Resolution 2020-31245 RESOLUTION NO. 2020 - 31245
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXTEND THE DURATION OF THE
DECLARATION OF A STATE OF EMERGENCY, DATED
MARCH 12, 2020, IN THE CITY OF MIAMI BEACH TO
ADDRESS THE COVID-19 PANDEMIC, AS EXTENDED
THROUGH APRIL 23, 2020, SUCH EXTENSION FOR AN
ADDITIONAL PERIOD OF SEVEN (7) DAYS, COMMENCING
ON APRIL 24, 2020, AND ENDING ON APRIL 30, 2020; AND,
ON APRIL 30, 2020, AUTHORIZING THE CITY MANAGER TO
CONTINUE TO EXTEND THE DECLARATION OF A STATE OF
EMERGENCY IN THE CITY OF MIAMI BEACH, FOR ONE (1)
ADDITIONAL 7-DAY INCREMENT, WHICH WOULD
COMMENCE ON MAY 1, 2020, AND END ON MAY 7, 2020;
AND PROVIDED FURTHER, THAT THE SUBJECT
DECLARATION OF EMERGENCY SHALL BE TERMINABLE BY
THE CITY COMMISSION IN ACCORDANCE WITH THE
PROVISIONS OF THIS RESOLUTION.
WHEREAS, coronavirus disease 2019 ("COVID-19"), a severe acute respiratory illness
caused by the SARS-CoV-2 virus that can spread rapidly from person to person and cause
serious illness or death, constitutes a clear and present threat to the lives, health, welfare and
safety of the people of the City of Miami Beach; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52,
declaring a State of Emergency for the State of Florida related to COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization declared the rapidly
spreading coronavirus outbreak a pandemic; and
WHEREAS, on March 12, 2020, Miami-Dade County Mayor Carlos Gimenez declared a
State of Emergency for all of Miami-Dade County due to the threats associated with COVID-19;
and
WHEREAS, on March 12, 2020, I, as City Manager for the City of Miami Beach,
declared a State of Emergency for the City of Miami Beach, as COVID-19 poses a health risk to
the City's residents, particularly elderly residents and those who are immunosuppressed or
otherwise have high risk of medical conditions, which declaration was amended on March 13,
2020, and the findings of which are hereby incorporated by reference; and
WHEREAS, on March 13, 2020, the Mayor and City Commission of the City of Miami
Beach unanimously adopted Resolution No. 2020-31192, authorizing the City Manager to
extend the duration of the Declaration of a State of Emergency and implement discretionary
emergency measures for an additional period of seven (7) days, commencing on March 12,
2020, and ending on March 19,G2020, to address the COVID-19 pandemic and protect the
public health, safety and welfare of the people of the City of Miami Beach, the findings of which
are hereby incorporated by reference; and
WHEREAS, on March 13, 2020, President Trump declared a national emergency due to
COVID-19; and
WHEREAS, on March 18, 2020, the Mayor and City Commission unanimously adopted
Resolution No. 2020-31219, authorizing the City Manager to extend the duration of the
Declaration of a State of Emergency and implement discretionary emergency measures for an
additional period of seven (7) days, commencing on March 19, 2020, and ending on March 26,
2020, to address the COVID-19 pandemic and protect the public health, safety and welfare of
the people of the City of Miami Beach, the findings of which are hereby incorporated by
reference; and
WHEREAS, the rate of infection throughout the world and in the US has accelerated
rapidly, with more than 1,859,011 confirmed cases worldwide as of April 13, 2020; and
WHEREAS, as the result of the rapid and exponential spread of COVID-19, countries
such as Spain, Italy, India, Czech Republic, France, Jordan, and the United Kingdom have
imposed strict measures limiting travel, and ordering citizens to stay at home to avoid or
minimize the community spread of COVID-19; and
WHEREAS, as of April 13, 2020, the United States has recorded over 561,103
confirmed cases, with more than 22,106 deaths; and
WHEREAS, the accelerating infection rate for COVID-19 led at least 42 states (including
Florida), and countless local governments, including Miami-Dade County, Miami, Los Angeles,
New York City, Dallas and others to issue orders curtailing mobility and travel, through "Shelter
in Place," "Stay at Home," or"Safer at Home" orders, in order to minimize contact through social
distancing measures and reduce the risk of COVID-19 infection, with over 316 million
Americans subject to such orders, accounting for over 95% of the country's population; and
WHEREAS, as of April 13, 2020, the Florida Department of Health lists 19,895 positive
cases of COVID-19 and 461 deaths, with South Florida emerging as a "hotspot" for these
infections — with 2,945 confirmed cases in Broward County and 7,058 confirmed cases in
Miami-Dade County, together accounting for more than half of the state's total; and
WHEREAS, to date, 97 individuals in Miami-Dade County have died due to
complications from COVID-19, including a long-time nurse at Jackson Memorial Hospital in
Miami; and
WHEREAS, health experts urge people to practice extreme social distancing in order to
"flatten the curve," which refers to the use of protective practices to slow the rate of COVID-19
infection, so that hospitals have sufficient room, supplies, and medical personnel for all of the
patients who may need care due to COVID-19; and
WHEREAS, the failure to "flatten the curve" at the early onset of the COVID-19
pandemic in Italy has filled many hospitals in Italy beyond their capacity, forcing emergency
rooms to close their doors to new patients, allocate ventilators and ICU beds to patients with
highest chances of survival, hire hundreds of new doctors and healthcare personnel, and
request emergency supplies of basic medical equipment, like respirator masks, from abroad;
and
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WHEREAS, Dr. Anthony S. Fauci, the Director of the National Institute of Allergy and
Infectious Diseases and the United States government's top infectious disease expert, has
warned that COVID-19 could kill between 100,000 to 200,000 Americans, despite social
distancing measures already taken across the country; and
WHEREAS, COVID-19 continues to impact first responders on a global and national
scale — in Italy, 8,358 health workers have tested positive for coronavirus, according to the
Italian National Institute of Health, and over 60 doctors who were infected with the coronavirus
have died; and
WHEREAS, as Spain overtook China on March 30, 2020, in the number of confirmed
coronavirus infections, the pandemic stretched Spanish hospitals to their breaking points — at
least six of Spain's 17 regions had reached their limit of ICU beds and three more regions were
approaching it, according to Spanish authorities; and
WHEREAS, the COVID-19 outbreak has already overwhelmed some U.S. hospitals in
areas with the highest infection rates, leading the U.S. military to prepare to deploy field
hospitals in New York and Seattle, send military hospital ships to Los Angeles and New York
City, and task the Army Corps of Engineers to convert hotels and dormitories into treatment
facilities for sick patients; and
WHEREAS, the USNS Comfort, a Navy hospital ship equipped with 1,000 beds and 12
operating rooms, arrived in New York City on March 30, 2020, as the U.S. Government seeks to
ease the strain on area hospitals reeling from the coronavirus pandemic; and
WHEREAS, according to New York City Mayor Bill de Blasio, the current number of
hospital beds in New York City must be tripled by May in order to accommodate both patients
impacted by COVID-19 and patients requiring treatments that are not related to COVID-19; and
WHEREAS, the spread of COVID-19 via travel, including business and leisure travel,
presents unique challenges to a resort community like Miami Beach, as attracting visitors and
tourists is utterly incompatible with social distancing efforts; and
WHEREAS, in spite of warnings from City, County, State, and Federal governmental
agencies, including the Centers for Disease Control and Prevention (the "CDC"), thousands of
students and other persons congregated in Miami Beach for "Spring Break" and other social
activities, and congregated in and around parks, beaches, hotels, restaurants, bars, nightclubs,
and other places of public assemblage, without observing the social distancing guidelines
recommended by the CDC, thus increasing the risk of transmission; and
WHEREAS, as of April 2, 2020, at least four Miami Beach police officers, one of which
was assigned to patrol the Ocean Drive area during a peak "Spring Break" period, have
contracted COVID-19; and
WHEREAS, there is reason to believe that COVID-19 may be spread amongst the
population by various means of exposure, including the propensity to spread person-to-person
and the propensity to attach to surfaces for prolonged periods of time, thereby spreading from
surface to person and causing property loss and damage in certain circumstances; and
3
WHEREAS, the media has reported that two religious leaders in the Surfside/Bal
Harbour area have contracted COVID-19, and accordingly, continued gatherings in places of
public assemblage, such as religious institutions, pose a risk to the health, safety and welfare of
the people of the City of Miami Beach; and
WHEREAS, since Miami-Dade County's initial declaration of a State of Emergency,
Miami-Dade County has issued various Emergency Orders temporarily closing public and
private facilities, including the temporary closure of all non-essential retail and commercial
establishments within Miami-Dade County (as such term is defined in Miami-Dade County's
Emergency Orders), subject to any further restrictions as may be ordered by municipalities
within their jurisdictions; and
WHEREAS, in response to the threat posed by COVID-19 to the health, safety and
welfare of the City's residents, since March 12, 2020, I, as City Manager of the City of Miami
Beach, have imposed a number of temporary emergency measures to limit the inflow of leisure
guests to the City and require the closure of, and limit crowds in, public facilities, public property,
and places of public assemblage (including, without limitation, hotels, restaurants, bars,
nightclubs, concert halls, entertainment venues, movie theaters, and houses of worship), as well
as other restrictions on travel and gatherings of any number of people, including imposition of a
general curfew throughout the City, in order to reduce community spread, relieve pressure on
hospitals and healthcare personnel, protect workers, and maintain social order; and
WHEREAS, other counties and municipalities in Florida, including Miami-Dade County,
Monroe County, and Key Biscayne, have issued emergency orders with restrictions on
commercial lodging establishments within their jurisdictions; and
WHEREAS, many countries have enacted travel restrictions in response to the spread of
COVID-19, including the United States, which issued a Level 4 "Do Not Travel" global health
advisory, advising U.S. citizens to avoid all international travel due to the global impact of
COVID-19; and
WHEREAS, in an effort to further implement social distancing practices to curb the
spread of COVID-19, on March 23, 2020, I, as City Manager, issued a "Safer at Home"
Emergency Order, requiring all persons living in the City to remain in their homes to the
maximum extent possible, except to engage in essential activities as set forth in the Order; and
WHEREAS, other cities in Miami-Dade County, including Miami, Hialeah, Coral Gables,
Surfside, North Bay Village, Golden Beach, Aventura, Bay Harbor Islands, and Doral have also
issued similar orders for residents; and
WHEREAS, however, domestic air travel remains unrestricted and Florida continues to
receive guests and visitors from high risk areas, such as visitors from New York seeking shelter
in Florida, potentially further compounding the public health emergency and straining resources
for local governments in Florida; and
WHEREAS, on March 23, 2020, Florida Governor Ron DeSantis issued Executive Order
No. 20-80, requiring visitors entering the State of Florida through airports from New York, New
Jersey, and Connecticut to isolate or quarantine for a period of 14 days following their arrival in
Florida, in an effort to stop the spread of COVID-19; and
4
WHEREAS, subsequently, on March 27, 2020, Governor DeSantis issued Executive
Order 20-86, requiring visitors entering the State of Florida from Louisiana to isolate or
quarantine for a period of 14 days following their arrival in Florida; and
WHEREAS, on March 27, 2020, Governor DeSantis also issued an executive order
suspending operations of all vacation rentals in Florida and prohibiting them from making new
reservations or bookings and accepting new guests for check-in for the duration of the order;
and
WHEREAS, on March 27, 2020, the United States Congress approved the largest
economic relief package in U.S. history, allocating $2 trillion to provide immediate assistance to
individual Americans, small businesses, and major industries on the brink of economic collapse
amid the ongoing pandemic; and
WHEREAS, on March 29, 2020, in recognition that extreme social distancing measures
are critical to containment of the pandemic, President Trump extended federal social distancing
guidelines through April 30, recommending that all Americans must continue to avoid
nonessential travel, going to work, eating at bars and restaurants, or gathering in groups of
more than 10 persons; and
WHEREAS, on March 30, 2020, Governor DeSantis issued an executive order directing
Miami-Dade' County, Broward County, Palm Beach County, and Monroe County(which together
account for over sixty (60) percent of Florida's identified COVID-19 cases), to restrict public
access to businesses and facilities deemed non-essential pursuant to the guidelines established -
by Miami-Dade County pursuant to its March 19, 202.0 Emergency Order 07-20, as amended;
and
WHEREAS, on March 31, 2020, Governor DeSantis issued a stay-at-home order for
Miami-Dade County, Broward County, Palm Beach County, and Monroe County; and
WHEREAS, on April 3, 2020, the CDC announced national guidelines recommending
that all persons use non-medical grade masks when engaging in any activities outside the
home; and
WHEREAS, on April 3, 2020, the City issued an Emergency Order requiring all
employees and customers of grocery stores, pharmacies and restaurant facilities to wear a form
of covering over their nose and mouth at all times when inside these establishments, and
strongly encouraging the use of such coverings in all other essential retail and commercial
businesses; and
WHEREAS, in order to create additional capacity in hospitals, the State of Florida has
determined that there is an urgent need to construct, rehabilitate and install treatment facilities
to house and treat those residents and visitors of the State who are suffering from COVID-19
and non-COVID-19 illnesses; and
WHEREAS, on Wednesday, April 8, 2020, City of Miami Beach Mayor Dan Gelber,
along with Governor DeSantis, Miami-Dade County Mayor Carlos Gimenez and Lt. Gen. Todd
T. Semonite, Commanding General of the United States Army Corps of Engineers, announced
an initiative to repurpose the Miami Beach Convention Center as a temporary medical facility for
COVID-19 patients, which will initially include up to 450 beds, with capacity for additional beds if
necessary; and
5
WHEREAS, pursuant to Sections 26-31 and 26-33 of the City Code and Chapter 252 of
the Florida Statutes, I, as City Manager of the City of Miami Beach, am authorized to declare a
state of emergency and order and promulgate discretionary emergency measures, with such
limitations and conditions as the City Manager may deem appropriate; and
WHEREAS, pursuant to City Code Section 26-35, the duration of such Declaration of a
State of Emergency (and any such discretionary emergency measures implemented pursuant
thereto) is limited to a period of 72 consecutive hours, unless an extension is authorized by the
City Commission by duly enacted resolution in a regular or special session of the City
Commission; and
WHEREAS, Section 252.38, Florida Statutes, provides that the duration of each State of
Emergency declared locally is limited to a period of seven (7) days; however, Section 252.38
also provides that such local State of Emergency may be extended, as necessary, in 7-day
increments; and
WHEREAS, in Resolution No. 2020-31219, the Mayor and City Commission further
authorized the City Manager to continue to extend the Declaration of a State of Emergency in
the City of Miami Beach, for four (4) additional 7-day increments, which would commence on
March 26, 2020, and,end on April 23, 2020; and
WHEREAS, on March 26, 2020, and pursuant to Resolution No. 2020-31219, the City
Manager extended the Declaration of a State of Emergency for an additional period of seven (7)
days, commencing on March 27, 2020, and ending on April 2, 2020; and
WHEREAS, on April 2, 2020, and pursuant to Resolution No. 2020-31219, the City
Manager extended the Declaration of a State of Emergency for an additional period of seven (7)
days, commencing on April 3, 2020, and ending on April 9, 2020; and
WHEREAS, on April 9, 2020, the City Manager extended the Declaration of a State of
Emergency for an additional period of seven (7) days, commencing on April 10, 2020, and
ending on April 16, 2020; and
WHEREAS, on April 16, 2020, the City Manager extended the Declaration of a State of
Emergency for an additional period of seven (7) days, commencing on April 17, 2020, and
ending on April 23, 2020; and
WHEREAS, the City Manager hereby requests that the City Commission grant the
authority to extend the Declaration of a State of Emergency in the City of Miami Beach (to
continue to implement any current or future discretionary emergency measures) in accordance
with Florida law; and
WHEREAS, the City Manager hereby requests that the Mayor and City Commission
approve the continuation of the Declaration of a State of Emergency in the City of Miami Beach,
for a period of seven (7) days, commencing on April 24, 2020, and ending on April 30, 2020;
and
WHEREAS, the City Manager hereby further requests that the City Commission provide
authorization to extend the Declaration of a State of Emergency in the City of Miami Beach, for
one (1) additional 7-day increment, which would commence on May 1, 2020, and end on May 7,
6
2020, unless the Declaration of a State of Emergency is otherwise terminated at any time by the
City Commission at a duly noticed meeting; and
WHEREAS, the Mayor and City Commission hereby acknowledge and consent to the
aforestated 7-day incremental extension; provided, however, that at a duly-noticed City
Commission meeting, currently scheduled for May 1, 2020, the Mayor and City Commission
may determine whether any further extensions of the City Manager's Declaration of a State of
Emergency are necessary and warranted; and
WHEREAS, should the May 1, 2020 meeting of the Mayor and City Commission be
canceled or rescheduled to a subsequent date, the City Manager shall call a special emergency
meeting of the City Commission, pursuant to Section 2.04 of the City Charter, for the express
purpose of terminating or continuing to extend the Declaration of a State of Emergency.
NOW, THEREFORE, BE IT DULY. RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
1. The City Manager is hereby authorized to extend the Declaration of a State of
Emergency in the City of Miami Beach to address the COVID-19 pandemic; said
extension for an additional period of seven (7) days, commencing on April 24, 2020,
and ending on April 30, 2020.
2. The City Manager is further authorized to extend the Declaration of a State of
Emergency in the City of Miami Beach, on April 30, 2020, for one (1) additional 7-day
increment, which would commence on May 1, 2020, and end on May 7, 2020.
3. The City Commission may, at a duly-noticed City Commission meeting, determine
whether the then-current extension of the Declaration of a State of Emergency
should be rescinded, or whether any further extensions are warranted. Should the
May 1, 2020 meeting of the Mayor and City Commission be canceled or rescheduled
to a subsequent date, the City Manager shall call a special emergency meeting of
the City Commission, pursuant to Section 2.04 of the City Charter, for the express
purpose of terminating or continuing to extend the Declaration of a State of
Emergency.
PASSED and ADOPTED this a2 day of Pr' , 2020.
12-81-----.__
ATTEST:
Dan Gelber, Mayor
APRIL 2� 1 via
IRa ael E. ranado, City Clerk
APPROVED AS TO FORM AND
"e"' LANGUAGE AND F R EXECUTION
' O 1 v 141 Z4 126
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City Attorney V Date
7
Resolutions-R7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: April 22, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXTEND THE DURATION OF THE DECLARATION OF A STATE OF
EMERGENCY, DATED MARCH 12, 2020, IN THE CITY OF MIAMI BEACH
TO ADDRESS THE COVID-19 PANDEMIC, AS EXTENDED THROUGH
APRIL 23, 2020, SUCH EXTENSION FOR AN ADDITIONAL PERIOD OF
SEVEN (7) DAYS, COMMENCING ON APRIL 24, 2020, AND ENDING ON
APRIL 30, 2020; AND, ON APRIL 30, 2020, AUTHORIZING THE CITY
MANAGER TO CONTINUE TO EXTEND THE DECLARATION OF A STATE
OF EMERGENCY IN THE CITY OF MIAMI BEACH, FOR TWO (2)
ADDITIONAL 7-DAY INCREMENTS, WHICH WOULD COMMENCE ON MAY
1,2020,AND END ON MAY 14,2020;AND PROVIDED FURTHER,THAT THE
SUBJECT DECLARATION OF EMERGENCY SHALL BE TERMINABLE BY
THE CITY COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF
THIS RESOLUTION.
RECOMMENDATION
The attached Resolution requests authorization, pursuant to City Code Section 26-35, to further
extend the duration of the Declaration of a State of Emergency, dated March 12, 2020, in order
to continue to address threats associated with the coronavirus disease 2019 ("COVID-19")
pandemic.
On March 12, 2020, the City Manager declared a State of Emergency for the City of Miami
Beach, on the basis that the COVI D-19 pandemic poses a health risk to the City's residents,
particularly elderly residents and those who are immunosuppressed or otherwise have high risk
of medical conditions.
On March 13, 2020, the City Commission adopted Resolution No. 2020-31192, authorizing the
City Manager to extend the duration of those discretionary emergency measures that the City
Manager deems necessary to address the COVID-19 pandemic beyond the 72-hour time
period set forth in City Code Section 26-35,for a period of seven (7) days commencing March
12,2020, and ending on March 19,2020.
Subsequently, on March 18, 2020, the City Commission adopted Resolution No. 2020-31219,
Page 386 of 435
which, in pertinent part, authorized the City Manager to extend the Declaration of a State of
Emergency in additional seven-day increments, through April 23, 2020.
The attached Resolution authorizes the City Manager to extend the Declaration of a State of
Emergency for an additional period of seven (7) days, commencing on April 24, 2020, and
ending on April 30, 2020; and further provides that the City Manager shall be authorized to
continue to extend the Declaration of a State of Emergency for two (2) additional 7-day
increments,which would commence on May 1, 2020,and end on May 14, 2020.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
D Resolution
Page 387 of 435