Item U09 I�`�
County of Monroe
�y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Heather Carruthers,District 3
�1 `_ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys ��` �)-.���`� � Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
October 193, 2016
Agenda Item Summary #7492
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Discussion and direction regarding Ordinance No. 032-2020, the
County's mask ordinance.
ITEM BACKGROUND: In response to the COVID19 pandemic, the Board adopted an emergency
ordinance requiring facial coverings which has been amended several times since originally adopted
to address specific COVID-related issues, with the most recent amendment at the public hearing held
9/16/20 resulting in adoption of Ordinance No. 032-2020. This item is being placed on the agenda
to allow the Board to discuss any modifications to the ordinance as conditions warrant.
PREVIOUS RELEVANT BOCC ACTION:
9/16/20 (R-6) Board adopted an ordinance (Ordinance No. 032-2020) amending Ordinance No.
026-2020 providing direction to the Clerk to deposit any fines collected into the
account for the General Purposes Municipal Service Taxing Unit, FUND 148, less
any statutory funds due to the clerk.
9/8/20 (B-1) Board continued consideration of possible amendments to Ordinance No. 026-
2020 to the regular BOCC 9/16/20 meeting.
8/19/20 (Q-1) Board adopted Ordinance No. 026-2020 amending Ordinance No. 014-2020, as
amended by Ordinance No. 022-2020 and Ordinance No. 024-2020, clarifying
when face coverings are required.
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-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: No changes recommended at this time.
DOCUMENTATION:
Ordinance No. 032-2020 amend Mask Ord BOCC 9 16 20 (R6)
FINANCIAL IMPACT:
Effective Date: TBD
Expiration Date: TBD
Total Dollar Value of Contract: n/a
Total Cost to County: Advertising Costs
Current Year Portion: n/a
Budgeted: Yes
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:
Additional Details:
n/a
REVIEWED BY:
Bob Shillinger Completed 10/19/2020 1:06 PM
Liz Yongue Pending
Board of County Commissioners Pending 10/19/2016 9:00 AM
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 b 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 I 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(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
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." Puhlix 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)1; and
WHEREAS, on June 17, 2020, the Board of County Commissioners adapted 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 "[slafeguarding 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 be secured to the head with ties or straps or simply wrapped around the
lower fate. It can he niade of a variety of materials,stick as cotton.silk,or linen.
A cloth face covering may be Factory-made or sewn by hand. or call 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.
(1) Except as provided for in paragraph (4) of this Section, every person over
the age of six (6) who is away from his or her residence shall wear a face
covering when closer than 6 feet to another person with whom he or she
does not reside
(2) Every person over the age of six (6) who is away from his or her residence
shall carry a face covering capable of immediate use.
(3) Each operator shall establish rules for that business establishment that
encourages social distancing, hand washing, and other protective measures
for customers and employees based upon guidelines provided by the
Centers of Disease Control and the State Department of Health.
(4) An operator, manager, employee, customer or patron of a business
establishment must wear a face covering while inside of any portion of that
business establishment that is open to the public. The requirements of this
paragraph do not apply to:
a. Restaurant customers or patrons while dining and/or consuming
beverages while seated at a table.
b. A gym patron engaged in a workout or class where at least 6 feet
of distancing exists with the next closest patron.
c. Barbershop or beauty salon customers or patrons when wearing
a face covering would reasonably interfere with receiving
services.
d. Business operators and employees who are in an area of a
business establishment that is not open to customers, patrons, or
the public, provided that 6 feet of distance exists between
employees. When an operator or employee is in their place of
employment but not within 6 feet of another person, that
operator or employee does not need to wear a facial covering.
This exception does not apply to operators and employees who
are present in the kitchen or other food and beverage
preparation area of a restaurant or food establishment.
e. Bar patrons while seated and consuming beverages and/or food.
f. A lodging establishment guest when inside of the lodging unit
including but not limited to a hotel room, motel room, vacation
rental unit, timeshare unit, or similar unit.
g. Participants in public meetings held pursuant to F.S. 286.011,
provided that the participant without a face covering is engaged
in social distancing.
(5) An operator and/or employee of a business or lodging establishment shall
ensure that every individual in that establishment complies with this section.
Page 5 of 8
(b) 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 ❑f the business establishment nor jeopardize the health of that
business's employees and other customers, such as providing curb service
❑r delivery ❑r other reasonable accommodation.
SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the
following manner:
(1) Quasi-Criminal Offense.
a. Any state, county, or municipal law enforcement officer may
arrest or issue a notice to appear for any knowing and intentional
violations committed in his or her presence or through
procurement of an arrest warrant. Violations shall be prosecuted
by the State Attorney of the 10h 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
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 ❑f
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 ❑f 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 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 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
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 1, 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 10h day of September, 2020.
Mayor Heather Carruthers Yes
Mayor Pro Tem Michelle Coldiron Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes
1i;
iKEIVIN
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS MADOK, Clerk OF MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk Ma or H&ffher Carruthers
°D a
wj Li.
W
MONROE tUwry ATTORNEY
To
CD TO F
� R wNGER,jR.
CD
E
Page 8 of 8
V 10EYVWEST
110E UZEN
Rs_t,F1 ��
S�P1 � 2a2�
RTTQRh�y The Florida Keys Only Daily Newspaper,Est. 1876
MCSI4Rt1C COUNV PO Box 1800,Key West FL 33041
P.'(305)292-7777 ext.219 F:(305)295-8025
Iegals@keysnews.com
MONROE CO ADMINIBOCC
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 INTENTION TO CONSIDER or on the County's web portal 0 httoJl
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE 6
fauttasox. Simply select the "Watch
NOTICE IS HEREBY GIVEN TO WHOM IT Live"banner to view the live meeting
Before the undersi in aUtholtit MAY CONCERN that on September 8, with live closed captioning on an inte-
g y personally appeared 2020 at 5:05 P.M.,or as soon thereafter grated page that includes the agenda
as may be heard,the Board of County and agenda backup.
Commissioners of Monroe County,Flor-
1 who on oath says that he or she is ida,intends to consider adoption of an if a citizen has a&W device,they can
ordinance or ordinance(s) amending search for and add "MCTV" to their
one or both of the following County personal lineup. Monroe County's
�Lo of the Key West Citizen,a daily Ordinances related to COVID-19: MCN' is also provided via the Mon-
roe County mobile appsforj�pjand An-
newspaper published in Key West,in Monroe County, Florida;that the attached ORDINANCE NO,026-20Z0_ dtgid and through our streaming web
copy of advertisment,being a legal notice in the matter of ORDINANCE 9.16 was AN UNCODIFIED ORDINANCE BY THE =e=chl&nav--Iiv
COMMISSION-
published in said newspaper In the issues of BOARD OF COUNTY COMMISSION-
ERS 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)900.6933 and,when prompted,
2020 AND ORDINANCE 024-2020, TO enter the Webinar ID#969 48"1250
MANDATE THAT INDIVIDUALS WEAR followed by the#key.
A FACE COVERING IN PUBLIC IN CER-
Affiant further says that the Key West Citizen is a newspaper published in Key TAIN CIRCUMSTANCES; ESTABLISHING The public can commentduring the live
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- MENT. EXCEPT TO THE D(TENT OF A by connecting to the live Zoom webi-
fore been continuously published in said Monroe County, Florida every day,and MUNICIPAL ORDINANCE IN CONFLICT; nar link using the following inmc-
PROVIDING FOR SEVERABILI Y; PRO- tions:
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 1 year next preceding the first publication NANCES INCONSISTENT HEREWITH; a) Tocommenton an itePROVIDING FOR m by phone:
of the attache d copy of advertisement;and affiant further says that he or she has SECRETARY OF STATE AND PROVIDING� 6833E Dial{and}when prompted,enter
neither paid nor promised any person,firm or corporation any discount,rebate, FOR AN EFFECTIVE AND SUNSET DATE, the Webinar ID#969 4844 1250
commission or refund for the purpose of securing this advertisement for pubIica- followed by the#key,then•9 to
Raise your hand" to be recog-
tio the sai ew aper. ORDINANCE N0. 027-2020 nized by the Zoom Webinar host.
AN UNCODIFIED EMERGENCY OR- b) To commenton an item usingh.
DINANCE BY THE BOARD OF COON- live ZOOM Webinar link:Open this
(Signature of Affiant} _ TY COMMISSIONERS OF MONROE live Zoom webinar link O jittnsll
COUNTY, FLORIDA AMENDING ORDI- www.monroecounty-fl.00v%d-
NANCE 023-2020, AS AMENDED BY get5eag (that also appears in
sub r' before me this 28th day of August 2020 ORDINANCE NO. 025-2020, TO MAN- both the published Agenda and
DATE THAT ALL BARS,RESTAURANTS, Agenda Packet). when prompt-
AND FOOD SERVICE ESTABLISHMENTS ed,enter your email address and
CLOSE FROM 12 A.M. UNTIL 5 A.M. name to join the weloinar.When
Stazrvu iC S ire] EACH DAY STARTING AT 12 A.M.ON the Mayor calls for speakers on
r` AUGUST 19,2020 AND ENDING AT 5 the item(s)you wish to comment
r A.M.ON SEPTEMBER 7,2020;PROHIB- on,a when the Board is nearing
isuirr� ITING ALCOHOL SALES FROM 12 A.M. your item(s)as the meeting pro
� UNTIL 7 A.M.EACH DAY STARTING AT greases,select the"Raised Hand"
P(Notary blic Printed Name) {Notary . 12 A.M. ON AUGUST 19, 2D20 AND feature that appears at the bot-
�s�: �F- ENDING AT 7 A.M.ON SEPTEMBER 7, tom of the Zoom webinar screen
yC 2020, EXTENDING THE SUNSET DATE to be recognized by the Zoom
My commission expires of TO MONDAY, SEPTEMBER 7, 2020 AT webinar host.
''r ►��;� 11,00 P.M.;ESTABLISHING A MINIMUM
r��r�tlltn+�� COUNTY-WIDE REQUIREMENT,EXCEPT The Zoom web!nor host wi I I request the
M C7 Cn TO THE EXTENT OF A MUNICIPAL OR- item#you wish to speak on and enable
Personally Known X Produced Identification_ >C C� C DINANCE IN CONFLICT;PROVIDING FOR your participation when the Mayor
SEVERABILITY;PROVIDING FOR REPEAL calls for public speakers on your hem.
TJ 3: W OF ALL ORDINANCES INCONSISTENT To report problems with the broadcast
Type of identification Produced rrI HEREWITH; PROVIDING FOR TRANS- or participation in the Zoom webinar,
MITTAL TO THE SECRETARY OF STATE please call(305)872.8831.
AND PROVIDING FOR AN EFFECTIVE
AND SUNSET DATE. Pursuant to Section 286.0105, Florida
s�o *h Statutes,notice is given that if a person
1�1 G7 !' ] The September 8,2020 Budget Meet- decides to appeal any decision made by
V rM ing of the Board of County Commis- the Board with respect to any matter
y W sioners of Monroe County,FL will be considered at such hearings or meet-
conducted via Communication Media ings,he will need a record of the pro-
CD Technology("CMT)using a Zoom We- ceedings, and that, for such purpose,
binar platform.The public is strongly he may need to ensure that a verba-
encouraged to watch the meeting on tim record of the proceedings is made,
Monroe County's MCTV on Comcast which record includes the 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 partid,
pate in this proceeding, please contact
the County Administrator's Office, by
prioning 1305) 292-4441, between the
hours of 9:30 &m, - 5.% pm, prior to
the scheduled meeting, d you are hear,
ing or voice impaired, call "711' Live
Closed Captioning is available via our
web portal @ jjnv;Lnitlarrrecct r�[ -
for
meetings of the Monroe County Board
of County Corn mi ssioners.
Dated at Key West, Florida, this 21st
day of August,2 020.
KEVIN MADOK, Clerk of
the Circuit Court and ex officio Clerk of
the Board of Count Commissioners of
Monroe County,Flo y 1;1
ri OW6120 KeyWestCitizen Public Notice
statutes,notice is liver)that if,a person
NOTICS OF ninni -to CONSIDER Tachn olo,� (.CMr, )usItril 4 zoot"'Wis, d ar, , , derision madeby
1 11 clip
to appeal any
QF"M—TYQflWNANNQ binar philigne,The public is strongly 1 Board wIth respect to any matter
encputool -4 to watch the mooting on considered at such hearings or meet-
NOTICE 15 HEREPYGIVIENTO'WHOM 17 Monroe County's IMCTV on Ontraest, jhg5,he will need a record of the pro-
MAY CONCERN that Or)September 0, Chinnali 715, AT AT U[Viiensi Cheitrial 910 F Mi h9s, and tha-1,for such purpose,
I cer
2020 41SMS emil atlas soon thereafter curoaffie Count's Web Portal*,tW he may need to,ensure that a verba.
1: As may 8M I Z940,0! tim record of the proceecitnSis 6 made,,
be h4arel the Board County, ftb�'Toe 6-ojoyf" LaZ
51 p, '="Watch which record Includes the test"
1! Commissioners of Monroe(murrij,Fjoj- fa,p, ftOW.
Ida,intends to,consider adoption of an Uv#''1h,@nnafLtr,,�I thatilhas otoytotig hd
41) UporriWcOfira at,I oat Is
ordinance or 00Afniance(s)-amending whin Itin dosed- ''Ptionfogion alp ins, to lee"� P
gated pa Imirdas the agenda
one or both of tha,�f ollow 1 ng Cou rify 0 t
'4d tat 'tcr covib-i 9! on agan backup,
Ordinances to ad ADA ASSISTANCE,If ou am a pennon
ORD indth a ofBabifity wklo need -special
If a citizen has a&qKq device,theycan
search for andsrecl 7'*CTV' to their accommodations in order to pardri•
i OkOIDO,06 040,101 BY THE personal Im66 pate In t1rIs po' og,pose contact
AN s p, Monroe County's the Coon, Administra, r%'Clffi ,by
ce
BOARD OF COUNTY (OMMFS5JQN- also provided via the Mon-
phoning 05)292-4441,,be rI the
EAS OF fAONRQii,,COUW,- F,L AID rineComrtyrnobileappsfierh)-$and A& hour,of 830 a,m--S"00 io m,prior to
AJOEN,DINO,�ORO'I!ONC:9,00.01440a Orphil and through our streaming web the scbeduled�eebn "if u are hear-
At�l AMf�NDIED�,�"1,0*,,,'6ROINIANCt OU� 4 vq W. u ry
11 1 11 01, 1 portal 0 Ing or voice,impal ,ce 1`711", Live
)RDIN 4 20, TO tvft,2020AND1 JIN NO A- Closed Captionin s avallable via our
MANDATE t"M INDIV1111101"PALS, IS,
A FACE COVilll IN I ''IN CEIRW Citizens can listen to audio only front Woma—macelva
flJqm2�,MmVT1 M911%ftfisaft %
TAM 0000MSIAACES, ESTABLISHING thelirphone by dialing(646)SIEL98up meetings of the Moa,roo(Counfy Board
A MINIMUM COUNTY-W'IDE REQUIRE- or(669)900-6,833 and,when prompted of County commissioners,
M,ENT,,EXCEP!T TO THE FXTENT,OF A enter the Webinar 1D#%9 4844 1250
MUNICIPAL blilU LANCE IN WNFUCT, followed by the it key, Dated at Key West, Rorida, this 21st
PROVIDING, FOR, SIIVERARIUTYm PRO- day of August,2020.
VI DING FOR RISPRAL OF ALL OROI- The public can comment douring:the live KEVIN MADOK, Clerk of
NANCE5 INCONSISTENT HERWITtf; Public hearing either,br phom ng In or the Circuit court and ex oftio,Clerk of
PROVIDING FOR TRANSMIrIAL TO THE' by connectinei to the I ve Zoom webli- the Board of County Commissioners of
SECRETARY OF STATE AND PROVIDING nar fink using the following linstrue- Monroe County Flory
FOR AN,PFFf CTIVE AND SUNSET DATE dons. QW,6120 Key'West'Clflzen
ORQUIlANCIE NO. 027-nWII it 5 1 0-980S or(069),500-
1 0833 and,when prompted,enter
AN U114COoliFliED EMERGENCY OJIF, the Wishner IDO 969 49" 1250
DINANCE BY THE JEOARQ OF COUN- followed by the R key,then*9 to
TY COI IMISSIONERS Of MONROE 'Raise your hand' to be recog-
COUNTY, PtortIcIA'AMENDING RDI. nixed hythe Zoom welbinarbosE
NANCE,0,24-2020,,'AS AMENDED BY
ORDINANCE RCi 0125-1020;TO FAN- b)
DATE THAT,ALL BARS.RESTAURANTS, Iykopla15. I ,r gk:Open this
AND FO ,ESTABLISHMENT' live2crom webirar link 0,,00 SERVICE,,,ESTAOLIS
CkQ$V FROM 12 UNTIL S AM, wWvvmonr6ec6uhtv-fLchrw`Bud-
EACH DAY STARTING AT 12,AX O ' rM lthftt a1*16 appears In
or
AUGUST 19, 2020,ANID ENDING'AT S orb the published Agenda and
A,NL ON SEPTEMBER 7,2BO;FRCHIIT- Agenda packet). When prompt-
ITING ALCOHOL SALES PROM 12 AvM- ,enter your,enrail address and
UNTIL 7 AM,E DAY STARTING AT name,to jonc the wobinar.When
112 XIML ON AUGUST 11% 2O2O AND the Mayor oils for speakers on
ENDING AT 7 XMl ON SEPTEMBER 7, the Item W you wkh to comment
2020, EXTIENDIAM THE, SUNSET DATE on,of when the 0 oard is nead ing
, q
TO Willi SjPTRMRjR,7,2020 AT your item(s)as the meeting prof
J11QR'Aji ESTAREJ$411.11ING,A MINIMUM select the"Aalsodi,Hand'
COUPM-WIDIF AEOUIRENIENT,CX,C eature that appears at the hot-
TO THE EXTENT�Qf,,A MUNICIPAL ORP court of the Zoom webinar screen
L4I CEIEI NFL1 OMPR6VIDeir,o FOR to be recognized by,the Zoom
sIEVE"Wott 00 f webiner host,.
UFFY"A
0'V�''L'1 "0
It TN IN
PR
EW I ' ' ' '
T
"a" Y,
1, AL To TH
�,A D U 'a 0 P
N NS- )ATE,
The I tells flurl
lot Ekiwo booget mvet� TO MP,or Pam I,aeon In' e mom ewe'btrw
Of the ipoalyo,"Oif Co, ty Commils- phrase'a
signers of Manheii,CoOO*,FILwill be,
tooducted v4i C6qtIwuhJre,4bn Media pursuant to,Siectfon 284,0105, Florida
on W
� 0-"co � ,
Or
� atthat rdrNr� yfi, rrti r thr�#�GMay ar ` rrider
rill
WEE i�
AIDA�Sl5I 1 .N1
NN 'a 6paing 09 am
parsanW40,44ha Nbp
N iN
�0 roc!agen0a imra
Published Weekly a , rdi � r dY �rj� ' I ,"Please"M e,,
Marathon,Monroe County,Florida a s Y r Ra � hwaRokud �0� ��r 5RC
�` irrr lk tarrd 1, `1,
r mortal r
PROOF I PUBLICATION
rr �
Ns farms NO-
lam
STATE OF FLORIDA
, ' N
� � Aadr h Cry c�Vi :
COUNTY OF MONROE
Before the undersigned authority � �I R1 � t ice, �N s (the"� �
personally appeared JASON KOLER who � � i � " )ice '� i y. ��ty a cad
f
on oath, says that he is PUBLISHER HER ted t y�Rl0,da' k
the WEEKLY NEWSPAPERS, a weekly j", R �r �� Xy
newspaper published in Marathon, in
�F ` � 3; cricrut�rrt
Monroe County, Florida: that the � � A�RR � � �
attached copy of advertisement was F ,f"�NiNAN �,
published in said newspaper in the 5�I4AYNNNNtlYl' NNN ' fNt1rrNiNr�rrr ,
R �c�> , " eN1
issues of:(date(s)of publication) 15ItfFRRxr, �rbrrirnrt �' � .
totI iIFQ IT N Al d �h� 4 r+ ,,
yv{ if] Fyn NRr f1 # 1 w
XV
1, t If9 tl eia* "N Y Your
Afhant further says that the said EEKL4' 7 '; issY N� R'ri } �i p" e
NEWSPAPERS is a newspaper published '', ,FL Nro� rrhst
at Marathon, in said Monroe County, iYR1Gk1Y N Nkd
Florida,and that the said newspaper has
��fH �kL� r �NC,1) Nt ,Nitprnu
heretofore been continuously published
In said [Monroe County, Florida, once
each week tan Thursday) and has been �,;� "H aY NARTIN Pq0i4qdA 0
qualified as a second class mail matter at 1 c�� A� N�° �� " r `
the post office in Marathon, In Monroe aFR7, �Ir? ith
County, Florida,for a period of one year '� r�,f0t, d
R i 4 XuhNtll, item( ydowishto m0
next preceding the first public titian o y . Y 1AN rii rr, ru Nr rrtfw Ardis
1 y car r6isi as tl
the attached copy of advertisement.The 91,� T7p
affiant further says that he has neither ture
paid nor promised any person, firm, or TO'
� � �RRR �'� � r�ar�crrr'ta
of
corporation any discount, rebate, 7,, 11 �O�� yta
commission or refund for the purpose of
securing this advertisement for ' ��f Cup � �
lN� N1 . raarY ��uwi
publication in the said newspaper(s)and ,� . tl �t P 6h61MI
r
that The Weekly+ I wsp per is rn full � NO"R l'40TPU r
lianc uvi>h h, Rpi ny,,prlrer�.�'10,"Ot
► !` der 0 of f �N �h R� i moil
Floridato t�ttes on Legal a �,��R� 'ldatNrr 160 "
pieaso Oil 6051 7 �
Official Advertisernpn s.
0:50tiob 2 01,05,
Nor tatotosinqttels
�� Nrarr Nt� rsorn dNd
xpl
�a �N kro cad
5 n to and subscribed before me N� trar� p '
Dto
EAL ...
tca tlr tiq an
Notary
TERRY Pik
+. WCOWMSSION#60168M
; rr ►17,2D21
o . ' SKAWTNV
Marathon-Sunshine Key-Big Pine Key-No Name Key-Little,Middle&Big Tar h Key-Ramrod Key urnrmrland Key-Cry e Key ugadoat Key
RG
J
30339 Overseas Highway P.O. Box 431539 Big Pine Key, FL 33043
Phone: 305-8 2-9195 Fax: 395-515-2939 Pr",CEIVF-C)
AFFIDAVIT OF PUBLICATION .aE..) - 9, 20110
STATE OF FLORIDA { � CO'Urfrf
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 GATC BUILDING 1100 SIM€7NTt N ST, SUITE
- 95, KEY WEST, FL 33040
was published in said newspaper in the issue(s) of;
AUGUST 2 , 2929
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 1 ST Day of SEPTEMBER, 2020
Signature cU&otary Printed Blame of Notary
Expires
Personally Known Produced Identification
Type of Identification Produced
,`',"
iii 7 t;,. on
"No Vow
pwmil
It
` , y �1
AmpeoAns
noa s i;
is'\} ;4 3
7 �F^rl 4. s
�r 4
} {
1 ( ry h b
� s
}t1i lit(,;���S�s,t
{ ,
s^,y
a �
MAIM
t tf
t ,sit i J6 st1 t�� , ''h ��� t �t} 7r'� r
4 p` lip i i 4
7IWAR
i t�`F`
F
Tr
\ ) t 1 t
e i� ys s -I �i)i�it j ss s1,i t i i h ri { i s
Nit
AS to
r
ARM
f
....{....
l,r d to sus, llf ss
s { n
1
i } t
4 4,
tr
cawer�
Kevin Madok, cPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
September 24, 2020
Departinent of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FI,32399-02.50
'ro wbom 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 mininiu n county-wide requirement, except to the extent of a
Municipal Ordinance in conflict; providing for disposition of fines by(fie Clerk; providing for
severability providing far repeal of all Ordinances inconsistent herewith;providing for transmittal
to the Secretary of'State and providing for an effective date.
This Ordinance ►vas adopted by the Monroe County Board of County Commissioners at a
ineeting, held in formal session, on September 16, 2020. Should you have any questions please
feel tree to contact Ine at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
tic Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
bj: P:urx la G. Hancock, D.C
cc: County Attorney
Clerk's Office
BOCC
File
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
305-294-4641 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