GOVERNMENT

Despite DeSantis' rollback of coronavirus restrictions, Southwest Florida mask mandates to stay

Patrick Riley
Naples Daily News

When Gov. Ron DeSantis last week announced he was lifting coronavirus restrictions and suspending virus-related fines and penalties on individuals, the viability of local mask orders was suddenly called into question.

But officials of Southwest Florida's three local governments with mask mandates said Monday that their requirements will continue until further notice. Some cities and counties have said they will no longer enforce potential fines.

DeSantis' executive order, issued Friday as the governor announced his reopening efforts, "suspends the collection of fines and penalties associated with COVID-19 enforced upon individuals."

More:DeSantis OKs state moving into Phase 3 of reopening, lifting most limits

Collier County

For Collier, that wording means the county's local order will remain at "status quo" until commissioners direct otherwise, said County Attorney Jeff Klatzkow.

Enforcement of the county's order has been limited to businesses who refuse to comply — not individuals — and officials have said that with one notable exception, there has been widespread voluntary compliance.

"We've never cited any individual in Collier County," Klatzkow said.

The governor "previously requested and presumably reviewed copies of all of Florida's local government Mask Orders," Klatzkow wrote in an email to county commissioners Monday morning.

He "expressly limited the prohibition to enforcement upon individuals," Klatzkow added.

Had DeSantis wished a general prohibition of the enforcement of fines and penalties, the executive order would not have referred to individual fines and penalties, according to Klatzkow.

More:Collier Commission extends county's mask mandate until Oct. 22

More:Collier mask order spawns complaints against businesses accused of not enforcing rules

A spokesman for the governor's office confirmed Monday that the executive order "has no effect on the fines and fees of businesses and entities."

Although the mask mandate has been the subject of much debate in Collier, health officials have credited it with a drop in COVID-19 cases.

Stephanie Vick, administrator of the Florida Department of Health in Collier County, told commissioners earlier this month that there has been a "significant decline" in the number of cases since the mask order was enacted.

Commissioners subsequently extended the order — which requires workers and patrons in many businesses in unincorporated Collier to wear facial coverings — until Oct. 22. 

Collier's mask order includes exceptions for some businesses or certain situations, like when a customer eats or drinks.

Fines can be up to $500 for a violation, per the order, but they would likely slowly ramp up for repeat noncompliance. By early September, the county had only issued five violations.

The county's order also spawned a federal lawsuit from a vocal opponent. 

Alfie Oakes, who owns two Collier grocery stores and has publicly said he would not enforce the rules, sued the county in early August over its mask mandate, contending it is unconstitutional and invalid, and that he has been “targeted for enforcement.”

The Naples Daily News reported last month that county code enforcement had only issued fines or citations against Oakes' two businesses: three for Seed to Table, with fines of $105, $255 and $405, and two for Oakes Farms Market, with fines of $105 and $225.

As of Monday, the lawsuit continued with oral arguments scheduled for Friday before a federal judge in Fort Myers regarding the county's motion to dismiss and a temporary injunction sought by Oakes.

Sanibel 

In late June, the Sanibel City Council became the first in Southwest Florida to endorse a mask requirement. Sanibel's ordinance requires face coverings for everyone over the age of 2 years while indoors at a business or place of public accommodation.

City Attorney John Agnew wrote in an email to a reporter Monday that Sanibel's mandate "remains in force and effect, less and except the potential $50 fine for a violation."

But even without fines, the mandate is still enforceable, Agnew wrote, because "it still enables businesses to require unmasked patrons to either don a mask or be required to leave the premises."

If the person refuses to take either action, the patron could be subject to removal for trespass, he added.

"The mandate is for individuals, so the fine was applicable to individuals," Agnew wrote. "That said, the hope and intention of the City Council was always to enforce the mandate through education, not through levying of fines."

Education has proven to be enough, he added, with the city seeing "broad compliance without any fines ever being issued on its mask mandate since inception."

Fort Myers Beach

Not long after Sanibel passed its ordinance, the Town of Fort Myers Beach followed suit. 

Fort Myers Beach's requirement directs everyone over the age of 6 to have access to a face covering while they are away from their place of residence and to wear a face covering when social distancing is not possible. 

All Fort Myers Beach business operators, employees and customers must wear a face covering while inside the business. Operators and employees in those businesses are directed to ensure that individuals comply with the mandate. 

"As far as we're concerned our ordinance is still in effect," said Fort Myers Beach Mayor Ray Murphy.

Nothing has changed with respect to the virus and the pandemic, he said, and experts say the only way to combat it is by wearing a mask. 

"We rely on science down here," Murphy said. "Not the politics of it." 

More:Fort Myers Beach votes in favor of masks requirement, keeps beaches open

More:Sanibel to require masks in public, limit beach parking

The town, Murphy said, has not had to fine anyone yet. However, he added, "there has to be teeth to it."

The compliance level has been "high," according to Murphy.

"For the most part, people get it," he said.

Some, like Miami-Dade County, said they would stop issuing citations for not wearing masks outdoors following the sweeping order, the Miami Herald reported.

Murphy said the governor's office is likely "getting bombarded" with questions "due to the vagueness" of the order.

The governor's executive order, which also lifted coronavirus restrictions on restaurants across the state, appears to have caught some local officials by surprise.

The mayors of Orlando and Orange County said they were caught off guard by the decision Friday to roll back restrictions on bars, restaurants and other businesses, the Orlando Sentinel reported.

Fort Myers Beach Councilman Jim Atterholt, who voted against the town's mask mandate, said he has heard from local businesses who are "very confused" as to what the governor's order means.

Although they are "very encouraged" by the order, they're looking for some clarity, he said.

"They're trying to understand what the rules are," Atterholt said.

- Naples Daily News reporter Karl Schneider and Tallahassee Democrat News Director Jim Rosica contributed to this story.

Connect with the reporter at patrick.riley@naplesnews.com or on Twitter @PatJRiley.