PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER REPEALING OR AMENDING ORDINANCE 1140 MANDATING PERSONS WEAR FACE COVERINGS IN PUBLIC PLACES
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EXECUTIVE SUMMARY:
executive summary
On August 25, 2020 the Board of County Commissioners (Board) adopted Ordinance 1140 Mandating Persons Wear Face Coverings in Public Places. Since the adopting the Ordinance, Governor DeSantis has moved Florida into Phase 3 of Safe. Smart. Step-by-Step. Plan for Florida’s Recovery. In addition, Governor DeSantis issued Executive Order 20-244, which effectively eliminated all Novel Coronavirus Disease 2019 (COVID-19) related restrictions placed on businesses throughout the State and suspended the collection of COVID-19 related fines and penalties against individuals. At the September 29, 2020 meeting, the Board requested staff advertise an ordinance repealing or amending Ordinance 1140 for consideration by the Board.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Elysse A. Elder
Title: Senior Assistant County Attorney
REQUESTED BY: Martin County Board of County Commissioners
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents a wide range of symptoms, some of which are similar to those of influenza. The Centers for Disease Control (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. The CDC advises that a significant portion of individuals with coronavirus lack symptoms and that even those who eventually develop symptoms 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. The World Health Organization (WHO) has declared a pandemic related to COVID-19. The CDC has declared the potential public health threat posed by COVID-19 as “high” both in the United States and throughout the world. Florida has also declared a State of Emergency and Public Health Emergency due to COVID-10. At this time, there is no vaccine for COVID-19 and it still remains easily transmitted among people.
On April 1, 2020, the Governor of the State of Florida issued Executive Order 20-91 putting in place a state-wide safer at home order and which only permitted various essential businesses and activities during the COVID-19 Emergency. On May 4, 2020, Executive Order 20-112, Phase 1: Safe. Smart. Step-by-Step Plan for Florida’s Recovery, which provided measures to slowly re-open Florida, became effective. On May 18, 2020 Executive Order 20-123, Full Phase I: Safe. Smart. Step-by-Step. Plan for Florida's Recovery, which expanded the measures to re-open Florida, became effective. On June 4, 2020, Executive Order 20-139, Phase 2, Safe. Smart. Step-by-Step. Plan for Florida’s Recovery further expanding the re-opening of businesses in Florida, became effective.
A serious threat of impact from COVID-19 has existed throughout Martin County and the spread of COVID-19 has posed a danger to life and the economic well-being of Martin County residents. After the Governor’s reopening efforts of Executive Order 20-112, Executive Order 20-123 and Executive Order 20-139, Martin County saw a significant increase in COVID-19 positive cases, and in particular after the June 5, 2020, Phase 2 re-opening efforts. The Florida Department of Health, the CDC and the Cleveland Clinic have all recommended that all persons wear cloth face coverings while in public to help control the spread of COVID-19. In the beginning of July, Martin County was experiencing a spike in COVID-19 positive cases with record-breaking positive COVID-19 tests results coming in daily. At that time, the Cleveland Clinic and doctors in our community expressed grave concern that hospital admittance for COVID-19 had a significant increase in that admittance numbers had been doubling over the course of two-week intervals. As a result of the COVID-19 crisis, on July 8, 2020, the Board adopted Ordinance 1136 on an emergency basis, which mandated wearing face coverings in public places. After Ordinance 1136 was adopted, Martin County began experiencing a decline in the percentage of daily positive test results. Ordinance 1136 expired on August 8, 2020 and face coverings were no longer required in public places in Martin County. Thereafter, Martin County issued Emergency Order 20-15 strongly encouraging persons to wear face coverings in public. However, the Board was subsequently compelled to take additional steps to minimize the spread of COVID-19 in response to the increasing number of positive COVID-19 cases and rising number of deaths associated with COVID-19 to protect the health, safety and welfare of Martin County residents and visitors. On August 25, 2020, the Board adopted Ordinance 1140 requiring persons wear face coverings in public. Ordinance 1140 is currently in effect.
On September 25, 2020, Governor DeSantis began Phase 3 Safe. Smart. Step-by-Step. Plan for Florida’s Recovery which eliminated all COVID-19 restrictions on businesses. In addition, on September 25, 2020, Governor DeSantis issued Executive Order 20-244 which suspended the collection of fines and penalties from an individual associated with COVID-19 enforced orders and ordinances. Executive Order 20-244 has a direct impact on Martin County Ordinance 1140. Until Executive Order 20-244 expires or is terminated, the collection of all fees and penalties enforced against individuals for violations of Ordinance 1140 is suspended. All other portions of Ordinance 1140 remain fully enforceable. To date, no citations have been issued in Martin County for violations of Ordinance 1140. Counties to the south, such as Palm Beach, Broward and Miami-Dade, as well as St. Lucie County to our north, are continuing to enforce mask mandates even with the temporary suspension of the collection of fees and penalties by the Governor. Palm Beach County’s Emergency Order mandating masks in public places expires on October 22, 2020 unless extended by its County Administrator. St. Lucie County’s Ordinance will remain in effect until the expiration of its State of Local Emergency or repeal by the Board. Based upon the implementation of Phase 3 and Executive Order 20-244, at the September 29, 2020 Board meeting, the Board requested that Ordinance 1140 be reevaluated at the October 13, 2020 Board meeting.
Below is Martin County’s daily snapshot as of October 4, 2020.
Staff recommends that the Board review the most current COVID-19 statistics from the Florida Department of Health and Martin County’s daily snapshot existing on October 13, 2020 when evaluating whether to take action on Ordinance 1140.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
The Board has the following options:
• Approve the attached draft Ordinance repealing Ordinance 1140 Mandating Persons Wear Face Coverings in Public Places and direct the County Administrator to issue an Emergency Order, that strongly encourages persons wear face coverings in public places and contains no penalty provisions. (Draft Emergency Order attached)
• Approve the attached draft Ordinance amending Ordinance 1140 Mandating Persons Wear Face Covering in Public Places to change the language mandating face coverings in public places to strongly encouraging the use of face coverings in public places and to remove the penalty provisions.
• Take no action and continue to require persons to wear face covering in public places pursuant to Ordinance 1140 during the temporary suspension of the fines and penalties by Executive Order 20-244.
• Take no action and ascertain whether Martin County’s neighboring counties repeal their mask mandates and reevaluate Ordinance 1140 at the October 27, 2020 Board meeting.
ALTERNATIVE RECOMMENDATIONS
Provide staff with further direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.