Palm Coast - The City of Palm Coast signed two Emergency Proclamations on Monday that mirror the Executive Orders 20-86 and 20-87 issued by Gov. Ron DeSantis to suspend vacation rental operations and to add Louisiana to the states that have substantial community spread of COVID-19, thus requiring those entering Florida from Louisiana and the other named states to self-quarantine for a period of 14 days from entry.
The full emergency proclamations can be found below:
WHEREAS, the Governor issued Executive Orders 20‐80, 20‐82 and 20‐86 for the COVID - 19 virus emergency; and
WHEREAS, the Executive Orders provide that individuals arriving through airports or by other transportation from the New York Tri‐State area (Connecticut, New Jersey and New York) or Louisiana isolate or quarantine themselves for a period of fourteen (14) days from the time of entry into the State of Florida or the duration of the person's presence in the State of Florida, whichever is shorter; and
WHEREAS, the Governor's Orders do not apply to persons employed by the airlines and those performing military, emergency or health response; and
WHEREAS, pursuant to the Governor's Orders, all persons who are in isolation or quarantine under the Orders are responsible for all costs associated with the person's isolation or quarantine, including transportation, lodging, food, medical care and any other expenses to sustain the person during the period of isolation or quarantine; and
WHEREAS, individuals from the New York Tri‐State area or Louisiana have or may travel to Flagler County by automobile or through the Flagler County Executive Airport; and
WHEREAS, based upon the Governor's Orders and the fact findings recited therein, it is apparent that the safety of the City of Palm Coast residents could be adversely affected by individuals arriving from the New York Tri‐State Area or from Louisiana; and
WHEREAS, the City Manager in consultation with health department and other government officials has determined that enacting and implementing the Governor's Orders as emergency orders of the City will serve the public interest in helping to mitigate the spread of the COVID - 19 virus; and
WHEREAS, the City can implement the Governor's Orders by enacting its own emergency order and enforcing it to assist the Department of Health; and
WHEREAS, enacting this emergency order directing isolation and quarantine is consistent with Section 381.0012(5), Florida Statutes and with the Governor's intent.
NOW, THEREFORE, BE IT PROCLAIMED, by the Mayor of the City of Palm Coast that
Section 1. Effective as of March 27, 2020 at 5:00 p.m., any individual from the New York Tri‐ State area or Louisiana arriving in Palm Coast by automobile, or by any other method of motorized
transportation or through the Flagler County Executive Airport, shall isolate or quarantine themselves for a period of fourteen (14) days from the time of entry into the City of Palm Coast, Florida or for the duration of the person's presence in the City of Palm Coast, whichever is shorter.
Section 2. Any person from the New York Tri‐State area or Louisiana who arrived in Palm Coast on March 23, 2020 to March 27, 2020 at 5:00 p.m. and is still in Palm Coast as of the date of this Proclamation shall isolate or quarantine for a period of fourteen (14) days from the date of March 23, 2020 or for the duration of the person's presence in the State of Florida, whichever is shorter.
Section 3. This Emergency Proclamation shall not apply to those performing military, emergency or health or infrastructure response, or persons involved in any commercial activity.
Section 4. All persons isolating or quarantining shall be responsible for all costs associated with the person's isolation and quarantine including transportation, lodging, food, medical care and any other expenses to sustain the person during the period of isolation or quarantine.
Section 5. The lodging establishment or any person or entity that is subject to the local Tourist Development Tax (hereafter "lodging facility") shall prepare a continuing report of the names of any individuals from the New York Tri‐State area or Louisiana occupying a room within the lodging facility. The report shall identify such individuals upon acceptance of a reservation or at check‐in at the lodging establishment or room subject to the Tourist Development Tax. The report shall further include the city and state of origin of such individuals. The lodging facility shall provide its report under oath when requested or directed by the Flagler County Health Department or by Palm Coast or State law enforcement. The lodging facility shall provide all guests from the New York Tri‐State area or from Louisiana with a copy of this isolation and quarantine order.
Section 6. The lodging facility shall advise anyone from the New York Tri‐State area or Louisiana who are inquiring about rooms that there is a mandatory self‐isolation/quarantine requirement for persons arriving in Palm Coast from the New York Tri‐State area or Louisiana.
Section7. Individuals arriving and disembarking at the Flagler County Executive Airport from the New York Tri‐State area or Louisiana shall provide their names, home addresses, and the address they are occupying in Palm Coast to Flagler County Executive Airport personnel, or its designated airport representatives. Such information shall be provided to the Flagler County Health Department upon its request. In addition, the Airport or its designated representatives shall furnish each person disembarking who is subject to this Proclamation with a copy of the Order and the Governor's Executive Orders 20‐80, 20‐82 and 20 ‐ 86.
Section 8. The City intends to consider any additional areas designated by the Governor in his Executive Orders as warranting similar requirements to protect against the spread of the COVID - 19 virus to the residents of Palm Coast. The City intends to apply the provisions herein to such persons from additionally designated areas that are traveling from such areas into Palm Coast. The provisions of this Emergency Proclamation shall apply to such persons and the lodging facilities which serve them,
except as the City may otherwise specify in an amendment or supplement to this Emergency Proclamation.
Section 9. The City shall notify all Palm Coast lodging facilities, including all short‐term rental companies, of the Governor's Executive Orders 20‐80, 20‐82, and 20‐86, and of this County Emergency Order 2020 ‐ 03.
Section10. Any lodging facilities or any person subject to this Emergency Proclamation that fail to comply with the provisions of this Emergency Proclamation will be considered in violation and will subject the violators to a second‐degree misdemeanor punishable by up to sixty (60) days in jail and/or a fine of up to $500.00.
Section11. Any person from the NewYork Tri‐State area or Louisiana who violates the self‐ isolation or self‐quarantine by failure to remain within the confines of the address within which they are staying for the mandatory length of time can be subject to prosecution under Section 252.50 or Section 381.00315(e), Florida Statutes, which, if convicted, is punishable up to sixty (60) days imprisonment and a fine of not more than $500.00, or both.
Section12. The City is adopting this Emergency Proclamation pursuant to the State Declaration of Emergency and City of Palm Coast's Declaration of Local Emergency and pursuant to Florida Statutes, §381.0016.
Section 13. Effective Date. This Emergency Proclamation will take effect immediately and shall remain in effect until modified or terminated by subsequent order or until the Local State of Emergency for COVID‐19 expires or is rescinded.
Signed, this 30th day of March, 2020.
WHEREAS, on March 1, 2020, the Governor issued Executive Order 20‐51 directing the Florida Department of Health to issue a Public Health Emergency; and
WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of the COVID‐19 virus; and
WHEREAS, on March 9, 2020, the Governor issued Executive Order 20‐52 declaring a state of emergency for the entire State of Florida as a result of the COVID‐19 virus; and
WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far‐reaching social distancing measures; and
WHEREAS, one of the purposes of directions from the Governor is to slow the potential for direct and community spread of the highly infectious COVID‐19 virus; and
WHEREAS, CDC has cautioned against non‐essential travel within the United States for this reason; and
WHEREAS, Florida is experiencing an increase in individuals coming to Florida from out‐of‐state locations where "stay at home" and so called "shelter‐in‐place" orders are being implemented or community spread exists; and
WHEREAS, in accordance with the Governor's findings, many cases of the COVID‐19 virus in Florida have resulted from individuals coming into Florida from international travel and other states, posing greater risk to Florida residents; and
WHEREAS, vacation rentals and third‐party platforms advertising vacation rentals in Florida present attractive lodging destinations for individuals coming into Florida; and
WHEREAS, implementing the Governor's Emergency Order 20‐87 by the City of Palm Coast's enacting this Proclamation and enforcing it to assist the Department of Health and other agencies of the State is consistent with Section 381.0012(5), Florida Statutes, and with the Governor's intent.
NOW, THEREFORE, BE IT PROCLAIMED, by the Mayor of the City of Palm Coast that
SECTION 1. Vacation Rentals. All parties engaged in rental of vacation rental properties, as defined in section 509.242(1)(c), Florida Statutes, shall suspend vacation rental operations. Such partiers
are prohibited from making new reservations or bookings and shall not accept new guests for check‐ in for the duration of this Emergency Order. This prohibition shall include the:
A. Rental of any house, condominium, cooperative, or dwelling unit that is also a transient public lodging establishment, as defined under Section 509.013(4)(a), Florida Statutes; and
Which is rented for periods of less than 30 days or one calendar month, whichever is less; or
Which is advertised or held out to the public as a place regularly rented to guests; or
Which is otherwise regulated by the Department of Business and Professional Regulation
("DBPR") as a vacation rental pursuant to section 509.241, Florida Statutes.
B. This directive shall not include the following:
Hotels, motels, inns, resorts, non‐transient public lodging establishments, or time share
Long‐term rentals; or
Rental stays where guests are currently staying in a vacation rental or have previously booked a stay and are scheduled to check‐in no later than March 28, 2020; or
Rentals to persons performing military, emergency, governmental, health or infrastructure response, or travelers engaged in non‐vacation commercial activities.
SECTION 2. Violations of the Order
A. All parties engaged in rental of vacation rental properties, as defined in section 509.242(1)(c), Florida Statutes, shall abide by guidance or directives issued by the Department of Business and Professional Regulation ("DBPR") related to the Governor's Executive Order 20‐87.
B. Any revocation or termination by DBPR of any vacation rental license or certification shall result in the termination of the County's or the City's regulatory certificate, if any, for such vacation rental facility.
C. The City of Palm Coast shall alert DBPR of any violations of this Emergency Proclamation.
D. Parties that violate this Proclamation or attempt to violate the order through advertising or other means of solicitation may be charged with a second‐degree misdemeanor, punishable as provided in Sections 775.082 or 775.083, Fla. Stat.
SECTION 3. Effective Date. This Emergency Proclamation will take effect immediately and shall remain in effect until modified or terminated by subsequent order or until the Local State of Emergency for COVID‐19 expires or is rescinded.
Signed this 30th day of March, 2020.