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Ordinance 022-2020 ORDINANCE NO.022 - 2020 AN UNCODIFIED ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING ORDINANCE NO. 014-2020 TO MANDATE THAT INDIVIDUALS WEAR A FACE COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES; ESTABLISHING A MINIMUM COUNTY-WIDE REQUIREMENT, EXCEPT TO THE EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE AND PROVIDING FOR AN EFFECTIVE AND SUNSET DATE. WHEREAS,the Board of County Commissioners of Monroe County,Florida(hereinafter "Board") finds that COVED-19 presents a danger to the health, safety, and welfare of the public; and WHEREAS, the Centers for Disease Control (CDC) advises that COVID-l9 spreads mainly from person to person through respiratory droplets produced when an infected person coughs,sneezes,or talks;these droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs; and studies and evidence on infection control report that these droplets usually travel around 6 feet (about two arms lengths); and WHEREAS, the CDC advises that a significant portion of individuals with coronavirus lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- symptomatic") can transmit the virus to others before showing symptoms. This means that the virus can spread between people interacting in close proximity—for example,speaking,coughing, or sneezing—even if those people are not exhibiting symptoms; and WHEREAS,the CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain in order to slow the spread of the virus and help people who may have the virus and do not know it from transmitting it to others; and WHEREAS,the CDC does not recommend wearing cloth face covering for children under the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the mask without assistance; and WHEREAS, the CDC recommends only simple cloth face coverings for the general population and not surgical masks or N-95 respirators because these are critical supplies that must continue to be reserved for healthcare workers and other medical first responders; and Page 1 of 8 WHEREAS, cloth face coverings are relatively inexpensive and readily available as the CDC states they can be made from household items and provides online guidance for making"do- it-yourself"coverings for people that cannot or do not want to buy one from the increasing sources producing and selling coverings; and WHEREAS, the Board fords it is in the best interest of public health, safety and welfare of the residents and workers of,and visitors to,the Florida Keys to require suitable face coverings in public locations to slow the spread of COVID-19; and WHEREAS,the Board finds the inconvenience of an ordinance requiring the use of face coverings or other suitable face coverings is minimal compared to the risk to the health, safety, and welfare of the community were no such rule imposed; and WHEREAS, the Board finds implementation of this ordinance is necessary for the preservation of the health, safety,and welfare of the community; and WHEREAS, Section 1(f)of Article VI II of the Florida Constitution vests the Board with the authority to enact ordinances having countywide effect that are not inconsistent with state law, provided that such ordinance shall not be effective within a municipality that has adopted an ordinance in conflict with the County ordinance, to the extent of such conflict;and WHEREAS,the State of Florida has not preempted local governments from regulating in the field of minimum health requirements with respect to COVID-19; and WHEREAS, the County's Emergency Management Director has issued interim rules requiring the use of face coverings pursuant to the authority vested in her by Section I I-3 of the County Code that are enforceable as misdemeanors by law enforcement through F.S. 252.47 and F.S. 252.50; and WHEREAS, adopting regulations via ordinance would permit additional enforcement options through code compliance and injunctive relief; and WHEREAS, 28 C.F.R. 36.208, the implementing regulations for the Americans with Disabilities Act states that the ADA does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation when that individual poses a direct threat to the health or safety of others; and customers with disabilities who may be unable, due to their disability, to wear a face mask may access the goods and services of the businesses through the provisions of curbside service or home delivery; and WHEREAS, the Third District Court of Appeal has defined the term business establishment for purposes of tort liability to mean"a location where business is conducted,goods are made or stored or processed or where services are rendered." Publix Supermarkets, Inc. v. Santos, 118 So.3d 317 (Fla. 3d DCA 2013);and Page 2 of 8 WHEREAS, the Florida Legislature has defined the term "transient public lodging establishment"to mean "any unit,group of units,dwelling,building,or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for a period of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests." See, F.S. 509.013(4)(a)1; and WHEREAS, on June 17, 2020, the Board of County Commissioners adopted Ordinance No. 014-2020 requiring people to wear face coverings when inside of business establishments, as that term was defined in the ordinance until the ordinance sunsets; and WHEREAS,the number of infections has increased dramatically since the mask ordinance was adopted;and WHEREAS, on June 26, 2020, the Emergency Management Director issued Emergency Directive 20-10, which expanded upon the requirements in Ordinance 014-2020 by mandating that facial coverings be carried by any person over the age of six who is away from home by requiring such persons to wear masks when unable to engage in social distancing from another person; and WHEREAS, the Board desires to incorporate these new requirements into its ordinance so as to authorize additional enforcement mechanisms unavailable for enforcing an emergency directive; and WHEREAS,the Florida Legislature has stated that "[s]afeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state"such as Monroe County and its five municipalities; F.S. 252.38; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Ordinance No. 014-2020 is hereby amended as follows: (Added language is underlined; deleted language is stricken through.) SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as follows: (1) Face Covering. A"face covering"is a material that covers the nose and mouth. It can be secured to the head with ties or straps or simply wrapped around the lower face. It can be made of a variety of materials,such as cotton,silk,or linen. A cloth face covering may be factory-made or sewn by hand, or can be improvised from household items. Page 3 of 8 (2) Business establishment. A `business establishment" means a location where any business is conducted, goods are made or stored or processed or where services are rendered. The term "business establishment" also includes locations where non-profit, governmental, and quasi-governmental entities facilitate public interactions and conduct business. The term shall include the entire premises of the business establishment, whether owned or leased, regardless of whether indoors or outdoors. The term does not include educational institutions operating within Monroe County, which have adopted their own protocols. (3) Lodging establishment. A "lodging establishment" shall have the same meaning as the term `transient public lodging establishment" has in F.S. 509.013(4)(a)] (2019). A lodging establishment is a specific type of business establishment. (4) Operator. An `operator" shall mean any individual or entity that owns a business or controls the operation of the business, even if only for a period of time,regardless of the formal title or role health by that individual. (5) Social Distancing. "Social distancing" shall mean keeping space between yourself and other persons by staying a minimum of six (6) feet away from another person. SECTION 3. Recommended standards of conduct. (1) Vulnerable Populations. Individuals older than 65 years of age and individuals with a serious underlying medical condition (such as chronic lung disease,moderate-to-severe asthma,serious heart conditions,immune- compromised status, cancer, diabetes, severe obesity, renal failure, liver disease) should continue to stay at home. When leaving home, these individuals should follow social distancing and other general mitigation guidance. Those living with vulnerable individuals should be aware of the exposure risk that they could carry the virus back home after returning to work or other environments where distancing is not practiced. Vulnerable populations should affirmatively inform their employer that they are a member of a vulnerable population so that their employer can plan accordingly. SECTION 4. Mandatory requirements. (1) Every person over the age of six (6) who is away from his or her residence shall wear a face covering when closer than 6 feet to another person with whom he or she does not reside. (2) Every person over the age of six (6) who is away from his or her residence shall carry a face covering capable of immediate use. Page 4 of 8 (3) Each operator shall establish rules for that business establishment that encourages social distancing, hand washing, and other protective measures for customers and employees based upon guidelines provided by the Centers of Disease Control and the State Department of Health. (4) Each operator of a business establishment must close that establishment to the public for at least 3 days if the operator or an employee of the establishment tests positive for COVID-l9. Before reopening,the operator must disinfect the premises of the business establishment according to guidelines provided by the Centers for Disease Control and the Department of Health. Any operator or employee exposed to the positive employee must quarantine and/or isolate for 14 days from the date of last contact with the infected employee or until a valid negative test for COVID-19. The closure provision does not apply to essential businesses as defined by Executive Order 20-91,as amended. (5) An operator, manager, employee, customer or patron of a business establishment must wear a face covering while in that business establishment when unable to engage in social distancing. (6) The requirements of this section do not apply to: a. Restaurant customers or patrons while dining and/or consuming beverages while seated at a table b. A gym patron engaged in a workout or class where at least 6 feet of distancing exists with the next closest patron. c. Barbershop or beauty salon customers or patrons when wearing a face covering would reasonably interfere with receiving services. d. Business operators and employees who are in an area of a business establishment that is not open to customers,patrons,or the public, provided that 6 feet of distance exists between employees. When an operator or employee is in their place of employment but not within 6 feet of another person, that operator or employee does not need to wear a facial covering. This exception does not apply to operators and employees who are present in the kitchen or other food and beverage preparation area of a restaurant or food establishment. a Bar patrons while consuming beverages and/or food. f. A lodging establishment guest when inside of the lodging unit including but not limited to a hotel room, motel room, vacation rental unit, timeshare unit,or similar unit. g. Participants in public meetings held pursuant to F.S. 286.011, provided that the participant without a face covering is engaged in social distancing. Page 5 of 8 (7) An operator and/or employee of a business or lodging establishment shall ensure that every individual in that establishment complies with this section. (8) When a customer of a business establishment asserts that he or she has a disability that prevents the individual from wearing a mask or facial covering, the operator or employee of the business establishment may exclude the individual, even if they have a disability, as they pose a direct threat to the health and safety of employees and other customers when not wearing a facial covering, even if asymptomatic, and shall accommodate the disabled individual in a manner that does not fundamentally alter the operations of the business establishment nor jeopardize the health of that business's employees and other customers, such as providing curb service or delivery or other reasonable accommodation. SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the following manner: (I) Quasi-Criminal Offense. a. Any state, county, or municipal law enforcement officer may arrest or issue a notice to appear for any knowing and intentional violations committed in his or her presence or through procurement of an arrest warrant. Violations shall be prosecuted by the State Attorney of the 16's Judicial Circuit. b. A person found in violation may be punished by up to 60 days in the County jail and/or a fine of up to $500. Each day a violation of this ordinance occurs is considered a separate offense. (2) Civil Citation. a, A county or municipal code compliance or county, municipal, or state law enforcement officer may, upon observation of a violation by a person who does not immediately put on a face covering after receiving a warning, issue a notice to appear or civil citation to appear in County Court. b. Any person or business establishment prosecuted under this subsection and found in violation of this ordinance may be punished by a fine of up to$500.00. (3) Administrative Notice of Violation. a. A county or municipal code compliance officer may, upon discovery of a violation by a person who does not immediately put on a face covering after receiving a warning, issue a notice of violation and notice to appear before the Code Compliance board or special magistrate of that officer's jurisdiction. Page 6 of 8 b. Any person or business establishment found in violation of this ordinance may be fined pursuant to part I of Chapter 162,Florida Statutes. (4) Injunctive relief. a. The State Attorney of the 16111 Judicial Circuit and/or the County Attorney may file an action for injunctive relief in Circuit Court seeking to enjoin violations that occur throughout the County, except for violations that occur in a municipality that has adopted an ordinance in conflict with this ordinance. b. The City or Village Attorney for a municipality may file an action for injunctive relief in Circuit Court seeking to enjoin violations that occur with that municipality. (5) Private Right of Action. Any natural person may seek injunctive relief in the Circuit Court for the 16th Judicial Circuit to enforce violations of this section against a violator. Attorney's fees and costs incurred in an action to enforce this ordinance may be awarded to the substantially prevailing party at the discretion of the court. (6) Defenses. An owner, manager, and/or employee of a business establishment shall not be liable in any enforcement action taken under this section for the violations of a guest, customer, and/or patron if that owner, manager,and/or employee directed that guest, customer, and/or patron who refuses to wear a face covering to vacate the premises or face prosecution of trespass. SECTION 6. Severability. If any section, subsection, sentence, clause, or provision of this ordinance is held by a court of competent jurisdiction to be invalid,the remainder of this ordinance shall not be affected by such invalidity. SECTION 7. Applicability and Conflict. This ordinance is intended to have countywide application except within a municipality which has adopted an ordinance in conflict this this ordinance pursuant to Article VIII, Section 1 of the Florida Constitution. All County ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 8, Effective Date. This Ordinance shall take immediate effect upon adoption and shall be filed with the Department of State. SECTION 9. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this ordinance shall sunset on June 1,2021,subject to quarterly review. Page 7 of 8 SECTION 10. Codification. Due to the temporary nature of this ordinance,the Board directs the Clerk to send the ordinance to the Municipal Code for publication on its website but with instructions to not codify the ordinance within the Monroe County Code. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of July 2020. eirr iit_t\ Mayor Heather Carruthers Yes Mayor Pro Tem nt Michelle Coldiron Yes Commissioner Craig Cates Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes 1.1)7.11P) >a.11P BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA iitigift„. By: G2 By: As Deputy Clerk Mayor Heather Carruthers _ `, ra C -n a m — (-) o c o MONROE •si. A P+. CaUR /7ra 5103G Page 8 of 8 AirKEYSWEST 59 Public H��IIn L a) If Dhonina irc dial •9 to "raise your hand"to be recognized by I the Zoom webinar monitor. The Florida Keys Only Daily Newspaper,Est. 1876 b) if watching themettina Qmine: PO Box 1800,Key West FL 33041 click on/open the live Zoom we- P:(305)292-7777 ext.219 F:(305)295-8025 i binar link nnoc•/ mor legals@keysnews.com m^tv-fl aovBoccMegtingiyiyl5 that appears in both the pub- MONROE Pack- MONROE CO ADMIN/BOCC et. Wed hen prompteddaandA,enda enter your THE HISTORIC GATO BUILDING RECEIVED email address and name to tom the webinar and then select the "Raised Hand" features that ap- 1100 SIMONTON ST SUITE 2-205 L 1 6 2020 pears at the bottom of the Zoom KEY WEST FL 33040 �� webinar screen recognized by the meetingm monini tor. l Account: 143331 Ticket: 348185 MONROE COUNTY ARORN quest hetitem t1 you wi hoto spelak on and enable your participation when the Mayor calls for public speakers on PUBLISHER'S AFFIDAVIT your item.To repo callrt (305)problems wIth831he broadcast,please STATE OF FLORIDA NOTICE Of PUBLIC HEARING A person may submit written or other COUNTY OF MONROE physical evidence on a particular agen- NOTICE IS HEREBY GIVEN TO WHOM IT I da item for consideration at the BOCC MAY CONCERN that on July 15,2020 at meeting to Lindsey Ballard via email to: ballard-hndsevQmonrsec�v-fi aov 1:30 P.M.,or as soon thereafter as may The nor by mail to:The County Administra- Before the undersigned authority personally appeared be heard,the Board of County Commis-hol quest t tor's Office,1100 Simonton Street,Key sioners of Monroe County Flnnrla W u °^t I West, FL 33040. The documents must ��, , ` n, OAS on lov, be received by 3:00 p m.on Monday, (� W( l lJ r J who on oath says that he or she is lo" 59 Public Hearings July f y 13,2020 and must include the sub- I A miner's name,address,phone number and email address and the agenda item - (}l -Q-0 of the Key West Citizen,a daily news- NOTICE OF PUBLIC HEARING number the documents are regarding. AN paper publied iney West, in Monroe County,Florida;that the attached copy cotROE NOTICE IS HEREBY GIVEN TO WHOM IT pursuant to Section 286.0105, Florida MAY CONCERN that on July 15,2020 at Statutes,notice is given that if a person of advertisment,being a legal notice in the matter of ORDINANCE NO.014-2020 THA 1 30 P.M.,or as soon thereafter as may decides to appeal any decision made by ERIfCounty the Board with respect to any matter was published in said newspaper in the issues of: ER4 be heard,the Board of Commis STAI - 1:30 sioners of Monroe County,Florida,will considered at such hearings or meet- Wednesday, hold a public hearing regarding the fol- ings,he will need a record of the pro- July 1, 2020 UIN.I lowing County Ordinance. ceedings, and that,for such purpose, he may need to ensure that a verba- SEVI VE ORDINANCE NO.014-2020 tim record of the proceedings is made, which record includes the testimony Affiant further says that the KeyWest Citizen is a newspaper in KeyAN ORDINANCE BY THE BOARD OF and evidence upon which the appeal is Ypublished Pursi COUNTY COMMISSIONERS OF MON- to be based. West, in said Monroe County, Florida and that the said newspapers has hereto- (exte ROE COUNTY, FLORIDA MANDATING fore been continuously published in said Monroe County,Florida every day,and 112, THAT INDIVIDUALS WEAR A FACE COV- ADA ASSISTANCE.If you are a person ttyy Er. ERING IN PUBLIC IN CERTAIN CIRCUM- with a disability who needs special has been entered as periodicals matter at the post office in Key West, in said Centi STANCES; ESTABLISHING A MINIMUM accommodations in order to partru- Monroe County, Florida,for a period of 1 year next preceding the first publication cial i COUNTY-WIDE REQUIREMENT, EXCEPT pate in this proceeding,please contact to co TO THE EXTENT OF A MUNICIPAL OR- the County Administrator's Office, by of the attached copy of advertisement;and affiant further says that he or she has virus, DINANCE IN CONFLICT;PROVIDING FOR phoning(305)292-4441, between the neither paid nor promised any person,firm or corporation any discount, rebate, via C SEVERABILITY;PROVIDING FOR EFFEC- hours of 8:30 a.m. -5:00 p.m.,no tat- commission or refund for the purpose of securing this advertisement for publica- ("CM TIVE AND SUNSET DATES. er than five(5)calendar days prior tc form the scheduled meeting;if you are hear lion in the said newspaper. aov/B Pursuant to Executive Order No.20-69 ing or voice impaired,call"711". Livt (extended by Executive Orders No.20- Closed Captioning is available via ou The F 112,20-139 and 20-150),Monroe Coun- web portal @ h"o llmon�n . �-� �� watch ty Emergency Directive 20-0G,and the gin J(gmcOm for meetings of the Mon Sity's NI Center for Disease Control("CDC)so- roe County Board of County Commis ( 9nature of Affiant) ten tc cial distancing guidelines established stoners. _ dialini to contain the spread of the COVID-19 Dated at Key West, Florida,this 24t • rm-. • s •scri.-d before me this 8th day of July 2020 6833, virus, this meeting will be conducted Weble via Communication Media Technology day of June,2020. �, by the ("CMT") using a Zoom Webinar plat- KEVIN MADOK, Clerk c .I... /�� III 1 form @ htt ' nr a =fh the Circuit Court and ex officio Clerk c _ _ rratur The or girv/R«EMee3Il9)uly1S. the Board of County Commissioners c (No a ublic nature, line b: Monroe County,Florida portal The public is strongly encouraged to 107I01I20 Net West Citizen • ``surwa.„/ som/CI watch the meeting on Monroe Coun- L w _LI�IU,rr A�/ Zit /,/�� ' . ' •P` the"V ty's MCTV Comcast Channel 76 or Lis for meetings of the Mon- ota Pu•is Printed Name) (N- ,i live do ten to audio only from their phone by Board of CountyCommis- ( ry _ I pagedialing (646) 518-9805 or (669) 900- y� P. "• bakup 6833 nd, when prompted,enter the My commission expires /po2 d- I ��s Webinar ID*966 7596 0018 followed Key West, Florida,this 24th '�4ror nt"xs` Ifacer by the k key. e,2020. titular iKEVIN MADOK, Clerk of agenda ThP public can watch tt�meetinq on- Court and ex officio Clerk of � h0e by visiting the County's meeting of Coun Commissioners of Personally Known X Produced Identification_ `d C or the Portal @ �o/lmon_�_roec ty's tY. CD Rem yo 00 t; ensa fault asox and selecting Dunty,Florida the eW"Watch live"banner to view with Key West Citizen Type of Identification Produced N a) live closed captioning on an integrated 2 c-- op if age that includes the agenda/agenda eC backup. m reol. g iv t7 N b) If ri rF a person wants to comment on a Dar- v N 3 bi la i ortion of the =fv 4J agenda when the meeting host and/ 4 p N CE or the Mayor calls for speakers on the rNv its item you wish to comment on: et en..,,,ouuress and name to join the webinar and then select the "Raised Hand" feature that ap- W_!IIIV NOTICE OF PUBLIC HEARING a particular agenda item for NOTICE IS HEREBY GNEN TO consideration at the BOCC WHOM It HEREBY CONCERN that meeting to Lindseyrd-Iin and RECEIVED MAY via email to:bollard-Lndsey@ on July 15,2020 at 1:30P.M., monroecounty-R.gov or by mail to: Published Weeklyor as soon thereafter as may The County Administrator's Office, be heard,the Board of County 1100 Simonton Street,Key West, J U L - 8 2020 Marathon,Monroe County,Florida Commissioners of Monroe FL 33040.The documents must be County,Florida,will hold a public received by 300 p.m.on Monday, hearing regarding the following July 13,2020 and must include PROOF OF PUBLICATION County Ordinance: the onenu beraamemailaaddress, MONROE COUNTY.ATTORNFv ORDINANCE NO.014-2020 phone number and email address AN ORDINANCE BY THE BOARD and the agenda item number the OF COUNTY COMMISSIONERS documents are regarding. STATE OF FLORIDA OF MONROE COUNTY, Pursuant to Section 286.0105, FLORIDA,MANDATING THAT Florida Statutes,notice is given COUNTY OF MONROE INDIVIDUALS WEAR AFACE that if a person decides to appeal Before the undersigned authorityCOVERING INPUBLICWCERTAIN any decision made by the Board g CIRCUMSTANCES;ESTABLISHING with respect to any matter personally appeared �MINIMUMCOUNTY-WIDE considered at such hearings or P Y PP REQUIREMENT,EKCEPTTO meetings,he will need a record on oath, says that he is PUBLISHER of THE EXTENT OFAMUNICIPAL of the proceedings,and that for ORDINANCE IN CONFLICT; such purpose,he may need to the WEEKLY NEWSPAPERS, a weekly PROVIDING FOR SEVERABILITY; ensure that a verbatim record of published in Marathon, in PROVIDING FOR EFFECTNE AND the proceedings is made,which newspaper SUNSET DATES. record includes the testimony and Monroe County, Florida: that the Pursuant to ExecutiveOrderNo. evidence upon which the appeal is Y 20 69(extended by Executive to be based. attached copy of advertisement was Orders No.20-111 20-139 and 20- ADAASSISTANCE:Ifyouarea 1S0),Monroe County Emergency person with a disability who published in said newspaper in the Directive 20-06,and the Center needs special accommodations `for Disease Control('CDC)social in order to participate in this issues of:(date(s)of publication) distancing guidelines established proceeding,please contact the to contain the spread of the County Administrator's Office,by v — ( t 2.0 g/)J COVID-19 virus,this meeting will phoning(305)292-4441,between V1 1 � be conducted via Communication the hours of 8:30 a.m.-500 p.m, 7 Media Technology('CMT')using a prior to the scheduled meeting; ZoomWebinar platform @ httpJ/ if you are hearing or voice www.monroecounty-R.gov/ Impaired,call'711'Live Closed BoccMeeting July15. Captioning is available via our web Affiant further says that the said WEEKLY 'The public is strongly encouraged portal @ http/ ro/monecountyfl. Y to watch the meeting on Monroe Igm2.com for meetings of the NEWSPAPERS is a newspaper published -c«mty'sMCTVCorncastChannel Monroe County Board ofCounty 76 or listen to audio only from Commissioners. at Marathon, in said Monroe County, .theirphonebydialing(646)518- Dated at Key West,Florida,this24" 9805 or(669)900-6833 and,when day of June,2020. Florida,and that the said newspaper has prompted,enter the Webinar KEVIN MADOK,Clerk of the Circuit heretofore been continuously published ID:96675960018 followed by Court the a k and ex offcio Clerk of the Board In said Monroe County, Florida, once The public can watch the of County meeting online by visiting the Commissioners of Monroe County, each week (on Thursday) and has been County's meeting portal @http// Florida qualified as a second class mail matter at monroecountyt.aspx com/ Publish: q Citizens/Defauhaspxond selecting July 2,2020 the post office in Marathon, In Monroe the'Wlatcki:te banner to view The Weekly Newspapers with ive closed captioning on an County, Florida,for a period of one year Integratedpagethatincludesthe agenda/agenda backup. next preceding the first publication of If a person wants to comment on la r the public the attached copy of advertisement.The a poprtion artic u of thiteme agen onda,when the affiant further says that he has neither meetinghostand/orthetayor Y calls for speakers on the item you paid nor promised any person, firm, or a)lfphcommenton: a)If phoning•in:dial'9to'raise corporation any discount, rebate, your hand'to be recognized by webinar commission or refund for the purpose of the b)Ifwatchi Zoom ngthemmonitor.eetin securingthis advertisement for online:clickon/open the Le Zoom webinar link httpJ/ publication in the said newspaper(s)and www.monroecounry- .gov/ BoccMeetino:iYI S that appears that The Weekly Newspapers is in full in both the published Agenda and acen compliance with Chapter 50 of the A entergenda Pyourekemailat.Wddhrespsandrompted, nainar and Florida State Statutes on Legal and then select to tteeweedHand' then select the'Raised Hand' Official Advertisements. feature that appears at the bottom of the Zoom webinar screen to Q recognized by the meeting J' monitor. The meeting monitor/host will request the item r you wish to speak on and enable your SW t and/ �b"s ribed before me participation when the Mayor th d of i/to ,2020. calls for public speakerson your l item.To report problems with (SEAL the broadcast please call(305) 872-8831. Aperson person may submit written �orothher physical evidence on Notary d "`-,,' rh,,,,,, PATRICIA ANNE CHILDRESS Notary Public•State of Florida Commission 0 GG 302466 My Commission Expires March 11,2023 Marathon•Sunshine Key.Big Pine Key•No Name Key.Little,Middle&Big Torch KeyRamrod KeySummerland Key•Cudjoe Key•Sugarloaf Key ink .' iiii /h. — 14:1 INtiohi..44011116;; r 9 1p 0 j d/ * !, 4 i if i . 4 14 P/11 I li ir. :If 11;10.' ' IP ill IF A 0 „. —, 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 Phone: 305-872-0106 Fax: 305-515-2939 REci,` AFFIDAVIT OF PUBLICATION fliOL 1 3 2620 STATE OF FLORIDA > oE COUNTY ATTORNEY COUNTY OF MONROE Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Pine Key, Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of: LEGAL NOTICE: INTENT TO CONSIDER AMENDED ORD FACIAL COVERING: COUNTY ADMIN- ISTRATOR, HISTORIC GATO BUILDING 1100 SIMONTON ST., SUITE 2-205, KEY WEST, FL 33040 was published in said newspaper in the issue(s) of: JULY 3, 2020 Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in said Monroe County, Florida each week and has been entered as first-class mail matter at the post office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in said newspaper. S� Signature of Affiant Sw r and subscri ed fore n1t thi 8TH Day of JULY 2020 lb1 ie_8. ge—citt-t___ Signature of Notary ed Name of Notary VANESSA HEDRICK MY COMMISSION a GG241 SB Expires '' ...._: 47EXPIRES:October 06,2020 ...wvrv.wvvwvv Personally Known X Produced Identification Type of Identification Produced My 2,7a20 — LEGAL NOTICES NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Juty 15,2020 at 1:30 P.M., or as soon thereafter as may be heard,the Board of County Commissioners of Monroe County,Florida, will hold a public hearing regarding the following County Ordinance: ORDINANCE NO.014-2020 • • AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MANDATING THAT INDIVIDUALS WEAR A FACE COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES; ESTABLISHING A MINIMUM COUNTY-WIDE REQUIREMENT, EXCEPT TO THE EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT;PROVIDING FOR SEVERABILITYt PROVIDING FOR EFFECTIVE AND SUNSET DATES. Pursuant to Executive Order No.20-69(extended by Executive Orders No.20.112,20-139 and 20-150), Afannie County Emergency Directive 20-06,and the Center for Disease Control("CDC)social distancing guidelines established to contain the spread of the COVID-19 virus,this meeting will be conducted via Communication Media Technology ("CMT") using a Zoom Webitar platform (a' linos://www_monrt_Kcosn flgov/BoccMeetisalulyt5 The pablk Is strongly encouraged to watch the meeting on Monroe County's MCTV Comcast Channel 76 or listen to audio only from their phone by dialing(646)518-9805 or(669)900-6833 and,when prompted,enter the W'ebinar 1Dir 966 7596 0018 followed by the I key. The public can watch the mceline online by visiting the County's meeting portal (g bits://monroecountyll.iam2.cam`C}tizerts Default,osgr,and selecting the"Watch the'banner to view with live closed captioning on an integrated page that includes the agenda/agenda backup. El person wants to comment on a particular item on thesublic portion of the agenda,when the meeting host and/or the Mayor calls for speakers on the item you wish to comment on: a) It tshopintt-in:dial 49 to"raise your hand"to be recognized by the Zoom webirar monitor. b) (f walchirur the meeting online: click on/open the live Zoom webinar link hrros:/wwwmonroecounrv-i. 9v/BoocMeetirtsJtiivl5 that appears in both the published Agenda and Agenda Packet. When prompted,enter your email address and name to join the webinar and then select the"Raised Hand"feature that appears at the bottom of the Zoom webinar screen to be recognized by the meeting monitor. The meeting monitothost will request the item 9 you wish to speak on and enable your participation when the Mayor calls for public speakers on your item.To report problems with the broadcast,please call(305)872-8831. A person may submit written or other physical evidence on a particular agenda item for consideration at the BOCC meeting to Lindsey Ballard via email to:baUard-liodsc',asmonroccounty-Fl.eov or by mail to: The County Administrato's Office,1100 Simonton Street,Key West FL 33040.The documents mast be received by 3:00 p.m.on Monday,July 13,2020 and must include the saboitter's name,address, phone number and email address and the agenda Item number the documents art regarding. Pursuant to Section 286.0105,Flonda Statutes,notice is given that if a person decides to appeal an} decision made by the Board with respect to any matter considered at such hearings or meetings,he will need a record of the proceedings,and that,for such purpose,he may need to ensure that a verbatim moon! of the proceedings is made,which record includes the testimony and evidence upon which the appeal to be based. ADA ASSISTANCE:If you are a person with a disability who meets special accommodatlaas in order u participate In this proceeding,please contact the County Administrator's Office,by phoning(305)292-4441 between the hours of d:30 arm.-5:(90 pm.,no later than ftw(5)calendar days prior to the scheduled meeting, if you we hearing or mire impaired,call"711 Litt Closed Captioning is availabk via our web pooa, q http://monroecountyfl.iaml.eom for meetings of the Monroe County Board of Count) Commissioners. Dated at Key West,Florida,this 24 s day of June,2020. KEVIN MADOK,Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida 1 WT;1111 a °° '1 Kevin Madok, CPA ;1; 1' 1 y Clerk of the Circuit Court&Comptroller—Monroe County, Florida July 17,2020 Department of State Administrative Code&Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No.022-2020 an uncoditied Ordinance by the Board of County Commissioners of Monroe County, Florida amending Ordinance No. 014-2020 to mandate that individuals wear a face covering in public in certain circumstances; establishing a minimum county-wide requirement, except to the extent of a Municipal Ordinance conflict; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for transmittal to the Secretary of State and providing for an effective and sunset date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting,held in formal session, on July 15,2020. Should you have any questions please feel free to contact me at (305)292-3550. Respectfully Submitted, Kevin Madok,CPA,Clerk of the Circuit Court&Comptroller& ex-officio to the Monroe County Board of County Commissioners by:Pamela G. Hancock, D.C. cc: Planning& Environmental County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Flonda 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 t � FLORIDA DEPARTMENT 0 STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State July 20, 2020 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock Dear Mr. Madok: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 022-2020, which was filed in this office on July 17, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Pamela G. Hancock From: ords@municode.com Sent: Monday, August 3, 2020 5:10 PM To: Peters-Katherine@monroecounty-fl.gov; Pamela G. Hancock Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 21 Update 3 ****THIS IS AN AUTOMATICALLY GENERATED EMAIL**** Below, you will find the material that we have received/recorded to your account.This material is being considered for inclusion in your next/current update, Supplement 21 Update 3 Document Adopted Date Recorded Recorded Format Ordinance No. 019-2020 7/15/2020 7/27/2020 PDF Ordinance No. 020-2020 7/15/2020 7/27/2020 PDF Ordinance No. 022-2020 7/15/2020 7/20/2020 PDF Ordinance No. 023-2020 7/15/2020 7/20/2020 PDF Ordinance No. 024-2020 7/21/2020 7/23/2020 PDF Ordinance No. 025-2020 7/27/2020 8/3/2020 PDF X Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly. 1