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Ordinance 014-2020 ORDINANCE NO. 014-2020 AN UNCODIFIED ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA TO MANDATE THAT INDIVIDUALS WEAR A FACE COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES; ESTABLISHING A MINIMUM COUNTY•WIDE REQUIREMENT, EXCEPT TO THE EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE AND PROVIDING FOR AN EFFECTIVE AND SUNSET DATE. WHEREAS,the Board of County Commissioners of Monroe County,Florida(hereinafter "Board") finds that COVID 19 presents a danger to the health, safety, and welfare of the public; and WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads mainly from person to person through respiratory droplets produced when an infected person coughs,sneezes,or talks;these droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs; and studies and evidence on infection control report that these droplets usually travel around 6 feet (about two arms lengths); and WHEREAS, the CDC advises that a significant portion of individuals with coronavirus lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- symptomatic") can transmit the virus to others before showing symptoms. This means that the virus can spread between people interacting in close proximity—for example,speaking,coughing, or sneezing—even if those people are not exhibiting symptoms; and WHEREAS, the CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain in order to slow the spread of the virus and help people who may have the virus and do not know it from transmitting it to others; and WHEREAS,the CDC does not recommend wearing cloth face covering for children under the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the mask without assistance; and WHEREAS, the CDC recommends only simple cloth face coverings for the general population and not surgical masks or N-95 respirators because these are critical supplies that must continue to be reserved for healthcare workers and other medical first responders; and 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 Page 1 of 6 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 COV1D19;and WHEREAS,the Board finds the inconvenience of an ordinance requiring the use of face coverings or other suitable face coverings is minimal compared to the risk to the health, safety, and welfare of the community were no such rule imposed; and WHEREAS, the Board finds implementation of this ordinance is necessary for the preservation of the health,safety,and welfare of the community; and WHEREAS,Section 1(f) of Article VIII of the Florida Constitution vests the Board with the authority to enact ordinances having countywide effect that are not inconsistent with state law, provided that such ordinance shall not be effective within a municipality that has adopted an ordinance in conflict with the County ordinance,to the extent of such conflict; and WHEREAS,the State of Florida has not preempted local governments from regulating in the field of minimum health requirements with respect to COVID19;and WHEREAS, the County's Emergency Management Director has issued interim rules requiring the use of face coverings pursuant to the authority vested in her by Section 11-3 of the County Code that are enforceable as misdemeanors by law enforcement through F.S. 252.47 and F.S. 252.50; and WHEREAS, adopting regulations via ordinance would permit additional enforcement options through code compliance and injunctive relief; and WHEREAS, 28 C.F.R. 36.208, the implementing regulations for the Americans with Disabilities Act states that the ADA does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation when that individual poses a direct threat to the health or safety of others; and customers with disabilities who may be unable, due to their disability, to wear a face mask may access the goods and services of the businesses through the provisions of curbside service or home delivery; and WHEREAS, the Third District Court of Appeal has defined the term business establishment for purposes of tort liability to mean"a location where business is conducted,goods are made or stored or processed or where services are rendered." Publix Supermarkets, Inc. v. Santos, 118 So.3d 317 (Fla. 3d DCA 2013); and WHEREAS, the Florida Legislature has defined the term "transient public lodging establishment" to mean "any unit, group of units, swelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for a period of less than 30 days or I calendar month,whichever is less, or which is advertised or held out to the public as a place regularly rented to guests." See, F.S. 509.013(4)(a)1; Page 2 of 6 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as follows: (I) Face Covering. A "face covering" is a material that covers the nose and mouth. It can he secured to the head with ties or straps or simply wrapped around the lower face. It can be made of a variety of materials, such as cotton, silk, or linen. A cloth face covering may he factory-made or sewn by hand, or can be improvised from household items. (2) Business establishment. A"business establishment"means a location with a roof overhead under which any business is conducted,goods are made or stored or processed or where services are rendered. The term "business establishment" also includes locations where non-profit, governmental, and quasi-governmental entities facilitate public interactions and conduct business. The term does not include schools servicing students under the age of 18. (3) Lodging establishment. A "lodging establishment" shall have the same meaning as the term "transient public lodging establishment" has in F.S. 509.013(4)(a)1 (2019). A lodging establishment is a specific type of business establishment. SECTION 3. Recommended standards of conduct. (1) Every person over the age of six (6)who is away from his or her residence should wear a face covering when closer than 6 feet to another person with whom he or she does not reside. (2) Every person over the age of six(6)who is away from his or her residence should carry a face covering capable of immediate use. • (3) Each owner or manager should establish rules for that business -- - establishment that encourage social distancing, hand washing, and other protective measures for customers and employees based upon guidelines provided by the Centers of Disease Control and the State Department of Health. Page 3 of 6 (4) Vulnerable Populations. Individuals older than 65 years of age and individuals with a serious underlying medical condition (such as chronic lung disease,moderate-to-severe asthma,serious heart conditions,immune- compromised status, cancer, diabetes, severe obesity, renal failure, liver disease) should continue to stay at home. When leaving home, these individuals should follow social distancing and other general mitigation guidance. Those living with vulnerable individuals should be aware of the exposure risk that they could carry the virus back home after returning to work or other environments where distancing is not practiced. Vulnerable populations should affirmatively inform their employer that they are a member of a vulnerable population so that their employer can plan accordingly. SECTION 4. Mandatory requirements. (1) An owner, manager, employee, customer or patron of a business establishment must wear a face covering while in that business establishment. (2) The requirements of this section do not apply to: a. Restaurant customers or patrons while dining and/or consuming beverages while seated at a table b. A gym patron engaged in a workout or class where at least 6 feet of distancing exists with the next closest patron. c. Barbershop or beauty salon customers or patrons when wearing a face covering would reasonably interfere with receiving services. d. Business owners, managers, and employees who are in an area of a business establishment that is not open to customers, patrons, or the public, provided that 6 feet of distance exists between employees. This exception does not apply to employees who are present in the kitchen or other food and beverage preparation area of a restaurant or food establishment. When an owner, manager, or employee is in their place of employment but not within six feet of another person,that owner,manager,or employee does not need to wear a mask. e. Bar patrons while consuming beverages and/or food. f. A lodging establishment guest when inside of the lodging unit including but not limited to a hotel room, motel room, vacation rental unit, timeshare unit, or similar unit. (3) The owner, operator, manager, and employee of a business or lodging establishment shall ensure that every individual in that establishment complies with this section. Page 4 of 6 (4) When a customer of a business establishment asserts that he or she has a disability that prevents the individual from wearing a mask, the owner,manager,or employee of the business establishment may exclude the individual,even if they have a disability,as they pose a direct threat to the health and safety of employees and other customers, even if asymptomatic, and shall accommodate the disabled individual in a manner that does not fundamentally alter the operations of the business establishment nor jeopardize the health of that business's employees and other customers, such as providing curb service or delivery or other reasonable accommodation. SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the following manner: (I) Civil Citation. a. A code compliance or law enforcement officer may, upon observation of a violation by a person who does not immediately put on a face covering after receiving a warning, issue a notice to appear or civil citation to appear in County Court. b. Any person or business establishment prosecuted under this subsection and found in violation of this ordinance may be punished by a fine of up to$500.00. (2) Administrative Notice of Violation a. A county or municipal code compliance officer may, upon discovery of a violation by a person who does not immediately put on a face covering after receiving a warning, issue a notice of violation and notice to appear before the code compliance board or special magistrate of that officer's jurisdiction. b. Any person or business establishment found in violation of this ordinance may be fined pursuant to part I of chapter 162,Florida Statutes. (3) 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 with that municipality. Page 5 of 6 (4) Private Right of Action. Any natural person may seek injunctive relief in the Circuit Court for the 16'h Judicial Circuit to enforce violations of this section against a violator. Attomey's fees and costs incurred in an action to enforce this ordinance may be awarded to the substantially prevailing party at the discretion of the court. (5) Defenses.An owner,manager,and/or employee of a business establishment shall not be liable in any enforcement action taken under this section for the violations of a guest,customer,and/or patron if that owner,manager,and/or employee directed that guest, customer, and/or patron who refuses to wear a face covering to vacate the premises or face prosecution of trespass. SECTION 6. Severability. B any section, subsection, sentence, clause, or provision of this ordinance is held by a court of competent jurisdiction to be invalid,the remainder of this ordinance shall not be affected by such invalidity. SECTION 7. Applicability and Conflict. This ordinance is intended to have countywide application except within a municipality which has adopted an ordinance in conflict this this ordinance pursuant to Article VIII, Section 1 of the Florida Constitution. All County ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 8, Effective Date. This Ordinance shall take immediate effect upon adoption and shall be filed with the Department of State. SECTION 9. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this ordinance shall sunset on June 1, 2021, subject to quarterly review. SECTION 10. Codification. Due to the temporary nature of this ordinance,the Board directs the Clerk to send the ordinance to the Municipal Code for publication on its website but with instructions to not codify the ordinance within the Monroe County Code. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17'h day of June 2020. Mayor Heather Carruthers Yes Mayor Pro Tern Michelle Coldiron Yes Commissioner Craig Cates Yes z o Commissioner David Rice Yes — o Commissioner Sylvia Murphy Yes = -� c - (SEAL) BOARD OF COUNTY COMMISSIOADERfg Attest: KEVIN MADOK, Clerk OF MONROE C ' RIDA? J � By: G By: As Deputy Clerk or er Carruthers IAONRRROOREE COUIRYA HEY AS TO RK�191'f! Page 6 of 6 Cp�t�IWALWOER,JR. Ow hr/ ir 5f4 \\ Kevin Madok, CPA '1 Clerk of the Circuit Court& Comptroller—Monroe County, Florida June 18,2020 Department of State Administrative Code& Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 014-2020 an uncodified Ordinance by the Board of County Commissioners of Monroe County, Florida to mandate that individuals wear a face covering in public in certain circumstances; establishing a minimum county-wide requirement, except to the extent of a municipal ordinance in conflict; providing for severability; providing for repeal of all ordinances inconsistent herewith; providing for transmittal to the secretary of state and providing for an effective and sunset date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session,on June 17, 2020. Should you have any questions please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok,CPA,Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners by:Pamela G. Hancock, D.C. cc: Emergency Management County Attorney MunicCode BOCC File KEY WEST MARATHON PLANTATION KEY PWROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 t � FLORIDA DEPARTMENT 0 STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State June 18, 2020 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock Dear Mr. Madok: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 014-2020, which was filed in this office on June 18, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Pamela G. Hancock From: Ords Admin <ords@municode.com> Sent: Friday, June 19, 2020 6:38 AM To: Pamela G. Hancock Subject: RE: Monroe County, FL Code of Ordinances - 2008(14298) OrdBank Follow Up Flag: Follow up Flag Status: Flagged We have received your file. Thank you and have a nice day. Ords Administrator ords@municode.com 1-800-262-2633 P.O. Box 2235 Tallahassee, FL 32316 When available, please send all documents in WORD format to Ords@municode.com. However, if WORD format is not available, we welcome any document format including PDF. Si From: Pamela G. Hancock<phancock@monroe-clerk.com> Sent:Thursday,June 18, 2020 2:04 PM To: State of Florida <County0rdinances@dos.myflorida.com> Cc:Amanda Leggett<leggett-amanda@monroecounty-fl.gov>; Carol Schreck<boccdis3@monroecounty-fl.gov>; Katie Atkins<Atkins-Katherine@monroecounty-fl.gov>; Lindsey Ballard <Ballard-Lindsey@monroecounty-fl.gov>; Ords Admin <ords@municode.com>; Susie Ptomey<boccdis5@monroecounty-fl.gov>;Tamara Lamarche (boccdis4@monroecounty- fl.gov) <boccdis4@monroecounty-fl.gov>; 'Luttazi-alary@monroecounty-fl.gov' <Luttazi-alary@monroecounty-fl.gov>; Weiner-Shannon <Weiner-Shannon@ Mon roeCounty-FL.Gov>; Kathy Peters (Peters-Katherine@monroecounty-fl.gov) <Peters-Katherine@monroecounty-fl.gov>;Yongue-Liz<Yongue-Liz@MonroeCounty-FL.Gov> Subject: Ordinance No. 014-2020 Sender Full Name: Pamela G. Hancock Sender Phone Number: (305) 292-3550 County Name: Monroe Ordinance Number: 2020-014 Pamela G. Hancock Deputy Clerk Kevin Madok, CPA `* Clerk of the Circuit Court& Comptroller 500 Whitehead St, Key West, FL, 33040 1 f"...."-� KEY VWI ST THE CiTizEN The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800, Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com RECEIVED MONROE CO ADMIN/BOCC JUN 2 9 2020 THE HISTORIC GATO BUILDING 1100 SIMONTON ST SUITE 2-205 KEY WEST FL 33040 MONROE COUNTY ATTORNEY Account: 143331 Ticket: 346295 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA AMENDED NOTICE OF INTENTION TO that appears at the bottom of COUNTY OF MONROE CONSIDER ADOPTION OF COUNTY the Zoom webinar screen to be ORDINANCE recognized by the meeting mon- itor. NOTICE IS HEREBY GIVEN TO WHOM IT Be ore th undersi ed authority personally appeared MAY CONCERN that on June 17,2020 at The meeting monitor/host will re- 1:30 P.M.,or as soon thereafter as may quest the item#you wish to speak on be heard,the Board of County Commis- and enable your participation when ,who on oath says that he or she is sioners of Monroe County, Florida, in- the Mayor calls for public speakers on tends to consider the adoption of the your item.To report problems with the CI,^ emo ,} following County ordinance: broadcast,please call(305)872-8831. Y /Vl of the Key West Citizen. a daily news AN ORDINANCE BY THE BOARD OF A person may submit written or other paper published in Key West, nroe County, Florida:that the attached copy COUNTY COMMISSIONERS OF MON- physical evidence on a particular agen- of advertiement, being a leg otice in the matter of AMENDED NOTICE OF TOE COUNTY,IDFLOWERRIDA MANDATING md item for Licndsey Ballard at the aOCC THAT INDIVIDUALS WEAR A FACE CON- meeting to Lindsey Ballard via email to: INTENTION was published in said newspaper in the issues of: ERING IN PUBLIC IN CERTAIN CIRCUM- ballard-lindsey@monroecounty-fl.g0y STANCES; ESTABLISHING A MINIMUM or by mail to:The County Administra- COUNTY-WIDE REQUIREMENT, EXCEPT tor's Office,1100 Simonton Street,Key Friday, June 12, 2020 TO THE EXTENT OF A MUNICIPAL OR- West, FL 33040. The documents must y DINANCE IN CONFLICT;PROVIDING FOR be received by 3:00 p.m. on Monday, SEVERABILITY; PROVIDING FOR EFFEC- June 15,2020 and must include the sub- TIVE AND SUNSET DATES. mitter's name,address,phone number tem Affiant further says that the Key West Citizen is a newspaper published in Key and numberematl ead ocusandshe regarding. e ardda ing. Pursuant to Executive Order No. 20- the documents are regarding. West, in said Monroe County, Florida and that the said newspapers has hereto- 69(extended by Executive Orders No. Pursuant to Section 286.0105, Florida fore 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 by has been entered asperiodicals matter at thepost office in KeyWest, in said Emergencyenterfor Directiveease 20-06,tro andDthe thedecides to with arl any respect decision made matter Center for Disease Control ("CDC) so- Board with respect to any matter Monroe County, Florida. for a period of 1 year next preceding the first publication cial distancing guidelines established considered at such hearings or meet- to contain the spread of the COVID-19 ings,he will need a record of the pro- 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, 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 publics ("EMT") using a Zoom Webinar plat- tim record of the proceedings is made, form @ http://www,monroecounty-fl. which record includes the testimony tion in the said newspaper. gov/BoccMeetingJune17. and evidence upon which the appeal is f ) -.- to be based. The public is strongly encouraged to watch the meeting on Monroe Coun- ADA ASSISTANCE:If you are a person (Signature ofAffiant) ty's MCTV Comcast Channel 76 or lis- with a disability who needs special ten to audio only from their phone by accommodations in order to partici- dialing (646) 518-9805 or (669) 900- pate in this proceeding,please contact A• d and AO ibed before me this 12th day of June 2020 6833 and, when prompted, enter the the County Administrator's Office, by lit _ Webinar ID#976 4888 7338 followed phoning (305)292-4441, between the by the#key. hours of 8:30 a.m.-5:00 p.m.,prior to the scheduled meeting;if you are hear- �/,4 //���/ The public can watch the meeting on- ing or voice impaired, call "711". Live (Tots 1.4.11). ignat ```\sssss*rrr lit by visiting the County's meeting Closed Captioning is available via our � V '�'� portal @ htto://monroecountyfl.i0m2. web portal @ httn://monroecounty- �1 - t. com/Citizens/Default.asoxandselecting fl.iam2.com/Citizens/Default.asox for / / /�/� �� - ! the"Watch Live"banner to view with meetings of the Monroe County Board (Notary Publ. Printed Name) (Notary .,; Jt live closed captioning on an integrated of County Commissioners. page that includes the agenda/agenda gz�nu `s C/) backup. Dated at Key West,Florida,this 8th day My commission expires �p aO of June,2020. C If a person wants to comment on a par- KEVIN MADOK, Clerk of co ticular item 0n thepublic portion of the the Circuit Court and ex officio Clerk of agenda when the meeting host and/ the Board of County Commissioners of Personally Known X Produced Identification N or the Mayor calls for speakers on the Monroe County,Florida _ _p_ item you wish to comment on: 06/12/20 Key West Citizen Type of Identification Produced 2 a) If phoning-in: dial *9 to "raise M 54 your hand"to be recognized by v 0 pU the Zoom webinar monitor. UJ Z- N 3 b) If watching the meeting on- o rvp line:click on/open the live Zoom � N CD webinar link http://www.mon- N -1roecounty-fl.gov/BoccMeet- ingJune17 that appears in both the published Agenda and Agen- da Packet. When prompted,en- ter your email address and name to join the webinar and then se- lect the "Raised Hand" feature 57 Public Notice J Center for Disease Control ("CDC) so- cial distancing guidelines established to contain the spread of the COVID-19 virus, this meeting will be conducted 1 via Communication Media Technology ("CMT") using a Zoom Webinar plat- I form 0 http://www.monroecounty-fl gov/BoccMeetingJune17. The public is strongly encouraged to watch the meeting on Monroe Coun- ty's MCTV Comcast Channel 76 or lis- ten to audio only from their phone by dialing (646) 518-9805 or (669) 900- 6833 and, when prompted, enter the Webinar ID#976 4888 7338 followed by the#key. The public can watch the meeting on- line by visiting the County's meeting portal 0 http://monroecountyfl.igm2, com/Citizens/Default.aspx and selecting the"Watch Live"banner to view with live closed captioning on an integrated page that includes the agenda/agenda backup. If a so comment on a par- ticular item on the public portion of the agenda when the meeting host and/ or the Mayor calls for speakers on the item you wish to comment on: a) If phoning-in: dial *9 to "raise your hand"to be recognized by the Zoom webinar monitor. b) If watching the meeting on- line:click on/open the live Zoom webinar link httpJ/www,mon- roecounty-fl.gov/BoccMeet- ingJunel7 that appears in both the published Agenda and Agen- da Packet. When prompted,en- ter your email address and name to join the webinar and then se- lect the "Raised Hand" feature that appears at the bottom of the Zoom webinar screen to be recognized by the meeting mon- itor. The meeting monitor/host will re- quest the item#you wish to speak on and enable your participation when the Mayor calls for public speakers on your item.To report problems with the broadcast,please call(305)872-8831. A person may submit written or other physical evidence on a particular agen- da item for consideration at the BOCC meeting to Lindsey Ballard via email to: ballard-lindsey@monroecounty-fl.gov or by mail to:The County Administra- tor's Office,1100 Simonton Street,Key West, FL 33040. The documents must be received by 3:00 p.m. on Monday, June 15,2020 and must include the sub- mitter's name,address,phone number and email address and the agenda item number the documents are regarding. 57 Public Notice Pursuant to Section 286.0105, Florida Statutes,notice is given that if a person decides to appeal any decision made by AMENDED NOTICE OF INTENTION TO the Board with respect to any matter CONSIDER ADOPTION OF COUNTY considered at such hearings or meet- ORDINANCE ings,he will need a record of the pro- ceedings, and that, for such purpose, NOTICE IS HEREBY GIVEN TO WHOM IT he may need to ensure that a verba- MAY CONCERN that on June 17,2020 at tim record of the proceedings is made, 1:30 P.M.,or as soon thereafter as may which record includes the testimony be heard,the Board of County Commis- and evidence upon which the appeal is sioners of Monroe County, Florida, in- to be based. tends to consider the adoption of the following County ordinance: ADA ASSISTANCE:If you are a person with a disability who needs special AN ORDINANCE BY THE BOARD OF accommodations in order to partici- COUNTY COMMISSIONERS OF MON- Pate in this proceeding,please contact ROE COUNTY, FLORIDA MANDATING the County Administrator's Office, by THAT INDIVIDUALS WEAR A FACE COV- phoning (305)292-4441, between the ERING IN PUBLIC IN CERTAIN CIRCUM- hours of 8:30 a.m.-5:00 p.m.,prior to STANCES; ESTABLISHING A MINIMUM the scheduled meeting;if you are hear- COUNTY-WIDE REQUIREMENT, EXCEPT ing or voice impaired, call"711".Live TO THE EXTENT OF A MUNICIPAL OR- Closed Captioning is available via our DINANCE IN CONFLICT;PROVIDING FOR web portal 0 http://monroecounty- SEVERABILITY;PROVIDING FOR EFFEC- fl.iam2.com/Citizens/Defaultasox for TIVE AND SUNSET DATES. Pursuant to Executive Order No. 20- 69(extended by Executive Orders No. ke 511@WS.COI?1 20-112 and 20-139), Monroe County y Emergency Directive 20-06, and the -- 1r—...i~ KUYVWLS'F TIE CITIZEN The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com RECEIVED MONROE CO ADMIN/BOCC THE HISTORIC GATO BUILDING JUN 2 9 2020 1100 SIMONTON ST SUITE 2-205 KEY WEST FL 33040 MONROE COUNTY ATTORNEY Account: 143331 Ticket: 345372 PUBLISHER'S AFFIDAVIT - NOTICE OF INTENTION TO CONSIDER ADOPTION OFKOUNTY ORDINANCE STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER INOTICE IS HEREBY GIVEN TO WHOM IT COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE MAY CONCERN that on June 17,2020 NOTICE IS HEREBY GIVEN TO WHOM IT at 1:30 P.M., or as soon thereafter as MAY CONCERN that on June 17,2020 may be heard,in the Murray E.Nelson Before the undersign authority personally appeared at 1:30 P.M., or as soon thereafter as Government Center, 102050 Overseas may be heard,in the Murray E.Nelson Highway, Key Largo, Monroe County,Florida,the Board of County Commis- 1 3`„ ;/�I f e3 Government Kt Largo,argr, 102050 Overseas unty, stoners of Monroe County,Florida, in- tends("Al y` �/ ,who on oath says that he or she is Highway, Key Monroe County, Ytends to consider the adoption of the Florida,the Board of County Commis following County ordinance: sioners of Monroe County,Florida, in- t/1 f)� U tends to consider the adoption of the y L of the Key West Citizen, a daily followingns Countye ordinthe p: AN ORDINANCE BY THE BOARD OF news a er published in Ke st, in Monroe County, Florida: that the attached ROE COTY COMMISSIONERS FLORIDA N MON- p p py y ROE COUNTY, FLORIDA MANDATING ANOF copy of advertisment,being a legal notice in the matter of Ordinance 6.17 was CO NRDINANCEUNTY COMMISSIOBYNERS OF MOO-N- THAT INDIVIDUALS WEAR A FACE COV- ERING IN PUBLIC IN CERTAIN CIRCUM- published in said newspaper in the issues of: ROE COUNTY, FLORIDA MANDATING STANCES; ESTABLISHING A MINIMUM THAT INDIVIDUALS WEAR A FACE COV- COUNTY-WIDE REQUIREMENT, EXCEPT ERING IN PUBLIC IN CERTAIN CIRCUM- TO THE EXTENT OF A MUNICIPAL OR- Wednesday, June 3.2020 STANCES; ESTABLISHING A MINIMUM DINANCE IN CONFLICT;PROVIDING FOR COUNTY-WIDE REQUIREMENT, EXCEPT SEVERABILITY;PROVIDING FOR EFFEC- TO THE EXTENT OF A MUNICIPAL OR- TIVE AND SUNSET DATES. DINANCE IN CONFLICT;PROVIDING FOR Affiant further says that the Key West Citizen is a newspaper published in Key TIVE VE ABILITY;ANDPROVIT SUNSET DATE IN S S.. FOR EFFEC- West, in said Monroe County, Florida and that the said newspapers has hereto- Pursuant to Section 286.0105, Florida fore been continuously published in said Monroe County, Florida every day. and Pursuant to Section 286.0105, Florida Statutes,notice is given that if a person Statutes,notice is given that if a person decides to appeal any decision made by has been entered as periodicals matter at the post office in Key West, in said decides to appeal any decision made by the Board with respect to any matter Monroe County, Florida, for a period of 1 year next preceding the first publication the Board with respect to any matter considered at such hearings or meet- consideredof the attached copyof advertisement; and affiant further says that he or she has will needt such rhecord s or meet-ro ings,nghe will andneed , recordor of tue pro- of Y ings,he a record of the pro- ceedings, that, for such purpose, neither paid nor promised any person,firm or corporation any discount, rebate, ceedings, and that, for such purpose, he may need to ensure that a verba- commission or refund for the purpose of securingthis advertisement for publica- he may need to ensure that a.verba- tim record of the proceedings is made, p p tim record of the proceedings is made, which record includes the testimony tion in the spid news which record includes the testimony and evidence upon which the appeal is and evidence upon which the appeal is to be based. to be based. ADA ASSISTANCE:If you are a person (St nature vf Affiant) ADA ASSISTANCE:If you are a person with a disability who needs special with a disability who needs special accommodations in order to partici- accommodations in order to partici- pate in this proceeding,please contact A Irm d d su scri ed before me this 4th dayof June 2020 pate in this proceeding,please contact the County Administrator's Office, by the phoningn3 Administrator's 2between the phoningours 8330 a.m. 5:00 p.m.,05)292-4441, een the no!at- t. hours of 8:30 a.m.-5:00 p.m., no lat- er than five(5)calendar days prior to er than five(5)calendar days prior to the scheduled meeting;if you are hear- (Notar ublic Ignatur the scheduled meeting;if you are hear- ing or voice impaired,call"711". Live �t�uru,, ing or voice impaired,call"711". Live Closed Captioning is available via our `ems.• web portal @ http:J/monroecountyfl 1 1t.I��4 Closed Captioning is available via our !'� r' web portal httpa/monroecountyfl iam2.cont for meetings of the Mon- Nota Pu lic Printed Name) (Not ''�- iom2.co712 for meetings of the Mon- roe County Board of County Commis- ( ry ��_- stoners. 'ae roe County Board of County Commis- h My commission expires 667774, stoners. Dated at Key West, Florida, this 28th ,,,,,110,' day of May,2020. KE Dated at Key West, Florida, this 28th VDOK, Ce (I) day of May,2020. cuuIV anINdMA ex officio Clerl k ofof F.7 Pc C KEVIN MADOK, Clerk of thethe CB Boardi t it ofCo County Commissioners rk of Personally Known X Produced Identification CD the Circuit Court and ex officio Clerk of Monroe County,Florida the Board of County Commissioners of m 06/03/20 Key West Citizen V., Monroe County,Florida Type of Identification Produced = 06/03/20 Key West Citizen Cam. v § o p lg NOTICE OF INTENTION TO RECEIVED CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO JUN 6 2020 WHOM IT MAY CONCERN that on June 17,2020 at 1:30P.M., II L or as soon thereafter as may be heard,in the Murray E. MONROE COUNTY ATTORNEY Nelson Government Center, 102050 Overseas Highway, Key Largo,Monroe County, Florida,the Board of County Published Weekly Commissioners of Monroe rids to Marathon,Monroe County,Florida County, da, y consider the adoption of the following County ordinance: PROOF OF PUBLICATION BOA°RDo COUNTY"E COMMISSIONERS OF MONROE COUNTY, STATE OF FLORIDA FLORIDA,MANDATING THAT COUNTY OF MONROE INDIVIDUALSOI I PUB IRC I FACE Before the undersigned authority CERTAIN CIRCUMSTANCES; ESTABLISHING A MINIMUM personally appeared JASON KOLER who COUNTY-WIDE REQUIREMENT, EXCEPT EXTENT OF on oath, says that he is PUBLISHER of AMUNICIIPPALiE ORDINANCE the WEEKLY NEWSPAPERS, a weekly IN CONFLICT;PROVIDING FOR newspaperpublished in Marathon, in PROVIDING PROVIDING FOR EFFECTIVE Monroe County, Florida: that the AND SUNSET DATES. 286.0105, attached copyof advertisement was Fursdantatute to ,inoon notice Florida Statutes,notice is published in said newspaper in the given that if a person decides to appeal any decision made issues of:(date(s)of publication) by the Board with respect to any matter considered at 1 / such hearings or meetings, {/' y/ G C he will need a record of the proceedings,and that,for such purpose,he may need to ensure that a verbatim record of the proceedings is Affiant further says that the said WEEKLY made,which record includes NEWSPAPERS is a newspaper published the testimony and evidence upon which the appeal is to at Marathon, in said Monroe County, be based. ADFlorida,and that the said newspaper has you are person ASSISTANCE:If you are a person with heretofore been continuously published a disability who needs special accommodations in In said Monroe County, Florida, once order to participate in this proceeeach week (on Thursday) and has been the County ease ontact the County Administrator's qualified as a second class mail matter at Office,by phoning(305) thepost office in Marathon, In Monroe of :30a. .-5:0 p.n m.,no of 8:30 a.m.-S:OO p.m.,no County, Florida,for a period of one year later than five(5)calendar days prior to the scheduled next preceding the first publication of meeting;if you are hearing the attached copy of advertisement.The orivoice impaired,Captionlling "7s1". Live Closed Captioning is affiant further says that he has neither available via our web portal paid nor promised any person, firm, or igm2..cco�mforroecount meetingsof corporation any discount, rebate, the Monroe County Board of County Commissioners. commission or refund for the purpose of Dated at Key West,Florida,this securing this advertisement for 28'"day of May,2020. KEVIN MADOK,Clerk of the publication in the said newspaper(s)and Circuit Court that The Weekly Newspapers is in full and ex officio Clerk of the Board compliance with Chapter 50 of the of County Commissioners of Monroe Florida State Statutes on Legal and County,Florida Official Advertisements. Publish: June 4,2020 .� The Weekly Newspapers S ri and subscribed before me t is fed off u ,2020. « CHARLOTTE HRUSKA (SE 1 _.: MY COMMISSION#GG 221835 EXPIRES:September 1,2022 .*F;;°; Bonded Thru Notary Public Underwriters Notary f !! 7 Marathon•Sunshine KeyBig Pine KeyNo Name Key•Little,Middle&Big Torch Key•Ramrod Key•Summerland KeyCudjoe KeySugarloaf Key , , . 7,11141 4 7 t d � ? „ , 4, ‘fit. , • .. 1 , , _, , ,. , 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 Phone: 305-872-0106 Fax: 305-515-2939 AFFIDAVIT OF PUBLICATION RECEIVED STATE OF FLORIDA JUN 1 0 2020 COUNTY OF MONROE MONROE COUNTY ATTORNEY Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Pine Key, Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of: LEGAL NOTICE: INTENT TO CONSIDER ORD FACIAL COVERINGS IN PUBLIC SPACES: COUNTY ADMINISTRATOR, HISTORIC GATO BUILDING 1100 SIMONTON ST., SUITE 2-205, KEY WEST, FL 33040 was published in said newspaper in the issue(s) of: JUNE 5, 2020 Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in said Monroe County, Florida each week and has been entered as first-class mail matter at the post office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in said newspaper. 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