The 2023 Florida Statutes
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Avino also acted with final authority. The Governor's executive order did not require Avino to impose a curfew; instead, it merely authorized him to do so. Avino could have imposed a curfew even if the Governor had not declared a state of emergency: Florida law provides that, where the Governor has not declared a state of emergency, local officials may do so and may impose a curfew. Fla.Stat. §§ 870.041, 870.045(1). Finally, and most importantly, there is no evidence that Avino's decisions concerning the Curfew were reviewable by the Governor or were directly constrained by policies established by the Governor. See Praprotnik, 485 U.S. at 127, 108 S.Ct. at 926. Under these circumstances, the Court must conclude that Avino acted with final policy-making authority in imposing and continuing the Curfew.
. . . . §§ 870.041, 870.045(1). . . .
. . . . §§870.041-870.047 (1991) (public peace); § 316.2045 (obstruction of public streets, highways, and roads . . .