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HomeMy WebLinkAbout21-008 ST. LUCIE COUNTY ORDINANCE NO. 2021-008 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, REPEALING ORDINANCE NO. 2020-021, WHICH PROVIDED FOR MANDATORY REQUIREMENTS FOR FACE COVERINGS IN PUBLIC PLACES PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR EXPIRATION; PROVIDING FOR NON-CODIFICATION 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. On July 28, 2020, in response to high test positivity rates for COVID-19 in the County and based on advice from medical professionals, the Board adopted Ordinance No. 2020-021 providing for mandatory face coverings in public places; and 6. 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 decreased in the last 30 days; and MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT 1 SAINT LUCIE COUNTY FILE# 4846010 04/12/2021 09:50:13 AM OR BOOK 4588 PAGE 2914-2917 Doc Type:ORDN RECORDING: $35.50 7. As of March 17, 2021, over 100,000 doses of COVID-19 vaccine have been administered in St. Lucie County; and 8. With the reduction in new cases within St. Lucie County and the increasing efforts to vaccinate the population, the elimination of the requirement for the wearing of masks in public places is appropriate. However, the Board still encourages people to wear masks where they are not able to social distance. 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. REPEAL OF ORDINANCE NO. 2020-021. Ordinance No. 2020-021 is hereby repealed. The repeal of the Ordinance does not affect any federal mask mandates that apply to the St. Lucie County Transit System. The County continues to recommend that citizens follow CDC guidelines concerning social distancing and face coverings. SECTION 3. 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. 2 Section 4. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be 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 5. 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 6. 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 7. 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. SECTION 8. 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 shall not be codified. 3 PASSED AND DULY ADOPTED by the Board Of County Commissioners of St. Lucie County this 6th day of April 2021. After motion and second, the vote on this Ordinance was as follows: Chair Chris Dzadovsky NAY Vice Chair Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: PUTY CLE I CHA QJS Co ,"740 APPROVED AS TO FORM AND p CORRECTN . ± m ,22 0 �, f BY: ook,Nrr,v oa`° COUNTY ATT R EY 4 RON DESANTIS LAUREL M. LEE Governor Secretary of State April 9, 2021 Ms. Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Ms. Angela Riggins Dear Ms. Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2021-008, which was filed in this office on April 9, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270