HomeMy WebLinkAboutOrder No. 20-045 - Closing County Beaches 4th of July Weekend (07-01-20) ORDER NO. 20-045
AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR
REGARDING CLOSING COUNTY BEACHES
(FOURTH OF JULY HOLIDAY)
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
1 JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 4725519 07/06/2020 11:05:39 AM
OR BOOK 4441 PAGE 902-906 Doc Type:ORD
RECORDING: $44.00
in close proximity -- for example, speaking, coughing, or sneezing -- even if those
people are not exhibiting symptoms; and
7. 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
8. Executive Order 20-112 does not preempt the authority of local
governments to add additional restrictions to businesses opened by the Governor; and
9. 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
Pentecostal Church v. Newsom, 590 U. S. (2020)(2020 WL 2813056, at 1); and
10. 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
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11. 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
12. 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
13. 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
14. 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
15. Holiday gatherings, such as that occurred in many places over Memorial
Day, may have driven the spread of COVID-19; and
16. Crowded beaches over the Fourth of July weekend threaten to
substantially accelerate the spread of COVID-19 in St. Lucie County; and
17. One of the County's primary missions is public safety and the safety of
our residents is paramount. With all the counties south along the Atlantic Ocean
closing their beaches, leaving St. Lucie County beaches open will again likely attract
significant numbers of residents from those counties that continue to be hot spots
for COVID-19 infections; and
18. In determining whether to issue this Order, the County Administrator
considered information received from the Department of Health, the University of Florida,
the State of Florida Surgeon General, the CDC, and other health care providers and
medical professionals regarding challenges raised at this point in time by COVID-19.
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NOW, THEREFORE, BE IT ORDERED AS FOLLOWS:
1. The determinations, orders, and declarations identified above are
incorporated herein.
2. All beaches, beach accesses, and parking for beach accesses in St. Lucie
County, Florida are temporarily closed to the public.
3. It shall be unlawful for members of the public to access the beaches in
St. Lucie County. This does not apply to property owners or residents and visitors
who may access the beach via private beach crossovers.
4. For purposes of this Order the following definitions shall apply:
a. "Beach" shall include all sandy beach areas from the waters of the
North Atlantic Ocean to the frontal dune, or where there is no frontal
dune, to the line of permanent vegetation or construction, whichever
is more seaward; and
b. "Beach access" shall mean public beach access points, including
associated boardwalks, walkways, dedicated public parking areas,
and the area on the beach beginning at the entrance of the beach.
5. This Order shall become effective at 12:01 a.m. on Friday, July 3, 2020
and shall be in effect until 11:59 p.m. on Sunday, July 5, 2020.
6. Any provision(s) within this Emergency Order that conflict(s) with any state
or federal law or constitutional 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
Order, with the remainder of the Emergency Order remaining intact and in full force and
effect. To the extent application of some or all of the provisions of this Emergency Order
is prohibited on the sovereign land of a federally or state recognized sovereign Indian
tribe, such application is expressly excluded from this Emergency Order.
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7. This Order will 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.
8. This Order is in addition to the Executive Orders issued by Governor
DeSantis.
9. Prior resolutions and emergency orders remain in full force and effect unless
modified or superseded.
10. It is the intent of this Order to seek voluntary compliance and to educate of
the dangers of noncompliance. The St. Lucie County Sheriff, and other law enforcement
agencies, including municipal law enforcement agencies, are authorized to enforce this
Order. Prior to pursuing enforcement, law enforcement shall request persons to comply
voluntarily. In the event a person refuses to comply voluntarily, a violation of this 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
11. This Order shall be filed in the Office of the Clerk of the Circuit Court.
Signed this lit day of 7 � 2020 at (a.m.) p�r
ploward Tipton
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