Ordinance 024-2020 ORDINANCE NO.024 . 2020
AN UNCODIFIED ORDINANCE BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA AMENDING ORDINANCE NO. 014-2020 AS
AMENDED BY ORDINANCE 022-2020 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 COVID-19 presents a danger to the health, safety, and welfare of the public;
and
WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 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
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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 finds 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 VIII 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 11-3 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." Pubfix Supermarkets. Inc. v.
Santos, 118 So.3d 317 (Ha. 3d DCA 2013); and
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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)l; 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; and
WHEREAS, on July 15, 2020, the Board revised Ordinance 014-2020 to, inter a(ia,
require that when an employee of a business tests positive for COVID19, the business shall shut
down for a minimum of 3 days to sanitize; and
WHEREAS, State and Federal law preempts the County's ability to impose such a
restriction on certain types of businesses; and
WHEREAS, F.S. 162.21(5)(c) requires that the Board set an amount that a person issued
a citation must pay in lieu of contesting a citation; and
WHEREAS, the Board finds that $250 is a reasonable amount to impose as a fine on a
person whodoes not wish to contest a citation;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Ordinance No. 022-2020 is hereby amended as follows:
SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings.
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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 he secured to the head with ties or straps or simply wrapped around the
lower face. It can he made ola variety of materials.such as cotton,silk.or linen.
A cloth face covering may he factory-made or sewn by hand. or can he
improvised from household items.
(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)1 (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.
(I) 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.
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SECTION 4. Mandatory requirements.
(l) 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.
(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) 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.
(5) 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.
e. 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.
(6) An operator and/or employee of a business or lodging establishment shall
ensure that every individual in that establishment complies with this section.
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(7) 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 l6el' 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.
c. If a person issued a citation does not wish to contest the
violation, that person may pay a fine of $250 to the Clerk of
Court in lieu of contesting the citation.
(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.
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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 16'h 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 16'h 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 I, 2021, subject to quarterly review.
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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 special meeting of said Board held on the 21"day of July, 2020.
Mayor Heather Carruthers Yes
(It :
Mayor Pro Tern Michelle Coldiron Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
V. --ff BOARD OF COUNTY COMMISSIONERS
aTi• r : KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: 67 By:
As Deputy Clerk M yor they Carruthers
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Co)
5 N MONROE COUNTY A NEY
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Page 8 of 8
,a ': w.. ', Kevin Madok, CPA
%11
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
July 22, 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. 024-2020 an uncodified Ordinance by the
Board of County Commissioners of Monroe County, Florida amending Ordinance No. 014-2020
as amended by Ordinance No. 022-2020 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
special meeting, held in formal session, on July 21, 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,Florida 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 22, 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. 024-2020, which was bled in this office on July 22,
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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