HomeMy WebLinkAboutOrder No. 20-044 - Face Coverings - County Buildings (06-26-20) ORDER NO. 20-044
AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR
REQUIRING FACE COVERINGS BE WORN IN COUNTY BUILDINGS
TO SLOW THE SPREAD OF COVID-19
WHEREAS, the St. Lucie County Administrator has made the following determinations:
1. COVID-19, a respiratory illness caused by a virus that spreads rapidly from
person to person and may result in serious illness or death, constitutes a clear and present
threat to the lives, health, welfare, and safety of the people of St. Lucie County, and
2. On March 1, 2020, Governor DeSantis declared a Public Health Emergency
because of COVID-19; and, on March 9, 2020, Governor DeSantis issued Executive Order
20-52, declaring a State of Emergency because of COVID-19; and
3. 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
4. The St. Lucie County Public Safety Director declared a local state of
emergency in St. Lucie County based on the COVID-19 virus on March 17, 2020; and
5. The Centers for Disease Control and Prevention (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
6. 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
JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT
1 SAINT LUCIE COUNTY
FILE# 4723512 06/30/2020 10:30:24 AM
OR BOOK 4438 PAGE 1267-1273 Doc Type:ORD
RECORDING: $61.00
people are not exhibiting symptoms; and
7. 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
8. 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
9. 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
10. 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
11. The CDC, the Florida Department of Health and the University of Florida
recommends the use of face coverings, including those which are homemade to slow
the spread of the disease; and
12. The gradual reopening of the State and the County will lead to more
contact between individuals and lead to more potential for the increased community
spread of the disease. Face masks are of great assistance in preventing individuals
who may be shedding the virus, when the virus replicates in infected persons to
spread it to other individuals; and
13. Researchers at the University of Florida believe it is too early to ease
restrictions without enhanced testing in place and that such testing is not
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currently in place and that COVID-19 will be present in the population for a long
time'; and
14. According to the Department of Health, local testing has been
underutilized and the number of individuals tested needs to increase and contact
tracing must increase as well; and
15. Governor DeSantis, on April 29, 2020, issued Executive Order 20-112
designed to ease some restrictions established by Executive Order 20-90 in the
first phase of a plan to fully reopen the State; and
16. Executive Order 20-112 does not preempt the authority of local
governments to add additional restrictions to businesses opened by the Governor; and
17. In a recent United States Supreme Court Case, the Court denied injunctive
relief where California limited attendance at places of worship due to COVID-19. Chief
Justice Roberts described COVID-19 as "a novel severe acute respiratory illness that has
killed ... more than 100,000 nationwide" and noted that "(a)t this time there is no known
cure, no effective treatment, and no vaccine" and "because people may be infected, be
asymptomatic, they may unwittingly infect others." Chief Justice Roberts also stated
"(t)he precise question of when restrictions on particular social activities should be
lifted during the pandemic is a dynamic and fact -intensive matter subject to
reasonable disagreement. Our Constitution principally entrusts the safety and the
health of the people' to the politically accountable officials of the States 'to guard
and protect.' ... When those officials 'undertake to act in areas fraught with medical
and scientific uncertainties,' their latitude 'must be especially broad.' Where those
broad limits are not exceeded, they should not be subject to second-guessing by an
'unelected federal judiciary,' which lacks the background, competence, and expertise
to assess public health and is not accountable to the people." S. Bay United
1 https://mediasite.video.ufl.edu/Mediasite/Play/b8849c7ddbll4f2db5fccObe6a4ecOb41d
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Pentecostal Church v. Newsom, 590 U. S. (2020)(2020 WL 2813056, at 1); and
18. Alachua County issued Emergency Order 2020-21 requiring face masks in certain
circumstances. The County's Emergency Order was challenged in State Circuit Court and in
Federal District Court. Both Courts issued Orders denying Plaintiffs' Emergency Motions for
Temporary Injunction. In denying the request for temporary injunction, State Circuit Judge Donna
M. Keim stated, "The protection of the safety and welfare of the public is inherent in the role of
local government ... The requirement to wear a facial covering during the limited circumstance
set forth in the ordinance is a minimal inconvenience; and it's benefits to the public in potentially
reducing the spread of COVID-19 outweighs any inconvenience. Here, there is a global pandemic
involving COVID-19, a virus which the CDC and others advise is spread through airborne
transmission and is spread by asymptomatic individuals. Multiple sources relied upon by the
County reflect that mitigation is depending upon the use of social distancing and personal
protection equipment, such as face masks/coverings. The County's need to take measures to
control the spread of COVID-19 clearly outweighs the Plaintiff's private interest in not wearing a
mask in the limited circumstances required by the county's emergency order; and an injunction
in this situation would disserve the public interest." Green v. Alachua County, Case No.: 01-2020-
CA-001249 (Order dated May 26, 2020). See also: Ham v. Alachua County Board of County
Commissioners et. al. Case No. 1:20cv111-MW/GRJ (Order dated June 3, 2020 by Chief United
States District Judge Mark E. Walker) ("Plaintiffs have not demonstrated that Alachua County
exceeded its broad limits and this Court, like the Supreme Court, will not engage in second-
guessing"); and
19. On June 5, 2020, Governor Ron DeSantis issued Executive Order 20-139,
moving all counties in Florida, other than Miami -Dade, Broward and Palm Beach Counties,
into Phase 2 of the plan issued by the Task Force to Re -Open Florida, which Order
supersedes Executive Order 20-91, the Safer at Home Order, and supersedes in part, and
extends and modifies other provisions of, Executive Order 20-112; and
20. On June 20, 2020, the State Surgeon General issued a Public Health Advisory
providing that all individuals in Florida should wear face coverings in any setting where
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social distancing is not possible; and
21. Based on recent information and data from the St. Lucie County Department
of Health, the number of confirmed cases of COVID-19 in St. Lucie County has increased
significantly since additional re -openings were authorized under Phase 2 of the
Governor's Plan for Florida's Recovery; and
22. Based on advice from medical professionals, the number of confirmed cases
of COVID-19 in St. Lucie County will increase exponentially if additional measures to stop
or slow the spread of COVID-19 are not instituted; and
23. The County's hospitals and doctors in our community have expressed
concern that over the past month, hospital admittance for COVID-19 has had a
significant increase; and
24. The CDC and Florida Department of Health continue to remind residents
that by wearing a face covering, the resident protects others from exposure as well
as themselves; and
25. Additional steps are needed to minimize the spread of COVID-19 in
response to the recent spike in positive COVID-19 cases and hospital admittances;
and
26. Requiring the wearing of face coverings in County buildings will reduce
the spread of COVID-19 among the public and County employees; and
27. In determining whether to issue this Order, the County Administrator
considered information received from the Department of Health, the University of Florida,
State Surgeon General, CDC and other health care providers and medical professionals
regarding challenges raised at this point in time by COVID-19.
NOW, THEREFORE, BE IT ORDERED AS FOLLOWS:
1. St. Lucie County Government Facilities Face Coverings Required. Effective
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Monday, June 29, 2020 at 8:00 a.m., all persons working in or accessing St. Lucie County
governmental buildings shall wear a facial covering as defined by the CDC when in the presence
of others. A facial covering shall not be required when a person is located in a room or office
within a County building that is not accessed by other persons and there is no other person
present. For purposes of this section, St. Lucie County governmental buildings shall mean any St.
Lucie County -owned and operated buildings including, but not limited to, office buildings and
libraries. Face coverings shall not be required for children under 2 years of age, public safety, fire
and other life and safety personnel, and persons with medical conditions or disabilities that are
not compatible with masks. Face coverings shall not be required for individuals participating in
indoor sporting or physical fitness events provided 6' physical distancing between participants
can be maintained.
2. A face covering includes any covering which snugly covers the nose and
mouth, whether store bought or homemade, and which is secured in place. Persons who wear
masks should review the CDC and Florida Department of Health guidelines regarding properly
and safely applying, removing, and cleaning masks.
3. Medical and surgical masks, such as N95 masks or other similar medical
surgical masks, should be reserved for health care personnel, police, fire fighters, emergency
management and other first responders engaged in life/safety activities.
4. Any provision of this Order that conflicts with any state or federal law or
constitutional provision, or conflicts with or are superseded by a current or subsequently -issued
Executive Order of the Governor of the State of Florida or the President of the United States, shall
be deemed inapplicable and deemed to be severed from this Order, with the remainder of the
Order remaining intact and in full force and effect. To the extent application of some or all of the
provisions of this Order is prohibited on the sovereign land of a federally or state recognized
sovereign or Indian tribe, such application is expressly excluded from this Order.
5. This Order does not apply to buildings of municipal governments within
the County, the St. Lucie County School District, the States University System, the State
College System, the State of Florida, Federal agencies or public utilities who are
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encouraged to adopt their own rules and procedures regarding the matters set forth
herein.
6. This Order shall expire upon the expiration of the existing State of Local
Emergency, as same may be extended by subsequent order or declaration, unless
terminated by subsequent Order of the Board of County Commissioners or the County
Administrator.
DeSantis.
7, This Order is in addition to the Executive Orders issued by Governor
8. Prior resolutions and emergency orders remain in full force and effect
unless modified or superseded.
9. It is the intent of this Order to seek voluntary compliance and to
educate of the dangers of noncompliance. The St. Lucie County Sheriff, other law
enforcement agencies, including municipal law enforcement agencies, are authorized to
enforce the Order. Prior to pursuing enforcement, law enforcement personnel shall
request persons to voluntarily comply by either wearing a face covering or leaving the
County building. In the event a person refused to comply voluntarily, a violation of this
Emergency Order may be enforced by prosecution as a misdemeanor of the second
degree pursuant to Sections 252.47 and 252.50, Florida Statutes punishable as provided
in Section 775.082 or 775.083, Florida Statutes.
10. This Order shall be filed in the Office of the Clerk of the Circuit Court.
Signed thisv_& day of 2020 at "1 ! 3b (a.m.) m.)
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County Administrator
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