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Broward County, Florida Mask Mandate
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Broward County has issued an Emergency Order requiring the mandatory use of masks. Residents and visitors of the state are required to wear masks in public at all times while also practising social distancing of six feet. Additionally, employees of all businesses in the county are also required to wear masks, especially when interacting with customers on a face-to-face basis. Businesses are also required to display signage reminding staff and customers alike to wear facial masks. Any violations of the mask order will result in a $100 fine.

Exemptions of the mask order in Broward County include children under the age of two, as well as individuals with a pre-existing medical condition that may make wearing a mask too difficult. People who are working alone in offices where there is no interaction with customers, and who are not surrounded by people from other households, are also not required to wear masks indoors.

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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 Broward County;

WHEREAS, on March 1, 2020, Governor Desantis declared a Public Health Emergency as a result of COVID-19, and on March 9, 2020, Governor Desantis issued Executive Order 20-52, declaring a State of Emergency as a result of COVID-19;

WHEREAS, on March 10, 2020, I declared a Local State of Emergency; 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;

WHEREAS, to reduce the spread of COVID-19, the United States Centers for Disease Control and Prevention ("CDC") recommends implementation of community mitigation strategies to increase containment of the virus;

WHEREAS, on March 10, 2020, the Broward County Board of County Commissioners authorized me to take any appropriate and necessary action to protect the health and safety of Broward County residents and visitors in connection with COVID-19, and other emergency powers, including under the state-approved emergency management plan, had previously been delegated to me (as further outlined below);

WHEREAS, on September 25, 2020, I issued Emergency Order 20-25 specifying the requirements for certain establishments and allowing certain other establishments to operate;

WHEREAS, that same day, Florida Governor Ron Desantis issued Executive Order 20-244, preempting local governments from taking certain actions with respect to certain establishments; and

WHEREAS, in light of Governor Desantis' order, I am compelled to allow certain other establishments, including nightclubs, bars, pubs, breweries, cocktail lounges, hookah bars, cigar bars, and adult entertainment establishments, to resume operations subject to the requirements set out in Attachment 2 of Broward County Emergency Order 20-21, as amended,

NOW, THEREFORE, I, Bertha Henry, the Broward County Administrator, pursuant to my emergency authority under Sections 8-53 and 8-56 of the Broward County Code of Ordinances, as well as the authority granted to me by the Declaration of Emergency issued by Governor Desantis in Executive Order 20-52, by Chapter 252, Florida Statutes, by the Board of County Commissioners, and by the Broward County Comprehensive Emergency Management Plan, hereby order as follows:

Section 1. Amendment to Section 2 of Broward County Emergency Order 20-21, as amended by subsequent Broward County Emergency Orders.

Section 2 of Emergency Order 20-21, as amended, is deleted in its entirety.

Section 2. Capacity limitations at Restaurants and Establishments with a Food Service License.

To the extent preempted by Florida Governor Emergency Order 20-244, issued on September 25, 2020, any provisions within any Broward County Emergency Order, including within the Attachment 2 to Emergency Order 20-21, that limit the otherwise permitted capacity of restaurants or any establishment with a food service license are of no further force or effect. This order is being issued on an expedited basis to conform to the Governor's Emergency Order 20-244. To the extent required, Broward County Emergency Orders will be further modified.

Section 3. Establishments Licensed to Serve Food or Alcohol.

Bars, pubs, nightclubs, adult entertainment establishments, banquet halls, breweries, cigar bars, and any other establishment that is licensed by the Florida Department of Business and Professional Regulations to sell food and/or alcohol may operate, but must do so in compliance with Attachment 2 to Emergency Order 20-21, as amended hereby.

Section 4. Amendments to Attachments to Emergency Order 20-21.

A. Attachment 2 (previously titled "Restaurants and Food Establishments") to Broward County Emergency Order 20-21 is retitled "All Establishments Serving Food or Alcohol" and replaced in its entirety with Attachment 2 hereto.

Section 5. Applicability; Severability.

This Emergency Order supersedes and replaces any contrary provision in any prior Broward County Emergency Order. Except as superseded, all Broward County Emergency Orders remain in full force and effect. Terms defined in Emergency Order 20-21 shall retain the same meaning to the extent used herein. This Emergency Order and all Broward County Emergency Orders apply to all incorporated and unincorporated areas within Broward County, but have no application outside of Broward County. The provisions of this Emergency Order shall serve as minimum standards, and municipalities within Broward County may establish more stringent standards within their jurisdictions, to the extent permitted by law. Any provision(s) within this Emergency Order that (i) conflict(s) with any state or federal law or constitutional provision, or (ii) conflict(s) with or are superseded by a current or subsequently-issued Executive Order of the Governor or the President of the United States solely to the extent such Executive Order (a) expressly preempts the substance of this Emergency Order or (b) imposes stricter closures than set forth herein, 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 of 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.

Section 6. Effective Date;

Duration. This order shall be effective immediately. This Emergency Order shall expire upon the expiration of the existing State of Local Emergency, as same may be extended by subsequent order or declaration, unless earlier terminated by subsequent Emergency Order