Florida Statutes
Fla. Stat. § 870.045 (2025)
Discretionary emergency measures.
✓ 2025 Florida Statutes: through the 2025 Regular Session (some sections already show 2026 laws)
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870.045 Discretionary emergency measures.—Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, he or she may order and promulgate all or any of the following emergency measures, in whole or in part, with such limitations and conditions as he or she may deem appropriate:
(1) The establishment of curfews, including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing, and parking, except for the provision of designated essential services such as fire, police, and hospital services, including the transportation of patients thereto, utility emergency repairs, and emergency calls by physicians.
(2) The prohibition of the sale or distribution of any alcoholic beverage, with or without the payment or a consideration therefor.
(3) The prohibition of the possession on any person in a public place of any portable container containing any alcoholic beverage.
(4) The closing of places of public assemblage with designated exceptions.
(5) The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid altogether or except by delivery into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat, or airplane and necessary for the propulsion thereof.
(6) The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid.
Any such emergency measure so ordered and promulgated shall be in effect during the period of said emergency in the area or areas for which the emergency has been declared.
Notes of Decisions
Cited in 1
case, 1994–1994 · leading case: Smith v. Avino, 866 F. Supp. 1399 (S.D. Fla. 1994).
Smith v. Avino, 866 F. Supp. 1399 (S.D. Fla. 1994). “Section 1 of this order stated, in pertinent part: City and County Officials are hereby granted and delegated the power and authority to control movements of persons within the emergency area by the imposition of curfews and other public safety measures provided in Section 870.”
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