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ORDINANCE NO. 20-14 _____
AN EMERGENCY ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF PINELLAS COUNTY,
FLORIDA SETTING INDOOR PUBLIC SAFETY
REQUIREMENTS; MANDATING THAT INDIVIDUALS
WEAR A FACE COVERING IN PUBLIC INDOOR PLACES;
ESTABLISHING EXCEPTIONS; ESTABLISHING
PROHIBITIONS; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
SUSPENSION OF ALL COUNTY ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE AND
PROVIDING FOR AN EFFECTIVE DATE AND SUNSET.
WHEREAS, according to the Centers for Disease Control (the “CDC”), Novel
Coronavirus Disease 2019 (“COVID-19”) is a severe acute respiratory illness that can spread
among humans through respiratory transmission; and
WHEREAS, on March 9, 2020, pursuant to executive order 20-52, the Governor of the
state of Florida (“Governor”) declared a state of emergency throughout the state for the purpose of
responding to COVID-19. That statewide emergency has been extended by subsequent order of the
Governor (specifically, executive order 20-114), and it remains in effect at this time; and
WHEREAS, On March 13, 2020, the Pinellas County Board of Commissioners (“Board”)
adopted resolution 20-16 to declare a seven-day state of emergency in Pinellas County, Florida,
(the “County”) for the purpose of responding to COVID-19. That countywide state of emergency
has been extended in seven-day increments by subsequent resolutions, and it remains in effect at
this time; and
WHEREAS, the Governor has begun the process of relaxing restrictions on businesses and
personal interactions pursuant orders implementing provisions of the Safe. Smart. Step-by-Step.
Plan for Florida’s Recovery (“State Plan”); and
WHEREAS, testing for COVID-19 has recently shown dramatic increases in infection
rates within Pinellas County – particularly within the 18-34 age group; and
WHEREAS, the Board finds that COVID-19 continues to present an increasing danger to
the health, safety, and welfare of the public; and
WHEREAS, 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 (about two arms lengths); and
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WHEREAS, the CDC advises that a significant portion of individuals with coronavirus
lack symptoms (“asymptomatic”) and that even those who eventually develop symptoms (“presymptomatic”)
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
WHEREAS, 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
WHEREAS, 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
WHEREAS, 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
WHEREAS, 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 “doit-
yourself” coverings for people that cannot or do not want to buy one from the increasing sources
producing and selling coverings; and
WHEREAS, the Board finds it is in the best interest of public health, safety and welfare of
the residents and workers of and visitors to Pinellas County to require suitable face coverings in
certain public locations to slow the spread of COVID-19; and
WHEREAS, the Board finds the inconvenience of an ordinance requiring the use of face
coverings or other suitable face coverings is minimal compared to the risk to the health, safety, and
welfare of the community were no such rule imposed; and
WHEREAS, the Board finds implementation of this ordinance is necessary for the
preservation of the health, safety, and welfare of the community; and
WHEREAS, Section 1(f) of Article VIII of the Florida Constitution vests the Board with the
authority to enact ordinances having countywide effect that are not inconsistent with state law,
provided that such ordinance shall not be effective within a municipality that has adopted an
ordinance in conflict with the County ordinance, to the extent of such conflict; and
WHEREAS, pursuant to Pinellas County Charter section 2.04(k), the County has
countywide authority for the development and implementation of Emergency Management programs
countywide, prevailing over municipal ordinances where those ordinances conflict; and
WHEREAS, the State of Florida has not preempted local governments from regulating in
the field of minimum health requirements with respect to COVID-19; and
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WHEREAS, the County remains under a State of Local Emergency and this Ordinance is
intended to constitute an order enforceable as misdemeanors by law enforcement through F.S. 252.47
and F.S. 252.50; and
WHEREAS, the County has elected to adopt this emergency order by ordinance to allow it
to be enforced as a non-criminal local ordinance violation in addition to all other remedies available
for enforcement of the Ordinance under the law.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF PINELLAS COUNTY, FLORIDA:
SECTION 1. Findings. The above recitals are adopted by the Board as legislative findings.
SECTION 2. Definitions. For purposes of this ordinance, the following terms are defined as
follows:
(1) Face Covering. A “face covering” is a material that securely covers the nose and mouth and
remains affixed in place without the use of one’s hands and serves as personal protective
equipment. It can be secured to the head with ties or straps or simply wrapped around the
lower face covering the mouth and nostrils, as described by applicable guidance from the
CDC. A cloth face covering may be factory-made or sewn by hand or can be improvised
from clothing or other household items. Examples of compliant homemade masks may be
found at https://www.cdc.gov/coronavirus/2019ncov/prevent-gettingsick/diy-clothface-
coverings.html. A plexiglass face shield may be worn in place of a mask type covering.
Persons who wear face coverings should review the CDC and Florida Department of Health
guidelines regarding safely applying, removing, and cleaning face coverings.
(2) Social Distancing. “Social distancing” means keeping space between yourself and other
people by staying at least 6 feet (about 2 arm’s length) from other people, other than a
Companion.
(3) Companion. “Companion” means a person or persons by whom you are accompanied.
(4) Indoor Public Place. An “Indoor Public Place” is any location to which the public has or
may obtain legally permissible access, whether publicly or privately owned, that is under a
roof or is enclosed by two or more walls, doors or other means of weatherproof material,
including fabric material such as that used for a tent.
(5) Operator. “Operator” means any individual or entity that owns a business or that controls
the operation of a business location, even for a period of time, regardless of the formal title
or role held by that individual or entity.
(6) Bar. A “Bar” is a place licensed to, and which does, serve alcoholic beverages. It does not
include a Restaurant. It includes but is not limited to nightclubs, taverns, bottle clubs,
fraternal order organizations, or other place that serves alcoholic beverages for on-site
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consumption. A Bar includes places outdoors, such as beach bars at hotels, etc., that
otherwise meet this definition.
(7) Restaurant. A “Restaurant” is an on-site or takeout food service establishment that, at the
time of adoption of this Ordinance, has for the preceding 30 days, received at least 51
percent of gross food and beverage revenue from the sale of food and nonalcoholic
beverages.
SECTION 3. Mandatory requirements and prohibitions.
(1) All persons must wear a face covering while in any Indoor Public Place
within Pinellas County. All persons who own, manage, or are employed by any
Restaurant or Bar within Pinellas County must wear a face covering at all times while onduty
and directly or indirectly preparing food or beverage, or serving food or beverage, or
having customer contact, regardless of where the food or beverage is being prepared or
whether the customers being served food or beverage or the customer contact is inside an
Indoor Public Place or outdoors, such as on a patio or sidewalk. Persons are generally
discouraged from utilizing N95 rated masks, as those are critical supplies for health care
workers, police, fire, emergency management, or other persons engaged in life/safety
activities.
(2) The face covering requirements of this Ordinance do not apply to:
a. A person under the age of 18, except that person's use of a face covering
is left to the discretion of that person's parent, guardian, or accompanying
adult.
b. Anyone while they are dining and/or consuming beverages while seated
at a table or bar in a Bar or Restaurant as long as they are Social
Distancing.
c. These requirements do not apply if (i) less than 10 people are in the
location and (ii) the people in that location maintain Social Distancing.
d. Governmental entities, such as schools, courthouses, city halls, fire
stations, State offices, etc. Governmental entities are encouraged to
develop procedures to protect their own employees and members of the
public transacting business within their entity.
e. Hospitals and other health care facilities. These entities are encouraged to
develop procedures to protect patients, their own employees and members
of the public within their entity.
f. Persons exercising while maintaining Social Distancing.
g. These requirements do not apply during a period in which compliance
would interfere with participation in a religious ritual where Social
Distancing can be maintained.
h. Public safety, fire, EMS, law enforcement and other life safety and health
care personnel, as their personal protective equipment requirements will
be governed by their respective agencies or employers.
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i. Business owners, managers, and employees who are in an area of a
business establishment that is not open to customers, patrons, or the
public, provided that 6 feet of distance exists between employees. This
exception does not apply to employees who are present in the kitchen or
other food and beverage preparation area of a restaurant or food
establishment.
j. Patrons or customers in any Indoor Public Place that have no contact with
an employee of the business except as protected by a solid barrier such as
a plexiglass shield that substantially prohibits incidental infection from
respiratory droplets, provided that 6 feet of distance exists between all
other customers or persons not at all times protected by the solid barrier.
k. A situation where any person who is hearing-impaired needs to see the
mouth of someone wearing a face covering to communicate with the
person wearing the face covering, these requirements do not apply during
the course of that communication.
l. These requirements do not apply to a person who has trouble breathing or
while a person is unconscious, incapacitated, or otherwise unable to
remove the face covering without assistance.
m. These requirements do not apply if following these requirements would
be detrimental to health, safety, or security. If this exception is being
asserted for health reasons, the person asserting this exception is not
required to carry or produce documentation verifying the health condition
or to specifically identify the health condition to the business, an operator,
or law enforcement.
n. These requirements may not be applied in a manner that would conflict
with the Americans with Disabilities Act (ADA).
o. These requirements do not apply within a workplace area not otherwise
open to the public while a person is complying with engineering,
administrative, and work practice controls and/or personal protective
equipment (PPE) requirements, developed in accordance with the United
States Occupational Safety and Health Administration (OSHA) mitigation
and contingency planning document entitled “Guidance for Preparing
Workplaces for COVID-19” (as it may be amended or superseded from
time to time).
3) The owner, Operator, manager, and employee of a Bar, Restaurant or Indoor
Public Place shall ensure that every individual in that establishment complies with this
Ordinance. Each owner or Operator should establish rules for that business establishment
that encourage social distancing, hand washing, and other protective measures for
customers and employees based upon guidelines provided by the Centers of Disease
Control and the State Department of Health, and where applicable, OSHA.
(4) Any business establishment, including all Bars and Restaurants, that serves food
or drink for on-site consumption must comply with all of the following:
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a) Social Distancing must be maintained in accordance with this Ordinance
and CDC guidance to the greatest extent feasible at all times.
b) No food or drinks may be served to patrons for on-site consumption that
are not seated at a table or bar. Standing at a bar is prohibited.
c) Tables must be spaced such that no person and their Companions seated at
a table is less than 6 feet from another seat or person and their Companions
at a different table.
d) Persons seated at a bar must be spaced such that no person with their
Companions seated at the bar is less than 6 feet from another person or
their Companions.
e) Bars shall not maintain spaces that allow the congregation of unseated
people. Bar patrons must not be permitted to remain unseated at a table or
at the bar, in any area of the Bar, unless waiting to be seated. Any groups
of patrons so waiting must remain Socially Distanced in groups not larger
than 10, all of whom must be Companions. This specifically is intended to
prohibit dance floor areas within any Bar or Restaurant or other areas
allowing congregation of unseated persons.
f) No group larger than 10 may be seated at any one table.
(5) It is unlawful and a violation of this Ordinance for any employer to prohibit any
employee within Pinellas County from wearing a face covering as personal protective
equipment as described in the CDC guidance relating to face coverings. This is not
intended to prohibit employers from establishing uniform, non-discriminatory,
standards that allow only specific face coverings provided by the employer provided
that they are at least as protective as the employee supplied face covering as described
by the CDC guidance.
(6) This Ordinance is not intended to decrease or lessen any social distancing or public
protection requirements otherwise made applicable by law or order of the County, the
State or any other local governmental entity.
SECTION 4. Penalties and Enforcement. This ordinance may be enforced through any of
the following legal processes:
(1) Non-Criminal Citation.
a. A code compliance or law enforcement officer may, upon
observation of a violation by a person who does not immediately put
on a face covering after receiving a warning, issue a Local Ordinance
Violation citation to appear in County Court.
b. A code enforcement or law enforcement officer may, upon
observation of a violation of any other provision of this ordinance,
including Paragraph 4 of Section 3 of this Ordinance, by an owner
or employee of a Restaurant or Bar, or a customer of such
establishment, issue a Local Ordinance Violation citation to appear
in County Court.
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c. Any person or business establishment prosecuted under this
subsection and found in violation of this ordinance may be
punished by a fine of $100 for a first violation, $250 for a second
violation and $500 for a third violation.
(2) Injunctive relief. This Ordinance may be enforced through a complaint for
injunctive relief in Circuit Court seeking to enjoin violations that occur within the
County.
(3) Misdemeanor Arrest or Notice to Appear for Repeat Violations. Repeat
violations of this Ordinance, which was enacted for emergency purposes during a
State of Local Emergency declared by the County, may be enforced by police
officers or Sheriff’s Deputies pursuant to the provisions of §§252.47 and 252.50,
Florida Statutes.
(4) Defenses. An owner, Operator, manager, and/or employee of a
business establishment shall not be liable in any enforcement action taken under this
section for the violations of a guest, customer, and/or patron if that owner, Operator,
manager, or employee directed that guest, customer, and/or patron who refuses to
comply with the provisions of this Ordinance to vacate the premises or face
prosecution of trespass.
SECTION 5. Severability. If any section, subsection, sentence, clause, or provision of this
ordinance is held by a court of competent jurisdiction to be invalid, the remainder of this ordinance
shall not be affected by such invalidity.
SECTION 6. Applicability and Conflict. This ordinance is intended to have countywide
application. All County ordinances or parts of ordinances in conflict with this ordinance are hereby
suspended to the extent of said conflict for the duration of this Ordinance.
SECTION 7. Effective Date. This Ordinance shall take at 5:00 P.M. on Wednesday June 24, 2020,
and shall be filed with the Department of State.
SECTION 8. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this
ordinance shall sunset upon the expiration of the County State of Local Emergency as it may be
extended pursuant to law.
SECTION 9. Codification. Due to the temporary nature of this ordinance, the Board directs the
Clerk to send the ordinance to the Municipal Code for publication on its website but with instructions
to not codify the ordinance within the Pinellas County Code.
PASSED AND ADOPTED by the Board of County Commissioners of Pinellas County,
Florida, as an emergency ordinance at a regular meeting of said Board held on the 23rd day of June
2020.