Emergency Directive 20-10 BOARD OF COUNTY COMMISSIONERS
County of{` Monroe Mayorll Sher Can th District 3
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Florida Ke s " -\ May, Pr T° Michell c Idtnoa.District2
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/ Sylvia J.Murphy,District 5
MONROE COUNTY EMERGENCY MANAGEMENT
EMERGENCY DIRECTIVE 20-10
June 26, 2020
SUBJECT: Mandatory Face Covering Rules
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 CO V ID-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 II, 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 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-10; 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
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Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOE.CPA
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
WHEREAS, the CDC advises that a significant portion of individuals with coronavirus lack
symptoms("asymptomatic")and that even those who eventually develop symptoms("pre-symptomatic")
can transmit the virus to others before showing symptoms. This means that the virus can spread between
people interacting in close proximity—for example, speaking, coughing, or sneezing—even if those
people are not exhibiting symptoms; and
WHEREAS, the CDC recommends wearing cloth face coverings in public settings where other
social distancing measures are difficult to maintain in order to slow the spread of the virus and help 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
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, an increasing number of state and local governments throughout the United States
are requiring facial coverings to be worn in public; and
WHEREAS,the State of Florida has not preempted local governments from regulating in the field
of minimum health requirements with respect to COVID19; and
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 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
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." Publix Supermarkets, Inc. v. Santos, 118 So.3d 317 (Fla. 3d
DCA 2013); and
WHEREAS,the Florida Legislature has defined the term"transient public lodging establishment"
to mean "any unit, group of units, swelling, 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)l.
WHEREAS, on June 17, 2020, the Board of County Commissioners adopted an ordinance
temporarily requiring people to where face coverings when inside of business establishments,as that term
was defined in the ordinance; and
WHEREAS, the number of infections has increased dramatically since the mask ordinance was
adopted; and
WHEREAS, the County's Emergency Management Director's interim rules are enforceable as
misdemeanors by law enforcement through F.S. 252.47 and F.S. 252.50; and
WHEREAS,on June 25,2020,the Florida Supreme Court concluded that a pandemic is a"natural
emergency" within the meaning of F.S. 252.34(8) and thus the government may enact emergency orders
pursuant to the State Emergency Management Act,see,Abramson v. DeSantis, SC20-646; and
WHEREAS, F.S. 252.46(2) authorizes local governments to issue orders for emergency
management purposes; and
WHEREAS,the Board of County Commissioners has enacted Section 11-3 of the Monroe County
Code,which delegates emergency management authority to the Emergency Management Director; and
WHEREAS, this rule is adopted pursuant to the authority set forth in F.S. 252.46(2) and Section
11-3 of the Monroe County Code.
NOW THEREFORE IT IS ORDERED THAT:
SECTION 1. Definitions. For purposes of this Directive, 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 face. It can be
made of a variety of materials, such as cotton, silk, or linen. A cloth face covering may be
factory-made or sewn by hand, or can be improvised from household items.
(2) Business establishment. A"business establishment"means any location where any business
is conducted,goods are made or stored or processed or where services are rendered. The term
"business establishment" also include locations where non-profit, governmental, and quasi-
governmental entities facilitate public interactions and conduct business. The definition shall
include the entire premises of the business establishment,whether owned or leased,regardless
of whether indoors or outdoors.
(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.
(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 2. Mandatory Requirements
(I) Every person over the age of six(6)who is away from his or her residence shall wear a face
covering when not able to engage in social distancing.
(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) Every operator, employee, customer or patron of a business establishment must wear a face
covering while at that business establishment unless able to engage in social distancing.
(4) The operator and employees of a business or lodging establishment shall ensure that every
individual in that establishment complies with this section.
SECTION 3. Exceptions. Paragraphs(1)and(3)of Section 2 of this directive shall not apply to:
a. Restaurant and bar customers or patrons while dining and/or consuming
beverages while seated.
b. A gym patron engaged in a workout or class when able to engage in social
distancing with the next closest person.
c. Barbershop or beauty salon customers or patrons when wearing a face covering
would reasonably interfere with receiving services.
d. 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.
e. Any person who is under six (6) years of age, or is unconscious, incapacitated
or otherwise unable to remove the mask without assistance.
f Public safety, fire, law enforcement, and other life safety personnel, as their
personal protective equipment requirements will be governed by their
respective agencies.
SECTION 4.. ADA ACCOMODATION. When a customer of a business establishment asserts
that he or she has a disability that prevents the individual from wearing a mask, the owner,
manager,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,
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. Severability. Any provision(s)within this Emergency Directive that conflict(s)with any
State or Federal law or constitution provision, or conflict(s) 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.
SECTION 6. Effective Date. This directive shall take effect upon filing with the Clerk pursuant to F.S.
252.46(2) and shall remain in effect until rescinded by subsequent order.
SECTION 7. Applicability. This directive shall apply countywide except within a municipality that
has adopted a stricter measure.
SECTION 8. 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 including State Attorney investigators.
Violations of this order may be prosecuted by pursuant to F.S. 252.50 with a maximum penalty of up to
60 days in jail and a maximum of$500 fine per occurrence. Each violation shall constitute a separate
occurrence.
Dated this 26th day of June,2020 at 4:00 pm.
Signed:
Shannon Weiner, Emergency Management Director
Approved as to form and legal sufficiency by:
Robert 6. SkUA4.nger. Jr.
Robert B. Shillinger
Monroe County Attorney