fine not to exceed $500 for immediate citations issued by law enforcement officers or code enforcement officers; or, alternatively, a fine not to exceed $1,000 per day for a first violation imposed by a special magistrate and $5,000 per day for a repeat violation imposed by a special magistrate …”

The order continues: “However, if a special magistrate finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $15,000 per violation.”

Asked Friday what communication he has had with the governor’s office on his executive order, Demings said, “I really don’t feel like I need to go to the governor’s office to ask permission to be the mayor of Orange County.”