Declaration of a State of Emergency Revised March 13, 2020CITY OF MIAMI BEACH
DECLARATION OF A STATE OF EMERGENCY
REVISED - MARCH 13, 2020
WHEREAS, the C oro nav irus D isease 20 19 ("C O VI D -19") is a severe and acute
respiratory illne ss that can spread am o ngst persons by respiratory transm issio n and presents
w ith sy m ptom s sim ila r to those of influe nza; and
WHEREAS, in late 2019 , a new and significant outb rea k of C O VI D -19 em er g ed in
C hina ; and
WHEREAS, sho rt ly after the initi al C O VI D -19 outbre ak , the C enter fo r D isease C o ntro l
a nd P revent io n ("C D C") de em ed it ne cessa ry to pro hibit or restrict any no n-essentia l travel to
or fr om vario us countries (incl uding C hina , Iran, Italy and S o uth K orea), and advised older
travele rs and those w ith chro nic m edical conditions to avoid no nessentia l travel to Japan.
M o reover, the C D C issued an adv isory that all travele rs exercise enha nced precautio ns w hen
travelling ; and
WHEREAS, equa lly im po rt ant, the W orld H ealth Or g an iz ation ("WH O") has decl a red
C O VI D-19 to be a P ublic H e alth E m e rge ncy of Intern ationa l C o ncern and , on W edne sday,
M a rch 11, 202 0 , the W H O decl ared the rapidly sp reading C O VI D -19 dis ease a w orldw ide
pa ndem ic , w hic h w ill likely spread to all countrie s aro und the W o rld ; and
WHEREAS, Flo ri da G o ver n or R on D es anti s ("G o ver n or D eS anti s") issued an
E xecu tive O rde r on M a rch 1, 2020 directing the S urgeo n G e ne ral of the S tate of Flo rida to
issue a p ublic h e a lth em erge ncy and , in response to the pa nde m ic outb reak of C O VI D-19,
G o vern o r D es a ntis decla red a S tate of E m e rge ncy on M a rch 9, 2020 based upo n its im pact
to the S tate of Flo rida ; and
WHEREAS, Flo rida state he a lth off icia ls confirm ed three (3 ) new cases of C O VI D-19
in Florida on M a rch 11, 2020 , inc luding the first confi rm ed case in M ia m i-D ade C o unty, a 56-
year-old m a n w ho tested positiv e and ha d travele d recently; and
WHEREAS, the total num be r of know n C O V ID -19 cases in Flo rida cases currently
stands a t tw enty-six (26 ), of w hich tw enty-three (23) such pe rso ns are Flo rida residents; and
WHEREAS, in direct response to the first confirm ed case of C O VI D -19 in M ia m i-D ade
C ounty on M a rch 11, 2020 , M ia m i-D ade C o unty M ayor C arlos Gi m en e z ("M ayor Gi men e z")
d e cla red a S tate of E m e rge ncy fo r M ia m i-D ade C o unty, and , subseque ntly suspe nded the
o pe ra tio n of the M ia m i-D ade C ounty Y o uth Fair, the M ia m i O pen tennis tourn am e nt, the M IA
5K run , and all m ajo r events at the A m e rican A irline s A rena ; and
D e c la r a tio n o f a S ta te o f E m e r g e n c y
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W H E R E A S , COVID-19 has impacted one-hundred fourteen (114) countries around
the globe, and these countries have reported that 118,000 individuals have contracted
COVID-19, with nearly 4,300 people having died from this disease; and
W H E R E A S , in the United States alone, over one-thousand (1,000) cases of COVID-19
have been diagnosed, and twenty-nine (29) people have died from the disease and,
President Donald J. Trump signed a Presidential Proclamation on March 11, 2020,
suspending the entry of most foreign nationals who have been in certain European countries
at any point during the fourteen ( 14) days prior to their scheduled arrival to the United States.
These countries, known as the Sehengen Area, include: Austria, Belgium, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal,
Slovakia, Slovenia, Spain, Sweden, and Switzerland '; and
W H E R E A S , the Mayor and City Commission of the City of Miami Beach, at a specially
held session on March 13, 2020, unanimously passed and adopted Resolution No. 2020-
31192, expressly authorizing the City Manager to extend the duration of those discretionary
emergency measures (as set forth herein), that are deemed necessary to address the
COVID-19 pandemic in order to protect the public health, safety and welfare; and
W H E R E A S , the Mayor and City Commission extended the 72-hour time period set
forth in Section 26-35 of the City Code, and further authorized any such discretionary
emergency measures to be implemented for a period of seven (7) days commencing March
12, 2020; provided, however, such emergency measures may be extended for seven (7)
more consecutive days at the City Commission meeting scheduled on March 18, 2020.
N O W , T H E R E F O R E , I, JIM M Y L. M O RA L ES , as City Manager for the City of Miami
Beach, Florida, pursuant to the authority vested in me under Section 26-31 of the City of
Miami Beach Code of Laws and Ordinances (the "City Code"), have determined that there is
reason to believe that there exists a clear and present danger of a riot or other general
public disorder, widespread disobedience of the law, and substantial injury to persons or to
property, all of which constitute an imminent threat to public peace or order, and to the
general welfare of the City of Miami Beach, based upon the COVID-19 pandemic.
Accordingly, it is necessary and appropriate to take action to ensure that COVID-19
remains controlled, and that residents and visitors in the City of Miami Beach remain safe
and secure.
The CDC has recommended mitigation measures in communities with COVID-19 cases,
which include staying at home when sick, keeping away from others who are sick, and
staying at home when a household member is sick with respiratory disease symptoms, or if
instructed to do so by public health officials or a health care provider.
1 However, such restriction does not apply certain groups of persons who are identified in the Proclamation.
D e c la r a tio n o f a S ta te o f E m e r g e n c y
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Moving forward during this time, the City will continue to monitor what the World Health
Organization has determined to be a global pandemic, and the City will constantly evaluate
planned mass gatherings as the situation continues to develop and evolve.
In order to ensure that COVID-19 remains controlled and to protect the public health, safety
and welfare of the residents and visitors of the City of Miami Beach, this immediate action is
NECESSARY.
AS SUCH, I HEREBY declare a State of Emergency throughout the territorial
jurisdiction of the City of Miami Beach, and am ORDERING and PROMULGATING the
following emergency measure, which is reasonably and necessarily implemented in
response to this State of Emergency, and shall be effective immediately upon
issuance of this Declaration of a State of Emergency, and shall continue in full force
and effect until March 19, 2020, unless extended by the Mayor and City Commission
at the March 18, 2020 meeting of the City Commission:
1. No eating and/or drinking establishment, restaurant, nightclub, dance hall, hall for
hire, or similar business shall be permitted to operate, and shall immediately cease
all business activities and operations, if, at any time, the total occupancy load of
any such business or establishment meets or exceeds two-hundred and fifty (250)
persons. Notwithstanding the foregoing, any of the aforementioned businesses or
establishments may avoid the prohibition set forth herein, if such business or
establishment immediately reduces its occupancy load to less than two-hundred
and fifty (250) persons.
FURTHERMORE, I may, upon further consideration and appropriate notification, be
ORDERING and PROMULGATING the following emergency measures, which will be
reasonably and necessarily implemented in response to this State of Emergency:
1. The establishment of curfews, including but not limited to the prohibition of or
restrictions on pedestrian and vehicular movement, standing and parking, except for
the provision of designated essential services such as fire, police and hospital
services, including the transportation of patients thereto, utility emergency repairs,
and emergency calls by physicians.
2. The prohibition of the sale or distribution of any alcoholic beverage, with or without
the payment or a consideration therefore.
3. The prohibition of the possession on any person in a public place of any portable
container containing any alcoholic beverage.
4. The prohibition of the sale or other transfer of possession, with or without
consideration, of gasoline or any other flammable or combustible liquid altogether
or except by delivery into a tank properly affixed to an operable motor-driven
vehicle, bike, scooter, boat or airplane and necessary for the propulsion thereof.
D e cl a r a t io n o f a S ta te o f E m e r g e n c y
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5 . T h e p ro h i b i t i o n o f t h e p o s s e s s io n in a public place of any portable container
containing gasoline or any other flam m able or com bustible liquid.
THE EMERGENCY MEASURE(S) THAT HAVE BEEN ORDERED AND
PROMULGATED HEREIN WILL BE EFFECTIVE IMMEDIATELY, AND SHALL BE
EFFECTIVE FOR A PERIOD OF SEVEN (7) CONSECUTIVE DA YS OF THE
DECLARED STATE OF EMERGENCY THROUGHOUT THE CITY OF MIAMI BEACH,
UNLESS EXTENDED BY THE MIAMI BEACH CITY COMMISSION BY DUL Y
ENACTED RESOLUTION IN REGULAR OR SPECIAL SESSION.
A ny violation of these em ergency m easure(s) shall subject the individual, operator,
business entity, or organization to arrest and crim inal pro secution pursuant to Section 26-
36 and S ection 1-14 of the City Code.
CIT Y O F M IA M I B AC H , FLO R ID A
Jim m y M anager
3ls/220 Date:
Time: 3:50o -------+'-r--------
ATTEST: 74
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I, R A FAE L E . G R AN A D O, C ity Clerk of th e Ci ty of 'o
M iam i B e ach, Florida, do hereby certify that the
above and foregoing is a true and correct copy of
the original thereof on file in this office.
Rafael E. G ra nado, ity Clerk
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
W IT NESS m y hand and seal of said City this _ l3 day o f t s g e 202 g .
---- ~-E-. -G-ra_n_a_d_o _
C ity Clerk of th e City of Miami Beach. Florida