New Alachua County Emergency Order: Social Distancing, Violations, Citations

ALACHUA COUNTY - Alachua County has released the second amendment to Emergency Order 20-30. It changes the requirements concerning gatherings. See below for the new requirement language.

Groups with more than 50 people are not permitted to congregate in a space that does not readily allow for appropriate social distancing and may be ordered to disperse by law enforcement or codes enforcement. Groups of any number who are not socially distancing will be required to socially distance and may be ordered to disperse by law enforcement or codes enforcement if they do not comply. Social distancing, for the purpose of this provision, requires adherence to the social distancing recommendations of the Centers for Disease Control and the Surgeon General of Florida and requires 6-foot spacing between persons of different households.

View the full order.  

Details of Order

THEREFORE, IT IS ORDERED THAT:

1. Except as herein noted Executive Order 20-139 shall govern the residents and businesses in Alachua County.
2. Operations of services and activities.
3. All services and activities permitted to be operated by Governor DeSantis’ Executive Orders (in existence as of this Emergency Order and executed subsequent to this Emergency Order) may operate in Alachua County pursuant to the standards contained herein and referenced by this Emergency Order. All services and activities shall operate in accordance with OSHA and CDC guidelines applicable to their business.
4. All services and activities, in which persons are required to wear facial covering, shall post the appropriate signage in color in both English and Spanish, available here. http://alachuacounty.us/covid-19/ or by calling 311 (for preprinted sign). Signs shall be at least 11in x 17in. Signage shall be posted in conspicuous locations which are clearly visible to the patrons and employees throughout each physical location reminding patrons and employees to observe social distancing requirements and to use facial coverings, as required by this Emergency Order. Signage shall be posted, at a minimum, at all points of access (including employee points of access) and throughout the service and activity. Whenever possible, signage shall be posted between 4ft and 5ft as measured from the floor to the bottom of the sign. This subsection (2(b)) will be effective July 1, 2020.
5. Use of facial coverings.
6. Persons working in or visiting grocery stores, restaurants, in-store retail establishments, pharmacies, construction sites, public transit vehicles, vehicles for hire, along with locations where social distancing measures are not possible shall appropriately wear facial coverings as defined by the CDC, in a manner which covers the mouth and orifices of the nose.
7. Facial covering includes any covering which snugly covers the nose and mouth, whether store bought or homemade, and which is secured with ties or ear loops. The Centers for Disease Control provide examples of homemade facial coverings. Persons should not utilize N95 rated masks, as those are critical supplies for health care workers, police, fire, emergency management, or other persons engaged in life/safety activities. Persons who wear facial coverings should review the CDC and Florida Department of Health guidelines regarding safely applying, removing, and cleaning face coverings.
8. A facial covering shall not be required for children under six, persons who have trouble breathing due to a chronic pre-existing condition or individuals with a documented or demonstrable medical problem. It is the intent of this provision that those individuals who cannot tolerate a facial covering for a medical, sensory or any other condition which makes it difficult for them to utilize a facial covering and function in public are not required to wear one. It is recognized that ¹² https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html Alachua County Second Amendment to Emergency Order 20-30 Page 5 of 7 this requirement is broader than what might be considered to be a covered condition under the Americans with Disabilities Act.
9. This Emergency Order does not change or alter any social distancing requirements imposed by this or in any other emergency order.
10. This Emergency Order does not change any requirements for wearing facial coverings imposed by regulatory bodies or orders from the Governor.
11. Facial coverings do not have to be worn while actively eating or drinking.
12. Groups with more than 50 people are not permitted to congregate in a space that does not readily allow for appropriate social distancing and may be ordered to disperse by law enforcement or codes enforcement. Groups of any number who are not socially distancing will be required to socially distance and may be ordered to disperse by law enforcement or codes enforcement if they do not comply. Social distancing, for the purpose of this provision, requires adherence to the social distancing recommendations of the Centers for Disease Control and the Surgeon General of Florida, and requires 6 foot spacing between persons of different households.
13. Severability. Any provision(s) within this Emergency Order that conflict(s) with any State or Federal law or constitutional provision, including the State’s preemption of the regulation of firearms and ammunition codified in section 790.33, Fla. Stat., or conflict(s) with or are superseded by a current or subsequently-issued Executive Order of the Governor or the President of the United States, shall be deemed inapplicable and deemed to be severed from this Emergency Order, with the remainder of the Emergency Order remaining intact and in full force and effect. To the extent application of some or all the provisions of this Emergency Order is prohibited on the sovereign land of a federally or state recognized sovereign Indian tribe, such application is expressly excluded from this Emergency Order.
14. Effective Date; Duration. This Emergency Order supersedes any inconsistent emergency order. This Order shall be effective upon filing with the Clerk of the Court and will stay in effect during the pendency of the state of emergency or until adoption of subsequent order or repeal.
15. This Emergency Order is in addition to the Executive Orders issued by Governor DeSantis.
16. This Emergency Order applies to incorporated and unincorporated areas within Alachua County, but has no application outside of Alachua County. Municipalities have the authority to enforce this County Order within their jurisdiction. Municipalities are authorized to impose regulations which are more stringent than those set forth herein.
17. The County or municipalities within its boundaries will direct any establishment to cease and desist operations that are in violation of this Emergency Order and may treat violations as a Alachua County Second Amendment to Emergency Order 20-30 Page 6 of 7 violation of County or Municipal ordinance as appropriate. The County has jurisdiction countywide to enforce the terms of this Order.
18. This Emergency Order does not apply to operations of local governments within the county, to the State University System, State College System, the State of Florida, or Federal agencies who are encouraged to adopt their own rules and procedures regarding the matters set forth herein.
19. Except as provided herein, any violation of these emergency measure(s) shall be a violation of Sec. 252.50, Fla. Stat., and may be punishable as provided therein and shall be enforced by law enforcement as provided by law. Notwithstanding the provisions herein, the County may alternatively enforce these emergency measure(s) by issuing a citation imposing a fine not to exceed $500 per violation, pursuant to Chapt. 162, Fla. Stat. All other remedies available at law or equity, including injunction, remain available to the County.
20. A violation of section 3 of this Order is a noncriminal infraction. A violation of section 3 of this Order does not authorize the search or arrest of any individual. Prior to issuing any citation, the individual will be asked to comply with the order or be able to explain how 3(c) applies to them. Failure to comply with the requirements of section 3 of this Order presents a serious threat to the public health, safety, and welfare, pursuant to Chapt. 162, Fla. Stat., and a citation may be issued immediately for such violation. The County shall enforce the first violation of section 3 of this Emergency Order through a fine of $125.00 to the violator. The second violation of section 3 of this Emergency Order shall be subject to a fine of $250.00 to the violator. All subsequent violations of section 3 of this Order shall constitute a Class V violation under Art. II, Chapt. 24 of the Alachua County Code of Ordinances, requiring a mandatory court appearance and subject to a fine not to exceed $500.00. All other remedies available at law or equity, including injunction, remain available to the County, even after issuance of a citation. The municipalities may enforce this Order as provided by Florida law and municipal code.
21. This Order supersedes and replaces any conflicting provisions of prior orders.

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