Resolution 20-46, May 28, 2020

Order Lifting Local Restrictions Except as Provided

Whereas, in response to the emergence of a novel coronavirus and the respiratory disease it causes (“COVID-19”), the World Health Organization (WHO) has officially characterized COVID-19 as a pandemic that constitutes a Public Health Emergency of International Concern; and

Whereas, on March 1, 2020, Governor Ron DeSantis issued Executive Order Number 20-51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and accordingly the State Surgeon General and State Health Officer declared that a Public Health Emergency exists in the State of Florida; and

Whereas, on March 9, 2020, Governor Ron DeSantis issued Executive Order Number 20-52 declaring a State of Emergency for the state of Florida in furtherance of efforts to respond to and mitigate the effects of COVID-19 throughout the state; and

Whereas, since that time, the Governor has found it necessary and appropriate to issue additional Executive Orders to slow the spread of COVID-19, and has recently modified existing restrictions to implement a phased re-opening process, and has provided parameters for the conduct of permitted business operations, directed compliance with health and safety practices as established by the Centers for Disease Control and Prevention (CDC), and elaborated other restrictions and modifications to previous orders; and

Whereas, in order to fully and effectively respond to the developing threats posed by the novel coronavirus and its associated disease (COVID-19), and in coordination with ongoing emergency actions by the state and federal governments, the Pinellas County Board of County Commissioners (Board) passed Resolution 20-16 declaring a state of local emergency in Pinellas County (Resolution), and subsequently extensions and orders have been issued continuing the state of local emergency based on ongoing threats and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; and

Whereas, in order to further protect the public, the Board adopted its Safer at Home Order by Resolution 20-20 on March 25, 2020, which among other things, restricted places of public assembly including closing publicly accessible pools and playgrounds; and

Whereas, in order to support and accomplish the public health goals and guidance of the CDC as fully as possible, and to enable compliance with response efforts at the state and national level, an order lifting the restrictions imposed by previous orders of the Board is appropriate and will aid both public compliance therewith as well as the burden on the law enforcement personnel and others charged with enforcing elements of the response to COVID-19 going forward; and

Whereas, for the avoidance of doubt, owners and operators of previously restricted facilities may continue to impose restrictions to the extent they are otherwise legally able to do so and find it appropriate to do so; and

Whereas, the effect of this order is intended to be a removal of previous restrictions imposed by the County’s response to COVID-19 but is not intended to remove the effect of orders put in place to facilitate other elements of COVID-19 response, such as those providing for the conduct of public meetings or administration of grant programs; and

Whereas, Pursuant to 252.38(1), Florida Statutes, and Pinellas County Charter section 2.04 (k), the County has jurisdictional authority over the entire county for emergency management purposes.

Now, therefore, be it resolved and declared by the Board of County Commissioners of Pinellas County, Florida, this 28th day of May 2020:

1. Existing restrictions applicable to beaches, pools located at hotel/motels, and playground equipment at childcare facilities are removed as of 3:00 p.m. on May 28, 2020. Effective June 1, 2020, all remaining restrictions imposed by previous emergency actions of the County in response to COVID-19, including those pertaining to any other locations such as pools or public playgrounds, are removed, except only to the extent provided herein.
2. All individuals, businesses, operations, and organizations, in addition to any requirement imposed elsewhere including the Governor’s orders pertaining to COVID-19, and to any other operational requirement expressed therein, should to the maximum extent possible implement and comply with current CDC guidance regarding social distancing, disinfection, and hazard mitigation, including but not limited to guidance regarding personal proximity, sanitization, and hygiene.
3. All members of the public should monitor the most current CDC guidance regarding personal protective measures, and are therefore strongly encouraged to wear a cloth face covering while indoors in public, as well as maintain compliance with all other standards and recommendations provided by the CDC.

Severability.

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 Indian tribe, such application is expressly excluded from this Order.

Effective Date; Duration.

This Order is effective immediately upon filing with the Clerk of the Circuit Court which will happen at the close of this meeting.

This Order is in addition to the Executive Orders issued by Governor DeSantis.

This Order applies to incorporated and unincorporated areas within Pinellas County, but has no application outside of Pinellas County.

This order and prior resolutions and emergency orders remain in force and effect unless modified or superseded.

Commissioner Peters offered the foregoing Resolution and moved its adoption, which was seconded by Commissioner Long, and upon roll call the vote was:

AYES: Gerard, Eggers, Justice, Long, Peters, Seel, and Welch.
NAYS: None.
ABSENT AND NOT VOTING: None.

Miles Belknap, Office of the County Attorney: Approved as to form

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