April 9, 2020
- Court Ordered Quarantine Enforcement & Statement
On April 6, 2020, Cheif Judge Lisa Davidson issued Administrative Order 20-19 providing arrest authority to law enforcment when an individual who is COVID-19 symtomatic, willfully defies all guidlines for social distancing and self-quarantining. The order states in part "Any person who violates any rule adopted under section 381.00315, Florida Statutes, any isolation or quarantine, or any requirement adopted by the Department of Health pursuant to a declared public health emergency, commits a misdemeanor of the second degree."
The order instructs law enforcement to act with "extreme discresion" but also orders that defendants will have no bond assigned until initial appearance before a judge.
In response to media inquires surrounding the Order, our office has issued the following statement.
The disturbing revelation that some persons instructed to isolate or self-quarantine have ignored or refused to comply with one or more mandatory conditions, has placed the entire community at greater risk. In issuing Administrative Order 20-19, the Court addressed the need to provide both guidance and the discretionary authority for law enforcement to act quickly to address any future occurrences.
Our office recognizes the danger these violations present to the public and we are sensitive to the concerns of our law enforcement officials, our correctional facilities, and the medical professionals that must manage their arrest and confinement. As a result, in a vast majority of cases where a defendant is physically arrested, we will be working in conjunction with defense counsel and the Court to have defendants comply with their isolation and quarantine orders without the need for continued incarceration or detention.
Attorneys handling these cases at initial appearances will carefully consider accepting defense counsel requests for the release of a defendant on their own reconnaissance. Prosecutors will also consider requesting GPS monitoring, or any other conditions that help ensure the defendant remains in isolation or quarantine. Monetary bond should only be a condition of release when specific facts justify or require it, and then kept to the minimum amount reasonable under the circumstances.
In this national emergency we all share a responsibility to conduct ourselves with reasonable consideration for the safety and welfare of others. But we must also be prepared to act quickly and decisively to protect our communities from the reckless behavior of those who do not.
Todd Brown
Public Information &
Communications
(321) 617-7310
Office of the State Attorney
18th Judicial Circuit
2725 Judge Fran Jamieson
Way Building D
Viera, Fl. 32940
