Item P10 P.10
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys a�i Mayor Pro Tem Michelle Coldiron,District 2
V Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: P.10
Agenda Item Summary #7061
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider amendments to Ordinance No. 014-
2020 adopted 6/17/20 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 COVID19 virus and resulting pandemic.
The Mayor first declared a state of local emergency on March 15, 2020 and has renewed that
declaration every week since. On June 17, 2020, the Board approved Ordinance No. 014-2020,
which required individuals to wear face coverings in business establishments open to the public and
provided for certain exceptions. A copy of that ordinance as adopted is attached.
At the County Attorney's recommendation, the ordinance is being brought back for another public
hearing. The hearing will provide the Board with the opportunity to assess the effectiveness of the
ordinance as currently drafted and make any modifications necessary to address any deficiencies in
the ordinance in light of the dynamic situation of the pandemic. The hearing will also provide the
public with the opportunity for additional feedback on the ordinance.
Because the number of infections grew rapidly since the adoption of the ordinance, the Emergency
Management Director issued Emergency Directive 20-10, which supplemented the requirement of
Ordinance 014-2020 by mandating that people carry facial coverings when away from home and
mandating that facial coverings be worn whenever a person is away from home and unable to engage
in social distancing. A copy of Emergency Directive 20-10 is attached.
As drafted, the proposed amendments to Ordinance 014-2020 would incorporate the same
supplemental measures imposed by Emergency Directive 20-10. It would also tweak the language
regarding schools and the requirements for facial coverings at public meetings, when social
distancing cannot be observed. A draft of the recommended changes is attached in 2 versions (clean
and tracked changes). Recommendations for additional changes may be developed between the
agenda deadline and the public hearing.
Packet Pg. 3819
P.10
PREVIOUS RELEVANT BOCC ACTION:
6/4/20 (B-2) Special Meeting—Board considered ordinance.
6/17/20 (0-11) BOCC adopted Ordinance No. 014-2020, as amended at the meeting
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance 014-2020 adopted 6/17/20 (PH 0-11)
Emergency Directive 20-10
Mask Ordinance with proposed language for July 15 2020 BOCC meeting TRACK CHANGES
Mask Ordinance with proposed language for July 15 2020 BOCC meeting CLEAN VERSION
Notice of PH Ord 014-2020 (CMT) BOCC 7 15 20 (7/1/20)
FINANCIAL IMPACT:
Effective Date: 6/18/2020
Expiration Date: To sunset 6/1/2021, subject to quarterly review.
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 06/30/2020 12:38 PM
Kathy Peters Completed 06/30/2020 4:39 PM
Board of County Commissioners Pending 07/15/2020 9:00 AM
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P.10.a
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 rr
SECRETARY OF STATE AND PROVIDING FOR AN 2
EFFECTIVE AND SUNSET DATE.
CD
WHEREAS,the Board of County Commissioners of Monroe County, Florida(hereinafter
"Board") finds that COVIDI9 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 E
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
Packet Pg. 3821
P.10.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
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 Cr
C
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, 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 2
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
N
WHEREAS, the Third District Court of Appeal has defined the term business N
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 W
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;
Page 2 of 6
Packet Pg. 3822
P.10.a
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:
(1) Face Covering. A "face covering" is a material that covers the nose and 0
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 2
by hand, or can be improvised from household items. N
N
(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)l (2019). A lodging establishment is a specific type of
business establishment.
SECTION 3. Recommended standards of conduct.
N
(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 N
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 0
Health.
Page 3 of 6
Packet Pg. 3823
P.10.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
populations should affirmatively inform their employer that they are a
member of a vulnerable population so that their employer can plan
accordingly.
N
N
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. 0
(2) The requirements of this section do not apply to:
a. Restaurant customers or patrons while dining and/or consuming U
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 0
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 inCD
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
Packet Pg. 3824
P.10.a
(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.
Cr
SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the 2
following manner:
N
(1) 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
Packet Pg. 3825
P.10.a
(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
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. 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 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 2
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 dune 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 171h day of June 2020.
Mayor Heather Carruthers Yes
Mayor Pro Tem Michelle Coldiron Yes -
'` Commissioner Craig Cates Yes :75 CD
s Commissioner David Rice Yes -- Q a,
Commissioner Sylvia Murphy Yes O0
(SEAL) BOARD OF COUNTY CONWISSIOPgRf
Attesti KEVIN MADOK, Clerk OF MONROE C RIDA�.
� a �
By: By:
As Deputy Clerk or er Carruthers
MONROE COUNTY ATTQANEy
AS TO .
Page 6 of 6
R,JR
Packet Pg. 3826
FLORIDA DEPARTMENT 0 STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
CJ
CD
June 18, 2020
Cr
2
CD
cv
CD
cv
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040 0,
Attention: Pam Hancock a
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,
0
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Packet Pg. 3827
rauvr�
P.10.a
Kevin Madok, CRA
-� Clerk of the Circuit Court& Comptroller—Monroe County, Florida
June 18,2020
Department of State
Administrative Code& Register
500 S Bronough Street 0
Tallahassee FL 32399-0250 0
To Whom It May Concern, Cr
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2
CD
Attached is an electronic copy of Ordinance No. 014-2020 an uneodified 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 severabiiity; 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, W
Kevin Madok,CPA,Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners '✓
cv
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by:Pamela G. Hancock, D.C.
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CC' Emergency Management
County Attorney
MunicCode
BOCc
File
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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. 3828 i
P.10.a
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
0
We have received your file.
Cr
Thank you and have a nice day.
cv
Ords Administrator cv
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 CD
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 N
County Name: Monroe
Ordinance Number: 2020-014
Pamela G. Hancock
Deputy Clerk
f
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller
500 Whitehead St, Key West, FL, 33040
1
Packet Pg. 3829
P 10.b
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor}leather Carruthers,District 3
The Florida Ke 5 Mayor Pro Tem Michelle Coldiron.District 2
y Craig Cates.District I
Dodd Rice,District 4
Sylvia J.Murphy,District 5
MONROE COUNTY EMERGENCY MANAGEMENT
EMERGENCY DIRECTIVE 20-10
June 26, 2020
SUBJECT: Mandatory Face Covering Ruies
WHEREAS,on March 1,2020,the Governor of Florida issued Executive Order Number 20- U
51,directingthe State Health Officer and Surgeon General to declare a Public Health Emergency due
to the discovery of COVID-19'novel Coronavirus in Florida;and rr
2
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WHEREAS, on March 9,2020,the Governor of Florida issued Executive Order Number 20-
CD
52, declaring a State of Emergency for the state of Florida related to COVID-I 9/novel Coronavirus;
and
c
WHEREAS, on March 11, 2020, the World Health Organization declared the spread of
COVID-19 to be a global pandemic; and, on March 13, 2020, President Trump declared a national
emergency concerning COVID-19; and
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 c
the procedures and formalities otherwise required of the political subdivision by law; and
WHEREAS,on March 15,2020, the County Mayor declared a State of Emergency in order
for the County to take actions to protect the health, safety, and welfare of the community due to the
novel coronavirus, COVID-19 pandemic; and
WHEREAS, that declaration and Section 11-3 of the Monroe County Code vest the
Emergency Management Director with the authority to issue emergency directives; and
c
WHEREAS, on March 24, 2020, the Governor of Florida issued Executive Order 20-83,
directing the Surgeon General and State Health Officer to issue a public health advisory to all persons
o e-1 65 years of age and to person with certain underlying conditions that place them at high risk of
LU
serious illness from COVID-19 to urge them to stay home and take measures to limit their exposure
to COVID-10; and
WHEREAS, conditions presented by the threat of COVID-19 continue to pose a threat to the
public health that requires dynamic emergency response,including the maintenance of existing orders,as
well as the imposition of additional directives and orders as conditions require; and
Doc#2271131 BI#3029 Pg#60
Recorded 6/26120:!0 4:14 PM Page 1 of 5
Filed and Recorded in Official Records of
MONROE COUNTY KEVIIV MAI)O[C,CPA
Packet Pg. 3830
P 10.b
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 0
WHEREAS,the CDC does not recommend wearing cloth face covering for children under the agecu
of 2,or anyone who has trouble breathing,or is unconscious,incapacitated or otherwise unable to remove
rr
the mask without assistance; and
N
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
c
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
WHEREAS, an increasing number of state and local governments throughout the United States
are requiring facial coverings to be warn in public; 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, 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
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
LU
DCA 2013); and
WHEREAS,the Florida Legislature has defined the term"transient public lodging establishment" E
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.
Packet Pg. 3831
P 10.b
WHEREAS, on June 17, 2020, the Board of County Commissioners adopted an ordinance
temporarily requiring people to where face coverings when inside of business establishments,as that term
was defined in the ordinance; and
WHEREAS, the number of infections has increased dramatically since the mask ordinance was
adopted; and
WHEREAS, the County's Emergency Management Director's interim rules are enforceable as
misdemeanors by law enforcement through F.S. 252.47 and F.S. 252.50; and
WHEREAS,on June 25,2020,the Florida Supreme Court concluded that a pandemic is a"natural
emergency" within the meaning of F.S. 252.34(8) and thus the government may enact emergency orders
pursuant to the State Emergency Management Act,see,Abramson v. DeSantis, SC20-646; and
0
WHEREAS, F.S. 252.46(2) authorizes local governments to issue orders for emergency
management purposes; and
rr
WHEREAS,the Board of County Commissioners has enacted Section 11-3 of the Monroe County 2
CD
Code,which delegates emergency management authority to the Emergency Management Director; and
N
WHEREAS, this rule is adopted pursuant to the authority set forth in F.S. 252.46(2) and Section
11-3 of the Monroe County Code.
c
NOW THEREFORE IT IS ORDERED THAT:
SECTION 1, Definitions. For purposes of this Directive, the following terms are defined as follows:
(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 c
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. W
(2) Business establishment. A"business establishment"means any location where any business
is conducted,goods are made or stored or processed or where services are rendered. The term
"business establishment" also include locations where non-profit, governmental, and quasi-
governmental entities facilitate public interactions and conduct business. The definition shall a
include the entire premises of the business establishment,whether owned or leased,regardless
of whether indoors or outdoors.
(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)l (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 c
the operation of the business, even if only for a period of time, regardless of the formal title
or role health by that individual.
(5) Social Distancing. "Social distancing" shall mean keeping space between yourself and other
persons by staying a minimum of six(6)feet away from another person.
Packet Pg. 3832
P 10.b
SECTION 2. Mandatory Requirements
(1) Every person over the age of six(6)who is away from his or her residence shall wear a face
covering when not able to engage in social distancing.
(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.
(3) Every operator, employee, customer or patron of a business establishment must wear a face
covering while at that business establishment unless able to engage in social distancing.
(4) The operator and employees of a business or lodging establishment shall ensure that every
individual in that establishment complies with this section, o
Cr
c
SECTION 3, Exceptions. Paragraphs(1)and(3)of Section 2 of this directive shall not apply to: 2
N
a. Restaurant and bar customers or patrons while dining and/or consuming `V
beverages while seated.
b. A gym patron engaged in a workout or class when able to engage in social
distancing with the next closest person.
c. Barbershop or beauty salon customers or patrons when wearing a face covering
would reasonably interfere with receiving services.
d. 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.
e. Any person who is under six (6) years of age, or is unconscious, incapacitated
or otherwise unable to remove the mask without assistance.
f. Public safety, fire, law enforcement, and other life safety personnel, as their
personal protective equipment requirements will be governed by their
respective agencies.
c
SECTION 4.. ADA ACCOMODATION. When a customer of a business establishment asserts 2
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
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. Severability. Any provision(s)within this Emergency Directive that conflict(s)with any
State or Federal law or constitution provision, or conflict(s) with or are superseded by a current or
subsequently-issued Executive Order of the Governor or the President of the United States, shall be
deemed inapplicable and deemed to be severed from this Emergency Directive,with the remainder of the
Emergency Directive remaining intact and in full force and effect.
Packet Pg. 3833
P 10.b
SECTION 6. Effective Date. This directive shall take effect upon filing with the Clerk pursuant to F.S.
252.46(2) and shall remain in effect until rescinded by subsequent order.
SECTION 7. Applicability. This directive shall apply countywide except within a municipality that
has adopted a stricter measure.
SECTION 8. Enforcement. Violations of this order may be investigated by the code compliance
department for the local government with jurisdiction over the location of the property. Enforcement
action may be taken by any state or local law enforcement officer including State Attorney investigators.
Violations of this order may be prosecuted by pursuant to F.S. 252.50 with a maximum penalty of up to �?
60 days in jail and a maximum of$500 fine per occurrence. Each violation shall constitute a separate
occurrence. ,
0
c
Dated this 26th day of June,2020 at 4:00 pm.
rr
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Signed:
Shannon Weiner, Emergency Management Director
c
Approved as to form and legal sufficiency by:
Robert B. Shillinger
Monroe County Attorney
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Packet Pg. 3834
P.10.c
CL
ORDINANCE NO. -2020
AN UNCODIFIED ORDINANCE BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA AMENDING ORDINANCE 014-2020 TO
MANDATE THAT INDIVIDUALS WEAR A FACE
COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES;
ESTABLISHING A MINIMUM COUNTY-WIDE W
REQUIREMENT, EXCEPT TO THE EXTENT OF A
MUNICIPAL ORDINANCE IN CONFLICT; PROVIDING
FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL =
ORDINANCES INCONSISTENT HEREWITH; PROVIDING U
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 COVIDI9 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 U
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 M
or possibly be inhaled into the lungs; and studies and evidence on infection control report that N
these droplets usually travel around 6 feet(about two arms lengths);and CD
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-
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, 0
or sneezing—even if those people are not exhibiting symptoms;and ay
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 0.
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-
Page 1 of 8
Packet Pg. 3835
P.10.c
CL
it-yourself'coverings for people that cannot or do not want to buy one from the increasing sources
producing and selling coverings;and
WHEREAS,the Board finds it is in the best interest of public health,safety and welfare '2
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 COVID 19;and
WHEREAS,the Board finds the inconvenience of an ordinance requiring the use of face W
coverings or other suitable face coverings is minimal compared to the risk to the health, safety, 0
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
e(
WHEREAS,Section I(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 u
WHEREAS,the State of Florida has not preempted local governments from regulating in
the field of minimum health requirements with respect to COVID19;and U
0
WHEREAS, the County's Emergency Management Director has issued interim rules CD
requiring the use of face coverings pursuant to the authority vested in her by Section 11-3 of the N
CD
County Code that are enforceable as misdemeanors by law enforcement through F.S.252.47 and N
F.S.252.50;and LO
WHEREAS, adopting regulations via ordinance would permit additional enforcement 75
options through code compliance and injunctive relief,and
0
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 0
0
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 0
Page 2 of 8
Packet Pg. 3836
P.10.c
CL
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)lid
O
WHEREAS,on June 17 2020 the Board of County Commissioners adopted Ordinance
hlo.: 014-2020 requiring pea_1e to where face coverings when inside of business establishments,
as that term was defined in the ordinance until the ordinance sunsets;and
WHEREAS,the number of infections has increased dramatical1v since the mask ordinance W
was adopted;and C9
Z
WHEREAS.on June 26,2020,the Emergency Management Director issued Lmergencv
Directive 20-10,which expanded upon the requirements in Ordinance 014-2020 by mandating that
facial coverings been carried by any person over six who is away from home by requiring such
persons to wear masks when unable to engage in social distancing from another person;and
WHEREAS, the Board desires to incorporate these new requirements into its ordinance
so as to authorize additional enforcement mechanisms unavailable for enforcing an emergencv
directive and- _ u
WHEREAS.the Florida Legislatures has stated that'[s Iafeguarding the life and property
of its citizens is an innate responsibility of the governing body of each political subdivision of the U
state"such as Monroe County and its five municipalities;F.S.252.38.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY N
COMMISSIONERS OF MONROE COUNTY,FLORIDA THAT- Ul)
Ordinance 014-2020 is herebv amended as follows: Formatted:Left
SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings.
0
SECTION 2. Definitions. For purposes of this ordinance,the following terms are defined as a)
follows:
(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 0
items. 0
(2)Business establishment. A "business establishment" means a location �,,:,t. ^ °-^n+
°erhead+indei:2y�.:- where any business is conducted,goods are made or stored or
processed or where services are rendered. The term "business establishment" also
include locations where non-profit, governmental, and quasi-governmental entities
facilitate public interactions and conduct business. The term shall inchzde the entire
premises of the business establishment, whether owned or leased, regardless of =�
whether indoors or outdoors. The term does not include include educational
Page 3 of 8
Packet Pg. 3837
P.10.c
institutions operating within Monroe Countv,which have adopted their own protocols.
ndef 4e age o+fob
(3.Lodging establishment. A "lodging establishment" shall have the same meaning as '2
the term"transient public lodging establishment"has in F.S. 509.013(4)(a)l (2019).
A lodging establishment is a specific type of business establishment.
U)
(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.
e(
(5) Social Distancing. "Social distancing" shall mean keeping space between vourself
and ogler persons by staving a minimum of six(6)feet awav from another person.
04
SECTION 3. Recommended standards of conduct.
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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 0
general mitigation guidance. Those living with vulnerable individuals should be 0
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.
Page 4 of 8
03
Packet Pg. 3838
P.10.c
CIL
(1) Every person over the age of six(6)who is away from his or her residence shall
swear a face coverine when closer than 6 feet to another person with whom he
or she does not reside.
O
(2) Every person over the age of six(6)who is away from his or her residence shall >
4-carry a face covering capable of immediate use.
(3) Each operator manager—shall establish rules for that business
establishment that encourage social distancing.hand washing.and other protective
measures for customers and employees based upon guidelines 7ovided by the Z
Centers of Disease Control and the State_Det7 of Health._ _
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An o erator , manager, employee, customer or patron of a business < Formatted:Font:(Default)Times New Roman,
establishment must wear a face covering while in that business establishment when ��Formatted:Right: 0.06"
Linable to enaaae in social distanchn6.
Formatted:Font:(Default)Times New Roman,
,_The requirements of this section do not apply to: Formatted:Font:(Default)Times New Roman, W
E
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 M
distancing exists with the next closest patron. CD
c. Barbershop or beauty salon customers or patrons when wearing a face C44
covering would reasonably interfere with receiving services. N
d. Business opLO
erators�s,n b€rs,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 operator-,A b€ 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.
ffA lodging establishment guest when inside of the lodging unit including -�
but not limited to a hotel room, motel room, vacation rental unit, y
timeshare unit,or similar unit. 0
Partici_ants in public meetings held pursuant to F.S.286.011,provided 0
that the participant without a face covering, is engaged in social
distancing.
Jr{�, An 4w—+r operator;_ 4 n^ber, and/or employee of a business or
lodging establishment shall ensure that every individual in that
establishment complies with this section.
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Page 5 of 8
Packet Pg. 3839
P.10.c
CL
When a customer of a business establishment asserts that he or she has a
disability that prevents the individual from wearing a mask, the
o_erator -, g€ or employee of the business establishment may
exclude the individual,even if they have a disability,as they pose a direct '00
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 U)
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.
CJ
SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the
following manner:
e(
(1) Civil Citation.
a. A county or municipal code compliance or county, municipal
or state law enforcement officer may, upon observation of a
violation by a person who does not immediately put on a face E
covering after receiving a warning,issue a notice to appear or
civil citation to appear in County Court. 0
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. c44
LO
(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 0
of violation and notice to appear before the code compliance a
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. 0
a. The State Attorney of the 16' Judicial Circuit and/or the County 0
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 6 of 8
03
Packet Pg. 3840
P.10.c
CL
(4) Private Right of Action. Any natural person may seek injunctive relief in
the Circuit Court for the 16r1'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
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.
CJ
SECTION 6. 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 F®
shall not be affected by such invalidity. �s
SECTION 7. Applicability and Conflict. This ordinance is intended to have countywide 0
as
application except within a municipality which has adopted an ordinance in conflict this this
ordinance pursuant to Article VIII,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. M
CD
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SECTION 8. Effective Date. This Ordinance shall take immediate effect upon adoption and Cy
shall be filed with the Department of State. to
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.
0
SECTION 10. Codification. Due to the temporary nature of this ordinance,the Board directs the a)
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.
03
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida,at a regular meeting of said Board held on the 15r1'day of July 2020.
0
Mayor Heather Carruthers 0.
Mayor Pro Tem Michelle Coldiron
Commissioner Craig Cates
Commissioner David Rice
Commissioner Sylvia Murphy
0
0
03
0
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Page 7 of 8
03
Packet Pg. 3841
P.10.c
CL
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA
By. By.
Deputy Clerk Mayor
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Page 8 of 8
03
Packet Pg. 3842
P.10.d
ORDINANCE NO. -2020
AN UNCODIFIED ORDINANCE BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA AMENDING ORDINANCE 014-2020 TO 2
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 COVID19 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 E
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 ca
CD
or possibly be inhaled into the lungs; and studies and evidence on infection control report that N
these droplets usually travel around 6 feet(about two arms lengths); and
LO
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 a
CD
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 0
and help people who may have the virus and do not know it from transmitting it to others; and 0
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 E
CDC states they can be made from household items and provides online guidance for making"do-
Page 1 of 7
Packet Pg. 3843
P.10.d
it-yourself' coverings for people that cannot or do not want to buy one from the increasing sources
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
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, .2
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 v)
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, w
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 E
the field of minimum health requirements with respect to COVID 19; 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 LO
F.S. 252.50; and
WHEREAS, adopting regulations via ordinance would permit additional enforcement 0
options through code compliance and injunctive relief, and a,
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 0
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
Page 2 of 7
Packet Pg. 3844
P.10.d
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
WHEREAS, on June 17, 2020, the Board of County Commissioners adopted Ordinance
No.: 014-2020 requiring people to where face coverings when inside of business establishments,
as that term was defined in the ordinance until the ordinance sunsets; and
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 been carried by any person over six who is away from home by requiring such v)
persons to wear masks when unable to engage in social distancing from another person; and
z
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
WHEREAS, the Florida Legislatures has stated that"[s]afeguarding the life and property E
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. 0
CD
cv
CD
cv
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY LO
COMMISSIONERS OF MONROE COUNTY, FLORIDA THATOrdinance 014-2020 is
hereby amended as follows:
0
SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. a)
SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as
follows:
(1) Face Covering. A "face covering" is a material that covers the nose and mouth. It 0.
can be secured to the head with ties or straps or simply wrapped around the lower face.
0
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.
(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 include locations where non-profit,
governmental, and quasi-governmental entities 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.
Page 3 of 7
Packet Pg. 3845
P.10.d
The term does not include include educational institutions operating within Monroe
County, which have adopted their own protocols.
(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 .2
the formal title or role health by that individual
(5) Social Distancing. "Social distancing" shall mean keeping space between yourself
and other persons by staying a minimum of six (6) feet away from another person. U)
w
SECTION 3. Recommended standards of conduct.
�t
(1) Vulnerable Populations. Individuals older than 65 years of age and individuals with W
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 E
t�
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 ca
CD
to work or other environments where distancing is not practiced. Vulnerable N
populations should affirmatively inform their employer that they are a member of a LO
vulnerable population so that their employer can plan accordingly.
SECTION 4. Mandatory requirements.
0
W Every person over the age of six (6) who is away from his or her residence shall
wear a face covering when closer than 6 feet to another person with whom he or
she does not reside.
Q 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
tD Each operator shall 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.
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.
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P.10.d
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 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 employees. This
exception does not apply to employees who are present in the kitchen v)
or other food and beverage preparation area of a restaurant or food
establishment. When an operator or employee is in their place of z
employment but not within six feet of another person, that owner, w
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, E
timeshare unit, or similar unit.
g. Participants in public meetings held pursuant to F.S. 286.011,provided
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that the participant without a face covering is engaged in social
distancing.
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An operator , and/or employee of a business or lodging establishment shall >,
75
ensure that every individual in that establishment complies with this section.
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tD When a customer of a business establishment asserts that he or she has a a)
disability that prevents the individual from wearing a mask, the operatoror
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 when not wearing a facial covering, even if
asymptomatic, and shall accommodate the disabled individual in a manner 0
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:
(1) Civil Citation.
a. A county or municipal code compliance or county, municipal,
or state law enforcement officer may, upon observation of a
violation by a person who does not immediately put on a face
Page 5 of 7
Packet Pg. 3847
P.10.d
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 M
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 v)
W
ordinance may be fined pursuant to part I of chapter 162,Florida
Statutes. z
w
(3) Injunctive relief. to
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 E
violations that occur in a municipality that has adopted an ordinance in
conflict with this ordinance.
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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. LO
(4) 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 0
section against a violator. Attorney's fees and costs incurred in an action to a,
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 0
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. Severabili If an section subsection sentence clause or provision of this
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ordinance is held by a court of competent jurisdiction to be invalid,the remainder of this ordinance
shall not be affected by such invalidity.
Page 6 of 7
Packet Pg. 3848
P.10.d
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 o
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.
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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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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15th day of July 2020.
Mayor Heather Carruthers
Mayor Pro Tem Michelle Coldiron 0
Commissioner Craig Cates N
Commissioner David Rice
Commissioner Sylvia MurphyLO
0
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(SEAL) BOARD OF COUNTY COMMISSIONERSCD
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
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By: By:
Deputy Clerk Mayor
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Packet Pg. 3849
P.10.e
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 15,2020 at 1:30 P.M.,
or as soon thereafter as may be heard,the Board of County Commissioners of Monroe County,Florida,
will hold a public hearing regarding the following County Ordinance: >
U
ORDINANCE NO. 014-2020
AN ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
MANDATING THAT INDIVIDUALS WEAR A FACE
COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES;
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ESTABLISHING A MINIMUM COUNTY-WIDE 2
REQUIREMENT, EXCEPT TO THE EXTENT OF A cv
MUNICIPAL ORDINANCE IN CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR EFFECTIVE AND
SUNSET DATES.
Pursuant to Executive Order No. 20-69 (extended by Executive Orders No. 20-112, 20-139 and 20-150),
Monroe County Emergency Directive 20-06, and the Center for Disease Control("CDC)social distancing
guidelines established to contain the spread of the COVID-19 virus, this meeting will be conducted via
Communication Media Technology ("CMT") using a Zoom Webinar platform @
hgps://www.monroecounly-fl.!,2�ov/BoccMeetin!,2�July15. s
The public is strongly encouraged to watch the meeting on Monroe County's MCTV Comcast
Channel 76 or listen to audio only from their phone by dialing (646) 518-9805 or (669) 900- 6833 �-
and,when prompted, enter the Webinar ID#966 7596 0018 followed by the# key.
The public can watch the meeting online by visiting the County's meeting portal @
hqp://monroecounlyfl.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. LO
If a person wants to comment on a particular 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: 0
a) If phoning-in: dial *9 to "raise your hand" to be recognized by the Zoom webinar
monitor.
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b) If watching the meeting online: click on/open the live Zoom webinar link
https://www.monroecounty-fl.!2�ov/BoccMeetin!2�Julyl5 that appears in both the
published Agenda and Agenda Packet. When prompted, enter your email address and -�
name to join the webinar and then select the "Raised Hand" feature that appears at the
bottom of the Zoom webinar screen to be recognized by the meeting monitor. CL
0
The meeting monitor/host will request the item # you wish to speak on and enable your participation 0)
when the Mayor calls for public speakers on your item. To report problems with the broadcast,please z
call (305) 872-8831. Z
A person may submit written or other physical evidence on a particular agenda item for consideration at
the BOCC meeting to Lindsey Ballard via email to: ballard-lindseyna monroecounty-fl.gov or by mail to:
The County Administrator's Office, 1100 Simonton Street, Key West,FL 33040. The documents must
be received by 3:00 p.m. on Monday,July 13,2020 and must include the submitter's name,address,
phone number and email address and the agenda item number the documents are regarding.
Packet Pg. 3850
P.10.e
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, 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 made, which record includes the testimony and evidence upon which the appeal is
to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding,please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. -5:00 p.m., no later than five(5)calendar days prior to the scheduled meeting,
if you are hearing or voice impaired, call "711': Live Closed Captioning is available via our web portal 0
@ htq!.11monroecountyfr igm2.com for meetings of the Monroe County Board of County
Commissioners.
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Dated at Key West, Florida, this 24th day of June, 2020.
cv
KEVIN MADOK, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Wed) 7/1/20—Account# 143331 (BOCC)
Keys Weekly(Th) 7/2/20 -Account#2074 (BOCC)
News Barometer (Fr) 7/3/20 -Account#NB007 (BOCC) s
2
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Packet Pg. 3851