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Home My WebLink About20-501 RESOLUTION NO. 20-501 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA RATIFYING AN EMERGENCY ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR IMPLEMENTING EMERGENCY ORDINANCE NO. 20-020 WHEREAS, the Board of County Commissioners of St Lucie County, Florida has made the following determinations: 1. On March 17, 2020, the St. Lucie County Public Safety Director declared a State of Local Emergency COVID-19 Public Health Emergency ("St. Lucie County Declaration of Emergency'); and 2. The findings in the St. Lucie County Declaration of Emergency are incorporated herein; and 3. On March 16, 2020, President Donald J.Trump and the Centers for Disease Control and Prevention ('CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, recommending restrictions to certain establishments conducive to mass gatherings and congregations; and 4. On March 29, 2020,the President extended such guidance to be in effect until April 30, 2020; and 5. On March 24, 2020,the Governor of the State of Florida issued Executive Order No. 20-83 directing the State Surgeon General and State Health Officer to issue a public health advisory to all persons over 65 years of age and persons that have serious underlying medical conditions that place them at high risk of severe illness from COVID-19 urging them to stay home and to take such other measures as necessary to limit their risk of exposure to COVID-19; and 6. Pursuant to Executive Order No. 20-83, the Governor of the State of Florida further directed the State Surgeon General and the State Health Officer to issue a public health advisory providing that individuals should cease all social or recreational gatherings of 10 or more people; and 7. On March 25, 2020, the State Surgeon General issued a Public Health Advisory JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4738772 08/07/2020 09:08:08 AM 1 OR BOOK 4457 PAGE 1640-1643 Doc Type:RESO RECORDING: $35.50 1 consistent with Executive Order 20-83; and 8. On March 25, 2020, the President of the United States declared that a major disaster exists in the State of Florida as a result of COVID-19; and 9. On April 1, 2020, the Governor of the State of Florida issued Executive Order 20- 91 directing senior citizens, individuals with a significant underlying medication condition, and persons engaging in nonessential services or activities to stay at home. 10. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that the County Administrator may take all actions necessary and appropriate to protect human life and prosperity, to the extent necessary to accommodate the emergency. 11. 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. On July 1, 2020, the St. Lucie County Board of County Commissioners adopted St. Lucie County Emergency Ordinance No. 20- 020 providing for mandatory requirements for face coverings and providing for exceptions. The purpose of this Executive Order is to implement Emergency Ordinance No. 20-020. 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. 20-020. The violation of Emergency Ordinance No. 20-20 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 20-020 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. 2 i d) All other remedies available at law or equity, including injunction, remain available to the County, even after issuance of a citation 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. The individual or business shall pay the civil citation with the St. Lucie County Clerk of the Circuit Court at 201 South Indian River Drive, Fort Pierce, FL 34950 within thirty (30) days. 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. This Order will expire upon the expiration or repeal of Emergency Ordinance No. 20-020 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. This Order is in addition to the Executive Orders issued by Governor DeSantis. Prior resolutions and emergency orders remain in full force and effect unless modified or superseded. 12. On July 14, 2020, the St. Lucie County Administrator signed Order No. 20-050 implementing Emergency Ordinance No. 20-020. Attached is a copy of Order No. 20-050. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The County Administrator's July 14, 2020 Order No. 20-050 is hereby ratified. 2. This resolution shall take effect upon adoption. After 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 Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE 3 PASSED AND DULY ADOPTED this d day of July, 2020. BOARD OF COUNTY COMMISSIONERS ATTEST` � ST. LOCI COUNTY��LOR �� 4 0� By: Deputy elef Chair 0OtAmisS�O APPROVED AS TO FORM AND 2 y� CORRECTNIE J N u * BY: � o� County ttotney <&CIE COUN.1r• ek4