Emergency Directive 20-03County of Monroe
The Florida Keys
Doc # 2261527 Bk# 3015 Pg# 1667
Recorded 3/27/2020 8:30 AM Page I of 4
Filed and Recorded in Official Records of
MONROE COUNTY KEVLY MADOK, CPA
o BOARD OF COUNTY COMMISSIONERS
ik9ayor Heather Carruthers. District 3
lklayor Pro Tem Michelle Coldiron. District
.�, Craig Cates. District I
Da%id Rice. District 4
Syr is J. \lutphy. District 5
MONROE COUNTY EMERGENCY MANAGEMENT
EMERGENCY DIRECTIVE 20-03
March 26, 2020
SUBJECT: Check Point at County Line
WHEREAS, Section 252.38(3)(a), Florida Statutes, gives political subdivisions the
authority to declare and enact a State of Local Emergency for a period of up to seven days,
thereby waiving the procedures and formalities otherwise required of the political subdivision by
law; and
WHEREAS, on March I, 2020, the Governor of Florida issued Executive Order Number
20-51, directing the State Health Officcr and Surgeon General to declare a Public Health
Emergency due to the discovery of COVID- IcYnovel Coronavirus in Florida; and
WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order Number
20-52, declaring a State of Emergency for the state oi' Florida related to COV ID-19�novel
Coronavirus: and
WHEREAS, on March 15, 2020, the County Mayor declared a State of Emergency for
all of Monroe County; and
WHEREAS, COV1D-lWnovel Coronavirus poses a health risk to Monroe County residents,
particularly elderly residents and those who are immunosuppressed or otherwise have high -risk
medical conditions: and
WHEREAS, minimization of contact is necessary to avoid risk of COVID-19 infection for
the residents of [lie County; and
WHEREAS, the Centers for Disease Control (CDC) has issued guidance entitled " 15 Days to
Slow the Spread," encouraging social distancing and maintaining a 6 foot separation between
residents to slow the spread of infection and that events with more than ten attendees either be
cancelled or held virtually; and
WHEREAS, the CDC guidelines are based upon the amount of community spread within a
community and become more stringent where there is minimal to moderate or substantial
community spread: and
WHEREAS, in order to protect the health, safety, and welfare of the residents of Monroe
County, on March 20, 2020, the Emergency Management Director issued Emergency Directive 20-
02, which closed the County to tourists and other leisure travelers; and
WHEREAS, due to the intensity ofCOVID-19 in other hot spots in the nation, the Governor
has imposed additional screening measures for travelers departing from hot spots, see, Executive
Orders 2020-80 and 2020-82; and
WHEREAS, due to the intensity of COVID-19 in Miami -Dade and Broward Counties, the
Governor has imposed heightened restrictions on residents and businesses in those two counties, see.
Executive Order 2020-70;
WHEREAS, Miami -Dade is the county to the immediate north of Monroe County with the only
means of land access into the populated portion of Monroe County via U.S. I and Card Sound Road;
and
WHEREAS, due to the intensity of COVID-19 community spread in Miami -Dade County, the
Mayor of Miami -Dade County has taken a series of steps to curtail the spread of the virus by
prohibiting gatherings by boaters or "rafting" (Miami -Dade Executive Order 8-20), and closing non-
essential businesses (Miami -Dade Executive Order 7-20, as amended), closing parks. beaches, and
recreational facilities (06-20, as amended), and gatherings of grot.IpS of 10 or more people in public
(10-20); and
WHEREAS, on March 20, 2020, the Emergency Management Director issued Emergency
Directive 20-02, which closed the County to tt)LlriSIS and other leisure travelers: and
WHEREAS, the aforementioned closures in Miami -Dade County have cause residents there to
travel to Monroe County in violation of Monroe County Executive Directive 20-02, banning leisure
travel and tourists, and
WHEREAS, F.S. 316,008(I)(c) authorizes local authorities to regulate processions or
aSsetnblages on state and federal highways in their jurisdictions; and
WHEREAS, the Supreme Court of Florida has held that a County has the power to open and
close roads where necessity dictates on it temporary basis on "all public roads within the County,"
Helritt r. Meness, 100 So?d 161, 164 (Fla. 1958).
WHEREAS, section I 1-3(4)a of the Monroe County Code authorizes the Monroe
County Emergency Management Director to issue directives having the force of
law; and
WHEREAS, the Supreme Court of the State of Florida has upheld the use of roadblocks and
check points by law enforcement agencies when written guidelines setting forth the search protocol
are issued prior to erection of those roadblocks and check points. see, e.g., Caurphell v. State, 679
So.2d 1 168 (Fla. 1996); and
THEREFORE, as Monroe County Emergency Management Director, I hereby request that the Sherlf t of
.Monroe County:
1. Erect a checkpoint on both roads entering the Florida Keys portion of Monroe County to determine
if at least one occupant in the vehicle has legitimate business to be in Monroe County during the
current state of emergency due to the COVID-19 outbreak.
2. The term "legitimate business" is defined as follows:
a. A resident of Monroe County
b. An owner of property in Monroe County
c.. A person who is employed or performing contractual services in Monroe County
d. Any military personnel including National Guard member, health care worker, or first
responder assigned to work in Monroe County
3. This directive shall be implemented by the Sheriff pursuant to the attached guidance document, as
it is updated from time to time as circumstances dictate. The guidance document is hereby
incorporated herein as Exhibit A to this directive
4. This directive shall take effect upon filing Per F.S. 252.46(2), this order shall take effect
immediately upon being filed with the Monroe County Clerk.
Signed: Date: March 26,_2020 Time: UL49
Oneiner,mergency Management Director
Approved as to form and legal sufficiency in advance.
Robert B. Shillinger. Monroe County Attorney
Exhibit A to Emergency Directive 20-03
Check Point at County Line
In order to implement Directive 20-03 as well as Directive 20-02, the Monroe County
Emergency Manager has requested the Sheriff to erect a checkpoint at the County line
on U.S. 1 and on Card Sound Road to help stem the influx of travelers from outside of
the County.
1. The Sheriff is requested to initiate the checkpoints within Monroe County on U.S.
1 and Card Sound Road on Friday morning March 27, 2020 and terminate the
checkpoints at 6.pm on Sunday March 29, 2020.
2. The Sheriff shall screen all vehicles approaching the checkpoint to determine if
they have legitimate business in Monroe County as that term is defined in
Emergency Directive 20-03.
3. If at least one occupant of vehicle has legitimate business in Monroe County, the
vehicle shall be permitted to enter the County. If no occupant of the vehicle has
legitimate business in the. County, the vehicle shall.be refused entry into Monroe
County and directed to return to Miami -Dade County.
4. Residency in Monroe County may be satisfactorily established by providing at
least one of the following at the check point:.
a. A government issued hurricane re-entry sticker affixed to the vehicle.
b. A deed, lease, utility bill, tax bill,. or Florida Driver's License for a property
located in Monroe County.
5. Non-residents can demonstrate that they have legitimate business in Monroe
County by providing at least. one of the following at the check point:
a. An employee -identification card issued by an employer in Monroe County;
b. A paystub issued within the last month byan employer in Monroe County;
c. A letter from the non-resident's employer on company letterhead attesting
that the individual is working in Monroe County;
d. A contract to perform services with a resident or entity in.Monroe County;
e. Military identification and/or orders detailing.that individual to.serve in
Monroe County;
f. A vehicle containing items for delivery in Monroe County, including but not
limited to fuel, groceries, paper products, construction materials, and other
goods;
g. An "authorized emergency vehicle" as that term is. defined in F.S. 316.003
or F.S. 322.01.
h. Any vehicle owned by the State of Florida, the United States, or any local
government entity or utility located within Monroe County.