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Item H1 H.1 Coup of Monroe BOARD OF COUNTY COMMISSIONERS ��tti� Mayor Heather Carruthers,District 3 Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys d Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting July 27, 2020 Agenda Item Number: H.1 Agenda Item Summary #7163 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider amendments to Ordinance No. 024- 2020 (amended mask ordinance adopted 7/21/2020) and Ordinance No. 023-2020 (closures/alcohol ban during lobster mini season adopted 7/15/20) due to the alarming increase in cases of COVID-19. ITEM BACKGROUND: On 7/21/20, a special meeting was called by the Mayor to discuss the possible cancellation of mini-season, closing boat ramps, etc. and other protective measures to minimize the anticipated influx of persons from outside of the County to participate in the July 29-30 lobster season, given the alarming increase in the number of infections from COVID-19. Following discussion and public input, the Board adopted emergency Ordinance No. 024-2020 (amending Ordinance No. 014-2020, as amended by Ordinance No. 022-2020 adopted 7/15/20. Additionally, at their BOCC 7/15/20 meeting, the Board also adopted Ordinance No. 023-2020 mandating the closure of bars, restaurants and food service established and prohibiting all alcohol sales for specific time periods. In the event the Board desires to amend either Ordinance No. 024-2020 (updated mask ordinance) and/or Ordinance No. 023-2020 (closure of restaurants & bars and prohibiting alcohol sales), this public hearing satisfies the requirements for the adoption of an emergency ordinance by the Board, noting the waiver of published notice requirements for adoption of an emergency ordinance, provided there is a 4/5th vote by the Commission. PREVIOUS RELEVANT BOCC ACTION: 7/21/20 (C-1) Special Meeting was called by the Mayor to discuss possible cancellation of mini- season and possible additional protective measures due the continued increase in COVID-19 cases; Board adopted an emergency ordinance amending Ordinance No. 014-2020, as amended by Ordinance No. 022-2020 (adopted 7/15/20 ) 7/15/20 (P-12) Board adopted Emergency Ordinance No. 023-2020 setting closure dates and times for bars, restaurants and food service establishments and dates/times banning the Packet Pg. 17 H.1 sale of alcohol 7/15/20 (P-10) Board adopted Ordinance No. 022-2020 amending Ordinance No. 014-2020 adding criminal enforcement actions, making previously recommended actions mandatory, etc. 7/8/20 (D) As a result of discussion re: COVID-19 during Commissioner's Comments, the Board directed the County Attorney to draft ordinance regarding protective measures in response to the increase in COVID-19 cases 6/17/20 (0-11) Board adopted Ordinance No. 014-2020 requiring facial coverings and setting forth enforcement measures CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: N/A DOCUMENTATION: Ordinance No. 024-2020 amending Ord No 022-2020 req face covering adopted 7 2120 (C-1) Emergency Ordinance No. 023-2020 mini season curfew alcohol ban BOCC 7 15 20 (P12) Ordinance No. 022-2020 amending Ordinance No. 014-2020 req face coverings, adding crininal penalties BOCC 7 15 20 (P10) Ordinance No. 014-2020 req face covering (COVID-19) BOCC 6 17 20 FINANCIAL IMPACT: Effective Date: TBD Expiration Date: TBD 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: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: Packet Pg. 18 H.1 n/a REVIEWED BY: Bob Shillinger Completed 07/24/2020 4:32 PM Kathy Peters Completed 07/24/2020 4:32 PM Board of County Commissioners Pending 07/27/2020 10:00 AM Packet Pg. 19 H.1.a d ORDINANCE NO.024 - 2020 U d AN UNCODIFIED ORDINANCE BY THE BOARD OF 0- 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 d INCONSISTENT HEREWITH; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE AND v PROVIDING FOR AN EFFECTIVE AND SUNSET DATE. N N WHEREAS, the Board of County Commissioners of Monroe County, Florida(hereinafter r. "Board") finds that COVID-19 presents a danger to the health, safety, and welfare of the public; and 0 z� WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads L 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 b feet (about two arms lengths); and "- Cr d L WHEREAS, the CDC advises that a significant portion of individuals with coronavirus o lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- N symptomatic") can transmit the virus to others before showing symptoms. This means that the o virus can spread between people interacting in close proximity—for example, speaking,coughing, z° or sneezing—even if those people are not exhibiting symptoms; and O WHEREAS, the CDC recommends wearing cloth face coverings in public settings where c' 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 E W 0 WHEREAS,the CDC does not recommend wearing cloth face covering for children under N the age (Of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise N unable to remove the mask without assistance; and 0 6 z 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 c continue to be reserved for healthcare workers and other medical first responders; and L O .y E .E. U tli s- Page 1 of S a Packet Pg.20 H.1.a d WHEREAS, cloth face coverings are relatively inexpensive and readily available as the Y CDC states they can be made from household items and provides online guidance for making"do- a it-yourself'coverings for people that cannot or do not want to buy one from the increasing sources Q 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 v in public locations to slow the spread of CDVID-19; and 0 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 °- r WHEREAS, the Board finds implementation of this ordinance is necessary for the v preservation of the health, safety, and welfare of the community; and N r N 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 c L WHEREAS, the State of Florida has not preempted local governments from regulating in o the field of minimum health requirements with respect to COVID-19; and WHEREAS, the County's Emergency Management Director has issued interim rules Cr requiring the use of face coverings pursuant to the authority vested in her by Section 11-3 of the d 0 County Code that are enforceable as misdemeanors by law enforcement through F.S. 252.47 and N F.S. 252.50; and N N 0 WHEREAS, adopting regulations via ordinance would permit additional enforcement z° options through code compliance and injunctive relief; and "a 0 CD WHEREAS, 28 C.F.R. 36.208, the implementing regulations for the Americans with z� 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 E and accommodations of that public accommodation when that individual poses a direct threat to N the health or safety of others; and customers with disabilities who may be unable, due to their N disability; to wear a face mask may access the goods and services of the businesses through the N provisions of curbside service or home delivery; and Q 6 z 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." Puhlix Supermarkets, Inc. v. Santos, 118 So.3d 317 (Fla. 3d DCA 2013); and c a, E U tli s- Page 2 of 8 a Packet Pg.21 H.1.a 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 Q for a period of less than 30 days or 1 calendar month, whichever is less, or which is advertised or 0 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 0 z� z� WHEREAS,the number of infections has increased dramatically since the mask ordinance = was adopted; and °- r WHEREAS, on June 26, 2020, the Emergency Management Director issued Emergency v Directive 20-10,which expanded upon the requirements in Ordinance 014-2020 by mandating that N facial coverings be carried by any person over the age of six who is away from home by requiring N such persons to wear masks when unable to engage in social distancing from another person; and sa. WHEREAS, the Board desires to incorporate these new requirements into its ordinance 0 so as to authorize additional enforcement mechanisms unavailable for enforcing an emergency W directive; and L d 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 Cr d L WHEREAS, on July 15, 2020, the Board revised Ordinance 014-2020 to, inter alia, o require that when an employee of a business tests positive for COVIDI9, the business shall shut N down for a minimum of 3 days to sanitize; and o 0 z WHEREAS, State and Federal law preempts the Count_y's ability to impose such a "a restriction on certain types of businesses; and c 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 E 0 N WHEREAS, the Board finds that $250 is a reasonable amount to impose as a fine on a N pm-on-who does not wish to contest a citation; N 0 6 z NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: c Ordinance No. 022.2020 is hereby amended as follows: a, SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. Page 3 of 8 a Packet Pg.22 H.1.a SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as follows: d 0 L (1) Face Covering. A"face covering" is a material that covers the nose and mouth. 0) It can he secured to the head with ties or straps or sin)ply wrapped around the lower face. It can he made of a �ariety of materials.such as cotton, sill.or linen. A cloth face covering may be factory-madc or sown by hand, or can be v improvised ironi household ittnts, 0 (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 n. locations where non-profit, governmental, and quasi-governmental entities facilitate public interactions and conduct business. The term shall include the v entire premises of the business establishment, whether owned or leased, N regardless of whether indoors or outdoors. The term does not include educational institutions operating within Monroe County, which have adopted z� their own protocols. 0 "a (3) Lodging establishment. A "lodging establishment" shall have the same meaning as the term "transient public lodging establishment" has in F.S. L 509.013(4)(a)1 (2019). A lodging establishment is a specific type of business > establishment. 0 U (4) Operator. An "operator" shall mean any individual or entity that owns a Cr business or controls the operation of the business, even if only for a period of d time, regardless of the formal title or role health by that individual. o N (5) Social Distancing. "Social distancing" shall mean keeping space between o yourself and other persons bystaying a minimum of six (6) feet away from z° another person. "a O c SECTION 3. Recommended standards of conduct. c a, (1) Vulnerable Populations. Individuals older than 65 years of age and W individuals with a serious underlying medical condition (such as chronic o lung disease,moderate-to-severe asthma, serious heart conditions,immune- compromised status, cancer, diabetes, severe obesity, renal failure, liver o disease) should continue to stay at home. When leaving home, these o individuals should follow social distancing and other general mitigation z 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 0 populations should affirmatively inform their employer that they are a member of a vulnerable population so that their employer can plan 0 accordingly. Page 4 of S a Packet Pg.23 H.1.a d SECTION 4. Mandatory requirements. '- U d (1) Every person over the age of six (6) who is away from his or her residence 0- shall wear a face covering when closer than 6 feet to another person with a 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. 0 (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 a. Centers of Disease Control and the State Department of Health. v (4) An operator, manager, employee, customer or patron of a business N establishment must wear a face covering while in that business N 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 c' beverages while seated at a table b. A gym patron engaged in a workout or class where at least 6 feet 0 of distancing exists with the next closest patron. c. Barbershop or beauty salon customers or patrons when wearing Cr a face covering would reasonably interfere with receiving services. o N d. Business operators and employees who are in an area of a N business establishment that is not open to customers, patrons, or o the public, provided that 6 feet of distance exists between o 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 E preparation area of a restaurant or food establishment. Q 0 e. Bar patrons while consuming beverages and/or food. N f. A lodging establishment guest when inside of the lodging unit including but not limited to a hotel room, motel room, vacation o rental unit, timeshare unit, or similar unit. 6 z 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. L O (6) An operator and/or employee of a business or lodging establishment shall ensure that every individual in that establishment complies with this section. U tli s-. Page 5 of 8 a Packet Pg.24 H.1.a d (7) When a customer of a business establishment asserts that he or She has a Y disability that prevents the individual from wearing a mask or facial a covering, the operator or employee of the business establishment may Q exclude the individual, even if they have a disability, as they pose a direct r 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 v 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. x n. SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the -- r following manner: v 0 (1) Quasi-Criminal Offense. `" a. Any state, county, or municipal law enforcement officer mays 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 10h 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 0 violation of this ordinance occurs is considered a separate offense. Cr d L (2) Civil Citation. N a. A county or municipal code compliance or county, municipal, N or state law enforcement officer may, upon observation of a N violation by a person who does not immediately put on a face D covering after receiving a warning, issue a notice to appear or z 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 M CD violation, that person may pay a tine of $250 to the Clerk of N CD Court in lieu of contesting the citation. N 0 (3) Administrative Notice of Violation 6 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 ppo hoard or special magistrate of that officer's jurisdiction. a, E U tli s- Page b of 8 a Packet Pg.26 H.1.a d b. Any person or business establishment found in violation of this '— ordinance may be fined pursuant to part I of Chapter 162,Florida d Statutes. ° sa. rn r (4) Injunctive relief. a. The State Attorney of the Wh Judicial Circuit and/or the County Attorney may file an action for injunctive relief in Circuit Court v 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. v (5) Private Right of Action. Any natural person may seek injunctive N relief in the Circuit Court for the 16h Judicial Circuit to enforce �i 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. �° a� (6) Defenses. An owner, manager, and/or employee of a business L establishment shall not be liable in any enforcement action taken o 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 Cr vacate the premises or face prosecution of trespass. 0 N 0 N SECTION 6. Severability. If any section, subsection, sentence, clause, or provision of this N ordinance is held by a court of competent jurisdiction to be invalid, the remainder of this ordinance o shall not be affected by such invalidity. z L SECTION 7. Applicability and Conflict. This ordinance is intended to have countywide 0, c 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 o conflict. N 0 N N SECTION 8. Effective Date. This Ordinance shall take immediate effect upon adoption and o shall be filed with the Department of State. z U C 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. a, E U tli s- Page 7 of 8 a Packet Pg.26 d 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. 0) r PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 2 1"day of July, 2020. v Mayor Heather Carruthers Yes Mayor Pro Tem Michelle Coldiron Yes ° Commissioner Craig Cates Yes z� Commissioner David Rice Yes x rl Commissioner Sylvia Murphy Yes n. BOARD OF COUNTY COMMISSIONERS v KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA N N ti By: By: As Deputy Clerk N114yor Mther Carruthers c L 0 U d U Cr d L N 40 N N N 40 0 z L O CD C C-) MONROE COUNTY A FORM o L APP o 04 ,w B. .JR. N N N Z W C L O Y.d E .E. U tli Q Page 8 of 8 Packet Pg.27 ate, V FLORIDA DEPARTMENT Of STATE 0 L CL RON DESANTIS LAUREL M. LEE Governor Secretary of State O V 7i c 0 =a July 22, 2020 z a r v 0 N Honorable Kevin Madok 04 Clerk of the Circuit Court Monroe County 2 CL 500 Whitehead Street, Suite 101 -00 Key West, Florida 33040 `° a� c Attention: Pam Hancock > 0 C Dear Mr. Madok: U w a 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 filed in this office on July 22, o 2020. N N N 0 Sincerely, z0 O c =a c Ernest L. Reddick E Program Administrator 0 Co N ELR/lb N 0 z 0 c O c 0 E s v R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Packet Pg. 28 H.1.b ORDINANCE NO. 023 -2020 AN UNCODIFIED EMERGENCY ORDINANCE BY THE BOARD OF COUNTY COMNUSSIONERS OF MONROE COUNTY, FLORIDA TO MANDATE THAT ALL BARS, RESTAURANTS,AND FOOD SERVICE ESTABLISHMENTS CLOSE FROM 11 P.M.UNTIL 5 A.M.EACH DAY STARTING AT 11 P.M. ON JULY 24, 2020 AND ENDING AT 5 A.M. ON v AUGUST 19,2020; PROHIBITING ALCOHOL SALES FROM c 11 P.M.UNTIL 7 A.M.EACH DAY STARTING AT 11 P.M.ON ,DULY 24, 2020 AND ENDING AT 7 A.M. ON AUGUST 19, 2020; ESTABLISHING A MINIMUM COUNTY-WIDE REQUIREMENT, EXCEPT TO THE EXTENT OF A d MUNICIPAL ORDINANCE IN CONFLICT; PROVIDING N FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING N FOR TRANSMITTAL TO THE SECRETARY OF STATE , AND PROVIDING FOR AN EFFECTIVE AND SUNSET DATE. v v 0 WHEREAS,the Board of County Commissioners of Monroe County,Florida(hereinafter m "Board") finds that COVID-19 presents a danger to the health, safety, and welfare of the public; and ° 0 U 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 12 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 0 0 0 WHEREAS, the CDC advises that a significant portion of individuals with coronavirus lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- E symptomatic") can transmit the virus to others before showing symptoms. This means that the N virus can spread between people interacting in close proximity—for example,speaking,coughing, N or sneezing-even if those people are not exhibiting symptoms; and N 0 WHEREAS, despite several protective measures taken by the State and the County, the z0 infection rates have grown worse; and c c WHEREAS, state and local officials from Miami-Dade, Broward and Palm Beach Counties have recognized that those three counties have seen the gravest infection rates of the 0 State; and c 0 WHEREAS, Miami-Dade County is immediately adjacent to Monroe County and Broward County is located between Miami-Dade and Palm Beach counties; and W a, E U Page 1 of 6 Packet Pg.29 H.1.b WHEREAS, according to representatives of the Monroe County Tourist Development ; Council, much of the summer tourism market in the Keys sterns from residents of Miami-Dade, Broward, and Palm Beach counties; and o L Q. WHEREAS,current research has shown that a leading means of spreading the virus is by passage of aerosol particles exhaled by infected persons;and 0 WHEREAS, the CDC, State and Local Health Officials, as well as Monroe County have v adopted recommendations and requirements to limit opportunities for spread through such measures as limiting crowd size, facial covering rules and recommendations, closing bars and limiting restaurant service;and limiting other activities where people come into contact with other people with whom they have not quarantined; and WHEREAS,the Florida Fish&Wildlife Commission(FWC)has established a 2-day sport season for recreational harvest of spiny lobster; and °- 0 N WHEREAS,this 2-day mini season precedes the opening of commercial lobster season so as to reduce conflicts between recreational and commercial fishermen competing for lobsters if ti there was but one opening day of lobster season; and m WHEREAS, in 2020, the lobster mini-season falls on July 29 and 30 and the regular lobster season begins on August 6,2020; and 6 WHEREAS, FWC has advised that,by far, Monroe County is the county most impacted 0 by mini-season in terms of the number of people participating in the season; and d WHEREAS, experience has demonstrated that the annual mini-lobster season attracts a large number of visitors to Monroe County; and WHEREAS, while the actual act of harvesting of lobster involves scuba diving, free diving,snorkeling,and bully netting,activities that do not directly facilitate the spread of the virus, many of the people doing the harvesting will engage in social activities in off-hours that risk the E community spread of the virus, including the patronizing of local restaurants and bars;and N N WHEREAS, experience has demonstrated that many recreational lobster fishermen also 0 flock to the Keys at the opening of the regular lobster season in early August; and z° WHEREAS, on June 26, 2020, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-09, which closed bars for all but carry out c service, as amended on July 1, 2020; and O WHEREAS, DBPR premised that order on the statement that bars serve as venues for spread of the virus because people tend not to engage in social distancing and tend to mix with people with whom they have not been quarantining; and E w c a, E U Page 2 of b Y Packet Pg. 30 H.1.b WHEREAS, the local effect of DBPR's order is that people who used to gather at bars ; have shifted to restaurants as the preferred spot for late night congregating without engaging in social distancing; and o 0. WHEREAS, the Board finds it is in the best interest of public health, safety and welfare 0) of the residents and workers of, and visitors to, the Florida Keys to prohibit bars and restaurants from operating during the hours of 11 P.M. until 5 A.M. during the period beginning 11:00 P.M. on July 24, 2020, the Friday before mini-season and concluding at 11:00 P.M. on Wednesday August 19, 2020; and WHEREAS, the Board finds that the inconvenience of an ordinance requiring the late night closures of bars and restaurants during this two-week period is minimal compared to the risk to the health,safety,and welfare of the community were no such rule imposed and is preferable to requesting the FWC cancel or reschedule mini-lobster season; andCD N d WHEREAS, the Board finds implementation of this ordinance is necessary for the N preservation of the health, safety,and welfare of the community; and ti WHEREAS, several other State and local jurisdictions across the country have mandated curfews for restaurants and bars in their response to COVID-19; and m c 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 0 ordinance in conflict with the County ordinance, to the extent of such conflict; and d 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, adopting regulations via ordinance allows for enforcement through a variety u of mechanisms including a quasi-criminal offense under F.S. 125.69(1); civil and administrative remedies under chapter 162, Florida Statutes; and enforcement actions for injunctive and other E 0 relief in circuit court; and "' 0 N WHEREAS,the Florida Legislature has declared that"[s]afeguarding the life and property o of its citizens is an innate responsibility of the governing body of each political subdivision of the z6 state" such as Monroe County and its five municipalities;F.S. 252.38; and U C WHEREAS, F.S. 252.38(3)(a)(5) gives the County the power and authority to waive the c procedures and formalities otherwise required of the political subdivision by law in order to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community; U and d L WHEREAS, F.S. 125.66(3) permits the Board to waive the notice requirement and adopt an ordinance by 4/5'vote in emergency circumstances. W c a, E U Page 3of6 Y Packet Pg. 31 H.1.b NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY ; COMMISSIONERS OF MONROE COUNTY,FLORIDA: 0 L SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. Q The Board further finds that an emergency exists that necessitates dispensing with the notice requirements in F.S. 125,66. 0 SECTION 2. Definitions. The following definitions shall apply in this ordinance. v c (1) A food service establishment is defined to have the same definition as ° provided for in F.S.500.03(1)(r)and/or F.S. 509.013(5)(a),Florida Statutes, (2020),and to include mobile food vendors such as food trucks and carts. x n. (2) A bar is defined as any vendor licensed by the Department of Business and N Professional Regulations (DBPR) to sell alcoholic beverages for consumption on premises. N (3) An operator shall mean any individual or entity that owns a bar and/or food service establishment,or controls the operation of the business, even if only for a period of time, regardless of the formal title or role held by that 0 individual. s� 6 SECTION 3. Mandatory requirements. 0 U (1) During the period when this ordinance is in effect,a bar and/or food service establishment shall close to the public during the hours of 11:00 P.M. and 5.00 A.M. the following morning. c 0 (2) This prohibition does not prevent a bar or food service establishment from having employees on premises during the hours when closed under this 0 ordinance to engage in food preparation, restocking supplies, cleaning the establishment,or maintaining security. o N 0 (3) The operator of the bar and/or food service establishment shall ensure that M every individual in that bar and/or food service establishment complies with o this ordinance. 6 z 0 (4) During the period when this ordinance is in effect, no vendor may sell - alcoholic beverages during the hours of 11 P.M. and 7:00 A.M. the following morning. U C d L 1_ W Y.d 1_ .E. U Page 4 of 6 Y Packet Pg. 32 H.1.b SECTION 4. Penalties and Enforcement. This ordinance may be enforced in the ; following manner: 0 L (1) Quasi-Criminal Offense. s' 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 160'Judicial Circuit. o 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 M offense. N r (2) Civil Citation. °D a. A county or municipal code compliance or state, county, or municipal law enforcement officer may, upon observation of a violation by a person, issue a notice to appear or civil citation to v appear in County Court. b. Any person or business establishment prosecuted under this m subsection and found in violation of this ordinance may be punished by a fine of up to$500.00. Each day a violation of this ordinance occurs is considered a separate offense. U t1i (3) Administrative Notice of Violation a. A county or municipal code compliance officer may, upon discovery of a violation, issue a notice of violation and notice to appear before the Code Compliance board or special magistrate o 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. Each day a violation of this ordinance occurs is o considered a separate offense. N 0 (4) Iniunctive relief. a. The State Attorney of the 16`h Judicial Circuit and/or the County z6 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. a, E w c a, E U Page 5 of 6 Packet Pg. 33 H.1.b (5) Private Right of Action. Any natural person may seek injunctive relief in the Circuit Court for the 10h Judicial Circuit to enforce violations of this section against a violator. Attorney's fees and costs incurred in an action to 0- enforce this ordinance may be awarded to the substantially prevailing party 0. at the discretion of the court. SECTION 5. 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. o z� SECTION 6. Applicability and Conflict. This ordinance is intended to have countywide W application except within a municipality which has adopted an ordinance in conflict this this n=. ordinance pursuant to Article VtH, Section 1 of the Florida Constitution. All County ordinances N or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said d conflict, N r S„ECTj(IN 7. Effective Date. This Ordinance shall take immediate effect upon adoption and ti filing with the Department of State and shall become enforceable at 11:00 P.M. on Friday July 24, 2020. m c SECTION 8. Sunset Date. This ordinance shall sunset at 11:00 P.M.on Wednesday, August 19, 2020. ° 0 U SECTION 9. Codification. Due to the temporary nature of this ordinance, the Board directs the Clerk to send the ordinance to the Municipal Code Corporation for publication on its website but12 with instructions not to codify the ordinance within the Monroe County Code. c 0 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15d' day of July 2020. u Mayor Heather Carruthers Yes 7 Mayor Pro Tem Michelle Coldiron Yes N $ Commissioner Craig Cates Yes J Commissioner David Rice Yes (KEVIN Commissioner Sylvia Murphy Yes _ _ 6 z BOARD OF COUNTY COMM�.SSTON�.S MADOK, Clerk OF MONROE CO NT ORIDA ( ' CD As Deputy Clerk may6r HtWer Carruthers L MAbNROE A w F MI, c a� R.JR. E �pallt A � Page 6 of 6 Packet Pg. 34 H.1.c x n. ORDINANCE NO.022 . 2020 r AN UNCODIFIED ORDINANCE BY THE BOARD OF �- COUNTY COMMISSIONERS OF MONROE COUNTY, N FLORIDA AMENDING ORDINANCE NO. 014-2020 TO MANDATE THAT INDIVIDUALS WEAR A FACE COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES; ESTABLISHING A MINIMUM COUNTY-WIDE m 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 L DATE. c z� 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 •L WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads 0 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 d these droplets usually travel around 6 feet (about two arms lengths); and N 0 N WHEREAS, the CDC advises that a significant portion of individuals with coronavirus lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- 0 symptomatic") can transmit the virus to others before showing symptoms. This means that the Z virus can spread between people interacting in close proximity—for example,speaking,coughing, or sneezing—even if those people are not exhibiting symptoms; and z� 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 c' and help people who may have the virus and do not know it from transmitting it to others; and a, E WHEREAS,the CDC does not recommend wearing cloth face covering for children under o the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise o u„?hh-to remove the mask without assistance; and C' N N 0 WHEREAS, the CDC recommends only simple cloth face coverings for the general z6 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 c Z L O Y.d E .E. Page 1 of 8 Y Packet Pg. 36 H.1.c x n. 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 N r ti WHEREAS, the Board finds it is in the best interest of public health, safety and welfare v 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 CDVID-19; and m 2 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 z� z� WHEREAS, Section 1(f)of Article VUI 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 o' U WHEREAS,the State of Florida has not preempted local governments from regulating in 42 the field of minimum health requirements with respect to CDVID-19; and Cr d L WHEREAS, the County's Emergency Management Director has issued interim rules o 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 CD F.S. 252.50; and z6 WHEREAS, adopting regulations via ordinance would permit additional enforcement options through code compliance and injunctive relief; and c z� L WHEREAS, 28 C.F.R. 36.208, the implementing regulations for the Americans with 0 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 E the health or safety of others; and customers with disabilities who may be unable, due to their N disability, to wear a face mask may access the goods and services of the businesses through the N provisions of curbside service or home delivery; and N 0 WHEREAS, the Third District Court of Appeal has defined the term business z° 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 Z L O Y.d E .E. Page 2 of 8 Y Packet Pg. 36 H.1.c x n. 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 u held out to the public as a place regularly rented to guests." See, F.S. 509.013(4)(a)1; and v 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 m that term was defined in the ordinance until the ordinance sunsets, and c 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 L 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 Cr WHEREAS,the Florida Legislature has stated that "[slafeguarding the life and property d of its citizens is an innate responsibility of the governing body of each political subdivision of the o state"such as Monroe County and its five municipalities; F.S. 252.38; r 0 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY Z COMMISSIONERS OF MONROE COUNTY, FLORIDA: Ordinance No. 014-2020 is hereby amended as follows: z� 0 (Added language is underlined; deleted language is stricken through.) z� SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. W 0 N SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as N follows: N N 0 (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. c a� E Page 3 of 8 Y Packet Pg. 37 H.1.c x n. (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 o locations where non-profit, governmental, and quasi-governmental entities N 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 m their own protocols. °' c (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. •L (5) Social Distancing. "Social distancing" shall mean keeping space between o yourself and other persons by staying a minimum of six (6) feet away from another person. Cr d L SECTION 3. Recommended standards of conduct. N 0 (1) Vulnerable Populations. Individuals older than 65 years of age and individuals with a serious underlying medical condition (such as chronic o lung disease,moderate-to-severe asthma,serious heart conditions,immune- z6 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 L 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 W accordingly. N 0 N cv N SECTION 4. Mandatory requirements. o 6 (1) Every person over the age of six (6) who is away from his or her residence z shall wear a face covering when closer than 6 feet to another person with whom he or she does not reside. c Z E. (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. E Page 4of8 Packet Pg. 38 H.1.c x n. (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. N uO r r• (4) Each operator of a business establishment must close that establishment to v the public for at least 3 days if the operator or an employee of the establishment tests positive for COV1D-19. Before reopening,the operator m must disinfect the premises of the business establishment according to a' 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 COV1D-19. The closure provision does not apply to essential businesses as defined by U Executive Order 20-91,as amended. z� z� (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. 0 (6) The requirements of this section do not apply to: U a. Restaurant customers or patrons while dining and/or consuming Cr beverages while seated at a table b. A gym patron engaged in a workout or class where at least 6 feet N of distancing exists with the next closest patron. N c. Barbershop or beauty salon customers or patrons when wearing a face covering would reasonably interfere with receiving o services. z 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 z� 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 E are present in the kitchen or other food and beverage o preparation area of a restaurant or food establishment. N e. Bar patrons while consuming beverages and/or food. N f. A lodging establishment guest when inside of the lodging unit o including but not limited to a hotel room, motel room, vacation z6 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 Z in social distancing. c a, E Page S of 8 Y Packet Pg. 39 H.1.c x n. (7) An operator and/or employee of a business or lodging establishment shall CD ensure that every individual in that establishment complies with this section. 0 (8} When a customer of a business establishment asserts that he or she has a N LO disability that prevents the individual from wearing a mask or facial covering, the operator or employee of the business establishment may v 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 m wearing a facial covering, even if asymptomatic, and shall accommodate a 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. •L U CD SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the z� following manner: (1) Quasi-Criminal Offense. A. Any state, county. or municipal law enforcement officer may L arrest or issue a notice to g2gar for any knowing and intentional > 0 violations committed in his or her presence or through 0 procurement of an arrest warrant. Violations shall be prosecuted 42 by the State Attorney of the 16"Judicial Circuit. Cr b. A pgrson found in violation ma be punished by gp to 60 days d CD in the County Jail and/or a fine of up to $500. Each day a N CD violation of this ordinance occurs is considered a Mar offense. o 6 (2) Civil Citation. a• A county or municipal code compliance or county, municipal, or state law enforcement officer may, upon observation of a c violation by a person who does not immediately put on a face covering after receiving a warning, issue a notice to appear or 0, 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 E punished by a fine of up to$500.00. N 0 N (3) Administrative Notice of Violation. N a. A county or municipal code compliance officer may, upon ei discovery of a violation by a person who does not immediately Z 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. 2. L O Y.d E .E. Page 6 of 8 Y Packet Pg.40 H.1.c x n. b. Any person or business establishment found in violation of this ordinance may be fined pursuant to part I of Chapter 162,Florida Statutes, 0 N LO (4) Injunctive relief. a. The State Attorney of the 16d'Judicial Circuit and/or the County v Attorney may file an action for injunctive relief in Circuit Court seeking to enjoin violations that occur throughout the County, m except for violations that occur in a municipality that has a adopted an ordinance in conflict with this ordinance. c 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. L U (5) Private Right of Action. Any natural person may seek injunctive relief in the Circuit Court for the 161 Judicial Circuit to enforce zs violations of this section against a violator. Attorney's fees and M costs incurred in an action to enforce this ordinance may be awarded (1i, to the substantially prevailing party at the discretion of the court. L (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 Cr patron if that owner, manager,and/or employee directed that guest, d customer, and/or patron who refuses to wear a face covering to 0 vacate the premises or face prosecution of trespass. N r 0 SECTION 6. SeverabRity. If any section, subsection, sentence, clause, or provision of this z6 ordinance is held by a court of competent jurisdiction to be invalid,the remainder of this ordinance z shall not be affected by such invalidity. c 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 VHL Section I 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. W 0 N 0 mcECTIUN 8. Effective Date. This Ordinance shall take immediate effect upon adoption and N N shall be filed with the Department of State. o 6 SECTION 9. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this z ordinance shall sunset on June 1,2021,subject to quarterly review. c Z E. O Y.d E .E. Page 7 of 8 Y Packet Pg.41 H.1.c x n. 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. N LO PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15d'day of July 2020. v v 0 m Mayor Heather Carruthers Yes a Mayor Pro Tem Michelle Coldiron Yes Commissioner Craig Cates Yes Commissioner David Rice Yes = Commissioner Sylvia Murphy Yes U f BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA �i c L By: By: As Deputy Clerk Mayor Heather Carruthers Cr d L N N wy L 6 z C U rJ � tli O 0 Z3 C Q1 E W O MONROE A N 0 N -- - - -- cv N ROVERMJR. ei 0 G o DM z U C tli C L 0 Fd E .E. Page 8 of 8 Y Packet Pg.42 H.1.c KEfl KE rMYVWEST aI tt,� ,r ikw a ra d tree au vie'ln�t maul trat The Florida Keys Only,Daily Ajewspaper,Est. 1878 kalf o po Box 1800,ley West FL 33041 01*onto P:(3 )292 7777 ext 219 R f3e3d 295-8025 �bf�ar;llzrok, � r d rarkeysiftews. rri >that,a�a to both, au o u aruda and Fw4e nda�a IN et, heuro pro mw pu'tedm enter y9 In MON COO l /BOCC email a s,and e to i it THE HISTORIC GATO BUILDING Itausy� atseltr ir�t tN� ti Lj 1 �lrtiarataYrwaraltia KEY WEST 33040 " -thy r 0100 rru9 00 $ha tnae:turtil7 tnwrnrotor t w lil V N cccttllt 141 Ticket; 48I 1AO1�Po �yll` ; t � grove�tm; ywusp � -- the a�r' Musfeu9�btit's nurrte �f � F1 _ PUBLISHER'S AFFIDAVIT Hai 1 t CL STATE OF FLORIDA �Mor n m�y�a gut Wilma, (a L1 T Pl COUNTY %r a _ NOTICE r HEf3NlYwrlfEN To WHotu1 rr , uar� a a , L NAB"CONCERN that an July 15,20211 at v 130 P ,or as soon thereafter as may The rw Before the undersigned authority personally appeared be heard,the Board of County Commis- quest t yr y nu�il � ���� � stoners Mon" auo F r y it , 1I � r 1 hs4N ao u)O who on oath says that he or ells is low ri �u�? n ?+ �" M nom of the Key West citizen,a daily news- AN, paper pubfli6d in ley West in Monroe county,Florida;that the attached copy cot � � I '����K'�'f, ���� �o � �u u�nt ��w�n� ��I � � CD fs fit; D, ��C' t a-0 tuaallgrwaurt 'da > of ad�vertisment,being a legal notice in the matter of ORDINANCE NO,014 � Ay � a t eta f � nNfn O E JRI was published in said newspaper in the issues of: h ,� yb "Nb nr t r �i e , rione r Monty,fhtida Vvltl it hr, tu4t a fa Il It a `r tog, f , Iu s,ttoe Plaw r f s t4z 'art w ,Jul Wednesday, 1,2020 To ler�Iuw �ramt� r rl� �� y y DIM 5E �ke, r 1 ,96n G! TIVE ��h r error odes tt� i Affiant further s that the Key West Citizen is a newspaper published in g 80 '8 of aid eyld��'u ��� N y y P y Purse , C � I*��a p1 �� lay � Vest,in said Monroe county, Florida and that the said newspapers has hereto- feat + t � tp fore been continuouslypublished in said Monroe Coup Florida everyday,and try tVOti"N�1W � 1F C p � C1 Pf cv lo has been entered as periodicals matter at the post office in Key West,in said �� ''f t t�l � ' ta ` � �+iNIt7 � �s � � p y �nts T �` N" �N� Monroe County,Florida,for a period of 1 year next preceding the first publication vial " " tl 1d`K `a'ra Irr;thl prms�P �sr to Co r � , ` I�Nyt , tnttYt� l of the attached Dopy of advertisement,and affiant further says that he or aria has virtrsm , otl#'' K 'ttt �Nfftlo'Nolf4 :fpslrosr�uln Nl ,97 : Z neither paid nor promised any person,firm or corporation any discount,rebate, via C fyy !�4 P TM II ffrf- erurf rrr w °r O commission or refund for the purpose of securing this advertisement for public® (-CM' E p t rt B fE r th ru llenr% v a v form'' tf aeN _ tiort in the said newspaper. PrsPudt cu czar y Nros % dPd eu od �InNnq�€tpayarol ,y c The tN2 29yI,13arw1°dlrraCuu (Signature of of Aiant} t!s IV Carer.dt dose C rl t e rarott rf Ctsaa 1,111111, 'Cr O tan to rraV. ur4 Uiduhas tyblkthted, se 1,is diallnr to r�r aun s r the ylo t rlri =sd before me this€Nth day of July 2020 43 f vuruus ttwis uuuarn Ilia l�aa a , 5tw lNerla thk 11ebYn 9a vmutk nu tin a ( wrral 'd#j f#4 A _ bye t CTi ink a 7cC a roptu rn�N�dw+ � Ftada i r0 (No blic nature � t truhivo C�rt� y a pcutal Grua btNm a e n 07,01*0 K CitizenN w�wssuuaru:t we it' 0 In n enleP',,11 w �* 'S, 4wrkaN 7 ttls- N « the" ty'' 4Wr�lrwrtt� &` tNftf B tl N�S711- � otary Puy-IC Printed Name) {N l live cla taws to aw�rtr I lftrtrn tllgwt tram by Board of Country Case N „. gage tl dl�lln� N ,, 1 5 019r dsyl v o 6acku 33 at+d, rhwad raAt ,an +a My commission expires ua61n4r tea 9 7yrraNE ttllaw*red Key Fltrlda,this 24t p by the lI key e,2020. Z r�imrobsww KEVIN MAI OK„ Clerk of Court and as lcia Clerk of yr the > y Yuitrog rive minty' n eetu at County Curawwulssiriners of C Pe nally Known Produced Identification, � nrt�p, � item ycu � f arr�selattrra ount Florida td OM T of Identification Produced ^ art tuva luanrueu trt�v wv"rt ev Est Citizen Type al A late rldsed wapti�tur�yy ,asi 1n�a�ualed' � y�a4a that lnriuwts rhea aerba wnda O l utkr pw, ; . co cl l ai bl weom tN�a hnt hest arum E ar the fw�a�er galls fnr sPa�ors on theth v tus items ytuu vtlsh t�cumrorment cg et en ouuress and name to join B the webinar and then select the 'Raised Harrod'feature that ap- Packet Pg. 43 H.1.c x a WNE—EKL RECEIVED i ti� j}t�r}i tip r ip N Published Weekly � '� 0i0 Marathon,Monroe County,Florida VpC1" [fiwlSi'r`, A ur<RN@'-PROOF OF PUBLICA-110, t iris�lbi r l` �I M0,5/5 It1f - , 4jr, i t(i} �� �7ii t rI I @;thi>>rl�i� STATE OF FLORIDA � ,, ? COUNTY OF ONROb Before the undersigned authority personally appeared JAS N KOLER who �,1i s,��i, �,„ � �; � U a on oath, says that he is PUBLISHER of the WEEKLY NEWSPAPERS, a weeklyi o , ' i4 � newspaper published in Marathon, in ;1rr �� '`i4�I z...3��� Monroe County, Florida. that the � t}ti attached copy of advertisement was �� s S ;r ,, +1i1 , Published In said newspaper in this M issues of,(date(s)of publications �r �` � >s`r�`�' '��0t` j vi CD O Aflfiant further says that the said WEEKLY NEWSPAPERS is a newspaper published at Marathon, in said Monroe County, Florida,and that the said newspaper has it t �14)�ft�i t 1 y r t i s Sse�l ° r N heretofore been continuous) published , �� 15tit�1 o kstir S � ti��hiisl N in said Monroe County, Florida, once � � �httri,�r}tt„�i„ . ��, k4� t each week (on Thursday) and has been itllt� i�1, ,s`, qualified'as a second class mail matter at � �` f'� " ' t' O the Post office In Marathon, In Monroe z County,Florida,for a period of one year O next Preceding the first ,publication of the attached copy of advertisement,The cant further says that he has neither paid nor promised any Person, firm, or ' a l a`''1; ?�„ O corporation any discount, rebate ' k r commission or refund for the purpose of securin this advertisement for g } r E publication in the said newspapers)and that The Weekly-N I �i c o n Ilfa`anc with-, Ch ter so of the N Flo Legal and 04 Qfficlal Advertisements . i si 6 Sw t and bs nbeci before me ., r ih d of 2 020. ' L L O E Notary v 5 d=Fr PATRICIA ANNE CHIL RE3S cC ,t4utaty PublIC• tOle of Fronds Q ■2 C MM1 aiaan a GG 30 4 66 MY Corrtmission Expires Packet Pg. 44 f a , v r J u A , i pp i I S k - '4���i �f { t� £ � "f � ) _1; f f1 f4} F=#� }r� h�• .�. d (L N 9{ ! £sf t ( t f �£ r f u}'��,} £ is f t! !}> 1t( '!f 1kt fi ' £}'} f f £! s !} !a i t f�rf i ,. Yls it '�f }\ i;i!,Sf f t} f 1�)��Srr } }' £ f f LA > m tll £} £! ` !a£ i d SL m CD > cr 'amt f t7f!tr J t!r 7i f} r t } � t��l O £ N 04 Z - a b; Ir.. �t4 { I t i`f : l Pie r N " N N C3 O Z G1 V C C i C 41 t v B Packet Pg. 46 H.1.d ORDINANCE NO. 014-2020 AN UNCODIFIED ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, y FLORIDA TO MANDATE THAT INDIVIDUALS WEAR A FACE COVERING IN PUBLIC IN CERTAIN E CIRCUMSTANCES; ESTABLISHING A MINIMUM COUNTYWIDE REQUIREMENT, EXCEPT TO THE EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT; CL PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT a HEREWITH; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE AND PROVIDING FOR AN v EFFECTIVE AND SUNSET DATE. c 0 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 a 0 WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads N 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 v 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 m r WHEREAS, the CDC advises that a significant portion of individuals with coronavirus a lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- p 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 0 v WHEREAS, the CDC recommends wearing cloth face coverings in public settings where v other social distancing measures are difficult to maintain in order to slow the spread of the virus Z and help people who may have the virus and do not know it from transmitting it to others; and CD WHEREAS,the CDC does not recommend wearing cloth face covering for children under N the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise r unable to remove the mask without assistance; and z 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 are relatively inexpensive and readily available as the CDC states they can be made from household items and provides online guidance for making "do- 4) it-yourself'coverings for people that cannot or do not want to buy one from the increasing sources producing and selling coverings; and Page 1 of G Packet Pg. 47 H.1.d 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 COV1D 19;and 3 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 0 WHEREAS, the Board finds implementation of this ordinance is necessary for the CL L. preservation of the health,safety,and welfare of the community; and a) a WHEREAS,Section 1(f) of Article VHI of the Florida Constitution vests the Board with the authority to enact ordinances having countywide effect that are not inconsistent with state law, v 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 a WHEREAS,the State of Florida has not preempted local governments from regulating in = the field of minimum health requirements with respect to COVID19;and a. CO N 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 v F.S. 252.50; and m WHEREAS, adopting regulations via ordinance would permit additional enforcement a options through code compliance and injunctive relief; and U WHEREAS, 28 C.F.R. 36.208, the implementing regulations for the Americans with a, Disabilities Act states that the ADA does not require a public accommodation to permit an S individual to participate in or benefit from the goods, services, facilities, privileges, advantages o and accommodations of that public accommodation when that individual poses a direct threat to v 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 a provisions of curbside service or home delivery; and 0 N 0 WHEREAS, the Third District Court of Appeal has defined the term business 14 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 Z c WHEREAS, the Florida Legislature has defined the term "transient public lodging c 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 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; E s Page 2 of 6 Packet Pg. 48 H.1.d NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: L SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. E SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as follows: 2 O L. (1) Face Covering. A "face covering" is a material that covers the nose and a) mouth. It can he secured to the head with ties or straps or simply wrapped a around the lower face. It can be made of a variety of materials, such as cotton, sill`, or linen. A cloth face covering may he factory-made or sewn v by hand, or can be improvised from household items. 0 (2) Business establishment. A"business establishment"means a location with a a roof overhead under which any business is conducted,goods are made or stored or processed or where services are rendered. The term "business a 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 18. c� v O (3) Lodging establishment. A "lodging establishment" shall have the same °0 meaning as the term "transient public lodging establishment" has in F.S. 509.013(4)(a)l (2019). A lodging establishment is a specific type of a business establishment. p v SECTION 3. Recommended standards of conduct. _ .L 0 0 (1) Every person over the age of six (6)who is away from his or her residence v should wear a face covering when closer than 6 feet to another person with whom he or she does not reside. a a� CD L (2) Every person over the age of six(6)who is away from his or her residence 10 should carry a face covering capable of immediate use. r 0 (3) Each owner or manager should establish rules for that business z6 establishment that encourage social distancing, hand washing, and other CD protective measures for customers and employees based upon guidelines provided by the Centers of Disease Control and the State Department of Health. O c 0 E s Q Page 3 of 6 Packet Pg. 49 H.1.d (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 2 exposure risk that they could carry the virus back home after returning to L work or other environments where distancing is not practiced. Vulnerable a) populations should affirmatively inform their employer that they are a a member of a vulnerable population so that their employer can plan accordingly. v c 0 SECTION 4. Mandatory requirements. a (1) An owner, manager, employee, customer or patron of a business = establishment must wear a face covering while in that business a establishment. CO r (2) The requirements of this section do not apply to: v v a. Restaurant customers or patrons while dining and/or consuming m beverages while seated at a table a, b. A gym patron engaged in a workout or class where at least 6 feet a of distancing exists with the next closest patron. > c. Barbershop or beauty salon customers or patrons when wearing v a face covering would reasonably interfere with receiving a, Services. C .L d. Business owners, managers, and employees who are in an area o 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 does not apply to a employees who are present in the kitchen or other food andCD beverage preparation area of a restaurant or food 04 10 establishment When an owner, manager, or employee is in 14 their place of employment but not within six feet of another o person,that owner,manager,or employee does not need to wear a mask. Z a� e. Bar patrons while consuming beverages and/or food. f. A lodging establishment guest when inside of the lodging unit c including but not limited to a hotel room, motel room, vacation a rental unit, timeshare unit, or similar unit. c (3) The owner, operator, manager, and employee of a business or E lodging establishment shall ensure that every individual in that establishment complies with this section. Page 4 of 6 Packet Pg. 50 H.1.d (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 3 exclude the individual,even if they have a disability,as they pose a direct threat to the health and safety of employees and other E 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 0. that business's employees and other customers, such as providing rL curb service or delivery or other reasonable accommodation. a) a SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the following manner, 0 (1) Civil Citation. a a. A code compliance or law enforcement officer may, upon = observation of a violation by a person who does not immediately a. put on a face covering after receiving a warning, issue a notice CO 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 v punished by a fine of up to$500.00. m w (2) Administrative Notice of Violation a a. A county or municipal code compliance officer may, upon discovery of a violation by a person who does not immediately v put on a face covering after receiving a warning, issue a notice a, of violation and notice to appear before the code compliance S board or special magistrate of that officer's jurisdiction. o b. Any person or business establishment found in violation of this ordinance may be fined pursuant to part I of chapter 162,Florida Statutes. a a� CD L (3) Injunctive relief. 04 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 Z CD conflict with this ordinance. c b. The City or Village Attorney for a municipality may file an action for c injunctive relief in Circuit Court seeking to enjoin violations that occur with that municipality. c 0 E s Page 5 of 6 Packet Pg. 51 H.1.d (4) 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 3 enforce this ordinance may be awarded to the substantially prevailing party at the discretion of the court. E (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 0. violations of a guest,customer,and/or patron if that owner,manager,and/or C. employee directed that guest, customer, and/or patron who refuses to wear a) a face covering to vacate the premises or face prosecution of trespass. a 0 U SECTION b. 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. a SECTION 7. Applicability and Conflict. This ordinance is intended to have countywide a application except within a municipality which has adopted an ordinance in conflict this this 0 ordinance pursuant to Article VIII, Section 1 of the Florida Constitution. All County ordinances N or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. c� v 0 SECTION 8. Effective Date. This Ordinance shall take immediate effect upon adoption and °0 shall be filed with the Department of State. a SECTION 9. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this ordinance shall sunset on dune 1, 2021, subject to quarterly review. �? c 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 o instructions to not codify the ordinance within the Monroe County Code. v PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, a Florida, at a regular meeting of said Board held on the 171h day of June 2020. 0 N Mayor Heather Carruthers Yes Mayor Pro Tem Michelle Coldiron Yes Commissioner Craig Cates Yes F Commissioner David Rice Yes -� z Commissioner Sylvia Murphy Yes O0 CDr. �+ (SEAL) BOARD OF COUNTY CO ISSIOPgf3 g a Attest: KEVIN MADOK, Clerk OF MONROE C RIDA;. - 0 J By: By: s As Deputy Clerk N14or HWer Carruthers MOWOE COUFfI'Y A NEY Q APPRCMmITO . Page 6 of 6 ��rR,JR. �2rA 0 Packet Pg. 52 COL%r� Kevin Madok, CRA . Clerk of the Circuit Court& Comptroller—Monroe County, Florida L June 18,2020 0 E a� Department of State Administrative Code& Register 0 L. 500 S Bronough Street CL Tallahassee FL 32399-0250 a) r ra To Whom It May Concern, > O U Attached is an electronic copy of Ordinance No. 014-2020 an uneodified Ordinance by the Board i 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 a extent of a municipal ordinance in conflict; providing for severabiiity; providing for repeal of all = ordinances inconsistent herewith; providing for transmittal to the secretary of state and providing for an El effective and sunset date. Co cm r This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular W meeting, held in formal session,on June 17, 2020. Should you have any questions please feel free to v contact me at(305) 292-3550. m Respectfully Submitted, a Kevin Madok,CPA,Clerk of O U the Circuit Court& Comptroller& 0) ex-officio to the Monroe County S .L Board of County Commissioners y 0 v by:Pamela G. Hancock, D.C. v a a� L N N CD 0 Z CC' Emergency Management c County Attorney = MunicCode BOCC O File c 0 E s Q KEY WEST MARATHON PLANTATION KEY PKIROTH 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 305-294-4541 305-289-6027 305-852-7145 305 Packet Pg. 53 i FLORJDA DEPARTMENT 0 STATE i RON DESANTIS LAUREL M. LEE w Governor Secretary of State £ a� a� 0 I- ri w r June 18, 2020 ra O v c 0 Honorable Kevin Madok a Clerk of the Circuit Court x Monroe County a 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock cvi O m Dear Mr. Madok: r a_ Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your > O electronic copy of Monroe County Ordinance No. 014-2020, which was filed in this office on June 18, �? 2020. .S 0 Sincerely, 0 d v a a� L N Ernest L. Reddick N Program Administrator 0 ELR/lb z a� c O c 0 E s R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 .Packet Pg. 54 H.1.d Pamela G. Hancock From: Ords Admin <ords@municode.com> Sent: Friday, June 19, 2020 6:38 AM To: Pamela G. Hancock L Subject: RE: Monroe County, FL Code of Ordinances - 2008(14298) OrdBank E Follow Up Flag: Follow up y Flag Status: Flagged 0 L. ri w We have received your file. a Thank you and have a nice day. O v Ords Administrator 0 0 ords@municode.com 1-800-262-2633 a P.O. Box 2235 a Tallahassee, FL 32316 0 N 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. tO U V O Si m From: Pamela G. Hancock<phancock@monroe-clerk.com> Sent:Thursday,June 18, 2020 2:04 PM a To: State of Florida <County0rdinances@dos.myflorida.com> O Cc:Amanda Leggett<leggett-amanda@monroecounty-fl.gov>; Carol Schreck<boccdis3@monroecounty-fl.gov>; Katie Atkins<Atkins-Katherine@monroecounty-fl.gov>; Lindsey Ballard <Ballard-Lindsey@monroecounty-fl.gov>; Ords Admin = .L <ords@municode.com>; Susie Ptomey<boccdis5@monroecounty-fl.gov>;Tamara Lamarche (boccdis4@monroecounty- y fl.gov) <boccdis4@monroecounty-fl.gov>; 'Luttazi-alary@monroecounty-fl.gov' <Luttazi-alary@monroecounty-fl.gov>; c°' Weiner-Shannon <Weiner-Shannon@ Mon roeCounty-FL.Gov>; Kathy Peters (Peters-Katherine@monroecounty-fl.gov) v <Peters-Katherine@monroecounty-fl.gov>;Yongue-Liz<Yongue-Liz@MonroeCounty-FL.Gov> Z a Subject: Ordinance No. 014-2020 0 N Sender Full Name: Pamela G. Hancock N Sender Phone Number: (305) 292-3550 `t 0 County Name: Monroe Ordinance Number: 2020-014 Z a� c O ' i Pamela G. Hancock E Deputy Clerk Kevin Madok, CPA *_ Clerk of the Circuit Court& Comptroller Q "" ;' 500 Whitehead St Key West, FL, 33040 i Packet Pg. 55 H.1.d KEY WEST JEN The Florida Keys Only Daily Newspaper, Est 187 PO Box 1800 Key West FL 33041 P`p05)292.7777 exf.2f 9 F.(306)298®8025 y legais@keys,news.com ®1 3 rn MONROE CO ADMIN1BCCC 11..��� 9 ��� �, THE HISTORIC CATC BUILDING E 1100 SIMONTON ST SUITE - 0 KEY WEST EL 3304 , r.i: i=i i; 0 L. Account; 143331 Ticket: 346295 CL an r PUBLISHER'S AFFIDAVIT a STATE OF FLORIDA AMENDED NOTICE OF INTENTION TO that appears at the bottom of O COUNTY OF IVIONRtJE CONSIDER ADOPTION OF COUNTY the Zoom webinar screen to be U ORDINANCE recognized by the meeting mon• � for, NOTICE IS HEREBY GIVEN TO WHOM IT O Be re th t ndersi ed authority personally appeared MAY CONCERN that on June17,2020at The meting monhordhost will re- 1:30 PM.,or as soon thereafter as may quest the item 4 you wish to speak on � be heard,the Board of County Commis- and enable our participation when -a Who on oath says that he or she is sioners of Monroe County, Florida, in- the Mayor calls for public speakers on a tends to consider the adoption of the yyour item.To report problems with the = following County ordinance: rualdcmt,please call(305)872-8831. a, _ of the Key West Citizen, a daily newts- AN ORDINANCE BY THE BOARD OF A person may submit written or other o paper published in ey West, nice aunty, Flonda'that the attached copy COUNTY COMMISSIONERS OF MON- physical evidence on a particular agen_ tV ROE COUNTY, FLORIDA MANDATING da item for consideration at the BOCC I..of advert sment,being a leg otice in the matter of AMENDED NOTICE OF THAT INDIVIDUALS WEAR A FACE COV- meeting to Lindsey Ballard via email to: INTENTION Was published in said newspaper in the issues of: ERING IN PUBLIC IN CERTAIN CIRCUMI I r ` t0 STANCES, ESTABLISHING A MINIMUM or by mall to;The County AdrninisCra- U COUNTY-WIDE REQUIREMENT EXCEPT Ior's Office,1100 Simonton Street,Key V Friday, tune 12, Lit TO THE EXTENT OF A MUNICIPAL OR. West,FL 33040. The documents must O DINANCE IN CONFLICT;PROVIDING FOR be received by 3:00 p.m.on Monday, 00 SEVERABILrrY,PROVIDING FOR EFFEC- June 15,2020 and must include the sub- TIVE AND SUNSET DATES. mitter's name,address,phone dumber 4m ffiant further saysthat the Key West Citizen is a newspaper published in Key and email address and the agenda item Ti y Pursuant to Executive Order Edo, 19- number the documents are regarding. in Vilest in said Monroe County, Florida and that the said newspapers has hereto- 69(extended by Executive Orders No. Pursuant to Section 286,0105, Florida y tare been continuously published in said Monroe County, Florida every day, and 20-112 and 20-139), Monroe County Statutes,notice is given that if a person O Emergency Directive 20-06, and the decides to appeal any decision made by U has been entered as periodicals matter at the post office In Key West, in said Center for Disease Control("CDC) so- the Board with respect to any matter Monroe County, Florida, for a period of t year next preceding the first publication cial dstancing guidelines established considered at such hearings or meet- a' to contain the spread of the COVID 19 ings,he will need a record of the pro- C of the attached copy of advertisement;and affiant further says that he or she has virus, this meeting will be conducted ceedings, and that, for such purpose, i neither paid nor promised any person,firm or corporation any discount,rebate, via Communication Media Technology he may need to ensure that a verba. commission or refund for the purpose of securing this advertisement for publica- ("'CMT")using a zoom Webinar plat. tim record of the pproceedings is made, o form @ llwww monroecounty fI which record includes the testimony 0 tion in the said news er, clQyBMiygCJincrJune17. and evidence upon which the appeal is to be based. v The public is strongly encouraged to ,_ watch the meeting on Monroe Conn- ADA ASSISTANCE:1f yyoou are a person a i nature of Affiant to MCTV Comcast Channel 76 or lis- with a disability wlro creeds special a ten to audio only from their phone by accommodations in order to partid- s- dialing (646) 518-9805 or ( 69) 9I pate in this proceeding,please contact CD and !bed before me this 1 th day of June 2020 6833 and,when prompted„enter the the County Administrator's Office, by N _._ -_ Webinar IDN 976 4888 7338 followed phoning 005}292- 41, between the 7J,# by the 8 key. hours of 8:30 a,rn -5:00 p.rn.,prior to CV rrasririaan w ,.h h the scheduled rrveetrng if you are hear- r + 4 t1E,g IE y 9 ty, n• ng or voice rrrrpalretf cal "TT Y Live p " f o b 1 not ti; b vision t e Coun s meeting Closed Captioning is available via our portal @ htto llrnonroecostrity l iom2 web portal hftii llm4nrrierountva 0 LmlCitizensfDefault,as>rirand selectin ti.aira2.crar LQt1,ZgR)s Defau1t.dW for Z the"Watch Live"banner to view wrt meetings of the Monroe County Board CD (Notary Plabl' Printed Name) (Notary live closed captioning on an integrated of County Commissioners. c page that includes t9e agendalagenda tg #IrttIrtls` backup. oaten , Key West,Florida,this 8th day = My commission expires of sane,2fiJ7®. — n m KEVIN MADOK, Clerk ssf' ocular item rsriths=oubllc coition o the the Circuit Court and ex officlo Clerk of O agendaCD when the meetin host and the Board of County Commissioners of .. Personally Known Produced Identification or the Mayor calls for speakers on the Monroe County,Florida � hero you wish to comment on; 06J12120 KeV West Citizen Cr Type of Identification Produced � a) in -In-In: dial *9 to "raise v oft Cn your hand"to be recognized by a the Zoom webinar monitor b) q WAUhino the meeting-g tirt- Q JiM click ordopen the live Zoom CD vvebinar link rwm mon- r n -f , M ingJunel7 that appears in Troth the published Agenda and Agen- da Packet. When prompted,en- ter your email address and name to join the webinar and there se, Packet P9. 56 lest the "Raised Hand" feature if=to , Canter f6r Disease urroi('CDC) so-cial distancing gud'defirl Woblishecil to Contain the„r read of the CO Ib-19 virus„ thit meet�r q Will be boducted ' I via Communication Media Technology ' I"CMT") using a 7utom WV eurrar plat- I formYvuw rnr�mraexarirru ff G1 The,p ubfic Is str0o ly-entodrra ed to 3 Wall the errealling on EfAtr a Comrm= y to MCW Comcast Charmal 76 or Idsm ' cC ten to audio misty from their phone by a1 dialing ( 6) 510-005 rrr I gi goo- E 6,933 and,when p mp' ,,either the y Vftiebinar IDA 976 ddRR 73 followed > by the 4 key. Tip i r�lr the � o line by visiting the t e County's meeting L. perraf httla;iJlslr rrraacerur,rt Ali°ag, CL 4_n ar d seNertI the'Wtiateh Live"banner to views uvlt � live closed captionin; on an dntugrated G gage that Includes t o argenda"agenda ackup. O 'dad t tin Tomment on a par. U r n ep.lhIkp rf when the rmeetim host andl � or the Mayor calls for spec ert on the C O item you rwish to cor�ament or1;I +, ai,o 1 la9 *g to "`raho your rin" be r p utia by the zoomwebrnar Mon for = bi it watchino the maitfinla I click Well the live locum vAlebinar dirnk' ," Q o a r t� N "M �t pt,appears``]n bdtla the pubrls ed A gendaand A13err da Rackets When prormpted,ea- ter your email address imd name U to jmn the weibNmar and therr se- U lect the 'Raped llama"iiifeature O that appears at th9 bditorrt of 00 the Zoom rvebiner s6v#n'16 be rn recognized by the rneeting mourn 0) Nor. j d The meeting rmonito0host sell re- I,, y quest The kern II you%vish to speak on O and enable your p�artidpailon when U the Mayor calls for public speakers rrr our item.To report reblemmrs with the 09 roadcast,please cM(305)872- n � .L A person may submit written or tither > physical ei dence ptr a particular agen- O da item for consideration at the ROCC v rneetirugTtr Lindsey Be,Mard via email to y baflardalirntdsevrrrorrroeccrtantrro� � ar by mall to.The County AdmInIstra- for's Office,1100 Simomtbn Street,Key a Meat,Ft 33040, The documents must Gt be rerery d by 3.(l p,m,on Monday, '- June 15,AUZR arrd midst inrtudpthe sub- c mitter's name,address,phone number o ,.., and Ruil address and the agenda Item N number the documents arer arding. ° � otice Pursuant to Section 86,010 Florida Statutes rnodce 6 9 Ivan that I a person o decides to appeal any decision made by AMENDED NOTICE OF INTENTION TO the Board wdh roll to any matter O CONSIDER ADOPTION OF COUNTY considered at such hearings or ¢meet- Z ORDINANCE legs,he with need a rerortl tar tNte pro G) coedings, and that for such puripose, C NOTICE d5 HEREBY GIVEN TO WHOM IT he may need to ensure that a verba- MAY CONCERN that on June 17,2020 at ;tiny record,of the r6ceetflogs is made, C 1:30 r. ,,Or as soon thereafter as may which recprd'In',Was;the tdsturmomy be heard,the Hoard of County Commis. and evidence upnn Which the appeal is � stoners of Monroe County, Florida, in, to be based, O tends,to consider the adoption of the tollm rig unty ordrnanceo ;RtDA.ASsisT`ANcE,if on are a person C �vlth a disability us b pal 0odal ' d AN OR;DINAK1, THE BOARD OF atcorrarrbi oms at girder top6l E PbFRTY,tDOM WINSSIONERS OF Moll, pate In this prott"edlrtt�r please contact s ROE,Cr rIAtTY FNta IN7A MANDATING the Cnornty Acirrairristratrrr� r5frarca by V TIfA1 4NEIl 1DtlA h 1EARA FACE COtr. phoning 005y 0x f,between the es ERING IN AURIdIC IIN CERTAIN CIRCUM, hours of 8.3p am, S01 p. heart m.,,prior-to Q STANCE'S;'ESTAHI.ISHING A MINIMUM the scheduled rrreetraarfi;r u are COUNT-VIRPE REQUIRE NIONT,EXCEPT i 09 or voice imn�air rat 71Vm tip To THE EXTENT F IMU ICIi11%OR. Closed Caption n is available vim our DIINANCE IN CO NFUCTr PROVIDIN4 FUR web portal N sP �rtr� SEVFR.ARIUTY,,PROVIDING FOR EFFEC= it r a r�emst a or TIVE AND SUNSET DATES. Pursuant to Executive Order fWm, 2rJw i 69 fextend'ed day EXecutavve Omer,N'o. ,, . 20-112 and ytawl3frl'" Munroe Counts Packet Pg. 57 Emergency Directive 20-0n, and the E E F,ST *I r7'V C IPJN The Florida Keys Only Bally Newspaper, Est. 187 €O Box I80Q Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 N legals@keysnews.com 41 i r r f 1VEI) L w MONROE CO ADMAN/BBC THE HISTORIC ATO BUILDING JIUN 2 9 20?,,? E 1100 S MONTON ST SUITE - 0 KEY WEST FL 33040 .Fa L Account: 143331 Ticket. 345372 CL cn r PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NQIICE OF INTE II7ER O Al]Y]PTIClN �CCIUNTY QROIfl�1NC NOTICE I5 HEREBY GIVEN TO WHOM U COUNTY OF MONROE MAY CONCERN that on Pone 17,20 — NOTICE IS HEREBY GIVEN TO WHOM IT t or s soon thereafter w MAY CONCERN that on tune 17,2020 may be heard,ln'the Murray E,Nelsc 0 Before the undersign authority personally appeared Government Center, 1ti205 Overse; at 1:3t1 Rivl., or as soon thereafter as may kte heard,in the Murra�r E.Nelson RTighhAy, II9Y IAro, Igl hunt Crovernment Center, 142M OverseasM cc-k4 ,who on oath says that he or she is Highway,Key Largo, Monroe County, sloneir 01 Mrnie Coitrt FICir'i" u II Honda,the Board of County Commis- sioners of Monroe County,F4orid following County ortlanawe° a,in- a. tends to consider the adoption of the of the Key West Citizen, a daily followingCounty ordinance. CO ORDINANCE COMMISSIONERS BY THE BOARD M t newspaper publishe in Key st, in Monroe County Florida that the attached FOE CO NTY, FLORIDAOF Moi r$oE CCrUN1�'", LORIA I�IA�NEtATItI N AN [ORDINANCE BY THE BOARD of THAT INDIVIDUALS WEAR A FACE Co � copy of advertisrnent, being a legal notice in the matter of Ordinance 6.17 was COUNTY COMMISSIONERS OF MON- LAING IN PUBLIC IN CERTAIN'ClIFOP published in said newspaper in the issues of: ROE COUNTY, FLORIDA MANDATING STANCES, ESTABLISHING A MIiNIIMU � THAT INDIVIDUALS WEAR A FACE COV- COUNTYwOf REQUIREMENT,IEXCEi U ERING IN PUBLIC IN CERTAIN CIRCUM- To THC EXTENT OF,A MUNICIPAL O V Wednesday,,tune 3,2020 STANCES, ESTABLISHING A MINIMUM DINANCEIN CT fpI G Y W Ft O COUNTY-WIDE REQUIREMENT,EXCEPT SEVEFtAEIUT k TO THE EXTENT OF A MUNICIPAL OR- TI'VE �I ' FFE m SHNS NA ';?. DINANCE IN CONFLICT,PROVIDING FOR Cs Affiant further says that the Key West Citizen is a newspaper published in Key SEE Asp PROVIDING FOR EFFEC- TIVE G West, in said Monroe County, Florida and that the said newspapers has hereto- punivarit to lion 2sq, 1p Elor y fare been continuously published in said Monroe County, Florida every day, and Pursuant to Section 286.tsltl5, Florida Statutes,notice 4s given t,b tIfaBen Statutes,notice is given that if a person G de4ldes to appeal any deci'lon madoi U has been entered as periodicals matter at the past office in Key West, in said decides to appeal any decision made by the Board with;mspect tip,any Boat Monroe County, Florida,for a period of 1 year next preceding the first publication the Board with respect to any matter Considered at such hearh1q,%or me 0) of the attached co of advertisement,and affiant further says that he or she has considered at such record o or meet- teedngs,the will need a report of the p C copy Y togs,he will need a record of the pro.. ceedings, and that, for such purpra neither paid nor promised any person,firm or corporation any discount, rebate, ceedings, and that,for such purpose, he ropy need to ensure that a veil commission or refund for the purpose of securing this advertisement for pub he may need to ensues that a verta tlru record of the, roceed ngs,is lei O tim record of the proceedings is made, which record Inc udes the testime ra tion in the s id news which record includes the testimony and evidence upon which the appee � and evidence upon which the appeal is to he based, ra to be based A13A�i55lS3vtivClr if yyr�u are a pars `M with a disability w o needs Spec a 4o7a ASSISTANCE:tf you are a person y p a) Y azure f AffYant3 with a disability who needs'.. special aCtcorrmodati ant in order part L accommodations In order to partid- pate In thisprcareerfina,please cone; CD , A77Zdpd su Bert d before rite this 4#h day of dune 2{}2(} ,pate in this proceeding,please contact the County �oiministrator's pff°lce, eV the County Administrator's Office, by �-phplfiahp� a�) AM �e ��8`tI N hail of R a phoning (305)292 4�4, between the er than flute{Sf�ekeno"ar d ( ! hours of 8.34 a.m.-5:00 p.m., no laid y is 6 'A . er than Five(5)calendar dad prior to the srhedOle�rrieeira ,lC¢�u'areAe � (ffotar Ublic Ignatur theschedufedrraeetr"rag rtyouareh€sar mg or wolre s 'ire k call"Tit , t1 act closell Captlorsung is avallrahle via g atitritsr rrsg or voice ampalr call'71 t'. live h 0 al r �IZ Closed Captioning as available via our for meetings,rat floe _- f L web portal hlifingrare rauC—rztvfl roe Cavanfv llraard rafoula4 Corrrr V Notary Ru lip Printed flame) ( tot for meetrrsgs of the M67- Sioners C roe County Board of County Commis- tg �p sionem Dated at Ito West, Florida„this 28 My commission expires_ -- - erravrw day of May,2o2u. Dated at Key West, Florida, this 28th KEVIN MADOK, dark L day of May,2020. the Circuit Court and ex ofdlcib Clerk O KEVIN MADOK, Clerk of tlse Rpard of County Commissioners the Circuit Court and ex off Clerk of Personally Known _ Produced Idea#iflc #ion..� -� Monroe Cos�rsty,Florida the Berard of County Commissioners of b 1 t1 Key West Cltiten ry Monroe County,Florida E Type of Identification Produced _ 06103120 Key West Citizen � Q Packet Pg. 58 NoTice OF INTENTION TO RECE!"VED tw I Lh Db0#ttl O ',ouR,TY',0AOIN+ f x rs orr June i r 202tl at 0,O M,, or as scan thereafter'as toay be heard,In the Murray MION'ROF t.: ,taut^,A 1r.Rri r° No son GDVernrnent center, u1 1020sli Overseas H Ighway, L e taro onroeCounty, w rlodda,ate Board of County Published Weekly comitrdwanefsofMonroe � Marathon,Monroe Count ,Florida rrtrrrt„fl rida,inten&to £ y consN(the ad option of the soli da ; ouinty9rdinao AONANC BY TUp PROOF OF PUBLICATIOMONN �� � r�tiltTY STATE OF FLORIDA n�,MANO TIt caTHAT C. COUNTY OF MONROE jN0AViQUA �r ACE �' �l �lnl pt6�LiCfN Before the undersigned authority gTrl' UTIa p t5T,�8tl5Rltita�Ittlh�tPAUI personally appeared JASON KOLER who REMW s that he is PUBLISHER of LpTTtTMipit Tot O on oath, says �R11��L� [tINP� p U the WEEKLY NEWSPAPERS, a weekly N - newspaper published in Marathon, in FF�14 o Monroe County, Florida: that the AlittsUigserI T s41 Pursuattached co of advertisement was Floridantttutes,o txeIsriU , � copy Florid Statutes, e is � published in said newspaper in the giwenthatifa Or ri�diddes to areal a deru'won made 2 issues of:(date(s)of publication) bytlt�eBear, with rrfs ert a to amyr matter con0dered at J / d each h and sir rn tin r N e will n e a record of 1 proreedings,and that for such porp ,he may need to nnsrure that a verhatirn record of the proceedings Is U Affiant further says that the said WEEKLY roads,which record includes U NEWSPAPERS is a newspaper published tf�ponwhich yand al is upon which the appeal Is to pp at Marathon, in said Monroe County, betrased. ADA If Florida,and that the said newspaper has son with you area e person wgtfu r heretofore been continuously published adisahillr who needs a spaolal d ourar cad dons In y In said Monroe County, Florida, once order to rtidpatetnthts p each week (on Thursday) and has been procaeding,please w6tact the o ya�nty ftdrnirgh s trafo r� qualified as a second class mail matter at tdfficepbIy honing lsl 292-4441 1the post office in Marathon, In Monroe ' teuthehosars ofS�a,naK-s.t p,rn�no '� County, Florida,for a period of one year laterthan five 0)cAlendar dabs prior to the scheduled v next preceding the first publication of rn it if you are,hear!ng the attached copy of advertisement.The o'rwottelr i d, all°7tt". a) L 11captionIng is affiant further says that he has neither availkleviaourwebportal Z ht nonroecsunttyfl. is paid nor promised any person, firm, or ugr2carm for rneetyngs of, a) corporation any discount, rebate, tho Monroe cqunty ward CD county pommIsssronors. 04 commission or refund for the purpose of Dated at yilt"est Fiorillo„this o i securing this advertisement for 2114 raia,211 Cr X010, ir1rathe �t publication in the said newspaper(s)and irttrlt Court i•tl.) ands pfficie I r of the i Board that The Weekly Newspapers i5-in o r�5jtn ! rl ._.Yvlkh Chapter 50 of the off County z rnrrrissloorters-of Monroe y Florida State Statutes...m,,.Q_.L gat...d o nt ;t04da. ptublish; Official Adrrertisegns. � Tlse Weekly Newspapers O S n and srbscribed laefore me c t is d of 2tl2fl. 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