Item C1 C.1
Coup of Monroe BOARD OF COUNTY COMMISSIONERS
i, Mayor Heather Carruthers,District 3
Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys
d Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 21, 2020
Agenda Item Number: C.1
Agenda Item Summary #7148
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider revisions to Ordinances 022-2020
(amended mask ordinance) and 023-2020 (closures during lobster mini season) due to the continuing
spike in cases of COVID-19.
ITEM BACKGROUND: The Mayor called the 7/21/20 Special Meeting for the purpose of discussing
the continuing spike in cases of COVID-19, asking the Fish and Wildlife Commission to cancel mini-season,
closing boat ramps, etc. and other protective measures to minimize the anticipated influx of persons from
outside of the County to participate in the July 29-30 lobster season, given the alarming increase in
the number of infections from COVID-19.
In the event the Board desires to amend Ordinances 022-2020 (updated mask ordinance) and 023-
2020 (closure of restaurants &bars between 11 pm and 5 am and limitation on alcohol package sales
between 11 pm and 7 am between from 7/24 to 8/19), this public hearing satisfies the requirements
for the adoption of an emergency ordinance by the Board, noting the waiver of published notice
requirements for adoption of an emergency ordinance, provided there is a 4/51h vote by the
Commission.
PREVIOUS RELEVANT BOCC ACTION:
7/15/20 (P-12) Board adopted Emergency Ordinance No. 023-2020 setting closure dates and times
for bars, restaurants and food service establishments and dates/times banning the
sale of alcohol
7/15/20 (P-10) Board adopted Ordinance No. 022-2020 amending Ordinance No. 014-2020
adding criminal enforcement actions, making previously recommended actions
mandatory, etc.
7/8/20 (D) As a result of discussion re: COVID-19 during Commissioner's Comments, the
Board directed the County Attorney to draft ordinance regarding protective
measures in response to the increase in COVID-19 cases
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6/17/20 (0-11) Board adopted Ordinance No. 014-2020 requiring facial coverings and setting
forth enforcement measures
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
Emergency Ordinance No. 023-2020 mini season curfew alcohol ban BOCC 7 15 20 (P12)
Ordinance No. 022-2020 amending Ordinance No. 014-2020 req face coverings, adding crininal
penalties BOCC 7 15 20 (P10)
Ordinance No. 014-2020 req face covering (COVID-19) BOCC 6 17 20
FINANCIAL IMPACT:
Effective Date: TBD
Expiration Date: TBD
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
n/a
REVIEWED BY:
Bob Shillinger Completed 07/20/2020 12:23 PM
Kathy Peters Completed 07/20/2020 12:24 PM
Board of County Commissioners Pending 07/21/2020 9:00 AM
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ORDINANCE NO. 023 -2020
AN UNCODIFIED EMERGENCY ORDINANCE BY THE
BOARD OF COUNTY COMNUSSIONERS 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 P.M. ON JULY 24, 2020 AND ENDING AT 5 A.M. ON v
AUGUST 19,2020; PROHIBITING ALCOHOL SALES FROM c
11 P.M.UNTIL 7 A.M.EACH DAY STARTING AT 11 P.M.ON
,DULY 24, 2020 AND ENDING AT 7 A.M. ON AUGUST 19,
2020; ESTABLISHING A MINIMUM COUNTY-WIDE
REQUIREMENT, EXCEPT TO THE EXTENT OF A d
MUNICIPAL ORDINANCE IN CONFLICT; PROVIDING N
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING N
FOR TRANSMITTAL TO THE SECRETARY OF STATE ,
AND PROVIDING FOR AN EFFECTIVE AND SUNSET
DATE. v
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WHEREAS,the Board of County Commissioners of Monroe County,Florida(hereinafter m
"Board") finds that COVID-19 presents a danger to the health, safety, and welfare of the public;
and °
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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
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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 0
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WHEREAS, the CDC advises that a significant portion of individuals with coronavirus
lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- E
symptomatic") can transmit the virus to others before showing symptoms. This means that the N
virus can spread between people interacting in close proximity—for example,speaking,coughing, N
or sneezing-even if those people are not exhibiting symptoms; and N
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WHEREAS, despite several protective measures taken by the State and the County, the z0
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 0
State; and
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WHEREAS, Miami-Dade County is immediately adjacent to Monroe County and
Broward County is located between Miami-Dade and Palm Beach counties; and W
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WHEREAS, according to representatives of the Monroe County Tourist Development ;
Council, much of the summer tourism market in the Keys sterns from residents of Miami-Dade,
Broward, and Palm Beach counties; and o
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WHEREAS,current research has shown that a leading means of spreading the virus is by
passage of aerosol particles exhaled by infected persons;and
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WHEREAS, the CDC, State and Local Health Officials, as well as Monroe County have v
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 °-
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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 ti
there was but one opening day of lobster season; and
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WHEREAS, in 2020, the lobster mini-season falls on July 29 and 30 and the regular
lobster season begins on August 6,2020; and
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WHEREAS, FWC has advised that,by far, Monroe County is the county most impacted 0
by mini-season in terms of the number of people participating in the season; and
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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 E
community spread of the virus, including the patronizing of local restaurants and bars;and N
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WHEREAS, experience has demonstrated that many recreational lobster fishermen also 0
flock to the Keys at the opening of the regular lobster season in early August; and z°
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 c
service, as amended on July 1, 2020; and
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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 E
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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 o
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WHEREAS, the Board finds it is in the best interest of public health, safety and welfare 0)
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; andCD
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WHEREAS, the Board finds implementation of this ordinance is necessary for the N
preservation of the health, safety,and welfare of the community; and
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WHEREAS, several other State and local jurisdictions across the country have mandated
curfews for restaurants and bars in their response to COVID-19; and m
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WHEREAS,Section 1(f) of Article VIII of the Florida Constitution vests the Board with
the authority to enact ordinances having countywide effect that are not inconsistent with state law,
provided that such ordinance shall not be effective within a municipality that has adopted an 0
ordinance in conflict with the County ordinance, to the extent of such conflict; and
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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 u
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 E
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relief in circuit court; and "'
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WHEREAS,the Florida Legislature has declared that"[s]afeguarding the life and property o
of its citizens is an innate responsibility of the governing body of each political subdivision of the z6
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 c
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;
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WHEREAS, F.S. 125.66(3) permits the Board to waive the notice requirement and adopt
an ordinance by 4/5'vote in emergency circumstances. W
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY ;
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. Q
The Board further finds that an emergency exists that necessitates dispensing with the notice
requirements in F.S. 125,66.
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SECTION 2. Definitions. The following definitions shall apply in this ordinance. v
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(1) 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.
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(2) A bar is defined as any vendor licensed by the Department of Business and N
Professional Regulations (DBPR) to sell alcoholic beverages for
consumption on premises. N
(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 0
individual.
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SECTION 3. Mandatory requirements. 0
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(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 0
ordinance to engage in food preparation, restocking supplies, cleaning the
establishment,or maintaining security. o
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(3) The operator of the bar and/or food service establishment shall ensure that M
every individual in that bar and/or food service establishment complies with o
this ordinance. 6
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(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.
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SECTION 4. Penalties and Enforcement. This ordinance may be enforced in the ;
following manner:
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(1) Quasi-Criminal Offense. s'
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 160'Judicial Circuit. o
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 M
offense.
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(2) Civil Citation. °D
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 v
appear in County Court.
b. Any person or business establishment prosecuted under this m
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.
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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 o
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 o
considered a separate offense. N
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(4) Iniunctive relief.
a. The State Attorney of the 16`h Judicial Circuit and/or the County z6
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.
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(5) Private Right of Action. Any natural person may seek injunctive relief in
the Circuit Court for the 10h 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 0.
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. o
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SECTION 6. Applicability and Conflict. This ordinance is intended to have countywide W
application except within a municipality which has adopted an ordinance in conflict this this n=.
ordinance pursuant to Article VtH, Section 1 of the Florida Constitution. All County ordinances N
or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said d
conflict,
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S„ECTj(IN 7. Effective Date. This Ordinance shall take immediate effect upon adoption and ti
filing with the Department of State and shall become enforceable at 11:00 P.M. on Friday July 24,
2020.
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SECTION 8. Sunset Date. This ordinance shall sunset at 11:00 P.M.on Wednesday, August 19,
2020. °
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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 but12
with instructions not to 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 15d' day of July 2020. u
Mayor Heather Carruthers Yes 7
Mayor Pro Tem Michelle Coldiron Yes N
$ Commissioner Craig Cates Yes J
Commissioner David Rice Yes
(KEVIN
Commissioner Sylvia Murphy Yes _ _ 6
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BOARD OF COUNTY COMM�.SSTON�.S MADOK, Clerk OF MONROE CO NT ORIDA
( ' CD
As Deputy Clerk may6r HtWer Carruthers
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ORDINANCE NO.022 . 2020
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AN UNCODIFIED ORDINANCE BY THE BOARD OF �-
COUNTY COMMISSIONERS OF MONROE COUNTY, N
FLORIDA AMENDING ORDINANCE NO. 014-2020 TO
MANDATE THAT INDIVIDUALS WEAR A FACE
COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES;
ESTABLISHING A MINIMUM COUNTY-WIDE m
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 L
DATE.
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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
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WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads 0
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 d
these droplets usually travel around 6 feet (about two arms lengths); and N
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WHEREAS, the CDC advises that a significant portion of individuals with coronavirus
lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- 0
symptomatic") can transmit the virus to others before showing symptoms. This means that the Z
virus can spread between people interacting in close proximity—for example,speaking,coughing,
or sneezing—even if those people are not exhibiting symptoms; and
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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 c'
and help people who may have the virus and do not know it from transmitting it to others; and
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WHEREAS,the CDC does not recommend wearing cloth face covering for children under o
the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise o
u„?hh-to remove the mask without assistance; and C'
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WHEREAS, the CDC recommends only simple cloth face coverings for the general z6
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
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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 N
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WHEREAS, the Board finds it is in the best interest of public health, safety and welfare v
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 CDVID-19; and m
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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
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WHEREAS, Section 1(f)of Article VUI 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 o'
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WHEREAS,the State of Florida has not preempted local governments from regulating in
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the field of minimum health requirements with respect to CDVID-19; and Cr
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WHEREAS, the County's Emergency Management Director has issued interim rules o
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 CD
F.S. 252.50; and z6
WHEREAS, adopting regulations via ordinance would permit additional enforcement
options through code compliance and injunctive relief; and c
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WHEREAS, 28 C.F.R. 36.208, the implementing regulations for the Americans with 0
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 E
the health or safety of others; and customers with disabilities who may be unable, due to their N
disability, to wear a face mask may access the goods and services of the businesses through the N
provisions of curbside service or home delivery; and N
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WHEREAS, the Third District Court of Appeal has defined the term business z°
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 Z
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WHEREAS, the Florida Legislature has defined the term "transient public lodging
establishment"to mean "any unit,group of units, dwelling,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 u
held out to the public as a place regularly rented to guests." See, F.S. 509.013(4)(a)1; and
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WHEREAS, on June 17, 2020, the Board of County Commissioners adopted Ordinance
No. 014-2020 requiring people to wear face coverings when inside of business establishments, as m
that term was defined in the ordinance until the ordinance sunsets, and
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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 be carried by any person over the age of six who is away from home by
requiring such persons to wear masks when unable to engage in social distancing from another
person; and
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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
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WHEREAS,the Florida Legislature has stated that "[slafeguarding the life and property d
of its citizens is an innate responsibility of the governing body of each political subdivision of the o
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 Z
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Ordinance No. 014-2020 is hereby amended as follows: z�
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(Added language is underlined; deleted language is stricken through.)
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SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings.
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SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as N
follows: N
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(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 items.
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(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 includes o
locations where non-profit, governmental, and quasi-governmental entities N
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. The term does not include
educational institutions operating within Monroe County, which have adopted m
their own protocols. a'
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(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 the formal title or role health by that individual.
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(5) Social Distancing. "Social distancing" shall mean keeping space between o
yourself and other persons by staying a minimum of six (6) feet away from
another person.
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SECTION 3. Recommended standards of conduct. N
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(1) Vulnerable Populations. Individuals older than 65 years of age and
individuals with a serious underlying medical condition (such as chronic o
lung disease,moderate-to-severe asthma,serious heart conditions,immune- z6
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
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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 W
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SECTION 4. Mandatory requirements. o
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(1) Every person over the age of six (6) who is away from his or her residence z
shall wear a face covering when closer than 6 feet to another person with
whom he or she does not reside. c
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(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.
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(3) Each operator shall establish rules for that business establishment that
encourages 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. N
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(4) Each operator of a business establishment must close that establishment to v
the public for at least 3 days if the operator or an employee of the
establishment tests positive for COV1D-19. Before reopening,the operator m
must disinfect the premises of the business establishment according to a'
guidelines provided by the Centers for Disease Control and the Department
of Health. Any operator or employee exposed to the positive employee
must quarantine and/or isolate for 14 days from the date of last contact with
the infected employee or until a valid negative test for COV1D-19. The
closure provision does not apply to essential businesses as defined by U
Executive Order 20-91,as amended.
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(5) 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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(6) The requirements of this section do not apply to:
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a. Restaurant customers or patrons while dining and/or consuming
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beverages while seated at a table
b. A gym patron engaged in a workout or class where at least 6 feet N
of distancing exists with the next closest patron. N
c. Barbershop or beauty salon customers or patrons when wearing
a face covering would reasonably interfere with receiving o
services. z
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 z�
employees. When an operator or employee is in their place of
employment but not within 6 feet of another person, that
operator or employee does not need to wear a facial covering.
This exception does not apply to operators and employees who E
are present in the kitchen or other food and beverage o
preparation area of a restaurant or food establishment. N
e. Bar patrons while consuming beverages and/or food. N
f. A lodging establishment guest when inside of the lodging unit o
including but not limited to a hotel room, motel room, vacation z6
rental unit, timeshare unit,or similar unit.
g. Participants in public meetings held pursuant to F.S. 286.011,
provided that the participant without a face covering is engaged
Z
in social distancing.
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(7) An operator and/or employee of a business or lodging establishment shall
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ensure that every individual in that establishment complies with this section.
0
(8} When a customer of a business establishment asserts that he or she has a N
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disability that prevents the individual from wearing a mask or facial
covering, the operator or employee of the business establishment may v
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 m
wearing a facial covering, even if asymptomatic, and shall accommodate a
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.
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SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the
z�
following manner:
(1) Quasi-Criminal Offense.
A. Any state, county. or municipal law enforcement officer may L
arrest or issue a notice to g2gar for any knowing and intentional >
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violations committed in his or her presence or through
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procurement of an arrest warrant. Violations shall be prosecuted
42
by the State Attorney of the 16"Judicial Circuit. Cr
b. A pgrson found in violation ma be punished by gp to 60 days d
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in the County Jail and/or a fine of up to $500. Each day a N
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violation of this ordinance occurs is considered a Mar
offense. o
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(2) Civil Citation.
a• A county or municipal code compliance or county, municipal,
or state law enforcement officer may, upon observation of a c
violation by a person who does not immediately put on a face
covering after receiving a warning, issue a notice to appear or 0,
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 E
punished by a fine of up to$500.00. N
0
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(3) Administrative Notice of Violation. N
a. A county or municipal code compliance officer may, upon ei
discovery of a violation by a person who does not immediately Z
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. 2.
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b. Any person or business establishment found in violation of this
ordinance may be fined pursuant to part I of Chapter 162,Florida
Statutes,
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(4) Injunctive relief.
a. The State Attorney of the 16d'Judicial Circuit and/or the County v
Attorney may file an action for injunctive relief in Circuit Court
seeking to enjoin violations that occur throughout the County, m
except for violations that occur in a municipality that has a
adopted an ordinance in conflict with this ordinance. c
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.
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(5) Private Right of Action. Any natural person may seek injunctive
relief in the Circuit Court for the 161 Judicial Circuit to enforce zs
violations of this section against a violator. Attorney's fees and M
costs incurred in an action to enforce this ordinance may be awarded (1i,
to the substantially prevailing party at the discretion of the court. L
(6) 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 Cr
patron if that owner, manager,and/or employee directed that guest, d
customer, and/or patron who refuses to wear a face covering to 0
vacate the premises or face prosecution of trespass. N
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SECTION 6. SeverabRity. If any section, subsection, sentence, clause, or provision of this z6
ordinance is held by a court of competent jurisdiction to be invalid,the remainder of this ordinance z
shall not be affected by such invalidity.
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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 VHL 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. W
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mcECTIUN 8. Effective Date. This Ordinance shall take immediate effect upon adoption and N
N
shall be filed with the Department of State. o
6
SECTION 9. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this z
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.
N
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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 15d'day of July 2020. v
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Mayor Heather Carruthers Yes a
Mayor Pro Tem Michelle Coldiron Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes
= Commissioner Sylvia Murphy Yes
U
f BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA
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By: By:
As Deputy Clerk Mayor Heather Carruthers
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PUBLISHER'S Ft NTe °1u`.
STATE OFFLORIDA
CO A fi�vr m m Py4fa nirt yn' �r h (aL1 T O (iOt O phyaoat Id� � Puir 4 w c
NOTICE I 14EREBY GIVEN To WHOM rr 'i
MAY CONCERN that an July 15,2020 at v
1:30 P.11% or as soon thereafter as may The rw
Before the undersigned authority personally appeared be heard,the Board of County Commis- guest t pr40 y N It � "
stoners of nrW Qnsm1v Fir will
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who on oath says that he or she is 1i �Prs
1 lcnr, � ,,���1� � Nt �?+ �"! � M
of the Key West Citizen,a daily ne AN
paper pubti ed in ley West in Monroe County,Florida;that the attached copy Riot � I '�����'�Y, ���� �o � �v u�nf ��w�n � � a>'
hsfit; , �0'C' ta-0tNalgrwaNrr 'da >
of advertisment,being a legal notice in the matter of ORDINANCE NO,C 14- g Ct � MAY � , a
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was published in said newspaper in the issues of: bP , fcrzb ,thy nr r �ti e ,
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ST, Clone runty,fhtide Vvltl it a d hPr,
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Affiant further s that the Key Nest Citizen is a newspaper published in a o� y 80 '8 of aid�d �'ua whN spy N
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Vest,in said Monroe County, Florida and that the said newspapers has hereto- (exte oC' tl tom tiip�
fore been continuouslypublished in said Monroe County,Florida eve day,and try Th 1 tV tl"N�IW "8�a,FA, p � F1 Pf Nk cv
has been entered as odicals matter at the post office in Key West, said fall 11 t lta atldNNtt ohs csd
p y �ntN T ` a N fh ip , tl� i�t,orPr `p o
Monroe County,Florida,for a period of 1 year next preceding the first publication dal " " tl C Nx AC `a'tP irt;thls urms�P �tr
to[ T ,,,PI , fr, '10,14ICNP Ito Ct�,sNt , tntrrtu t �s
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neither paid nor promised any person,firm or corporation any discount,rebate, via C EV1 !�4 P ytpNNs ros fFTF- eirrt r w °
commission r refund for the purpose of securing this advertisement for publi I$C E tf t rt o fE r th Nw t lenri of vl a v
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STATE OF FLORIDA � ,, ?
COUNTY OF ONROb
Before the undersigned authority
personally appeared JASCN KOLER who �,1i s,��i, �,„ � �; � U a
on oath, says that he is PUBLISHER of
the WEEKLY NEWSPAPERS, a weeklyi o ,
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newspaper published in Marathon, in ;1rr �� '`i4�I z...3���
Monroe County, Florida. that the
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Published In said newspaper in this M
issues of,(date(s)of publications �r �` � >s`r�`�' '��0t` j vi
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NEWSPAPERS is a newspaper published
at Marathon, in said Monroe County,
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heretofore been continuous) published , �� 15tit�1 o
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the Post office In Marathon, In Monroe z
County,Florida,for a period of one year O
next Preceding the first ,publication of
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corporation any discount, rebate ' k r
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ORDINANCE NO. 014-2020
AN UNCODIFIED ORDINANCE BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, y
FLORIDA TO MANDATE THAT INDIVIDUALS WEAR A
FACE COVERING IN PUBLIC IN CERTAIN E
CIRCUMSTANCES; ESTABLISHING A MINIMUM
COUNTYWIDE REQUIREMENT, EXCEPT TO THE
EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT;
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PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT a
HEREWITH; PROVIDING FOR TRANSMITTAL TO THE
SECRETARY OF STATE AND PROVIDING FOR AN v
EFFECTIVE AND SUNSET DATE.
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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 a
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WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads N
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 v
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 m
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WHEREAS, the CDC advises that a significant portion of individuals with coronavirus a
lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- p
symptomatic") can transmit the virus to others before showing symptoms. This means that the
virus can spread between people interacting in close proximity---for example,speaking,coughing,
or sneezing—even if those people are not exhibiting symptoms; and
0
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WHEREAS, the CDC recommends wearing cloth face coverings in public settings where v
other social distancing measures are difficult to maintain in order to slow the spread of the virus Z
and help people who may have the virus and do not know it from transmitting it to others; and
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WHEREAS,the CDC does not recommend wearing cloth face covering for children under N
the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise
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unable to remove the mask without assistance; and
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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- 4)
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 G
Packet Pg. 58
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 COV1D 19;and 3
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
0
WHEREAS, the Board finds implementation of this ordinance is necessary for the CL
L.
preservation of the health,safety,and welfare of the community; and a)
a
WHEREAS,Section 1(f) of Article VHI of the Florida Constitution vests the Board with
the authority to enact ordinances having countywide effect that are not inconsistent with state law, v
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
a
WHEREAS,the State of Florida has not preempted local governments from regulating in =
the field of minimum health requirements with respect to COVID19;and a.
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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 v
F.S. 252.50; and
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WHEREAS, adopting regulations via ordinance would permit additional enforcement a
options through code compliance and injunctive relief; and
U
WHEREAS, 28 C.F.R. 36.208, the implementing regulations for the Americans with a,
Disabilities Act states that the ADA does not require a public accommodation to permit an S
individual to participate in or benefit from the goods, services, facilities, privileges, advantages o
and accommodations of that public accommodation when that individual poses a direct threat to v
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 a
provisions of curbside service or home delivery; and
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WHEREAS, the Third District Court of Appeal has defined the term business
14
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 Z
c
WHEREAS, the Florida Legislature has defined the term "transient public lodging c
establishment" to mean "any unit, group of units, swelling, building, or group of buildings within
a single complex of buildings which is rented to guests more than three times in a calendar year
for a period of less than 30 days or 1 calendar month,whichever is less, or which is advertised or
held out to the public as a place regularly rented to guests." See, F.S. 509.013(4)(a)1; E
s
Page 2 of 6
Packet Pg. 59
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
L
SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings.
E
SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as
follows: 2
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(1) Face Covering. A "face covering" is a material that covers the nose and a)
mouth. It can he secured to the head with ties or straps or simply wrapped a
around the lower face. It can be made of a variety of materials, such as
cotton, sill`, or linen. A cloth face covering may he factory-made or sewn v
by hand, or can be improvised from household items.
0
(2) Business establishment. A"business establishment"means a location with a
a roof overhead under which any business is conducted,goods are made or
stored or processed or where services are rendered. The term "business a
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. c�
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(3) Lodging establishment. A "lodging establishment" shall have the same °0
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 a
business establishment. p
v
SECTION 3. Recommended standards of conduct. _
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(1) Every person over the age of six (6)who is away from his or her residence v
should wear a face covering when closer than 6 feet to another person with
whom he or she does not reside. a
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(2) Every person over the age of six(6)who is away from his or her residence
10
should carry a face covering capable of immediate use.
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(3) Each owner or manager should establish rules for that business z6
establishment that encourage social distancing, hand washing, and other CD
protective measures for customers and employees based upon guidelines
provided by the Centers of Disease Control and the State Department of
Health.
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(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 2
exposure risk that they could carry the virus back home after returning to L
work or other environments where distancing is not practiced. Vulnerable a)
populations should affirmatively inform their employer that they are a a
member of a vulnerable population so that their employer can plan
accordingly. v
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SECTION 4. Mandatory requirements. a
(1) An owner, manager, employee, customer or patron of a business =
establishment must wear a face covering while in that business a
establishment. CO
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(2) The requirements of this section do not apply to: v
v
a. Restaurant customers or patrons while dining and/or consuming m
beverages while seated at a table a,
b. A gym patron engaged in a workout or class where at least 6 feet a
of distancing exists with the next closest patron. >
c. Barbershop or beauty salon customers or patrons when wearing v
a face covering would reasonably interfere with receiving a,
Services. C
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d. Business owners, managers, and employees who are in an area o
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 a
employees who are present in the kitchen or other food andCD
beverage preparation area of a restaurant or food 04
10
establishment When an owner, manager, or employee is in
14
their place of employment but not within six feet of another o
person,that owner,manager,or employee does not need to wear
a mask. Z
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e. Bar patrons while consuming beverages and/or food.
f. A lodging establishment guest when inside of the lodging unit c
including but not limited to a hotel room, motel room, vacation a
rental unit, timeshare unit, or similar unit.
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(3) The owner, operator, manager, and employee of a business or E
lodging establishment shall ensure that every individual in that
establishment complies with this section.
Page 4 of 6
Packet Pg. 61
(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 3
exclude the individual,even if they have a disability,as they pose a
direct threat to the health and safety of employees and other E
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 0.
that business's employees and other customers, such as providing rL
curb service or delivery or other reasonable accommodation. a)
a
SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the
following manner,
0
(1) Civil Citation.
a
a. A code compliance or law enforcement officer may, upon =
observation of a violation by a person who does not immediately a.
put on a face covering after receiving a warning, issue a notice CO
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 v
punished by a fine of up to$500.00. m
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(2) Administrative Notice of Violation a
a. A county or municipal code compliance officer may, upon
discovery of a violation by a person who does not immediately v
put on a face covering after receiving a warning, issue a notice a,
of violation and notice to appear before the code compliance S
board or special magistrate of that officer's jurisdiction. o
b. Any person or business establishment found in violation of this
ordinance may be fined pursuant to part I of chapter 162,Florida
Statutes. a
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(3) Injunctive relief. 04
a. The State Attorney of the 16'h 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 Z
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conflict with this ordinance.
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b. The City or Village Attorney for a municipality may file an action for c
injunctive relief in Circuit Court seeking to enjoin violations that occur
with that municipality.
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Page 5 of 6
Packet Pg. 62
(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 3
enforce this ordinance may be awarded to the substantially prevailing party
at the discretion of the court. E
(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 0.
violations of a guest,customer,and/or patron if that owner,manager,and/or C.
employee directed that guest, customer, and/or patron who refuses to wear a)
a face covering to vacate the premises or face prosecution of trespass. a
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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.
a
SECTION 7. Applicability and Conflict. This ordinance is intended to have countywide a
application except within a municipality which has adopted an ordinance in conflict this this
0
ordinance pursuant to Article VIII, Section 1 of the Florida Constitution. All County ordinances N
or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said
conflict. c�
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SECTION 8. Effective Date. This Ordinance shall take immediate effect upon adoption and °0
shall be filed with the Department of State.
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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. �?
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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 o
instructions to not codify the ordinance within the Monroe County Code.
v
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, a
Florida, at a regular meeting of said Board held on the 171h day of June 2020.
0
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Mayor Heather Carruthers Yes
Mayor Pro Tem Michelle Coldiron Yes
Commissioner Craig Cates Yes
F Commissioner David Rice Yes -� z
Commissioner Sylvia Murphy Yes O0 CDr. �+
(SEAL) BOARD OF COUNTY CO ISSIOPgf3
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Attest: KEVIN MADOK, Clerk OF MONROE C RIDA;. - 0
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By: By: s
As Deputy Clerk N14or HWer Carruthers
MOWOE COUFfI'Y A NEY Q
APPRCMmITO .
Page 6 of 6
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Packet Pg. 63
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Kevin Madok, CRA
-� Clerk of the Circuit Court& Comptroller—Monroe County, Florida
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June 18,2020 0
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Department of State
Administrative Code& Register
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500 S Bronough Street CL
Tallahassee FL 32399-0250 a)
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To Whom It May Concern, >
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Attached is an electronic copy of Ordinance No. 014-2020 an uneodified Ordinance by the Board i
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 a
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 El
effective and sunset date. Co
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This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular W
meeting, held in formal session,on June 17, 2020. Should you have any questions please feel free to v
contact me at(305) 292-3550. m
Respectfully Submitted, a
Kevin Madok,CPA,Clerk of O
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the Circuit Court& Comptroller& 0)
ex-officio to the Monroe County S
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Board of County Commissioners y
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by:Pamela G. Hancock, D.C. v
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CC' Emergency Management
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County Attorney =
MunicCode
BOCC O
File c
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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
305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 64
FLORJDA DEPARTMENT 0 STATE
i
RON DESANTIS LAUREL M. LEE w
Governor Secretary of State £
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June 18, 2020 ra
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Honorable Kevin Madok a
Clerk of the Circuit Court
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Monroe County a
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock cvi
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Dear Mr. Madok:
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your >
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electronic copy of Monroe County Ordinance No. 014-2020, which was filed in this office on June 18, �?
2020.
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Sincerely, 0
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Ernest L. Reddick N
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 Packet Pg. 65
Pamela G. Hancock
From: Ords Admin <ords@municode.com>
Sent: Friday, June 19, 2020 6:38 AM
To: Pamela G. Hancock L
Subject: RE: Monroe County, FL Code of Ordinances - 2008(14298) OrdBank
E
Follow Up Flag: Follow up y
Flag Status: Flagged
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We have received your file.
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Thank you and have a nice day. O
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Ords Administrator 0
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ords@municode.com
1-800-262-2633 a
P.O. Box 2235 a
Tallahassee, FL 32316
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When available, please send all documents in WORD format to Ords@municode.com. However, if WORD format is not
available, we welcome any document format including PDF. tO
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Si m
From: Pamela G. Hancock<phancock@monroe-clerk.com>
Sent:Thursday,June 18, 2020 2:04 PM a
To: State of Florida <County0rdinances@dos.myflorida.com> O
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 =
.L
<ords@municode.com>; Susie Ptomey<boccdis5@monroecounty-fl.gov>;Tamara Lamarche (boccdis4@monroecounty- y
fl.gov) <boccdis4@monroecounty-fl.gov>; 'Luttazi-alary@monroecounty-fl.gov' <Luttazi-alary@monroecounty-fl.gov>; c°'
Weiner-Shannon <Weiner-Shannon@ Mon roeCounty-FL.Gov>; Kathy Peters (Peters-Katherine@monroecounty-fl.gov) v
<Peters-Katherine@monroecounty-fl.gov>;Yongue-Liz<Yongue-Liz@MonroeCounty-FL.Gov> Z
a
Subject: Ordinance No. 014-2020
0
N
Sender Full Name: Pamela G. Hancock N
Sender Phone Number: (305) 292-3550 `t
0
County Name: Monroe
Ordinance Number: 2020-014 Z
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' i Pamela G. Hancock E
Deputy Clerk
Kevin Madok, CPA
*_ Clerk of the Circuit Court& Comptroller Q
"" ;' 500 Whitehead St Key West, FL, 33040
i
Packet Pg. 66
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KEY WEST
JEN
The Florida Keys Only Daily Newspaper, Est 187
PO Box 1800 Key West FL 33041
P`p05)292.7777 exf.2f 9 F.(306)298®8025 y
legais@keys,news.com ®1
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MONROE CO ADMIN1BCCC 11..��� 9 ��� �,
THE HISTORIC CATC BUILDING E
1100 SIMONTON ST SUITE - 0
KEY WEST EL 33040 ; i;
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Account; 143331 Ticket: 346295 CL
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PUBLISHER'S AFFIDAVIT a
STATE OF FLORIDA AMENDED NOTICE OF INTENTION TO that appears at the bottom of O
COUNTY OF IVIONRtJE CONSIDER ADOPTION OF COUNTY the Zoom webinar screen to be U
ORDINANCE recognized by the meeting mon• �
for,
NOTICE IS HEREBY GIVEN TO WHOM IT O
Be re th t ndersi ed authority personally appeared MAY CONCERN that on June17,2020at The meting monhordhost will re-
1:30 PM.,or as soon thereafter as may quest the item 4 you wish to speak on �
be heard,the Board of County Commis- and enable our participation when -a
Who on oath says that he or she is sioners of Monroe County, Florida, in- the Mayor calls for public speakers on a
tends to consider the adoption of the yyour item.To report problems with the =
following County ordinance: rualdcmt,please call(305)872-8831. a,
_ of the Key West Citizen, a daily newts- AN ORDINANCE BY THE BOARD OF A person may submit written or other o
paper published in ey West, nice aunty, Flonda'that the attached copy COUNTY COMMISSIONERS OF MON- physical evidence on a particular agen_ tV
ROE COUNTY, FLORIDA MANDATING da item for consideration at the BOCC I..of advert sment,being a leg otice in the matter of AMENDED NOTICE OF THAT INDIVIDUALS WEAR A FACE COV- meeting to Lindsey Ballard via email to: r
INTENTION Was published in said newspaper in the issues of: ERING IN PUBLIC IN CERTAIN CIRCUMI I r ` t0
STANCES, ESTABLISHING A MINIMUM or by mall to;The County AdrninisCra- U
COUNTY-WIDE REQUIREMENT EXCEPT Ior's Office,1100 Simonton Street,Key V
Friday, tune 12, Lit TO THE EXTENT OF A MUNICIPAL OR. West,FL 33040. The documents must O
DINANCE IN CONFLICT;PROVIDING FOR be received by 3:00 p.m.on Monday, 00
SEVERABILrrY,PROVIDING FOR EFFEC- June 15,2020 and must include the sub-
TIVE AND SUNSET DATES. mitter's name,address,phone dumber 4m
ffiant further saysthat the Key West Citizen !s a newspaper published in Key and email address and the agenda item Ti
y Pursuant to Executive Order Edo, 19- number the documents are regarding. in
Vilest in said Monroe County, Florida and that the said newspapers has hereto- 69(extended by Executive Orders No. Pursuant to Section 286,0105, Florida y
tare been continuously published in said Monroe County, Florida every day, and 20-112 and 20-139), Monroe County Statutes,notice is given that if a person O
Emergency Directive 20-06, and the decides to appeal any decision made by U
has been entered as periodicals matter at the post office In Key West, in said Center for Disease Control("CDC) so- the Board with respect to any matter
Monroe County, Florida, for a period of t year next preceding the first publication cial dstancing guidelines established considered at such hearings or meet- a'
to contain the spread of the COVID 19 ings,he will need a record of the pro- C
of the attached copy of advertisement;and affiant further says that he or she has virus, this meeting will be conducted ceedings, and that, for such purpose, i
neither paid nor promised any person,firm or corporation any discount,rebate, via Communication Media Technology he may need to ensure that a verba.
commission or refund for the purpose of securing this advertisement for publica- ("'CMT")using a zoom Webinar plat. tim record of the pproceedings is made, o
form @ llwww monroecounty fI which record includes the testimony 0
tion in the said news er, clQyBMiygCJincrJune17. and evidence upon which the appeal is
to be based. v
The public is strongly encouraged to ,_
watch the meeting on Monroe Conn- ADA ASSISTANCE:1f yyoou are a person a
i nature of Affiant to MCTV Comcast Channel 76 or lis- with a disability wlro creeds special a
ten to audio only from their phone by accommodations in order to partid- s-
dialing (646) 518-9805 or ( 69) 9I pate in this proceeding,please contact CD
and !bed before me this 1 th day of June 2020 6833 and,when prompted„enter the the County Administrator's Office, by N
_._ -_ Webinar IDN 976 4888 7338 followed phoning 005}292- 41, between the
7J,# by the 8 key. hours of 8:30 a,rn -5:00 p.rn.,prior to CV
rrasririaan w ,.h h the scheduled rrveetrng if you are hear- r
+ 4 t1E,g
IE y 9 ty, n• ng or voice rrrrpalretf cal "TT Y Live p
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o b 1 not ti; b vision t e Coun s meeting Closed Captioning is available via our
portal @ htto llrnonroecounty l iom2 web portal 0hftii llm4nrrierountva 0
LmlCitizensfDefault,as>rirand selectin ti.aira2.crar LQt1,ZgR)s Defau1t.dW for Z
the"Watch Live"banner to view wrt meetings of the Monroe County Board CD
(Notary Plabl' Printed Name) (Notary live closed captioning on an integrated of County Commissioners. c
page that includes t9e agendalagenda tg
#IrttIrtls` backup. oaten , Key West,Florida,this 8th day =
My commission expires of sane,2fiJ7®.
— n m KEVIN MADOK, Clerk ssf'
ocular item oriths=oubllc coition o the the Circuit Court and ex officlo Clerk of O
agendaCD
when the meetin host and the Board of County Commissioners of ..
Personally Known Produced Identification or the Mayor calls for speakers on the Monroe County,Florida �
hero you wish to comment on; 06J12120 KeV West Citizen
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Type of Identification Produced � a) in -In-In: dial *9 to "raise v
oft Cn your hand"to be recognized by a
the Zoom webinar monitor
b) q WAUhino the meeting-g tirt-
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JiM click ordopen the live Zoom
CD vvebinar link rwm mon-
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ingJunel7 that appears In Troth
the published Agenda and Agen-
da Packet. When prompted,en-
ter your email address and name
to join the webinar and there se, Packet P 67
lest the "Raised Hand" feature 9
if=to ,
Canter f6r Disease urroi('CDC)
so-cial distancing gud'defirl Woblishecil
to Contain the„r read of the CO Ib-19
virus„ thit meet�r q Will be boducted
I via Communication Media Technology
I"CMT") using a 7utom WV eurrar plat-
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The,p ubfic Is str0o ly entodrra ed to 3
Wall the errealling on EfAtr a Comrm= y
to MCW Comcast Charmal 76 or Idsm ' cC
ten to audio misty from their phone by a1
dialing ( 6) 510-005 rrr I gi goo- E
6,933 and,when p mp' ,,either the y
Vftiebinar IDA 976 ddRR 73 followed >
by the 4 key.
Tip i r�lr the � o
line by visiting the t e County's meeting L.
perraf httla;iJlslr rrraacerur,rt Ali°ag, CL
4_n ar d seNertI
the'Wtiateh Live"banner to views uvlt �
live closed captionin; on an dntugrated G
gage that Includes t o argenda"agenda
ackup.
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'dad t tin Tomment on a par. U
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when the rmeetim host andl �
or the Mayor calls for spec ert on the C
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item you rwish to cor�ament or1;I +,
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�t pt,appears``]n bdtla
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da Rackets When prormpted,ea-
ter your email address imd name U
to jmn the weibNmar and therr se- U
lect the 'Raped llama"iiifeature O
that appears at th9 bditorrt of 00
the Zoom rvebiner s6v#n'16 be rn
recognized by the rneeting met)-
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The meeting rmonito0host sell re- I,, y
quest The kern II you%vish to speak on O
and enable your p�artidpailon when U
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Mayor calls for public speakers rrr
our item.To report reblemmrs with the 09
roadcast,please cM(305)872- n �
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A person may submit written or tither >
physical ei dence ptr a particular agen- O
da item for consideration at the ROCC v
rneetirugTtr Lindsey Be,Mard via email to y
baflardalirntdsevrrrorrroeccrtantrro� �
ar by mall to.The County AdmInIstra-
for's Office,1100 Simomtbn Street,Key a
Meat,Ft 33040, The documents must Gt
be rerery d by 3.(l p,m,on Monday, '-
June 15,AUZR arrd midst inrtudpthe sub- c
mitter's name,address,phone number o
,.., and Ruil address and the agenda Item N
number the documents arer arding.
° � otice
Pursuant to Section 86,010 Florida
Statutes rnodce 6 9 Ivan that I a person o
decides to appeal any decision made by
AMENDED NOTICE OF INTENTION TO the Board wdh roll to any matter O
CONSIDER ADOPTION OF COUNTY considered at such hearings or ¢meet- Z
ORDINANCE legs,he with need a rerortl tar tNte pro G)
coedings, and that for such puripose, C
NOTICE d5 HEREBY GIVEN TO WHOM IT he may need to ensure that a verba-
MAY CONCERN that on June 17,2020 at ;tiny record,of the r6ceetflogs is made, C
1:30 r. ,,Or as soon thereafter as may which recprd'In',Was;the tdsturmomy'
be heard,the Hoard of County Commis. and evidence upnn Which the appeal is �
stoners of Monroe County, Florida, in, to be based,
tends,to consider the adoption of the
tollm rig unty ordrnanceo ;RtDA.ASsisT`ANcE,if on are a person C
�vlth a disability us b pal 0odal ' d
AN OR;DINAK1, THE BOARD OF atcorrarrbi oms at girder top6l E
PbFRTY,tDOM WINSSIONERS OF Moll, pate In this prott"edlrtt�r please contact s
RUE,Cr rIAtTY FNta IN7A MANDATING the Cnornty Acirrairristratrrr� r5frarca by V
TIfA1 4NEIl 1DtlA h 1EARA FACE COtr. phoning 0'05y 0x f,between the es
ERING IN AURIdIC IN CERTAIN CIRCUM, hours of 8.3p am, S01 p. heart
m.,,prior-to Q
STANCE'S; ESTAHI.ISHING A MINIMUM the scheduledrrreetraarfi;r u are
COUNT-VIRPE REQUIRE NIONT,EXCEPT i 09 or voice imn�air rat 71Vm tip
To THE EXTENT F IMU ICIi11%OR. Closed Caption n is available vim our
DIINANCE IN CO NFUCTr PROVIDIN4 FUR web portal N sP �rtr�
SEVFR.ARIUTY,,PROVIDING FOR EFFEC= it r a r�emst a or
TIVE AND SUNSET DATES.
Pursuant to Executive Order fWm, 2rJw i
69 fextend'ed day EXecutavve Omer,N'o. ,_ .
20-112 and ytawl3frl'" Munroe Counts Packet Pg. 68
Emergency Directive 20-0n, and the
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The Florida Keys Only Bally Newspaper, Est. 187
€O Box I80Q Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025 N
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MONROE CO ADMAN/BBC
THE HISTORIC ATO BUILDING JIUN 2 9 20?,,? E
1100 S MONTON ST SUITE - 0
KEY WEST FL 33040
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Account: 143331 Ticket. 345372 CL
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PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
NQIICE OF INTE II7ER O
Al]Y]PTIClN �CCIUNTY QROIfl�1NC NOTICE I5 HEREBY GIVEN TO WHOM U
COUNTY OF MONROE MAY CONCERN that on Pone 17,20 —
NOTICE IS HEREBY GIVEN TO WHOM IT t or s soon thereafter w
MAY CONCERN that on tune 17,2020 may be heard,ln'the Murray E,Nelsc 0
Before the undersign authority personally appeared Government Center, 1ti205 Overse;
at 1:3t1 Rivl., or as soon thereafter as
may kte heard,in the Murra�r E.Nelson RTighhAy, II9Y IAro, Igl hunt
Crovernment Center, 142M OverseasM cc-k4
,who on oath says that he or she is Highway,Key Largo, Monroe County, sloneir 01 Mrnie Coitrt FICir'i" u II
Honda,the Board of County Commis-
sioners of Monroe County,F4orid following County ortlanawe°
a,in- a.
tends to consider the adoption of the
of the Key West Citizen, a daily followingCounty ordinance. CO ORDINANCE COMMISSIONERS BY THE BOARD
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newspaper publishe in Key st, in Monroe County Florida that the attached FOE CO NTY, FLORIDAOF Moi
r$oE CCrUN1�'", LORIA I�IA�NEtATItI N
AN [ORDINANCE BY THE BOARD of THAT INDIVIDUALS WEAR A FACE Co �
copy of advertisrnent, being a legal notice in the matter of Ordinance 6.17 was COUNTY COMMISSIONERS OF MON- LAING IN PUBLIC IN CERTAIN'ClIFOP
published in said newspaper in the issues of: ROE COUNTY, FLORIDA MANDATING STANCES, ESTABLISHING A MIiNIIMU �
THAT INDIVIDUALS WEAR A FACE COV- COUNTYwOf REQUIREMENT,IEXCEi U
ERING IN PUBLIC IN CERTAIN CIRCUM- To THC EXTENT OF,A MUNICIPAL O V
Wednesday,,tune 3,2020 STANCES, ESTABLISHING A MINIMUM DINANCEIN CT fpI G
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COUNTY-WIDE REQUIREMENT,EXCEPT SEVEFtAEIUT k
TO THE EXTENT OF A MUNICIPAL OR- TI'VE �I ' FFE m
SHNS NA ';?.
DINANCE IN CONFLICT,PROVIDING FOR Cs
Affiant further says that the Key West Citizen is a newspaper published in Key SEE Asp PROVIDING FOR EFFEC-
TIVE G
West, in said Monroe County, Florida and that the said newspapers has hereto- punivarit to lion 2sq, 1p Elor y
fare been continuously published in said Monroe County, Florida every day, and Pursuant to Section 286.tsltl5, Florida Statutes,notice 4s given t,b tIfaBen
Statutes,notice is given that if a person G de4ldes to appeal any deci'lon madoi U
has been entered as periodicals matter at the past office in Key West, in said decides to appeal any decision made by the Board with;mspect tip,any Boat
Monroe County, Florida,for a period of 1 year next preceding the first publication the Board with respect to any matter Considered at such hearh1q,%or me 0)
of the attached co of advertisement,and affiant further says that he or she has considered at such record o or meet- teedngs,the will need a report of the p C
copy Y togs,he will need a record of the pro.. ceedings, and that, for such purpra
neither paid nor promised any person,firm or corporation any discount, rebate, ceedings, and that,for such purpose, he ropy need to ensure that a veil
commission or refund for the purpose of securing this advertisement for pub he may need to ensues that a verta tlru record of the, roceed ngs,is lei O
tim record of the proceedings is made, which record Inc udes the testime ra
tion in the s id news which record includes the testimony and evidence upon which the appee �
and evidence upon which the appeal is to he based, ra
to be based A13A�i55lS3vtivClr if yyr�u are a pars `M
with a disability w o needs Spec
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4o7a ASSISTANCE:tf you are a person y p a)
Y azure f AffYant3 with a disability who needs'.. special aCtcorrmodati ant in order part L
accommodations In order to partid- pate In thisprcareerfina,please cone; CD ,
A77Zdpd su Bert d before rite this 4#h day of dune 2{}2(} ,pate in this proceeding,please contact the County �oiministrator's pff°lce, eV
the County Administrator's Office, by �-phplfiahp� a�) AM �e ��8`tI N
hail of R a
phoning (305)292 4�4, between the er than flute{Sf�ekeno"ar d
( ! hours of 8.34 a.m.-5:00 p.m., no laid y is
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Closed Captioning as available via our for meetings,rat floe
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Notary Ru lip Printed flame) ( tot for meetrrsgs of the M67- Sioners C
roe County Board of County Commis- tg
�p sionem Dated at Ito West, Florida„this 28
My commission expires_ -- - erravrw day of May,2o2u.
Dated at Key West, Florida, this 28th KEVIN MADOK, dark L
day of May,2020. the Circuit Court and ex ofdlcib Clerk O
KEVIN MADOK, Clerk of
tlse Rpard of County Commissioners
the Circuit Court and ex off Clerk of
Personally Known _ Produced Idea#iflc #ion..� -� Monroe Cos�rsty,Florida
the Berard of County Commissioners of b 1 t1 Key West Cltiten
ry Monroe County,Florida E
Type of Identification Produced _ 06103120 Key West Citizen �
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Packet Pg. 69
NoTice OF INTENTION TO RECE!"VED
tw I Lh Db0#ttl O
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x rs orr June i r 202tl at 0,O M,,
or as scan thereafter'as toay
be heard,In the Murray MION'ROF t.: ,taut^,A 1r.Rri r°
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1020sli Overseas H Ighway,
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rlodda,ate Board of County
Published Weekly comitrdwanefsofMonroe �
Marathon,Monroe Count ,Florida rrtrrrt„fl rida,inten&to £
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AONANC BY TUp
PROOF OF PUBLICATIOMONN �� � r�tiltTY
STATE OF FLORIDA n�,MANO TIt caTHAT C.
COUNTY OF MONROE jN0AViQUA �r ACE �'
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Before the undersigned authority gTrl' UTIa p
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personally appeared JASON KOLER who REMW
s that he is PUBLISHER of LpTTtTMipit Tot O
on oath, says �R11��L� [tINP� p U
the WEEKLY NEWSPAPERS, a weekly N -
newspaper published in Marathon, in
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Monroe County, Florida: that the AlittsUigserI T s41
Pursuattached co of advertisement was Floridantttutes,o txeIsriU , �
copy Florid Statutes, e is �
published in said newspaper in the giwenthatifa Or ri�diddes
to areal a deru'won made 2
issues of:(date(s)of publication) bytlt�eBear, with rrfs ert a
to amyr matter con0dered at
J / d each h and sir rn tin r N
e will n e a record of 1
proreedings,and that for
such porp ,he may need
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record of the proceedings Is U
Affiant further says that the said WEEKLY roads,which record includes U
NEWSPAPERS is a newspaper published tf�ponwhich yand al is
upon which the appeal Is to pp
at Marathon, in said Monroe County, betrased.
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Florida,and that the said newspaper has son with
you area e person wgtfu r
heretofore been continuously published adisahillr who needs a
spaolal d ourar cad dons In y
In said Monroe County, Florida, once order to rtidpatetnthts p
each week (on Thursday) and has been procaeding,please w6tact
the o ya�nty ftdrnirgh s trafo r�
qualified as a second class mail matter at tdfficepbIy honing lsl
292-4441 1the post office in Marathon, In Monroe ' teuthehosars
ofS�a,naK-s.t p,rn�no '�
County, Florida,for a period of one year laterthan five 0)cAlendar
dabs prior to the scheduled v
next preceding the first publication of rn it if you are,hear!ng
the attached copy of advertisement.The o'rwottelr i d, all°7tt". a)
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affiant further says that he has neither availkleviaourwebportal Z
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paid nor promised any person, firm, or ugr2carm for rneetyngs of, a)
corporation any discount, rebate, tho Monroe cqunty ward CD
county pommIsssronors.
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commission or refund for the purpose of Dated at yilt"est Fiorillo„this o
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securing this advertisement for 2114 raia,211 Cr
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publication in the said newspaper(s)and irttrlt Court
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Florida State Statutes...m,,.Q_.L gat...d o nt ;t04da.
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Official Adrrertisegns. �
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July 20, 2020
To: Monroe County Board of Supervisors
INTRODUCTION:
We fully understand that the Virus is out of hand and has caused a lot of unnecessary sicknesses
and premature deaths. However, in a country of over 330m people putting 75% of the people out
of work will cause more harm than just a few deaths.
Sorry to be so blunt about death but let's look at the numbers:
To date the total deaths in the USA is approximately 140,000 and half of those deaths, if not
more occurred in nursing homes where ill found ideas of allowing infected virus patients to mix
with all ready sick patients, from other causes, thus increasing the likely hood of a protracted
illness from the virus or the obvious ---Death.
The population of the USA is approximately 330,000,000 thus the percent of deaths is .0004% a
small number when compared to the grief of no job, a foreclosure, divorce etc. from NOT being
able to work and provide for one's family and loved ones. Even with a mask!
If you remove the nursing home deaths, due to poor judgement, the deaths are reduced to 70,000
or .0002 percent of the population. Again, an even lower number when compared to putting
thousands of people out of work. Especially the retired who are depending on renters to pay the
bills.
The reality of shutting down the entire economy of the USA or Florida or Monroe County to be
more specific and only allowing the "selected few businesses to survive"puts the remaining
balance of the entire population of the States, Florida and more to the point Monroe County out
of business, small business will fail, if not all ready, commercial real estate values will erode and
foreclosures will be more than you can imagine.
So how many people will this effect out of a population of 40-45,000 in Monroe county. An
educated guess 50% or more will flounder vs being liberal 3-5%. How many deaths and other
Issues will crop up due to the closing of businesses that are only holding on by a thread. The
local banks will suffer from bankruptcy and very fast when mortgages are not being paid and
utility companies will not be far behind.
Who do you think pays the bills---Customers at the Barbara shop, Customers at the deli,
Customers at the bank, customers at the gas station need I carry it on as I know you get the point.
Furthermore, as you read below we all have liberties and rights granted by both the Florida and
USA constitution, which have been violated enough in the past, which you are fully aware of.
To Wit: The road block at or near Florida City was, illegal, it violated the Commerce Clause the
Equal Justice Clause, the Contracts Clause, The Taking Clause and what did it accomplish in the
long run nothing. A virus will spread with or without road blocks or "selecting a few chosen
businesses, to survive while the balance of the population suffers for the few.
The best case is to allow people their rights, as granted by the constitutions, and allow them to
take the necessary means to protect themselves from close proximity to others. The population is
not stupid or ill-advised we all know the risks involved will take the necessary steps to protect
ourselves. We do not need a committee to do the protecting for us as we are all individually
responsible.
I, Robert Stephens, owner of a Vacation Rental property, in Marathon, Fl. are like the meriod of
other Vacation Rental owners. Most of us are greater than 60 years of age, have invested, in
most cases, their life savings into the Vacation Rental business so as to continue the fruits of our
labors and enjoy what is remaining of our lives.
Personally, in October I will turn 80 and can ill afford the stress and stain that may occur if this
committee finds it necessary to restrict the use of privately owned and managed vacation rental
property.
For example: My own Vacation rental monthly costs are as follows:
Mortgage ------$7000
Insurance --------1000
Utilities------------800
Landscaping-------300
Miscellaneous ------400
Total -------------$9500
How many $10,000 bills do you think the average Vacation Rental owner can afford to make
before he declares bankruptcy? Put a business hat on and allow the American public to make up
their own mind if they want a vacation in the Keys or another place they choose.
As previously mentioned restricting only Vacation rental business but allowing a resort/hotel to
remain open is a severe violation of the Equal Justice Clause in both the State and Federal
Constitution. Thus, favoring the "hotel and resort businesses" is understood as they have the
lobbyist to talk to the county.
Furthermore, the REALITY OF THE TWO BUSINESS IS THEY ARE THE SAME, thus you
are, if you close down the Vacation Rental business, are doing it illegally and in direct violation
of the Equal Justice Clause among a meriod of other clauses too numerous to mention again.
Additionally, people lodging in a hotel or resort are required to seek out 3 plus meals and drinks
daily thus exposing a multitude of other people the possible virus. Whereas, a Vacation Rental
patron, does 90 percent of their eating, drinking and being with loved ones at the vacation home
they have chosen, which has been cleaned as well as any hotel room. Therefore, the guests in the
vacation home are NOT spreading the virus as might be the case with the hotel or resort due to
the volume of people and having to find a place to eat three meals a day.
Traveling in hallways in close proximity and having a much greater number of contacts, turn
overs of people than vacation rentals.
Additionally, what proof does the committee have that Vacation Rentals are causing any more or
less spreading of the virus than the hotel or resort. My answer is you do not have any proof.
Thus, the following:
Committee orders, not created by legislative action, especially those that impose criminal
penalties, must be clearly written and respectful of constitutional due process.
Specifically, the committee, through the cavalcade of Committee Orders described below, may
be banning privately owned "vacation rentals" from accepting renters, while leaving their
competitors open hotels, resorts, and timeshares.
Timeshare condominiums ("condos") may be allowed to accept rental guests (`guests") with no
limitation, resort lodges that are similar to these condos may be allowed to accept guests with no
limitation
The stated goal of preventing the spread of COVID-19 by restricting "guests" from coming to
Florida is rendered nugatory in view of capacity-filled Florida RV parks and Florida hotel
parking lots filled with out-of-state license plates reflecting out of state guests.
Property owners will bring action challenging the Constitutionality of the Committee's Orders
on the basis that these "Orders"which have deprived them of numerous rights and liberties under
both the U.S. and Florida Constitutions.
Property Owners may have the rights to (1) equitable and injunctive relief to enjoin the
enforcement of the Orders (2) declaratory relief from the Court in declaring that the County
violate Plaintiff's civil rights under: (a) 42 U.S.C. Section 1983 of the Federal Civil Rights Act
("Section 1983"), (b) the Due Process and (c) Equal Protection Clauses of the 5th and 14th
Amendments, and (d)the Contract Clause found in Article I, § 10 of the United States
Constitution and (e) Article I, Sections 2, 6, 9, 10, 12, 21, and 23, and Article X, Section 6 of the
Constitution of the State of Florida.; (3) attorney's fees and costs for the work done by Property
owners counsel in connection with this lawsuit in an amount according to proof, and(4) for such
other and remedies deemed necessary to protect their rights under the existing laws.
The property owners, of Monroe County, whose liberties are protected by both the Florida and
United States Constitution. Property owner's fundamental property rights have been denied
through the arbitrary application of County Orders, in the past, and were issued under a declared
State of Emergency by the State, purportedly to prevent the spread of COVID-19.
The County Orders challenged in this action are valid only if the County can demonstrate that its
chosen restrictions are "reasonable and necessary" to combat a threat of the spread of COVID-
19.
The County may have vast authority to issue County Orders when confronting a health crisis,
however such powers do not obviate County officials' duty to safeguard civil liberties.
Any County action that infringes upon civil liberties must closely target the root of the purported
crisis theoretically requiring County restrictions on fundamental rights.
A foot note to this letter.
I have a BS in Finance, started a Masters in Hotel and restaurant management, was honorable
discharged from the USAF as a Captain, held a 200-ton Coast Guard license, plied the waters of
Alaska for 18 years on a 100' boat and entertained the likes of Mr. Ed Whitacre, CEO of AT&T
and General Motors.
I'm excellent with numbers and my father was premed and Pharmacy thus I have a very good
knowledge base about virus and how they spread and what it will take to fix the virus. Which is
still 6 months in the making as a vaccine in not created overnight. Thus, to put people out of
business, in the hope of curtailing the virus is counterproductive to say the least.
It will create more issues than you can afford to finance. The Taking Clause is also in question
therefore, if you want to pay us all to shut down I'm sure we can be accommodating.
WE HAVE MORTGAGES AND BILLS TO PAY AND CONTRACTS TO HONOR!
Thanks for listening to the people who take the risks of reality every day.
Captain R.J. Stephens USAF Retired