HomeMy WebLinkAboutOrder No. 20-049 – Face Coverings in Public (07-13-20)EMERGENCY ORDER NO. 20-049
AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR
PROVIDING FOR FACE COVERINGS IN PUBLIC
RECITALS:
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
people are not exhibiting symptoms; and JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
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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
recommend 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, thus the greater 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, from spreading 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
currently in place and that COVID-19 will be present in the population for a long
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14. According to the Florida 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 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
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
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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, its benefits to the public in potentially
reducing the spread of COVID-19 outweigh 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"). Similarly, on Friday, July 10, 2020, Second Judicial Circuit Judge John C. Cooper denied
a motion for preliminary injunction to prohibit enforcement of Leon County's mask ordinance,
finding that the ordinance does not violate any constitutional rights, Power v. Leon County (Order
pending); and
19. On June 5, 2020, Governor 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
social distancing is not possible; and
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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. As of July 10, 2020, St. Lucie County has 2,680 positive COVID-19 cases and
61 fatalities with record -breaking positive COVID-19 tests coming in daily and an overall
positive test percentage rate of 14.8%, one of the highest in the State of Florida; and
23. On Sunday, July 12, 2020, the Florida Department of Health reported at least
15,299 new Covid-19 cases on Saturday, the highest number of new cases in a single day
by any state since the coronavirus pandemic began. It is not just the number of new cases
that's concerning. The test positivity rate -- which can indicate how rampantly the virus is
spreading -- reached 19.6% as of Sunday, according to data from Johns Hopkins
University; and
24. 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 to slow the spread of COVID-19 are not instituted; and
25. 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. As one example, on July 10, 2020, Lawnwood Regional Medical
Center & Heart Institute indicated that over the past 30 days, it has experienced a 9-
fold increase in COVID-19 patients and that COVID-19 patients in ICU beds have
increased by more than 60%; and
26. 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
27. The Florida Department of Health, the CDC and the Cleveland Clinic have
recommended that all persons wear cloth face coverings while in public to help control
the spread of COVID-19; and
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28. St. Lucie County is compelled to take additional steps to minimize the
spread of COVID-19 in response to the recent spike in positive COVID-19 cases and
hospital admittances to protect the health, safety and welfare of St. Lucie County residents
and visitors; and
29. Wearing face coverings will help reduce the spread of COVID-19 in St.
Lucie County; and
30. Any mask mandate would be for sanitary purposes to promote the
health, safety, and welfare of all persons in St. Lucie County and not for the purpose
of mandating a medical recommendation or other medical treatment; and
31. 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-
044; a n d
32. On July 1, 2020, the Board of County Commissioners adopted Emergency
Ordinance No. 20-020, in which the Board set forth determinations consistent with those
set forth in this Order; it is the intent of this Order to supplement, but not supersede
Emergency Ordinance No. 20-020; and
33. In determining whether to issue this Order, I have considered information
received from the Florida 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.
34. Implementation of this Order is necessary for the preservation of the health,
safety and welfare of the community; and
35. The spread of COVID-19 poses a danger to life and the economic well-being
of St. Lucie County residents; and
36. Requiring individuals to wear face coverings in public will significantly help
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reduce the spread of COVID-19 and lessen the increase in positive COVID-19 cases in St.
Lucie County.
NOW THEREFORE, BE IT ORDERED AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS. The recitals identified above are
incorporated herein.
SECTION 2. MANDATING PERSONS WEAR FACE COVERINGS IN PUBLIC PLACES.
a. Face Coverings.
1. Indoor Public Places, Businesses and Establishments. Face
coverings must be worn by all natural persons while obtaining or providing any
goods or services or otherwise visiting or working in any indoor public place,
business or establishment.
2. Outdoor Public Places, Businesses and Establishments. Face
coverings must be worn by all natural persons while obtaining or providing any
goods or services or otherwise visiting or working in outdoor public places,
businesses and establishments if social distancing in accordance with CDC
guidelines of at least six feet (6') between persons not of the same household
cannot be consistently maintained.
3. Restaurants and Food Service Establishments. Face coverings
must be worn by all natural persons in restaurants and food service establishments
whether indoors or outdoors except when actively consuming food or beverages.
SECTION 3. DEFINITIONS.
a. Businesses and Establishments. Businesses and establishments are any
locations in which business is conducted, good are made, stored, sold or processed or
services are rendered. Businesses and establishments include, but are not limited to,
restaurants, bars, retail stores, salons, massage parlors, tattoo parlors, hotels, grocery
stores, gyms, fitness centers, pharmacies, recreational facilities, hospitals, medical offices,
professional offices, dental offices, movie theaters, concert halls, auditoriums, bowling
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alleys, community centers, schools and daycare facilities except those listed in Section 6
of this Order, camps, common areas of multi -family housing and residential facilities
including reception areas, elevators and hallways, playhouses, marinas, arcades, public
transit and vehicles for hire. For purposes of this Order, indoor businesses and
establishments include any area or location that is outdoors and has a roof overhead or
other overhead covering where any business is conducted, goods are made, stored, sold
or processed or services are provided.
b. Face covering. A face covering includes any covering which snugly covers
the nose and mouth and 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,
firefighters, emergency management and other first responders engaged in life/safety
activities.
C. Indoor public place. An indoor public place is any location in which the
public has or may obtain legally permissible access whether publicly or privately owned
that is under a roof or other overhead covering.
d. Outdoor public place. An outdoor public place is any location in which
the public has or may obtain legally permissible access whether publicly or privately
owned that is not under a roof or other overhead covering and includes.
SECTION 4. EXEMPTIONS.
Face coverings are not required for the following:
a. Children under six (6) years of age and any child while under the custody of
a licensed childcare facility, including schools, summer camps and daycare centers.
b. Individuals prohibited from wearing face coverings by Federal or State
safety or health regulations.
C. Public health, safety, fire, or other life safety personnel that have personal
protective equipment requirements governed by their respective agencies.
d. Persons receiving goods and services from a business or establishment for
the shortest practical period of time during which the receipt of such goods or services
necessarily precludes the wearing of a face covering such as, but not limited to,
consuming food or beverage or receiving dental services, facial grooming or treatments.
e. Persons who have a medical condition or disability that makes the wearing
of face coverings unsafe.
f. Persons may temporarily remove face coverings while assisting persons
who are hearing impaired or who rely on reading lips in order to communicate.
g. Persons in private rooms of a lodging establishment, such as hotel, motel
or vacation rental; however, face coverings must be worn in common areas as proscribed
by this Order.
h. Persons engaged in outdoor work or recreation with appropriate social
distancing pursuant to CDC guidelines in place and being practiced.
L. Persons working in a business or establishment who maintain social
distancing from another person, except for persons in restaurants and food service
establishments covered under Section l.a.(3).
j. Persons for whom wearing a facial covering is subject to a religious
objection.
SECTION 5. ENFORCEMENT.
It is the intent of this Order to seek voluntary compliance with the provisions
contained herein and to educate and warn of the benefits of compliance and the dangers
of noncompliance.
a. Prior to the issuance of a citation, the individual will be asked to comply
with the Emergency Order or be able to explain how an exemption in
Section 4 applies to them. Failure to comply with the requirements of this
Emergency Order presents a serious threat to the public health, safety and
welfare, and a citation may be issued for such a violation after the above
inquiry.
b. The civil penalty for a violation of this Order is:
L. First offense: A fine of $25.00.
ii. Second offense: A fine of $62.50.
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iii. Third offense and each subsequent offense: A fine of $125.00.
C. All other remedies available at law or equity, including injunctive or other
equitable relief, remain available to the County, even after issuance of a
citation.
d. In the event a person continues to violate this Order following the efforts
for voluntary compliance and the issuance of a civil citation, this Order may
be enforced by law enforcement agencies pursuant to Section 252.50,
Florida Statutes. Any person who violates this Emergency Order may be
charged with a misdemeanor of the second degree which shall only be
enforced by a fine and court costs pursuant to Section 775.083, Florida
Statutes
SECTION 6. APPLICABILITY.
This Order applies to the incorporated and unincorporated areas of St. Lucie
County. This Order does not apply to the internal operations of the local governments
within St. Lucie County, the St. Lucie County School District, the State University System,
the State College System, the State of Florida, Federal agencies or public utilities not
associated with St. Lucie County which are encouraged to adopt their own rules and
procedures for face coverings. Nothing herein shall prohibit a public place, business or
establishment, a municipality within St. Lucie County, or other entity listed in this Section
6 from adopting and enforcing face covering requirements that are more stringent than
those contained in this Order.
ON 7. CONFLICTING PROVISIONS.
Any provisions within this Order that conflict with any State or Federal law or
constitutional provision, or conflict 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
that the application of some or all of the provisions of this Order is prohibited on the
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sovereign land of a federally or state recognized sovereign or Indian tribe, such
application is expressly excluded from this Order.
SECTION 8. EFFECTIVENESS.
This Order shall be effective on July 15, 2020, at 8:00 a.m., and will expire on August
15, 2020, or sooner, upon the expiration of the existing State of Local Emergency, as same
may be extended by subsequent order or declaration, whichever occurs earlier, unless
earlier terminated by subsequent order or by the Board of County Commissioners.
SECTION 9. GOVERNOR'S EXECUTIVE ORDERS.
This Order is in addition to the Executive Orders issued by Governor DeSantis.
SECTION 10. PRIOR ORDERS.
Prior emergency orders remain in full force and effect unless modified or
superseded.
SECTION 11. FILING.
This Order shall be filed in the Office of the Clerk of the Circuit Court.
Signed this/?day of V v 2020 at ESQ a.m. (p.m.)
s/atty/SOE/COVID/Order No. 20-049 FINAL
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County Administrator,