Emergency Directive 20-08 2nd Amendment i �� WARD OF COUNTY COMMISSIONERS
County of Monroe
�`1 Mayor Heather_Carruthers,District 3
4 A/ MayorP OT mM hcllc Qdd'mR Dist d2
The Florida Keys Craig Cates,District I
David Rice,District 4
Doc B 2266313 BM 3112E Pg#1823 SYlvla1.Murphy,Districts
Recorded 5/18'2020 838 AM Page I of 7
Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK,CPA
MONROE COUNTY EMERGENCY MANAGEMENT
EMERGENCY DIRECTIVE 02-08,second amendment
May 16,2020
SUBJECT: MONROE COUNTY IMPLEMENTATION OF EXECUTIVE ORDER 20-112,
(PHASE 1: SAFE,SMART,STEP-BY-STEP PLAN FOR RECOVERY)and
EXECUTIVE ORDER 20-120 (EXPANDING PHASE 1).
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
----------—dueicr 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 11, 2020, the World Health Organization declared the spread of
COVID-19 to be a global pandemic; and, on March 13, 2020, President Trump declared a national
emergency concerning COVID-19; and
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
WHEREAS, on March 15, 2020, the County Mayor declared a State of Emergency in order for
the County to take actions to protect the health, safety, and welfare of the community due to the novel
coronavirus, COVID-19 pandemic; and
WHEREAS, that declaration and Section 11-3 of the Monroe County Code vest the Emergency
Management Director with the authority to issue emergency directives;and
WHEREAS, on March 16, 2020, President Trump and the Center for Disease Control and
Prevention (CDC) issued the "15 Days to Slow the Spread" guidance advising individuals to adopt
far-reaching social distancing measures, such as 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, on March 29, 2020,the President extended such guidance to be in effect until April
30,2020;and
WHEREAS, on March 31, 2020, the President updated the guidance, renaming it"30 Days to
Slow the Spread," and along with the Coronavirus Task Force urged Americans to continue to adhere to
the guidelines and expand community mitigation efforts;and
WHEREAS, on March 17, 2020, the Governor of Florida issued Executive Order 20-68,
prohibiting the sale of alcoholic beverages at certain establishments and placing certain limitations on
gathering for bars,restaurants, and beaches;and
WHEREAS, on March 20, 2020, the Emergency Management Director issued Emergency
Directive 20-20 that closed the Florida Keys to all tourists and leisure visitors;and
WHEREAS, on March 23, 2020, the Governor of Florida issued Executive Order 20-80,
requiring all individuals that fly into Florida from states with substantial community spread to
self-isolate in Florida for 14 days or the duration of their trip, whichever is shorter; and
WHEREAS, on March 24, 2020, the Governor of Florida issued Executive Order 20-83,
directing the Surgeon General and State Health Officer to issue a public health advisory to all persons
over 65 years of age and to person with certain underlying conditions that place them at high risk of
serious illness from COVID-19 to urge them to stay home and take measures to limit their exposure to
COVID-I0;and
WHEREAS, Executive Order 20-83 further directs the Surgeon General and State Health Office
to issue a public health advisory against all social or recreational gatherings of 10 or more people; and
WHEREAS, on March 27, 2020, the Governor of Florida issued Executive Order 20-86,
requiring all individuals that enter into Florida from states with substantial community spread to
self-isolate in Florida for 14 days or the duration of their trip,whichever is shorter;and
WHEREAS, on March 27, 2020, the Governor of Florida issued Executive Order 20-87,
suspending vacation rental operations in the state;and
WHEREAS, on March 30, 2020, the Governor of Florida issued Executive Order 20-89
directing Monroe, Miami-Dade, Broward, and Palm Beach Counties to restrict public access to
nonessential businesses and facilities;and
WHEREAS, on April 1,2020,the Governor of Florida issued Executive Order 20-91 requiring
senior citizens and individuals with a significant underlying medical condition to stay at home and
take all measures to limit the risk of exposure to COVID-19, and requiring all person in Florida to
limit their movements and personal interactions outside their home to only those necessary to obtain or
provide essential services or conduct essential activities;and
WHEREAS, Executive Order 20-91 also requires local jurisdictions to ensure that groups of
people greater than ten are not permitted to congregate in any public space;and
WHEREAS, conditions presented by the threat of COVID-19 continue to pose a threat to the
public health that requires dynamic emergency response, including the maintenance of existing orders,
as well as the imposition of additional directives and orders as conditions require; and
WHEREAS, the CDC recently issued a Recommendation Regarding the Use of Cloth Face
Coverings, Especially in Areas of Significant Community-Based Transmission. The recommendation
states in part: "We now know from recent studies that a significant portion of individuals with
Coronavirus lack symptoms ("asymptomatic") and that even those who eventually develop symptoms
("pre-symptomatic") can transmit the virus to others before showing symptoms. This means that the
virus can spread between people interacting in close proximity—for example, speaking, coughing, or
sneezing—even if those people are not exhibiting symptoms. In light of this new evidence, CDC
recommends wearing cloth face coverings in public settings where other social distancing measures are
difficult to maintain (e.g., grocery stores and pharmacies) especially in areas of significant
community-based transmission."; and
WHEREAS, an increasing number of counties and municipalities throughout Florida and the
United States have adopted versions of facial covering requirements, including the City of Key West
(State of Local Emergency Directive 2020-05), Miami-Dade County (Emergency Order 19-20), and
Alachua County(Emergency Order 20-13);and
WHEREAS, on April 29, 2020, Governor DeSantis issued Executive Order 20-112 which charted
out Florida's path to reopening;and
--- -WHEREAS, Executive Order 20-112 includes mandates and recommendations that differ from
Emergency Directive 20-05;and
WHEREAS, the Emergency Management Director rescinded Emergency Directive 20-05 and
replaced it with Emergency Directive 20-08 in order to implement Executive Order 20-112; and
WHEREAS, on May 9, 2020, Governor DeSantis issued Executive Order 20-120, which
authorized barbershops, cosmetology, special salons that adopt appropriate social distancing and
precautionary measures as outlined by the Department of Business and Professional Regulation
(DPBR),to open under limited circumstances;and
WHEREAS, on May 15, 2020, Governor DeSantis issued Executive Order 20-123, entitled (Full
Phase l: Safe. Smart, Step-by-Step. Plan for Florida's Recovery), which relaxed some of the
requirements set forth in Executive Orders 20-112 and 20-120 as well as other prior orders;and
WHEREAS, it is necessary to amend Emergency Directive 20-0 in order to conform that directive
with Executive Order 20-123.
NOW THEREFORE IT IS ORDERED THAT:
I. Monroe County Emergency Directive 20-08 is further amended as set forth herein.
2. All businesses not closed by Executive Order 20-112 shall deploy strategies to reduce COVID-19
exposure for their customers and employees including, at a minimum, the following measures
effective at 12:01 a.m. on May 18,2020:
a. Occupancy limits:
a. For non-essential retail businesses that were closed pursuant to Executive Order
20-91, the business may open but must limit indoor capacity and monitor entrances
and exits to reduce their maximum occupancy to no more than 50% of their
building occupancy. Businesses that have multiple entrances and exits shall
establish a protocol of entrance only and exit only points.
b. For essential businesses that were permitted to remain open under Executive Order
20-91,the business may continue to operate as before including limiting indoor
capacity and monitor entrances and exits to reduce their maximum occupancy to no
more than 50%of their building occupancy. Businesses that have multiple
entrances and exits shall establish a protocol of entrance only and exit only points.
b. Provide alcohol-based hand sanitizers for use by customers and employees, subject to
availability of supplies.
c. Provide disinfecting wipes at points of entrance, cash registers, and/or other appropriate
locations, subject to availability of supplies, for customers to disinfect carts, shopping
baskets, or point of sale terminals. In the alternative, businesses shall designate staff
responsible for disinfecting carts, shopping baskets,point of sale terminals,and other areas
as frequently as possible.
d. Implement procedures to ensure that both employees and customers remain at least six feet
apart whenever possible. Such procedures shall include, but are not limited to, marking
floors at appropriate intervals to guide lines inside and outside of the business, or providing
other visible systems to allow a person to maintain proper social distancing.
e. All salad bars and other self-serve food stations must close.
f. There shall be no distribution of free samples or conducting tastings.
Implement procedures for custodial/janitorial staff to sanitize frequent touchpoints
throughout the day, including point of sale terminals at registers, conveyor belts, door
handles,door plates, shelves,tables and chairs,and other appropriate locations.
h. Comply with the additional requirements and guidelines with respect to the use of personal
protective equipment,as set forth below in Section 8.
i. Must abide by safety guidelines issued by the CDC and OSHA.
j. Employees and patrons must wear masks at all times.
3. Additional rules specific to restaurants and food establishments licensed under Chapter 500 or
509, Florida Statutes.
a. Indoor seating is limited to no more than 50% of their seating capacity, excluding
employees.. The requirement for a minimum of 6 feet between parties is superseded to
the extent appropriate partitioning is in place.
b. Outdoor seating at restaurants and food establishments shall comply with appropriate
social distancing and maintain a minimum 6 feet between parties, only seating parties of
10 or fewer people and keeping bar counters closed to seating.
c. All salad bars and other self-serve food stations must be closed.
d. Restaurants must implement procedures for staff to thoroughly sanitize tables,chairs, and
table items (salt and pepper shakers, sugar dispensers, etc.) during each turnover after a
customer.
e. Restaurant employees must take reasonable measures to disinfect each menu after each
use. Alternatively, the restaurant may use menus that must be disposed of after each
customer.
f. Bar counters are to remain closed to seating of the restaurant.
Employees must wear masks at all times but patrons may remove masks while eating and
drinking.
4. Bars and nightclubs must remain closed. However,the retail sales component of such a business
may open under the restrictions set forth in paragraph 1.
5. Businesses performing personal care services such as barbershops, salons, nail salons, and
massage studios may open with 25%capacity under the following conditions:
a. Mandatory rules
i. All customers will be by appointment only.
ii. There shall be a minimum of 15 minutes between the conclusion of an
appointment and the beginning of the next appointment for proper disinfecting
practices.
iii. No group appointments are permitted.
iv. Masks must be worn by all employees while performing personal services.
v. Customers must wear masks except to the extent a mask unreasonably interferes
with the provision of professional services.
b. Suggested guidelines.
i. Thoroughly clean and disinfect prior to reopening. Make sure to disinfect all
surfaces, tools and linens, even if they were cleaned before the business originally
closed. This type of cleaning should continue between each day of operation.
ii. Remote all unnecessary, frequently touched items like magazines, newspapers,
service menus and any other unnecessary paper products and decor from customer
service areas.
6. Gyms, yoga, dance, and fitness centers may open and operate at up to fifty percent(50%)of their
building capacity so long as the business:
a. Adopts safety measures including appropriate social distancing for classes;
b. Provides sufficient cleaning supplies to ensure, at a minimum, to allow patrons to
individually self-clean surfaces and machines using sanitation wipes following each use;
and
c. Follows best practices guidelines published on the DBPR website.
7. Museums may open and operate at up to fifty percent (50%) of their building occupancy.
Municipalities are free to set more restrictive or lenient rules with respect to museums located
within their boundaries.
"o. Covering of Nose and Mouth. Except as provided herein, effective at 12:01 a.m. on May 4,
2020:
a. Except as provided for in paragraph 3g, all employees and customers of businesses shall be
required to wear a form of covering over their nose and mouth at all times while inside such
business. All individuals providing delivery services shall wear a form of covering over their
nose and mouth while making deliveries.
b. A covering over the nose and mouth may include a face mask, homemade mask, or other
cloth covering,such as a scarf,bandana,handkerchief or other similar cloth covering.
c. In addition to the requirements applicable to the business identified in subparagraph a above,
all businesses are strongly encouraged to wear a form of covering over the nose and mouth as
described above.
d. All businesses are strongly encouraged to implement other appropriate policies that follow
the CDC's Interim Guidance for Business and Employers to Plan and Respond to
Coronavirus Disease 2019 and other available industry-specific guidance to protect
employees and prevent workplace infections.
e. The requirements of this Section shall not apply to any outdoor activity permitted under any
applicable government order, except as provided herein with respect to persons providing
delivery services.
f. Nothing herein shall operate to restrict any employee or customer from accessing any retail or
commercial establishment to address any emergency or other exigent circumstance.
g. Medical and surgical face masks, such as "N95" masks, are in short supply and should be
reserved for health care personnel and other first responders with the greatest need for such
personal protective equipment. Persons are encouraged to review and comply with the CDC
and Florida Department of Health guidelines on personal protective equipment, including
with respect to the use of face masks.
9. Any person who has been diagnosed, or is reasonably believed to have been infected, with
COVID-19 shall separate themselves from all individuals who are not infected to prevent the
possible spread of the disease. Such individuals shall continue to isolate themselves until a
health care professional and the state or local Department of Health notifies the individual that he
or she are not longer subject to isolation.
10.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.
11. This Directive does not affect or limit the operations of Monroe County, any public utility, the
Monroe County School District, or any County, State, or Federal office or facility, except that
such entities shall abide by the restriction of any County, municipal, State or Federal emergency
order,as applicable.
12. The provisions of this Directive shall serve as minimum standards.
13. Severability. Any provision(s) within this Emergency Directive that conflict(s) with any State or
Federal law or constitution provision, or conflicts) with or are superseded by a current or
subsequently-issued Executive Order of the Governor or the President of the United States, shall
be deemed inapplicable and deemed to be severed from this Emergency Directive, with the
remainder of the Emergency Directive remaining intact and in full force and effect. To the extent
application of some or all of the provisions of the Emergency Directive is prohibited on the
sovereign land of a federally or state recognized sovereign Indian tribe, such application is
expressly excluded from this Emergency Directive.
14. Effective Date; Duration. This Directive shall be effective May 4, 2020 at 12:01 a.m.. This
Directive shall expire upon the expiration of the existing State of Local Emergency, and shall
otherwise continue as same may be extended by subsequent order or declaration, unless earlier
terminated by subsequent Emergency Order.
15.This Emergency Directive is in addition to the Executive Orders issued by Governor DeSantis
and other state or federal agencies.
16. This directive shall apply countywide except in a municipality that has adopted a stricter
measure.
17. Enforcement. Violations of this order may be investigated by the code compliance department
for the local government with jurisdiction over the location of the property. Enforcement action
may be taken by any state or local law enforcement officer..
18. Violations of this order may be prosecuted by pursuant to F.S. 252.50 with up to 60 days in jail
and a maximum of$500 fine per occurrence.
19. Priori emergency`' orders remain in force and effect unless modified or superseded.
•
Dated dnb`Ttay of May,2020 atv
Signed;__
ilianni emer, Emergency Management Director
Approved as to form and legal sufficiency by:
Robert B.SXillimaer, 7r.
Robert B. Shillinger
Monroe County Attorney