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HomeMy WebLinkAbout20-500 JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4738773 08/07/2020 09:08:08 AM OR BOOK 4457 PAGE 1644-1650 Doc Type:RESO RECORDING: $61.00 RESOLUTION NO. 20-500 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA RATIFYING EMERGENCY ORDER NO. 20-049 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 1 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 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 1 https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.htmt 2 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 timet ; and 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 Z https://mediasite.video.uft.edu/Mediasite/Play/b8849c7ddbll4f2db5fccObe6a4ecOb41d 3 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. 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"). 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 S, 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 4 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 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 5 ' recommended that all persons 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 help reduce the spread of COVID-19 in St. Lucie County; and 30. Implementation of Emergency Order No. 20-049 was necessary for the preservation of the health, safety and welfare of the community; and 31. The spread of COVI D-19 poses a danger to life and the economic well-being of St. Lucie County residents; and 32. Requiring individuals to wear face coverings in public will significantly help reduce the spread of COVID-19 and lessen the increase in positive COVID-19 cases in St. Lucie County. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. INCORPORATION OF RECITALS. The recitals identified above are incorporated herein. SECTION 2. RATIFICATION OF EMERGENCY ORDER NO. 20-049. The County Administrator's Emergency Order No. 20-049 is hereby ratified and approved. After a motion and second, the vote on this resolution was as follows: Commissioner Cathy Townsend, Chair NAY Commissioner Chris Dzadovsky, Vice Chair AYE Commissioner Sean Mitchell AYE 6 Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 28th day of July, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA L BY: DEPUTY CLERK///-" CHAIR Y coy ip� APPROVED AS TO FORM AND CORRECTN m rG co P� BY, C°GNrv,FLO���r COUNTY A R Y 7