Ordinance 032-2020 ORDINANCE NO. 032 - 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 AS AMENDED BY
ORDINANCE 024-2020 AS AMENDED BY ORDINANCE 026-
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 DISPOSITION OF FINES BY THE CLERK;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR TRANSMITTAL TO THE
SECRETARY OF STATE AND PROVIDING FOR AN
EFFECTIVE AND SUNSET DATE.
WHEREAS,the Board of County Commissioners of Monroe County,Florida(hereinafter
"Board") finds that COVID-19 presents a danger to the health, safety, and welfare of the public;
and
WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads
mainly from person to person through respiratory droplets produced when an infected person
coughs, sneezes, or talks; these droplets can land in the mouths or noses of people who are nearby
or possibly be inhaled into the lungs; and studies and evidence on infection control report that
these droplets usually travel around 6 feet(about two arms lengths); and
WHEREAS, the CDC advises that a significant portion of individuals with coronavirus
lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre-
symptomatic") can transmit the virus to others before showing symptoms. This means that the
virus can spread between people interacting in close proximity—for example,speaking, coughing,
or sneezing—even if those people are not exhibiting symptoms; and
WHEREAS, the CDC recommends wearing cloth face coverings in public settings where
other social distancing measures are difficult to maintain in order to slow the spread of the virus
and help people who may have the virus and do not know it from transmitting it to others; and
WHEREAS,the CDC does not recommend wearing cloth face covering for children under
the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise
unable to remove the mask without assistance; and
WHEREAS, the CDC recommends only simple cloth face coverings for the general
population and not surgical masks or N-95 respirators because these are critical supplies that must
continue to be reserved for healthcare workers and other medical first responders; and
Page 1 of 8
WHEREAS, cloth face coverings are relatively inexpensive and readily available as the
CDC states they can be made from household items and provides online guidance for making"do-
it-yourself'coverings for people that cannot or do not want to buy one from the increasing sources
producing and selling coverings; and
WHEREAS, the Board finds it is in the best interest of public health, safety and welfare
of the residents and workers of, and visitors to, the Florida Keys to require suitable face coverings
in public locations to slow the spread of COVID-19; and
WHEREAS, the Board finds the inconvenience of an ordinance requiring the use of face
coverings or other suitable face coverings is minimal compared to the risk to the health, safety,
and welfare of the community were no such rule imposed; and
WHEREAS, the Board finds implementation of this ordinance is necessary for the
preservation of the health, safety, and welfare of the community; and
WHEREAS,Section 1(t) of Article VIII of the Florida Constitution vests the Board with
the authority to enact ordinances having countywide effect that are not inconsistent with state law,
provided that such ordinance shall not be effective within a municipality that has adopted an
ordinance in conflict with the County ordinance, to the extent of such conflict; and
WHEREAS, the State of Florida has not preempted local governments from regulating in
the field of minimum health requirements with respect to COVID-19; and
WHEREAS, the County's Emergency Management Director has issued interim rules
requiring the use of face coverings pursuant to the authority vested in her by Section 11-3 of the
County Code that are enforceable as misdemeanors by law enforcement through F.S. 252.47 and
F.S. 252.50; and
WHEREAS, adopting regulations via ordinance would permit additional enforcement
options through code compliance and injunctive relief; and
WHEREAS, 28 C.F.R. 36.208, the implementing regulations for the Americans with
Disabilities Act states that the ADA does not require a public accommodation to permit an
individual to participate in or benefit from the goods, services, facilities, privileges, advantages
-and accommodations of that public accommodation when that individual poses a direct threat to
the health or safety of others; and customers with disabilities who may be unable, due to their
disability, to wear a face mask may access the goods and services of the businesses through the
provisions of curbside service or home delivery; and
WHEREAS, the Third District Court of Appeal has defined the term business
establishment for purposes of tort liability to mean "a location where business is conducted, goods
are made or stored or processed or where services are rendered." Publix Supermarkets, Inc. v.
Santos, 118 So.3d 317 (Fla. 3d DCA 2013); and
Page 2 of 8
WHEREAS, the Florida Legislature has defined the term "transient public lodging
establishment" to mean "any unit,group of units,dwelling,building,or group of buildings within
a single complex of buildings which is rented to guests more than three times in a calendar year
for a period of less than 30 days or 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)l; 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
WHEREAS, the Florida Legislature has stated that "(s]afeguarding the life and property
of its citizens is an innate responsibility of the governing body of each political subdivision of the
state" such as Monroe County and its five municipalities;F.S. 252.38;and
WHEREAS,F.S. 162.21(5)(c)requires that the Board set an amount that a person issued
a citation must pay in lieu of contesting a citation; and
WHEREAS, the Board finds that $250 is a reasonable amount to impose as a fine on a
person who does not wish to contest a citation; and
WHEREAS, the Board finds it necessary to clarify the ordinance to make it clear that a
business operator, employee, or customer must wear a face covering while inside of any portion
of a business establishment that is open to the public,except as specified; and
WHEREAS,the Board finds it necessary to direct the Clerk to deposit any fines collected
into the account for the General Purposes Municipal Service Taxing Unit, FUND 148, less any
statutory fees due to the Clerk;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Ordinance No. 026-2020 is hereby amended as follows:
SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings.
Page 3 of 8
SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as
follows:
(1) Face Covering. A"face covering" is a material that covers the nose and mouth.
It can he secured to the head with ties or straps or simply wrapped around the
lower face. It can he made of a variety of materials,such as cotton.silk,or linen.
A cloth face covering may he factory-made or sewn by hand. or can he
improvised from household items.
(2) Business establishment. A "business establishment" means a location where
any business is conducted, goods are made or stored or processed or where
services are rendered. The term "business establishment" also includes
locations where non-profit, governmental, and quasi-governmental entities
facilitate public interactions and conduct business. The term shall include the
entire premises of the business establishment, whether owned or leased,
regardless of whether indoors or outdoors. The term does not include
educational institutions operating within Monroe County, which have adopted
their own protocols.
(3) Lodging establishment. A `lodging establishment" shall have the same
meaning as the term "transient public lodging establishment" has in F.S.
509.013(4)(a)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.
SECTION 3. Recommended standards of conduct.
(1) Vulnerable Populations. Individuals older than 65 years of age and
individuals with a serious underlying medical condition (such as chronic
lung disease,moderate-to-severe asthma, serious heart conditions, immune-
compromised status, cancer, diabetes, severe obesity, renal failure, liver
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.
Page 4 of 8
SECTION 4. Mandatory requirements.
(I) Except as provided for in paragraph (4) of this Section, every person over
the age of six (6) who is away from his or her residence shall wear a face
covering when closer than 6 feet to another person with whom he or she
does not reside
(2) Every person over the age of six (6) who is away from his or her residence
shall carry a face covering capable of immediate use.
(3) Each operator shall establish rules for that business establishment that
encourages social distancing, hand washing, and other protective measures
for customers and employees based upon guidelines provided by the
Centers of Disease Control and the State Department of Health.
(4) An operator, manager, employee, customer or patron of a business
establishment must wear a face covering while inside of any portion of that
business establishment that is open to the public. The requirements of this
paragraph do not apply to:
a. Restaurant customers or patrons while dining and/or consuming
beverages while seated at a table.
b. A gym patron engaged in a workout or class where at least 6 feet
of distancing exists with the next closest patron.
c. Barbershop or beauty salon customers or patrons when wearing
a face covering would reasonably interfere with receiving
services.
d. Business operators and employees who are in an area of a
business establishment that is not open to customers, patrons, or
the public, provided that 6 feet of distance exists between
employees. When an operator or employee is in their place of
employment but not within 6 feet of another person, that
operator or employee does not need to wear a facial covering.
This exception does not apply to operators and employees who
are present in the kitchen or other food and beverage
preparation area of a restaurant or food establishment.
e. Bar patrons while seated and consuming beverages and/or food.
f. A lodging establishment guest when inside of the lodging unit
including but not limited to a hotel room, motel room, vacation
rental unit, timeshare unit, or similar unit.
g. Participants in public meetings held pursuant to P.S. 286.011,
provided that the participant without a face covering is engaged
in social distancing.
(5) An operator and/or employee of a business or lodging establishment shall
ensure that every individual in that establishment complies with this section.
Page 5 of 8
(6) When a customer of a business establishment asserts that he or she has a
disability that prevents the individual from wearing a mask or facial
covering, the operator or employee of the business establishment may
exclude the individual, even if they have a disability, as they pose a direct
threat to the health and safety of employees and other customers when not
wearing a facial covering, even if asymptomatic, and shall accommodate
the disabled individual in a manner that does not fundamentally alter the
operations of the business establishment nor jeopardize the health of that
business's employees and other customers, such as providing curb service
or delivery or other reasonable accommodation.
SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the
following manner:
(I) 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 l6'h Judicial Circuit.
b. A person found in violation may be punished by up to 60 days
in the County jail and/or a fine of up to $500. Each day a
violation of this ordinance occurs is considered a separate
offense.
(2) Civil Citation.
a. A county or municipal code compliance or county, municipal,
or state law enforcement officer may, upon observation of a
violation by a person who does not immediately put on a face
covering after receiving a warning, issue a notice to appear or
civil citation to appear in County Court.
b. Any person or business establishment prosecuted under this
subsection and found in violation of this ordinance may be
punished by a fine of up to $500.00.
c. If a person issued a citation does not wish to contest the
violation, that person may pay a fine of $250 to the Clerk of
Court in lieu of contesting the citation.
(3) Administrative Notice of Violation.
a. A county or municipal code compliance officer may, upon
discovery of a violation by a person who does not immediately
put on a face covering after receiving a warning, issue a notice
of violation and notice to appear before the Code Compliance
board or special magistrate of that officer's jurisdiction.
Page 6 of 8
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 16th 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 16th Judicial Circuit to enforce
violations of this section against a violator. Attorney's fees and
costs incurred in an action to enforce this ordinance may be awarded
to the substantially prevailing party at the discretion of the court.
(6) Defenses. An owner, manager, and/or employee of a business
establishment shall not be liable in any enforcement action taken
under this section for the violations of a guest, customer, and/or
patron if that owner, manager, and/or employee directed that guest,
customer, and/or patron who refuses to wear a face covering to
vacate the premises or face prosecution of trespass.
SECTION 6. Disposition of fines. The Clerk is directed to deposit any fines collected into FUND
148 —Code Compliance, under the General Purposes Municipal Taxing Unit for unincorporated
Monroe County,less the 10% fee required by statute.
SECTION 7. 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 8. Applicability and Conflict. This ordinance is intended to have countywide
application except within a municipality which has adopted an ordinance in conflict this this
ordinance pursuant to Article VIII, Section I of the Florida Constitution. All County ordinances
or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said
conflict.
SECTION 9. Effective Date. This Ordinance shall take immediate effect upon adoption and
shall be filed with the Department of State.
SECTION 10. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this
ordinance shall sunset on June I, 2021, subject to quarterly review.
Page 7 of 8
SECTION 11. Codification. Due to the temporary nature of this ordinance, the Board directs the
Clerk to send the ordinance to the Municipal Code for publication on its website but with
instructions to not codify the ordinance within the Monroe County Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 16th day of September, 2020.
Mayor Heather Carruthers Yes
..�.�„ Mayor Pro Tern Michelle Coldiron Yes
Commissioner Craig Cates Yes
= es
Commissioner David Rice Yes
a{ ,' Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
. KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
By: �iwv." 4Lin'tBy:
As Deputy Clerk Ma or H her Carruthers
o co a
U
ct °" '$ MONROE C AUNTY ATTORNEY
rr 'i. APPR TO FO
o N i4_
LYp U -) R B.S LINGER JR i
. 2 f Da
Page 8 of 8
RECEIVEDKEY,WENST
SEP 1 0 ZUZU
ATTORNEY The Florida Keys Only Daily Newspaper,Est. 1876
MONROE COUNTYPO Box 1800,Key WestFL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
IegalsRkeyanews.com
MONROE CO ADMIN/BOCC
THE HISTORIC GATO BUILDING
1100 SIMONTON ST SUITE 2-205
KEY WEST FL 33040
Account: 143331 Ticket: 354013
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTON TO CONSIDER or on the County's web portal 0 SLIM
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE monroecountvfL10m2&OMCitizensrDe-
fau . s. Simply select the 'Watch
NOTICE IS HEREBY GIVEN TO WHOM IT Live"banner to view the live meeting
authorityMAY CONCERN that on September 8, with live closed captioning on an inte-
Before the undersigned
personally appeared 2020 at 5:05 P.M.,or as soon thereafter grated page that includes the agenda
,Ak ^^ An---
may be heard,the Board of County and agenda backup.
IY\k C/'t P\t_— L_- .IDSCommissionersa,intendso olMoer ae optnnty flan they can
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newspaper published in Key West,in Monroe County, Florida;that the attached ORDINANCE NO 02fi-ZO pinta and httpea our streaming web
copy of advertisment,being a legal notice in the matter of ORDINANCE 9.16 was AN UNCODIFIED ORDINANCE BY THE NN�Bv htthl&Monrce-fLved catty,
Ub ahed in said newspaper in the issues of BOARD OF COUNTY COMMISSION-
PERS OF MONROE COUNTY, FLORIDA Citizens can listen to audio only from
AMENDING ORDINANCE NO.014-2020, their phone by dialing(646)518-9805
Wednesday,August 26, 2020 AS AMENDED BY ORDINANCE 022- or(669)900.6833 and when prompted,
2020 MD ORDINANCE 024-2020, TO enter the Webinar IDB 969 4044 1250
MANDATE THAT INDIVIDUALS WEAR followed by the 4 key.
A FACE COVERING IN PUBLIC IN CER-
TAIN further says that the KeyWest Citizen is a newspaper published in KeyTAIN CIRCUMSTANCES; ESTABLISHING The public an comment during the live
y A MINIMUM COUNTY-WIDE REQUIRE- Public Hearing either by phoning in or
West, in said Monroe County, Florida and that the said newspapers has hereto- MEM, EXCEPT TO THE EXTENT Of A by connecting to the live Zoom webi-
fore been continuously published in said Monroe County, Florida every day,and MUNICPAL ORDINANCE IN CONFLICT; nar link using the following insvuc-
PROVIDING FOR SEVERABILOY; PRO- Lions:
has been entered as periodicals matter at the post office in Key West, in said VIDING FOR REPEAL OF ALL ORDI-
Monroe County, Florida,for a period of I year next preceding the first publication NAMES INCONSISTENT HEREWFfH; a) To comment on an item by Mont
PROVIDING FOR of the attached copy of advertisement:and affiant further says that he or she has SECRETARY OF STATE AND PROVIDING 6833ITTAL TO THE Dial(anMq when prompte05 or d,e)nter
neither paid nor promised any person,firm or corporation any discount,rebate, FOR AN EFFECIWE AND SUNSET DATE, the Webinar ID#969 4844 1250
commission or refund for the purpose of securing this advertisement for publica- followed by the X key,then*9 to
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tiOOQ /7 lthesai ew deer. ORDINANCENO. 027-2020 nized by the Zoom webinar host.
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AUGUST 19,2020 AND ENDING AT 5 the item(s)you wish to comment
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S2 C s OF ALL ORDINANCES INCONSISTENT To report problems with the broadcast
Type of Identification Produced m f—n'. HEREWITH; PROVIDING FOR TRANS- or participation in the Thorn webinet
MMAL TO THE SECRETARY OF STATE please call(305)87241831.
2 e 02 7 AND PROVIDING FOR AN EFFECTIVE
C.,) ANDSUNSET DATE. Pursuant to Section 286.0105, Florida
Statutes,notice is given
ifgiven that if a person
N 0 lc The September 8,2020 Budget Meet- decides to appeal any decision made by
O
N ing of the Board of County Commis- the Board with respect to any matter
I�7 fa3 s' n of Monroe County,FL will be considered at such hearings or meet-
conducted nBN,. Te ducted a Communication Media ings,he will need a record of the pro-
IV 10 -1 Technology(-en using a Zoom We- ceedings, and that for such purpose,h
binar platform.The public is erongly he may need to ensure that a verba-
encouraged to watch the meeting on tim record of the proceedings thegs is made,
Monroe County's MCTV on Coma9 which record includes testimony
Channel 76, AT&T UVerse Channel 99 and evidence upon which the appeal Is
to be based.
ADA ASSISTANCE: If you are a person
with a disability who needs special
accommodations in order to partici-
pate in this proceeding, please contact
the County 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 hear-
ing or voice impaired, call "711". Live
Closed Captioning is available via our
web portal @ jmoJ/monroecounty-
O,iom2.com/Citizens/Default,asox for
meetings of the Monroe County Board
of County Commissioners.
Dated at Key West, Florida, this 21st
day of August,2020.
KEVIN MADOK, Clerk of
the Circuit Court and ex officio Clerk of
the Board of County Commissioners of
Monroe County,Flori
08/26/20 Key west Citizen ®Public Notice ®Public Notice 1 ZIPublic Notice
Statutes,notice is given that if a person
NOTICE OF INTENTION TO CONSIDER Technology("CMT")using a Zoom We- decides to appeal any decision made by
ADOPTION OF COUNTY ORDINANCE binar platform. The public is strongly the Board with respect to any matter
encouraged to watch the meeting on considered at such hearings or meet-
NOTICE IS HEREBY GIVEN TO WHOM IT Monroe County's MCTV on Comcast ings,he will need a record of the pro-
MAY CONCERN that on September 8, Channel 76, AT&T UVerse Channel 99 ceedings, and that, for such purpose,
2020 at 5:05 P.M.,or as soon thereafter or on the County's web portal http;// he may need to ensure that a verba-
as may be heard,the Board of County MO_MeiOunlyfLiqm2.com/Sitzensfae:igm2.com/Sitizens/D.e tim record of the proceedings is made,
Commissioners of Monroe County,Flor- fault.aspx. Simply select the "Watch which record includes the testimony
ida,intends to consider adoption of an Live"banner to view the live meeting and evidence upon which the appeal is
ordinance or ordinance(s) amending with live closed captioning on an inte- to be based.
one or both of the following County grated page that includes the agenda
Ordinances related to COVID-19: and agenda backup. ADA ASSISTANCE:If you are a person
ORDINANCEJiO.026-2020 If a citizen has a RokriA device,theycan with a disability who needs to specia-
accommodations in order to partici-
search for and add "MCTV" to their pate in this proceeding,please contact
AN UNCODIFIED ORDINANCE BY THE personal lineup. Monroe County's the County Administrator's Office, by
BOARD OF COUNTY COMMISSION- "MCTV" is also provided via the Mon- phoning(305)292-4441,between the
ERS OF MONROE COUNTY, FLORIDA roe County mobile apps for iOS and An: hours of 8:30 a.m.-5:00 p.m.prior to
AMENDING ORDINANCE NO.014-2020, droid and through our streaming web the scheduled meeting;if you are hear-
AS AMENDED BY ORDINANCE 022- portal 0 hltps'/monroe-fl.vod.castus. ing or voice impaired,call"711". Live
2020 AND ORDINANCE 024-2020, TO tv/vodflive=chl&nav=live. Closed Captioning is available via our
MANDATE THAT INDIVIDUALS WEAR web portal @ http://mpnroecgullt
A FACE COVERING IN PUBLIC IN CER- Citizens can listen to audio only from fljqm2.com/Citizensaelault.aspx for
TAIN CIRCUMSTANCES; ESTABLISHING their phone by dialing(646)518-9805 meetings of the Monroe County Board
A MINIMUM COUNTY-WIDE REQUIRE- or(669)900-6833 and,when prompted, of County Commissioners.
MENT, EXCEPT TO THE EXTENT OF A enter the Webinar ID#969 4844 1250
MUNICIPAL ORDINANCE IN CONFLICT; followed by the#key. Dated at Key West, Florida, this 21st
PROVIDING FOR SEVERABILITY; PRO- day of August,2020.
VIDING FOR REPEAL OF ALL ORDI- The public can comment during the live KEVIN MADOK, Clerk of
NANCES INCONSISTENT HEREWITH; Public Hearing either by phoning in or the Circuit Court and ex officio Clerk of
PROVIDING FOR TRANSMITTAL TO THE by connecting to the live Zoom webi- the Board of County Commissioners of
SECRETARY OF STATE AND PROVIDING nar link using the following instruc- Monroe County,Flori
FOR AN EFFECTIVE AND SUNSET DATE. tions: 08/26/20 Key West Citizen
a) To comment on an item by phone:
ORDINANCE NO. 027-2020 Dial(646)518-9805 or(669)900-
6833 and,when prompted,enter
AN UNCODIFIED EMERGENCY OR- the Webinar ID# 969 4844 1250
DINANCE BY THE BOARD OF COUN- followed by the#key,then*9 to
TY COMMISSIONERS OF MONROE "Raise your hand" to be recog-
COUNTY, FLORIDA AMENDING ORDI- nized by the Zoom webinar host.
NANCE 023-2020, AS AMENDED BY
ORDINANCE NO. 025-2020; TO MAN- b) To comment on an item vsing_tbe
DATE THAT ALL BARS, RESTAURANTS, live Zoom webinar link:Open this
AND FOOD SERVICE ESTABLISHMENTS live Zoom webinar link @ https;//
CLOSE FROM 12 A.M. UNTIL 5 A.M. www.monroecounty-fl.gov/Bud-
EACH DAY STARTING AT 12 A.M. ON getSep8 (that also appears in
AUGUST 19, 2020 AND ENDING AT 5 both the published Agenda and
A.M.ON SEPTEMBER 7,2020;PROHIB- Agenda Packet). When prompt-
ITING ALCOHOL SALES FROM 12 A.M. ed,enter your email address and
UNTIL 7 A.M.EACH DAY STARTING AT name to join the webinar.When
12 A.M. ON AUGUST 19, 2020 AND the Mayor calls for speakers on
ENDING AT 7 A.M. ON SEPTEMBER 7, the item(s)you wish to comment
2020; EXTENDING THE SUNSET DATE on,or when the Board is nearing
TO MONDAY, SEPTEMBER 7, 2020 AT your item(s)as the meeting pro-
11:00 P.M.;ESTABLISHING A MINIMUM gresses,select the"Raised Hand"
COUNTY-WIDE REQUIREMENT, EXCEPT feature that appears at the bot-
TO THE EXTENT OF A MUNICIPAL OR- tom of the Zoom webinar screen
DINANCE IN CONFLICT;PROVIDING FOR to be recognized by the Zoom
SEVERABILITY;PROVIDING FOR REPEAL webinar host.
OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR TRANS- The Zoom webinar host will request the
MITTAL TO THE SECRETARY OF STATE item#you wish to speak on and enable
AND PROVIDING FOR AN EFFECTIVE your participation when the Mayor
AND SUNSET DATE. calls for public speakers on your item.
To report problems with the broadcast
The September 8, 2020 Budget Meet- or participation in the Zoom webinar,
ing of the Board of County Commis- please call(305)872-8831.
sioners of Monroe County, FL will be
conducted via Communication Media Pursuant to Section 286.0105, Florida
RECEIVED
AUG 31 2020
NOTICE OF INTENTION TO Monroe County's MCTV on such purpose,he may need
MONROE COUNTY.ATTORNEY CONSIDER ADOPTION OF Comcast Channel 76,AT&T to ensure that a verbatim
COUNTY ORDINANCE UVerse Channel 99 or on the record of the proceedings is
NOTICE IS HEREBY GIVEN TO County's web portal @ http:// made,which record includes
WHOM IT MAY CONCERN that monroecountyfl.igm2.com/ the testimony and evidence
WXZYS
K L on September 8,2020 at 5:05 Citizens/Default.aspx.Simply upon which the appeal is to
P.M.,or as soon thereafter select the"Watch Live"banner be based.
as may be heard,the Board to view the live meeting with ADA ASSISTANCE:If you are a
of County Commissioners live closed captioning on an person with a disability who
of Monroe County,Florida, integrated page that includes needs special accommodations
intends to consider adoption the agenda and agenda in order to participate in this
Published Weekly of an ordinance or ordinance(s) backup. proceeding,please contact the
Mdrdthon, MonroeCount ,Florida amending one or both of the If a citizen has a Roku device, County Administrator's Office,
Y following County Ordinances they can search for and add by phoning(305)292-4441,
related to COVID-19: "MCN"to their personal between the hours of 8:30
PROOF OF PUBLICATION ORDINANCE NO.026-2020 lineup.Monroe County's a.m. 5:00 p.m.prior to the
AN UNCODIFIED ORDINANCE MCN`is also provided via scheduled meeting;if you are
BY THE BOARD OF COUNTY the Monroe County mobile hearing or voice impaired,call
STATE OF FLORIDA COUNTCOMMIY,SIONER AS OAMENDING F MONROE apps for i0S and Android "711 Live Closed Captioning
ORDINANCE NO.014-2020 AS and through our streaming is available via our web portal
COUNTY O F MO N RO E web portal @ httpsJ/ @ http://monroecountyfl.igm2.
AMENDED BY ORDINANCE monroe-fl.vod.castus.tv/ com/Citizens/Default.aspx
Before the undersigned authority 022-2020 AND ORDINANCE vod/?live=chi&nav=live. for meetings of the Monroe
personally appeared JASON KOLER who 024-2020,TOMANDATE Citizens can listen to audio only County Board of County
THAT INDIVIDUALS WEAR A from their phone by dialing Commissioners.
on oath, says that he is PUBLISHER of FACE COVERING IN PUBLIC IN (646)518-9805 or(669)900- Dated at Key West,Florida,this
the WEEKLY NEWSPAPERS, a weeklyCERTAIN CIRCUMSTANCES; 21"day of August,2020.
ESTABLISHING A MINIMUM 6833 and,when prompted, KEVIN MADOK,Clerk of the
newspaper published in Marathon, in COUNTY-WIDE REQUIREMENT, enter the Webinar IDe 969 4844 Circuit Court
iViOnroe County, Florida: theEXCEPT TO THE EXTENT OF A 1250 followed by the ftkey. and exofficio Clerk ofthe
d: that MUNICIPAL ORDINANCE IN The public can comment Board of County
attached copy of advertisement was CONFLICT;PROVIDING FOR during the live Public Hearing Commissioners of Monroe
SEVERABILITY;PROVIDING FOR either by phoning in or County,Florida
published in said newspaper in the REPEAL OF ALL ORDINANCES by connecting to the live Publish:
issues of:(date(s)of publication) INCONSISTENT HEREWITH; Zoom webinar link using the
August 27,2020
PROVIDING FOR TRANSMITTAL following instructions: The Weekly Newspapers
7 /1 ,-� TO THE SECRETARY OF STATE a)To comment on an item by
1 Z (,(.r 1, AND PROVIDING FOR AN phone:Dial(646)518-9805 or
EFFECTIVE AND SUNSET DATE. (669)900-6833 and,when
ORDINANCE NO.027-2020 prompted,enter the Webinar
AN UNCODIFIED EMERGENCY ID#9694844 1 250 followed by
ORDINANCE BY THE BOARD OF the#key,then*9 to"Raise your
Affiant further says that the said WEEKLY COUNTY COMMISSIONERS OF hand"to be recognized by the
NEWSPAPERS is a newspaper published MONROECOUNTY,FLORIDA Zoom webinar host.
AMENDING ORDINANCE NO. b)To comment on an item
at Marathon, in said Monroe County, 023-2020,ASAMENDEDBY using the liveZoomwebinar
Florida,and that the said newspaper has ORDINANCE NO.025-2020; link:Open this liveZoom
TO MANDATE THAT ALL BARS, webinar link @ wstil
heretofore been continuously published RESTAURANTS,AND FOOD monroecounty-fl.gov/ •
In said Monroe County, Florida, once SERVICE ESTABLISHMENTS BoccMeetingSep8(that also
CLOSE FROM 12 A.M.UNTIL appears in both the published
each week (on Thursday) and has been 5 A.M.EACH DAY STARTING Agenda and Agenda Packet).
qualified as a second class mail matter at AT 12 A.M.ON AUGUST 19, When prompted,enter your
2020 AND ENDING AT 5 A.M. email address and name to
the post office in Marathon, In Monroe ONSEPTEMBER7,2020; jointhewebinar.Whenthe
County, Florida,for a period of one year PROHIBMNG ALCOHOL Mayor calls for speakers on the
SALES FROM 12 A.M.UNTIL item(s)you wish to comment
next preceding the first publication of 7A.M.EACHDAYSTARTING on,or when the Board is
the attached copy of advertisement.The AT 12 A.M.ON AUGUST 19, nearing your item(s)as the
2020 AND ENDING AT 7 A.M. meeting progresses,select
affiant further says that he has neither ON SEPTEMBER 7,2020; the"Raised Hand"feature
norpromised anyperson, firm, or EXTENDING THE SUNSET DATE that appears at the bottom of
paid TO MONDAY,SEPTEMBER the Zoom webinar screen to
corporation any discount, rebate, 7,2020 AT 11:00 P.M.; be recognized by the Zoom
ESTABLISHING A MINIMUM webinar host.
commission or refund for the purpose of COUNTY-WIDE REQUIREMENT, The Zoom webinar host will
securing this advertisement for EXPTOTNTOm
MUNICECIPTAL ORDINANCEHE EXTE IN FA to
request speak onthe andite enable#youwish your
publication in the said newspaper(s)and CONFLICT;PROVIDING FOR participation when the Mayor
that The Weekly Newspapers is in full SEVERABILITY;PROVIDING FOR p speakers
REPEAL OF ALL ORDINANCES oncalls yourfor item.ublic To report
compliance with Chapter 50 of the INCONSISTENT HEREWITH; problems with the broadcast
TFlorida State Statutes on Legal and PROVIDINGFORTRANSMITTAL orparticipationintheZoom
Official Advertisements. AND PROVIDING FOR ANATE 88 1.
binar,please call(305)872
EFFECTIVE AND SUNSET DATE. Pursuant to Section 286.0105,
The September 8,2020 Florida Statutes,notice is
,-- 7--------'
Meeting of the Board of County given that if a person decides
Commissioners of Monroe to appeal any decision made
Sw n to and subscribed before me County,FL will be conducted by the Board with respect
via Communication Media to any matter considered at
t 's.' da of Ali (.--,2020. Technology("CMT")using a such hearings or meetings,
(SEAL <� Zoom Webinar platform.The he will need a record of the
public is strongly encouraged proceedings,and that,for
-- to watch the meeting on
i .4,.....o evit, ..._— ___
Notary
'`•auit, `• MY COMMISSION GG 168950
�^:..a: EXPIRES:December 17,2021
+•`a Nc." Bonded TAN Notary Pubic Underwriters
�f +l Marathon•Sunshine Ke •Bi Pine Ke No Name Ke •Little,Middle&BigTorch Key•Ramrod K Summerland Ke •Cu ' e Ke •Su arloal Key
Key.Big Y' Y Y eY' Y � Y 9
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30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043
Phone: 305-872-0106 Fax: 305-515-2939 RECEiVED
AFFIDAVIT OF PUBLICATION SEP - 9 2020
STATE OF FLORIDA MONROE COUNTY ATTORNEY
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
of:
LEGAL NOTICE: INTENT TO CONSIDER ADOPTION OF COUNTY ORDINANCE FACIAL COV-
ERINGS: COUNTY ADMINISTRATOR, HISTORIC GATO BUILDING 1100 SIMONTON ST., SUITE
2-205, KEY WEST, FL 33040
was published in said newspaper in the issue(s) of:
AUGUST 28, 2020
Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in
said Monroe County, Florida and that said newspaper has heretofore been continuously published in
said Monroe County, Florida each week and has been entered as first-class mail matter at the post
office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding 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
Sworn and subscribed before me this 1ST Day of SEPTEMBER, 2020
Signature otary Printed Name of Notary
Expires
Personally Known Produced Identification
Type of Identification Produced
4KAREN J. CHESLEY
6, MV COMMISSION d GO'209429
° Hopp EXPIRES April 19.2022
Page 8
LEGAL NOTICES
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE iS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 8,2020 at
5:05 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 a
of the following County Ordinances related to COVID-I9:
ORDINANCE NO.026-2020
AN UNCODIFIED ORDINANCE BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA AMENDING ORDINANCE NO. 014-2020, AS
AMENDED BY ORDINANCE 022-2020 AND ORDINANCE
024-2020, TO MANDATE THAT INDIVIDUALS WEAR A
FACE COVERING IN PUBLIC IN CERTAIN
CIRCUMSTANCES; ESTABLISHING A MINIMUM•
COUNTY-WIDE REQUIREMENT, EXCEPT TO THE
EXTENT OF A MUNICIPAL ORDINANCE IN CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR TRANSMITTAL TO THE
SECRETARY OF STATE AND PROVIDING FOR AN
EFFECTIVE AND SUNSET DATE.
ORDINANCE NO. 027-2020
F
AN UNCODIFIED EMERGENCY ORDINANCE BY THE
BOARD OF COUNTY COMMISSIONERS OF MONROE `
COUNTY, FLORIDA AMENDING ORDINANCE 023-2020,
AS AMENDED BY ORDINANCE NO. 025-2020; TO
MANDATE THAT ALL BARS, RESTAURANTS, AND
FOOD SERVICE ESTABLISHMENTS CLOSE FROM 12
A.M.UNTIL 5 A.M.EACH DAY STARTING AT 12 A.M.ON F
AUGUST 19, 2020 AND ENDING AT 5 A.M. ON a
SEPTEMBER 7, 2020; PROHIBITING ALCOHOL SALES
FROM 12 A.M. UNTIL 7 A.M. EACH DAY STARTING AT
12 A.M.ON AUGUST 19,2020 AND ENDING AT 7 A.M.ON
SEPTEMBER 7, 2020; EXTENDING THE SUNSET DATE
TO MONDAY, SEPTEMBER 7, 2020 AT 11:00 P.M.;
ESTABLISHING A MINIMUM COUNTY-WIDE
REQUIREMENT, EXCEPT TO THE EXTENT OF A
MUNICIPAL ORDINANCE IN CONFLICT; PROVIDING
FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;PROVIDING
FOR TRANSMITTAL TO THE SECRETARY OF STATE
AND PROVIDING FOR AN EFFECTIVE AND SUNSET
DATE.
r
The September 8, 2020 Budget 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 Comcast Channel 76. AT&T UVerse Channel 99 or on the County's web portal @
http.Jmonroecountyfl.igni2coSitizens'Default.asr. 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 iOS.and Android_and through our streaming
web portal(r4 https:i/monroe-fl.vod.casuts.tvlvodeilive-ch I&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#969 4844 1250 followed by the#key.
The public can comment during the live Public Hearing either by phoning in or by connecting to the Not
Zoom wcbloar link using the following Instructions:
a) To comment on an item by phone: Dial(646)518-9805 or(669)900-6833 and,
when prompted,enter the Webinar iD#969 4844 1250 followed by the#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(a)https:Uwww.monroccountrll.got!BudgetSepS(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 item(s)as the
meeting progresses,select the"Raised Hand'feature that appears at the bottom of
the Zoom webinar screen to be recognized by the Zoom webinar host.
The Zoom webinar host will request the item#you wish to speak on and enable your participation when the
Mayor calls for public speakers on your item.To report problems with the broadcast or participation in
the Zoom webinar,please can(305)872-8831.
Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings,he
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.
ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to
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 (d
http:llmonroecotintyflicirn2.corn/CitizensiDefault.asp,for meetings of the Monroe County Board of
County Commissioners.
Dated at Key West,Florida,this 21"day of August.2020.
KEVIN MADOK,Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County,Florida
at • Kevin Madok, CPA
% ...
4 - Clerk of the Circuit Court&Comptroller—Monroe County, Florida
September 24, 2020
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 032-2020 an uncodified Ordinance by the
Board of County Commissioners of Monroe County, Florida amending Ordinance No. 014-2020,
as amended by Ordinance No. 022-2020, as amended by Ordinance No. 024-2020, as amended
by Ordinance No. 026-2020, 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 disposition of fines by the Clerk; providing for
severability providing for repeal of all Ordinances inconsistent herewith;providing for transmittal
to the Secretary of State and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
meeting, held in formal session, on September 16, 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&
exollicio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
cc: County Attorney
Clerk's Office
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
tr !
it
'.
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
September 25, 2020
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 032-2020, which was bled in this office on September
24, 2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Pamela G. Hancock
From: ords@municode.com
Sent: Tuesday, September 29, 2020 2:33 PM
To: Peters-Katherine@monroecounty-fl.gov; Pamela G. Hancock
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 21 Update 5
Follow Up Flag: Follow up
Flag Status: Flagged
****THIS IS AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account.This material is being considered for
inclusion in your next/current update, Supplement 21 Update 5
Ordinance No. 029-2020 9/3/2020 9/21/2020 PDF
Ordinance No. 2020-032 9/16/2020 9/29/2020 PDF
[H] [H]
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
i