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Ordinance 026-2020 ORDINANCE NO.026 -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 AND ORDINANCE 024-2020, 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. 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, the CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain in order to slow the spread of the virus and help people who may have the virus and do not know it from transmitting it to others; and WHEREAS,the CDC does not recommend wearing cloth face covering for children under the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the mask without assistance; and WHEREAS, the CDC recommends only simple cloth face coverings for the general population and not surgical masks or N-95 respirators because these are critical supplies that must continue to be reserved for healthcare workers and other medical first responders; and Page 1 of 8 WHEREAS, cloth face coverings are relatively inexpensive and readily available as the CDC states they can be made from household items and provides online guidance for making"do- it-yourself'coverings for people that cannot or do not want to buy one from the increasing sources producing and selling coverings; and WHEREAS, 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 COVID-19; and WHEREAS, the Board finds the inconvenience of an ordinance requiring the use of face coverings or other suitable face coverings is minimal compared to the risk to the health, safety, and welfare of the community were no such rule imposed; and WHEREAS, the Board finds implementation of this ordinance is necessary for the preservation of the health, safety, and welfare of the community; and WHEREAS, Section 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, the County's Emergency Management Director has issued interim rules requiring the use of face coverings pursuant to the authority vested in her by Section 11-3 of the County Code that are enforceable as misdemeanors by law enforcement through F.S. 252.47 and F.S. 252.50; and WHEREAS, adopting regulations via ordinance would permit additional enforcement options through code compliance and injunctive relief; and WHEREAS, 28 C.F.R. 36.208, the implementing regulations for the Americans with Disabilities Act states that the ADA does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation when that individual poses a direct threat to the health or safety of others; and customers with disabilities who may be unable, due to their disability, to wear a face mask may access the goods and services of the businesses through the provisions of curbside service or home delivery; and WHEREAS, the Third District Court of Appeal has defined the term business establishment for purposes of tort liability to mean"a location where business is conducted, goods are made or stored or processed or where services are rendered." Publix Supermarkets, Inc. v. Santos, 118 So.3d 317 (Fla. 3d DCA 2013); and Page 2 of 8 WHEREAS, the Florida Legislature has defined the term "transient public lodging establishment" to mean "any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for a period of less than 30 days or I calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests." See, F.S. 509.013(4)(a)1; and WHEREAS, on June 17, 2020, the Board of County Commissioners adopted Ordinance No. 014-2020 requiring people to wear face coverings when inside of business establishments, as that term was defined in the ordinance until the ordinance sunsets; and WHEREAS,the number of infections has increased dramatically since the mask ordinance was adopted; and WHEREAS, on June 26, 2020, the Emergency Management Director issued Emergency Directive 20-10,which expanded upon the requirements in Ordinance 0 14-2020 by mandating that facial coverings be carried by any person over the age of six who is away from home by requiring such persons to wear masks when unable to engage in social distancing from another person; and WHEREAS, the Board desires to incorporate these new requirements into its ordinance so as to authorize additional enforcement mechanisms unavailable for enforcing an emergency directive; and WHEREAS, the Florida Legislature has stated 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, on July 15, 2020, the Board revised Ordinance 014-2020 to, inter alia, require that when an employee of a business tests positive for COVID19, the business shall shut down for a minimum of 3 days to sanitize; and WHEREAS, State and Federal law preempts the County's ability to impose such a restriction on certain types of businesses; and WHEREAS, F.S. 162.21(5)(c) requires that the Board set an amount that a person issued a citation must pay in lieu of contesting a citation; and WHEREAS, the Board finds that $250 is a reasonable amount to impose as a fine on a person who does not wish to contest a citation; and WHEREAS, the Board finds it necessary to clarify the ordinance to make it clear that a business operator, employee, or customer must wear a face covering while inside of any portion of a business establishment that is open to the public, except as specified; Page 3 of 8 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Ordinance No. 024-2020 is hereby amended as follows: SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as follows: (1) Face Covering. A"face covering"is a material that covers the nose and mouth. It can be secured to the head with ties or straps or simply wrapped around the lower face. It can be made of a variety of materials,such as cotton,silk,or linen. A cloth face covering may be factory-made or sewn by hand, or can be improvised from household items. (2) Business establishment. A "business establishment" means a location where any business is conducted, goods are made or stored or processed or where services are rendered. The term "business establishment" also includes locations where non-profit, governmental, and quasi-governmental entities facilitate public interactions and conduct business. The term shall include the entire premises of the business establishment, whether owned or leased, regardless of whether indoors or outdoors. The term does not include educational institutions operating within Monroe County, which have adopted their own protocols. (3) Lodging establishment. A "lodging establishment" shall have the same meaning as the term "transient public lodging establishment" has in F.S. 509.013(4)(a)l (2019). A lodging establishment is a specific type of business establishment. (4) Operator. An "operator" shall mean any individual or entity that owns a business or controls the operation of the business, even if only for a period of time, regardless of the formal title or role health by that individual. (5) Social Distancing. "Social distancing" shall mean keeping space between yourself and other persons by staying a minimum of six (6) feet away from another person. SECTION 3. Recommended standards of conduct. (1) 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 Page 4 of 8 disease) should continue to stay at home. When leaving home, these individuals should follow social distancing and other general mitigation guidance. Those living with vulnerable individuals should be aware of the exposure risk that they could carry the virus back home after returning to work or other environments where distancing is not practiced. Vulnerable populations should affirmatively inform their employer that they are a member of a vulnerable population so that their employer can plan accordingly. SECTION 4. Mandatory requirements. (1) Except as provided for in paragraph (4) of this Section, every person over the age of six (6) who is away from his or her residence shall wear a face covering when closer than 6 feet to another person with whom he or she does not reside (2) Every person over the age of six (6) who is away from his or her residence shall carry a face covering capable of immediate use. (3) Each operator shall establish rules for that business establishment that encourages social distancing, hand washing, and other protective measures for customers and employees based upon guidelines provided by the Centers of Disease Control and the State Department of Health. (4) An operator, manager, employee, customer or patron of a business establishment must wear a face covering while inside of any portion of that business establishment that is open to the public. The requirements of this paragraph do not apply to: a. Restaurant customers or patrons while dining and/or consuming beverages while seated at a table. b. A gym patron engaged in a workout or class where at least 6 feet of distancing exists with the next closest patron. c. Barbershop or beauty salon customers or patrons when wearing a face covering would reasonably interfere with receiving services. d. Business operators and employees who are in an area of a business establishment that is not open to customers,patrons,or the public, provided that 6 feet of distance exists between employees. When an operator or employee is in their place of employment but not within 6 feet of another person, that operator or employee does not need to wear a facial covering. This exception does not apply to operators and employees who are present in the kitchen or other food and beverage preparation area of a restaurant or food establishment. e. Bar patrons while seated and consuming beverages and/or food. Page 5 of 8 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. g. Participants in public meetings held pursuant to F.S. 286.011, provided that the participant without a face covering is engaged in social distancing. (5) An operator and/or employee of a business or lodging establishment shall ensure that every individual in that establishment complies with this section. (6) When a customer of a business establishment asserts that he or she has a disability that prevents the individual from wearing a mask or facial 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 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 business's employees and other customers, such as providing curb service or delivery or other reasonable accommodation. SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the following manner: (1) 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 county, municipal, or state law enforcement officer may, upon observation of a violation by a person who does not immediately put on a face covering after receiving a warning, issue a notice to appear or civil citation to appear in County Court. b. Any person or business establishment prosecuted under this subsection and found in violation of this ordinance may be punished by a fine of up to$500.00. Page 6 of 8 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 by a person who does not immediately put on a face covering after receiving a warning, issue a notice of violation and notice to appear before the Code Compliance board or special magistrate of that officer's jurisdiction. b. Any person or business establishment found in violation of this ordinance may be fined pursuant to part I of Chapter 162,Florida Statutes. (4) Injunctive relief. a. The State Attorney of the 16 1h 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. (6) Defenses. An owner, manager, and/or employee of a business establishment shall not be liable in any enforcement action taken under this section for the violations of a guest, customer, and/or patron if that owner, manager, and/or employee directed that guest, customer, and/or patron who refuses to wear a face covering to vacate the premises or face prosecution of trespass. SECTION 6. Severability. If any section, subsection, sentence, clause, or provision of this ordinance is held by a court of competent jurisdiction to be invalid, the remainder of this ordinance shall not be affected by such invalidity. SECTION 7. Applicability and Conflict. This ordinance is intended to have countywide application except within a municipality which has adopted an ordinance in conflict this this ordinance pursuant to Article VIII, Section 1 of the Florida Constitution. All County ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Page 7 of 8 SECTION 8 Effective Date. This Ordinance shall take immediate effect upon adoption and shall be filed with the Department of State. SECTION 9. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this ordinance shall sunset on June 1, 2021, subject to quarterly review. SECTION 10. Codification. Due to the temporary nature of this ordinance, the Board directs the Clerk to send the ordinance to the Municipal Code for publication on its website but with instructions to not codify the ordinance within the Monroe County Code. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the I9'"day of August, 2020. Mayor Heather Carruthers Yes �y \ ' Mayor Pro Tem Michelle Coldiron Yes '7/ r Commissioner Craig Cates Yes Commissioner David Rice Yes tt Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS ;+• VIN MADOK,Clerk OF MONROE COUNTY,FLORIDA // A b By: G'w,-,.,,1? ^ A/ By: As Deputy Clerk May r Ilea er Carruthers o 'ir_ o moNROE F • N Dote Page 8 of 8 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 , \11 `°°- 'a Kevin Madok, CPA t. ma ." 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 Ordinance No. 026-2020 by the Board of County Commissioners of Monroe County, Florida amending Ordinance No. 014-2020 as amended by Ordinance No. 022-2020 and Ordinance No. 024-2020 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. 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 die Monroe County Board of County Commissioners by:Pamela G. Hancock, D.0 cc: County Attorney MuniCode BOCC 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,Ronda 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Pamela G. Hancock From: Ords Admin <ords@municode.com> Sent: Monday, August 24, 2020 8:31 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: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>; 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> Subject: Ordinance No. 026-2020 Sender Full Name: Pamela G. Hancock Sender Phone Number: (305) 292-3550 County Name: Monroe Ordinance Number: 2020-026 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