Item R1 �s R.1
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Michelle Coldiron,District 2
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{sJ ` °' Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
March 17, 2021
Agenda Item Number: R.1
Agenda Item Summary #7905
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 COVID-19 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 on 09/16/2020, resulting in the 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:
02/17/21 (R-4): No changes made.
01/20/21 (Q-4): No changes made.
12/09/20 (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.
09116120 (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 General Purposes Municipal Service Taxing Unit,
FUND 148, less any statutory funds due to the clerk.
09/08/20 (B-1): Board continued consideration of possible amendments to Ordinance No. 026-
2020 to the regular BOCC 9/16/20 meeting.
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R.1
08/19/20 (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.
07/21/20 (C-1): Special Meeting was called by the Mayor to discuss possible cancellation of mini-
season and possible additional protective measures due to 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.
07/15/20 (P-10): Board adopted Ordinance No. 022-2020, amending Ordinance No. 014-2020,
adding criminal enforcement actions, making previously-recommended actions
mandatory, etc.
07/08/20 (D-1): As a result of discussion re: COVID-19 during Commissioner's Comments, the
Board directed the County Attorney to draft an ordinance regarding protective
measures in response to the increase in COVID-19 cases
06/17/20 (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 032-2020
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
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R.1
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
n/a
REVIEWED BY:
Bob Shillinger Completed 03/02/2021 3:37 PM
Bob Shillinger Completed 03/02/2021 3:37 PM
Purchasing Completed 03/02/2021 3:42 PM
Budget and Finance Completed 03/02/2021 3:44 PM
Maria Slavik Completed 03/02/2021 3:51 PM
Liz Yongue Completed 03/02/2021 4:41 PM
Board of County Commissioners Pending 03/17/2021 9:00 AM
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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 INCONSISTENTle
HEREWITH; PROVIDING FOR TRANSMITTAL TO THE
SECRETARY OF STATE AND PROVIDING FOR AN y
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
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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 ALelp 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
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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 ❑f 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) ❑f Article VIII of the Florida Constitution vests the Board with y
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 .2
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 E
Disabilities Act states that the ADA does not require a public accommodation to permit an
individual to participate in ❑r 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, t❑ 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 ❑istrict 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
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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 y
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 y
so as to authorize additional enforcement mechanisms unavailable for enforcing an emergency
2
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 W
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a citation must pay in lieu of contesting a citation; and
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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.
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R.1.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 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, le
regardless of whether indoors or outdoors. The term does not include
educational institutions operating within Monroe County, which have adopted y
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.
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(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.
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(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.
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R.1.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
(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.
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(4) An operator, manager, employee, customer or patron of a business
establishment must wear a face covering while inside of any portion of that y
business establishment that is open to the public. The requirements of this
paragraph do not apply to: y
a. Restaurant customers or patrons while dining and/or consuming c
0
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. e
c. Barbershop or beauty salon customers or patrons when wearing
a face covering would reasonably interfere with receiving W
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.
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R.1.a
(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 ❑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 y
procurement of an arrest warrant. Violations shall be prosecuted
by the State Attorney of the 10h Judicial Circuit. e
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. W
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.
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R.1.a
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 y
relief in the Circuit Court for the 16`" Judicial Circuit to enforce
violations of this section against a violator. Attorney's fees and v,
costs incurred in an action to enforce this ordinance may be awarded
to the substantially prevailing party at the discretion of the court.
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(6) Defenses. An owner, manager, and/or employee of a business
establishment shall not be liable in any enforcement action taken
under this section for the violations of a guest, customer, and/or
patron if that owner, manager, and/or employee directed that guest, .2
customer, and/or patron who refuses to wear a face covering to
vacate the premises or face prosecution of trespass.
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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.
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R.1.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
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A BOARD OF COUNTY COMMISSIONERS
. KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
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By: u.w By:
As Deputy Clerk Ma or Hhdher Carruthers
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MONROE tUwry ATTORNEY
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RTTORh�y The Florida Keys Only Daily Newspaper,Est. 1876
MCSIdROE 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
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE -
fauttasox. Simply select the "Watch
NOTICE IS HEREBY GIVEN TO WHOM IT Live"banner to view the live meeting
Before the undersi in autharit ersonall a eared MAY CONCERN that on September 8, with live closed captioning on an inte
9 Y p Y pp 2020 at 5:05 P.M.,or as soon thereafter grated page that includes the agenda e
as may be heard,the Board of County and agenda backup. ms
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 Man
roe Countymobileappsforiand�ri N
newspaper published in Key West,in Monroe County, Florida;that the attached ORDINANCE NO,026-20Z0_ dMW 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 portal _ _
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 EXTENT OF A by connecting to the Irve Zoom webi-
fore been continuously published in said Monroe County, Florida every day,and MUNICIPAL ORDINANCE IN CONFLICT; nar Truk using the following inMc-
has been entered as periodicals matter at the post office in Key West, in said VIDING I ORNG F REPEALOR EOFMALL t)D- tinny:
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Monroe County, Florida,for a period of 1 year next preceding the first publication NANCES INCONSISTENT HEREWITH; a) Tocommenton an item by vhone: cV
of the attache d copy of advertisement;and affiant further says that he❑r she has SECRETARY OF STATEPROVIDING FOR AND PPao Iv oI�NG 6833E Dial{and}when prompted,518-9805 or 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 CD
commission or refund for the purpose of securing this advertisement for pubIica- followed by the#key,then•9 to W
Raise your hand" to be recog-
ti the sai ew aper. ORDINANCE N0. 027-2020 Hired by the loam Webinar host. ins
AN UNCODIFIED EMERGENCY OR- b) To comment on an it using�a
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/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 0)
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
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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
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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
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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. 2979
Channel 76, AT&T UVerse Channel 99 and evidence
to biE based.
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web portal @ jjny;'r�r -
E for
meetings of the Monroe County Board
of County Corn missioners.
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 Public Notice ! �IR giIR
p8l2620 Key Vtrest Citizen
statutes,notice,is liver)that if,a person at
TICS OF f -to CONSIDER Tachnrate, l C , t usdpt�a fit" dar,Bns a,pBeal any d dslon made Lry ca
oF", I L binar phi igne,fihe public is strongly 1 clip Board wvlfh respect to any matter
encpuroged to watch the oreeting on considered at such hearings or meet-
NOTICE 15 HE'REPYGIVEN T N 17 Monroe County's MCTV on Outcast,r,latg5,he will Deed a record of the pro
MAY CONCERN that ott September 8, Ch nnei 7E, AT AT Lty+eile Channel 95 eeMings, and thhat,for surf) purpose, sm
2020 at SMS Rmil otyas soon thereafter ur pn"4he Count's Web Portal he may need to erasure that a verba, ' 0
as may heard;the Iloard of County. f io"' i 8M I i" tLin record of the prose itngs Is made,
rnnrrssrorrarsol k�lrnceCprnnt 'Flor fg9, infipl Ittot this "tn3rhhr record lno9udas h tutfurtcnY In
Ida,intends to corrsiclet adoption of an Uy#E' Inner to,ul that ilhas tngetotig an it evidence lspon btrhln�l'th�an oat is �
ordinanceor orsflrlannetsl amending w1 Ike dosed- ptipnfogi'Rrt an Into, be b
one or both of th+ follow1ng County gated pa a that lndlloIls the agenda
Ordinances rrstatad to Ca�ttllo-I9: grid agen a backup, ADA ASSISTANCE,If ou a a pm-on U)
If dtiten hds a Rom,efevrce,the can with a di abi ity vvit0 rr tl� sp el l
y a centrrmriatt"runs in order to ptrbci• cn
search for and edd 7CTV" to tbefir paw In t p rig,p intact '�
AN LII C1LaITlETa CtRLtIfdANCE BY THE pe4sonal lln0up, Mohmoe Courity"s the Conan Adminisfralrar%C11TI r by
BOARD OF'COUNTY (tTh1M SSIQN- N1CTV�is also provided via the IMon- 0
phoning 05)292 1,be rI tl
ERS OF MONRQii COU F,L AID rod Csomrty mobile apps fowl and Ail hours of 830 a m ,SaOg p.rrt,pu Her to CD
AItkIEF#OIN dIRCIII NCE N .E1'Bm2f ZIT drpl�and through our streaming web thescheduledmeetln Pit rla hestr
AS AMfNOECI *,,I,6Rt71INlkNCE 4,22 ortal hulas anti a�szt�p inp or twol irtrp r I °711'", Live �
2020 ANfT`JIN E 4 20, To r Iy dhrt nav�tlkwg. Closed Captfpnin i'S available via our M
MANDATE t"NA 1N IBI ,"`ALS b portal � p C I2Is� �
A'FACE COV 111 IN EItBLIC IN'CERW Citizens can listen to audio only front r
T CIRCLIPASIANCES, ESTABLISHING their phone by dialing(646)518-9805 rrtedtiegrsat the Monroe ColaattyBoard U
A MINIMUM Coif -W'IOE REQUIRE- or(669)goo 6, 33 and,when prompted. of Countyr Commissioners
M,ENT,,EIICEPT TO THE EXTENT 1'A enter tire Webinar 1IT#%9 4M 1250 MUNICIPAL blilUkANCE IN CONFUC'fd followed by the if key, Dated at Key West, Ftlorida, this 21st :5
PROVIDING FOR SIIVERARIUTYm PRO- day of Aug ust 2020 CL
VIDING FOR RISP'AL OF ALL OROI. The public can comment duurin5 the live KEVIN MADOK, Clerk of
NANa$ INCONSISTENT HEREW1114f; Public Nearing wither by pltenin kit or the Circuit Cs url`and es dffitic Clerk rod Q
PROVIDING FOR TRANSMIIIAL TO THE' by c�rnnecting to the Ifye Zoom wyebl- the.Board of County Commissioners of
SECRETARY OF STATE AND(PROVIDING naf link using the following lrrstrue- Monroe County;Flory CV
FOR AN,EFFfCTIVEAND SUNSET DATE, tion. QW,6120 Key Arest'Cltiz n cV
M
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Q'MiANCE NO ' 74 Ulal I# SIB 805 or CEB MOO- <U
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AN UNCOLIIFIED EMERGENCY €tR• the Wishner IDO 969 49" 1250
DI ANCE BY THE ROARQ OF COUN- followed by the a key,then*9 to �
Tut COI IMISSIONEIRS CIF MONROE "liaise your hand' to be recog-
COLINTY ElORIcIA'AMENDING ORDI. nixed hy jthe Zoom webinar f-uosE �
NANCE,R.24 t120, S AMENDED BY
ORDINANCE Roo B -mo;To MAW bI �o oL rn dent r I t1I N EE tie
DATE THAT,,ALL BARS.RESTAURANTS, Iyk LrI-y. I11 r gk Open this �
APIO FCICIO SERVICE ESTABLISHMENT$ live 2crom webirtar link 0, 43
CLOSE FROM 12 A.Nh'UNTIL S AM, ww�r ,monroe° ty:tl w`B : E
EACH DAY STARTING AT 12 Alff"ON, lthat o appears In e
AUGUST 19, 2020 ANE? ENDING'+AT"S th the published,Agenda;and cy
A,NL ON'SEPTEMBER 7,2 2f1i PR IfIB- Agenda packet). When prompt i c8
ITING ALCOHOL SALES PROM 12 AvM- e enter your,.ernail address and
UNTIL 7 AM,E BAY STARTING AT name,to join the wolumar.When
12 A NL ONE AUGUST 1% 2f120 AND the Mayor calla for speakers on
ENDING AT 7 AwMw ,off SEPTEMBER 7, the Item W you w kh to comment
2020,, IER'l"ENDIIhrS-.THE!SUNSET DATE on,or when the 0oaard is nearing
TO Mi)NOAY,SEPTEMITER 7"2020 AT your item(s)as the meeting prof
11,1t 'AIEi"i ESTARL15I1I11ING A MINIMUM select the"Raised`Hand'
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signers of M nroe Cowl*,FL trill be
Conducted via Cointinuisiftakimor Media pursuant to Section 284 0105, Florida
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PROOF I PUBLICATION rr
STATE OF FLORIDA
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COUNTY OF MONROE
Adr fh Ckr�chi .
¢k hrtstar� N� rrar� l
ppCiAE �tl ate,
Before the undersigned authority �istth � �
personally appearedAStt lfi{ LER who 1 � Vk " . ti� ;Aiy, �ty
N o f � E R t i 1 MMr �
on oath, says that he is PtRLIHER of NiiR �iN ' E l V..
the WEEKLY NEWSPAPERS, a weekly ", � ��
newspaper published in Marathon, in If
i
�fF ` � 3; rrcrut�r�t
Monroe County, Florida: that the � c� A� � � �
attached copy of advertisement was o F c, �i � �, d d00
��� on'
cA rMIS s4
published in said newspaper in the � ' �' N000 th h r) rrr r
RfP; koSR IA1�tEs ��� � li rn
issues of:(date(s)of publication) W
ET
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Afftrant further says that the said WEEKLY 7 isYYs h'rid�Gied"ie
NEWSPAPERS is a newspaper published ''. Flo tr� YArh
E E#o. ara YY d
at Marathon, in said Monroe County, iF[ RY i ikd g
Florida,and that the said newspaper has �, ��fp, N7 , oirrsli2r
��fHA�ALA r �i ,llhIMr ",h ,)/W.w
heretofore been continuously published �` �' � a.
In said [Monroe County, Florida, once Rt�f ��� �i
th t R0 I
each week ton Thursday) and has been N n# �+ a is N
t2 ,' AC i i9.. �ms$�'ehm �r
qualified as a second class mail matter atc�� � N
the post office in Marathon, In Monroe BE07, 4; ' fi,iriai' h lho �
County, Florida,for a period of one year '� '�H r� r.�a "',
��{R hh t2 A. utrCtll, ReT(S 60 Wish �� �
newt preceding the first publication of A� a� Y5TAi l , ruw Rw � o
` tl''t 19, r�sgl 0 y* rays)a$tip
the attached copy of advertisement.The
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affiant further says that he has neither eR �rarurd
paid nor promised any person, firm, orsiaY� AOj tratth� tt���r
�RRR fi 6' M W ar cr rr'
corporation an discount, rebate, 7, hWd
p y it
commission or refund forthe purpose of �` I�lI rio t W
securing this advertisement for ' ��1� �� fA, ��th 'irh
ublicationinthesaidmews a er(s)and ' lt� A�NCl " a� ta�arrd�� euuwi �p p p s�RI �t ' ( PYlrt , r
that The Weekly+ Iper is rn fll �,�i �"h lsrpr � +s �C
► ! ad
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ianc +avY t i ki Chs� n of i rite rl �t
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Floridato StgitWkj on Legal an 'ldatkd�th "
Official Advertise--n Oil i�ik5E 72
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0" raiariratwrsorndecides
5 n to and subscribed befiare me ,� ���� ;i� �r�
t 's da of A C--,2020.
th�'rrr�t era
Notary
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Marathon-Sunshine Key-Big Pine Key-No Name Key-Little,Middle&Big Tar h Key-Ramrod Key uEnrmrland Key- n e Key ugadoat Key
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 �f � f..:Ur,,rf
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, y
Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter
of;
0
LEGAL NOTICE: INTENT TO CONSIDER ADOPTION OF COUNTY ORDINANCE FACIAL COV-
ERINGS: COUNTY ADMINISTRATOR, HISTORIC GATC BUILDING 1199 SIM€7NTON ST, SUITE
- 95, KEY WEST, FL 33040
was published in said newspaper in the issue(s) of;
AUGUST 2 , 2929CD
.-.
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 cU&otary Printed Blame of Notary
Expires
Personally Known Produced Identification
Type of Identification Produced
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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 0
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 y
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 e
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 me at (305) 292-3550. CL
CD
Respectfully Submitted, CD
N
Kevin Madok, CPA, Clerk of
tic Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
bj: P:ulxla 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. 2984
r
FLORJDA DEPARTMENT Of STATE
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 A
Key West, Florida 33040 0
Attention: Pam Hancock
Dear Mr. Madok: 2
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your �--
electronic copy of Monroe County Ordinance No. 032-2020, which was bled in this office on September
24, 2020. N
Sincerely,
Ernest L. Reddick E
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Packet Pg. 2985
R.1.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
****THIS IS AN AUTOMATICALLY GENERATED EMAIL****
le
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
0
Ordinance No. 029-2020 9/3/2020 9/21/2020 PDF
Ordinance No. 2020-032 9/16/2020 9/29/2020 PDF
N
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. 0
i
Packet Pg. 2986
R.1.b
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on February 17, 2021; March 17,2021;
April 21,2021; May 19,2021; and,June 16,2021 at 1:30 P.M.,or as soon thereafter as the matter may be heard,
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 y
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 A
COUNTY-WIDE REQUIREMENT, EXCEPT TO THE EXTENT OF A c
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.
Please note that public participation in these meetings may be conducted via Communications Media
Technology("CMT"). The connection information for members of the public who wish to attend or participate
in the Public Hearing(s) via a Zoom virtual platform will be posted on the Monroe County website at @
litt ://nionroecountyfl.i n2.com/Citizens/Defaultas x. N
CD
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
P� y P g
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 these proceedings,please contact the County Administrator's Office, by phoning(305) 292-4441, between the
hours of 8:30a.m.-5:00p.m.,prior to the scheduled meetings; if you are hearing or voice-impaired, call "711':
Live Closed-Captioning is available via our web portal @ htt almonroecoun m ah 2.conilCiti�eraslDa e ult as x
for meetings of the Monroe County Board of County Commissioners. 0
Dated at Key West,Florida,this 25th day of January,2021. c
z
(SEAL) KEVIN MADOK,Clerk of the Circuit Court and
ex offzcio Clerk of the Board of County Commissioners E
of Monroe County,Florida
Publication Dates:
Key West Citizen: Sat.,01/30/2021
Keys Weekly(Thur.)02/04/2021
News Barometer(Fri.)02/05/2021
Packet Pg. 2987