HomeMy WebLinkAboutOrder No. 20-050 – Implementing Emergency Ordinance No. 20-020 (07-14-20)a V
EMERGENCY ORDER NO.20-050
AN EMERGENCY ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR
IMPLEMENTING EMERGENCY ORDINANCE NO. 2020-020
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 # 4729865 07/16/2020 09:19:49 AM
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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
13. Researchers at the University of Florida believe it is too early to ease
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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
time'; a n d
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
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to assess public health and is not accountable to the people." S. Ba_ 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
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. at. 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
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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-
044; a n d
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28. On July 1, 2020 the St. Lucie County Board of County Commissioners
adopted St. Lucie County Emergency Ordinance No. 2020-020 providing for
mandatory requirements for face coverings and providing for exceptions. The
purpose of this Executive Order is to implement Emergency Ordinance No. 2020-020.
NOW, THEREFORE, BE IT ORDERED AS FOLLOWS:
1. It is the intent of this Order to seek voluntary compliance and to educate the public
on the dangers of noncompliance. The St. Lucie County Sheriff, other law enforcement
agencies, including municipal law enforcement agencies and any law enforcement
officer who has jurisdiction within the boundaries of St Lucie County are authorized
to enforce Emergency Ordinance No. 2020-020. The violation of Emergency
Ordinance No. 2020-20 is a civil infraction subject to a fine as stated in Section 5.
Penalties and Enforcement of the Emergency Ordinance. Prior to the issuance of a
citation, the individual or business will be asked to comply with the Emergency
Ordinance or be able to explain how an exception in Section 4 of the Emergency
Order applies to them. The penalties for a violation of Emergency Ordinance 2020-
020 shall be as follows:
a) For a first offense, a fine of $25.00.
b) For a second offense, a fine of $62.50.
c) For a third and each subsequent offense, a fine of $125.00.
d) All other remedies available at law or equity, including injunction, remain available
to the County, even after issuance of a citation
2. The individual or business who has been issued a civil citation may within thirty
(30) days of issuance of the fine, contest the citation in county court in and for St.
Lucie County.
3. The individual or business shall pay the civil citation with the St. Lucie County
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Clerk of the Circuit Court at 201 South Indian River Drive, Fort Pierce, FL 34950 within
thirty (30) days.
4. The County may use all lawful means to collect the fine with interest as allowed by
law. Interest will begin thirty days from the issuance of the fine unless being contested
in county court in and for St. Lucie County.
5. This Order will expire upon the expiration or repeal of Emergency Ordinance No.
2020-020 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.
6. This Order is in addition to the Executive Orders issued by Governor DeSantis.
7. Prior resolutions and emergency orders remain in full force and effect unless
modified or superseded.
8. This Order shall be filed in the Office of the Clerk of the Circuit Court.
Signed this day of 2020 at r (a.m.) (p.m.)
o i ton .
County Administra r
S:/Atty/SOE/COVI D-19/
Order No. 20-OXX
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ST. LUCIE COUNTY ORDINANCE CITATION
DATE OF CIVIL INFRACTION: TIME OF CIVIL INFRACTION: AGENCY CASE NO.
RESPONDENT: Name: Address:
DL #: Telephone #: _
The Undersigned hereby certifies that the person named above was in violation of St. Lucie County
Ordinance 2020-020. The facts supporting this violation are as follows:
The total fine and civil penalty assessed is as follows: First Offense: $25.00 Fine
Second Offense: $62.50 Fine Third Offense and Subsequent Offense: $125.00 Fine
All other remedies available at law or equity, including injunction, but excluding incarceration, remain
available to the County, even after issuance of this citation.
Issuing Deputy (PRINT)
Issuing Deputy (Sign) Date of Issuance Time of Issuance
WARNING NOTICE
PAYMENT OF THE ABOVE CIVIL PENALTY MUST BE RECEIVED BY THE ST. LUCIE COUNTY'S CLERKS OFFICE
WITHIN 30 DAYS of the issuance of this Citation. If you fail to pay the civil penalty within the time allowed,
or fail to appear in court to contest the citation, or fail to request in writing (within the specified 10 day
time frame) a hearing on the issuance of this Citation you shall be deemed to have waived your right to
contest the citation and that, in such case, judgment may be entered against you in the citation amount
plus interest. Penalties may be imposed in the form of a lien on real or personal property.
PAYMENT OF FINE: Payment of the civil penalty may be made in person at the St. Lucie County Clerk of
the Circuit Court at 201 South Indian River Drive, Fort Pierce, FL 34950 within thirty (30) days.
RIGHT TO A HEARING: IF YOU WISH TO SEEK A HEARING IN REVIEW OF THE CHARGE, CONTACT the Clerk
of the County Court of St. Lucie County for a hearing date.
Signature of Respondent Date