Ordinance 027-2020 ORDINANCE NO. 027-2020
AN UNCODIFIED EMERGENCY ORDINANCE BY THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA AMENDING ORDINANCE 023-2020,
AS AMENDED BY ORDINANCE NO. 025-2020; TO
MANDATE THAT ALL BARS,RESTAURANTS,AND FOOD
SERVICE ESTABLISHMENTS CLOSE FROM 12 A.M.
UNTIL 5 A.M. EACH DAY STARTING AT 12 A.M. ON
AUGUST 19,2020 AND ENDING AT 5 A.M.ON SEPTEMBER
7, 2020; PROHIBITING ALCOHOL SALES FROM 12 A.M.
UNTIL 7 A.M. EACH DAY STARTING AT 12 A.M. ON
AUGUST 19,2020 AND ENDING AT 7 A.M.ON SEPTEMBER
7, 2020; EXTENDING THE SUNSET DATE TO MONDAY,
SEPTEMBER 7, 2020 AT 11:00 P.M.; ESTABLISHING A
MINIMUM COUNTY-WIDE REQUIREMENT, EXCEPT TO
THE EXTENT OF A MUNICIPAL ORDINANCE IN
CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE AND
PROVIDING FOR AN EFFECTIVE AND SUNSET DATE.
WHEREAS,the Board of County Commissioners of Monroe County,Florida(hereinafter
"Board") finds that COVID-19 presents a danger to the health, safety, and welfare of the public;
and
WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads
mainly from person to person through respiratory droplets produced when an infected person
coughs, sneezes, or talks; these droplets can land in the mouths or noses of people who are nearby
or possibly be inhaled into the lungs; and studies and evidence on infection control report that
these droplets usually travel around 6 feet (about two arms lengths); and
WHEREAS, the CDC advises that a significant portion of individuals with coronavirus
lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre-
symptomatic") can transmit the virus to others before showing symptoms. This means that the
virus can spread between people interacting in close proximity—for example,speaking,coughing,
or sneezing - even if those people are not exhibiting symptoms; and
WHEREAS, despite several protective measures taken by the State and the County, the
infection rates have grown worse; and
WHEREAS, state and local officials from Miami-Dade, Broward and Palm Beach
Counties have recognized that those three counties have seen the gravest infection rates of the
State; and
Page 1 of 7
WHEREAS, Miami-Dade County is immediately adjacent to Monroe County and
Broward County is located between Miami-Dade and Palm Beach counties; and
WHEREAS, according to representatives of the Monroe County Tourist Development
Council, much of the summer tourism market in the Keys stems from residents of Miami-Dade,
Broward, and Palm Beach counties; and
WHEREAS, current research has shown that a leading means of spreading the virus is by
passage of aerosol particles exhaled by infected persons; and
WHEREAS, the CDC, State and Local Health Officials, as well as Monroe County have
adopted recommendations and requirements to limit opportunities for spread through such
measures as limiting crowd size, facial covering rules and recommendations, closing bars and
limiting restaurant service; and limiting other activities where people come into contact with other
people with whom they have not quarantined; and
WHEREAS,the Florida Fish&Wildlife Commission(FWC)has established a 2-day sport
season for recreational harvest of spiny lobster; and
WHEREAS,this 2-day mini season precedes the opening of commercial lobster season so
as to reduce conflicts between recreational and commercial fishermen competing for lobsters if
there was but one opening day of lobster season; and
WHEREAS, in 2020, the lobster mini-season falls on July 29 and 30 and the regular
lobster season begins on August 6, 2020; and
WHEREAS, FWC has advised that, by far, Monroe County is the county most impacted
by mini-season in terms of the number of people participating in the season; and
WHEREAS, experience has demonstrated that the annual mini-lobster season attracts a
large number of visitors to Monroe County; and
WHEREAS, while the actual act of harvesting of lobster involves scuba diving, free
diving, snorkeling,and bully netting,activities that do not directly facilitate the spread of the virus,
many of the people doing the harvesting will engage in social activities in off-hours that risk the
community spread of the virus, including the patronizing of local restaurants and bars; and
WHEREAS, experience has demonstrated that many recreational lobster fishermen also
flock to the Keys at the opening of the regular lobster season in early August; and
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
Page 2 of 7
WHEREAS, DBPR premised that order on the statement that bars serve as venues for
spread of the virus because people tend not to engage in social distancing and tend to mix with
people with whom they have not been quarantining; and
WHEREAS, the local effect of DBPR's order is that people who used to gather at bars
have shifted to restaurants as the preferred spot for late night congregating without engaging in
social distancing; and
WHEREAS, the Board finds it is in the best interest of public health, safety and welfare
of the residents and workers of, and visitors to, the Florida Keys to prohibit bars and restaurants
from operating during the hours of 11 P.M. until 5 A.M. during the period beginning 11:00 P.M.
on July 24, 2020, the Friday before mini-season and concluding at 11:00 P.M. on Wednesday
August 19, 2020; and
WHEREAS, the Board finds that the inconvenience of an ordinance requiring the late
night closures of bars and restaurants during this two-week period is minimal compared to the risk
to the health, safety, and welfare of the community were no such rule imposed and is preferable to
requesting the FWC cancel or reschedule mini-lobster season; and
WHEREAS, the Board finds implementation of this ordinance is necessary for the
preservation of the health, safety, and welfare of the community; and
WHEREAS, several other State and local jurisdictions across the country have mandated
curfews for restaurants and bars in their response to COVID-19; and
WHEREAS, Section I(f) of Article VIII of the Florida Constitution vests the Board with
the authority to enact ordinances having countywide effect that are not inconsistent with state law,
provided that such ordinance shall not be effective within a municipality that has adopted an
ordinance in conflict with the County ordinance, to the extent of such conflict; and
WHEREAS, the State of Florida has not preempted local governments from regulating in
the field of minimum health requirements with respect to COVID-19; and
WHEREAS, adopting regulations via ordinance allows for enforcement through a variety
of mechanisms including a quasi-criminal offense under F.S. 125.69(1); civil and administrative
remedies under chapter 162, Florida Statutes; and enforcement actions for injunctive and other
relief in circuit court; and
WHEREAS,the Florida Legislature has declared that"[s]afeguarding the life and property
of its citizens is an innate responsibility of the governing body of each political subdivision of the
state" such as Monroe County and its five municipalities; F.S. 252.38; and
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
Page 3 of 7
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;
WHEREAS, at their July 27, 2020 meeting, the Board determined the prohibitions of
Ordinance No. 023-2020 should not prevent a restaurant from selling food to customers via drive
through, delivery and/or curbside service during the hours of 11 P.M. and 5 A.M.; and
WHEREAS, the Board further desired to provide an option for a person issued a citation,
who does not wish to contest the violation, to allow that person to pay a fine of$250 to the Clerk
of the Court in lieu of contesting the citation;
WHEREAS, the Board held a public hearing on August 19, 2020 to consider extending
Ordinance No. 023-2020, as amended by Ordinance No. 025-2020, or allowing it to sunset as
scheduled; and
WHEREAS, at the August 19, 2020 public hearing, the Board decided that current
conditions supported extending the ordinance but moving back the time of closure to midnight;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Ordinance No. 023-2020,as amended by Ordinance No. 025-2020,is hereby amended to read
as follows:
SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings.
The Board further finds that an emergency exists that necessitates dispensing with the notice
requirements in F.S. 125.66.
SECTION 2. Definitions. The following definitions shall apply in this ordinance.
(1) A food service establishment is defined to have the same definition as
provided for in F.S. 500.03(l)(r) and/or F.S. 509.013(5)(a), Florida Statutes,
(2020), and to include mobile food vendors such as food trucks and carts.
(2) A bar is defined as any vendor licensed by the Department of Business and
Professional Regulations (DBPR) to sell alcoholic beverages for
consumption on premises.
(3) An operator shall mean any individual or entity that owns a bar and/or food
service establishment, or controls the operation of the business, even if only
for a period of time, regardless of the formal title or role held by that
individual.
Page 4 of 7
SECTION 3. Mandatory requirements.
(1) During the period when this ordinance is in effect, a bar and/or food service
establishment shall close to the public during the hours of 12:00 A.M. and
5:00 A.M.
(2) This prohibition does not prevent a bar or food service establishment from
having employees on premises during the hours when closed under this
ordinance to engage in food preparation, restocking supplies, cleaning the
establishment, or maintaining security.
(3) The operator of the bar and/or food service establishment shall ensure that
every individual in that bar and/or food service establishment complies with
this ordinance.
(4) During the period when this ordinance is in effect, no vendor may sell
alcoholic beverages during the hours of 12:00 A.M. and 7:00 A.M.
(5) This prohibition does not prevent a restaurant from selling food to
customers via drive through, delivery, and/or curbside service during the
hours of 12:00 A.M. and 5 A.M.
SECTION 4. Penalties and Enforcement. This ordinance may be enforced in the
following manner:
(1) Quasi-Criminal Offense.
a. Any state, county, or municipal law enforcement officer may
arrest or issue a notice to appear for any knowing and intentional
violations committed in his or her presence or through
procurement of an arrest warrant. Violations shall be prosecuted
by the State Attorney of the 16`h Judicial Circuit.
b. A person found in violation may be punished by up to 60 days
in the County jail and/or a fine of up to $500. Each day a
violation of this ordinance occurs is considered a separate
offense.
(2) Civil Citation.
a. A county or municipal code compliance or state, county, or
municipal law enforcement officer may, upon observation of a
violation by a person, issue a notice to appear or civil citation to
appear in County Court.
b. Any person or business establishment prosecuted under this
subsection and found in violation of this ordinance may be
punished by a fine of up to$500.00. Each day a violation of this
ordinance occurs is considered a separate offense.
Page 5 of 7
c. If a person issued a citation does not wish to contest the
violation, that person may pay a fine of $250 to the Clerk of
Court in lieu of contesting the citation.
(3) Administrative Notice of Violation
a. A county or municipal code compliance officer may, upon
discovery of a violation, issue a notice of violation and notice to
appear before the Code Compliance board or special magistrate
of that officer's jurisdiction.
b. Any person or business establishment found in violation of this
ordinance may be fined pursuant to part I of Chapter 162,Florida
Statutes. Each day a violation of this ordinance occurs is
considered a separate offense.
(4) Injunctive relief.
a. The State Attorney of the 16 th Judicial Circuit and/or the County
Attorney may file an action for injunctive relief in Circuit Court seeking
to enjoin violations that occur throughout the County, except for
violations that occur in a municipality that has adopted an ordinance in
conflict with this ordinance.
b. The City or Village Attorney for a municipality may file an action for
injunctive relief in Circuit Court seeking to enjoin violations that occur
with that municipality.
(5) Private Right of Action. Any natural person may seek injunctive relief in
the Circuit Court for the 16 1h Judicial Circuit to enforce violations of this
section against a violator. Attorney's fees and costs incurred in an action to
enforce this ordinance may be awarded to the substantially prevailing party
at the discretion of the court.
SECTION 5. Severability. If any section, subsection, sentence, clause, or provision of this
ordinance is held by a court of competent jurisdiction to be invalid,the remainder of this ordinance
shall not be affected by such invalidity.
SECTION 6. Applicability and Conflict. This ordinance is intended to have countywide
application except within a municipality which has adopted an ordinance in conflict this this
ordinance pursuant to Article VIII, Section 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.
SECTION 7. Effective Date. This Ordinance shall take immediate effect upon adoption and
filing with the Department of State and shall become enforceable at 11:00 P.M. on Wednesday,
August, 19, 2020.
SECTION 8. Sunset Date. This ordinance shall sunset at 11:00 P.M. on Monday, September 7,
2020.
Page 6 of 7
SECTION 9. Codification. Due to the temporary nature of this ordinance, the Board directs the
Clerk to send the ordinance to the Municipal Code Corporation for publication on its website but
with instructions not to codify the ordinance within the Monroe County Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19th day of August 2020.
I
Mayor Heather Carruthers Yes
:4 i Mayor Pro Tern Michelle Coldiron No
r Commissioner Craig Cates No
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
,,,i,, A. IN MADOK, Clerk OF MONROE C NT FLORIDA
By: C C---' By:
As Deputy Clerk M or er Carruthers
in
N r-t
3 ^1
—
Ni
01 C
MONROE . -TTORNEY
ll
•
la zire r --
Page 7 of 7
F
l r
The Florida Keys Only Daily Newspaper,Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
1ega1s@keysn&AAv66vVED
MONROE CO ADMINIBOCC AUG 21 2020
THE HISTORIC GATO BUILDING
1100 SIMONTON ST SUITE 2-205 MONROE COUNTY ATTORNEr
KEY WEST FL 33040
Account: 143331 Ticket: 352437
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER aged to watch the meeting on Monroe
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE County's MCTV on Comcast Channel
76,AT&T UVerse Channel 99 or on the
NOTICE IS HEREBY GIVEN TO WHOM County's web portal 0 httoJ/monro-
IT MAY CONCERN that on August 19, ecountytI.igm2.com/Citizens/Detault.
Be re the undersig ad authority personally appeared 2020 at 1:30 P.M.,or as soon thereafter a=. Simply select the "Watch Live"
as may be heard,the Board of County banner to view the live meeting with
( Commissioners of Monroe County,Flor- live closed captioning on an integrat-
who on oath Says that he or she is ida,intends to consider adoption of an ed page that includes the agenda and
ordinance or ordinance(s) amending agenda backup.
one or both of the following County
of the Key West Citizen,a daily Ordinances related to COVID-19: If a citizen has a liokB device,they can
search for and add "MCTV" to their
newspaper publi hed in y West,in Monroe County, Florida;that the attached ORDINANCE NO.024-2020 personal lineup. Monroe County's
"MCTV"is also provided via the Mon-
copy of advertiement,being a legal notice in the matter of ORDINANCE NO.024 AN UNCODIFIED ORDINANCE BY THE roe County mobileapps for IDS and An-
BOARD OF COUNTY COMMISSION- raid and through our streaming web
ERS OF MONROE COUNTY, FLORIDA portal 0 httos://monme-fLvod.castus.
AMENDING ORDINANCE NO.014-2020 tv/vod/?live=chl&nav=live.
Sunday,August 9,2020 AS AMENDED BY ORDINANCE 022-
2020 TO MANDATE THAT INDIVIDUALS Citizens can listen to audio only from
WEAR A FACE COVERING IN PUBLIC IN their phone by dialing(646)518-9805
CERTAIN CIRCUMSTANCES,ESTABLISH- or(669)900-6833 and,when prompted,
Affiant further says that the Key West Citizen is a newspaper published in Key ING A MINIMUM COUNTY-WIDE enter the Webinar ID#982 2806 0317
QUIREMENi, EXCEPT TO THE EXTENT
followed by the#key.
West,in said Monroe County, Florida and that the said newspapers has hereto- OF A MUNICIPAL ORDINANCE IN CON-
fore been continuously published in said Monroe County, Florida every day,and FUCT; PROVIDING FOR SEVERABILITY; The public can comment during the live
has been entered as periodicals matter at the post office in Key West, in said PROVIDING FOR REPEAT.OF ALL OR- Public Hearing either by phoning in or
P Y DINANCES INCONSISTENT HEREWITH; by connecting to the Irve Zoom weba
Monroe County, Florida,for a period of 1 year next preceding the first publication PROVIDING FOR TRANSMITTAL TO THE nar link using the following instruc-
of the attached copy of advertisement;and affiant further says that he or she has SECRETARY STATE AND PROVIDING bons:
Y FOR AN EFFECTIVE AND SUNSET DATE.
neither paid nor promised any person,firm or corporation any discount,rebate, a)To comment on an item 518-9805 or bv_ home.
90-
commission or refund for the purpose of securing this advertisement for publica- ORDINANCE NO.025-2020 6833 Dial (and when prompted,)enter
tion in the said new AN UNCODIFIED EMERGENCY OR01- the Webinar ID# 982 2806 0317
NANCE BY THE BOARD OF COUNTY followed by the#key,then*9 to
COMMISSIONERS OF MONROE COON- "Raise your hand"to be recognized
TY, FLORIDA AMENDING ORDINANCE by the Zoom webinar host.
t NO.023-2020 CREATING SECTION 3.(5)
(Signature ofAffi } ALLOWING RESTAURANTS TO SELL b)To comment on an item using the
FOOD TO CUSTOMERS THROUGH live Zoom webinar link:Open this
A rm d d s scrl ed before me this 21st day of August 2020 DRIVE THROUGH, DELIVERY AND/ live Zoom webinar link 0 http://
OR CURBSIDE SERVICES DURING THE www.monroecounty-fl.gov/Bocc-
HOURS OF 11-00 P.M.AND 5:00 A.M.; MeetingAugust19 (that also ap-
CREATING SECTION 4.(2)c.PROVIDING pears in both the published Agen-
FOR A NO CONTEST FINE OF$250 IN da and Agenda Packet). When
(NOta blic nature LIEU OF CONTESTING AN ISSUED CITA- prompted, enter your email ad-
1111/J TION;TO MANDATE THAT ALL BARS, dress and name to join the webinar.
RESTAURANTS, AND FOOD SERVICE When the Mayor calls for speakers
0 ESTABLISHMENTS CLOSE FROM 11 P.M. on the item(s)you wish to comment
(Notary Pub c Printed Name) (( �c UNTIL 5 A.M.EACH DAY STARTING AT on,or when the Board is nearing
11 P.M.ON JULY 24,2020 AND ENDING your item(s) as the meeting pro-
AT 5 A.M.ON AUGUST 19,2020,PRO- presses, select the "Raised Hand"
My commission expires ��� a f� �� ,�`` HIBmNG ALCOHOL SALES FROM 11 feature that appears at the bottom
�jdJIf1111� P.M.UNTIL 7 A.M.EACH DAY STARTING of the Zoom webinar screen to be
rot C7 C AT 11 P.M.ON JULY 24,2020 AND END- recognized by the Zoom webinar
7K O ING AT 7 A.M.ON AUGUST 19,2020, host.
Personally Known X Produced Identification_ D ESTABLISHING A MINIMUM COUN-
TYWIDE REQUIREMENT, EXCEPT To The Zoom webinar host will request the
THE EXTENT OF A MUNICIPAL ORDI- item#you wish to speak on and enable
Type of Identification Produced = NANCE IN CONFLICT;PROVIDING FOR your participation when the Mayor
SEVERABILITY;PROVIDING FOR REPEAL calls for public speakers on your item.
OF ALL ORDINANCES INCONSISTENT To report problems with the broadcast
HEREWITH,- PROVIDING FOR TRANS- or participation in the Zoom webinar,
a N MITTAL TO THE SECRETARY OF STATE please call(305)872.8631.
W AND PROVIDING FOR AN EFFECTIVE
AND SUNSET DATE. Pursuant to Section 286.0105, Florida
fO g Statutes,notice is given that if a person
CD
N N The August 19,2020 Meeting of the decides to appeal any decision made by
Board of County Commissioners of the Board with respect to any matter
Monroe County,FL will be conducted considered at such hearings or meet-
via Communication Media Technology ings,he will need a record of the pro-
("CMT") using a Zoom Webinar plat- ceedings,and that, for such purpose,
form. The public is strongly encour- he may need to ensure that a verba-
tim record of the proceedings is made,
which record includes the testimony
and evidence upon which the appeal is
to be based.
ADA ASSISTANCE:If you are a person
with a disability who needs special
accommodations in order to partici-
pate in this proceeding,please contact
the County Administraton ice, by
phoning(305)292.4441, between the
hours of 8:30 a.m.-5:00 p.m.prior to
the scheduled meeting,if you are hear-
in or voice impaired,call"711". Live
Closed Captioning is available via our
web portal
au aspx for
meetings of the Monroe County Board
of County Commissioners.
Dated at Key West,Florida,this 5th day
of August,2020.
KEVIN MADOK, Clerk of
the Circuit Court and ex officio Clerk of
the Board of County Commissioners of
Monroe County,Florida
08108120 Key West Citizen
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM
IT MAY CONCERN that on August 19,
2020 at 1:30 P.M.,or as soon thereafter
as may be heard,the Board of County
Commissioners of Monroe County,Flor-
ida,intends to consider adoption of an
ordinance or ordinance(s) amending
one or both of the following County
Ordinances related to COVID-19:
' "IRAN_C N0.024-2020
AN UNCODIFIED ORDINANCE BY THE
BOARD OF COUNTY COMMISSION-
ERS OF MONROE COUNTY, FLORIDA
' AMENDING ORDINANCE NO.014-2020
AS AMENDED BY ORDINANCE 022-
2020 TO MANDATE THAT INDIVIDUALS
WEAR A FACE COVERING IN PUBLIC IN
1 CERTAIN CIRCUMSTANCES;ESTABLISH-
ING A MINIMUM COUNTY-WIDE RE-
QUIREMENT, EXCEPT TO THE EXTENT
OF A MUNICIPAL ORDINANCE IN CON-
FLICT; PROVIDING FOR SEVERABILITY;
r PROVIDING FOR REPEAL OF ALL OR-
DINANCES INCONSISTENT HEREWITH;
I PROVIDING FOR.TRANSMITTAL TO THE
SECRETARY OF STATE AND PROVIDING
FOR AN EFFECTIVE AND SUNSET DATE.
ORDINANCE NO.025-2020
AN UNCODIFIED EMERGENCY ORDI-
NANCE BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUN-
TY, FLORIDA AMENDING ORDINANCE
NO.023-2010 CREATING SECTION 3.(5)
ALLOWING RESTAURANTS TO SELL
FOOD TO CUSTOMERS THROUGH
DRIVE THROUGH, DELIVERY AND/
�Z OR CURBSIDE SERVICES DURING THE
HOURS OF 11.00 P.M:AND 5:00 A.M
CREATING SECTION 4.(2)c.PROVIDING
FOR A NO CONTEST FINE OF$250 IN
LIEU OF CONTESTING AN ISSUED CITA-
TION;TO MANDATE THAT ALL BARS,
RESTAURANTS, AND FOOD SERVICE
ESTABLISHMENTS CLOSE FROM 11 P.M.
UNTIL 5 A.M.EACH DAY STARTING AT
11 P.M.ON JULY 24,2020 AND ENDING
AT 5 A.M.ON AUGUST 19,2020,PRO-
HIBITING ALCOHOL SALES FROM 11
P.M.UNTIL 7 A.M.EACH DAY STARTING
AT 11 P.M.ON JULY 24,2020 AND END-
ING AT 7 A.M.ON AUGUST 19,2020,
ESTABLISHING A MINIMUM COUN-
TYWIDE REQUIREMENT, EXCEPT TO
THE EXTENT OF A MUNICIPAL ORDI-
NANCE IN CONFLICT;PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL
OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR TRANS-
MITTAL TO THE SECRETARY OF STATE
AND PROVIDING FOR AN EFFECTIVE
AND SUNSET DATE.
The August 19,2020 Meetiqg of the
Board of County Commissioners of
Monroe County,FL will be conducted
via Communication Media Technology
("CMT") using a Zoom Webinar plat-
form. The public is strongly encour-
aged to watch the meeting on Monroe
County's MCTV on Comcast Channel
76,AT&T UVerse Channel 99 or on the
County's web portal 0 http://monro-
ecountyfl igm2 com/Citizens/Default.
aw-x. Simply select the "Watch Live"
banner to view the live meeting with
live closed captioning on an integrat-
ed page that includes the agenda and
agenda backup.
If a citizen has a Ro_k i device,they can
search for and add "MCTV" to their
personal lineup. Monroe County's
MCTV"is also provided via the Mon-
roe County mobile apps for IO5 and An-
droid and through our streaming web
portal @ htt%1 inonroe-fl.vod.castus. �I
tv/vod/?live=ch 1&nav=live.
r Citizens can listen to audio only from j.
- their phone by dialing(646)518-9805 ti
or(669)900-6833 and,when prompted,
enter the WebinarID#982 2806 0317 j
followed by the#key.
The public can comment during the live
Public Hearing either by phoning in or
by connecting to the live Zoom webi-
nar link using the following instruc-
tions:
a)To comment on an item by-phone:
Dial (646) 518-9805 or {669) 900-
6833 and, when prompted, enter
the Webinar ID# 982 2806 0317
followed by the#key,then*9 to
"Raise your hand"to be recognized
by the Zoom webinar host.
t
b)To comment on an Rem using the
live Zoom webinar Zink:Open this
r live Zoom webinar link @ http://
I www.monroecounty-fl.gov/Bocc-
MeetingAugustl9 (that also ap-
pears in both the published Agen-
da and Agenda Packet). When
prompted, enter your email ad-
dress and name to join the webinar.
When the Mayor calls for speakers
on the item(s)you wish to comment
on,or when the Board is nearing
your item(s) as the meeting pro-
cesses, select the "Raised Hand"
feature that appears at the bottom
of the Zpom webinar screen to be
recognized by the Zoom webinar
host.
I
The Zoom webinar host will request the
item It you wish to speak on and enable
your participation when the Mayor
calls for public speakers on your item.
To report problems with the broadcast
or participation in the Zoom webinar,
please call(305)872-8831.
Pursuant to Section 286.0105, Florida
Statutes,notice is given that if a person
decides to appeal any decision made by
the Board with respect to any matter
considered at such hearings or meet-
ings,he will need a record of the pro-
ceedings, and that, for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is made,
which record includes the testimony
I and evidence upon which the appeal is
to be based.
ADA ASSISTANCE:If you are a person
with a disability who needs special
accommodations in order to partici-
pate in this proceeding,please contact
the County Administratory Office, by
' phoning(305)292-4441, between the
hours of 8.30 a.m.-5.00 p.m.prior to
the scheduled meeting,if you are hear-
ing or voice impaired,call"711". live
Closed Captioning is available via our
web portal 0 http://monroecounty-
fl.iam2.com/Citizens/DefauR.asp for
■ meetings of the Monroe County Board
of County Commissioners.
Dated at Key W#st,Florida,this Sth day
of August,2020.
KEVIN MADOK, Clerk of
the Circuit Court and ex officio Clerk of
the Board of County Commissioners of
-Monroe County,Florida
08J0820 Key West Citizen
NOTICE OF INTENTION TO DAY STARTING AT 11 P.M.ON progresses,select the"Raised
CONSIDER ADOPTION OF JULY 24,2020 AND ENDING AT Hand"feature that appears
COUNTY ORDINANCE 5 A.M.ON AUGUST 19,2020, at the bottom of the Zoom
NOTICE IS HEREBY GIVEN TO PROHIBITING ALCOHOL SALES webinar screen to be recognized
xsxs WHOM IT MAY CONCERN that FROM 11 P.M.UNTIL 7 A.M. by the Zoom webinar host.
WEEKIL on August 19,2020 at 1:30 EACH DAY STARTING AT 11 P.M. The Zoom webinar host will
P.M.,or as soon thereafter ON JULY 24,2020 AND ENDING request the item#you wish
as may be heard,the Board AT 7 A.M.ON AUGUST 19,2020; to speak on and enable your
of County Commissioners ESTABLISHING A MINIMUM participation when the Mayor
of Monroe County,Florida, COUNTY-WIDE REQUIREMENT, calls for public speakers on your
intends to consider adoption EXCEPT TOTHE EXTENT OF A item.To report problems with
Published Weekly of an ordinance or ordinance(s) MUNICIPAL ORDINANCE IN the broadcast or participation
Marathon,Monroe Count ,Florida amending one or both of the CONFLICT,PROVIDING FOR in the Zoom webinar,please call
y following County Ordinances SEVERABILITY;PROVIDING FOR (305)872-8831.
related to COVID-19: REPEAL OF ALL ORDINANCES Pursuant to Section 286.0105,
PROOF OF PUBLICATION AORDINANCE NO.024-2020
NUNCODFEDORDINANCE INCONSISTENTHEREWITH; Florida Statutes,notice is
PROVIDING FORTRANSMTfTAI given that if a person decides
BY THE BOARD OF COUNTY TO THE SECRETARY OF STATE to appeal any decision made
COMMISSIONERS OF MONROE STATE OF FLORIDA COUNTY,FLORIDAM AMENDING AND PROVIDING FOR ET by the Board with respect
EFFECTIVE AND SUNSET DATE. to any matter considered at
COUNTY OF MONROE ORDI NANCE NO.0 14-2020 AS The August 19,2020 Meeting suchhearingsormeetings,
AMENDED BY ORDINANCE of the Board of County he will need a record of the
Before the undersigned authority 022-2020TOMANDATETHAT Commissioners of Monroe proceedings,and that for such
personal) a INDIVIDUALS WEAR A FACE County,FL will be conducted purpose,he may need to ensure
y appeared JASON KOLER who COVERING IN PUBLIC IN via Communication Media that a verbatim record of the
on oath, says that he is PUBLISHER of CERTAIN CIRCUMSTANCES; Technology("CMT")using a proceedings is made,which
ESTABLISHING A MINIMUM Zoom Webinar platform.The record includes the testimony
the WEEKLY NEWSPAPERS, a weekly COUNTY-WIDE REQUIREMENT, public is strongly encouraged and evidence upon which the
newspaper published in Marathon, In EXCEPTTO THE EXTENT OF A I to watch the meeting on appeal is to be based.
MUNICIPAL ORDINANCE IN I Monroe County's MCTV on ADA ASSISTANCE If you are a
Monroe County, Florida: that the CONFLICT;PROVIDING FOR Comcast Channel 76,AT&T person with a disability who
attached CO Of advertisement Was SEVERABILITY;PROVIDING FOR UVerse Channel 99 or on the needs special accommodations
py REPEAL OF ALL ORDINANCES County's web portal @ http;/t in order to participate in this
published in said newspaper in the INCONSISTENT HEREWITH; monroecountyfl.igm2.com/ proceeding,please contact the
PROVIDING FORTRANSMrrTAL Citizens/Default.aspx.Simply County Administrator's Office,
issues of:(date(s)of publication) TO THE SECRETARY OF STATE select the'Watch Live"banner by phoning(305)292-4441,
D AND PROVIDING FOR AN to view the live meeting with between the hours of 8:30
u c EFFECTIVE AND SUNSET DATE. live closed captioning on an a.m.-5 00 p.m.prior to the
J ORDINANCE NO,025-2020 integrated page that includes scheduled meeting;if you are
AN UNCODIFIED EMERGENCY the agenda and agenda backull hearing or voice impaired,call
ORDINANCE BY THE BOARD OF If a citizen has a Roku device, "711",Live Closed Captioning
COUNTY COMMISSIONERS OF they can search for and add is available via our web portal
ONROE COUNTY,FLORIDA "MCTV"to their personal lineup. @ httpJ/monroecountyfl.igm2.
M
Affiant further says that the said WEEKLY AMENDING ORDINANCE NO. Monroe County's"MCTV"is com/Citizens/Defaultaspxfor
NEWSPAPERS is a newspaper published 023-2020 CREATING SECTION also provided via the Monroe meetings of the Monroe County
3.(5)ALLOWING RESTAURANTS County mobile apps for IDS Board of County Commissioners.
at Marathon, in said Monroe County, TO SELL FOODTO CUSTOMERS and Android and through Dated at Key West Florida,this
Florida,and that the saidnewspaperhas THROUGH DRIVE THROUGH, our streaming web portal@ 1911 day of August 2020.
DELIVERY AND/OR CURBSIDE httpsJ/monroe-fl.vod.castus.ty/ SIN MADOK,Clerk of the
heretofore been continuously published SERVICES DURING THE HOURS vodt?live=chl&nav-live. Circuit Court
OF 11:00 P.M.AND 5:00 A.M.; Citizens can listen to audio and ex officio Clerk of the Board
In said Monroe County, Florida, once CREATING SECTION4.(2) only from their phone by ofCoun
each week (on Thursday) and has been c PROVIDING FOR A NO dialing(646)518-9805 or(669) Commissioners of Monroe
CONTEST FINE OF$2501N LIEU 900-6833 and,when prompted, County,Florida
qualified as a second class mail matter at OF CONTESTING AN ISSUED enter the Webinar ID#982 2806 Publish:
the post office in Marathon, In Monroe CrrATION;TOMANDATETHAT 0317 followed by the#key. August13,2020
ALL BARS,RESTAURANTS, The public can comment during The Weekly Newspapers
County,Florida,for a period Of one year AND FOOD SERVICE the live Public Hearing either by
next preceding the first publication of ESTABLISHMENTS CLOSE FROM phoning in or by connecting to
p p 11 P.M.UNTIL 5 A.M.EACH the live Zoom webinar link using
the attached copy of advertisement.The the following instructions:
affiant further says that he has neither phone:Dial(Wnt n an 9805tem o
y phone:Dial(646)518-4805 or
paid nor promised any person, firm, Or (669)900-6833 and,when
prompted,enter the Webinar
corporation any discount, rebate, ID#982 2806 0317 followed by
commission or refund for the purpose of the hand"to
b re ognizRaiseyour
hand"to be recognized by the
securing this advertisement for Zoom webinar host.
publication in the said newspaper(s)and usTocommentonan ebb
em
p using the live Zoom webinar
that The Weekly Newspapers is in full link:Open this live Zoom
compliance with Chapter 50 of the memo count httpJ/www.
p p monroecounty-fl.govt
Florida State Statutes on Legal and BoccMeetingAugust19(that
also appears in both the
Official Advertisements. published Agenda and Agenda
Packet).When prompted,enter
your email address and name RECEIVED
to join the webinar.When the
Mayor calls for speakers on the
item(s)you wish to comment AUG
.l Swor to and subscribed before me on,or when the Board is nearing G 7 2020
',,thisfl day of Air U- ,2020. your item(s)as the meeting
(SEAL) MONROE COUNTY ATTORNEY
TOWPATMWN
MYCOMIAISSION#GG 16M
EXPU2E3:10190W M 17,20121
Bonded Tbm Notary tde Underwriters
MarAon-Suashine Key-Big Pine Key-No Name KeyLidie,Middle&Big Torch Key-Ramrod KeySummedand KeyGudioe Key-Sugarloaf Key
k
30330 Overseas Highway P.O.Box 431639 Big Pine Key, FL 33043
Phone:305-872-0106 Fax:305-515-2939
AFFIDAVIT OF PUBLICATION RECEIVED
STATE OF FLORIDA AUG 21 2020
COUNTY OF MONROE
"40NRO"COLM-ATTO NEld
Before the undersigned authority personally appeared Steve Estes,who on oath says that he is the
Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Pine Key,
Monroe County, Florida;that the attached copy of advertisement,being a legal notice in the matter
of:
LEGAL NOTICE:INTENT TO CONSIDER ADOPTION OF COUNTY ORDINANCE FACIAL COV-
ERINGS/CLOSURE BARS: COUNTY ADMINISTRATOR, HISTORIC GATO BUILDING 1100
SIMONTON ST., SUITE 2-205, KEY WEST, FL 33040
was published in said newspaper in the issue(s)of:
AUGUST 14, 2020
Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in
said Monroe County, Florida and that said newspaper has heretofore been continuously published in
said Monroe County, Florida each week and has been entered as first-class mail matter at the post
office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next proceeding the first
publication of the attached copy of advertisement:and affiant further says that she has neither paid
nor promised any person,firm or corporation any discount, rebate, commission or refund for the pur-
pose of securing this advertisement for publication in said newspaper.
Signature!of Affiant
?worand subscrib be re rwe this 17TH Day of AUGU T 2020
Signature of Notary Printed Name of Notary
Expires t/ c�t)c3 LU
Personally Known Produced Identification
Type of Identification Produced �VANESS
COMM
SS HEDRICk
;MY
MY COMMISSION k GG24158
�� EXPIRES:October 06,2020
"'occ
Augest 14,2M
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 19,2020 a
1:30 P.M.,or as soon thereafter astray be heard,the Board of County Commissioners of Morro
County,Florida,intends to consider adoption of an ordinance or ordioanoe(s)amending one or hot
of the following.County t)rdinances related to COVID-19:
ORDINANCE NO.024—2020
AN UNCODIFIED ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING
ORDINANCE NO.014-2020 AS AMENDED BY ORDINANCE 022 2020
TO MANDATE THAT INDIVIDUALS WEAR A FACE COVERING IN
PUBLIC IN CERTAIN CIRCUMSTANCES; ESTABLISHING A
MINIMUM COUNTY-WIDE REQUIREMENT, EXCEPT TO THE
EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT;PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE AND PROVIDING
FOR AN EFFECTIVE AND SUNSET DATE.
ORDINANCE NO.025-2020
AN UNCODIFIED EMERGENCY ORDINANCE BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING 0"INANCE NO. 0232/20 CREATING SECTION 3.(5)
ALLOWING RESTAURANTS TO SELL FOOD TO CUSTOMERS
THROUGH DRIVE THROUGH, DELIVERY ANDIOR CURBSIDE
SERVICES DURING THE HOURS OF 11:00 P.M. AND 5:00 A.M.;
CREATING SECTION 4.(2)c.PROVIDING FOR A NO CONTEST FINE
OF $2M IN LIEU OF CONTESTING AN ISSUED CITATION; TO
MANDATE THAT ALL BARS,RESTAURANTS,AND FOOD SERVICE
ESTABLISHMENTS CLOSE FROM 11 P.M.UNTIL S A.M.EACH DAY
STARTING AT 11 P.M.ON JULY 74,2020 AND ENDING AT 5 A.M.ON
AUGUST 19,20201 PROHIBITING ALCOHOL SALES FROM•11 P.M.
UNTIL 7 A.M.EACH DAY STARTING AT 11 P.M.ON JULY.24;2020
AND ENDING AT 7 A.M.ON AUGUST 19, 2020;ESTABLISHING A
MINIMUM COUNTY-WIDE REQUIREMENT, EXCEPT TO THE
EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT;PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE AND PROVIDING
FOR AN EFFECTIVE AND SUNSET DATE.
The August 19,2020 Meeting of the Board of County Commissioners of Monroe Cmmly,FL
will be conducted via Communication Media Teehnotogy("CMT")using a Zoom Webinar
platform.The public is strongly encouraged to watch the meeting on Monroe County's MCTV on
Comeast Channel 76, AT&T UVem Channel 99 or on the County's web portal (}a
i 7s•1lmonroea;gtpl igm2 camfG"stizepslh)efauhasnx. Simply select the"Watch,Give"banner to view the
live meeting with live closed captioning on an integrated page that ihrchrdesthe agenda and agenda backup.
if s citi2en has a Raker devim they can search for and add"MCTV"to their personal lineup.Monroe County's
"MCTV"is also provided via tieMonroe County mobile apps for iOS and Andrei and through our streaming
webporW@httpsJhnonroe-f.ygd.caBk;.tvjv ?Iive!Tcht&nav=livo.
Citizens can listen to audio only from their phone by dialing(646)$18-9805 or(669)900-6833 and,when
prompted,enter the Webinar ID#982 2806 0317 followed by the#key.. -
The public can comment during the live Public Hearing either by phoning In or by cobaeettug to:the'Ific,
Zoom webmar link using the following instructions:
a) To comment on an item by phone.Dial(646)518-9805 or(60)9OMS31 and,
when prompted,enter the Webinar W#982 2806 0,317 followed by the#key,then
'910"Raise year haruf to be recognized by the Zoom webinar host
b} ar usine the IVI Z&M=Nor O:Open this ave Zoom
wabinar link @ Iirip;tlwww.monraeeauaty-tl.gavlBoecMeetin>«Au¢ustl9(that
also appears in both the publisbed Agenda and Agenda Packet). When prompted, i
cater your email address and name to join the webinar.When the Mayor calls for
speakers on the item(s)you wish to comment on,or when the Hoard is nearing your
item(s)as the meeting progresses,select the"Raised Hama"feature that appears at
the bottom 6f the Zoom webmar screen to be recognized by the Zoom webinar host.
The Zama webinar host will request the item#you wish to speak on and enable your par icipaton wham the
Mayor calls for public speakers on yaw item.To report problem with the broadcast or participation In r
the Zoom webinar,please call(305)67241831. n
Pursuant to Section 296.0105,Florida Statutes,notice is given that if a person decides to appeal any 1
decision trade by the Board with respect to any matter considered at such hearings or meetings,he
will need a record of the proceedings,and that,for such purpose,be may steed to ensure that a n
verbatim record of the proceedings is trade,which record includes the testimony and evidence upon I
which the appeal is to be based.
i
ADA ASS`LSTANCEr If you ore a person with a dsaw4y who needs qwd d accommodations in order to r
parvetpate in this proceeding,pleats contact the County Admtntstratar s COce,by phoning(305)292-4441. t
herewn the hours of 8:30 am.-S.W Am prier to the A*edafod meeting;if you are hearing or voter t
hupatrea( cofi "711", Live Cloned Capdomirg is avafiable via .our web portal * t
biter:timommeeNntvfHam2.cmWCitzenVDefaultAsox for meetings of the Monroe County Board of
County Commiasionem
Dated at Key West,Florida,this 19'"day ofAugust,2020.
KEVIN MADOK,Clerk of fbetircuit Court"
(SEAL) and etc officio Clerk ofthe Board of County
Commissimers of'Monroe County,Florida
I
s Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
August 21, 2020
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of the uncodified Emergency Ordinance No. 027-2020 by
the Board of County Commissioners of Monroe County, Florida amending Ordinance 23-2020 to
mandate that all bars, restaurants, and food service establishments close from 12 A.M. until 5 A.M.
each day starting at 12 A.M.on August 19, 2020 and ending at 5 A.M. on September 7;
prohibiting alcohol sales from 12 A.M. until 7 A.M. each day starting at 12 A.M. on August 19,
2020 and ending at 7 A.M. on September 7, 2020;establishing a minimum county-wide
requirement, except to the extent of a Municipal Ordinance in conflict;providing for severability;
providing for repeal of all ordinances inconsistent herewith; providing for transmittal to the
Secretary of State and providing for an effective and sunset (late.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on August 19, 2020. Should you have any questions
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
exofficio to the Monroe County
Board of County Conmiissioners
by:Pamela G. Hancock, D.C.:
cc: County Attorney
MuniCode
130CC
PIO
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
t �
FLORIDA DEPARTMENT 0 STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
August 24, 2020
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 027-2020, which was filed in this office on August 21,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Pamela G. Hancock
From: Ords Admin <ords@municode.com>
Sent: Monday, August 24, 2020 8:32 AM
To: Pamela G. Hancock
Subject: RE: Monroe County, FL Code of Ordinances - 2008(14298) OrdBank
Follow Up Flag: Follow up
Flag Status: Flagged
We have received your file.
Thank you and have a nice day.
Ords Administrator
ords@municode.com
1-800-262-2633
P.O. Box 2235
Tallahassee, FL 32316
When available, please send all documents in WORD format to Ords@municode.com. However, if WORD format is not
available, we welcome any document format including PDF.
Si
From: Pamela G. Hancock<phancock@monroe-clerk.com>
Sent: Friday, August 21, 2020 4:37 PM
To: State of Florida <County0rdinances@dos.myflorida.com>
Cc: Kristen Livengood <livengood-kristen@monroecounty-fl.gov>; Bob Shillinger<Shillinger-Bob@monroecounty-
fl.gov>; Kathy Peters (Peters-Katherine@monroecounty-fl.gov) <Peters-Katherine@monroecounty-fl.gov>;Amanda
Leggett<leggett-amanda@monroecounty-fl.gov>; Carol Schreck<boccdis3@monroecounty-fl.gov>; Katie Atkins
<Atkins-Katherine@monroecounty-fl.gov>; Lindsey Ballard <Ballard-Lindsey@monroecounty-fl.gov>; Ords Admin
<ords@municode.com>; Susie Ptomey<boccdis5@monroecounty-fl.gov>;Tamara Lamarche (boccdis4@monroecounty-
fl.gov) <boccdis4@monroecounty-fl.gov>
Subject: Ordinance No. 027-2020
Sender Full Name: Pamela G. Hancock
Sender Phone Number: (305) 292-3550
County Name: Monroe
Ordinance Number: 2020-027
Pamela G. Hancock
Deputy Clerk
Kevin Madok, CPA
`* Clerk of the Circuit Court& Comptroller
500 Whitehead St, Key West, FL, 33040
1
Phone: 305-292-3550
www.clerk-of-the-court.com
PLEASE NOTE: The information contained in this message and any accompanying attachments may contain privileged,
private, and/or confidential information protected by state and federal law. If you have received this information in
error, please notify the sender immediately and destroy the information.
Florida has a very broad public records law. Most written communications with any public agency in the course of its
official business are public record, and available to the public and media upon request. Your e-mail communication with
this office may be subject to public disclosure.
2