Broward County order requires residents to follow mask rules in their home
flarecord.com - 1 hours ago
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An order issued by Broward County requires residents to follow mask rules in their own homes.
Signed by county administrator Bertha Henry on July 17, Section 4 of the order applies to residential property residents and states the following:
“All persons who reside on any residential property, whether single family or multi-family, and irrespective of whether they own or rent the property, must ensure that all persons on the residential property, including guests, comply with all applicable guidelines of any Broward County Emergency Order, including the facial covering requirements. Residents who fail to ensure compliance with all applicable Broward County Emergency Orders by such persons shall be subject to the penalties set forth in Section 8-56 of the Broward County Code of Ordinances, with each person present and in violation of an applicable Emergency Order constituting a separate violation.”
Attorney Daniel Uhlfelder, who reviewed the order, is baffled by it.
“How is this enforced? That’s the problem,” Uhlfelder told the Florida Record. “Where there's noncompliance, are you going to turn in your roommate, your cousin or your kid? I see Broward County’s intent but there could be issues with trying to enforce compliance while at home.”
When asked if the U.S. Constitution applies to residents in their home, Uhlfelder said yes and that the issue is ripe for litigation.
“This is evidence that we need a statewide mandate,” he said. “Florida doesn’t have a comprehensive plan, which creates confusion. Counties shouldn't have to draft their own mask language. The virus doesn't care if you live in Broward, Walton, Orange or Duvall County. It’s all over.”
The administrator’s order comes on the heels of an alleged spike in cases. According to the Florida Department of Health, there were 365,244 cases and 5,206 deaths as of July 21 compared to 25,492 cases on April 18 and 740 deaths. Locally in Broward, there have been 42,577 cases and 517 deaths.
“We need one mask requirement for the whole state so that everyone knows whether to wear a mask or not,” Uhlfelder said in an interview. “Currently, you can go to one county and be required to wear a mask but the next county, there’s isn’t a mask requirement. I've never seen it suggested that there be any requirement for family to police their own homes."
Okaloosa County commissioners, for example, discussed mask requirements on July 21.
"They voted unanimously to require businesses to post on the entrances to their establishments whether or not they are mandating masks in their establishment," said Christopher Saul, spokesperson for the Okaloosa County commissioners.
On July 17, twelve state representatives sent a letter to Gov. Ron DeSantis asking him to take strong action against the coronavirus in Florida.
“Florida is now the global epicenter of this pandemic,” the letter states.”We ask that you immediately impose a statewide mask order and stay-at-home orders recommended by public health officials in parts of the state where the outbreak is raging. By failing to reopen our state in the safe, smart, and step-by-step manner that you promised, and by ignoring CDC gating criteria, our state may be forced into a statewide economic shutdown, either by your order or simply because Floridians and visitors do not feel safe.”
Gov. DeSantis did not immediately respond to requests for comment.
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