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Item B1 County 0f Monroe f f BOARD OF COUNTY COMMISSIONERS " Mayor Michelle Coldiron,District 2 The Florida Keysq� ^ Mayor Pro TernDavid Rice,District 4 f+ ' Craig Cates,District 1 Eddie Martinez,District 3 Mike Forster,District 5 County Commission Meeting May 5, 2021 Agenda Item Number: B.1 Agenda Item Summary #8227 BULK ITEM: No DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard(305) 292-4443 NA AGENDA ITEM WORDING: Discussion and Direction on 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 was 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. That ordinance and its prior iterations are known colloquially as the Mask Ordinance. On 5/3/21, Governor DeSantis issued Executive Order 21-102 that "eliminates and supersedes any existing emergency order or ordinance issued by a county or municipality that imposes restricts or mandates upon businesses or individuals due to the COVID-19 emergency." The County Attorney has opined that the Governor's order applies to the County's Mask Ordinance and so he advised the Code Compliance Department to suspend all enforcement efforts of that ordinance until further notice. The Mayor called the special meeting to give the Board the opportunity to formally vote to rescind the Mask Ordinance and give further direction to County staff on County operations going forward. PREVIOUS RELEVANT BOCC ACTION: 04/21/21 (S-5): No changes made. 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. Packet Pg. 3 B.1 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. 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 EO_21-102 EO_21-101 Special Meeting Memo corrected FINANCIAL IMPACT: Packet Pg. 4 B.1 Effective Date: TBD Expiration Date: TBC 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: No If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A N/A REVIEWED BY: Bob Shillinger Completed 05/04/2021 11:17 AM Liz Yongue Completed 05/04/2021 12:09 PM Board of County Commissioners Pending 05/05/2021 9:00 AM Packet Pg. 5 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. c 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 y 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 N 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 c 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, s or sneezing—even if those people are not exhibiting symptoms; and Q 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 Page 1 of 8 Packet Pg. 6' WHEREAS, cloth face coverings are relatively inexpensive and readily available as the CDC states they can be made from household items and provides online guidance for making"do- it-yourself"coverings for people that cannot or do not want to buy one from the increasing sources producing and selling coverings; and WHEREAS, the Board finds it is in the best interest of public health, safety and welfare of the residents and workers of, and visitors to, the Florida Keys to require suitable face coverings in public locations to slow the spread of COVID-19; and WHEREAS, the Board finds the inconvenience of an ordinance requiring the use of face coverings or other suitable face coverings is minimal compared to the risk to the health, safety, and welfare of the community were no such rule imposed; and 0 WHEREAS, the Board finds implementation of this ordinance is necessary for the preservation of the health, safety, and welfare of the community; and a� WHEREAS, Section 1(f) of Article VII1 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 y 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 N 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 c F.S. 252.50; and 0 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 Q 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 S Packet Pg. 7 B.1.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 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 a� 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 0 state" such as Monroe County and its five municipalities;F.S. 252.38;and N 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 v e 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 c 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 v of a business establishment that is open to the public,except as specified; and Q 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. 8', • B.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 niaterials,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, en regardless of whether indoors or outdoors. The term does not include M educational institutions operating within Monroe County, which have adopted their own protocols. c (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 N business or controls the operation of the business, even if only for a period of C4 time, regardless of the formal title or role health by that individual. v e (5) Social Distancing. "Social distancing" shall mean keeping space between c yourself and other persons by staying a minimum of six (6) feet away from another person. E s SECTION 3. Recommended standards of conduct. U (1) Vulnerable Populations. Individuals older than 65 years of age and Q 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. 9 • B.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. (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: c a. Restaurant customers or patrons while dining and/or consuming beverages while seated at a table. �e 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 o a face covering would reasonably interfere with receiving N services. o d. Business operators and employees who are in an area of a v 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 o employment but not within 6 feet of another person, that operator or employee does not need to wear a facial covering. E This exception does not apply to operators and employees who U are present in the kitchen or other food and beverage Q 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 S Packet Pg. 10 B.1.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. SECTION 5. Penalties and Enforcement. This ordinance may be enforced in the following manner: c 0 (1) Quasi-Criminal Offense. 3 a. Any state, county, or municipal law enforcement officer may N 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 Wh 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. o N (2) Civil Citation. a. A county or municipal code compliance or county, municipal, v 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 E subsection and found in violation of this ordinance may be U punished by a fine of up to $500.00. c. If a person issued a citation does not wish to contest the Q 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. 11 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. c 0 (5) Private Right of Action. Any natural person may seek injunctive y relief in the Circuit Court for the 16`" Judicial Circuit to enforce U 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, o customer, and/or patron who refuses to wear a face covering to N vacate the premises or face prosecution of trespass. 0 v 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. c SECTION 7. Severability. If any section, subsection, sentence, clause, or provision of this E ordinance is held by a court of competent jurisdiction to be invalid, the remainder of this ordinance v shall not be affected by such invalidity. Q SECTION 8. Applicability and Conflict. This ordinance is intended to have countywide application except within a municipality which has adopted an ordinance in conflict this this ordinance pursuant to Article VIII, Section I of the Florida Constitution. All County ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 9. Effective Date. This Ordinance shall take immediate effect upon adoption and shall be filed with the Department of State. SECTION 10. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this ordinance shall sunset on June 1, 2021, subject to quarterly review. Page 7 of 8 Packet Pg. 12 B.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 IiMayor Pro Tem Michelle Coldiron Yes Commissioner Craig Cates Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes ip, BOARD OF COUNTY COMMISSIONERS IN MADOK, Clerk OF MONROE COUNTY,FLORIDA c By: By: As Deputy Clerk Ma or H&ffher Carruthers 0 N O N N M O d V C C i O C d Q E L O C"7 i'` U MONROE tWry ATTORNEY To CD TO F R wNGIER,jR. uCD 7 ow E Page 8 of 8 Packet Pg. 13 V 10EYVWEST Rs_t,F1 �� S�P1 � ZO 11OLHZEN ATTC'RNFY The Florida Keys Only Daily Newspaper,Est. 1876 MCSI4Rt1C 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 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- -- Before y personally appeared 2020 at 5:05 P.M.,or as soon thereafter grated pa a that includes the agenda y as may be heard,the Board of County and agenda backup. M Commissioners of Monroe County,Flor- U l C Ir' who on oath says that he or she is ida,intends to consider adoption of an 1f a citizen has a&W device,they can 4 ordinance or ordinance(s) amending search for and add "MCTV" to their one or both of the following County personal lineup. Monroe County's y �Lo of the Key West Citizen,a daily Ordinances related to COVID-19: MCN' is also provided via the Mon- c roe County mobile appsfor,iMand 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 published in said newspaper In the issues of BOARD OF COUNTY COMMISSION- 0 ERS OF MONROE COUNTY, FLORIDA Citizens can listen to audio only from Y AMENDING ORDINANCE No.014-2020, their phone by dialing(646)518-9805 try 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 2 MANDATE THAT INDIVIDUALS WEAR followed by the#key. A FACE COVERING IN PUBLIC IN CER- TAIN further says that the Key West Citizen is a newspaper published in Key TAIN CIRCUMSTANCES; ESTABLISHING The public can comment during the live a A MINIMUM COUNTY-WIDE REQUIRE- Public Hearing either by pl+omng in or N 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 link using the following instruc- PROVIDING FOR SEVERABILI Y; PRO- tions: O 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 item by phone: v 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 6833 and,when prompted,enter 120 neither paid nor promised any person,firm or corporation any discount,rebate, FOR AN EFFECTIVE AND SUNSET DATE, the Webinar ID#969 4844 1250 commission or refund for the purpose of securing this advertisement for pubIica- followed by the#key,then•9 to Raise your hand" to be recog- tio the sai ew aper. ORDINANCE N0. 027-2020 nized by the Zoom Webinar host. AN UNCODIFIED EMERGENCY OR- b) To comment on an it using�a DINANCE BY THE BOARD OF COON- live ZOOM Webinar link:Open this E (Signature of Affiant} _ TY COMMISSIONERS OF MONROE live Zoom webinar link O jittnsll z COUNTY, FLORIDA AMENDING ORDI- www.monroecounty-fl.00v%d- v NANCE 023-2020, AS AMENDED BY pet eo (that also appears in m3 sub r' before me this 28th day of August 2020 ORDINANCE NO. 025-2020, TO MAN- both the published Agenda and 4- DATE THAT ALL BARS,RESTAURANTS, Agenda Packet). when prompt- AND FOOD SERVICE ESTABLISHMENTS ed,enter your email address and CLOSE FROM 12 A.M. UNTIL 5 A.M. name to join the weloinar.When Stazrvu iC S ire] EACH DAY STARTING AT 12 A.M.ON the Mayor calls for speakers on r I 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_ X 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: 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)1 872.8331. AND PROVIDING FOR AN EFFECTIVE AND SUNSET DATE. Pursuant to Section 286.0105, Florida s�o ' Statutes,notice is given that if a person 1`l G7 CoThe September 8,2020 Budget Meet- decides to appeal any decision made by V ing of the Board of County Commis- the Board with respect to any matter yy Wr a sioners of Monroe County,FL will be considered at such hearings or meet- t� '0 conducted via Communication Media ings,he will need a record of the pro- Tech no logy("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 Comcast which record packet Pg. 14 Channel 76, AT&T UVerse Channel 99 and evidence to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in ,order to partid, pate in this proceeding please contact the County Administrator's Office, by prtoning (305) 292-4441, between the hours of 9:30 a.m. - 5C1f1 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 @ I prrrntwaroeco"nty- fl mZ&P-n for meetings of the Monroe County Board of County Corn missioners. Dated at Key West, Florida, this 21st day of August,20211. KEVIN MADOK, Clerk of the Circuit Court and ex ofhcio Clerk of the Board of County Commissioners of Monroe County,Flori OW6RO Key West Citizen NOTICE OF 114TEN�'ICIN TO CONSIDER Teahnnlp �'"-CN T""I usln a onnn 4I- StePuts, app it anydgiven that If e ad,e bpersoy deridwts to apppPl any deolslon rrwad by NiRNOIL N�TI PIR If9tsar pIa"n ,The public is scr nRly the Board wwd4h respect to oily matter erictruratged to watch the rmeet'h9 on considered at surh hearings or meet- NOTICE IS HEREBY GIVEN TO WHOM IT i Mn,nroe, Countys MCTV,new 0nfc4rSt 1ri%he vaii[I need a record of th@ pro- MAY CONCERN that on September R, Channel 76, ;AT&T LfVetfe CI'narrnil S9 ceedings, and,that; for such purpose, :' C 2020 of"5 111 cmais soon,thereafter or rfn the Cof#nty s wwr-�portal 6,6,mil he'rnay need to ens are that a torlr td O as may be heard,,file board Ct a ly, fn p'��a ��5 � tip ecord of the proceedings Is made, N Conurr ssGan rs of Monroe County,,Floc- f ��. Sirnptw select the "Watch ywhdrNy rpcaFrd wnr9,uoN the tes4Glr ny uJ rich,,ilttendstocom'Wer'adoptionefan Lam"Itannerc,to t�ffla^9Nbr Irr .. .afwf MdarroTlp riwsvichitheup'p lls c3i or'.dirial e or otdurancets) amending a�itPi'Iln+e cN ed hoiy�pR" an�nrt�. ,to Irab , N one or botb..of the,followw,ng County rated p.� e that IndUaa3 the agenda � 0 ordinances related%o,COVID-I9; and agen a aUkUpL ADA ASSISTANCE,Ify�oar arm a Person with a disabllfty urino needs $pedal as RPON1 NC Fffsr If a citizen has o QN,.deyka,they can nrcrrrrrrnodatl ns In armor to - c search for and add "htl to their pate it ft proceeding,please contactcis AN UI 0DIFIE6 4111bINANCE Ry''THE ensonaN lineup, Monroe Co lrrty s the County�twfministYa rt Office;by C BOARD Of COUNTY COMMISSION-N N�CTV is,also provided via the Men,- ph rrrra f305 292- f',between the 6RS UE MONRU , U E,Lo JDA roe Cowanty wtnobwle apes for am ltn hour$Of&_30 a.rn.k T: If Arno,yarfdr to >r AMIENIPINGVADJNANCENO 042020, dmW and through our streaming vela fhossheduladniged A ENN ELf NNt`s SUN k1CT ,tf uarehear, f ty ,arNlN 0 portal N .ktgRsIdt� 1711", Li 1 70 0 ANN7 Cl RfN CE Olaf 02D, To t�5ad�We chIAnawplive. Cl rl C�ptlprrin is available via our us MANDATET''NN fVIDUALS P �to 4+1 �r� � A WAGE CCrERI'Nf IN NsINN#fNC NW C6R r itiers car Nisken to ardGa silly fromr lsbntl } on�feult. a crr THIN 011CUhN�STAINC'ES. E TABUSIIINN 'their phone by dialing 1,6A6)'SIR-9RI1S �" � meetings of Nr"I� art eperrrrk fTt?ard A MINIMUM COUNTY-Ti REQUIRE or(669)900-68f and,when prompted, of Cou my Commissioners, N VENT, EXCEPT TO THE EXTENT OF A enter the Wehinar IDO 969 A i759 MUNICIPAL ORDINANCE IN i6NFUCr followed by the f key., tasted at Ifey West Flsarida, this 71st N PROVIDING R S VE, IUTY: PRO, day of Augwsast,7020 cV VI IN FOR ROE L OF ALL ORDI- The tnubliccan comment durin the live KEVIN� YwADOK, Clerk of M NAwNCES INCONSISTENT HEREWITH, Public Hearing w:lther b phoning In gr the Circuit Court and ex offlclo Clerk of o PROVIUIN F R TRANSMITTAL TO THE" by co °rn nill to the IKa Zotion web!. the Board of County.Commissioners of as SECRETARY OF STATE AND PROVIDING ,nar link using the following h stru€� Monroe County,Hari ra FOR AN EFFECTIVE AND SUNSET DATE, tions. � t026170 Key West Citizen oY ru ittu bw phone° � � c 4 7-7" Dial I64,B, 518-980 dr 66 � 00- �a 603T and,when prompted,enter >r AN UNC UIFIEEa EMERGENCY OR- the Webinar ID9 969 12SB O DINANCIE EE THE SOARq OF C UNN- followed by the 4'key,then 19to +-t TY COMMISSIONERS OF N2O NRtTE 'Raise your hand' to be r oq- C COUNTY, FLORIDA AMENDING PRD1 nixed by the Zooms wwebinar host. � NANCE 9.74 R70, s Nt5 AMENDED RT ORPINAN "ff(), S 2O2Rf TO RANI, by To coitumptit mp:to . ia 9 DATE THAT ALL TARS.RESTAURANTS, turf tMe ,,tar ripen this AND FOOD SERVICE ESTA6ItSHRIbNTS live Zoom ywebin6r link 0 MWW CLOSE FACIM TV A,,M UNTIL S A. W..MOH,r e p Q EACH DAY STARTING AT 17 A.N.ON ge5go, Ithat also dppears in AUGUST 19";20 4 ENDING AT$ oth the published Agenda and ABM.ON SEPTEMBER 7,70 0;PRUHI Agenda Packet), When garompt- i ITIN ALCOOOL SALES:FROM 17 AM, e enter your ernail address and UNTIL 7 A.M.E DAY STARTING AT name to join the we roar.When 12 &M, ON AUG0,ST'1% 297b'AND the mayor colds for speakers on ENDING AT 7 A M',CN9 S€PTEMBfR 7. the item(s)you wish to comment 20 01 EXTENDINih'THE SUNSET DATE on,or'when the Board)is nearing ' To' MOINI)k Si4qEMBER 7" 7070 AT your item(s)as the rneet nq pro- 11;00 EM"ESTANNfIS11011415 A MINIMUM qresses„select 0,a"Raked Hand'" C U -WIDE REQUIREMENT EXCEPT feature that appears at the!hot- TO THE EATEN'NT+QF A MUNICIPAL R- torn of the oom wwebanar screen l CEIN 17INFEN w PROVIDING G FOR to be recognized by the Zoom, tfiA� PROVIDING EpEAL wblrrnr beef, E ALL IOINAA E%-INIC N��y STENNN HERE' IT 6,111011144,404 1 AE# T e raorpwweibihaf'ho hwlll csu tthe ElIIT7AET ITLE SEERETAR� E SIATE ItrnEydraNsh#olt'on and ergable ARID P VN N R, EFFECTIVE your paid ' atiz yvhdp due �Eor 'AND SUNS SATE., xalls for PuNNNCsp dkers put,Pourile , To I�Naort Irr0121 Tts trwltNs ilia NINoa st The € embei R, 0 Rt+tlgef or',paftIclpeHon In a pm abNnar, Inb of Ore Roaul cif'Cd,u" CmNnirrls- pNaase sail(30,87zsIR�t, sloners of Mon a Ccsunfyw Ft Vwill be Onducted''ve Corrnrutni twon Media PgrWarrt to S tiori 86:01K Florida ' Packet Pg. 15 41 #9 Pmn Od ho' . dig9A s f i�N oar i�t � WPi�1 � "JK t tor! no ev)�i triar m t � h WK tf is to rah "1+'_ 40 1 Ww" e u mad V* ' ASSI$TANC1,1f, �a nert 1110,01000pfio g e w it 44i 3� l �R dun r 1 iR� e that sir a!'accorr n 40005 truerd toner aj0 dQ0 0W, age"(14 ic9p�°ia� Published Weekly �� R , e ct- Marathon,Monroe Count Florida rr r r a _ t s ' ��h a hlr�ey+ . � �s for , �R60R (30 ' �k lea thr>Ias I �e of PROOF OF PUBLICATION �� I << ,ca r er r 1 , Nt rnbi� enrmred� TATEOFFLOL],t l � Wild '� � ii M", yll, , OroCOUNTYF £ VR r � 14 tftlm �a Before the undersigned authority personally appeared JASON KOLER who do rear , on oath, says that he is PUBLISHER SHER � ted this the WEEKLY NEWSPAPERS, a weeklylimp� day f �hl �i� �� {{ MAN ,TSFeOk e c newspaper published in Marathon, in PAT �t �� ri Nr ,fart o Monroe County, Florida: that theme�p �9 y py y� P � N$ l �l y 'xA� hilAl4"A'sr.� At 'Apir R er �r�!efcSar�,rat�', attached co of advertisement was cfdcT 11 DR, tr lir ' iRrmwa , oe published in said new p a in the R �L�� � t�R Rser R��r ��t� r �of � Ar ei vu ': issues of:(date(s)of publication) Ifi � il tRf�i iaa �lirr�arsr t IIdRRirtcPy liistraatar�s a� . ) itllla fa A hy O Affiant further says that the said WEEKLY `� 1 ��fi �pF Riser y r i Nam', h � � th NEWSPAPERS is a newspaper published RI at Marathon, in said Monroe Count oI NCE � e�e� r y �'., it evmblhpr Florida,and that the said newspaper has boo, `1 o heretofore been continuously published At e c14 In said Monroe County, Florida, once each week (on Thursday) and has been ICC >tR �)a o qualified as a second class mail matter at t � tt ,. "� pl� T5,Aar Ali 0d0s 4aid no c the post office in Marathon, In Monroe was !nay,When OR, Count Florida,fora period of one year r �lsr� rs newt preceding the first publication of i� .' YT�r4 oorntfr lWtdis O the attached copy of advertisement.The 1Aa�., t , nr9tes1 aster aT aPtaai pr, resseseelt affiant further says that he has neither o ��R ,� t� �9dM� �it t�Are paid nor p y person,promised an firm, or V� °SETI Wit' r tthe tto TQA �1 aa��rar ra tb corporation any discount, rebate, �tk REt rk ," U commission or refund for the purpose ur ose of ' � � lm � t � securing this advertisement For ( ) knd er publication in the said newspaper(s)and �' R IRi�f iRRee that the Weekly+ Newspapersj5 infull lianc with ChFke �f_tbc �J �hi� klk < FroriRaI FloridaState Sta1des on Lggal and Official Advertiserne% n ti i raat ra a€ Is � v�h ar �irrcp n fade Sw n to and subscribed before me "a r t � r r p t �i r t (SEAL rro s � t �Rd'd'ir nq l arr�a floe ,.. on Notary � 3 €. TERRY FATTERSM AW SSt III 00 t ►t7, 1 .0 - Packet Pg. 16 4WOI 4FE 1 i� vp saw • r r a E: r r - r. as r, r i i i am • d • 1! w i �' ., . . ■ ! i;. # ■ it ! #"" !� ,:� . � r ...i i9 i x `i : ii • i s ONO l it tit,s 1 6 y s i,, s i i iTo Alto A-01 q.i op 3,- A toy 0 call - � A tt .k � 2 tf ky r � if bRl� It t i is is(nos rat s V�1Jr \� is i ' S s Wilc 3`! 1 i " 7` ` s(; s M All ionics t' + zi i s Itt st`If�s s m E t £,��qq t a 'Sub) t t + 7 s 1 ,Y s Will rS s tWNS s Packet Pg.18 B.1.a cawer� Kevin Madok, cPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida September 24, 2020 Department.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, 3 as amended by Ordinance No. 022-2020, as amended by Ordinance No. 024-2020, as amended N by Ordinance No. 026-2020, to mandate that individuals wear a face covering in public in certain a� circumstances; establishing a 1nininiu n county-wide requirement, except to the extent of a � Municipal Ordinance in conflict; providing for disposition of fines by(fie Clerk; providing for � severability providing far repeal of all Ordinances inconsistent herewith;providing for transmittal 2 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 a feel tree to contact me at (305) 292-3550. N N 0 Respectfully Submitted, v Kevin Madok, CPA, Clerk of the Circuit Court& Comptroller& p ex-officio to the Monroe County Board of County Commissioners s v bj: P:ulx la G. Hancock, D.C Q 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 30f Packet Pg. 19 p FLORJDA DEPARTMENT f'S'TATE RON DESANTIS LAUREL M. LEE Governor Secretary of State September 25, 2020 a 0 Honorable Kevin Madok Clerk of the Circuit Court o Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 O Attention: Pam Hancock v Dear Mr. Madok: N O N Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your M electronic copy of Monroe County Ordinance No. 032-2020, which was bled in this office on September as 24, 2020. c Sincerely, c 0 E s v Ernest L. Reddick Q Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Packet Pg. 20 B.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**** c 0 N Below, you will find the material that we have received/recorded to your account.This material is being considered for N inclusion in your next/current update, Supplement 21 Update 5 p a� c c Y N Ordinance No. 029-2020 9/3/2020 9/21/2020 PDF 2 Ordinance No. 2020-032 9/16/2020 9/29/2020 PDF a N N V) 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. 0 even weekly. s v Q i Packet Pg. 21 B.1.b STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE NUMBER 21-1.02 (Suspending All Remaining Local Government Mandates and Restrictions Based on the COVID-19 State of Emergency) WHEREAS, on March 9, 2020, 1 issued Executive Order 20-52, declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on September 25, 2020, I issued Executive Order 20-244, suspending the collection of local fines and penalties associated with COVID-19 regulations upon individuals, o .y and on March 10, 2021, 1 issued Executive Order 21-65, categorically remitting all fines upon 0 individuals and businesses alike related to local government COVID-19 restrictions; and c M c WHEREAS, on March 29, 2021, the Legislature presented, and I signed into law, SB 72 =a O --- Civil Liability for Damages Relating to COVID-19, enacted as Chapter 2021-1, Laws of Florida, which provides crucial liability protection to individuals, businesses, educational o institutions, religious organizations, and health care providers for liability claims related to 0 i O w COVID-19; and E WHEREAS, on April 27, 2021, 1 extended the state of emergency initiated by Executive v Order 20-52 as necessary to ensure Florida schools remain open for the remainder of the school Q year, to protect Floridians from being required to produce a so-called vaccine passport as a condition of participating in everyday life, and to implement budgetary response efforts to help Floridians to the greatest extent possible; and WHEREAS,on April 29, 2021, Surgeon General Dr. Scott Rivkees issued a Public Health Advisory (1) stating that continuing COVID-19 restrictions on individuals, including long-term use of face coverings and withdrawal from social and recreational gatherings, pose a risk of Packet Pg. 22 B.1.b adverse and unintended consequences, (2) further expanding vaccine eligibility, and (3) advising government offices to resume in-person operations and services; and WHEREAS, the State of Florida led the national effort to distribute the vaccine to elderly and vulnerable populations and has provided vaccines to nearly 9 million people; and WHEREAS, every eligible Floridian is now legally permitted to obtain a vaccine, and Florida maintains a sufficient supply for every eligible Floridian who desires a vaccine to be vaccinated; and WHEREAS, scientific studies show that vaccines protect individuals from COVID-19 and reduce hospitalizations and deaths caused by COVID-19; and WHEREAS, the State and the majority of local governments have declined to issue mask a� mandates; and M c =a WHEREAS, a select number of local governments continue to impose mandates and p business restrictions, without proper consideration of improving conditions and with no end in N sight; and N WHEREAS, due to the tremendous steps the State has taken to protect Florida's most O� w vulnerable populations and rapidly offer vaccines to every eligible Floridian who desires one, local E s communities Lack justification in continuing to impose COVID-19 mandates or restrictions upon a their citizens; and WHEREAS, with my encouragement, the Florida Legislature passed and I signed SB 2006, a measure designed to curb restrictions and closures of businesses during an extended emergency, to add significant accountability and difficulty for the continuation of any local limitation on the rights or liberties of individuals or businesses,and to declare in no uncertain terms that the policy of the State of Florida will favor a presumption of commercial operation and individual liberty with no toleration for unending and unjustified impediments to that liberty; and Packet Pg. 23 B.1.b WHEREAS, in light of these recently enacted reforms, the widespread vaccination of Florida residents, and the sufficient supply of vaccines for all eligible Florida residents, I find that it is necessary for the State of Florida to enhance its rapid and orderly restoration and recovery from the COVID-19 emergency by preempting and suspending all remaining local emergency restrictions on individuals and businesses and to return day-to-day life back to normal everywhere in the State. NOW, THEREFORE, 1, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida Emergency Management Act,as amended,and all other applicable laws,promulgate the following Executive Order: a� Section 1. In order to mitigate the adverse and unintended consequences of the COVID- c =a 19 emergency and to accelerate the State's recovery,all local COVID-19 restrictions and mandates on individuals and businesses are hereby suspended. N Section 2. This order eliminates and supersedes any existing emergency order or CD N ordinance issued by a county or municipality that imposes restrictions or mandates upon businesses ®� w or individuals due to the COVID-19 emergency. E s Section 3. For the remaining duration of the state of emergency initiated by Executive Order 20-52, no county or municipality may renew or enact an emergency order or ordinance, using a local state of emergency or using emergency enactment procedures under Chapters 125, 252, or 166, Florida Statutes,that imposes restrictions or mandates upon businesses or individuals due to the COVID-19 emergency. Section 4. Nothing herein prohibits a political subdivision of the State from enacting ordinances pursuant to regular enactment procedures to protect the health, safety, and welfare of its population. Only orders and ordinances within the scope of Section 1 based on a local state of Packet Pg. 24 emergency or on emergency enactment procedures due to the COVID-19 emergency are hereby eliminated and preempted. Section 5. This order supersedes Sections 2 and 3 of Executive Order 20-244. Section 6. This order is effective immediately. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to b V ed, at Tallahassee, 3rd day of May, 2 ON DES. S, VER OR °� ATTEST: c c SE0kETARY OF STAVE p 4-1 J , N a W s v R Q Packet Pg. 25 B.1.c S" TATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 21-101 (Invalidating All Remaining Local Emergency Orders Based on the COVID-19 Emergency) WHEREAS, on March 9, 2020, I issued Executive Order 20-52, subsequently extended, declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, the State of Florida led the national effort to distribute COVID-19 vaccines to seniors first and has now provided vaccines to nearly 9 million people; and 0 WHEREAS, every Floridian who desired a vaccine is eligible to obtain one, and Florida N now maintains a sufficient supply of COVID-19 vaccines for every eligible Floridian who desires a vaccine to be vaccinated; and c �a L WHEREAS, scientific studies show that vaccines protect individuals from COVID-19 and 0 reduce hospitalizations and deaths caused by COVID-19; and 0 WHEREAS, on April 29, 2021, Surgeon General Dr. Scott Rivkees issued a Public Health ev i Advisory (1) stating that continuing COVID-19 restrictions on individuals, including long-term w use of face coverings and withdrawal from social and recreational gatherings,pose a risk of adverse s v and unintended consequences, (2) further expanding vaccine eligibility, and (3) advising a government offices to resume in-person operations and services; and WHEREAS, due to the tremendous steps the State has taken to protect Florida's most vulnerable populations and rapidly offer vaccines to every eligible Floridian who desires one, local communities lack justification in continuing to impose COVID-related emergency orders restricting the rights and liberties of their citizens; and Packet Pg. 26 B.1.c WHEREAS, on May 3, 2021, 1 signed into law SB 2006 - Emergency Management - which provides, effective July 1, 2021, that any emergency order issued by a political subdivision must be narrowly tailored to serve a compelling public health or safety purpose, must be limited in duration, applicability, and scope in order to reduce any infringement on individual rights or liberties to the greatest extent possible, and may be invalidated by the Governor, at any time, if the Governor determines that such order unnecessarily restricts individual rights or liberties; and WHEREAS, it is my determination that the remaining emergency orders issued by the political subdivisions of this State due to the COVID-19 emergency are not narrowly tailored to 0 serve a public health or safety purpose and unnecessarily restrict individual rights and liberties, including the economic and commercial rights and liberties of business owners in this State; and NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the c �a authority vested in me by Article IV, Section I(a) of the Florida Constitution and by the Florida p Emergency Management Act, as amended, and all other applicable laws,promulgate the following Executive Order: N Section 1. In order to protect the rights and liberties of individuals in this State and to o� w accelerate the State's recovery from the COVID-19 emergency, any emergency order issued by a E s political subdivision due to the COVID-19 emergency which restricts the rights or liberties of a individuals or their businesses is invalidated. Section 2. Nothing herein prohibits a political subdivision of the State from enacting ordinances pursuant to regular enactment procedures to protect the health, safety, and welfare of its local population. Only the COVID-19 emergency orders, as defined in SB 2006, enacted prior to July 1, 2021, are hereby invalidated. Packet Pg. 27 B.1.c Section 3. This order is effective beginning on July 1,2021 and shall be immediately filed with the Division of Administrative Hearings. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be xed, at Tallahassee May, 20 ON DESA S, 'OV NOR ATT ST: 0 .7 SE RETARY OF STATE € 0 s. N r CV 0 W C E t V R Q Packet Pg. 28 B.1.d County of Monroe ' "` BOARD OF COUNTY COMMISSIONERS The Florida Keys A Mayor Michelle Coldiron,District 2 t ' � Mayor Pro Tern David Rice,District 4 yi Craig Cates,District I : Eddie Martinez.District 3 Mike Forster,District 5 MEMORANDUM TO: Kevin Madok, Clerk of Courts FROM: Mayor Michelle Coldiron o .N DATE: May 4, 2021 N SUBJECT: Emergency Special Meeting v c M c =a L Please be advised that I am calling a Special meeting for Wednesday May 5, 2021 at 9 a.m. at the Marathon 19 Government Center, 2798 Overseas Highway, Marathon, Florida. The purpose of the Special meeting is a to consider the effects of Governor DeSantis' Executive Orders 2 1-101 and 21-102 that were issued on May 3, 2021. The Board will consider rescinding Ordinance 032-2020, which requires the wearing of 2 facial coverings due to the COVID 19 pandemic. 0 0 Pursuant to Section 1.02(b) of the BOCC AdministrOive P"r~©ce_(]ures.......lease-send written notice of the 0 special meeting to local media outlets. 0 S Michelle C61diron, Mayor g 2 .v BOCC Special Meeting-May 5th,2021 cC You are invited to a Zoom webinar. c When: May 5, 2021 09:00 AM Eastern Time(US and Canada) 0 Topic: BOCC Special Meeting - May 5th, 2021 ca Please click the link below to join the webinar: a littps://www.moiii-oee.oLintv-..,fl.(Yov/BoccSp!L-ciatMayS Or iPhone one-tap : US: +16465189805„94584213126# or+16699006833„945842131264 Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or+1 669 900 6833 Webinar ID: 945 8421 31.26 International numbers available: littps://mcboce.zootn.us/t!/aAmcllbXIIu Cc: County Commissioners Roman Gastesi, County Administrator Bob Shillinger, County Attorney Packet Pg. 29