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Item Q1
� Q.1 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting August 19, 2020 Agenda Item Number: Q.1 Agenda Item Summary #7175 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 1:30 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider amendments to Ordinance No. 024- 2020 (amended mask ordinance adopted 7/21/2020) and Ordinance No. 025-2020 (closures/alcohol ban during lobster mini season as adopted 7/27/20) in response to COVID-19 pandemic. ITEM BACKGROUND: In response to the COVID19 pandemic, the Board has adopted two basic emergency ordinances, one requiring facial coverings and a second that closing bars and restaurants from 11 pm to 5 am and restricts packaged sales of alcohol from 11 pm to 7 am from July 24th until August 19th. Both ordinances have been modified at least once to address changing conditions. This item is being placed on the agenda to allow the Board to modify either or both ordinances as conditions warrant. PREVIOUS RELEVANT BOCC ACTION: 7/27/20 (H-1) Board adopted Ordinance No. 025-2020 amending Ordinance No. 023-2020 allowing restaurants to sell food to customers through drive through, delivery and/or curbside services during the hours of 11 PM and 5 AM; providing a no contest fine of$250 in lieu of contesting an issued citation 7/21/20 (C-1) Special Meeting was called by the Mayor to discuss possible cancellation of mini- season and possible additional protective measures due the continued increase in COVID-19 cases; Board adopted an emergency ordinance amending Ordinance No. 024-2020, as amended by Ordinance No. 022-2020 (adopted 7/15/20 to address closure and sanitization of a business when an employee of a business tests positive for COVID-19; providing a no contest fine of$250 in lieu of contesting an issued citation 7/15/20 (P-12) Board adopted Emergency Ordinance No. 023-2020 setting closure dates and times for bars, restaurants and food service establishments and dates/times banning the sale of alcohol Packet Pg. 2914 Q.1 7/15/20 (P-10) Board adopted Ordinance No. 022-2020 amending Ordinance No. 014-2020 adding criminal enforcement actions, making previously recommended actions mandatory, etc. 7/8/20 (D) As a result of discussion re: COVID-19 during Commissioner's Comments, the Board directed the County Attorney to draft ordinance regarding protective measures in response to the increase in COVID-19 cases 6/17/20 (0-11) Board adopted Ordinance No. 014-2020 requiring facial coverings and setting forth enforcement measures CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: N/A DOCUMENTATION: Ordinance No. 025-2020 amending Ord 023-2020 closures alcohol sales ban BOCC 7 27 20 (1-11) Ordinance No. 024-2020 amending Ord No 022-2020 req face covering adopted 7 2120 (C-1) Notice of Intention to Consider Adoption of County Ord re COVID 19 Ordinance Nos. 024-2020 (face covering) and 025-2020 (closures/ban on alcohol sales) Emergency Ordinance No. 023-2020 mini season curfew alcohol ban BOCC 7 15 20 (P12) Ordinance No. 022-2020 amending Ordinance No. 014-2020 req face coverings, adding crininal penalties BOCC 7 15 20 (P10) Ordinance No. 014-2020 req face covering (COVID-19) BOCC 6 17 20 FINANCIAL IMPACT: Effective Date: TBD Expiration Date: TBD Total Dollar Value of Contract: n/a Total Cost to County: n/a Current Year Portion: n/a Budgeted: n/a Source of Funds: n/a CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Packet Pg. 2915 Q.1 Additional Details: n/a REVIEWED BY: Bob Shillinger Completed 07/29/2020 2:56 PM Bob Shillinger Completed 07/29/2020 2:56 PM Purchasing Completed 07/29/2020 3:31 PM Budget and Finance Completed 07/29/2020 4:07 PM Maria Slavik Completed 07/29/2020 6:53 PM Kathy Peters Completed 07/30/2020 8:45 AM Board of County Commissioners Pending 08/19/2020 9:00 AM Packet Pg. 2916 Q.1.a ORDINANCE NO. 025—2020 0 AN UNCODIFIED EMERGENCY ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING ORDINANCE NO. 023- 2020 CREATING SECTION 3.(5) ALLOWING RESTAURANTS TO SELL FOOD TO CUSTOMERS THROUGH DRIVE THROUGH, DELIVERY AND/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 CITATION; 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 N ENDING AT 5 A.M. ON AUGUST 19, 2020; PROHIBITING ALCOHOL SALES FROM 11 P.M.UNTIL 7 A.M.EACH DAY STARTING AT 11 P.M.ON JULY 24,2020 AND ENDING AT ca 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 y REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR TRANSMITTAL TO THE 0 SECRETARY OF STATE AND PROVIDING FOR AN EFFECTIVE AND SUNSET DATE. WHEREAS,the Board of County Commissioners of Monroe County,Florida(hereinafter o "Board") finds that COVID-19 presents a danger to the health, safety, and welfare of the public; N and N N 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 b feet(about two arms lengths); and M CD WHEREAS, the CDC advises that a significant portion of individuals with coronavirus lCD ack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- LO 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, CD 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 Page 1 of 7 Packet Pg. 2917 Q.1.a 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 WHEREAS, Miami-Dade County is immediately adjacent to Monroe County and Broward County is located between Miami-Dade and Palm Beach counties; and 0 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 '✓ N 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 e people with whom they have not quarantined; and WHEREAS,the Florida Fish&Wildlife Commission(FWC)has established a 2-day sport y season for recreational harvest of spiny lobster; and 0 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 y 0 WHEREAS, in 2020, the lobster mini-season falls on July 29 and 30 and the regular N lobster season begins on August 6, 2020; and N N 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 M CD WHEREAS, while the actual act of harvesting of lobster involves scuba diving, free CD di►ing--,-snorkeling,and bully netting,activities that do not directly facilitate the spread of the virus, LO many of the people doing the harvesting will engage in social activities in off-hours that risk the N CD community spread of the virus, including the patronizing of local restaurants and bars; and d 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 Page 2 of 7 Packet Pg. 2918 Q.1.a WHEREAS, on June 26, 2020, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-09, which closed bars for all but carry out service,as amended on July 1, 2020;and WHEREAS, DBPR premised that order on the statement that bars serve as venues for spread of the virus because people tend not to engage in social distancing and tend to mix with people with whom they have not been quarantining; and 0 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 y WHEREAS, the Board finds implementation of this ordinance is necessary for the 0 preservation of the health, safety, and welfare of the community; and WHEREAS, several other State and local jurisdictions across the country have mandated y curfews for restaurants and bars in their response to COV ID-19; and o WHEREAS, Section 1(f) of Article VIII of the Florida Constitution vests the Board with the authority to enact ordinances having countywide effect that are not inconsistent with state law, provided that such ordinance shall not be effective within a municipality that has adopted an 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 M CD WHEREAS, adopting regulations via ordinance allows for enforcement through a variety CD of-mechanisms including a quasi-criminal offense under F.S. 125.69(t); civil and administrative LO remedies under chapter 162, Florida Statutes; and enforcement actions for injunctive and other CD relief in circuit court; and d 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 Page 3 of 7 c Packet Pg. 2919 Q.1.a 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 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; 0 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; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Ordinance No. 023-2020 is hereby amended to read in its entirety as follows: SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. y The Board further finds that an emergency exists that necessitates dispensing with the notice requirements in F.S. 125.66. 0 SECTION 2. Definitions. The following definitions shall apply in this ordinance) (1) A food service establishment is defined to have the same definition as o U provided for in F.S. 500.03(1)(r)and/or F.S. 509.013(5)(a),Florida Statutes, (2020), and to include mobile food vendors such as food trucks and carts. N (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. e (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 CD for a period of time, regardless of the formal title or role held by that CD individual. LO N CD SECTION 3. Mandatory requirements. d (1) During the period when this ordinance is in effect,a bar and/or food service establishment shall close to the public during the hours of 11:00 P.M. and 5:00 A.M. the following morning. Page 4 of 7 Packet Pg. 2920 Q.1.a (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 11 P.M. and 7:00 A.M. the following morning. (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 11:00 P.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 o violations committed in his or her presence or through procurement of an arrest warrant. Violations shall be prosecuted by the State Attorney of the 151h Judicial Circuit. b. A person found in violation may be punished by up to 50 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 N offense. N (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 LO ordinance occurs is considered a separate offense. c. If a person issued a citation does not wish to contest the o violation, that person may pay a fine of $250 to the Clerk of Court in lieu of contesting the citation. Page 5 of 7 Packet Pg. 2921 Q.1.a (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`' 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'n Judicial Circuit to enforce violations of this y 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 0 at the discretion of the court. SECTION 5. Severability. If any section, subsection, sentence, clause, or provision of this ordinance is held by a court of competent jurisdiction to be invalid,the remainder of this ordinance shall not be affected by such invalidity. N 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 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. M 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 Friday July 24, LO 2020. CD SECTION S. Sunset Date. This ordinance shall sunset at 11:00 P.M.on Wednesday,August 19, 2020. Page 6 of 7 Packet Pg. 2922 Q.1.a 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 27`h day of July 2020. Mayor Heather Carruthers Yes c Mayor Pro Tem Michelle Coldiron Yes Commissioner Craig Cates Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes -� BOARD OF COUNTY COMMISSIONERS : KEVIN MADOK,Clerk OF MONROE CO Y FLORIDA By: By: ca As Deputy Clerk Ma r HeWr Carruthers c 2 r— C :; cv t� -- cV C M CD cv CD - - MONROE eeuNTY ATTORNEY LO cv CD RY J .$ OE«t, R. d Page 7 of 7 Packet Pg. 2923 FLORIDA DEPARTMENT 0 STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State 76 C c July 28, 2020 cv cv Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 a� Attention: Pam Hancock 0 Dear Mr. Madok: 2 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 025-2020, which was bled in this office on July 28, 2020. cv cv Sincerely, cv Ernest L. Reddick a Program Administrator CD N CD ELR/lb C14 cv CD R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Packet Pg. 2924 Q.1.b 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 c; PROVIDING FOR AN EFFECTIVE AND SUNSET DATE. N T_ N 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 b feet (about two arms lengths); and Cr CD 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, e 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 M CD WHEREAS,the CDC does not recommend wearing cloth face covering for children under CD the .,ge of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise ' N unable to remove the mask without assistance; and CD d 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 S Packet Pg. 2925 Q.1.b WHEREAS, cloth face coverings are relatively inexpensive and readily available as the CDC States they can be made from household items and provides online guidance for making"do- it-yourself'coverings for people that cannot or do not want to buy one from the increasing sources 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 CDVID-19; and c 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 N N WHEREAS, Section 1(f) of Article VIII of the Florida Constitution vests the Board with the authority to enact ordinances having countywide effect that are not inconsistent with state law, provided that such ordinance shall not be effective within a municipality that has adopted an 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 COV ID-19; and e WHEREAS, the County's Emergency Management Director has issued interim rules Cr requiring the use of face coverings pursuant to the authority vested in her by Section 11-3 of theCD County Code that are enforceable as misdemeanors by law enforcement through F.S. 252.47 and F.S. 252.50; and N WHEREAS, adopting regulations via ordinance would permit additional enforcement e options through code compliance and injunctive relief; and CD 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 CD N 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 N provisions of curbside service or home delivery; and d 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." Puhlix Supermarkets, Inc. v. Santos, 118 So.3d 317 (Fla. 3d DCA 2013); and e Page 2 of 8 Packet Pg. 2926 Q.1.b WHEREAS, the Florida Legislature has defined the term "transient public lodging establishment" to mean "any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for a period of less than 30 days or 1 calendar month, whichever is less, or which is advertised or 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 U 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 e WHEREAS,the number of infections has increased dramatically since the mask ordinance was adopted; and WHEREAS, on June 26, 2020, the Emergency Management Director issued Emergency �? Directive 20-10,which expanded upon the requirements in Ordinance 014-2020 by mandating that facial coverings be carried by any person over the age of six who is away from home by requiring such persons to wear masks when unable to engage in social distancing from another person; and WHEREAS, the Board desires to incorporate these new requirements into its ordinance s❑ 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 rr WHEREAS, on July 15, 2020, the Board revised Ordinance 014-2020 to, inter alia, CD 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 CD 0 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 CD WHEREAS, the Board finds that $250 is a reasonable amount to impose as a fine on a CD pens,on-who does not wish to contest a citation; d NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Ordinance No. 022-2020 is hereby amended as follows: 0 SECTION 1. Findings. The above recitals are adopted by the Board as legislative Endings. e Page 3 of 8 Packet Pg. 2927 Q.1.b SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as follows: e 0 (1) Face Covering. A"face covering" is a material that covers the nose and mouth. It can he secured to the head with ties or straps or simply wrapped around the lower face. It can he made of a �ariety of materials.such as cotton, sill.or linen. A cloth face covering may be factory-madc or sewn by hand, or can he c, improvised from horlSChold itents, c (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. 0 (3) Lodging establishment. A "lodging establishment" shall have the same meaning as the term "transient public lodging establishment" has in F.S. 509.013(4)(a)1 (2019). A lodging establishment is a specific type of business establishment. e (4) Operator. An "operator" shall mean any individual or entity that owns a Cr business or controls the operation of the business, even if only for a period of 0) time, regardless of the formal title or role health by that individual. N N (5) Social Distancing. "Social distancing" shall mean keeping space between `CD V yourself and other persons by staying a minimum of six (6) feet away from e 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 04 lung disease,moderate-to-severe asthma, serious heart conditions,immune- compromised status, cancer, diabetes, severe obesity, renal failure, liver disease) should continue to stay at home. When leaving home, these d individuals should follow social distancing and other general mitigation z guidance. Those living with vulnerable individuals should be aware of the exposure risk that they could carry the virus hack 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. e Page 4of8 Packet Pg. 2928 Q.1.b SECTION 4. Mandatory requirements. e (1) 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. 76 c (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 CL 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 in that business establishment when unable to engage in social distancing. (5) The requirements of this section do not apply to: a. Restaurant customers or patrons while dining and/or consuming beverages while seated at a table b. A gym patron engaged in a workout or class where at least 6 feet 0 of distancing exists with the next closest patron. c. Barbershop or beauty salon customers or patrons when wearing Cr a face covering would reasonably interfere with receiving 2 CD services. 04 CD d. Business operators and employees who are in an area of a business establishment that is not open to customers, patrons, or CD the public, provided that 6 feet of distance exists between e employees. When an operator or employee is in their place of employment but not within 6 feet of another person, that 0 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 E preparation area of a restaurant or food establishment. e. Bar patrons while consuming beverages and/or food. f. A lodging establishment guest when inside of the lodging unit including but not limited to a hotel room, motel room, vacation CD rental unit, timeshare unit, or similar unit. d g. Participants in public meetings held pursuant to F.S. 286.011, 0) provided that the participant without a face covering is engaged in social distancing. (6) An operator and/or employee of a business or lodging establishment shall ensure that every individual in that establishment complies with this section. m e Page 5 of 8 Packet Pg. 2929 . Q.1.b (7) 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 U operations of the business establishment nor jeopardize the health of that business's employees and other customers, such as providing curb service or delivery or other reasonable accommodation. SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the -� following manner: ti (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 10h 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 0 violation of this ordinance occurs is considered a separate offense. Cr (2) Civil Citation. cv a. A county or municipal code compliance or county, municipal, N or state law enforcement officer may, upon observation of a violation by a person who does not immediately put on a face e covering after receiving a warning, issue a notice to appear or civil citation to appear in County Court. 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. c. If a person issued a citation does not wish to contest the CD violation, that person may pay a fine of $250 to the Clerk of Court in lieu of contesting the citation. N (3) Administrative Notice of Violation d 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 PP P board or special magistrate of that officer's jurisdiction. Page b of S Packet Pg. 2930 . Q.1.b b. Any person or business establishment found in violation of this ordinance may be fined pursuant to part I of Chapter 162,Florida Statutes. (4) Injunctive relief. ' a. The State Attorney of the 10h 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`h Judicial Circuit to enforce violations of this section against a violator. Attorney's fees and costs incurred in an action to enforce this ordinance may be awarded to the substantially prevailing party at the discretion of the court. (6) Defenses. An owner, manager, and/or employee of a business S 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 Cr vacate the premises or face prosecution of trespass. N N 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. e 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 CD conflict. CD cv cv CD SECTION 8. Effective Date. This Ordinance shall take immediate effect upon adoption and d 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. Page 7 of 8 Packet Pg. 2931 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 special meeting of said Board held on the 2 1"day of July, 2020. U Mayor Heather Carruthers Yes Mayor Pro Tem Michelle Coldiron Yes c Commissioner Craig Cates Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes c BOARD OF COUNTY COMMISSIONERS �? O: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA T- N By: By: As Deputy Clerk Wyor Mther Carruthers 0 CD Cr CD N N CD CD rJy c a MONRDE COUNTY A F�� L APP cv JR. `V 0' cV --y - Page S of 8 Packet Pg. 2932 r FLORIDA DEPARTMENT 0 STATE � RON DESANTIS LAUREL M. LEE Governor Secretary of State 76 C July 22, 2020 cv Honorable Kevin Madok C44 Clerk of the Circuit Court Monroe County 2 500 Whitehead Street, Suite 101 0 Key West, Florida 33040 Attention: Pam Hancock > 0 Dear Mr. Madok: Cr Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your ' CD electronic copy of Monroe County Ordinance No. 024-2020, which was bled in this office on July 22, N 2020. cv Sincerely, 0 Ernest L. Reddick M Program Administrator CD N CD ELR/lb cv CD R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Packet Pg. 2933 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE N LO N 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, Florida, intends to consider adoption of an ordinance or ordinance(s) amending one or both of the following County Ordinances related to COVID-19: c ORDINANCE NO. 024 —2020 AN UNCODIFIED ORDINANCE BY THE BOARD OF COUNTY N COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING ORDINANCE NO. 014-2020 AS AMENDED BY ORDINANCE 022-2020 `V 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. U ORDINANCE NO. 025-2020 2 AN UNCODIFIED EMERGENCY ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING ORDINANCE NO. 023-2020 CREATING SECTION 3.(5) ALLOWING RESTAURANTS TO SELL FOOD TO CUSTOMERS THROUGH DRIVE THROUGH, DELIVERY AND/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 CITATION; TO MANDATE THAT ALL BARS, RESTAURANTS, AND FOOD SERVICE :2 ESTABLISHMENTS CLOSE FROM 11 P.M. UNTIL 5 A.M. EACH DAY STARTING AT 11 P.M. ON JULY 24, 2020 AND ENDING AT 5 A.M. ON AUGUST 19, 2020; PROHIBITING ALCOHOL SALES FROM 11 P.M. UNTIL 7 A.M. EACH DAY STARTING AT 11 P.M. ON 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 2 ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR c TRANSMITTAL TO THE SECRETARY OF STATE AND PROVIDING FOR AN EFFECTIVE AND SUNSET DATE. Packet Pg. 2934 The August 19, 2020 Meeting of the Board of County Commissioners of Monroe County, FL will be conducted via Communication Media Technology ("CMT") using a Zoom Webinar platform. The public is strongly encouraged to watch the meeting on Monroe County's MCTV on LO Comcast Channel 76, AT&T UVerse Channel 99 or on the County's web portal http://monroecouniyfl.igm2.com/Citizens/Defatilt.aspx. Simply select the "Watch Live" banner to view the live meeting with live closed captioning on an integrated page that includes the agenda and agenda backup. If a citizen has a Roku device,they can search for and add "MCTV"to their personal lineup. Monroe County's "MCTV"is also provided via the Monroe County mobile apps for 1S and Android and through our streaming 0 web portal (a https:// o roe-fl.vod.castus.tv/vod/?Iive=chl&nav=live. Citizens can listen to audio only from their phone by dialing (646) 518-9805 or (669) 900-6833 and, when prompted, enter the Webinar ID# 982 2806 0317 followed by the 4 key. N The public can comment during the live Public Hearing either by phoning in or by connecting to the live Zoom webinar link using the following instructions: v, 0 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 4 key, then *9 to "Raise your hand'to be recognized by the Zoom webinar host. b) To comment on an item using the live Zoom webinar link: Open this live Zoom webinar link @ http://www.monroecounty-fl.aov/BoccMeetingAu�4ustl9 (that also appears in both the published Agenda and Agenda Packet). When prompted, enter 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 Board is nearing your 2 item(s) as the meeting progresses, select the "Raised Hand' feature that appears at -a the bottom of the Zoom webinar screen to be recognized by the Zoom webinar host. The Zoom webinar host will request the item 4 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 tcj the Zoom webinar,please call(305) 872-8831. 0 Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he 0 will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 0 ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to 0 participate in this proceeding,please contact the County Administrator's Office, by phoning(305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m. prior to the scheduled meeting; if you are hearing or voice impaired, call "711': Live Closed Captioning is available via our web portal @ littp://n-ionroecouniyfl.igm2.com/Citizens/Defatilt.4ax for meetings of the Monroe County Board of County Commissioners. c Dated at Key West, Florida, this 19m day of August, 2020. 0 z KEVIN MADOK, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida �t Packet Pg. 2935 Q.1.d ORDINANCE NO. 023 -2020 AN UNCODIFIED EMERGENCY ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA TO MANDATE THAT ALL BARS, RESTAURANTS,AND FOOD SERVICE ESTABLISHMENTS CLOSE FROM 11 P.M.UNTIL 5 A.M.EACH DAY STARTING AT 11 P.M. ON JULY 24, 2020 AND ENDING AT 5 A.M. ON AUGUST 19,2020; PROHIBITING ALCOHOL SALES FROM 11 P.M.UNTIL 7 A.M.EACH DAY STARTING AT 11 P.M.ON ,DULY 24, 2020 AND ENDING AT 7 A.M. ON AUGUST 19, 2020; ESTABLISHING A MINIMUM COUNTY-WIDE REQUIREMENT, EXCEPT TO THE EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE LO AND PROVIDING FOR AN EFFECTIVE AND SUNSET DATE. WHEREAS,the Board of County Commissioners of Monroe County,Florida(hereinafter in "Board") finds that COVID-19 presents a danger to the health, safety, and welfare of the public; and o 0 -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 o 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 d 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 WHEREAS, Miami-Dade County is immediately adjacent to Monroe County and Broward County is located between Miami-Dade and Palm Beach counties; and Page 1 of 6 Packet Pg. 2936 Q.1.d 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 reconunendations, 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 N WHEREAS,this 2-day mini season precedes the opening of commercial lobster season so LO 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 5,2020; and WHEREAS, FWC has advised that,by far, Monroe County is the county most impacted 0 by mini-season in terms of the number of people participating in the season; and 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 y 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 CD community spread of the virus, including the patronizing of local restaurants and bars;and N WHEREAS, experience has demonstrated that many recreational lobster fishermen alsoCD flock to the Keys at the opening of the regular lobster season in early August; and d 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 b.,...� service, as amended on July 1, 2020; and WHEREAS, DBPR premised that order on the statement that bars serve as venues for spread of the virus because people tend not to engage in social distancing and tend to mix with people with whom they have not been quarantining; and LU c Page 2 of 5 Packet Pg. 2937 Q.1.d 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 LO 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 l(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, o provided that such ordinance shall not be effective within a municipality that has adopted an 0 ordinance in conflict with the County ordinance, to the extent of such conflict; and 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 CD relief in circuit court; and CD N WHEREAS,the Florida Legislature has declared that"[s]afeguarding the life and propertyCD of its citizens is an innate responsibility of the governing body of each political subdivision of the d state" such as Monroe County and its five municipalities;F.S. 252.38; and c WHEREAS, F.S. 252.38(3)(a)(5) gives the County the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law in order to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community; c and WHEREAS, F.S. 125.66(3) permits the Board to waive the notice requirement and adopt an ordinance by 4J5 h vote in emergency circumstances. c Page 3of6 Packet Pg. 2938 Q.1.d NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: 0 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 o provided for in F.S.500.03(1)(r)and/or F.S. 504.013(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. '✓ N LO (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. SECTION 3. Mandatory requirements. o (1) During the period when this ordinance is in effect,a bar and/or food service establishment shall close to the public during the hours of 11:00 P.M. and 5.00 A.M. the following morning. 0 (2) This prohibition does not prevent a bar or food service establishment from having employees on premises during the hours when closed under this y ordinance to engage in food preparation, restocking supplies, cleaning the establishment,or maintaining security. N (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 11 P.M. and 7:00 A.M. the following morning. 0 Page 4 of 6 Packet Pg. 2939 Q.1.d SECTION 4. Penalties and Enforcement. This ordinance may be enforced in the following manner: 0 (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 1661 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. N (2) Civil Citation. a. A county or municipal code compliance or state, county, or LO 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. o e (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 e 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 y 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. N (4) Iniunctive relief. a. The State Attorney of the 16`h Judicial Circuit and/or the County d 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. LU Page 5 of 6 Packet Pg. 2940 Q.1.d (5) Private Right of Action. Any natural person may seek injunctive relief in the Circuit Court for the 16`h Judicial Circuit to enforce violations of this section against a violator. Attorney's fees and costs incurred in an action to enforce this ordinance may be awarded to the substantially prevailing party at the discretion of the court. SECTION 5. SeverabUity. 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. e 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 W ordinance pursuant to Article VIU, 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. N LO 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 Friday July 24, 2020. SECTION 8. Sunset Date. This ordinance shall sunset at 11:00 P.M.on Wednesday, August 19, _ 2020. e 0 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. 0 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15'h day of July 2020. y 7-' Mayor Heather Carruthers Yes 7 Mayor Pro Tem Michelle Coldiron Yes $ Commissioner Craig Cates Yes Commissioner David Rice Yes ` Commissioner Sylvia Murphy Yes _ i n d BOARD OF COUNTY CDMNkSSIONdR.S CD KEVIN MADOK, Clerk OF MONROE CO NT ORIDA By: By: As Deputy Clerk Ma r HeWer Carruthers IiAONRGE �FM R.JR. A � Page 6 of 6 Packet Pg. 2941 Q.1.e CL ORDINANCE NO.022 - 2020 '✓ AN UNCODIFIED ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, N FLORIDA AMENDING ORDINANCE NO. 014-2020 TOLO MANDATE THAT INDIVIDUALS WEAR A FACE COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES; ESTABLISHING A MINIMUM COUNTY-WIDE ca 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; v; and WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads 0 mainly from person to person through respiratory droplets produced when an infected person coughs,sneezes,or talks;these droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs; and studies and evidence on infection control report that 2 these droplets usually travel around 6 feet (about two arms lengths); and N N WHEREAS, the CDC advises that a significant portion of individuals with coronavirus lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre- symptomatic") can transmit the virus to others before showing symptoms. This means that the o 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 0 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 CD the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise »nahle to remove the mask without assistance; and N N WHEREAS, the CDC recommends only simple cloth face coverings for the general d 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 Packet Pg. 2942 Q.1.e CL 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 malting"do- it-yourself'coverings for people that cannot or do not want to buy one from the increasing sources producing and selling coverings; and LO WHEREAS, the Board finds it is in the best interest of public health, safety and welfare of the residents and workers of,and visitors to,the Florida Keys to require suitable face coverings in public locations to slow the spread of CDVID-19; and WHEREAS,the Board finds the inconvenience of an ordinance requiring the use of face coverings or other suitable face coverings is minimal compared to the risk to the health, safety, and welfare of the community were no such rule imposed; and WHEREAS, the Board finds implementation of this ordinance is necessary for the preservation of the health, safety,and welfare of the community; and WHEREAS, Section 1(f)of Article VIII of the Florida Constitution vests the Board with 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 d 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 o 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." Publfx Supermarkets, Inc. v. Santos, 118 5o.3d 317 (Fla. 3d DCA 2013);and Page 2 of 8 Packet Pg. 2943 Q.1.e CL WHEREAS, the Florida Legislature has defined the term "transient public lodging '✓ establishment"to mean "any unit,group of units,dwelling,building,or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for a period of less than 30 days or 1 calendar month, whichever is less, or which is advertised or LO 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 014-2020 by mandating that facial coverings be carried by any person over the age of six who is away from home by requiring such persons to wear masks when unable to engage in social distancing from another person; and 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 rr WHEREAS,the Florida Legislature has stated that "[slafeguarding the life and property 2 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; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY o COMMISSIONERS OF MONROE COUNTY, FLORIDA: Ordinance No. 014-2020 is hereby amended as follows: (Added language is underlined; deleted language is stricken through.) SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. M CD SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as CD follows: N (1) Face Covering. A"face covering"is a material that covers the nose and mouth. o 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. 0 Page 3 of 8 Packet Pg. 2944 Q.1.e CL (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 LO 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)1 (2019). A lodging establishment is a specific type of business establishment. (4) Operator. An `operator" shall mean any individual or entity that owns a business or controls the operation of the business, even if only for a period of time,regardless of the formal title or role health by that individual. (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. rr c 2 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- d compromised status, cancer, diabetes, severe obesity, renal failure, liver disease) should continue to stay at home. When leaving home, these individuals should follow social distancing and other general mitigation guidance. Those living with vulnerable individuals should be aware of the exposure risk that they could carry the virus back home after returning to work or other environments where distancing is not practiced. Vulnerable populations should affirmatively inform their employer that they are a member of a vulnerable population so that their employer can plan accordingly. N N SECTION 4. Mandatory requirements. d (1) 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 c 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. Page 4of8 Packet Pg. 2945 Q.1.e CL (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. 04 LO (4) Each operator of a business establishment must close that establishment to the public for at least 3 days if the operator or an employee of the establishment tests positive for CDVID-19. Before reopening,the operator ca must disinfect the premises of the business establishment according to guidelines provided by the Centers for Disease Control and the Department of Health. Any operator or employee exposed to the positive employee must quarantine and/or isolate for 14 days from the date of last contact with the infected employee or until a valid negative test for CDVID-19. The closure provision does not apply to essential businesses as defined by Executive Order 20-91,as amended. (5) An operator, manager, employee, customer or patron of a business establishment must wear a face covering while in that business establishment when unable to engage in social distancing. 0 (6) The requirements of this section do not apply to: a. Restaurant customers or patrons while dining and/or consuming Cr beverages while seated at a table 2 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 d 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 consuming beverages and/or food. f. A lodging establishment guest when inside of the lodging unit CD including but not limited to a hotel room, motel room, vacation d 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. 0 Page 5 of 8 Packet Pg. 2946 Q.1.e (7) An operator and/or employee of a business or lodging establishment shall ensure that every individual in that establishment complies with this section. (8) When a customer of a business establishment asserts that he or she has a LO 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 ca 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 e following manner: (1) Quasi-Criminal Offense. A. Any state, county. or municipal law enforcement officer may arrest or issue a notice to gp2gar for an 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 15`"Judicial Circuit. b. A person found in violation may be punished by up to 60 days 2 in the County Jail and/or a fine of up to $500. Each day a violation of this ordinance occurs is considered a Mar offense. d (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. CD (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 o 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. Page 6 of 8 Packet Pg. 2947 Q.1.e b. Any person or business establishment found in violation of this ordinance may be fined pursuant to part I of Chapter 162,Florida Statutes, N LO (4) Injunctive relief. a. The State Attorney of the 1601 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, ca 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 e relief in the Circuit Court for the 16`h Judicial Circuit to enforce violations of this section against a violator. Attorney's fees and costs incurred in an action to enforce this ordinance may be awarded N 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, 2 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 d ordinance is held by a court of competent jurisdiction to be invalid,the remainder of this ordinance z shall not be affected by such invalidity. SECTION 7. Applicability and Conflict. This ordinance is intended to have countywide application except within a municipality which has adopted an ordinance in conflict this this ordinance pursuant to Article VHL Section 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. CD CD Lm-ECT Effective Date. This Ordinance shall take immediate effect upon adoption and shall be filed with the Department of State. CD d SECTION 9. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this z ordinance shall sunset on June 1,2021,subject to quarterly review. Page 7 of 8 Packet Pg. 2948 Q.1.e SECTION 10. Codification. Due to the temporary nature of this ordinance,the Board directs the '✓ Clerk to send the ordinance to the Municipal Code for publication on its website but with instructions to not codify the ordinance within the Monroe County Code. N LO PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15'h day of July 2020. Mayor Heather Carruthers Yes Mayor Pro Tem Michelle Coldiron Yes Commissioner Craig Cates Yes Commissioner David Rice Yes = Commissioner Sylvia Murphy Yes x BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA Ali; v� 0 By: By: As Deputy Clerk Mayor Heather Carruthers N •l d CD rJ M CD IAONROE A cV -- - - -- cV cv JR. G OM W Page 8 of 8 Packet Pg. 2949 Q.1.e' - �g q R 4 1 fps a 1 -TI,dl "" ;to era° �N Nt CL tom ebsraar� for 1, C- The Florida mays Only Daily,Newspaper,ES1. 1876 b�' �� , � B f8t717, y 33041 wok oryop the � r P:(305)292-7777 ext 219 P(a05)295-8025 CL lagalJr �raw8. ts in h a N 41 hat a c 1NslN ii n �an A'lon 4 COMONROE N/BOCCyCtwon Nairrnpteda er9tan t 1 Lfi HISTORICTHE I the wobNn and fiN' N N h } —205 �d Bond"" prf tla ., N' rto KEY WEST FL 340 � t W" „''�yNelnrw, ca Account 143331 Ticket: 348186 1,10f,tt:o i r t w0 go. 'the �r s lea bbo , PUBLISHER'S AFFIDAVIT �wartitewn,>N�l laf�rt r N � � � STATE O FLORIDA NOTICE l5 NfE[tCNNY r3NYfNV ro WHOM rr � � �'������ eNttan crr oth COUNTY OF FPE lfer�oNid katNbstN�. MAY CONCERN that on July 15,3 at 1.30 RN3,or as son thereafter as many The n Before the undersigned authority personally appeared be heard,the Board of County Commis queAt, s 1t omt�N� r r stoners of� �Ftr+r yy�N} ors 2 ._ hot, m. wr who on oath says that he or she isso- y9 G 1 N -- of the Key Weal Citizen,a daily news- AN �� � � t,+ { paper publl ed in ey West in Monroe County,Florida;that the attached copy �� � N��� ��y�t°fViG�„ C tfl,l� `�v a rtt'�y�r�an�2 f�6u,flp, � ofadvertisment in a legal notice in the matter of ORDINANCE NO.014-2020 �yCp � ,� a'�! �at��� u� ��,�s i��Ns�N��wa�NNaper er f i n lib{dh kv a .to was published in said newspaper in the issues of: J t fr aN s 6 6r. ..... rNrtarls ttN6 r nYa ca ST laoneaf of � rw y Ntara,wgtN �Nf �`l C91� ,h1drt9fNl arropf Nr1sr dry N5 a tyre Wednesday,July 1,2020 TO ' Neu�frq�a�Nrst� d�d e "M SEVI TIVE rc�Nn 0 4 CA :v ffmant further s that the Key West Citizen is a newspaper published in s r od; 40 Pn � y y p y r"urxr Cep p t of r wr West,in said Monroe County, Florida and that the said newspapers has hereto- fextE p }s N fore been continuousl published in said Monroe County,Florida eve day,and 712, y p y 'C 'm s9f title�a� � d t+hda ri1r ne vt& has been entered as periodicals matter at the post office in key West in said � , ' � rNpN4 urn agra rn oqr Monroe County Florida,for a period of 1 year next preceding the first publication dal N � o s p� � dui �� r f ���u��ln�r� , r� �' to co" ' f ,? h ' tds�w� fY 4Neas 6 of the attached copy of advertisement,and avant further Sys that he or she has virus ,,pltti � ' ptNelafps �� f � yip a� neither paid nor promised any person,firm or corporation any discount,rebate, via C ,' C�'CNatpNd, CftCa of a� ' w commission or refund for the purpose of securing this advertisement for publica- (-CM � 0"SUN E tion in the said newspaper. 2019, tN�erifln ',rfa 9aarswtu im trx Clr�er rho wt tww w l p t 't N, ftorw + fw� rwofrr'' aN t" iro r uiad w �_ The 26439 i led : wa 6moen � ,GtS1' Ji ,r# (Signature ofNTiant + Npterraae trdroN po s Cotwne ten to ¢iei dNancii `1gw�drs t'odhah disfin try t Ya itae spy o �e p 15 s rtrr s; �od efore me this 8th day of July 2020 webNm co twNN�ukdNlf -ff 1 9 ,rNAlrldaw by the t"Cm�fi�4 usw a 2�rx� t wnaw fpl , � , ��vf � jo a� form 0ar � dryylEt q ��«:vkdV r 1N � \ 99aY4, iw ,'Fl"rrN{ dNo biio nature el�go4rlda portal h Nwfw9Nc Ns ft n N anccruras to , ;fey vd st ,,Garr, N tsrrarrrrr� wtut�RThe oodog n p ,��x -_ the'V �MCTV r� ��n N��,oC Its-' „tor a> Prt�s of trig Afer� � live do � � f�dwo 1y�mr+err� G yrh .� of of County Commis- N ttarNP Pda� tc Printed Named -- N I ppaw tl d 5 qr f ` 6acNcup 65 aarN, Nieri`Nrrp es the My commission expiresttnr NF2 'S68 756 6aR6 followed R west, Florida,this 2iNr 8 � � by e 4tpya " runtrv " 42� Z KE'dltd MADOK, CYBtk of � �r�pt6 � .Curt grad ex ido,Clerk ofABleada tJ or the a y rarsNlin, the e or etNng of County Co omissloners of C Personally Known Produced Identification _ arka! ., , r � M item end deck n pun , 1Ft`i the"Ut th t o" nowt w1e >��iR�iKeYVN stC n 'Type of Identification Produced a)if IN rN�raad ptir�in ea ar rte�rasad abettuEncUu act up. bk it d w man,mar tl Who c�n bl h rN tneetNn hu�st andd or the M%011 calis frar iota ors on theth � N Its Aam pu��ush to(0,MMent can• t8 .N e1 em—� uress and name tololn the webinar and then select the 'Raised and' feature that ap- Packet Pg. 2950 e a � I .. .w w � P. a •a1 i v#t :,, a Y k '-e g #_ �uu g F F a! + g X kltl • R. w mw � X M d •' 91 m B �r • !,' 1 �'.: �'. ,JIB 4' M eIII � a L� + �I I Q.1.e Maialhon-Unshirta Key-ft Plm Key44o Nam Key-Lhtle,Middle Big Torch Key-Ramrod Key-S i meriendKey-Gudjoe ugedooei Key CL u CL g C44 0330 Overseas highway P.O. o 431639 ig Pine Key, FL 33043 Phone: 0 -8 - 1 Fax: 0 -515- P v y AFFIDAVIT OF PUBLICATION CL STATE OF FLORIDA � ROE CO3UNTY ak1'ORNEY COUNTY OF MONROE 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 N of. 0 LEGAL NOTICE: INTENTTO CONSIDERI I COUNTY AD:MIN- ISTRATOR, HISTORIC UIL I 1100 SIMONTON ., SU11TE 2-205, Y WEST, FL 33040 was published in said newspaper in the issue(s) of JULY 3, 2020 Afflant further says that the a is_ arometer is a 'weekly newspaper published in Big Pine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in W said Monroe County, Florida each week and has been entered as fi t-cl ss mail matter at the past office in Big Pine Key, in said Monroe County, Florida, fora period of 1 year next prece+ei'nI 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 car car w r and subscri:-ed fore nTe thi 8TH Day of JULY 2020 6 !Signature of Notary ed Name of Notary +N$1 t l YMMISSION1 N CYO.24E 44 t I Xs I RY,.S Wk ribei 0 2020 pires Personally Known Produced Identification Type of Identification Produced Packet Pg. 2952 t 'ti, < t, I Q.1.e fit r � d u t11 Il\(I 1 s c t t 777,Zmm I),FA-S ICI'yr C1. �f�� i i r t�l apt t t s r � a: f i 1't�rlf '{ai iVh wl 111+\21 v�a;_ r CL £ r ttth4r i ti a;l f �l xi t l i 4 ! { .Wr FIErilla }44 stl+f. 2'titi t it s �l J$ii i�i;\i i�i� (V �, ��5 ( i�n ��1 t _ (+�t,� �t��t`_t R 1 t > st,(\ '2�y7r r !+ kfy } A� ca u £ �qq' , � ' ,'ttl i fir(�littttjfii?sf;t 'ul,< �iiUsS dt ,��r4 t�s1�l: 1)i uit r i t } t t8 } tt Ii���� N i �t 111 1 `i �Itl ti{sl � �i € �t Y�� �(i� I7 3 } t 1 t ' •� �� yitttj " ,.aFt t ' ,� f t ut� � it ' Iti{� istif tl�}i �(l�r"lit�t�i+�jt�`1i`(iCtirriii',�`i�,i �8 { i N t�, � ���ih � Jtll� Yll tf��ll� S i 1 � cu �Y IIf s�£l���i tz� rl�t�� � �( � � `�rt�t' S)� i� •\£ 1'ti'ltT ' U�`'uii tU4tt}�i�Ir , cr ri iSi s.t t ter ft Siff�t 'i{ t liitl it 33a V�\�t #�Sti � N N t ii , Iy i isI is�i�'{s i lid lt?lsll'ht' j s y�it„ z CD s t t � L,s' s v psi i i tt, tI, �J 2 i N N N w U U Packet Pg. 2953 Q.1.f ORDINANCE NO. 014-2020 AN UNCODIFIED ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, y FLORIDA TO MANDATE THAT INDIVIDUALS WEAR A FACE COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES; ESTABLISHING A MINIMUM COUNTYWIDE 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. 0 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 0 c 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 r 2 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 d WHEREAS, the CDC recommends only simple cloth face coverings for the general population and not surgical masks or N-95 respirators because these are critical supplies that must continue to be reserved for healthcare workers and other medical first responders; and WHEREAS, cloth face coverings are relatively inexpensive and readily available as the CDC states they can be made from household items and provides online guidance for making"do- it-yourself'coverings for people that cannot or do not want to buy one from the increasing sources c producing and selling coverings; and Page 1 of G Packet Pg. 2954 Q.1.f 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 COV1D19;and WHEREAS,the Board finds the inconvenience of an ordinance requiring the use of face E coverings or other suitable face coverings is minimal compared to the risk to the health, safety, and welfare of the community were no such rule imposed; and 0 WHEREAS, the Board finds implementation of this ordinance is necessary for the preservation of the health,safety,and welfare of the community; and WHEREAS,Section 1(f) of Article VIII of the Florida Constitution vests the Board with 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 COVID19;and �-- N 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 U 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 c the health or safety of others; and customers with disabilities who may be unable, due to their c disability, to wear a face mask may access the goods and services of the businesses through the Cr provisions of curbside service or home delivery; and 2 N 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. d Santos, 118 So.3d 317 (Fla. 3d DCA 2013); and z c WHEREAS, the Florida Legislature has defined the term "transient public lodging establishment" to mean "any unit, group of units, swelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year .. for a period of less than 30 days or 1 calendar month,whichever is less, or which is advertised or held out to the public as a place regularly rented to guests." See, F.S. 509.013(4)(a)1; c Page 2 of 6 Packet Pg. 2955 Q.1.f NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings. SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as follows: 0 (1) Face Covering. A "face covering" is a material that covers the nose and mouth. It can he secured to the head with ties or straps or simply wrapped around the lower face. It can be made of a variety of materials, such as cotton, sill`, or linen. A cloth face covering may he factory-made or sewn by hand, or can be improvised from household items. c (2) Business establishment. A"business establishment"means a location with a roof overhead under which any business is conducted,goods are made or stored or processed or where services are rendered. The term "business establishment" also includes locations where non-profit, governmental, '✓ and quasi-governmental entities facilitate public interactions and conduct business. The term does not include schools servicing students under the age of 18. ca (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. U SECTION 3. Recommended standards of conduct. 0 (1) Every person over the age of six (6)who is away from his or her residence should wear a face covering when closer than 6 feet to another person with whom he or she does not reside. Cr 2 CD (2) Every person over the age of six(6)who is away from his or her residence should carry a face covering capable of immediate use. (3) Each owner or manager should establish rules for that business d establishment that encourage social distancing, hand washing, and other protective measures for customers and employees based upon guidelines provided by the Centers of Disease Control and the State Department of Health. Page 3 of 6 Packet Pg. 2956 Q.1.f (4) Vulnerable Populations. Individuals older than 65 years of age and individuals with a serious underlying medical condition (such as chronic lung disease,moderate-to-severe asthma,serious heart conditions,immune- compromised status, cancer, diabetes, severe obesity, renal failure, liver disease) should continue to stay at home. When leaving home, these E 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. 0 SECTION 4. Mandatory requirements. (1) An owner, manager, employee, customer or patron of a business establishment must wear a face covering while in that business establishment. (2) The requirements of this section do not apply to: a. Restaurant customers or patrons while dining and/or consuming beverages while seated at a table b. A gym patron engaged in a workout or class where at least 6 feet of distancing exists with the next closest patron. c. Barbershop or beauty salon customers or patrons when wearing a face covering would reasonably interfere with receiving Services. d. Business owners, managers, and employees who are in an area of a business establishment that is not open to customers, patrons, or the public, provided that 6 feet of distance exists between employees. This exception does not apply to employees who are present in the kitchen or other food and 2 beverage preparation area of a restaurant or food establishment When an owner, manager, or employee is in their place of employment but not within six feet of another person,that owner,manager,or employee does not need to wear d a mask. e. Bar patrons while consuming beverages and/or food. f. A lodging establishment guest when inside of the lodging unit including but not limited to a hotel room, motel room, vacation rental unit, timeshare unit, or similar unit. (3) The owner, operator, manager, and employee of a business or E lodging establishment shall ensure that every individual in that establishment complies with this section. Page 4 of 6 Packet Pg. 2957 Q.1.f (4) When a customer of a business establishment asserts that he or she has a disability that prevents the individual from wearing a mask, the owner,manager,or employee of the business establishment may exclude the individual,even if they have a disability,as they pose a direct threat to the health and safety of employees and other customers, even if asymptomatic, and shall accommodate the disabled individual in a manner that does not fundamentally alter the operations of the business establishment nor jeopardize the health of that business's employees and other customers, such as providing curb service or delivery or other reasonable accommodation. SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the following manner, 0 (1) Civil Citation. a. A code compliance or law enforcement officer may, upon observation of a violation by a person who does not immediately -- put on a face covering after receiving a warning, issue a notice to appear or civil citation to appear in County Court. b. Any person or business establishment prosecuted under this subsection and found in violation of this ordinance may be punished by a fine of up to$500.00. (2) Administrative Notice of Violation a. A county or municipal code compliance officer may, upon discovery of a violation by a person who does not immediately put on a face covering after receiving a warning, issue a notice of violation and notice to appear before the code compliance board or special magistrate of that officer's jurisdiction. b. Any person or business establishment found in violation of this ordinance may be fined pursuant to part I of chapter 162,Florida Statutes. rr 2 (3) Injunctive relief. a. The State Attorney of the 16'h Judicial Circuit and/or the County Attorney may file an action for injunctive relief in Circuit Court seeking to enjoin violations that occur throughout the County, except for d violations that occur in a municipality that has adopted an ordinance in conflict with this ordinance. b. The City or Village Attorney for a municipality may file an action for injunctive relief in Circuit Court seeking to enjoin violations that occur with that municipality. Page 5 of 6 Packet Pg. 2958 Q.1.f (4) Private Right of Action. Any natural person may seek injunctive relief in the Circuit Court for the 16'h Judicial Circuit to enforce violations of this v, section against a violator. Attorney's fees and costs incurred in an action to enforce this ordinance may be awarded to the substantially prevailing party at the discretion of the court. (5) Defenses.An owner,manager,and/or employee of a business establishment shall not be liable in any enforcement action taken under this section for the violations of a guest,customer,and/or patron if that owner,manager,and/or employee directed that guest, customer, and/or patron who refuses to wear a face covering to vacate the premises or face prosecution of trespass. U SECTION b. 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. ca 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 dune 1, 2021, subject to quarterly review. c? 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, rr Florida, at a regular meeting of said Board held on the 171h day of June 2020. 2 CD Mayor Heather Carruthers Yes Mayor Pro Tem Michelle Coldiron Yes r � Commissioner Craig Cates Yes _ d =i - F Commissioner David Rice Yes -- CD 00 Commissioner Sylvia Murphy Yes (SEAL) BOARD OF COUNTY CO ISSIOPgf3 g Attesti KEVIN MADOK, Clerk OF MONROE C RIDA;,; - 'J a By: By: As Deputy Clerk N14or HWer Carruthers IMOWOE COUNTY A NEY AS TO . Page 6 of 6 R,JR MOM Packet Pg. 2959 Kevin Madok, CRA . Clerk of the Circuit Court& Comptroller—Monroe County, Florida June 18,2020 Department of State Administrative Code& Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, U Attached is an electronic copy of Ordinance No. 014-2020 an uneodified Ordinance by the Board of County Commissioners of Monroe County, Florida to mandate that individuals wear a face covering in public in certain circumstances; establishing a minimum county-wide requirement, except to the extent of a municipal ordinance in conflict; providing for severabiiity; providing for repeal of all ordinances inconsistent herewith; providing for transmittal to the secretary of state and providing for an effective and sunset date. N This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session,on June 17, 2020. Should you have any questions please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok,CPA,Clerk of the Circuit Court& Comptroller& CD ex-officio to the Monroe County Board of County Commissioners 0 0 by:Pamela G. Hancock, D.C. Cr CD cv CD cv d 0 CC' Emergency Management 0 County Attorney MunicCode BOCc File m 0 KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4541 305-289-6027 305-852-7145 305 Packet Pg. 2960 FLORIDA DEPARTMENT 0 STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State 0) June 18, 2020 U 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. 014-2020, which was filed in this office on June 18, t) 2020. Sincerely, rr cv Ernest L. Reddick Program Administrator ELR/lb z R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Packet Pg. 2961 Q.1.f Pamela G. Hancock From: Ords Admin <ords@municode.com> Sent: Friday, June 19, 2020 6:38 AM To: Pamela G. Hancock Subject: RE: Monroe County, FL Code of Ordinances - 2008(14298) OrdBank Follow Up Flag: Follow up Flag Status: Flagged 0 We have received your file. Thank you and have a nice day. 76 Ords Administrator 0 ords@municode.com 1-800-262-2633 P.O. Box 2235 Tallahassee, FL 32316 cv 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:Thursday,June 18, 2020 2:04 PM To: State of Florida <County0rdinances@dos.myflorida.com> Cc:Amanda Leggett<leggett-amanda@monroecounty-fl.gov>; Carol Schreck<boccdis3@monroecounty-fl.gov>; Katie Atkins<Atkins-Katherine@monroecounty-fl.gov>; Lindsey Ballard <Ballard-Lindsey@monroecounty-fl.gov>; Ords Admin 0 <ords@municode.com>; Susie Ptomey<boccdis5@monroecounty-fl.gov>;Tamara Lamarche (boccdis4@monroecounty- fl.gov) <boccdis4@monroecounty-fl.gov>; 'Luttazi-alary@monroecounty-fl.gov' <Luttazi-alary@monroecounty-fl.gov>; Weiner-Shannon <Weiner-Shannon@ Mon roeCounty-FL.Gov>; Kathy Peters (Peters-Katherine@monroecounty-fl.gov) <Peters-Katherine@monroecounty-fl.gov>;Yongue-Liz<Yongue-Liz@MonroeCounty-FL.Gov> Cr Subject: Ordinance No. 014-2020 cv Sender Full Name: Pamela G. Hancock Sender Phone Number: (305) 292-3550 County Name: Monroe d Ordinance Number: 2020-014 atie, .ti Pamela G. Hancock Deputy Clerk t Kevin Madok, CPA Clerk of the Circuit Court& Comptroller 500 Whitehead St, Key West, FL, 33040 1 Packet Pg. 2962 A§rMLEN ' FT rN The Florida Keys Only Daily Newspaper, Est, 1876 PO Box 180t7 Key West FL 33041 P:P05)292.7777 ext.219 F.(306)295-8025 uj legais@keys,news.com W Rs`c" 1.1t Ch MONROE CO ADMIN1BCCC �i..��� 9 ��� �, 0) THE HISTORIC GATC BUILDING 1100 SIMONTON ST SUITE - 0 � KEY WEST FL 3304 U G Account; 143331 Ticket: 346295 PUBLISHER'S AFFIDAVIT ' STATE OF FLORIDA AMENDED NOTICE OF INTENTION TO that appears at the bottom of YIIIdTY F IIII{7 NRtJE CONSIDER ADOPTION OF COUNTY the Zoom webinar screed to be U ORDINANCE recognized by the meeting mon" itor, NOTICE IS HEREBY GIVEN TO WHOM IT G Be re th UndersigRed authority personally appeared MAY CONCERN that on June 17,2020 at The meting monitorlhost will re- 1:30 RM,or as soon thereafter as may quest the item 4 you wish to speak on be heard,the Board of County Commis- and enable our participation when who on oath says that he or she is sioners of Monroe County, Florida, in- the Mayor calls for public speakers on M tends to consider the adoption of the your item.To report problems with the following County ordinance: broadcast,please call(305)872-8831. CL of the Key West Citizen, a daily newsy AN ORDINANCE BY THE BOARD OF A person may submit written or other W paper published in ey West, nroe County, Florida'that the attached Copy COUNTY COMMISSIONERS OF MON- physical evidence on a particular agen_ cV ROE COUNTY, FLORIDA MANDATING da'item for consideration at the BOCC of advertisment,being a leg otice in the matter of AMENDED NOTICE OF THAT INDIVIDUALS WEAR A FACE COV- meeting to Lindsey Ballard via email to: r INTENTION was published i said newspaper in the issues of: ERING IN PUBLIC IS CERTAIN INI UM l r STANCES,: ESTABLISHING A MINIMUM or by mall to;The County Adnrinistra- COUNTY-WIDE REQUIREMENT EXCEPT tor's Office,1100 Simonton Street,Key C) Friday, tune 12, CI t) TO THE EXTENT OF A MUNICIPAL OR. west,FL 33040. The documents must DINANCE IN CONFLICT;PROVIDING FOR be received by 3:00 p.m.on Monday, ca SEVERABILITY,PROVIDING FOR EFFEC- tune t5,2R20and must include the sub- TIVE AND SUNSET DATES. miter's name,address,phone number i Afflant further saysthat the Key West Citizen is a newspaper published in Key and email address and the agenda item a y Pursuant to Executive Order dVa�, 19- number the documents are regarding. Vilest in said Monroe County, Florida and that the said newspapers has hereto- 69(extended by Executive Orders No. Pursuant to Section 286,0105, Florida fore been continuously published in said Monroe County, Florida every day,and 1I1 and 2p 13s), Monroe County Statutes,notice is given that n a peeson Emergency Directive 20-06, and the decides to appeal any decision made by has been entered as periodicals matter at the post office in Key West, in said Center for Disease Control{'CDC) so- the Board with respect to any matter Monroe County, Florida, for a period of'I year next preceding the first publication cial dstancing guidelines established considered at such hearings or meet to contain the spread of the COVID 19 ings,he will need a record of the pro- of the attached Copy of advertisement;and affiant further says that he or she has virus, this meeting will be conducted ceedings, and that, for such purpose, 'Ia, neither paid nor promised any person,firm or corporation any discount,rebate, via Communication Media Technology he may need to ensure that a verba. commission or refund for the purpose of securing this advertisement for publica iCMT')using a zoom webinar plat. tim record of the proceedings is made, form llwww monroecaunty fl which record lnc€odes the testimony Lion in the said news er, rsc etinolune17. and evidence upon which the appeal is - to be based, U The public is strongly encouraged to watch the meeting on Monroe Coun- ADA.ASSISTANCE:1#yyoou are a person — ty's MCTV Comcast Channel 76 or lis- with a disability wllo needs special � (Signature of Affiant) ten to audio only from their phone by accommodations in order to partici � dialing (646) 518-98 5 or (669) 9 7- pate in this proceeding,please contact cD and !bed before me this t th day of.tune 2020 6833 and,when prompted„enter the the County Adminktrator'S Office, by webinar IDO 976 4888 7338 followed phoning 005}292.4441, between the CD Z6y the key. hears of 8:30 a,ei -S 00 p.m.,prior to j the scheduled meetin ,if you are hear- r o ib i nat �syaas rz by w ..h h tyF'' r rig or voice arripalrerf tali "T11".LiveCD ha visit tines t e Coon s meeting Closed Captioninrg is avarlatile via our portal htto llmonroecounty l' - we portal hfta5'llmonroerour tva G oyaCitizenslDefault,asoilandseleetin fliom2.conlLiti erssdl?efairltasrx for 2� _. the"watch Live"banner to view wrt meetings of the Monroe County Board (Notary Publ' Printed Na 'a) Notary live closed captioning on ors integrated of County Coinmr`sxacrraers. page that includes tlhte agendalagenda 7r"JIM backup. 17ated at Key west,Florida,this 8th day My commission expires of June,2020. — — n m KEVIN MADOK, Clerk of cicalae item rsrsths=oublicoortlan o the the Circuit Court and ex off do Clerk of agendaOD when the meeting host ancfl the Board of County Commissioners of Personally Known Produced Identification or the Mayor calls for speakers on the Monroe County,Florida item you wish to comment on; 06112/20 Key west Citizen Type of Identification Produced a) nsn -in: dial *9 to "raise your han "to be recognized by the Zoom webinar monitor. Life-b1 q ytatchino the meebtt line:click orslopen the live Zoom CD webinar link bJUL2waw.mDn- roecounty fl govlBoccMeet- in Jug_ne17 that appears in froth the published Agenda and Agen- da Packet. when prompted,en- ter your email address and name to join the webinar and then se, Packet P 2963 lest the "Raised Hand" feature 9 Coat&for biseese Contrtal k"'00 W r,fal dlncing gutdelar ,established to contain the,sprepd of the CCtglff-19 virus, this meet unrg',vvull be orto t I via Communication Media Technology I'CMT"l using a Zoom webilnar platy I form 0 bugIrt.rrrrtrraaa�r�tu-l� I goufBoco;�rieetIT.�• in The publpc Is hglT,tn mmaged to watch the meriting ctn Nl aivire tmm� v' s IM1CTV Cotten<CbertniN g or lb- cB ten to audio only from their phone by � dialing IEdEI SM9005 or,(BEE) BCIBn E833 and when pir6mpvo, O r the a)W041nar 104 97E 4888i lo4lo td > by the#key, The public:cart watch the oteatma btrp by visiting the Caunty`s meeting portal 0r E; ,od select!n the'Watch LWe'°banner to view Mfg Ilve closed captionm on an integrmed ' page that lncluades t o agenclaeagends Iaackup, ff-a ticu ar Ntenl on ft P!lc am men, on p drhen the meetmg host and) or the f�Idyor calls For spec, ers on the Item you whh to comment one, F a)'I 1p dll vg to ""raise yrsn 'to be recognized by � the Zoom' eblrlarrrtonnor, CL bl if watchlna ihp_MVW9,lint dick enlopin thue Nacre Zoom weolnar Imi; yPgo��Pti��- C44 r R 14 a,pears to br�tfl IN llsherf Agenda and Agen- da tcke'' lfalfren prcrmple' en- ter V?U e U lnajj adufrrss aril rrarno to fen the uveblnar and then se- U 1Oct,the "Rated Hand"feature that appears at the olittm Of the Zoom webin*scrrieo to b re cognlaed by;the meeting mom [tor, j l The meeting monitodhost w0l re- I rluest the here Ir you wish try speak on and enable your participatlaan wvtren fJ the Mayor calls for public spa keys vac , 1 our lten,Try report problems with the roadcast,;pease call(Bfl)E7B31, A person may submit,written or other � physical evidence on a particular agen- da Item for consideration at the ROCC � meatrng'trt Lindsey Bjllard v)a ofall to.} Nyaflard-I�dsevrn�droecrorantu�fV � � or Icy mel[to:The lttrrty Adrralnlstra- tor"s o flNoo,1I114 tlrtuonton vtreet"Key West,Ft TdR. The documents must Qy be receiur by 3AI ptm.on Mondiay, June 15, 020andmustNntludethe5nh � mltter"s n m ,Address,phone number tV and email addrest and the agenda item CD number the documents are re, arding. N Pursuant to Section 286.010S,'Florida ' r„ tatrltvs notice Is given that If a,person � €l OM.to appeal any dec ion shade by AMENDED NOTICE OF INTENTION TO the Board with respett to any matter CONSIDER ADOPTION OF COUNTY considered at such hearings or meet- ORLIINANNCE ings,he svilM need a l crord`of thus pro ceedings, and that;for such purposed NOTICE IS HEREBY GIVEN TN WHOM IT 'he may need To arts ure that a veeba- , MAY CONCERN that on une 17,21R2t1 at tlrrr record of ttre„roleetfln s N�made. � 1.30 P.M,,or as soon thereafter gas may Which recorif lN�c.trtl4� fih� t Into,ny± he heard,the hoard of County Cornmis and evidence upon which'the appeal Is sinners pf Nwlonroe County,Florida, In= to be based. Ienaly to consider the adoption of the �tl���LmTAIWCEr If rani are a arson followld Coavraty ordlnance; p r" a d dlty wy ne T;V' eclo at AN NA"V1 i C`E THE ROARO OF aceornrnndafilons.rn 4 or"le parTlruw E C kI Tr CO M1N ISSI NIM'S OF Mehl- pate an this prnteotflPg.please contact ROE f°t" FIG?fil A 1Cu T1t�G the County +dnzan trotcir' Offf , by t� "T1 T 1 i Tpltor dnaO 451 9 �1,bey en theE"A ttt4ININ NC f1N CERTAIN CNRCtt dl hours of R,°3t1 a.mr _ p,rn„prior to STANCTSr'E71IBLlglflfL A Nt1INl1LIM the soherloflesdrneetdra °r3yraraare Oear Q Ct1UNW ppl1UE REr lllftEPfENT E CEFT +rig or vofye Nrrrpalre call''F I I .live TO THE EXTENT Of A MUNICIPAL OR- Clased Captsnrainrg Is available via our DWANCE IN CONFLKP PROVI'DING FOR web portal @ hrtocllmonroecuu n SU ABILiTY;PROVIDING FOR EFFEC Ad tr ors kom for TI`srE AND SUNSET DATES. Pursuant to Executive Girder No 20- � EB(eytended by Executive Onlers Nm � A i�� ,a'or I 1 tl 0 r ) to06, Co anfy Packet P9. 2964 ErneMency PfrertI 20 gE and the EY F The Florida Keys Only Bally Newspaper,Est, 187 PO Box 18i3U,Key West FL 33 741 P:(305)292-7777 ext.219 F:(345)295-8025 N legals@keysnews.com W PI C E I@lI:::I` IVONROE CO ADMIN/BOCC THE HISTORICATO BUILDINGJUN ' 9 '0?.0 E 1100 SIMONTON ST SUITE2-205 KEY WEST FL 33040 M,,C])N1la 01-, '7.,;.1,.1 , W q V Account: 143331 Ticket 345372 r PUBLISHER'S AFFIDAVIT STATE OF FLORIDA DTI NQIICE OF INTE FI 1DER ; NOTICE IS HERESY GIVEN TO WHOM U Al]QIrTIf4N OF CCIUIWTY QRIIANCE COUNTY OF MONROE MAY CONCERN that on June 17,20; NOTICE 15 HEREBY GIVEN TO WHOM IT at 1;30 RM,,or 4s soon thereafter i MAY CONCERN that on June 17,2020 1 may be board„in the Murray E.NeIse Before the undersign authority personally appeared at 1:30 RIVE., or as socm thereafter as Goveniirient Contor, 1828SO,Overse may heard,in the Murre�r E.Nelson HIShway,Key tarp Mp. � fadnt .� Government Center, lo;z 3 Overseas F d �° f ' , f wlao on oath ays that he or she is hlighway,Key Largo, Monroe County, adders of t�top o°oe Coon ;'flora t II trends to consider the adriTiticin tt M CC k4 Florida,the Board of Court Commis- sioners of Monroe County, loricia,in of the Key West Citizen, a daily tends to consider the adoption of the AN ORDINANCE BY THE BOARD t W following County ordinance. COUNTY COMMISSIONERS of 'MOI tV newspaper p blishe in Key st, in Monroe County Florida that the attached ROF CoIUNTY, FLORIDA NIANDATIP � copy of adVertisrn nt,being a legal ntltiCe inthe matter of Ordinance 6.17 was AN ORDINANCE BY THE BOARD of THAT INDIVIDUALS WEAR A FACE COCCOUNTY COMMISSIONERS OF MON- CRING IN PUBLIC'IN CERTAIN Ct CL1R published in said newspaper in the issues of: ROE COUNTY, FLORIDA MANDATING STANCES, ESTABLISHING A MINIMU THAT INDIVIDUALS WEAR A FACE COV- Coul`OVs UE RBQLlIRI NTIS E EItCEI fJ ERING IN PUBLIC IN CERTAIN CIRCUM- TO THE E EN'r OF A MUNICIPAL U C) Wednesday,,dune 3 2020 STANCE5; ESTABLISHING A MINIMUM DINANCkINCf71NF P I,plI FC COUNTY-WIDE REQUIREMENT EXCEPT SEVER RIU21', 'pyI' I `n` ,,OFF TO THE EXTENT OF A MUNICIPAL OR- TTKANL7 SIINSFI AIE a.,c , DINANCE IN CONFLICT;PROVIDING FOR �+ Affiant further says that the Key West Citizen is a newspaper published in Key TivE AND LITY;PROVIDING F EFFEc- West, in said Monroe County, Florida and that the said newspapers has hereto- i i Trsu nt to Set Iftt „b1d, Fltar fare been continuously published In said Monroe County, Florida every day,and Pursuant to Section 286.0105, Florida Statutes,notice fsIgIverrt�hat,Wit pen Statutes,notice is given that if a person I docides try appeasl aorycl ision made U has been entered as periodicals matter at the post office in Key West, in said decidesto appeal any decision made by the Board wvith,respect to any coat Monroe County, Florida,for a period of 1 year next preceding the first publication the Board with respect to any matter considered at such,heariis or nv of the attached co of advertisement,and affiant further says that he or she has considered at such record o or rrpro. reedgis,lie, a need a for recor of the o copy Y ings,he i+w`stl need a record of the pro.. ceedipgse and that,for such p�urpra neither paid nor promised any person,firm or corporation any discount, rebate, ceedings, and that,for such purpose, he may Lived 10 ensure that a ved commission or refund for the purpose of securing this advertisement for ublica- he may need to ensues that a veriza tiro record of the roceedings is mai o p p tiro record of the proceedings is made, wvhich record inc udes the testirnc U tion in the S id news which retard includes the testirnony and evidence upon which the appea and evidence upon which the appeal is to be based, to be based. AI7A rSrSTretfyCE:`rf wnu are a pars ADA ASSISTANCE:If you are a,person with a disability who nee& sped (Si ature f Afflant) with a disability who needs special accommodations In order to parti 2 the County Administrators Office, by ( d dRft �sr�rs epp� c� accommodations in order to partid- p P 9 please coact Af rrn d did su scri d before me this 4th day of June 2020 ,pate in this proceedins3,please contact ph�rliti � phor mg (305)292-4441, between the cv ra t` hours of 8.30 a.m.-5:00 m., no tat or th�Ft lrwe t5�r�lenrtar days pf or = w er than five(5)calendar days prior to the schedirletl m etlrr ;elf a arehe, C" (Pfota ublic ignatUr the scheduledmeetr"rag,rfyouareh€ar n7orvoceImp4rre Cal 7111, Li t Chvaseed Cap orplrlp is available via Q 0 wswitaw rag or voice impair call'711". lives b poi cal (p r asanr let irptr j r [. Closed'Captioning is available via our r : -- I for meetings of the web Port unttvf, MSsa� n (Notary u lac Printed Name) tot etgoe Mon- me County bard fCountyCc for me mm 5mners. roe County Board of County Commis- p sioners. Dated at Key West, Florida,this 28 My commission expires day of Iw1ayBp. Dated at Key West, Florida,. this 28th KEVIN MAt2OK, Clerk day of May,2020. the Circuit Court and ex off rxo Clerk' KEVIN MADDK, Clerk of the Board tO County Commissioners � Personally Known Produced identification -� the Circuit Court and ex officio Clerk of Mona County,Florida the Board of County Commissioners of IU 300 Key West Citizen' 0) Monroe County,Florida E Type of Identification Produced _ 06103120 Key West Citizen Packet Pg. 2965 Q.1.f M Td L INTENTION, T RECEIVED ONSO �, foH r C01AfYb#001AbKF NORE" OMBNto lT t JUN 6 202 x is on tune 17, d 0 at 1.30P W or as soon thereafter as may K Ly be heard,Fnthe MurrayF- MONROE t. x{Ii.ITY A r_RNE. tteNon Government renter in ID20so Overseas'Hdg way, � fey L r o,Monroe County, y Florida,tiro Board of County tB Published Weekly CommissionersnfMonrue s to E Marathon,Monroe County,Florida Count dttheadlnternoft y srnsiidyer the adoption of the 'followountyorddnanee. > A003ANCE BY THV PROOF OF PUBLICATION _ tliF FaYll SF NEftsOFMONW100owy, 0- STATE OF FLORIDA FLORM&MANDATING TH1&T IMW3151 WEAR A FACE COUNTY OF MOLAR E COVIERINGjNPUBUCIN Before the undersigned authority tST iR IFF tJlwisT L1411mum C1 personally appeared JASON KOLER who REMWa on oath, says that he is PUBLISHER of l I Ct OF the WEEKLY NEWSPAPERS, a weekly IN published newspaper a in Marathon, in FFFLFFdliTfi ' p P 4 frRNpF� RFE�NVt 0 Monroe County, Florida: that the AwlrsttNsi IrEs attached' co of advertisement was �ursuanttrksertlon2ds .pit3s, -� copy Florida statut ,+ dce� � published in said newspaper in the given that Ifapersonde"cldes de issues of:(date(s)of publication) 6yt ����r Ithrr sped CL = to any matter considered at such heapcw�s or meotin , CD !` he Will need a record of t, N proceedings,and'that for h such purpose,he ay need r to ensure that a vertd record of the proceedings is Ca Affiant further says that the said WEEKLY made,which record includes tJ e 0 NEWSPAPERS is a newspaper published upon,testiis appony and eal Ist at Marathon, in said Monroe County, beLbaSed, Florida,and that the said newspaper has fficE if you area person with heretofore been continuously published ar1'ls iiltywrhoneeds sFteci l oc ommodations in In said Monroe County, Florida, once order tojjaarrtiqlnate in this each week (on Thursday) and has been promeing pleasecohtarf t� ibeCourtty Adrmnsuator's qualified as a second class mail matter at office,by. iscinrig.[30si the post office in Marathon In Monroe g1aeFwfearativehrsurs P � County, Florida,for a period of one year leterttrer�flve fslcalerrdar > days prior tao the scheduded 0 next preceding the first publication of me 04u IfyouareheariN, Livse Elos Captioning is, the attached copy of advertisement.Thervoiceuaired,raiittg. affiant further says that he has neither availa'lale via our web portal http'IfnrtFl rr aid nor promised any person, firm, or tgricrnformeetingsrf 2 corporation any discount, rebate, the Monroe County Board CD commission or refund for the ur ose of ottrauat 41y' eIsr(FlOd a N p p oaten t lFey hest,Flr�rida„this CD securing this advertisement for 20 d oft , g g. at v1R *00, clerit of tie publication in the said newspaper(s)and Circuit oUtt that The Weekly Newspapers is--Fn.--in-full and ex officyo i:ierir ofthe Board c,Q tA(jcg wdfh. Chapter 50 of the of County z Comm-I Fonelrs of(Monroe � Florida State Stat �m.Li9a1.A. r� auntFlo�a o Official Advertis M n Publish, The Weekly Newspapers S n and subscribed before me t is d of 2fl2fl. * ` CHARLOTTE Hf;USKA � l {S E y OMMISSION#GG 221835 a : EXPIRES:Se ber 1,2022 0 s (� + P �Y.{F+` z Urdervd ai's a•a a Notary Packet Pg. 2966 e i . Yf4 t f._ / �4 Pr � 5 � °iL fnn, s , tm Is CL ° ' N MSI l54 �k "" � lb —44 �! , M No 00 U CD �� �� g a 7 � o a mo rr s ? 1 ! cr CA le 85 Er e Ln R Ell A " [ ^ 4 = � , y 9, no y � " � , 5 ~� CD uo O _ 's „ � . CL rl riq zru rp o E CL PI � � GJ� rD fig' Is " Packet Pg. 2968 A public hearing to consider amendments to Ordinance No. 024-2020 (amended mask ord... Page 1 of 2 ® ©� Monroe County FL A ends Item o- A public hearing to consider amendments to Ordinance i ■ mask ordinance adopted 7/21/2020) and Ordinance 024-2020 (amended 025-2020 (closures/alcohol ban during lobster mini season as adopted 7/27/20) in response to ®19 pandemic. Information Department: County Attorney's Sponsors: Office Category: Public Hearing 1:30 PM PrintoutAttachments penaltiesOrdinance No. 025-2020 amending Ord 023-2020 closures alcohol sales ban BOCC 7 27 20 (1-11) Ordinance No. 024-2020 amending Ord No 022-2020 req face covering adopted 7 21 20 (C-1) Notice of Intention to Consider Adoption of County Ord re COVID 19 Ordinance Nos. 024-2020 (face covering) and 025-2020 (closures/ban on alcohol sales) Emergency Ordinance No. 023-2020 mini season curfew alcohol ban BOCC 7 15 20 (P12) Ordinance No. 022-2020 amending Ordinance No. 014-2020 req face coverings, adding crininal Fiscal Impact n/a Staff Recommendation N/A Discussion Add Comment fia Please takne in a consideration to amend the current closure of establishments from 11pm to 12midnight. This ectrda hour can be very lucrative to those in the service industry and the business owners alike. For the record, im for full closure. But if we are going to be open, lets reward good behavior with an olive branch to try and get this community to unite more. The impact that this hour increase would have on the economy of Key West would be fairly large. Im not sure the health risk would increase. And if it did, reversuon to 11pm would be reasonable Of course i defer to county health department opinions on this matter. Thank you for all you do. Jesse Posted by Jesse Wagner 11 days ago http://monroecountyfl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=7175&Print=Yes 8/31/2020 A public hearing to consider amendments to Ordinance No. 024-2020 (amended mask ord... Page 2 of 2 VIEWING TIPS: The "Agenda Packet" is published in a bookmarked .pdf format and is best viewed using Internet Explorer. If using Google Chrome to view the "Agenda Packet", oftentimes Chrome's PDF Viiewer will not allow a bookmarked view of the agenda packet but rather a run-on page-after-page view of the agenda and agenda backup. To view the bookmarked agenda packet normally in Google Chrome, you will need to disable the Chrome PDF Viewer and change the settings on your device to open PDF files in Adobe Reader. http://monroecountyfl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=7175&Print=Yes 8/31/2020