Item B2 � B.2
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 4, 2020
Agenda Item Number: B2
Agenda Item Summary #6969
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
n/a
AGENDA ITEM WORDING: A public hearing to consider an emergency ordinance setting
standards for when facial coverings must be worn in response to the COVID-19 pandemic.
ITEM BACKGROUND: On March 1, 2020, Governor DeSantis issued Executive Order 20-52,
which declared a state of emergency in Florida due to the COVID 19 virus and pandemic. The
Mayor first declared a state of local emergency on March 15, 2020 and has renewed that declaration
every week since. Pursuant to the authority vested in her by Section 11-3 of the County Code, the
Emergency Management Director issued a number of emergency directives including Directive 20-
05 and later 20-08, which mandated the use of face coverings or masks in certain circumstances. Per
F.S. 252.50, violations of emergency directives are enforceable as criminal offenses.
The proposed ordinance, as drafted, establishes both recommended standards and mandatory
requirements. As drafted, the ordinance recommends that everyone who is away from their home
carry a face covering and wear that covering when closer than six (6) feet to another person whom
they don't live with. For those inside of a business establishment, the ordinance would require
wearing of face coverings but proposes several exceptions, including:
Restaurant patrons while dining and/or drinking while seated at a table
A gym patron engaged in a workout or class where at least 6 feet of distancing
exists with the next closest patron.
Barbershop or beauty salon customers when wearing a face covering would
reasonably interfere with receiving services
In areas of a business not open to the public, business owners, managers, and
employees would not be required to wear face coverings, provided that 6 feet of
distance exists between employees. This exception would not apply to the
kitchen and food preparation areas of restaurants.
Once the State allows bars to reopen, bar patrons would not be required to wear a
face covering while consuming beverages and/or food.
Hotel and other lodging establishment guests would not be required to wear face
coverings while inside of their units.
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B.2
ll The ordinance contains language proposing an exemption for children but that
specific age would need to be set by the board.
While directives issued by the Emergency Management Director are enforceable under state law as
misdemeanor offenses, adopting any requirements by ordinance would expand enforcement
options to include code compliance citations, administrative hearings, and injunctions. The
proposed ordinance would allow enforcement by any of these methods.
Given that this is the first discussion by the BOCC on the topic, the draft is subject to change at the
public hearing. Staff intends to present the draft to the Board for discussion at the June 4th special
meeting. If sufficient consensus develops to adopt a final product at that special meeting as an
emergency ordinance, the Board could opt to proceed to immediate adoption. Under F.S. 125.66(3),
the BOCC "at any regular or special meeting may enact or amend any ordinance with a waiver of the
[ten day published] notice requirements of subsection (2)by a four-fifths vote of the membership of
such board, declaring that an emergency exists and that the immediate enactment of said ordinance is
necessary." Normally, a notice of intent to consider an ordinance must be published in a newspaper
of general circulation at least 10 days in advance of the public hearing. F.S. 125.66(2).
Alternatively, the ordinance will also be noticed for a public hearing at the June 17th BOCC meeting.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Emergency Mask Ordinance for June 4 2020 BOCC meeting
FINANCIAL IMPACT:
Effective Date: Upon adoption
Expiration Date: To be determined. Drafted as no later than June 1, 2021.
Total Dollar Value of Contract: n/a
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
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B.2
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 05/28/2020 3:12 PM
Bob Shillinger Completed 05/28/2020 3:25 PM
Purchasing Skipped 05/28/2020 3:09 PM
Budget and Finance Skipped 05/28/2020 3:09 PM
Maria Slavik Skipped 05/28/2020 3:09 PM
Kathy Peters Completed 06/01/2020 8:34 AM
Board of County Commissioners Pending 06/04/2020 11:00 AM
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B.2.a
ORDINANCE NO. -2020
AN UNCODIFIED EMERGENCY ORDINANCE BY THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA TO MANDATE THAT INDIVIDUALS
WEAR A FACE COVERING IN PUBLIC IN CERTAIN
CIRCUMSTANCES; ESTABLISHING A MINIMUM
COUNTY-WIDE REQUIREMENT, EXCEPT TO THE
EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT; y
PROVIDING FOR SEVERABILITY; PR VIDING FOR
ES REPEAL OF ALL ORDINANC � ONSISTENT
HEREWITH; PROVIDING FOR T TTAL TO THE
SECRETARY OF STATE AND � ING FOR AN
EFFECTIVE AND SUNSET DAT
WHEREAS,the Board of County Co oners of Monroe my, Florida(hereinafter
"Board") finds that COVID19 presents a dano the health, safety, elfare of the public;
- - y
and '>
WHEREAS, the Centers fi"i§ease Con tr- advises that COVID-19 spreads
mainly from person to person through respiratory droplets produced when an infected person
coughs, sneezes, or talks; these droplets can land in the mouths or noses of people who are nearby E
or possibly be inhaled into the lungs; and studies and evidence on infection control report that
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these droplets usually travel around 6 feet(about two arms lengths); and
WHEREAS, the CDC a s that a �gnificant portion of individuals with coronavirus
lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre-
symptomatic") can transmit the virus to others before showing symptoms. This means that the
virus can spread between people interacting in close proximity—for example, speaking, coughing,
or sneezing—even if those people are not exhibiting symptoms; and 0
WHEREAS, the CDC recommends wearing cloth face coverings in public settings where
other social distancing measures are difficult to maintain in order to slow the spread of the virus
and help people who may have the virus and do not know it from transmitting it to others; and
all
WHEREAS,the CDC does not recommend wearing cloth face covering for children under
the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise
unable to remove the mask without assistance; and as
a�
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 E
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
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B.2.a
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 COVID19; and
WHEREAS, the Board finds the inconvenience of an ordinance requiring the use of face
coverings or other suitable face coverings is minimal compared to the risk to the health, safety,
and welfare of the community were no such rule imposed; and
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WHEREAS, the Board finds implementation of this ordinance is necessary for the
preservation of the health, safety, and welfare of the communi 'z`�nd E
WHEREAS, Section 1(f) of Article VIH of the Constitution vests the Board with
the authority to enact ordinances having countywide of ' not inconsistent with state law,
provided that such ordinance shall not be effects - in a r 'cipality that has adopted an
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ordinance in conflict with the County ordinance, extent of sus nflict; and ;:7
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WHEREAS,the State of Florida has n—' ' tempted local govern �s from regulating in 'N
the field of minimum health requirements with re ` to C _ 19; and
WHEREAS, the County's ncy Mana t Director has issued interim rules
requiring the use of face coverings pug r" �ti e author `" fisted in her by Section 11-3 of the
County Code that are enforceable as m me s" law e '� ement through F.S. 252.47 and E
F.S. 252.50; and U
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WHEREAS pting =ations ' _ 'nce permit additional enforcement
options through code' fiance �,injuncti "ief, and
W 28 imp nting regulations for the Americans with
Disabili at th V A Ire e a public accommodation to permit an
indivi o participar be ' from the bds, services, facilities, privileges, advantages
and acc dations of t blic modation when that individual poses a direct threat to
the health""61 fety of other d cu ors with disabilities who may be unable, due to their
disability, to a face mas A y acce the goods and services of the businesses through the
provisions of cu � service o me delivery; and
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WHEREAS, istrict Court of Appeal has defined the term business
establishment for purpose ` � 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 w
WHEREAS, the Florida Legislature has defined the term "transient public lodging a
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; and
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B.2.a
WHEREAS, F.S. 125.66(3)permits the Board to waive the notice requirement and adopt
an ordinance by 4/5th vote in emergency circumstances.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings.
The Board further finds that an emergency exists that necessitates dispending with the notice 0
requirements in F.S. 125.66.
SECTION 2. Definitions. For purposes of this ordinance 0106owing terms are defined as o
follows:
OR
�tw �1 y
(1) Face Covering. A "face covering" is aka al tha yers the nose and mouth. It
can be secured to the head with ties or straps or simply wrapped around the lower face. r,
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 .2
items. 10111
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(2) Business establishment. , '��, usiness es ment" means or semi- r_
enclosed location where ss is con' ed, goods are made or stored or
processed or where service e rY �� The business establishment also
include locatio where non " �' fit g '7 en uasi-governmental entities
facilitate p tions an duc "I ca
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(3) Lodging e , ishmenE "lodgin blishment' "shall have the same meaning as C44
the term "tra t pub lodging es ishment" has in F.S. 509.013(4)(a)1 (2019).
estab� `` ific t f business establishment.
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Rommn�, Est ta oSECTI f �
conduct.
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(1) Everr, on over t ge of xxxx (yy)who is away from his or her residence should
we a overin ` � en closer than 6 feet to another person with whom he or she
does not re
(2) Every person over the age of xxx (yy) who is away from his or her residence should
carry a face covering capable of immediate use. w
(3) Each owner or manager should establish rules for that business establishment that
encourage social distancing and other protective measures for customers and
employees based upon guidelines provided by the Centers of Disease Control and the
State Department of Health.
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B.2.a
(4) Vulnerable Populations. Individuals older than 65 years of age and individuals with
a serious underlying medical condition (such as chronic lung disease, moderate-to-
severe asthma, serious heart conditions, immune-compromised status, cancer,
diabetes, severe obesity, renal failure, liver disease) should continue to stay at home.
When leaving home, these individuals should follow social distancing and other
general mitigation guidance. Those living with vulnerable individuals should be
aware of the exposure risk that they could carry the virus back home after returning
to work or other environments where distancing is not practiced. Vulnerable Ie
populations should affirmatively inform their emplo, r that they are a member of a E
vulnerable population so that their employer can,�z "4� accordingly.
SECTION 4. Mandatory requirements. ,
An owner, manager, employee, s er, oo<<� tron of a business
establishment must wear a t overing w in that business
establishment. °
The requirements of this section c t apply cu
a. Restaurant cust � r patrons e, dining and/or consuming
beverages while see k` ble
b. A gym patron enga" ;�,m�� "� out or where at least 6 feet of E
distanc' xists with ext c atron � t�
c. Bar, ' ." eauty sa cust ' atro khen wearing a face M
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win services
c dig wou , ' asonabl .>� wit �` g
CD
d. Bu s owne -� anager �. ` employees who are in an area of a
busi tabu ent that i �t open to customers, patrons, or the
blic p t of di ce exists between employees. This
ion ot appp ` il ho are present in the kitchen
c
or o boo everage ' ` iaration area of a restaurant or food
estabh t. P
e. Bar patro hile c mg beverages and/or food, provided that the
M State has 'tted Bto reopen and provided that the Bar follows
protocol tablished by the State for reopening. _Ie
f. mg es `z shment guest when inside of the lodging unit including
but I � to a hotel room, motel room, vacation rental unit,
timesk� `` t or similar unit.
g. Any pers`n who is under xxx (yy) years of age, or is unconscious,
incapacitated or otherwise unable to remove the mask without
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assistance.
The owner, operator, manager, and employee of a business or lodging
establishment shall ensure that every individual in that establishment
complies with this section. C
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B.2.a
When a customer of a business establishment asserts that he or she has a
disability that prevents the individual from wearing a mask, the owner,
manager, or employee of the business establishment may exclude the
individual, even if they have a disability, as they pose a direct threat to the
health and safety of employees and other customers, even if asymptomatic,
and shall accommodate the disabled individual in a manner that does not
fundamentally alter the operations of the business establishment nor
jeopardize the health of that business's employees and other customers, 0
such as providing curb service or delivery or other reasonable
accommodation. ��
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SECTION 5. Penalties and Enforcement. This o may be enforced in the
following manner:
(1) Criminal. A
2
a. Any state, county, or Jcipal 1 enforceme ficer may
Q�Sv�V� �c CL
arrest or is e a notice to a r y knowing an ntional
violation a fitted in _ her presence or `through
„o
procureme 4 est warran 'olations may be prosecuted
by the State rri` e 16'J E 1 Circuit. E
b erson foun viol t ay be hed by up to 60 days
`Aa ounty j ai `=d/or 4 �y
tor'0.
(2) �� F`" it Citatid"
a code mpliance aw enforcement officer may, upon
olati a person who does not immediately
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put face c a eceiving a warning issue a notice
app `` civil ci Ito appear in County Court. 0
b per r business establishment prosecuted under this
P
su tion ,� ound in violation of this ordinance may be
pum ` `' d by a e of up to $500.00.
(3) dminis eve Notice of Violation
'y or municipal code compliance officer may, upon
`ery of a violation by a person who does not immediately u
p° ``on a face covering after receiving a warning, issue a notice
of violation and notice to appear before the code compliance E
board or special magistrate of that officer's jurisdiction. "°
b. Any person or business establishment found in violation of this
ordinance may be fined pursuant to part I of chapter 162,Florida E
Statutes.
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B.2.a
(4) Injunctive relief.
a. The State Attorney of the 16th Judicial Circuit and/or the County
Attorney may file an action for injunctive relief in Circuit Court seeking
to enjoin violations that occur throughout the County, except for
violations that occur in a municipality that has adopted an ordinance in
conflict with this ordinance.
b. The City or Village Attorney for a municipality may file an action for
injunctive relief in Circuit Court seeking to enjoin violations that occur 0
with that municipality.
E
(5) Private Right of Action. Any nature an may seek injunctive relief in o
the Circuit Court for the 16th Judi �rcuit to enforce violations of this
section against a violator. Atto d costs incurred in an action to
enforce this ordinance may F rded to ubstantially prevailing party
at the discretion of the co
/ h
(6) Defenses. An owne anager, and/or em11 ee of a business
establishment shall not be in an orcement taken under this w
section for these 'olations of a' t, fr mer, and/or p if that owner,
manager, an s s ogee dire , t guest, customer, and/or patron who
refuses to wea ering to � �e the premises or face prosecution
of trespass. ' �' 'up( � E
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SECTION 6. Sever` If ' ��' section, ection, sentence, clause, or provision of this
ordinance is held by a cou co J to be invalid,the remainder of this ordinance
shall not � '� ��.,y suc �' �urisdic
0 s
SEC 7. Applies a nflict. s ordinance is intended to have countywide
applicati cept within f nici which has adopted an ordinance in conflict this this
ordinance pift%rices
to Article � I, Sec "_ 1 of the Florida Constitution. All County ordinances
or parts of o in con with this ordinance are hereby repealed to the extent of said
conflict.
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SECTION 8. Effectiv �� 'This Ordinance shall take immediate effect upon adoption and
shall be filed with the DeP aient of State.
SECTION 9. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this
ordinance shall sunset on June 1, 2021.
E
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.
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B.2.a
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of 2020.
Mayor Heather Carruthers
Mayor Pro Tem Michelle Coldiron
Commissioner Craig Cates
Commissioner David Rice
Commissioner Sylvia Murphy
le
Ch
(SEAL) BOARD COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF ME COUNTY, FLORIDA
� � y
By: ..y•
Deputy Clerk Mayor rq
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chat.txt
12 : 13 : 29 From JOHN to All panelists : Mayor
DeNeale. Only Heather has talked with me and
with 34% vacation rentals and an average age of
63 . You are putting my city at high risk without it
being mandatory.
12 : 19 : 50 From JOHN to All panelists : Mayor
DeNeale again, yes our local population is
complying to a large degree, But what about this
Saturday when we welcome many VRs.
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