Here at Baginski Brandt & Brandt, our office is committed to helping our clients and community during the Corona virus epidemic. We are open and actively working our client’s cases!
We recognize that as all of us are enduring new and unique experiences ranging from separation from our children due to an uncooperative and unreasonable parent to isolation based upon the local government newly issued edicts.
The attorneys at Baginski Brandt & Brandt have a deep understanding the laws and the options available. We can work with you over the phone, through computer technology and through face to face meetings using social distancing as required. No parent should go without time with their child during these times. It is more important than ever to keep the parent child bonds intact and to reassure our children that they are safe, their family is safe and that all will be well.
Here are three statutory provisions that govern Florida quarantine and isolation orders.
Fla. Stat. § 381.0011. An individual under quarantine or isolation order can request a court hearing to the continued necessity of the order. The burden of proof lies with the public safety authority. Specifically, “officers are obligated to assist board of health and its officers and agents when so requested and, when any rules or regulations are violated in their presence, such officers are authorized to make arrest without warrant.”
If you have been subjected to the enforcement of this law, contact our office so we can defend you! The law does not give the State unlimited authority over you. We can help.
Fla. Stat. § 381.00315. The state health officer is responsible for declaring public health emergencies, under which an order can be given to quarantine individuals who pose a threat to public health.
The Current Statute permits the government to order “an individual to be examined, tested, vaccinated, treated, isolated, or quarantined for communicable diseases that have significant morbidity or mortality and present a severe danger to public health. Individuals who are unable or unwilling to be examined, tested, vaccinated, or treated for reasons of health, religion, or conscience may be subjected to isolation or quarantine.”
Additionally, the State can require that once if finds “the individual poses a danger to the public health, the State Health Officer may subject the individual to isolation or quarantine. If there is no practical method to isolate or quarantine the individual, the State Health Officer may use any means necessary to vaccinate or treat the individual.”
These laws may seem draconian and new laws giving the State even more power over you have been proposed since the start of the emergency. Again, this does not mean that you Constitutional rights just disappear. We can and will fight to keep your personal and individual rights intact.
The State can have you arrested and charged with a misdemeanor for violating this Statute. Our office can and will defend you using all legal means. We are prepared to fight for you even in these most difficult of time.
Call our office for a free consultation to see what we can do for you and your family should the quarantine impact you.