HomeMy WebLinkAbout2020-113DBOARD OF COUNTY COMMISSIONERS
3120200031999
ER�'O RECORDED IN THE PUBLIC RECORDS OF '
G JEFFREY R SMITH, CLERK OF COURT
4 INDIAN RIVER COUNTY FL
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INDIAN RIVER COUNTY EMERGENCY ORDER 2020-012
WHEREAS, on March 1, 2020, Governor Ron DeSantis, in his capacity as Governor of
the State of Florida, issued Executive Order 20-51, directing the declaration of a public health
emergency and establishing the State of Florida's response to COVID-19; and
WHEREAS, on March 1, 2020, the State Surgeon General declared a public health
emergency in the State of Florida; and
WHEREAS, on March 7, 2020, Indian River County began making preparations to
address COVID-19; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis, in his capacity as Governor of
the State of Florida, issued Executive Order Number 20-52, declaring that a state of emergency
exists in the State of Florida by reason of COVID-19; and
WHEREAS, on April 29, 2020, Governor Ron DeSantis issued Executive Order Number
20-112, which allowed restaurants and food establishments licensed under Chapters 500 or 509,
Florida Statutes, to have on -premises consumption of food and beverage, so long as they adopt
appropriate social distancing measures and limit their indoor occupancy to no more than 25 percent
of their building occupancy; and
WHEREAS, Executive Order Number 20-112 permitted in-store retail sales
establishments to open if they operated at no more than 25 percent of their building occupancy and
abide by the safety guidelines issued by the CDC and OSHA; and
WHEREAS, on May 14, 2020, Governor Ron DeSantis issued Executive Order Number
20-123, which allowed restaurants and food establishments licensed under Chapters 500 or 509,
Florida Statutes, to serve patrons at indoor seating so long as they limit indoor occupancy up to 50
percent of their seating capacity, excluding employees; and
WHEREAS, Executive Order Number 20-123 also permitted in-store retail sales
establishments to operate up to 50 percent of their building occupancy so long as certain safety
measures were taken; and
OFFICE OF THE COUNTY ADMINISTRATOR
INDIANRIVER COUNTY
180127th Street, Vero Beach, Fl. 32960-3388
PHONE: 772-226-1408
BOARD OF COUNTY COMMISSIONERS
WHEREAS, pursuant to section 101.10(1) of the Code of Indian River County, and
Resolution 2019-55 of the Indian River County Board of County Commissioners, the County
Administrator is authorized to declare a local state of emergency upon making a determination that
a disaster has occurred or is imminent, requiring immediate and expeditious action,
WHEREAS, in my capacity as County Administrator, I determined that, by reason of
COVID-19, the threat of a disaster had occurred or was imminent, requiring immediate and
expeditious action, and declared that a local state of emergency existed in all of Indian River
County, Florida, effective as of 8:00 a.m., on the 17th day of March, 2020; and
WHEREAS, in my capacity as County Administrator, I determined that, by reason of
COVID-19, the threat of a disaster had occurred or was imminent, requiring immediate and
expeditious action, and declared that a local state of emergency existed and continued to exist in
all of Indian River County, Florida, on March, 24, March 31, April 7, April 14, April 21, April 28,
May 5, May 12, May 19, May 26, June 2, and again on June 9, 2020; and
WHEREAS, while the Governor has allowed restaurants and retail stores to re -open per
Executive Order 20-112, with expended capacity per Executive Order 20-123, restaurants and
retail stores may need additional flexibility, consistent with that order, in order to make service
viable; and
WHEREAS, the County wants to take all reasonable efforts to assist restaurants to open
in a viable manner while helping protect the health & safety of County residents; and
WHEREAS, by reason of such declarations of a state of emergency, and pursuant to the
authority granted in me in my capacity as County Administrator, I am authorized to enter
emergency orders necessary to ensure the health, safety and welfare of the residents of Indian
River County, including, without limitation, those orders authorized in chapter 252, Florida
Statutes, and chapter 101 of the Code of Indian River County, and other applicable law;
NOW, THEREFORE, this Emergency Order is issued declaring that restaurants and food
establishments as identified under Governor's Executive Order Number 20-112 located in the
unincorporated areas of Indian River County, can provide outdoor seating and outdoor retail as set
forth below:
Section A. Waiver of Temporary Use Permits
Temporary use permits or other permits required for such activities by those restaurants
and food establishments and retail sales establishments operating consistent with this Emergency
Order, Governor's Executive Order 20-112 and Governor's Executive Order 20-123, shall be
waived.
Section B. Temporary Outdoor Dining Area and Retail Service Areas Requirements
Site plan restrictions governing temporary outdoor dining areas and outdoor retail sales
shall be waived for restaurants and food establishments and retail sales establishments operating
OFFICE OF THE COUNTYADMINISTRA TOR
INDIANRIVER COUNTY
1801 271h Street, Vero Beach, Fl. 32960-3388
PHONE: 772-226-1408
BOARD OF COUNTY COMMISSIONERS
consistent with this Emergency Order, Governor's Executive Order 20-112 and Governor's
Executive Order 20-123 within the limitations set forth below.
1. Temporary outdoor dining areas and retail service areas shall not block entrance or exit
ways, fire lanes, fire hydrants, or any other aspect of public safety.
2. Except as noted in this Emergency Order, temporary outdoor dining areas and retail service
areas shall not block streets, driveways, parking lot lanes, parking areas, or anywhere that
impedes access or poses a conflict between diners or patrons and vehicular traffic.
3. Temporary outdoor dining areas and retail service areas located within a parking area, shall
utilize a temporary physical barrier to separate the dining from the remaining parking.
4. Temporary outdoor dining areas and retail service areas shall not block any drainage or
utility areas or impede the operation and maintenance of these areas.
5. Temporary outdoor dining areas and retail service areas shall comply with all applicable
fire code and public health department requirements.
6. Temporary outdoor dining areas and retail service areas shall comply with all applicable
provisions of Governor's Executive Order Number 20-112 and Governor's Executive
Order 20-123.
Section C. Contract Infringement
This Emergency Order shall not infringe on any contractual obligations between a landlord
and tenant which relate to the tenant's authority to utilize outdoor space for temporary outdoor
dining areas and retail service areas.
THIS EMERGENCY ORDER shall be enforced in the unincorporated areas of Indian
River County per section 252.47, Florida Statutes. Violation of this Emergency Order is
punishable pursuant to section 252.50, Florida Statutes as a misdemeanor of the second degree.
THIS EMERGENCY ORDER shall be in effect in Indian River County, from 8 a.m. on
June 10, 2020 until 8 a.m. on June 17, 2020, or until further order.
DONE AND ORDERED this 10th day of':June, 2020.
Jason E. ko4n, Indian River County Administrator
OFFICE OF THE COUNTYADMINISTRA TOR
INDIAN RIVER COUNTY
18012711 Street, Vero Beach, Fl. 32960-3388
PHONE: 772-226-1408