HomeMy WebLinkAboutOrder No. 20-042 - VOID - FACECOVERINGS - BCC CHOSE TO USE ORDINANCE INSTEAD (07-01-20 SPECIAL MEETING)
EMERGENCY ORDER NO. 20-042
AN EMERGENCY ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REQUIRING
FACE COVERINGS BE WORN IN CERTAIN CIRCUMSTANCES TO SLOW THE SPREAD
OF COVID-19 PARTICULARLY IN PUBLIC SETTINGS WHERE OTHER SOCIAL
DISTANCING MEASURES ARE DIFFICULT TO MAINTAIN
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 ("presymptomatic") can transmit the virus to others before
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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
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
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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
currently in place and that COVID-19 will be present in the population for a long
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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
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https://mediasite.video.ufl.edu/Mediasite/Play/b8849c7ddb114f2db5fcc0be6a4e
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‘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 I); 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
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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
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. Per CDC guidance, persons working in restaurants and businesses
frequently come into close contact with members of the public and thus have a
greater risk of spreading COVID-19. Wearing face coverings will help reduce the
spread of COVID-19 in St. Lucie County; and
27. On June 26, 2020, the St. Lucie County Administrator issued Emergency
Order No. 20-044, requiring the wearing of face coverings in County buildings; it is
the intent of this Order to supplement, but not supersede Emergency Order No. 20-
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044; and
28. In determining whether to issue this Order, the County Administrator
considered information received from the Department of Health, the University of Florida,
the State Surgeon General, the 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. MANDATORY REQUIREMENTS: Effective July ____, 2020 at _______ (am/pm),
all natural persons within incorporated and unincorporated St. Lucie County, working
in restaurants, including servers and those engaged in food preparation, grocery
stores, food service, salons, gyms, any retail establishments or businesses open to the
public or in any other locations visited by the public where social distancing is difficult
to maintain, shall wear face coverings. All restaurants, grocery stores, food service,
salons, gyms and any retail establishment or business open to the public or any other
location visited by the public within incorporated or unincorporated St. Lucie County
shall require workers to wear face coverings, unless covered by an exception in this
Order. Natural persons in outdoor public places who are maintaining social
distancing are not required to wear facial coverings. Nothing in this Order prohibits
businesses or retail establishments from requiring that members of the public wear
a face covering in such business or retail establishment.
2. DEFINITIONS: 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.
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.
A “business” or “retail establishment” means a location under which any
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business is conducted, goods are made and stored or processed or where services
are rendered.
3. EXCEPTIONS: A face covering shall not be required for the following persons:
A. Persons for whom a face covering would cause impairment due to an
existing health condition or disability; and
B. Persons working in a business or profession who do not have interactions
with other persons; and
C. Persons working in a business or profession, except for food service or
preparation, who maintain social distancing from another person;
D. Persons working in a business or profession where use of a face covering
would prevent them from performing the duties of the business or
profession; and
E. Persons exercising, while maintaining social distancing; and
F. Persons while eating or drinking; and
G. Public safety, fire and other life safety and health care personnel, as their
personal protective equipment requirements will be governed by their
respective agencies; and
H. The requirement shall not apply when a person who is hearing-impaired
needs to see the mouth of someone wearing a face covering in order to
communicate.
I. Persons for whom wearing a facial covering is subject to a religious
objection.
4. Any provisions 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
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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 internal operations of local 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
encouraged to adopt their own rules and procedures regarding the matters set forth
herein.
6. 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.
7. This Order is in addition to the Executive Orders issued by Governor DeSantis.
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 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 _____ day of ________________, 2020 at _________ (a.m.) (p.m.)
_______________________________
Howard N. Tipton
S:/Atty/SOE/COVID-19/
Order No. 20-042-FaceCoveringRev6-29-20(2)
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