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
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Page 8 of 8
AirKEYSWEST 59 Public H��IIn L
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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
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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.
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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
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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.
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Personally Known X Produced Identification_ `d C or the Portal @ �o/lmon_�_roec ty's tY.
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Type of Identification Produced N a) live closed captioning on an integrated
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en..,,,ouuress and name to join
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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
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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
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The meeting monitor/host will
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SW t and/ �b"s ribed before me participation when the Mayor
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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
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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
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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.
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