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Item R4 R.4 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 `ll Mayor Pro Tem David Rice,District 4 -re Florida.Keys ��� � � Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting February 17, 2021 Agenda Item Number: R.4 Agenda Item Summary #7752 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 revisions to 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: 12/9/20 (Q-3) No changes made. 11/17/20 (S-3) No changes made. 10/21/20 (U-9) No changes made to Ordinance No. 032-2020. 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- Packet Pg. 2879 R.4 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) Notice of Intent-Mask Ordinance 01-20-2021 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: Packet Pg. 2880 R.4 Additional Details: n/a REVIEWED BY: Bob Shillinger Completed 01/05/2021 4:08 PM Bob Shillinger Completed 01/05/2021 4:08 PM Purchasing Skipped 01/05/2021 4:07 PM Budget and Finance Skipped 01/05/2021 4:07 PM Maria Slavik Skipped 01/05/2021 4:07 PM Laurie Dastugue Skipped 01/05/2021 5:50 PM Liz Yongue Completed 01/05/2021 6:11 PM Board of County Commissioners Completed 01/20/2021 9:00 AM Board of County Commissioners Pending 02/17/2021 9:00 AM Packet Pg. 2881 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 0 coughs, sneezes, or talks; these droplets can land in the mouths or noses of people who are nearby y 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 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 ALelp people who may have the virus and do not know it from transmitting it to others; and 0 WHEREAS,the CDC does not recommend wearing cloth face covering for children under E 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 Packet Pg. 2882 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 y 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 COV ID-19; and 0 le 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 E M F.S. 252.50; and CD N CD WHEREAS, adopting regulations via ordinance would permit additional enforcement options through code compliance and injunctive relief; and d 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 Packet Pg. 2883 R.4.a 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 le Ch WHEREAS,the number of infections has increased dramatically since the mask ordinance was adopted; and c 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 N 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 d of a business establishment that is open to the public,except as specified; and c 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 Packet Pg. 2884 • R.4.a 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 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 E yourself and other persons by staying a minimum of six (6) feet away from CD N another person. CD N M CD SECTION 3. Recommended standards of conduct. d (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 S Packet Pg. 2885 • R.4.a 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 e (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. le (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. 0 (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: N 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 y 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 CD employees. When an operator or employee is in their place of 04 CD employment but not within 6 feet of another person, that 04 04 operator or employee does not need to wear a facial covering. CD This exception does not apply to operators and employees who d 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, e 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 Packet Pg. 2886 R.4.a (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 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. le SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the following manner: (1} Quasi-Criminal Offense. e a. Any state, county, or municipal law enforcement officer may W 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. le (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. 04 b. Any person or business establishment prosecuted under this CD subsection and found in violation of this ordinance may be d 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 5 of 8 Packet Pg. 2887 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. N (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. CD CD SECTION 7. Severability. If any section, subsection, sentence, clause, or provision of this CD ordinance is held by a court of competent jurisdiction to be invalid, the remainder of this ordinance d shall not be affected by such invalidity. z e 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 ❑r parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. e 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 Packet Pg. 2888 R.4.a 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 e Commissioner Sylvia Murphy Yes A BOARD OF COUNTY COMMISSIONERS . KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA N By: u.w By: As Deputy Clerk Ma or H&ffher Carruthers M CD CD d MONROEtUY ATTORNEYC'- APToaD R WNGER,JR. CD Page 8 of 8 Packet Pg. 2889 V 10EYVWEST 110E UZEN Rs_t,F1 �� S�P1 � 2a2� RTTORh�y The Florida Keys Only Daily Newspaper,Est. 1876 MCSI4ROE COUNTY PO Box 1800,Key West FL 33041 P.'(305)292-7777 ext.219 F:(305)295-8025 legals@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 w COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE 6 U fauttasox. Simply select the "Watch t0 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 Monroe County,Flor- W l ,who on oath says that he or she is co ida,intends to consider adoption of an 1f a Citizen has a$pkSl device,they can 0. 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: MCTV" is also provided via the Mon- W roe County mobile appsfor iOS and An- newspaper published in Key West,in Monroe County, Florida;that the attached ORDINANCE NO,026-2020_ dtgid and through our streaming web portal N copy of advertisment,being a legal notice in the matter of ORDINANCE 9.16 was AN UNCODIFIED ORDINANCE BY THE _ = r 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 Ca Wednesday,August 26, 2020 AS AMENDED BY ORDINANCE 022- or(669)900.6933 and,when prompted, Ca 2020 AND ORDINANCE 024-2020, TO enter the Webinar ID#969 48"1250 MANDATE THAT INDIVIDUALS WEAR followed by the#key. CO 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 comment during 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 EXTENT 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 instruc- 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 PPao Iv oI�NG 6833E Dial{and}when prompted,enter 0) neither paid nor promised any person,firm or corporation any discount,rebate, FOR AN EFFECTIVE AND SUNSET DATE, the Webinar ID#969 4844 1250 followed by the#key,then•9 to ins commission or refund for the purpose of securing this advertisement for pubIica- ^Raise your hand" to be recog CD - tio the sai ew aper. ORDINANCE N0. 027-2020 nized by the Zoom Webinar host. CD N AN UNCODIFIED EMERGENCY OR- b) To comment on an it CV DINANCE BY THE BOARD OF COUN- live ZOOM Webinar link:Open this (Signature of Affiant} _ TY COMMISSIONERS OF MONROE live Zoom webinar link O jittrxll CD COUNTY, FLORIDA AMENDING ORDI- www.monroecounty-fl.00v/Bud- NANCE 023-2020, AS AMENDED BY (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 ins { tary U Ii6 S t re) 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 ,A, �.� UNTIL 7 A M.EACH DAY STARTING AT grasses,select the"Raised Hand" (Notary P 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 m3 '��rinnu+sv 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: CD 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)1 872.8831. 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`l 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 yy 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 t Monroe County's MCTV on Corncast which record Packet Pg. 289U Channel 76, AT&T UVerse Channel 99 and evidence R.4.a to be based. ADD 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 prtoning 1305) 292-4441, between the hours of 9:30 a.m. - 5C1tr 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 @ tyttpLrnrryrrrecourrty- R for meetings of the Monroe County Board of Cooney Corn missioners. Dated at Key West, Florida, this 21st day of August,2020. its KEVIN MADOK, Clerk of the Circuit Court and ex officio±Clerk of the Board of County Commissioners of Monroe County,Flori NiD�O OM LR i8Notice ! �IO gi 10R OW6,20 Key West Citizen TICS I , CINT I COI15ItTER T Irriol usdPbt� 2oormm St`atutek,naltitke is Over))that if,a person gg die''cides to appeal any decision made try QF",�RDlM bdrnar ple orrru,�'he pugblit is strorrgly tt�e,Board wvdth temp t taa any radices IIn encouraged to wretch the oreeting on considered at such hearings or meet- a NOTICE IS HEREPYGIVENTOWHOM 17 Monroe County's IMF oh ratst,r,t gse he will need a record of the dro U MAY CONCERN that otr September 8, Ch nnei 7E, ATaT uVer'le Channel 90 eeedings„ and that for such purpose, An 2020 at E1O'S AM'."atlas soon thereafter c r gn the Comint,s pleb 'atrial he'rney nufed to ermsure fdlat Verbs, 'a as rimy be hdaren the hoard of County. ft� �.rk tt MZ= " tim record of the proce dings Is mode, a rnorrssrorrorsol MonroeCptnrd 'Fdor- 1 gi . Simply select the"" at�rh which record:includes the hesfirtc�l�Y F' Ida,intends to consider adoption'f art L1W I nrmarto,uow that it ve meeting "and Ovtde I u' 6 btrhlctft aF, ii _ ordinance of orsdrlannetsl amending Whir,le dosed- ptiorlltwg'On aq intyr, to be bled. CI. one or both of th+ folow1ng County grated pa e that dnct>udas the agenda Ordinances rntat d ito CaottliD-I9! And agen a backup, ADA ASSISTANCE,If a��,y sate Penn on umwtth a rllaadtlrty uy4 rr t2r -special ��; of dti2en has a R�rRevrce,they can accommodations inor r pardd• CL search for arrd-edd `MCTV' to their pate In this pl'o tog,please contact ltk6lTIED RDI BY THE personal lineup, Monroe Courdy"s time Conran Admmministralpr%Office,by BOARD OF COUNTY' (tTh11m11SSt'DN Mom"us also 11royided via the Mon- phoning t�05),2g2s 1 bo�rl the ERS OF fulCmhlR 1C tJ FLCfBIIaA rod outfty wttdbile apps forj and An, hours of 830 a m -S"00 io rm,prior to r ;AMENDIN ;O1101l NCE EI .R1Om2O20, drpld and through our streaming web the scheduled r eebn pif mrar'e hear-AS AMENDED ,01l,6Rt1111'IkN 0,22 portal dtld2F l rr �sz �W. lrtp era of t t r I"21t , �Iwe 20 0 AND' RD�I E d ft lt„ TD r dye chTBna �tllw . Closed aptionir rs available via our CJ MANDATE E T` A l It+ ,LrALS F ports p p A'FACE COVilllffuS IN PIIR4I C IN'CERW Citizens can listen to audio only froaur .tlJgm2,�#IA T TAINT CIRCUMSTANCES; E LISFUNIO their phone by dialing(f 6)518.580p rneetirmgsof the lwunro CountymBoard � MINIMUM Cttt1NT'Y SIDE REQUIRE- or(669)901I 6, 33 and,when prompted, of County Corrrutmr�,ttoners M,ENT,,EIICEPT TO,THE EXTENT OF A enter the'Webinar 1D#%9 1250 MUNICIPAL bRDI'44CE IN C NFUC'fi followed by the A key, Dated at Key West, Ftlorida, this 21st PROVIDING, FOR SIIVERARIUTYm PRO- day of Aug ust,2020 IDIND FOR RISP'CAL OF ALL ORDI. The public can comment dourin the live KEVIN MADOKr Clerk of NANuCES INCONSISTENT IIEREW1114f; Puublic Nearing either phoning In or the Circuit court and ex dfficio Clerk of 2. PROVIDING FOR TRANSMITI;AL TO THE' by c�annecmting to the it ve Zoom went- the Board of County Commissioner's of SECRETARY OF STATE AND PROVIDING nhr link using the following lrrstrrue- Monroe County;Flory � FOR AN,EFFfCTIVEAND SUNSET DATE, tiobs. Q1 20 Key;lrlestCitizen at, dL1r �t 11110INtAINCE ND '027 Dlal iBa" S10 gIIlIS er CEIS P Sin 6833 and,when prompted,enter N AN UNCDGfIFIED EMERGENCY €tR• the Wishner ID# 9 A8�1 I250 � DINANCE BY THE EDAAD OF CdUN- followed by the a key,then*9 to N TY CDI IMISSIONERS Of MtONRrTE "Raise your hand' to be r oe- N COUNTY, FiLDRIDA'AMENDING t RDlx nixed hythe Zoom vvebinar host NANCE,028 024, A$ AMENDED BY ORDINANCE b -10 0,TO MAN- bt CRATE THAT,ALL MARS.RESTAURANTS, d ykazopt-4y 1 r Rk Open this AND FDCILI S R1l10E ESTABLISHMENT live 2crom welairtar link l CLOSE FROM 1Z A.19h'UNTIL S AM, vvvvyv,mttonroe° ty:tl /Bud- � EACH DAY STARTING AT 12 Atlf.ON, (that b appears In AUGUST`19,,202rt ANiD ENDINC,'AT S rb the published Agenda and tB A,M.ON'SEPTi EMBER 7 202Oi PRDFfIR- Agenda packet). When prompt i a ITIN ALCOHOL SALES PROM 12 AvIll. e enter your,.arnail address and UNTIL 7 AM,E DAY STARTING AT name,to join the 4+webinar.When 112 A IML ON AUGUST 1% 2020,AND the Mayor coils for speakers orm ENDING AT T AM ON SEPTEMBER 7, the iteslmisl You with to comment 20A, IERTENDFN,D,THE, SUNSET DATE on,or when the>lsard is rearing a TO MbfiDAY,SEFTENIAER 7,202(t AT your item(s)as the meeting,,pro- � 111Ot1'Aj i„i ESTAREISfIICgG,A MINIMUM select the"Ralsad'Hand' E COUP"-wiDE AR cIA h1ENT EXCM that appears at the.bot- TO TITS EXPENT f,A MUNICIPAL OIL, tors of the Zoom webinar screen � DWMC11110004Et ?pR VIDIRDFaR to be recognized by the Zoom SE ERAR► PR IDIrY,Ca REPEAL webiner host E;cwLL NA DES 1NSNT NERE ITN IN ,F R TRANS e op M1airparbho willr a tthe [A1TtAL YT 1E r�RERRY Df S[ATE ice E ydu wllh#o oa or acdbie AfII7 PRDIIIDIN FIOR ,AN EFFECTIVE yrarur par'trci dolt'whin the Iwlayatr AND INSET )ATE, tlh yor up lc s Ake od,your Steam Tu: NAD witD Df d� Tedar 8r 2020 RU�dt or pad allon in' e omwe'kfrw Ir1g Of the Boalrpl ofi Co, ty Commtmis- iphra call�9t15�IIT2al#R 1. signers of Margie[oval,FL witl be, tondumcted via CdrrgtrtuhJrPtion Media pursuant to Sect ascot 284 0105, Florida Packet Pg. 2891 "cow'; rr , , Or PC 4 Pr that � �ptaifih � rais � � afi rr�rtyfi, r thr � oIr ` rriderce WEE � , �� Qrr mh awl is to � ` V w� ih Lim" rwrf , I, rrt � ar V r� 'pA ASSl I l .if I SR� it r Yr� r n 1 '44ha rho �0 roc!agencia imw aparticipate B °that Published Weekly a ,�rdi����r Y �r j� I ,"Please"M e, Marathon,Monroe County,Florida ar 4 � r Na „� �'hwaRokodl mod m#r 5RC y i �d� 'z% a tasi � u tbej PROOF F PU�L��A�It)I r�rtIh � p pry lam STATE t OF FLORIDA COUNTY OF MONROE CtCiNE �c�t �, Before the undersigned authority personally appearedAStt lfi{ LER who � k � " . tidy �tyaOf car f � E R �N on oath, says that he is PUBLISHER HER I d t M�'flo,da'lhk the WEEKLY NEWSPAPERS, a weekly newspaper published in Marathon, in ' �f� � l� �` ���3; Monroe County, Florida: that the � � � c attached copy of advertisement was 5RINI � r-is sin� �r s published in said newspaper in the rRhr)r , CL issues of:(date(s)of publication) 1 5I t rf RRt 41i , �r b�r> ri r� r t ,' " ,0 I "i RTM' S or �+ Afftant further says that the said WEEKLY 7 isYiER h'riGii"i U NEWSPAPERS is a newspaper published '', Nt1 fLRI tiro� Yrh tJ i� iPCr�# . an at Marathon, in said Monroe County, i J YRNGtkI By Florida,and that the said newspaper has , �� ��� � � R �" " W heretofore been continuously published �` �' Fcoo 0 In said [Monroe County, Florida, once "y ��i��r�Rt�f ��� �i rn A, R t * . i' t i2t+ i 4 each week tan Thursday) and has been Am, ,; Y A N a � qualified as a second class mail matter at ion(Amu T 1% ' ��"," r�0r -� the post office in Marathon, In Monroe aFR7, � ��mat h6oho, � County, Florida,for a period of one year r� 11, "1 , M uhNtll. title t l y00 vWlth t � newt preceding the first publication of � a` r A# 1 orr,oru Rwe� mi N `the attached copy of advertisement.The St 19 gjog y9ur miss as tip tl , r stN �T7d. c44 affiant further says that he has neither r �� � � n � _ I ' tore N paid nor promised any person, firm, or �iW� NRSl�; � atttof � om 01 �'- W r ar4rr �to corporation any discount, rebate, �� 11 � commission or refund forth,purpose of securing this advertisement for ' f � R < ��th �ir tds h o publication in the said newspaper(s)and "Yor that The Weekly+ Iper isn MR Nsrpr � r omp Iianc +�vi,.=,>h h. 7 of the , , N rt� rlr .t ,fir i �hR� i � 1�5 rat Floridato �tttes on Legal an datirrd4th " " r ��5t, lea lik5i2 Official Advertise rx� n s. 1, 4, t� N, t" � � t05 idt�2 �p105, 101 '45tatomsr� kYe �me I �� rarNaat itsrsorn dckd errto 5 n to and subscribed before me Coohjk i� nr� ', eC 40 t 's da of ttt0. � 't � lift MEAL ... � tir 'rr�nq an Notary 1,111,11111 TEW Fib +. WCOWM&SION#60116M r 17,2t121 "` Packet Pg. 2892 g R.4.a Marathon-Sunshine Key-Big Pine Key-No Name Key-Little,Middle&Big Tar h Key-Ramrod Key uEnrmrland Key- n e-toy ugadoat Key J 30330 Overseas Highway P.O. Box 431539 Big Pine Key, FL 33043 � Phone: 305-8 2-3195 Fax. 3 5-515-2939 Pr",CEIVF-C) AFFIDAVIT OF PUBLICATION .aE') - 9, 20110 STATE OF FLORIDA �f � f..:Ur,,rf COUNTY OF MONROE � 0 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; N 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 , 229 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, 2029 Signature otary Printed Blame of Notary Expires Personally Known Produced Identification Type of Identification Produced Packet Pg. 2893 r t' trigs tr.}Fr} r �fOC t qt `�j r ,D� teCal YAO tt MOOtax h )t r�irt iF� iel,� i , 7P , n mrs (}7r!§f�� F suS I;�SF� , 1. 4 I r4�'rl Tits ttt Irt �f it i'3 Ftr AC Qu quo fQ Maht r g it ,. t t k+ N r a �WWIQU- In t F r 11 tl wv, �, 'f 3t t t f F +• rt tr F iFd tes tt �1��1t' n ,t t ri � r j .i r, S } CIL: { v rem t i);F t� r F t�r� N r U to 7777777, 0 moo 4-2 t , , :E c E N lick mn, 04 n All t l y zt i t t�lr a st is�l S `tl yat t 4}t t.9 sFtut i`tl t:r jstlr rk}t ittFY{S �kVJt # i�i Z j 4 1 F V t * b}so E � � � pt 019 ( t 3 No t\u 10 mow t ql tlt a tr Packet Pg.2894 R.4.a 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 le Tallahassee FI,32399-02.50 'ro wbom It May Concern, U 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 W by Ordinance No. 026-2020, to mandate that individuals wear a face covering in public in certain circumstances; establishing a 1nininium 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 for 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 meeting, held in formal session, on September 16, 2020. Should you have any questions please feel tree to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of tic Circuit Court& Comptroller& ex-officio to the Monroe County cv Board of County Commissioners CD bj: P:ulx 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 30 Packet Pg. 2895 r 1 FLORJDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State le 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 c, 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, M N N N M Ernest L. Reddick Program Administrator ELR/lb 0 R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Packet Pg. 2896 R.4.a 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 le c� ****THIS IS AN AUTOMATICALLY GENERATED EMAIL**** c� 0 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 tJ Ordinance No. 029-2020 9/3/2020 9/21/2020 PDF Ordinance No. 2020-032 9/16/2020 9/29/2020 PDF Update the internet version of your Code CD more often than a printed supplement. We can post newly enacted ordinances N We can update the Internet quarterly, monthly, in the online Code after each meeting. `V N even weekly. d i Packet Pg. 2897 R.4.b NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on January 20, 2021, at 1:30 P.M., or as soon thereafter as the matter may be heard, at the Marathon Government Center, 2798 Overseas Highway,Marathon,Florida,the Board of County Commissioners of Monroe County,Florida, intends to consider possible amendments to the following County ordinance,the County's mask ordinance: 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 le 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, y EXCEPT TO THE EXTENT OF A MUNICIPAL ORDINANCE IN 2 CONFLICT; PROVIDING FOR DISPOSITION OF FINES BY THE CLERK; PROVIDING FOR SEVERABILITY; PROVIDING FOR �-- REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; N PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE N AND PROVIDING FOR AN EFFECTIVE AND SUNSET DATE. cv The public can participate in the January 20, 2021, meeting of the Board of County Commissioners of Monroe County, FL via Communication Media Technology ("CMT") using a Zoom Webinar platform by following the detailed instructions below. The public is strongly encouraged to watch the meeting on Monroe County's MCTV on Comcast Channel 76, AT&T U-verse Channel 99 or on the County's web portal @ htt -.//inonroecoLintvfl.igin2.coin/Citizens/Default.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 10S and Android and through our streaming web portal @ htt s://monroe-fl.vod.castus.ty/vod/?live=chl&nav=live. Citizens can listen to audio-only from their phones by dialing(646) 518-9805 or(669) 900-6833 and,when W prompted, enter the Webinar ID 913 1016 8691 followed by the 4 key. 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: a) To comment on an item by phone: Dial (646) 518-9805 or (669) 900-6833 and, when prompted, enter the Webinar ID 913 1016 8691 followed by the 4 key, then *9 to "Raise your Hand"to be recognized by the Zoom webinar host. Packet Pg. 2898 R.4.b b) To comment on an item using the live Zoom webinar link: Open this live Zoom webinar link @ htt ://inonroecoLinty-fl.,00v/BoccMeetin(,Jan2O (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) on which you wish to comment, 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 4 on which you wish to speak and enable your participation when the Mayor calls for public speakers on your item. To report problems with the broadcast or participation in the Zoom webinar,please call(305) 872-8831. Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decides to appeal any decision le 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. 0 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 8:30a.m.-5:06p.m.,prior to the scheduled meeting; if you are hearing or N voice-impaired, call "711': Live Closed-Captioning is available via our web portal @ tt a/rnonaoec�aunty .ir�rra2>corrrlCitizens/De rrul rrs�z for meetings of the Monroe County Board of C� County Commissioners. Dated at Key West, Florida, this 14'day of December, 2020. � (SEAL) KEVIN MADOK, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication Dates: Key West Citizen (Sat.) 12/19/2020 0 Keys Weekly (Thur.) 12/17/2020 News Barometer(Fri.) 12/18/2020 z Packet Pg. 2899