Emergency Directive 20-04 BOARD OF COUNTY COMMISSIONERS
County of Monroe 4. , Mayor Heather Carruthers,District 3
The Florida Keys '� ,3, Mayor Pro Tern Michelle Coldiron,District 2
' Craig Cates.District 1
David Rice,District 4 Z o c
Sylvia J.Murphy,District 5 C a o.
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MONROE COUNTY EMERGENCY MANAGEMENT = o
EMERGENCY DIRECTIVE 20-04
April 7,2020 w'
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SUBJECT: Airport Screenings c.
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WHEREAS, Section 252.38(3)(a), Florida Statutes, gives political subdivisions the
authority to declare and enact a State of Local Emergency for a period of up to seven days,
thereby waiving the procedures and formalities otherwise required of the political subdivision by
law; and
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WHEREAS, on March 1,2020, the Governor of Florida issued Executive Order Number,.
20-51, directing the State Health Officer and Surgeon General to declare a Public Health
Emergency due to the discovery of COVID-19/novel Coronavirus in Florida;and
WHEREAS, on March 9,2020, the Governor of Florida issued Executive Order Number
20-52, declaring a State of Emergency for the state of Florida related to COVID-19/novel
Coronavirus; and
WHEREAS, on March 15, 2020, the County Mayor declared a State of Emergency for
all of Monroe County;and
WHEREAS, COVID-19/novel Coronavirus poses a health risk to Monroe County residents,
particularly elderly residents and those who are immunosuppressed or otherwise have high-risk
medical conditions; and
WHEREAS, minimization of contact is necessary to avoid risk of COVID-19 infection for
the residents of the County; and
WHEREAS, the Centers for Disease Control (CDC)has issued guidance entitled "15 Days to
Slow the Spread," encouraging social distancing and maintaining a 6 foot separation between
residents to slow the spread of infection and that events with more than ten attendees either be
cancelled or held virtually; and
WHEREAS, the CDC guidelines are based upon the amount of community spread within a
community and become more stringent where there is minimal to moderate or substantial
community spread; and
WHEREAS, in order to protect the health, safety, and welfare of the residents of Monroe
County, on March 20, 2020, the Emergency Management Director issued Emergency Directive 20-
02, which closed the County to tourists and other leisure travelers; and
WHEREAS, due to the intensity of COVID-19 in other hot spots in the nation, the Governor
has imposed additional screening measures for travelers departing from hot spots, see, Executive
Orders 2020-80, 2020-82, and 2020-86; and
WHEREAS, due to the intensity of COVID-19 in Miami-Dade and Broward Counties, the
Governor has imposed heightened restrictions on residents and businesses in those two counties, see,
Executive Order 2020-70;
WHEREAS,Miami-Dade is the county to the immediate north of Monroe County with the only
means of land access into the populated portion of Monroe County via U.S. 1 and Card Sound Road;
and
WHEREAS, due to the intensity of COVID-19 community spread in Miami-Dade County, the
Mayor of Miami-Dade County has taken a series of steps to curtail the spread of the virus by
prohibiting gatherings by boaters or"rafting" (Miami-Dade Executive Order 8-20), and closing non-
essential businesses (Miami-Dade Executive Order 7-20, as amended), closing parks, beaches, and
recreational facilities (06-20, as amended), and gatherings of groups of 10 or more people in public
(10-20); and
WHEREAS, on March 20, 2020, the Emergency Management Director issued Emergency
Directive 20-02, which closed the County to tourists and other leisure travelers; and
WHEREAS, the aforementioned closures in Miami-Dade County have cause residents there to
travel to Monroe County in violation of Monroe County Executive Directive 20-02, banning leisure
travel and tourists, and
WHEREAS, on March 26, 2020, the Emergency Management Director issued Emergency
Directive 20-03 that directed the Sheriff to initiate check points at the Monroe County line with
Miami-Dade County to screen out unauthorized leisure travelers from entry into the County in
violation of Directive 20-02; and
WHEREAS, on April 6, 2020, the Governor's General Counsel advised the County Attorney
that Executive Orders 2020-80, 2020-82, and 2020-86 authorize the County to conduct screening on
all in bound air travelers on both commercial and general aviation flights except for those exempted
from screening in Section I.A of Executive 2020-86, as incorporated by Section 4 of Executive Order
2020-86 into Executive Orders 2020-80 and 2020-82; and
WHEREAS, the aforementioned exemptions include persons performing military, emergency,
health or infrastructure response, or persons involved in any commercial activity; and
WHEREAS, airport staff will interview passengers to determine eligibility of screening
travelers; and
WHEREAS, all passengers, regardless of purpose of travel, run the risk of being exposed to
COVID 19; and
WHEREAS, FAA regulations direct airport operators to not discriminate against any type of air
carrier; and
WHEREAS, FAA Grant Assurance 22(h) provides that an airport sponsor, Monroe County,
may establish such reasonable, and not unjustly discriminatory conditions to be met by all users of
the airport as may be necessary for the safe and efficient operation of the airport.
WHEREAS, for the foregoing reasons, it is imperative that all inbound passengers be screened
for COVID19 under protocols developed by the Health Department; and
WHEREAS, section 11-3(4)a of the Monroe County Code authorizes the Monroe
County Emergency Management Director to issue directives having the force of
law.
NOW THEREFORE, as Momne County Emergency Management Director,I hereby order the
following:
1. All persons arriving by aircraft who deplane at Key West International Airport and the
Florida Keys Marathon International Airport shall be screened for COVID19 using protocols
developed by the Monroe County Health Department as approved by the Director of
Airports.
2. Screenings may be conducted by personnel of the Monroe County Health Department,
Monroe County Fire Rescue Department, and, when requested by the Monroe County Fire
Chief, personnel of any municipal fire department as approved by the Director of Airports.
3. Each person screened shall isolate or quarantine at that person's own expense for a period of
14 days or the duration of that persons stay in the County, whichever is shorter.
4. All persons screened shall be provided with a copy of this Directive.
5. Violations of this order shall be punishable pursuant to F.S. 252.50, with a period of
incarceration of up to 60 days in jail and a fine of up to $500.00. Additional charges may be
prosecuted if other statutes are violated.
6. This directive shall take effect on Wednesday, April 8, 2020, at 12:00 p.m., after filing with
the Monroe County Clerk,per F.S. 252.46(2).
Signed: % Date: April 7, 2020 Time
d Weiner, Emergency Management Director
Approved as to form and legal sufficiency in advance.
Robert B. Shillinger, Monroe County Attorney