Ordinance 025-2020 ORDINANCE NO. 025—2020
AN UNCODIFIED EMERGENCY ORDINANCE BY THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA AMENDING ORDINANCE NO. 023-
1010 CREATING SECTION 3.(5) ALLOWING
RESTAURANTS TO SELL FOOD TO CUSTOMERS
THROUGH DRIVE THROUGH, DELIVERY AND/OR
CURBSIDE SERVICES DURING THE HOURS OF 11:00 P.M.
AND 5:00 A.M.; CREATING SECTION 4.(2)c. PROVIDING
FOR A NO CONTEST FINE OF 5250 IN LIEU OF
CONTESTING AN ISSUED CITATION; 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 AUGUST 19, 2020; PROHIBITING
ALCOHOL SALES FROM 11 P.M.UNTIL 7 A.M.EACH DAY
STARTING AT 11 P.M.ON JULY 24,2020 AND ENDING AT
7 A.M.ON AUGUST 19,2020;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, despite several protective measures taken by the State and the County, the
infection rates have grown worse; and
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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
State; and
WHEREAS, Miami-Dade County is immediately adjacent to Monroe County and
Broward County is located between Miami-Dade and Palm Beach counties; and
WHEREAS, according to representatives of the Monroe County Tourist Development
Council, much of the summer tourism market in the Keys stems from residents of Miami-Dade,
Broward, and Palm Beach counties;and
WHEREAS,current research has shown that a leading means of spreading the virus is by
passage of aerosol particles exhaled by infected persons; and
WHEREAS, the CDC, State and Local Health Officials, as well as Monroe County have
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
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
there was but one opening day of lobster season; and
WHEREAS, in 2020, the lobster mini-season falls on July 29 and 30 and the regular
lobster season begins on August 6, 2020; and
WHEREAS,FWC has advised that, by far, Monroe County is the county most impacted
by mini-season in terms of the number of people participating in the season;and
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
community spread of the virus, including the patronizing of local restaurants and bars; and
WHEREAS, experience has demonstrated that many recreational lobster fishermen also
flock to the Keys at the opening of the regular lobster season in early August; and
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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
service,as amended on July I, 2020;and
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
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
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 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; 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, several other State and local jurisdictions across the country have mandated
curfews for restaurants and bars in their response to COVID-19; and
WHEREAS, Section l(t) 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 COVID-19; and
WHEREAS, adopting regulations via ordinance allows for enforcement through a variety
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
relief in circuit court; and
WHEREAS,the Florida Legislature has declared 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
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WHEREAS,F.S. 252.38(3)(a)(5) gives the County the power and authority to waive the
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;
and
WHEREAS, F.S. 125.66(3) permits the Board to waive the notice requirement and adopt
an ordinance by 4/5'h vote in emergency circumstances;
WHEREAS, at their July 27, 2020 meeting, the Board determined the prohibitions of
Ordinance No. 023-2020 should not prevent a restaurant from selling food to customers via drive
through, delivery and/or curbside service during the hours of 11 P.M. and 5 A.M.; and
WHEREAS, the Board further desired to provide an option for a person issued a citation,
who does not wish to contest the violation, to allow that person to pay a fine of$250 to the Clerk
of the Court in lieu of contesting the citation;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Ordinance No. 023-2020 is hereby amended to read in its entirety as follows:
SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings.
The Board further finds that an emergency exists that necessitates dispensing with the notice
requirements in F.S. 125.66.
SECTION 2. Definitions. The following definitions shall apply in this ordinance;
(I) 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.
(2) A bar is defined as any vendor licensed by the Department of Business and
Professional Regulations (DBPR) to sell alcoholic beverages for
consumption on premises.
(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
--- ---- -- individual.
SECTION 3. Mandatory requirements.
(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.
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(2) This prohibition does not prevent a bar or food service establishment from
having employees on premises during the hours when closed under this
ordinance to engage in food preparation, restocking supplies, cleaning the
establishment,or maintaining security.
(3) The operator of the bar and/or food service establishment shall ensure that
every individual in that bar and/or food service establishment complies with
this ordinance.
(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.
(5) This prohibition does not prevent a restaurant from selling food to
customers via drive through, delivery, and/or curbside service during the
hours of 11:00 P.M. and 5 A.M.
SECTION 4. Penalties and Enforcement. This ordinance may be enforced in the
following manner:
(1) Ouasi-Criminal Offense.
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 16'h 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
violation of this ordinance occurs is considered a separate
offense.
(2) Civil Citation.
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
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. Each day a violation of this
ordinance occurs is considered a separate offense.
c. If a person issued a citation does not wish to contest the
violation, that person may pay a fine of $250 to the Clerk of
Court in lieu of contesting the citation.
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(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
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
considered a separate offense.
(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
with that municipality.
(5) Private Right of Action. Any natural person may seek injunctive relief in
the Circuit Court for the 16th Judicial Circuit to enforce violations of this
section against a violator. Attorney's fees and costs incurred in an action to
enforce this ordinance may be awarded to the substantially prevailing party
at the discretion of the court.
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.
SECTION 6. 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. AU County ordinances
or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said
conflict.
,SECTION 7, Effective Date. This Ordinance shall take immediate effect upon adoption and
cil;ng with the Department of State and shall become enforceable at 11:00 P.M. on Friday July 24,
2020.
SECTION 8. Sunset Date. This ordinance shall sunset at 11:00 P.M.on Wednesday,August 19,
2020.
Page 6 of 7
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 but
with instructions not to 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 27th day of July 2020.
,( �•.. Mayor Heather Carruthers Yes
!\' "Ck, Mayor Pro Tem Michelle Coldiron Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK,Clerk OF MONROE CO Y FLORIDA
By: C By:
As Deputy Clerk Ma r H r Carruthers
r
N
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3 ri
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TTORNEY
1ABtM9nt.
Page 7 of 7
"...40, Kevin Madok, CPA
.. `
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
July 28, 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. 025-2020 uncodified emergency
Ordinance by the Board of County Commissioners 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 11:00 p.m. on July 24, 2020 and ending at 5:00 a.m. on August 19, 2020; prohibiting alcohol
sales from 11:00 p.m. until 7:00 a.m. each day starting at 11:00 p.m. on July 24, 2020 and ending
at 7:00 a.m. on August 19, 2020;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 stale and providing
for an effective and sunset date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
budget meeting, held in fornal session, on July 27, 2020. Should you have any questions please
fed free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
exollicio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.0
cc: Municipal Code
County Attorney
Code Enforcement
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH 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
July 28, 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. 025-2020, which was bled in this office on July 28,
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@municode.com
Sent: Monday, August 3, 2020 5:10 PM
To: Peters-Katherine@monroecounty-fl.gov; Pamela G. Hancock
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 21 Update 3
****THIS IS AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account.This material is being considered for
inclusion in your next/current update, Supplement 21 Update 3
Document Adopted Date Recorded Recorded Format
Ordinance No. 019-2020 7/15/2020 7/27/2020 PDF
Ordinance No. 020-2020 7/15/2020 7/27/2020 PDF
Ordinance No. 022-2020 7/15/2020 7/20/2020 PDF
Ordinance No. 023-2020 7/15/2020 7/20/2020 PDF
Ordinance No. 024-2020 7/21/2020 7/23/2020 PDF
Ordinance No. 025-2020 7/27/2020 8/3/2020 PDF
X
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
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