HomeMy WebLinkAbout20-021ST. LUCIE COUNTY ORDINANCE NO. 2020-021
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
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g LUCIE COUNTY, FLORIDA, PROVIDING FOR INCORPORATION OF
W RECITALS AS LEGISLATIVE FINDINGS; PROVIDING FOR DEFINITIONS;
LL m� PROVIDING FOR MANDATORY REQUIREMENTS FOR FACE COVERINGS
° IN PUBLIC PLACES; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
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Z N o PENALTIES AND ENFORCEMENT; PROVIDING FOR SEVERABILITY,
'o o a PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
l 0 q M "' APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF
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o o o STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
a.y Z W g 0 EXPIRATION; PROVIDING FOR NON -CODIFICATION
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WHEREAS, the Board of County Commissioners of St. Lucie County, Florida 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
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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
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
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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
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
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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._ Ba.y 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, 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 Temporary Injunction to Prohibit Enforcement of Leon County's mask ordinance,
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finding that the Ordinance did not violate any constitutional rights, Power v. Leon County (Fla. 2d
Cir. Ct. July 10, 2020)_(order pending). See also Machovec, et. al, v, Palm Beach County, Case No.
2020CA006920 (Fla. 15th Cir. Ct. July 27, 2020 ("denying emergency motion for temporary
injunction against County's face covering ordinance, stating: "this Court will not second guess the
manner in which a co -equal branch of government sought to discharge its sacred duty to protect
the general public'; 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
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. As of July 24, 2020, St. Lucie County has 4,175 positive COVID-19 cases
(4,153 residents and 22 Non -Florida residents) and 96 fatalities associated with COVID-
19. Positivity rates over the past 14 days is 11.2%, 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
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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 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 an example, on July 10, 2020, Lawnwood Hospital indicated
that over the past 30 days, they have experienced a 9-fold increase in COVID-19
patients and that COVID-19 patients in ICU beds increased by more than 60%; and
26. The CDC and Florida Department of Health continue to remind residents
that by wearing a face covering, residents protect others from exposure as well as
themselves; and
27. The State of Florida Department of Health, the CDC and the Cleveland Clinic
have recommended that all person's wear cloth face coverings while in public to help
control the spread of COVID-19; and
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 significantly 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
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Order No. 20-044 requiring the wearing of face coverings in County buildings; it is the
intent of this Ordinance to supplement but not supersede Emergency Order No. 20-044;
and
32. On July 1, 2020, the Board adopted Emergency Ordinance No. 20-020; it is
the intent of this Ordinance to repeal and to supersede Ordinance No. 20-020 and to
rescind the directive to codify Emergency Ordinance No. 20-020; and
33. On July 13, 2020, the St. Lucie County Administrator issued Emergency
Order No. 20-049 requiring the wearing of face masks in public. Section 8 of Emergency
Order No. 20-049 provides that it expires on August 15, unless earlier terminated by the
County Administrator of by this Board. It is the intent of this Ordinance to terminate
Emergency Order No. 20-049 upon this Ordinance becoming effective; and
34. In determining whether to issue this Ordinance, the Board 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; and
35. At a regular public hearing on July 28, 2020, the Board and County staff
discussed the recent increase in COVID-19 cases in the County and the Board conducted
a public hearing on this Ordinance to consider additional mitigation requirements to be
imposed countywide, and heard extensive comments from the public and County staff
regarding this Ordinance; and
36. Adopting face covering requirements via Ordinance, as opposed to local
emergency powers, would permit enforcement through civil citations and fines instead of
criminal prosecution as a second-degree misdemeanor; and
37. The Board finds implementation of this Ordinance is necessary for the
preservation of the health, safety, and welfare of the community.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, that:
Section 1. INCORPORATION OF RECITALS AS LEGISLATIVE FINDINGS.
The recitals of this Ordinance are incorporated herein and constitute the legislative
findings of the Board. The recitals are made fully a part of this Ordinance as if the recitals were
set out in a section hereunder.
Section 2. NIANDATiNG PERSONS WEAR FACE COVERINGS IN PUBLIC PLACES.
Face Coverings
a. 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.
b. 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 where social distancing in accordance with CDC
guidelines is not possible and/or not being practiced.
C. Restaurants and Food Service Establishments. Face coverings
must be worn by all natural persons in restaurants and any establishment that
serves food or beverages whether indoors or outdoors except while 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
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services are rendered. Businesses and establishments include, but are not limited to,
restaurants, bars, retail stores, salons, massage parlors, tattoo parlors, common areas of
hotels, common areas of multi -family residential properties, grocery stores, gyms, fitness
centers, pharmacies, indoor recreational facilities, hospitals, medical offices, dental
offices, movie theaters, concert halls, auditoriums, bowling alleys, playhouses, arcades,
public transit and vehicles for hire. For purposes of this Ordinance, indoor businesses and
establishments include any area or location that is outdoors and has a roof overhead or
other overhead covering and one wall 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 and has at least one wall.
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 has no walls.
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.
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b. Individuals prohibited from wearing face coverings by Federal or State
safety or health regulations.
c. Public safety, fire, health care, or other life safety personnel that have
personal protective equipment requirements governed by their respective
agennes.
d. Persons actively engaged in exercise, and who are social distancing in
accordance with CDC guidelines.
e. 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, receiving dental services, facial grooming or treatments.
f. Persons who have a medical condition or disability that makes the wearing
of face coverings unsafe.
g. Persons may temporarily remove face coverings while assisting persons
who are hearing impaired or who rely on reading lips to communicate.
h. Persons in private rooms of a lodging establishment, such as hotel, motel,
or vacation rental, or within units of a multi -family residential property, such
as a condominium or apartment building; however, face coverings must be
worn in common areas as proscribed by this Ordinance.
I. Persons engaged in outdoor work or recreation with appropriate social
distancing pursuant to CDC guidelines in place and being practiced.
j. Persons working in a business or profession who maintain social distancing
from another person.
k. Persons for whom wearing a facial covering is subject to a religious
objection.
Section S. ENFORCEMENT AND PENALTIES.
a. A violation of this Ordinance is a noncriminal infraction and shall be
enforced by County law enforcement agencies. A violation of this
Ordinance does not authorize the search or arrest of an individual. It is the
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Intent of this Ordinance to seek voluntary compliance with the provisions
contained herein and to educate as to the benefits of compliance and the
dangers of noncompliance. Prior to the issuance of a citation, the individual
will be asked to comply with the Ordinance or will be given an opportunity
to explain how an exemption in Section 4 applies to them. Failure to comply
with the requirements of this Ordinance 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 penalty for a violation of this Ordinance is:
I. First offense: A fine of $25.00.
ii. Second offense: A fine of $62.50.
III. Third offense and each subsequent offense: A fine of $125.00.
iv. 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.
Section 6. CONFLICTING PROVISIONS.
Special acts of the Florida Legislature applicable only to unincorporated areas of
St. Lucie County, St. Lucie County ordinances, County resolutions, or parts thereof, in
conflict with this Ordinance are hereby superseded by this Ordinance to the extent of
such conflict except for ordinances concerning either adoption or amendment of the
Comprehensive Plan. Specifically, Emergency Ordinance No. 20-020 is hereby repealed
and superseded by this Ordinance effective 8:00 a.m. on July 30, 2020. Emergency Order
No. 20-049 is terminated effective 8:00 a.m. on July 30, 2020.
Section 7. SEVERABILITIf.
If any portion of this Ordinance is for any reason held or declared to be
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unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding
shall not affect the remaining portions of this Ordinance. If the Ordinance or any provision
thereof shall be held to be inapplicable to any person, property, or circumstance by a
court of competent jurisdiction, such holding shall not affect its applicability to any other
person, property, or circumstance.
SECTION 8. APPLICABILITY.
This Ordinance shall apply in the incorporated and unincorporated areas of St.
Lucie County. This Ordinance 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 who are encouraged to adopt their
own rules and procedures consistent with the matters set forth herein.
SECTION 9. FILING WITH DEPARTMENT OF STATE.
The Clerk shall be and is hereby directed forthwith to file the Ordinance with the
Florida Department of State via electronic transmission.
SECTION 10. EFFECTIVE DATE.
This Ordinance shall immediately take effect when a copy has been accepted and
confirmed by the Department of Secretary of State by email. The requirements of Section
2 shall take effect on 8:00 a.m. on July 30, 2020.
SECTION 11. EXPIRATION.
Unless repealed by the Board, this Ordinance shall expire upon expiration of the
State of Local Emergency, as may be extended by subsequent order or declaration,
whichever occurs earlier. The County Administrator shall provide the Board with written
weekly updates on the status and effect of COVID-19 cases in St. Lucie County based on
the Governor's Benchmarks (Federal Gating Criteria) used to determine the level of
COVID-19 in the community.
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SECTION 12. NON -CODIFICATION.
Due to the temporary nature of this Ordinance, the provisions of this Ordinance
shall be incorporated into the General Ordinances, St. Lucie County Code, but shalt not
be codified.
PASSED AND DULY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY THIS 28TH DAY OF JULY 2020.
After motion and second, the vote on this Ordinance was as follows:
Chair Cathy Townsend
NAY
Vice Chair Chris Dzadovsky
AYE
Commissioner Sean Mitchell
AYE
Commissioner Linda Bartz
AYE
Commissioner Frannie Hutchinson
AYE
ATTEST:
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APPROVED AS TO FORM AND
CORRECTNESS:
BY:
s/Atty/Ordina nces/20-021-7-28-20
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COiJNTY ATRTORNEY
FLORIDA DEPARTMENT O�STATE
RON DESANTIS
Governor
July 28, 2020
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Angela Riggins
Dear Mr. Smith:
LAUREL M. LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Emergency Ordinance No. 2020-021, which was filed in this office on
July 28, 2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us