See where masks are mandatory in S. Fla.
You know you’re supposed to wear a mask to fight COVID-19; it’s just hard to keep track of when.
The latest lawsuit challenging coronavirus mask orders has only confused people more about whether you have to wear a mask inside your own home or make sure you have guests cover their faces when they visit.
The rules differ slightly whether you’re in Broward, Palm Beach or Miami-Dade County — and you must get it right, because in some cases there are fines for violations.
Here are the rules.
Broward County
Broward County’s emergency order is unique in that it gives facial covering guidelines for residents and their guests. The guidelines are in place so that should you decide to have a gathering of people on your property, each guest should theoretically cover their face or risk costing the resident up to $1,000.
But that rule may not be as strict as it sounds. Generally speaking, if you and your guests are social distancing inside your home or outside in a backyard or on a patio, you don’t have to wear a mask. But when social distancing isn’t possible? That’s when you’d need to cover your face.
Public places, indoors: Facial coverings must be worn by patrons in public indoor spaces, including while exercising in gyms (but not in pools or preswim showers) and other fitness centers, dance studios, etc. Anytime you move around inside a restaurant, you must cover your face.
When you’re sitting inside to eat, you can take your mask off during the “shortest practical period when you are actually eating or drinking.” That means if you’re sitting and eating at a table but you get up to go to the restroom or leave the establishment, you’ll have to cover your face. All food workers must also wear masks. You also must cover your face anytime you shop in a retail store, according to the guidelines.
Outdoors: When you’re outdoors in public spaces, you must wear a mask when social distancing by 6 feet is not possible. This includes parks and beaches, unless you’re engaged in strenuous physical activity or you’re swimming or you can maintain 6 feet from others whom you don’t live with. The idea is you’d have your facial covering with you and be ready to use it when you’re done swimming, surfing or exercising.
Private places: The rules are a little trickier inside your own home or on your own property. When it comes to areas around your property, residents are responsible for making sure guests cover their faces when they can’t maintain a distance of 6 feet. A section of Broward’s emergency order states:
Section 4. Responsibility to Ensure Compliance with Applicable Orders. A. Residential Property Residents. 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.
That section was the target of a lawsuit this week contending that it’s unconstitutional to regulate what people can do inside their own homes.
An FAQ page compiled by the county explains that generally, people must cover their faces anytime they’re outside the “geographical boundaries” of their residence if social distancing isn’t possible. That includes when visiting community pools, parks and beaches. It’s also meant to include sharing spaces in residential areas such as mail rooms, laundry rooms, hallways and elevators.
Boaters must cover their faces when they can’t stay 6 feet apart from people they don’t live with while on the boat, according to the guidelines. The same goes for golfers and staffers on the golf course, or employees working in an office setting.
Exceptions: There are six exceptions to the mask rules:
Children younger than 2 should not wear facial coverings, according to guidelines from the Centers for Disease Control and Prevention. Children of any age who are under the custody of a licensed child care facility, including day care centers, should not wear a mask.
People receiving goods or services from a business who cannot realistically cover their face while they’re receiving the service, but only for the shortest practical period of time possibly. For instance, when receiving a facial grooming (though the rules don’t specify whether spas are open and performing facials currently), when eating in a restaurant, or swimming.
A person with a disability or medical condition that prevents the person from wearing a facial covering. Establishments can bar them from entering but should give a reasonable accommodation to them so they can still patronize the establishment, such as curbside pickup or delivery.
Public health or safety, fire, or other life safety personnel whose personal protective equipment is governed by their agency.
While actively engaging in strenuous activity or exercise that would be unsafe to practice with a facial covering, so long as you can effectively social distance by 6 feet. This exception does not apply to people exercising in gyms or other fitness centers, dance studios, etc., unless they’re swimming in a pool or taking a pre-swim shower.
A person working indoors in an establishment who is the only person in the room. Or, anyone working in an establishment other than a retail, restaurant, or personal services establishment, indoor amusement facility or gym or fitness center, when there is no other person of a different household within 6 feet. For example, an enclosed office room.
The consequences for violating the emergency order, including the facial covering requirements, may result in civil and/or criminal enforcement. Civil enforcement of a violation may include fines of $1,000 per day per violation, except where the violation is knowing and irreparable/irreversible — which could result in fines up to $15,000 per violation. In other words, if you purposely remove your mask and get in someone’s face and assault them, you’ll face much higher fines.
Criminal enforcement of a violation as a second-degree misdemeanor may include fines of up to $5,000 per day, imprisonment up to 60 days, or both. Both individuals and businesses that violate the facial covering requirements are subject to the fines. Businesses that violate the order must close for 24 hours and can reopen only after the establishment has complied.
Palm Beach County
Palm Beach County was the last in South Florida to require masks. Opposition among some county commissioners waned as new COVID-19 cases exploded.
If you live in Palm Beach County, you’re getting a mask in the mail. Two will be sent to all 660,000 households — about 1.3 million of the masks — and the remaining 200,000 will be put aside for people who ask for more or have a problem with the first delivery.
Public places: Facial coverings must be worn indoors, including stores, restaurants, hotels, gyms, grocery stores and public buildings such as libraries, and they must be worn outdoors where social distancing can’t be accomplished. Most of Broward County’s guidelines for public spaces also apply in Palm Beach County. Violators can be fined up to $250 for the first violation and $500 for each additional violation for businesses; fines for people start at $25. Unlike Miami-Dade and Broward counties, there is no mention of jail.
Private places: Palm Beach County’s guidelines don’t specify whether residents and guests must cover their faces near the resident’s property the way Broward’s do. Generally, the same rules apply in residential buildings with common areas and on boats, pool decks and out on the beach when social distancing can’t be maintained.
Exceptions: Palm Beach County’s exceptions mirror Broward’s. The guidelines give examples of medical conditions that would exempt people from wearing masks, including asthma,
COPD, and other conditions that reduce breathing or lung capacity.
Miami-Dade County
Public places: They are mandated in public — indoors and outdoors. Masks must now be worn on the beach unless you are in the water. A violation of the mask law is a misdemeanor with a fine of up to $500 per violation, imprisonment up to 180 days, or both.
So when can you get away with not wearing a mask in Miami-Dade?
When you’re inside a private residence, a private car (though the rules don’t say anything about ride sharing services), at or inside any religious institution, inside a guest room of a hotel, motel, etc., or inside any apartment.
The same exceptions apply in Miami-Dade, including children younger than 2, those with disabilities or medical conditions, those who are engaged in strenuous activity, inside or outside, and anyone who is swimming, eating, drinking, or smoking (casinos are closed in Miami-Dade, except for those on sovereign tribal land, so the smoking exception likely applies to restaurants and other public places). You also don’t have to wear a mask when receiving a service that requires access to your nose or mouth.
In Miami-Dade, those who are hearing impaired or anyone communicating with a hearing impaired person does not have to cover their face.
Miami-Dade’s guidelines don’t go into detail regarding boats, golf courses, gyms, retail stores, etc. — but you’re expected to cover your faces in all these spaces.