Item S5 S.5
`,
County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Me Florida Keys ) �' Craig cares,District l
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: S.5
Agenda Item Summary #3043
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
1:30PM PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to consider changes to Monroe County
Ordinance 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:
03/17/21 (R-1): No changes made.
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.
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S.5
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.
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:
Unknown
STAFF RECOMMENDATION:
DOCUMENTATION:
Ordinance 032-2020
FINANCIAL IMPACT:
Effective Date: TBD
Expiration Date: TBC
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising Costs
Current Year Portion: N/A
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S.5
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: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: N/A
N/A
REVIEWED BY:
Bob Shillinger Completed 04/07/2021 10:33 AM
Purchasing Skipped 04/06/2021 4:56 PM
Budget and Finance Skipped 04/06/2021 4:56 PM
Maria Slavik Skipped 04/06/2021 4:56 PM
Liz Yongue Completed 04/07/2021 12:41 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
Packet Pg.4255
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 c,
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR TRANSMITTAL TO THE
SECRETARY OF STATE AND PROVIDING FOR AN
EFFECTIVE AND SUNSET DATE.
WHEREAS,the Board of County Commissioners of Monroe County,Florida(hereinafter
"Board") finds that COVID-19 presents a danger to the health, safety, and welfare of the public;
and
WHEREAS, the Centers for Disease Control (CDC) advises that COVID-19 spreads
mainly from person to person through respiratory droplets produced when an infected person
coughs, sneezes, or talks; these droplets can land in the mouths or noses of people who are nearby
or possibly be inhaled into the lungs; and studies and evidence on infection control report that
these droplets usually travel around 6 feet (about two arms lengths); and
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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 cans read between people interacting in close proximity—for example,speaking, coughing,
P P P g P Y P P g, g g,
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
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 04
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 0
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 ❑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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Packet Pg.4257
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 2
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 c
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
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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
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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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• S.5.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 ca
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.
04
(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 S
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• S.5.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 y
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. ca
e
(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 2
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.
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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
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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
e
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
Packet Pg.4260
(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: ca
(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 0
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. 2
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 5 of 8
Packet Pg.4261
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`" 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, 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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Packet Pg.4262
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 y
Commissioner David Rice Yes
e Commissioner Sylvia Murphy Yes
m ca
A BOARD OF COUNTY COMMISSIONERS
. KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
Bu•�. B
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As Deputy Clerk Ma or H her Carruthers
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MONROE Wry ATTORNEY
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Packet Pg.4263
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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
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STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER or on the County's web portal 0 httoJl
COUNTY OF MONROE ADoFnONOFCOUNTYORDINANCE 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- y
roe County mobile appsfor iMand An- ms
newspaper published in Key West,in Monroe County, Florida;that the attached ORDINANCE NO,026-20Z0_ 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 I iye=ch _
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 'r—
Wednesday,August 26, 2020 AS AMENDED BY ORDINANCE 022- or(669)900.6933 and,when prompted, M
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 comment d u ring 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 CL
-
fore been continuously published in said Monroe County, Florida every day,and MUNICIPAL ORDINANCE IN CONFLICT; nar Truk using the following instruc- —
CD
has been entered as periodicals matter at the post office in Key West, in said VIDING PROVIDING FORT,OR REPEALERA OFMALL ORD- tinny:
Monroe County, Florida,for a period of 1 year next preceding the first publication NANCES INCONSISTENT HEREWITH; a) Tocommenton an item by phone:
PROVIDING FOR TRANSMITTAL TO THE Dial(646)518-9805 or(669)9006
of the attached copy of advertisement;and affiant further says that he Or she has SECRETARY OF STATE AND PROVIDING 6933 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 CD
commission or refund for the purpose of securing this advertisement for pubIica- followed by the#key,then•9 to co
Raise your hand" to be recog- U
do the sai ew aper. ORDINANCE N0. 027-2020 nized by the Zoom Webinar host.
AN UNCODIFIED EMERGENCY OR- b) To commenton an item using�a
DINANCE BY THE BOARD OF COON- live Zoom yuehinar link:Open this
(Signature of Affiant} _ TY COMMISSIONERS OF MONROE live Zoom webinar link 0 jittnsll
COUNTY, FLORIDA AMENDING ORDI- www.monroecounty-fl.00v%d-
NANCE 023-2020, AS AMENDED BY geMeo (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 Webinar.When
S8ZFfu611i6 S t-re) EACH DAY STARTING AT 12 A.M.ON the Mayor calls for speakers on c�
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
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TJ 3: CD
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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.4264
Channel 76, AT&T UVerse Channel 99 and evidence
to biE based.
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Closest Captioning is available via our
web portal @ jjny;L rnroecourrty-
h 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 gitlR
p8l26,2i1 Key Vtrest Citizen
TICS OF f , T I -t CONSIDER T hnol (� t usdPnt�a zoom liar,stat tes,ntltice s giwetu that if,a person �
pg di eidesto appeal any dKiston made by CD
QF", NANmg,I binar phi igne,fihe public is strongly 1 tltp Board wvllh respect to any matter
encpuroged to watch the mooting on considered at such hearings or meet-
NOTICE IS HE'REPYGIVEN T N 17 Monroe County's MCT y' on Ontraest r,latg5,he will Deed a record of the pro `
MAY CONCERN that ott September 8, Ch nnei 7E, AT AT Lty+efle Channel RS eeMings, and that,for such purpose,
2020 at SMS Rmil otias soort thereafter ur gn the Count's pleb Portal he may need to erasure that a werba, ' tQa
as may hda n the hoard of County. ft .rk 8M I " tim record of the proceecitngs Is made,
Commissionersol krlrnceCprnrd '�lor Ig9, irnpl Ittct thte"Watch which rcrd Includesthe tutfurtcnY t8
Ida,intends to cottstdet adoption of an Uv#''l,@nner to urn that ilhas oteetotig "air Irferrca Upch btrhlc�I'th�at,ai l It �
ordinan of ordinance(s) amending whin INe dosed- ptipnfogi'on an ins, be bled.
one or both of th follor�ing Courify gated ' e that Imirdas the agenda
Ordinances rotated ttr Covio-19! pnu agen a backup, ADA ASSISTANCE,If��^ am aPennon
tufth a df ahffity s�ito need; -rectal
'90ifititen has a R�rieurce,they cart accuunuoodatlorss tut ou r I In
, search for aAd adder" to their pate hr t pry ire ,pose contact
AN LkOIDITIEO ROI BY Tl1E petsonal llro Pup, Monroe Coultty"t the Coon 2ldiministretpr%Cl r y
BOARD OF COUNTY (CtMM SSIQft- ICTV"us also pro�aided via the IMon= pttortlrrg t�t1S)292 4447 bot�rp tlSo Gy
ERS OF IAIONRQii COII FLCIAID rod Csomrty mom ile apps fore_ and Arlr hours of E:�B a m -S"00 io.m,prior to �
AMEF#PDINO;01101INANCE EI .E1440a Orrin and through our streaming web thesdoedufeduteehn pif u are hear-AS AMf NOEDd ,01f,t6ROINIANCE 4,22 portal l tllf ul rr �szt� . lit ore w l r i f"" 1 f", Live
21T2B At�l�`CIRU IN E ditlT„ TO r lye rhTAna �tllwp. Closed aptfgoirt rs awdtfaAle via our
MANDATE t A�INDIA+ ,LrALS porf p ds
A'FACE COVilll IN IFtIBLIC IN'CERW Citizens can listen to audio,only front
TAM CIROJIMSTAACES, E LISHING their phone by dialing(646)SIEL98up meetings of the Memro County Board �
MINIMUM COUNTY WNITIE REQUIRE- or(669)900 6, 33 and,when prompted. of Cocuntyw commissioners
M,ENC°EIICERT TO THE FXTEfFT OF A enter the Webdnar 1D#%9 12.5E �
(MUNICIPAL blilU LANCE IN C'ONFI.IC'fl followed by the E key, Dated at Key West, Ftlorida, this 21st
PROVIDING FOR SIIVERARIUTYm PRO day of August,2o20 CL
VIgIN FOR RE1f'AL F ALL OROI- The public can comment d urin the live KEJIN MADOK, Clerk of
NANCE5 INCONSISTENT HERLYW'lTlff PubliciHearing either, yphoning in or the Circuit count and ex dfficio Clerk of
PROVIDING FOR TRANSMITTAL TO THE' by connecting to the If a Zoom wlebl- the Board of County Commissioners of tV
SECRETARY OF STATE AND PROVIDING inaf Ilmk using the following, lnttrue- Monroe County;Flory ty
FOR AN,PFFE CTIVEAND SUNSETDATE, tion. 1WE120 Key West'Cltiz n cI
al, IL1ra '
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ORQUIlANCIE NO i027-nWII 1a1 IBA 510 80S or CSd B n <u
0833 and,when prompted,eater
AN U14COLt1FIEO EMERGENCY €tR• the Wishner ILL#969 49"1250
IBINANCE BY THE JEOARQ OF COUP(- followed by the a key,then f9 to �
"fit COI IMISSIONEIRS 'Of MONROE "Raise your hand' to be recog-
COUNTY ElORIOA'AMENDING ORErlx ruined hyjthe Zooms webinar fyosE
NANCE,424 t124, AS AMENDED BY
ORDINANCE Roo R -It o,To FAN- bl 10 corn lent r�1 11 N ter t o
DATE THAT,,ALL BARS.RESTAURANTS, Rykazopla,y. Irt ram-gk Open this
Af1O f,00 SERVICE ESTARIISfIF2tEh9F live Zoem wwelairtar iink It
CLOSE ROM 12 A.Nh'UNTI S A.M, wwWw ,uttonroe° 1y:tI �Id:
EACH DAY STARTING AT 12 A,fdf, N M Igtft� appears In E
AUGUST 19, 21I2o Affip ENDING'AT S rb the published Agenda and
A,M.ON 1bEIgTi EMBER 7,2R2fli pR NIEl- Agenda packet). When prompt
ITIN ALCO OL SALES PROM 12 A.M. e enter your,.ernail address and
UNTIL 7 AM,E BAY STARTING AT name to Tom the wobinar.When
112 A IyL ON AUGUST 1% 2OZO AND the Mayor calls for speakers on
ENDING AT 7 XM1 ,oft SEPTEMBER 7, the Item W you ww kh to comment
2020, IEXTENDIN, -.THE'SUNSET DATE on,cry when the 0oaard is neadng
TO WillOAY,SEIsTEIr RjR 7,2020 AT your item(s)as the meetfret prof
11'1t 'AI>a,i ESTAREI511111ING,A MINIMUM ressos„:select the"Ralsod'Hand'
COUNT'-WIDE AEOUIR NIENT CX,CEPT that appears at the hot-
TO THE EXPENT E,A MUNICIPAL ORo tom of the Zoom webinar screen
DWMC11110004F1I T T'RO"f1011,o FOR to be recognized by the Zoom
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Ir1g Of the Boalrpl ofi Co, ty Cootmis�- iphra call IBt15�8T2a I.
stoners of I on eii CowO*,FL will be,
tooducted v4i Co*Iwishicetion Media pursuant to Sect on 284 B105, Florida
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Published Weekly , I "Please"Mole
Marathon,Monroe County,Florida a n �r Ra � hwaRokud �0� �Wr 5RC
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PROOF I PUBLICATION rr prr .
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STATE OF FLORIDA
N51
COUNTY OF MONROE
Aadr h Ckr� �i .
¢krtr� N� rrar� i
Before the undersigned authority �p�I R1 ice, hi s (the"� � n
personally appeared JASON KOLER who � � � tl� ;� l y. ,� ?' �
on oath, says that he is PUBLISHER of �,� �i R �N ' i �i � 1� ���
l daAhk
the WEEKLY NEWSPAPERS, a weekly
newspaper published in Marathon, in , MR 11 , iek Of e U
chdVo"
Monroe County, Florida: that the � c� � � � �
attached copy of advertisement was d , " `Pt� r ss4 n�,
Published in said newspaper in the s�LRiiiiI ' i�rraIrr)ir�rrr
RP; koi
issues of:(date(s)of publication) 1slsfRRR+ x �rnb�rflr� rt ,' " "
yFS _s[] Fyn iiRo +' # 1trw rn
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Affrant further says that the said WEEKLY issY NE, o h'ri
NEWSPAPERS is a newspaper published
' nor h
AoR A era Y Y
at Marathon, in said Monroe County, iY1Ft R i Yaabl
�� it ll 2 6� �?
Florida,and that the said newspaper has , �� � � � �10
heretofore been continuously published � �' � a.
In said [Monroe County, Florida, once ��� CL
each week ton Thursday) and has been ��
'�` f � i'� t Rohl
y Y iN � ai
qualified as a second class mall matter at " � '1%� r1yo,"Or
the post office in Marathon, In Monroe the N
County, Florida,fora period of one year
COMA
newt preceding the first publication of � a` rA# 1 a , ruwRw � o
t
UIST t ly ray rriysi tip
the attached copy of advertisement.The t AT7X �, � "� �y � M
affiant further says that he has neither ture
paid nor promised any person, firm, or ; Tt ttom
of
�RRR
corporation any discount, rebate, �� its �i�� yth
commission or refund for the purpose of
securing this advertisement For ��the�itr h
ll� N1 . raarY ��wt
publication in the said newspaper(s)and ,e . tl �t P o11 p41T
that The Weekly+ Iwslper is rn full � �" lrpr � r
lianc uvi,.tb Ch Rpi r: rfrlt r . re M CC
►�!`� ���off �i ��hR�� i �'�1� � s� �r
Floridato titter on Legal a 'ldarkd�th "
" r rr, � ii iiki
Official Advertise---s. 1 � �, R
Y it Jt r rl tYre s
deodes
5 n to and subscribed before merI i� rar� PCKt
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MEAL ...
th�'rrr�i era
Notary
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EXpfts:December t7,2D21
�"` Packet Pg.4266
Marathon-Sunshine Key-Big Pine Key-No Name Key-Little,Middle&Big Tar h Key-Ramrod Key urnrmrland Key-Cry 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 �,
0)
STATE OF FLORIDA �{ � f..:U r,,r f
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 le
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, 2029
Signature cU&otary Printed Blame of Notary
Expires
Personally Known Produced Identification
Type of Identification Produced
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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 0
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
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 .2
feel tree to contact me at (305) 292-3550. CL
CD
Respectfully Submitted, CD
N
N
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 30 Packet Pg.4269
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
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 N
24, 2020.
cv
Sincerely, c,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Packet Pg.4270
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****
CJ
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
le
Ordinance No. 029-2020 9/3/2020 9/21/2020 PDF
2
Ordinance No. 2020-032 9/16/2020 9/29/2020 PDF
N
CD
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
Packet Pg.4271