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Item B1 B.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: B.1 Agenda Item Summary #7147 BULK ITEM: No DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Shannon Weiner(305) 289-6012 n/a AGENDA ITEM WORDING: COVID-19 update and discussion regarding additional protective measures. ITEM BACKGROUND: Due to the increasing case count, the Mayor called this special meeting of the BOCC to discuss whether the increasing case count merits: 1) asking FWC to cancel mini season 2) rescinding the County's plan for reopening vacation rentals 3) closing boat ramps during mini season 4) taking other protective measures 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 6/17/20 (0-11) Board adopted Ordinance No. 014-2020 requiring facial coverings and setting forth enforcement measures CONTRACT/AGREEMENT CHANGES: n/a Packet Pg. 3 B.1 STAFF RECOMMENDATION: N/A DOCUMENTATION: Emergency Ordinance No. 023-2020 mini season curfew alcohol ban BOCC 7 15 20 (P12) Ordinance No. 022-2020 req face covering, adding criminal penalties, etc. BOCC 7 15 20 (P 10) Ordinance No. 014-2020 req face covering (COVID-19) BOCC 6 17 20 FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Bob Shillinger Completed 07/20/2020 10:43 AM Kathy Peters Completed 07/20/2020 11:23 AM Board of County Commissioners Pending 07/21/2020 9:00 AM Packet Pg. 4 B.1.a ORDINANCE NO. 023 -2020 U AN UNCODIFIED EMERGENCY ORDINANCE BY THE BOARD OF COUNTY COMAUSSIONERS OF MONROE o COUNTY, FLORIDA TO MANDATE THAT ALL BARS, N RESTAURANTS,AND FOOD SERVICE ESTABLISHMENTS CLOSE FROM 11 P.M.UNTIL 5 A.M.EACH DAY STARTING AT 11 P.M. ON JULY 24, 2020 AND ENDING AT 5 A.M. ON AUGUST 19,2020; PROHIBITING ALCOHOL SALES FROM 11 P.M.UNTIL 7 A.M.EACH DAY STARTING AT 11 P.M.ON ,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 `- MUNICIPAL ORDINANCE IN CONFLICT; PROVIDING N FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL d ORDINANCES INCONSISTENT HEREWITH; PROVIDING N FOR TRANSMITTAL TO THE SECRETARY OF STATE AND PROVIDING FOR AN EFFECTIVE AND SUNSET ti DATE. v 0 m 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 U WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads 3 mainly from person to person through respiratory droplets produced when an infected person coughs, sneezes,or talks; these droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs; and studies and evidence on infection control report that these droplets usually travel around 6 feet(about two arms lengths); and 0 a) Ch WHEREAS, the CDC advises that a significant portion of individuals with coronavirus c 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 o virus can spread between people interacting in close proximity—for example,speaking,coughing, M or sneezing-even if those people are not exhibiting symptoms; and o 6 WHEREAS, despite several protective measures taken by the State and the County, the z infection rates have grown worse; and c c 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 WHEREAS, Miami-Dade County is immediately adjacent to Monroe County and Broward County is located between Miami-Dade and Palm Beach counties; and w a, E U tli Page 1 of 6 a Packet Pg. 6 B.1.a 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 Cn 0 N WHEREAS,current research has shown that a leading means of spreading the virus is by N passage of aerosol particles exhaled by infected persons;and ti d WHEREAS, the CDC, State and Local Health Officials, as well as Monroe County have sa. 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 0 N 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 v there was but one opening day of lobster season; and 0 m WHEREAS, in 2020, the lobster mini-season falls on July 29 and 30 and the regular lobster season begins on August 6,2020; and 0 0 WHEREAS, FWC has advised that,by far, Monroe County is the county most impacted by mini-season in terms of the number of people participating in the season; and d L WHEREAS, experience has demonstrated that the annual mini-lobster season attracts a large number of visitors to Monroe County; and 0 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 o community spread of the virus, including the patronizing of local restaurants and bars;and N 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 d z 0 WHEREAS, on June 26, 2020, the Florida Department of Business and Professional ,Regulation (DBPR) issued Emergency Order 2020-09, which closed bars for all but carry out service, as amended on July 1, 2020; and WHEREAS, DBPR premised that order on the statement that bars serve as venues for spread of the virus because people tend not to engage in social distancing and tend to mix with people with whom they have not been quarantining; and w c a, E U Page 2 of 6 Packet Pg. 6 B.1.a 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 cn 0 N WHEREAS, the Board finds it is in the best interest of public health, safety and welfare N of the residents and workers of, and visitors to, the Florida Keys to prohibit bars and restaurants ti 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 Q. August 19, 2020; and 0) r WHEREAS, the Board finds that the inconvenience of an ordinance requiring the late > night closures of bars and restaurants during this two-week period is minimal compared to the risk to the health,safety,and welfare of the community were no such rule imposed and is preferable to requesting the FWC cancel or reschedule mini-lobster season; and n. CD WHEREAS, the Board finds implementation of this ordinance is necessary for the N preservation of the health, safety,and welfare of the community; and ti v WHEREAS, several other State and local jurisdictions across the country have mandated v 0 curfews for restaurants and bars in their response to COVID-19; and m c WHEREAS,Section 1(f) of Article VIII of the Florida Constitution vests the Board with 6 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 d L 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 0 WHEREAS, adopting regulations via ordinance allows for enforcement through a variety of mechanisms including a quasi-criminal offense under F.S. 125.69(1); civil and administrative remedies under chapter 162, Florida Statutes; and enforcement actions for injunctive and other o relief in circuit court; and N 0 N 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 c WHEREAS, F.S. 252.38(3)(a)(5) gives the County the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law in order to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community; and a a� L WHEREAS, F.S. 125.66(3) permits the Board to waive the notice requirement and adopt w an ordinance by 4/5u'vote in emergency circumstances. •• c a, E U Page 3of6 Packet Pg. 7 B.1.a NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. N The Board further finds that an emergency exists that necessitates dispensing with the notice N requirements in F.S. 125,66. d SECTION 2. Definitions. The following definitions shall apply in this ordinance. (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. v (2) A bar is defined as any vendor licensed by the Department of Business and N Professional Regulations (DBPR) to sell alcoholic beverages for d consumption on premises. N r (3) An operator shall mean any individual or entity that owns a bar and/or food ti 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 m individual. s� 6 SECTION 3. Mandatory requirements. 0 (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 L 5.00 A.M. the following morning. c 0 (2) This prohibition does not prevent a bar or food service establishment from having employees on premises during the hours when closed under this ordinance to engage in food preparation, restocking supplies, cleaning the E establishment,or maintaining security. N 0 N (3) The operator of the bar and/or food service establishment shall ensure that N every individual in that bar and/or food service establishment complies with o this ordinance. 0 z 0 U (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 L following morning. O U C d L 1_ W Y.d 1_ .E. U Page 4 of 6 Packet Pg. 8' B.1.a SECTION 4. Penalties and Enforcement. This ordinance may be enforced in the following manner: CD (1) Quasi-Criminal Offense. N a. Any state, county, or municipal law enforcement officer may N 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. 0) 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 v offense. N r n. (2) Civil Citation. o 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 o ordinance occurs is considered a separate offense. 0 (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 c appear before the Code Compliance board or special magistrate 0 of that officer's jurisdiction. b. Any person or business establishment found in violation of this ordinance may be fined pursuant to part I of Chapter 162,Florida E Statutes. Each day a violation of this ordinance occurs is N considered a separate offense. N 0 (4) Iniunctive relief. a. The State Attorney of the 16`h Judicial Circuit and/or the County z° 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. E w c a, E U Page 5 of 6 Packet Pg. 9 B.1.a (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 a section against a violator. Attorney's fees and costs incurred in an action to cn enforce this ordinance may be awarded to the substantially prevailing party N at the discretion of the court. N r• d 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. 0) r SECTION 6. Applicability and Conflict. This ordinance is intended to have countywide application except within a municipality which has adopted an ordinance in conflict this this v 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 conflict, N r S_ECTj(IN 7. Effective Date. This Ordinance shall take immediate effect upon adoption and v filing with the Department of State and shall become enforceable at 11:00 P.M. on Friday July 24, 2020. m c SECTION 8. Sunset Date. This ordinance shall sunset at 11:00 P.M.on Wednesday, August 19, 2020. U SECTION 9. Codification. Due to the temporary nature of this ordinance, the Board directs the Clerk to send the ordinance to the Municipal Code Corporation for publication on its website but with instructions not to codify the ordinance within the Monroe County Code. c 0 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of July 2020. 0 .E Mayor Heather Carruthers Yes 7 0 Mayor Pro Tem Michelle Coldiron Yes o $ Commissioner Craig Cates Yes J N Commissioner David Rice Yes o ` Commissioner Sylvia Murphy Yes _ _ �6 0 BOARD OF COUNTY COMAiI.SSIONARS KEVIN MADOK, Clerk OF MONROE AXORIDA co L ( ' O By: `�3�a-"�...�.� w�, z.� By: c As Deputy Clerk May6r H er Carruthers a, E momm cotpm ATrqy4JEy W APF" F NA: a� R.JR. Page 6 of 6 � M U Q Packet Pg. 10 B.1.b U ORDINANCE NO.022 . 2020 AN UNCODIFIED ORDINANCE BY THE BOARD OF N COUNTY COMMISSIONERS OF MONROE COUNTY, N FLORIDA AMENDING ORDINANCE NO. 014-2020 TO ti MANDATE THAT INDIVIDUALS WEAR A FACE 2 COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES; �. ESTABLISHING A MINIMUM COUNTY-WIDE REQUIREMENT, EXCEPT TO THE EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT; PROVIDING > FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL, v ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE AND PROVIDING FOR AN EFFECTIVE AND SUNSET 0 DATE. N r WHEREAS,the Board of County Commissioners of Monroe County,Florida(hereinafter v "Board") finds that COVID-19 presents a danger to the health, safety, and welfare of the public; and m U 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 2 coughs,sneezes,or talks;these droplets can land in the mouths or noses of people who are nearby c 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 c WHEREAS, the CDC advises that a significant portion of individuals with coronavirus lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- symptomatic") can transmit the virus to others before showing symptoms. This means that the virus can spread between people interacting in close proximity—for example,speaking,coughing, or sneezing—even if those people are not exhibiting symptoms; and •L WHEREAS,the CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain in order to slow the spread of the virus and help people who may have the virus and do not know it from transmitting it to others; and42 Cr WHEREAS,the CDC does not recommend wearing cloth face covering for children under I- 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' N N 0 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 c Z E. O Y.d 1_ .E. Page 1 of 8 Y Packet Pg. 11 B.1.b 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 N producing and selling coverings; and N r. 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 CDVID-19; and 0) WHEREAS,the Board finds the inconvenience of an ordinance requiring the use of face > 0 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 r n. WHEREAS, the Board finds implementation of this ordinance is necessary for the N preservation of the health, safety,and welfare of the community; and r ti WHEREAS, Section 1(f)of Article VUI of the Florida Constitution vests the Board with v v the authority to enact ordinances having countywide effect that are not inconsistent with state law, 0 provided that such ordinance shall not be effective within a municipality that has adopted an m ordinance in conflict with the County ordinance, to the extent of such conflict;and ui WHEREAS,the State of Florida has not preempted local governments from regulating in a' the field of minimum health requirements with respect to CDVID-19; and _ sa. 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 E County Code that are enforceable as misdemeanors by law enforcement through F.S. 252.47 and F.S. 252.50; and c' z� z� WHEREAS, adopting regulations via ordinance would permit additional enforcement options through code compliance and injunctive relief; and c' L 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 Cr 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 0 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 L 0 Y.d E .E. Page 2 of 8 Y Packet Pg. 12 B.1.b U 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 Cn a single complex of buildings which is rented to guests more than three times in a calendar year N for a period of less than 30 days or 1 calendar month, whichever is less, or which is advertised or N held out to the public as a place regularly rented to guests." See, F.S. 509.013(4)(a)1; and .2 z� 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 0) that term was defined in the ordinance until the ordinance sunsets, and 0 WHEREAS,the number of infections has increased dramatically since the mask ordinance �? was adopted;and r n. WHEREAS, on June 26, 2020, the Emergency Management Director issued Emergency N 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 v v person; and m 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 c WHEREAS,the Florida Legislature has stated that "[slafeguarding the life and property Q of its citizens is an innate responsibility of the governing body of each political subdivision of the c state"such as Monroe County and its five municipalities; F.S. 252.38; E L U NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0i Ordinance No. 014-2020 is hereby amended as follows: 0 (Added language is underlined; deleted language is stricken through.) 0 U tli SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. Cr d L N SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as N follows: "' N Q (1) Face Covering. A"face covering"is a material that covers the nose and mouth. z 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. c a� E Page 3 of 8 Y Packet Pg. 13 B.1.b U (2) Business establishment. A "business establishment" means a location where any business is conducted, goods are made or stored or processed or where 0 services are rendered. The term "business establishment" also includes N locations where non-profit, governmental, and quasi-governmental entities N facilitate public interactions and conduct business. The term shall include the .2 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 0) r their own protocols. O (3) Lodging establishment. A "lodging establishment" shall have the same �? meaning as the term "transient public lodging establishment" has in F.S. CD 509.013(4)(a)1 (2019). A lodging establishment is a specific type of business d establishment. N r (4) Operator. An "operator" shall mean any individual or entity that owns a ti 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. m (5) Social Distancing. "Social distancing" shall mean keeping space between yourself and other persons by staying a minimum of six (6) feet away from another person. c a, _ sa. SECTION 3. Recommended standards of conduct. (1) Vulnerable Populations. Individuals older than 65 years of age and E L 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 L guidance. Those living with vulnerable individuals should be aware of the > exposure risk that they could carry the virus back home after returning to work or other environments where distancing is not practiced. Vulnerable populations should affirmatively inform their employer that they are a Cr member of a vulnerable population so that their employer can plan CD accordingly. N 0 N cv N SECTION 4. Mandatory requirements. o 6 (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 Z E. (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. E Page 4of8 Packet Pg. 14 B.1.b U (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 N Centers of Disease Control and the State Department of Health. N r. (4) Each operator of a business establishment must close that establishment to the public for at least 3 days if the operator or an employee of the s' establishment tests positive for COV1D-19. Before reopening,the operator 0) must disinfect the premises of the business establishment according to 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 a. closure provision does not apply to essential businesses as defined by N Executive Order 20-91,as amended. r ti (5) An operator, manager, employee, customer or patron of a business establishment must wear a face covering while in that business m establishment when unable to engage in social distancing. U d (6) The requirements of this section do not apply to: 2 a. Restaurant customers or patrons while dining and/or consuming beverages while seated at a table i b. A gym patron engaged in a workout or class where at least 6 feet of distancing exists with the next closest patron. E c. Barbershop or beauty salon customers or patrons when wearing a face covering would reasonably interfere with receiving services. zz d. Business operators and employees who are in an area of a business establishment that is not open to customers,patrons,or the public, provided that 6 feet of distance exists between employees. When an operator or employee is in their place of 0 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 Cr 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 d z 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. c a, E Page S of 8 Y Packet Pg. 16 B.1.b (7) An operator and/or employee of a business or lodging establishment shall ensure that every individual in that establishment complies with this section. 0 N (8) When a customer of a business establishment asserts that he or she has a N disability that prevents the individual from wearing a mask or facial 2 covering, the operator or employee of the business establishment may exclude the individual, even if they have a disability, as they pose a direct threat to the health and safety of employees and other customers when not 0) wearing a facial covering, even if asymptomatic, and shall accommodate the disabled individual in a manner that does not fundamentally alter the operations of the business establishment nor jeopardize the health of that v business's employees and other customers, such as providing curb service CD or delivery or other reasonable accommodation. 0 N LO SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the following manner: v v (1) Quasi-Criminal Offense. A. Any state, county. or municipal law enforcement officer may m arrest or issue a notice to g2gar for any knowing and intentional violations committed in his or her presence or through procurement of an arrest warrant. Violations shall be prosecuted by the State Attorney of the 16`t'Judicial Circuit. b. A pgrson found in violation mgy be punished by gp to 60 days Q- in the County Jail and/or a fine of up to $500. Each day a violation of this ordinance occurs is considered a Mar E L offense. c (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 Cr punished by a fine of up to$500.00. N 0 N (3) Administrative Notice of Violation. N a. A county or municipal code compliance officer may, upon 0 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. L O Y.d E .E. Page 6 of 8 Y Packet Pg. 16 B.1.b b. Any person or business establishment found in violation of this ordinance may be fined pursuant to part I of Chapter 162,Florida 0 Statutes, N N (4) Injunctive relief. a. The State Attorney of the 16d'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, 0) 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 v action for injunctive relief in Circuit Court seeking to enjoin 0 violations that occur with that municipality. 0 (5) Private Right of Action. Any natural person may seek injunctive relief in the Circuit Court for the 16'' Judicial Circuit to enforce violations of this section against a violator. Attorney's fees and v costs incurred in an action to enforce this ordinance may be awarded to the substantially prevailing party at the discretion of the court. m U d (6) Defenses. An owner, manager, and/or employee of a business establishment shall not be liable in any enforcement action taken a' under this section for the violations of a guest, customer, and/or patron if that owner, manager,and/or employee directed that guest, i customer, and/or patron who refuses to wear a face covering to vacate the premises or face prosecution of trespass. E L U SECTION 6. SeverabRity. 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 z� shall not be affected by such invalidity. ai c 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 Cr d conflict. L 0 N 0 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. c Z E. O Y.d E .E. Page 7 of 8 Y Packet Pg. 17 B.1.b 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 N PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, a Florida, at a regular meeting of said Board held on the 15d'day of July 2020. sa. Mayor Heather Carruthers Yes Mayor Pro Tem Michelle Coldiron Yes Commissioner Craig Cates Yes v Commissioner David Rice Yes Commissioner Sylvia Murphy Yes o N BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA v 0 m U By: By: As Deputy Clerk Mayor Heather Carruthers c a, sa. c ,C C r:7 O U tli Cr d L MONROE A N 0 Cv -- - - -- N N ROVERMJR. `0 0 G o DM z d U C tli C L 0 Y.d E .E. Page 8 of 8 Y Packet Pg. 18 B.1.b III T at,vb �,� r ikt a rna b� �o Agrin,zEN o m0, We moG�tr3t V The Florida Keys Only Delly Ah9wspaper,Est. 1878 � PO Box tom,ley West FL 3304Elk orp tom.N onto P:(3 )292 7777 ext 219 P(305)295-8025 �bfnar;llzsk, r N fagal key s at aaws,co ICU � llstteif aru�la arudtenda Fack N et, I sus�ra�rnpttad,tinter Wo ti MON COO I / � e�t�Nl�d�N �and eTHE low HISTORIC GATE BUILDINGr �t r� 4lue?stel tf KEY WEST FL 33040 J l blrmaraot ttt r lzk Q1 muto c unt,, 143331 'ticket: 481 t�c�l�l�� A I'll$h mtun '"mo , rodtll r -- �mie; yayar, aatt�lo ,� a7a�� ItaV- 0 P4I I.I sII IT'S AFFIDAVIT ourttetr,t'�� part't�hl aa3tart Nfl STATE F FLORIDA �fir n m��su gut�ru�or h e COUNTY OF MN phy�oat Nd�� P�r" ul�r� NOTICE I 14EREBY GrYEN TO WHOM rr MAY CONCERN that on July 15,xtlxo at g o 1:30 Pl+r,or as soon thereafter as may The n q Before the undersigned authority personally appeared be heard,the Board of Courtly[omtto quest t �� "er,� u� stoners of n Vont F a It ttoNo ` IY yt at orsnilti who on oath says that he or she is lctw JtrNy��,21 ela4 tn+ C) t d 0 -- of the Bey t Citt`.en,a lolly ne �r IM �. paper pubti ed in ley test in Monroe county,Florida,that the attached copy cotI � �t 'YsIB0,19WHOMWuunf Eton 411 o ci ROE �t d fyNy f , ts-0troe of advertlsment being a legal notioe in the matter of ORDINANCE NO.C 14- 0 Ct t 'aSt 9 z at dta tN eN 'Q �d ors i N nY was published In said newspaper In the issues ot: �,� ��t�rd �� "N � � Clone ro lomty, dpttda,Will ht� `"T a) cot hot b °r�tiv for , ➢ s,ha 111 are r the ,July 1 Wednesday, To lov'lts tiUmy V rt3 e ��t a�lt'ftt frig slassl4z '�i io tt Q Oft � r�r SEVII TIVE �jtna t Cyr rL Afhant further says that the Key West Citizen is a newspaper r published in Key yu ar C � l*4�ft pT,� t� laaNr •, c Vest,in said Monroe County, Florida and that the said newspapers has hereto- (exfr d ' ff tom �fp� fore been continuouslypublished in said Monroe County,Florida eve da ,and try ��tNp "N�� 'A p� �tIA, 61 Pf 10 stt�'a p, p ter, y ty ta d +dNNffIn,1,1*00 A has been entered as periodicals matter at the post office in Key best in said ft tl t '' ? p y Cemtt T o t` N Nip 1rN or imr ,p I Monroe County,Florida,for a period of 1 year next preceding the first publil cation oral " p ��flE�l t Td. Sara Irt;t l prmo dP6' �f'tpq of the attached co of adtrertisement,and afflant further says that he or ells has to cow ;pfr,A, tCNy ,rNt , ttna�rpto copy y virus, , LtfN4h 'tftt wCl lto'Noltl :fps ltrsnln &t197�;f ttE neither paid nor promised any person,firm or corporation any discount,restate, via C sfV9, 'T, :v '�ttplr�o rr - lha r commission or refund for the purpose of securing this advertisement for publicam (*CM' tttlElrtlffST1Er tftNs tlettudr form rf eten Lion in the said newspaper. Pursu ant to,&t C,4tt4 Order rr� 20 y NrNs tNr +a � l�a(r "7f I sal ( autN Orprf� 9'p� GlodtnNnq€tp ayaNl ,v S The tr2 29yt,73artdm�°f �} ��rNa�C�uutw t�g � c� igtmature of Atant} t!'s IVeter.ot N7rssa C rl t e tarty card ofotro 'fit O ran t traV.dur4 Uldthos t3blkthmed, soe i, U diallnr to tatpialn thes A the ytp t d rtrN s s d b$fore re this ttth day of,holytiNiaT f vogue ttris NrteNn viltie pa NNr tr lNorla its WebYn Aa6remohloslion a ( srsold y pf1� w to t!H 0 `� by the t T b lru a 7 C a sport I ti,, a idm as Orel � § rrrss5l� a)rnoNdt Fartda i (No blip ' nature ttcurirta ,Crty a ptutal The ,00Ilc tt wing" etvto 9Ftf Ka F Vitt N i ., ��y,5'46ttrital Asa ohs Ito Nn ora'rNw i « the'V ty'o MCN Colow, CttgtsrreN 7 t;y for rm tiargr of tie itaforr N $ otary Puy-tic Printed Name) (N I live do oats to aud�0,001 ,fee I",r Otte by �Board of County Commit- N age tl dialln ,,t l 5 R 91 of (s y) v N acku0 E933 and, sou rmptkd,ort e O My commission expires Wobindr toot 9 735rt ddtE followed Key rl a,this 24th p bytlta�Nray, e, o7ft, Z �tmttts► KEVIN MADOK„ Clerk er Court and err offido Clerk of � rug the 'k Y if g the Doty' e r of County Commissloners of C Personally Known Produced Identification �rt�i � items yzu � � arse seie�trn oun ,,Florida C �� 'KeY VNst Citizen _ T of Identification Produced al A the " atth tnrt�tuanNt� tr �era vart � Type Nas+e cNdsed saptis�frroy ,asi lnaeguated' i Yttl y�a� that lruritNds t'hue at�ena asnda ti'Vks tt, ; b)It cl 'r 1 t� d . l ®1 bl w em tN e to t tvost omv t or the' a�or galls for sea ers on theth v lus netts yota valzh to oohs, ent ow tC et B en,_ouuress and name to join the webinar and then select the 'Raised Wand'feature that are- Packet Pg. 19 B.1.b CL WNEEKi,1 li,1>r� �a t,Il Yx`c` , it_- r 4 i ��l�i woftlL ,�e + J Cn i�t st<, + RECEIVED N Published Weekly JUL Marathon,Monroe County,Florida ;j fait t,t+i �c � � ,a r fia - r�l}? M ONR E C�'0!rS�"I'`-`, ��"?"D�t(�@�rk � PROOF OF PUBLICA-TION q STTE OF FLORIDA }}� � � � ��ti COUNTY OF MONROE ;,t ` „� _- > ��, J Before the undersigned authority tint �+- � �,�� ' r `,,t 0 personally appeared JASO� N KOLER who on oath, sags that he is PUBLISHER of Iii';,{ �� i � 'n'_ .. .,, the WEEKLY NEWSPAPERS, a weekly 4 1 d�7rt+?� } � ' a newspaper published in Marathon, in Monroe County, Florida. that the �11N t 10 attached copy of advertisement was published in said newspaper in the issues of,(date(s)of publications Ot #fyl y fi5ant further says that the said WEEKLY NEWSPAPERS is a newspaper published at Marathon, in said Monroe County, � ��, � � �' ��i�z�� ` � � 4) CL Florida,and that the saidd newspaper has heretofore been continuouslypublished ksti E In said Monroe County, Florida, once + S each week (on Thursday) and has been � �y t t •qualified as a second class mall matter at �� the post office in Marathon, In Monroe County,Florida,for a period of one year next preceding the first publication of �, �a ` �+ ; 6i the attached copy of advertisement,The L a ant further says that he has neither i paid nor promised any person, farm, or ' I ' �„'? ` v corporation any discount, rebate commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s)and that The Wegki P� I �i�� N o Ilp titl Chaffer SO of theFlorida State_-Slatutes on Legal and N CN lal v i m n +;: CD p O t Z if V Sw t and bs ribecl before me th d of 2020. l 0 t .. v Notary E v 5 d=Fr PAT ILIA ANNE CHILDRESS cC �t4,otaty Pubft— tBtB of PYtitids Q +r commission 4 GG 302466 MY commission Expires Packet Pg. 20 i W i • r • • . ,, • - .`° ITO . - 111g ,{4 ! pp i I S k - '4� i t { t ! "t ) _1; t tk S4! � ire h�• .�. IN !tt 1�ht b }i t>tI`i� r tint 4 ?G tad i��tS t - ! t +lit�t Id;iS }ash-stt �ttd- r" fL Ill !� i! it S��i ;iS k0 irs it s ! S <t1 9{ tsst j i £i'� t'f�it t ! s( !i ! �t'f�rtlJib�Ylsit i'�f�i\ i;illSf f ti f1�I��Srrt �' is t t VIM � S �t M 65, (r t t t t�ti tltiy v' t.: t � l liAt to its�t �' f O N t'r�o�l�l�� .;,a 1t11 itt i ��1ts t t�1U1 l�kU ttjt [S��S}ri\S Il�t kllS;��l yi({tj11,� lSri \t��yyr � tPG t V k !I � S t 7}�rtSr t{ls r i tt �1;--( lttif s;�)� �iy t yi }sku 9 tI s5t��s t!s sr t} s_tttr d Q �' t - r s i i � �tst trlSV1 i P`Vt i 1(lt�� i ritttt��l 76 t i} Ms ! '`M t � tG YKfl� C vow N ST. N C3 O Z V C C i O C G1 t v B Packet Pg. 22 B.1.c ORDINANCE NO. 014-2020 AN UNCODIFIED ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA TO MANDATE THAT INDIVIDUALS WEAR A FACE COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES; ESTABLISHING A MINIMUM COUNTYWIDE REQUIREMENT, EXCEPT TO THE cC EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT; o PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR TRANSMITTAL TO THE 2 SECRETARY OF STATE AND PROVIDING FOR AN EFFECTIVE AND SUNSET DATE. D 0 r 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 v 0 r, WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads mainly from person to person through respiratory droplets produced when an infected person coughs,sneezes,or talks;these droplets can land in the mouths or noses of people who are nearby v or possibly be inhaled into the lungs; and studies and evidence on infection control report that m these droplets usually travel around 6 feet (about two arms lengths); and ®, r WHEREAS, the CDC advises that a significant portion of individuals with coronavirus > lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- symptomatic") can transmit the virus to others before showing symptoms. This means that the a, virus can spread between people interacting in close proximity---for example,speaking,coughing, S or sneezing—even if those people are not exhibiting symptoms; and v WHEREAS, the CDC recommends wearing cloth face coverings in public settings where U other social distancing measures are difficult to maintain in order to slow the spread of the virus Cr and help people who may have the virus and do not know it from transmitting it to others; and L 0 N 0 WHEREAS,the CDC does not recommend wearing cloth face covering for children under IV the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the mask without assistance; and z a� WHEREAS, the CDC recommends only simple cloth face coverings for the general = population and not surgical masks or N-95 respirators because these are critical supplies that must c continue to be reserved for healthcare workers and ether medical first responders; and 0 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- s it-yourself'coverings for people that cannot or do not want to buy one from the increasing sources producing and selling coverings; and a Page 1 of G Packet Pg. 23 B.1.c 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 WHEREAS,the Board finds the inconvenience of an ordinance requiring the use of face g coverings or other suitable face coverings is minimal compared to the risk to the health, safety, 2 and welfare of the community were no such rule imposed; and a WHEREAS, the Board finds implementation of this ordinance is necessary for the v preservation of the health,safety,and welfare of the community; and N 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, a provided that such ordinance shall not be effective within a municipality that has adopted an ordinance in conflict with the County ordinance, to the extent of such conflict; and WHEREAS,the State of Florida has not preempted local governments from regulating in the field of minimum health requirements with respect to COVID19;and r, r 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 v County Code that are enforceable as misdemeanors by law enforcement through F.S. 252.47 and F.S. 252.50; and 00 r WHEREAS, adopting regulations via ordinance would permit additional enforcement options through code compliance and injunctive relief; and WHEREAS, 28 C.F.R. 36.208, the implementing regulations for the Americans with = Disabilities Act states that the ADA does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages v 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 w Cr disability, to wear a face mask may access the goods and services of the businesses through the provisions of curbside service or home delivery; and N 0 N WHEREAS, the Third District Court of Appeal has defined the term business r 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. z° Santos, 118 So.3d 317 (Fla. 3d DCA 2013); and M WHEREAS, the Florida Legislature has defined the term "transient public lodging establishment" to mean "any unit, group of units, swelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for a period of less than 30 days or 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; v a Page 2 of 6 Packet Pg. 24 B.1.c NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: _ SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as follows: Q" N 0 (1) Face Covering. A "face covering" is a material that covers the nose and mouth. It can he secured to the head with ties or straps or simply wrapped around the lower face. It can be made of a variety of materials, such as cotton, sill`, or linen. A cloth face covering may he factory-made or sewn �CL by hand, or can be improvised from household items. w r (2) Business establishment. A"business establishment"means a location with a roof overhead under which any business is conducted,goods are made or O stored or processed or where services are rendered. The term "business v establishment" also includes locations where non-profit, governmental, N and quasi-governmental entities facilitate public interactions and conduct business. The term does not include schools servicing students under the v age of 18. m (3) Lodging establishment. A "lodging establishment" shall have the same c� meaning as the term "transient public lodging establishment" has in F.S. 509.013(4)(a)l (2019). A lodging establishment is a specific type of business establishment. 0 am SECTION 3. Recommended standards of conduct. 0 v (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 w Cr whom he or she does not reside. 0 N (2) Every person over the age of six(6)who is away from his or her residence N should carry a face covering capable of immediate use. r o (3) Each owner or manager should establish rules for that business z0 establishment that encourage social distancing, hand washing, and other protective measures for customers and employees based upon guidelines c provided by the Centers of Disease Control and the State Department of =a Health. O _ 0 E s v Q Page 3 of 6 Packet Pg. 25 B.1.c (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 a W exposure risk that they could carry the virus back home after returning to D work or other environments where distancing is not practiced. Vulnerable N populations should affirmatively inform their employer that they are a member of a vulnerable population so that their employer can plan c accordingly. CL r SECTION 4. Mandatory requirements. > 0 (1) An owner, manager, employee, customer or patron of a business �? establishment must wear a face covering while in that business N establishment. r (2) The requirements of this section do not apply to: v 0 a. Restaurant customers or patrons while dining and/or consuming 00 beverages while seated at a table r' b. A gym patron engaged in a workout or class where at least 6 feet of distancing exists with the next closest patron. 0 c. Barbershop or beauty salon customers or patrons when wearing v a face covering would reasonably interfere with receiving c ._ Services. d. Business owners, managers, and employees who are in an area v of a business establishment that is not open to customers, v patrons, or the public, provided that 6 feet of distance exists w Cr between employees. This exception does not apply to employees who are present in the kitchen or other food and N beverage preparation area of a restaurant or food c•, establishment When an owner, manager, or employee is in their place of employment but not within six feet of another person,that owner,manager,or employee does not need to wear z° a mask. e. Bar patrons while consuming beverages and/or food. M f. A lodging establishment guest when inside of the lodging unit including but not limited to a hotel room, motel room, vacation rental unit, timeshare unit, or similar unit. 0 (3) The owner, operator, manager, and employee of a business or s lodging establishment shall ensure that every individual in that establishment complies with this section. a Page 4 of 6 Packet Pg. 26 B.1.c (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 c exclude the individual,even if they have a disability,as they pose a direct threat to the health and safety of employees and other 2 customers, even if asymptomatic, and shall accommodate the 2 disabled individual in a manner that does not fundamentally alter the a operations of the business establishment nor jeopardize the health of that business's employees and other customers, such as providing 4 curb service or delivery or other reasonable accommodation. N SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the a following manner; D r (1) Civil Citation. a. A code compliance or law enforcement officer may, upon observation of a violation by a person who does not immediately Cq put on a face covering after receiving a warning, issue a notice to appear or civil citation to appear in County Court. b. Any person or business establishment prosecuted under this v subsection and found in violation of this ordinance may be punished by a fine of up to$500.00. 00 r (2) Administrative Notice of Violation a. A county or municipal code compliance officer may, upon discovery of a violation by a person who does not immediately put on a face covering after receiving a warning, issue a notice = of violation and notice to appear before the code compliance board or special magistrate of that officer's jurisdiction. v b. Any person or business establishment found in violation of this v ordinance may be fined pursuant to part I of chapter 162,Florida w Cr Statutes. 0 N (3) Injunctive relief. N a. The State Attorney of the 16'h Judicial Circuit and/or the County r Attorney may file an action for injunctive relief in Circuit Court seeking to enjoin violations that occur throughout the County, except for z° violations that occur in a municipality that has adopted an ordinance in conflict with this ordinance. M 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. E s v a Page 5 of 6 Packet Pg. 27 B.1.c (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 c enforce this ordinance may be awarded to the substantially prevailing party at the discretion of the court. 2 (5) Defenses.An owner,manager,and/or employee of a business establishment Q shall not be liable in any enforcement action taken under this section for the W 40 violations of a guest,customer,and/or patron if that owner,manager,and/or N employee directed that guest, customer, and/or patron who refuses to wear N a face covering to vacate the premises or face prosecution of trespass. CL SECTION b. Severability. If any section, subsection, sentence, clause, or provision of this D 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 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 N ordinance pursuant to Article VIII, Section 1 of the Florida Constitution. All County ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said U conflict. U O in SECTION 8. Effective Date. This Ordinance shall take immediate effect upon adoption and c� shall be filed with the Department of State. SECTION 9. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this ordinance shall sunset on dune 1, 2021, subject to quarterly review. a, 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 v instructions to not codify the ordinance within the Monroe County Code. U w Cr PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 171h day of June 2020. N 0 N Mayor Heather Carruthers Yes r Mayor Pro Tem Michelle Coldiron Yes r' �` Commissioner Craig Cates Yes z° s Commissioner David Rice Yes -- Q Commissioner Sylvia Murphy Yes O0 e _ M (SEAL) BOARD OF COUNTY CONWISSIOPgRf O Attesti KEVIN MADOK, Clerk OF MONROE C RIDA . � a E s By: By: v As Deputy Clerk Mador er Carruthers a IMOWOE COUNTY A NEY APPRa wo A8 TO . Page 6 of 6 ��rR,JR �2rA 0 Packet Pg. 28 COL%r� B C Kevin Madok, CRA . Clerk of the Circuit Court& Comptroller—Monroe County, Florida June 18,2020 2G Department of State a Administrative Code& Register (n 40 500 S Bronough Street env Tallahassee FL 32399-0250 N To Whom It May Concern, 2 CL Attached is an electronic copy of Ordinance No. 014-2020 an uneodified Ordinance by the Board D of County Commissioners of Monroe County, Florida to mandate that individuals wear a face covering in public in certain circumstances; establishing a minimum county-wide requirement, except to the extent of a municipal ordinance in conflict; providing for severabiiity; providing for repeal of all U ordinances inconsistent herewith; providing for transmittal to the secretary of state and providing for an 0 effective and sunset date. N r This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular v meeting, held in formal session,on June 17, 2020. Should you have any questions please feel free to contact me at(305) 292-3550. 00 r Respectfully Submitted, O Kevin Madok,CPA,Clerk of v the Circuit Court& Comptroller& _ ex-officio to the Monroe County Board of County Commissioners v a) by:Pamela G. Hancock, D.C. ,2 Cr 0 N O N .d. O Z V CC.' Emergency Management c County Attorney S MunicCode BOCC File £ s v Q KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4541 305-289-6027 305-852-7145 305 Packet Pg. 29 FLORJDA DEPARTMENT 0 STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State 2 a W 0 N N June 18, 2020 d 0. D 0 r Honorable Kevin Madok > Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 U Attention: Pam Hancock O m 0 Dear Mr. Madok: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your ov electronic copy of Monroe County Ordinance No. 014-2020, which was filed in this office on June 18, a, 2020. S 0 Sincerely, a� v 42 w Cr CD N O Ernest L. Reddick Program Administrator o 6 z ELR/lb M _ =a L O _ 0 E s v a R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Packet Pg. 30 B.1.c Pamela G. Hancock From: Ords Admin <ords@municode.com> Sent: Friday, June 19, 2020 6:38 AM To: Pamela G. Hancock Subject: RE: Monroe County, FL Code of Ordinances - 2008(14298) OrdBank Follow Up Flag: Follow up 'J= Flag Status: Flagged a W 0 N We have received your file. Thank you and have a nice day. CL D Ords Administrator r ords@municode.com 1-800-262-2633 P.O. Box 2235 �? Tallahassee, FL 32316 N r r When available, please send all documents in WORD format to Ords@municode.com. However, if WORD format is not W available, we welcome any document format including PDF. v O m Si r From: Pamela G. Hancock<phancock@monroe-clerk.com> Sent:Thursday,June 18, 2020 2:04 PM To: State of Florida <County0rdinances@dos.myflorida.com> 0 Cc:Amanda Leggett<leggett-amanda@monroecounty-fl.gov>; Carol Schreck<boccdis3@monroecounty-fl.gov>; Katie = Atkins<Atkins-Katherine@monroecounty-fl.gov>; Lindsey Ballard <Ballard-Lindsey@monroecounty-fl.gov>; Ords Admin <ords@municode.com>; Susie Ptomey<boccdis5@monroecounty-fl.gov>;Tamara Lamarche (boccdis4@monroecounty- o fl. ov <boccdis4@monroecount -fl. ov>• 'Luttazi-afar @monroecount -fl. ov' <Luttazi-afar @monroecount -fl. ov>• v g ) Y g Y Y g Y Y g 0) Weiner-Shannon <Weiner-Shannon@ Mon roeCounty-FL.Gov>; Kathy Peters (Peters-Katherine@monroecounty-fl.gov) ,2 <Peters-Katherine@monroecounty-fl.gov>;Yongue-Liz<Yongue-Liz@MonroeCounty-FL.Gov> Cr Subject: Ordinance No. 014-2020 N O N Sender Full Name: Pamela G. Hancock Sender Phone Number: (305) 292-3550 County Name: Monroe z Ordinance Number: 2020-014 M c =a L O c E Pamela G. Hancock s Deputy Clerk r Kevin Madok, CPA Q *_ Clerk of the Circuit Court& Comptroller 500 Whitehead St Key West, FL, 33040 i Packet Pg. 31 B.1.c KEY WEST JEN The Florida Keys Only Daily Newspaper, Est 187 P0 Box 1800 Key West FL 33041 P`p05)292.7777 exf.2f 9 F.(306)295-8025 legais@keys,news.com MONROE CO ADMIN1BCCC 11..�� i � THE HISTORIC CATC BUILDING 1100 SIMONTON ST SUITE - 0 KEY WEST EL 3304 CL W Account; 143331 Ticket: 346295N - r N PUBLISHER'S AFFIDAVIT � STATE OF FLORIDA AMENDED NOTICE OF INTENTION TO that appears at the bottom of � YIIIdTY F IVIC}NRtJE CONSIDER ADOPTION OF COUNTY the Zoom webinar screen to be C, ORDINANCE recognized by the meeting mon• itor, NOTICE IS HEREBY GIVEN TO WHOM IT r Be re th Undersi ed authority personally appeared MAY CONCERN that on June17,2020at The meting monhorlhost will re- 1:30 RM.,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 y who on oath says that he or she is sioners of Monroe County, Florida, in- the Mayor calls for public speakers on O tends to consider the adoption of the yyour item.To report problems with the U following County ordinance: broadcast,please call(305)872-8831. _ of the Key West Citizen, a daily nr?w15 AN ORDINANCE BY THE BOARD OF A person may submit written or other 04 paper published in ey VVe5t, nroe aunty, Flonda'that the attached copy COUNTY COMMISSIONERS OF MON physical evidence o a particular agen r ROE COUNTY; FLORIDA MANDATING da item for consideration at the BOCC of advert sment,being a leg oboe in the matter of AMENDED NOTICE OF THAT INDIVIDUALS WEAR A FACE COV- meeting to Lindsey Ballard via email to: to INTENTION Was published in said newspaper in the issues of: ERING IN PUBLIC IS CERTAIN MINCIRIMUM UMI I r - U STANCES,: ESTABLISHING A MINIMUM or by mall to;The County Administra- U COUNTY-WIDE REQUIREMENT EXCEPT Ior's Office,1100 Simonton Street,Key O Friday, tune 12, Lit TO THE EXTENT OF A MUNICIPAL OR. West,FL 33040. The documents must m DINANCE IN CONFLICT;PROVIDING FOR be received by 3:00 p.m.on Monday, SEVERABILITY,PROVIDING FOR EFFEC- June 15,2020 and must include the sub- 07 TIVE AND SUNSET DATES. mitter's name,address,phorie dumber r ftlant further says that the Key West Citizen is a newspaper published in Key and email address and the agenda item y y Pursuant to Executive Order Edo, 19- number the documents are regarding. y West in said Monroe County, Florida and that the said newspapers has hereto- 69(extended by Executive Orders No. Pursuant to Section 286,0105, Florida fore been continuously published in said Monroe County, Florida every day, and 20-1I2 and 20.139), Monroe County Statutes,notice is given that if a person V Emergency Directive 20-06, and the decidesto appeal any decision made by 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 tm Monroe County, Florida, for a period of t year next preceding the first publication cial distancing guidelines established considered at such hearings or meet- _ to contain the spread of the COVID 19 ings,he will need a record of the pro- of the attached copy of advertisement;and aff3ant further says that he or she has virus, this meeting will be conducted ceedings, and that, for such purpose, > neither paid nor promised any person,firm or corporation any discount,rebate, via Communication Media Technology he may need to ensure that a verba. commission or refund for the purpose of securing this advertisement for publica- ("'CMTM)using a room Webinar plat. tim record of the pproceedings is made, v form @ llwww monroecounty-fV which record includes the testimony 0) tion in the said news er, M" nolunel7. and evidence upon which the appeal is u - to be based. The public is strongly encouraged to watch the meeting on Monroe Coun- ADA ASSISTANCE:if u are a person Cri nature of Affiant ty's MCTV Comcast Channel 76 or lis- with a disability w o creeds spatial L ten to audio only from their phone by accommodations in order to partite- N dialing (646) 518-98tI5 or (669) 9 I pate in this proceeding,please contact nd !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 OOP 292- 41, between the � by the 8 key. hours of 8:30 a,in -5:00 p.m.,Ardor ro r r 1r the scheduled meeting,if you are(tear- n w h h n. ing or voice rrrrpalretf call "TT 1".Live 01 Jb inat 4++ t a� ha by ytsiting t e County's meeting Closed Captionang is available via our Z tra portal @ htto llmonmecourltv�l rom2. weds portal hhftr�:llm01Merountva mlCitizensfDefault,asrstand select!nr� ti.1 a2(offl 11ZgnsIDefautt.asrx for v : the"Watch Live banner to view wW meetings of the Monroe County Board = (Notary Publp Printed Nanle) (Notary live closed captlonin on an integrated of County Commissioners. M page that includes t9e agendalagenda C #IrttIrt1++ backup. Dated at Key West,Florida,this 8th day My commission expires t v of sane,2020. L — KEVIN MADOK, Clerk of O titular item oriths=oubllt coition o the the Circuit Court and ex officlo Clerk ofco .. agendawhen the meetin host andl the Board of County Commissioners of C Personally Known Produced Identification or the Mayor calls for speakers on the Monroe County,Florida 0 ., 1 ]tern you wish to comment on: 06J1212€I KeV West Citizen I= s Type of Identification Producede-r a) sn in dial *9 to ^raise v your han "to be recognized by the Zoom webinar monitor. Q 4l i( WAUhino the mggfiig tilt- + m click ondpen the live Zoom CD vvebinar link Lrwm mon- roecounty fl gt3vfBactMeet. 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 32 lest the "Raised Hand" feature 9 if=to , Canter f6r Disease Contrail(" so- r ctal distancing gui'delrpes Woblishecil to contain The„r read of the CO Ib-19 virus„ Yhir meet�nq Will be4tanducted I via Communication Ill Technology I"CMT") using a u om WV eurrar plat- I formYvuw rnrarrrvaexar�rru fl The,p ubfic Is str0o ly entodrra ed to � Wall the eneetfn5 on fWlutrrrie Court= +, to MCW Comcal Charmal 76 or Iism ten to audits onty from their phone by � dialing ( 6) 510-005 or I Sf 900. 6933 and,when pmp' ,a ratter the Vltiebinar IEIA 976 4088 73 followed v by the 4 key. 7ttu i to Q line by visiting thetch the o perr�at httla;iJlsl rr�aacerur,rtti�li°ag, e*i 4_n g ardseleetin the' atch Live"banner to views uv Wti it I N live closed captionin; on an integrates! j gage that Includes t o ar3enda"aa3enda ackup. t t comment on a rrar. CL yvfrera the Irreetin host andl rn or the Mayor calls for spea ery on the � item you wish to comment on. of,f 1 la4 *g to "`raise y yortr han d"tra ba retp rrized by O the Zoom weltrnar mnn for U bI if watrhino the mealsfinl o I click Well the live Zoom N uwebinar Iirrla' n Itt °,�appeats``In hdtln to the pu brls ed Agenda and Apen• U da Pas keta When prompted,err- U ter your email address ind name O to jmn the we�bmar and then se- lect the 'Raised Ifarrld"iiifeature 00 that appears at th9 bktorrr of the Zoom weblner sthsetu'ld be r recognized by the rneeting met) Nor. I w®`, The meeting monito0host Will re- 1, O quest The kern#you wish to speak on 0 and enable your partidpation when the Mayor calls for Ipulblic speakers or = ,gnur item.To report rMblcons with the roadcast,please cal I305f 872- n A person may submit written or other physical ei dense ptr a particular agen- v da item for consideration at the ROCC G1 rateetirugTtr Lindsey Raliard via email to U bafla�rialirnrlsevrrrr�rrrrteccrtanTv�� ,� ar by snail to.The County Adr InIstra- Cr for's Office,1100 Simontdn Street,Ivey as Most,FL 33040, The documents must L be reery d by 3.(l p,m,on Monday, N June 15,A R etnd mtAst inTtude the sub- mitter's name,6ddrass,phone number CD ,.., and email address and the agenda Item number the documents are,re aiding. I b1ioNotic Pursuant to Section;86,010 Florida ' O tatuTA rnodce 6 9Ivan that I a person decides to appeal any decision made by O the Board With rEsp t to any AMENDED NOTICE OF INTENTION TO y matter Z CONSIDER ADOPTION OF COUNTY considered ar such hearings or rneet- Gs ORDINANCE ings,he will need a eerortl tar-tine pro v ceedings, and that fo€ such purpose, c NOTICE is HEREBY GIVEN TO WHOM IT he may need to ensure that a verba• ; � MAY CONCERN that on June 17,2020 at tint record,of the r6ceetflogs 4 made, 1:30 r. ,,Or as soon thereafter as may which record"Ift,''Was;the tdstunvony', 'a be heard,the Hoard of County Commis. and evidence upon Which the appeal is stutters of Monroe County, Florida, in, to be based, tends,to rurrsidea the adoption of the r to,IIQMng aunty ordrnanceo ADA AssisT`ANcE,if pit are a person G1 hn1'11�`t a disabilityus b pal 40etlal E AN ORDINAK1, THE BOARD OF atcorrarrbi ons at d er to pal � J)UNTY C IW MISSWONERS OF MOM 1, pate rrr this ptotpedllrt�,please contact ROE,Cr rIATY FLI7ftINTA MANDATING tfae tCocloty Aclrrrinlsltafitrvrls Office, by two TIfA1 4NEiiltttl5 hfEAR FACE COtr. odaonrrapp f3tr5y 941,between the ERIINCu IN PJU0IJIC lff CERTAIN CIRCURI* hour;of ' dO am, `dR p.m.,,prior to Q STANCES; ESTAEkISHING A MINIMUM the scheduledrrreelraargr a u are!mart COUNTY-AJIl3E REQUIRE NIEI~T'EXCEPT i trg or voice irr aic ca Trim,Live TO THE EXTENT diF A MUNI01%OR. Closed Caption n is av cable vim our DIINANCE IN CONFUCTr PROVIDIN4 FUR vVeb pl @ sl �rtr� SEyER.ARIUTYu PROVIDING FOREEFEC= dr r a l�arst a or TIVE AND SUNSET D TE$. Pursuant to Executive Order o, 2dJw i 69 Iexend'ed by EXecutavve Gnlers Ndrt. ,_ . ! 30-1 12 and20-13% Monroe County Packet Pg. 33 Emergency Directive lid-pn, and the B.1.c E E F,ST *I r7'V C IPJN The Florida Keys Only Bally Newspaper, Est, 187 PO Box 18a3U,Key West FL 33041 P:(305)292-7777 e.xt.219 F:(305)295-8025 legals@keysnews.com MONROE CO ADMIN/BOCC � THE HISTORIC ATO BUILDING "JUN 2 9 '0?,0 � 1100 S MONTON ST SUITE - 0 KEY WEST FL 33040 t;F aa,11 a (,y , y.",pp OR I,,1 " C Q W Account: 143331 Ticket. 345372N N PUBLISHER'S AFFIDAVIT i:Z NYt� f01 If d STATE OF FLORIDA NQIICE OF IN rE fd II7ER NOTICE IS HERNEB'f GI'yEN Tp WHOM � COUNTY OF MON OB AQOPTIClN��CCIUlW 4 QRIdifl�1NC� MAY ONCE that on June 17,20 f1 NOTICE IS HEREBY GIVEN TO WHOM IT at 1:10 F.M,, or as soon thereafter i =) MAY CONCERN that on June 17,2020 may be heard,ln'the Murray E,NeIsc � Before the undersign authority personally appeared at 1:30 PM., or as soon thereafter as Government Center, 1420541 Claverse; may be heard,in the Murry E.Nelson RTlBhahrty, II9y gar o, g l��Surat ®_ fdp„ e of Government Center, 14285 Overseas `J' Highway, y Largo, ty, sl�neii Mee Co e$ �;Fldr'i"�u II `I _- _ ,who on oath says that he or she is g y. a to n, Monroe Cotan O y Florida,the Board of County Commis- sioners of Monroe County,Florida,In- following County orrianawc of the Key West CI#sZer3, a laity followingends consider ode aadopption of the AN ORDINANCE BY THE BOAR#I �OI N newspaper p bliahe in Key st, in Monroe County Florida that the attached COUNTY CO NTY,COMMISSIONERS N TIN AN ORDINANCE BY THE BOARD OF THAT INDIVIDUALS FLORIDALS WEAR I�lFACE CO r co of advertisrnent, being a legal notice in the matter of Ordinance 6.17 was COUNTY COMMISSIONERS OF MON- THAT VIt�I11PUBLIC I yiIE RT I FACE CO '0 copy � 9 ERIf�YG1N PUBLIC IN CERTAIN dRCtaR published in Said newspaper in the t5auea of: ROE COUNTY, FLORIDA MANDATING STANCES, ESTABLISHING A MIiNIIMU U THAT INDIVIDUALS WEAR A FACE COV- COUNTYI WI#1E REQUIREMENT,EXCE U ERING IN PUBLIC IN CERTAIN CIRCU - TO THik EXTENT of,A ONICIPAL O O Wednesday,,tune 3 2020 STANCES, ESTABLISHING A MINIMUM DIINARICE IN RCt fp G Ft m COUNTY-WIDE REQUIREMENT, EXCEPT SEVFFtABINT TO THE EXTENT CIF A MUNICIPAL OR= �I TFE � tI'VE SNs �A �`I. , DINANCE IN CONFLICT;PROVIDING FOR r Affiant further says that the Key West Citizen is a newspaper published in Key TIE AND LITY;S 11 FOR EFFEc- West, in said Monroe County, Florida and that the said newspapers has hereto- Pursuant to Section 260,0105 Florr fare been continuously published in said Monroe County, Florida every day, and Pursuant to Section 286.0105, Florida � Statutes,notice is given that 4 a pen V Statutes,notice is given that if a person G ele4ldes to alspeal a;y 4odsIon made has been entered as periodicals matter at the post office in Kay West, in said decides to appeal any decision made by the Board whh;respect to any gnat tM Monroe County, Florida,for a period of 1 year next preceding the first publication the Board with respect to any matter considered at such hearings or me = considered at such hearings or meet- ings,he Will need a record of the p .L of the attached copy of advertisement,and affiant further says that he or she has ings,he will need a record of the pro. ceediangs, and that,for such purpo to neither paid nor promised any person,firm or corporation any discount, rebate, ceedings, and that,for such purpose, he snail need to erasure that a verl commission or refund for the purpose of securing this advertisement for publics- he may need to ensure that a voila tiro rarest,of the, roes the its hoot v tim record of the proceedings is made, which record Inc.urfes the teStilnC � tion in the s id news which record includes the testimony and evidence upon which the appea to d and evidence upon which the appeal is ,U2 to be based ADA ASSIStAN E,,if you are a pers Cr ADA ASSISTANCE IV you are a,person with a dfsaArlity w,4 ,needs spel L ( a ature f Afflant) with a disability who needs special accraaramodations in order to fairCD accommodations In order to partid- pate In thisprcareerlirrg,please coop; N A77d d su sort eel before me this 4#h day of dune 2{}2(} pate in this proceedinsd,please contact the County Adritrrsrstrator's C1ffJce, N the County Administrator's Office, by �-�fap�a� t a�f �� e ��8'ti � hs�r phoning I(305)292-4441, between the er t11an fiWe{5f�alealofar d r�id� [ ,- hours of 8.34 asap.-5:00 p.m., no laid y is er than fine(S)calendar days prior to thesrhedOlerplrri On ;ifyooiarehe (Kota ublic Ignatur � the scheduled meetlra ;if you are hear- mg or voice Imoalre caJ1'"711" b O CrWert CapHoning is available via o Z �ttitaataa trig or voice impair .call"71 t". live ib faoa�al �igpllroe�oi�n Closed'Captioning is available via our _ Ll - f L web portal htillnfrnre otatvfltoe county raardfou 4 Csrrrr (Notary Ru tic Printed Name) (Not for meetings of rite �cara- stoners M roe County Board of County Commis C r �p stoners. Dated at Ito West, Florida,this 28 � y Commission expires_ -- - rerraar day of May,2p2p. L Dated at Key west, Florida, this 28th KEVIN A O day of May,2020. the Circuit Court and ex rsff�'aKco Clerk KEVIN MADOK, Clerk of C the Board of County Commissioners the Circuit Court and ex officio Clerk of G1 Personally Known _ Produced iden#iflc #ion..� N'laRrlyde County,Florida the Board of County Commissioners of h 31 f1 Key'West Cititen E Monroe County,Florida Type of identification Produced _ 06103120 Key west Citizen +a Q Packet Pg. 34 B.1.c NoTice OF INTENTION TO RECE!"VED ,ouR,Tt',0IROIN f x rs orr One l r 2021 at 0,O M,, or as soon thereafter'as tna7 be heard,In the urrdy v s ION'fa�lFC F,1ut^,YA ,r.�xrl r° Nelson GDVernment center, 1020s tl Overseas Ig hway. heytar %!Monrctecount, Ffodda,tlr Board of County +' Published Weekly commiWanefsofMonroe � �rrtrnt�tl rlda,intends to Marathon,Monroe County,Florida tonsN(theadoptionnfthe � ioll do ;'oufntycordin PROOF O PUBLICATION t6AONANCErBY�� 4) lRs as ooEtj STATE OF FLORIDA fLolrn ,MANOATING THATjN0AViQU FN A FACE�IN ptd Li ,t e"v COUNTY'OF MONROE C0VaN td N Before the undersigned authorityT I I'R UIwt T la i � `f,��t:BI�'ta�fttl�h�tPAtll personally appeared JASON KOLER who HT I FR uIREMW on oath, says that he is PUBLISHER of l L Ir t C CL the WEEKLY NEWSPAPERS, a weekly NO D newspaper published in Marathon, in F�� rtlTya FF�14 Monroe County, Florida: that the llttstligseTt T s ®_ attached co of advertisement was pnrsrutttutes,`o txeItstp , copy Floridad Statutes,Mire Is y published in said newspaper in the giventhatita er r6d�ddes O to areal derttwon made U issues of:(date(s)of publication) bytlt�eBear, with rds eot to an matter considered at suchyr o 171, he will neea record of t� proceedings,and that for r such porp ,he may need � to 8nsure that a verbatim U record of the proceedings is U Affiant further says that the said WEEKLY made,which record includes O the NEWSPAPERS is a newspaper published uponwhic then peal is to m rr�on which the appeal is to � at Marathon, in said Monroe County, bear sed. ADA If Florida,and that the said newspaper has son with you area person with heretofore been continuously published adaahility who needs > speclhl a our modations In , O In said Monroe County, Florida, once order to rtidpatainthts U each week (on Thursday) and has been proc"ding,pleasewirtact the ouniyAdministrator' _ qualified as a second class mail matter at t��ep horsing r sl the post office in Marathon, In Monroe . �, 5W,p,ftweenthehosars p of �a,naK-s.t p,ro,no > County, Florida,for a period of one year Iaterthan five; IcAlendar v dabs sdot thescheduled next preceding the first publication of rn i ifyou are,hearing the attached copy of advertisement.The orvotteirrs lred,call°71!° v Ltv Io o aptioning is w affiant further says that he has neither availaialeviaouru hportal Cr httplmosroecrun L paid nor promised any person, firm, or tngsofigrUornorne corporation any discount, rebate, the Monroecquntysaard N 4l of county cornmIsssronors. o commission or refund for the purpose of Dated at i yftst flurtlda„This ne securing this advertisement for 20,14a off a„2,0" l 010, , ir*011the o publication in the said newspaper(s)and irtw Court that The Weekly Newspapers i5-in i•�I.) ar�de prTfcio I r f the lto Board z rrprn lq ri ._.vvlkh Chapter 50 of the of County as rnrrwisslorters-of Conroe _ Florida State Statutes.m,,.Q_.L gat...d d, oont ;t04da. M Official Adrrertisens ptublish done 0 Tlse Weekly Newspapers pars 0 O S n and ssbscribed laefore me HARLOTTEH RU KA rst tf MY }My MISSION i 4 Lt ppryry (SE a EXPIRES:September 1a 2022Bonded 11n Notary I"Underwriters Y s Q Notary ��. .. .�.� �.. Packet Pg. 35 � '� ,$ j 1, ��`�� '�{ '� ��1_\�.';� � � �,�i�� .�� 9 �. � ��5� �� ,�� r �rr w � s �� + �� 3 � �? ;`. � 'pz �"o1�rtt#t�t4�� rs�� l �� sk,. ,A.,r�4?� ,.� `+ � ,�_- m �r?.�� '�� «��` �� r, 2,��F�{��n s�a��u� ,�'��u„�`��'� �,t;>; j t s �§r t � z:, ��' � � ay.',�'n�Jia�r��,�ua�+,�s%�;��iH��a'�9 .� � ,,.,zq�z�s ��;� z;i`, �d�`��r�'�s'�t�, t, �' ``�� $�iur �:;2�� , d'��{, __. .. __. a : � � �� _.. i � � � � �# 1 i � ' !' i � ■ ! . lam � � � � � .� d! � ! • • ...... _ w -: �. � � : • r�_ i � � �" �� ,. 1- ® ® I a I n B.1.c . Irgp to a , CL > to 0 N 0Cr lip �ix0 � . 4, 9 d to > 4 � a 0 0� i � CL lip 00 > n O 0 O 04 n 4A gO � aup 0 mAl 4 \ rs � V O CD b C 0 u 1 � - d �, a , 91 v a t.. o Do o � tw trC An, o � ar ? w a O V PI4 � N c u �.LL �" � � � ? �,� �, U� r� lg� rx � O rnrn N ,. a F } � � r E Eli* u� s Er � t CL '' � ,{« s �u c� 0 = � 0 � P4v f Packet Pg. 37