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Palm Beach County Emergency Order 2

EMERGENCY ORDER NUMBER 2021-004
PALM BEACH COUNTY COVID-19
EXTENSION OF FACIAL COVERINGS DIRECTIVE


WHEREAS, 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 Palm Beach County; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52,
declaring a state of emergency for the State of Florida as a result of COVID-19 and has
subsequently extended the state of emergency in accordance with applicable law; and

WHEREAS, on March 13, 2020, pursuant to Section 252.38(3)(a)(5), Florida Statutes,
Palm Beach County declared a local State of Emergency due to the Coronavirus pandemic, which
has since been extended in accordance with applicable law; and
WHEREAS, on March 24, 2020, Governor Ron DeSantis also issued Executive Order 20-
83 directing the State Surgeon General and the State Health Officer to issue a public health
advisory for senior persons and persons that have a serious underlying medical condition that
places them at a high risk of severe illness from COVID-19 to stay at home. Such conditions
include, but are not limited to, chronic lung disease or moderate to severe asthma, serious heart
conditions, immunocompromised status, including those in cancer treatment, and severe obesity;
and

WHEREAS, Governor Ron DeSantis has issued a number of subsequent Executive Orders
in response to the COVID-19 pandemic, including Executive Order 20-112, a Phase 1: Safe Smart
Step-by-Step Plan for Florida’s Recovery, under which the Governor re-opened certain
businesses, and Executive Order 20-120 which, among other things, served to include Palm Beach
County under Phase 1, and Executive Order 20-123, in which the Governor extended and brought
all Florida counties into Full Phase 1; and

WHEREAS, Palm Beach County operated under Phase 1 from May 11, 2020 to September
4, 2020, in accordance with Executive Orders 20-120, 20-123 and Order 20-139, and on
September 3, 2020, Governor Ron DeSantis authorized Palm Beach County to move to Phase 2
of the Safe. Smart. Step-by-Step. Plan for Florida’s Recovery; and

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Order No. 2021-004
WHEREAS, the County Administrator determined that it was necessary and appropriate to
issue an emergency order authorizing additional business re-openings in accordance with the
direction of Governor DeSantis and Step 1 of the Incremental Phase 2 Re-Opening Plan and
Emergency Order 2020-024 was issued for that purpose on September 4, 2020; and
WHEREAS, on September 25, 2020, Governor DeSantis issued Executive Order 20-244
moving all of Florida’s counties into Phase 3. This order authorized all businesses to be open with
minimal restrictions; and

WHEREAS, in response to the Governor’s Executive Order 20-244, the County
Administrator, on September 29, 2020, issued Emergency Order 2020-028 repealing all prior
emergency orders with the exception of Orders 2020-012 (facial coverings) and 2020-017
(enforcement). Order 2020-028 allowed all businesses and establishments to reopen with
adherence to the facial covering order, social distancing, and enhanced cleaning protocols, and
indicated that pursuant to Governor DeSantis’ Executive Order 20-244, COVID-19 related
collection of fines and penalties upon individuals is suspended; and

WHEREAS, the Centers for Disease Control and Prevention (CDC) has affirmed that cloth
face coverings are a critical tool in the fight against COVID-19, citing increased evidence that cloth
face coverings help prevent people who have COVID-19 from spreading the virus to others and
evidence that masks also help reduce the inhalation of virus-laden droplets by the wearer; and
WHEREAS, the CDC continues to recommend the use of face coverings, the practice of
social distancing, and enhanced cleaning and disinfection to prevent COVID-19 spread; and

WHEREAS, the County Administrator issued Emergency Order 2020-012, Additional
Directive on Wearing of Facial Coverings, on June 24, 2020 mandating the wearing of facial
coverings in all businesses, establishments, and in public spaces. The order also required retail
establishments and restaurants to post signage containing information regarding sanitization,
social distancing, and facial covering requirements. This order, as extended, will expire on April
18, 2021 at 12:01 a.m., unless further extended; and

WHEREAS, considering the most current data on COVID-19 spread in Palm Beach County
and throughout the nation, the County’s Phased Restart Resurgence Indicators, the CDC
recommendations on wearing of facial coverings, and the reopening of all Palm Beach County
businesses, establishments, and public schools, the County Administrator has determined that it
is in the best interest of the County to protect the health, safety, and welfare of its residents and
visitors at this time to extend Emergency Order Number 2020-012 as set forth herein.

NOW, THEREFORE, IT IS HEREBY ORDERED pursuant to Palm Beach County Code
Chapter 9, Article II, Section 9-35, as well as the authorities granted to me by Declaration of
Emergency issued by Governor DeSantis in Executive Order 20-52, by Chapter 252, Florida
Statutes, by the Board of County Commissioners, by the Palm Beach County Comprehensive
Emergency Management Plan, and as otherwise provided by law, I hereby order as follows:

1. Recitals. The foregoing recitals are hereby incorporated herein by reference.
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Order No. 2021-004
Extension. Executive Order 2020-012 is hereby extended until 12:01 a m. on May
18, 2021.
2.
Conflicts. Any provision(s) within this Order that conflict(s) with any state or federal
law or constitutional provision, 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 Order,
with the remainder of the Order remaining intact and in full force and effect. To the
extent application of some or all of the provisions of this Order is prohibited on the
sovereign land of a federally or state recognized sovereign or Indian tribe, such
application is expressly excluded from this Order. The provisions of this Order shall
supersede the specific provisions of any previously issued County Emergency
Order that is contrary to or in conflict with this Order.
3.
Effective Date. This Order shall be effective as of 12:01 a m. on April 18, 2021. 4.
APPROVED AS TO
LEGAL SUFFICIENCY PALM BEACH COUNTY
By: Denise Marie Nieman
County Attorney By:
County Administrator
ATTEST
CLERK & COMPTROLLER
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