Item R8 County of Monroe m BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
The Florida Keys
Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Summary #7127
ADD ON DAY OF MEETING: Will be Add On Item R-8
BULK ITEM: Yes DEPARTMENT: Code Compliance
TIME APPROXIMATE: STAFF CONTACT: Cynthia McPherson(305)289-2508
N/A
AGENDA ITEM WORDING: Approval of a resolution authorizing Code Compliance Officers to
issue citations for disposition in County Court.
ITEM BACKGROUND: On March 1, 2020,Governor DeSantis issued Executive Order 20-52,
which declared a state of emergency in Florida due to the COV ID 19 virus and resulting pandemic.
The Mayor first declared a state of local emergency on March 15,2020 and has renewed that
declaration every week since. Pursuant to the authority vested in her by Section 11-3 of the County
Code, the Emergency Management Director issued a number of emergency directives including
Directive 20-05 and later 20-08, which mandated the use of face coverings or masks in certain
circumstances. Per F.S. 252.50, violations of emergency directives are enforceable as criminal
offenses.
On June 17, 2020,Ordinance No. 014-2020 was adopted at the regular meeting,held in formal
session, by the Monroe County Board of County Commissioners to mandate that individuals wear a
face covering in public in certain circumstances; establishing a minimum county-wide requirement.
Ordinance No.014-2020, SECTION 5-Penalties and Enforcement, states: This ordinance may
be enforced in the following manner:
(1) Civil Citation.
a. A code compliance or 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.
(2) 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.
b. Any person or business establishment found in violation of this ordinance may be
fined pursuant to part I of chapter 162, Florida Statutes.
This resolution authorizes the following Code Compliance officers to issue citations, in the event
this becomes necessary.
Cynthia McPherson
Lisette Cutie
Diane Link
Stan Anders
Francie Boellard
Andres Garcia
Christopher Grant
Jay Jagtiani
Brian Oppenheimer
Gintas Zavadzkas
Janice Hall
Currently Code is using the Notice of Violation process, following complaint based compliance.
PREVIOUS RELEVANT BOCC ACTION:
6/4/20 Special Meeting—Board considered ordinance.
6/17/20 Regular Meeting—Board adopted Ordinance No. 014-2020
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance 014-2020
Resolution for auth. to issue citations
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes,amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Assistant County Administrator Christine Hurley Completed
07/08/2020 1:26 PM
Cynthia McPherson Completed 07/09/2020 7:20 AM
Steve Williams Completed 07/09/2020 7:34 AM
Bob Shillinger Completed 07/09/2020 9:25 AM
Purchasing Completed 07/09/2020 9:27 AM
Budget and Finance Completed 07/09/2020 9:32 AM
Maria Slavik Completed 07/09/2020 10:58 AM
Kathy Peters Completed 07/09/2020 10:58 AM
Board of County Commissioners Pending 07/15/2020 9:00 AM
RESOLUTION NO. - 2020
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AUTHORIZING CERTAIN CODE
COMPLIANCE INSPECTORS TO ISSUE CITATIONS FOR
VIOLATIONS OF THE MONROE COUNT CODE FOR DISPOSITION IN
COUNTY COURT.
WHEREAS,Sec. 8.4.,Monroe County Code provides that Monroe County Code Inspectors may
be authorized by the Board of County Commissioners to issue citations for violations of the Monroe
County Code for disposition in County Court; and
WHEREAS, Chapter 162, Florida Statutes provides for the disposition of violations in County
Court;and
WHEREAS,in order to enforce violations of the Monroe County Code in County Court,Monroe
County Code Inspectors must first be authorized by a resolution of the Board of County Commissioners
to issue citations for violations of the Monroe County Code for disposition in County Court;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
The following Code Compliance Inspectors are authorized to issue citations for violations of the
Monroe County Code for disposition in County Court:
Cynthia McPherson, Lisette Cutie, Diane Link, Stan Anders, Francie Boellard,
Andres Garcia, Christopher Grant, Jay Jagtiani, Brian Oppenheimer, Gintas
Zavadzkas,and Janice Hall.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida
at a regular meeting held on the_day of July, 2020.
Mayor Heather Carruthers
Mayor Pro Tern Michelle Coldiron
Commissioner Craig Cates
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
By
(SEAL) Mayor Heather Carruthers
ATTEST: KEVIN MADOK, CLERK
MONROE COUIrY�
By
Deputy Clerk
Do 7COUMTr�T70RMGY
ORDINANCE NO. 014.2020
AN UNCODIFIED ORDINANCE BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA 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") fords 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 am 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,roughing,
or sneezing—even if those people am 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
• WHEREAS,cloth face coverings am relatively inexpensive and readily available as the
CDC states they can be made from household items and provides online guidance for making"do-
ibyourself'coverings for people that cannot or do not want to buy one from the increasing sources
producing and selling coverings;and
Page 1 of 6
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 COVm19;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 VBf 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 COVID19;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 am 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 ton liability to mean"a location where business is conducted,goods
are made or stored or processed or where services are rendered." Pubttx Supermarkets, Inc. v.
Santos, 118 So.3d 317 (Fla. 3d DCA 20131;and
WHEREAS, die Florida Legislature has defined the term "transient public lodging
establishment"to mean"any unit,group of units, swelling,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 I 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;
Page 2 of 6
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings.
SECTION 2.Definitions. For purposes of this ordinance, the following teens are defined as
follows:
(I) 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 be made of a variety of materials, such as
cotton, silk, or linen. A cloth face covering may he factory-made or sewn
by hand, or can be improvised from household items.
(2) Business establishment. A"business establishment"means a location with
a roof overhead under which 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 does not include schools servicing students under the
age of IS.
(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.
SECTION 3, Recommended standards of conduct.
(1) Every person over the age of six(6)who is away from his or her residence
should 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
should carry a face covering capable of immediate use.
(3) Each owner or manager should establish rules for that business
- - - establishment that encourage 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.
Page 3 of 6
•
(4) 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) An owner, manager, employee, customer or patron of a business
establishment must wear a face covering while in that business
establishment.
(2) 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 owners, managers, 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. This exception doer not apply to
emplayeer who an present in the kitchen or other food and
beverage preparation area of a rettaamnl or food
establishment When an owner, manager, or employee is in
their place of employment but not within six feet of another
person,that owner,manager,or employee does not need to wear
a mask.
e. Bar patrons while consuming beverages and/or food.
I. 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.
(3) The owner, operator, manager, and employee of a business or
lodging establishment shall ensure that every individual in that
establishment complies with this section.
Page 4 of 6
(4) When a customer of a business establishment asserts that he or she
has a disability that prevents the individual from wearing a mask,
the owner,manager,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, 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.
EErflON5, Pnsaltles and Enforcement. This ordinance may be enforced in the
following manner:
(1) civil Citation.
a. A code compliance or 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.
(2) 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.
b. Any person or business establishment found in violation of this
ordinance may be fined pursuant to pan I of chapter 162,Florida
Statutes.
(3) Injunctive relief,
a The State Attorney of the 16u Judicial Circuit and/or the County
Attorney may file an action for injunctive relief in Circuit Coon 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.
Page 5 of 6
(4) Private Right of Action. Any natural person may seek injunctive relief in
the Circuit Court for the 16n 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.
(5) 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 E. SeverabWty. 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.
CECTION$ 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.
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 1 T°day of June 2020.
Mayor Rather Carruthers o .
Mayor Pro Tem Michdk andiron ]f¢
Commissioner Craig Cates Yes ?r z to
Commissioner David Rice Yes f' o
Conunissloner Sylvia Murphy OD
(SEAL) BOARD OF COUNTY COntaanSI(* Rgm�
Attests KEVIN MADOK,Clerk OF MONROE C ' RIDA; -
Q J O
By: G ..u-. (� By:
As Deputy Clerk r r Carruthers
g01110g COIaf f Y AlTpptiv�
10
Page 6 of 6 pptar���ptn��
aan Aurf" y v
/JAN% Kevin Madok, CPA
l ;
,= Clerk of the Circuit Court&Comptroller—Monroe County Florida
June 18,2020
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.014-2020 an uncodiffed Ordinance by the Board
of County Commissioners of Monroe County, Florida 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 regular
meeting,held in formal session,on June 17,2020. Should you have any questions please feel free to
contact me at(305) 292-3550.
Respectfully Submittal,
Kevin Madok,CPA,Clerk of
the circuit Court&Comptroller&
a-officio to the Monroe County
Board of County Commissioners
by:Pamela a Hancock,D.C.
cc: Emergency Management
County Attorney
MunicCode
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway B8820 Overseas Highway 50 High Plod ROM
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Heads 33070 Plnrteaon Key,Fluids 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
ti., xc✓`
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
June 18,2020
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. 014-2020,which was filed in this office on June 18,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/Ib
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Pamela G. Hancock
From: Ords Admin <ords@municode.com>
Sent: Friday,June 19, 2020 6:38 AM
To: Pamela G. Hancock
Subject: RE: Monroe County, FL Code of Ordinances - 2008(14298) OrdBank
Follow Up Flag: Follow up
Flag Status: Flagged
We have received your file.
Thank you and have a nice day.
Ords Administrator
ords@municode.com
1-800-262-2633
P.O. Box 2235
Tallahassee,FL 32316
When available,please send all documents in WORD format to Ords@municode.com. However,if WORD format is not
available,we welcome any document format including PDF.
5.1
From:Pamela G. Hancock<phancock@monroe-clerk.com>
Sent:Thursday,June 18,2020 2:04 PM
To:State of Florida<CountyOrdinances@dos.myflorida.com>
Cc:Amanda Leggett<leggett-amanda@monroecounty-fl.gov>;Carol Schreck<boccdis3@monroecounty-fl.gov>;Katie
Atkins<Atkins-Katherine@monroecounty-fl.gov>;Lindsey Ballard cBallard-Lindsey@monroecounty-fl.gov>;Ords Admin
cords@municode.com>;Susie Ptomey<boccdis5@monroecounty-fl.gov>;Tamara Lamarche(boccdis4@monroecounty-
fl.gov)<boccdis4@monroecounty-fl.gov>;'Luttazi-alary@monroecounty-fl.gov'<Luttazi-alary@monroecounty-fl.gov>;
Weiner-Shannon cWeiner-Shannon@MonroeCounty-FL.Gov>; Kathy Peters(Peters-Katherine@monroecounty-fl.gov)
cPeters-Katherine@monroecounty-fl.gov>;Yongue-Liz<Yongue-Liz@MonroeCounty-FL.Gov>
Subject:Ordinance No.014-2020
Sender Full Name: Pamela G. Hancock
Sender Phone Number: (305)292-3550
County Name: Monroe
Ordinance Number: 2020-014
"". Pamela G.Hancock
'x.':.
e r' J Deputy Clerk
0 I: G Kevin Madok,CPA
43-. J
% .;:• Clerk of the Circuit Court&Comptroller
�t , 500 Whitehead St,Key West,FL,33040
t