Resolution 2020-31463 RESOLUTION NO. 2020-31463
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXTEND 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 OCTOBER 14, 2020, SUCH EXTENSION
FOR AN ADDITIONAL PERIOD OF SEVEN (7) DAYS,
COMMENCING AT 12:00 A.M. ON OCTOBER 15, 2020, AND
ENDING AT 11:59 P.M. ON OCTOBER 21, 2020; FURTHER
AUTHORIZING THE CITY MANAGER TO CONTINUE TO
EXTEND THE DECLARATION OF A STATE OF EMERGENCY
FOR FOUR (4) ADDITIONAL 7-DAY INCREMENTS, WHICH
WOULD COMMENCE AT 12:00 A.M. ON OCTOBER 22, 2020,
AND END AT 11:59 P.M. ON NOVEMBER 18, 2020; PROVIDED
THAT THE SCOPE OF ANY EMERGENCY MEASURES
ORDERED BY THE CITY MANAGER SHALL, CONSISTENT
WITH ALL PRIOR EMERGENCY MEASURES IMPOSED BY THE
CITY MANAGER TO DATE, BE LIMITED TO RESPOND TO
IMMEDIATE THREATS POSED BY THE COVID-19 PANDEMIC;
PROVIDING THAT NO EMERGENCY ACTION TAKEN BY THE
CITY MANAGER SHALL BE BINDING ON THE CITY
COMMISSION BEYOND THE PERIOD OF THE COVID-19 STATE
OF EMERGENCY, OR OTHERWISE LIMIT THE ABILITY OF THE
CITY COMMISSION TO UNDO ANY ACTION OF THE CITY
MANAGER, WHETHER CONTRACTUALLY OR
LEGISLATIVELY; FURTHER, PROVIDING THAT THE SUBJECT
DECLARATION OF EMERGENCY SHALL BE TERMINABLE BY
THE CITY COMMISSION IN ACCORDANCE WITH THE
PROVISIONS OF THIS RESOLUTION; AND, FINALLY,
PROVIDING THAT THE CITY MANAGER SHALL BE REQUIRED
TO CALL A CITY COMMISSION MEETING PRIOR TO
ORDERING ANY EMERGENCY MEASURE THAT IS MORE
RESTRICTIVE THAN THE EMERGENCY MEASURES IN
EFFECT AS OF OCTOBER 15, 2020.
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, the 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, 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, 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, on March 20, 2020, Governor DeSantis issued Executive Order 20-69, which
(i)suspends any Florida Statute that requires a quorum to be present in person or requires a local
government body to meet at a specific public place, and (ii) permits local government bodies to
utilize communications media technology, such as telephonic and video conferencing; and
WHEREAS, the use of communications media technology to hold public meetings permits
the City Commission, the City's land use boards, and the City's other boards and committees to
conduct public business, while mitigating the public health risks associated with in-person
gatherings; and
WHEREAS, Executive Order 20-69 has been extended until November 1, 2020; and
WHEREAS, the rate of infection throughout the world and in the United States has
accelerated rapidly,with more than 35,241,027 confirmed cases worldwide as of October 5, 2020;
and
WHEREAS, as the result of the rapid and exponential spread of COVID-19, countries
throughout the world 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, 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, warned
early during the pandemic that COVID-19 could kill between 100,000 to 200,000 Americans,
despite social distancing measures already taken across the country; and
WHEREAS, as of October 5, 2020, the United States has recorded over 7,420,206
confirmed cases, with more than 209,811 deaths; and
WHEREAS, during March and April of 2020, the accelerating infection rate for COVID-19
led at least 42 states (including Florida), and countless local governments, including Miami-Dade
County, 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 as
of April 27, 2020, accounting for over 97% of the country's population; and
WHEREAS, on July 12, 2020, the Florida Department of Health (the "FDOH") reported
15,300 additional cases in Florida, shattering both state and national records for daily new cases
reported since the start of the pandemic; and
WHEREAS, as of October 5, 2020, the FDOH lists 717,874 positive cases of COVID-19
and 14,712 deaths, with South Florida accounting for nearly half of the state's total number of
infections — with 78,012 confirmed cases in Broward County, 47,153 confirmed cases in Palm
Beach County, and 172,398 confirmed cases in Miami-Dade County; and
WHEREAS, as of October 5, 2020, 3,334 individuals in Miami-Dade County have died
due to complications from COVID-19; 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
WHEREAS, COVID-19 continues to impact first responders on a global and national scale
— during the first wave of the pandemic in Italy, 8,358 health workers tested positive for
coronavirus, according to the Italian National Institute of Health, and over 60 doctors who were
infected with the coronavirus 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 United States
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 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
WHEREAS, the media has reported that two religious leaders in the Surfside/Bal Harbour
area contracted COVID-19; and
WHEREAS, continued gatherings in places of public assemblage, including without
limitation restaurants, bars, theaters, auditoriums, religious institutions, and other meeting places,
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, the City Manager of the City of Miami Beach has
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
A
advisory, advising United States 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, the 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 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
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 United States 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 nearly half 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, 2020 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
WHEREAS, on April 29, 2020, Governor DeSantis issued Emergency Order 20-112,
which, in pertinent part, permitted certain businesses required to close pursuant to previous
executive orders to reopen (subject to certain restrictions), effective May 4, 2020; and
WHEREAS, in recognition of widespread transmission of COVID-19 in South Florida, and
the need to continue emergency measures in South Florida, Executive Order 20-112 exempted
Miami-Dade, Broward, and Palm Beach counties from the reopening provisions of the Order,
providing that "allowances for services and activities from . . . this order will be considered in
consultation with local leadership"; and
WHEREAS, pursuant to Sections 26-31 and 26-33 of the City Code and Chapter 252 of
the Florida Statutes, the City Manager of the City of Miami Beach is 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 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, on April 22, 2020, the Mayor and City Commission unanimously adopted
Resolution No. 2020-31245, 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 April 24, 2020, and ending on April 30, 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, Resolution No. 2020-31245 further authorized the City Manager to extend
the Declaration of a State of Emergency in the City of Miami Beach, on April 30, 2020, for an
additional 7-day increment, which would commence on May 1, 2020, and end on May 7, 2020;
and
WHEREAS, on April 30, 2020, the City Manager extended the Declaration of a State of
Emergency for an additional period of seven (7) days, commencing on May 1, 2020, and ending
on May 7, 2020; and
WHEREAS, on May 1, 2020, the Mayor and City Commission adopted Resolution No.
2020-31246, and authorized the City Manager to extend the Declaration of a State of Emergency
in the City of Miami Beach, for an additional 7-day increment, which would commence on May 8,
2020, and end on May 14, 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, on May 7, 2020, the City Manager extended the Declaration of a State of
Emergency for an additional seven.(7) days, commencing on May 8, 2020 and ending on May
14, 2020; and
WHEREAS, on May 13, 2020, the Mayor and City Commission adopted Resolution No.
2020-31273, authorizing the City Manager to extend the Declaration of a State of Emergency for
an additional seven (7) days, commencing on May 15, 2020 and ending on May 21, 2020, and
further authorizing the City Manager to extend the Declaration of a State of Emergency by one
(1) additional day, commencing at 12:00 a.m. on May 22, 2020, and ending at 11:59 p.m. on May
22, 2020; and
WHEREAS, on May 14, 2020, the City Manager extended the Declaration of a State of
Emergency for an additional seven (7) days, commencing on May 15, 2020 and ending on May
21, 2020; and
WHEREAS, on May 15, 2020, Miami-Dade County Mayor Carlos Gimenez issued
Emergency Order 23-20, effective May 18, 2020, permitting certain retail and commercial
establishments and other establishments or facilities in Miami-Dade County to reopen, subject to
strict compliance with social distancing guidelines issued by the County("EO 23-20"); and
WHEREAS, the provisions of EO 23-20 serve as minimum standards, and municipalities
may impose more stringent standards within their jurisdictions; and
WHEREAS, on May 16, 2020, and pursuant to the City's Declaration of a State of
Emergency,the City Manager issued the City's Phase 1 Reopening Order, permitting certain retail
and commercial establishments to reopen subject to strict compliance with social distancing
guidelines in EO 23-20, and the additional requirements set forth in the City's Order; and
WHEREAS, on May 21, 2020, the City Manager extended the Declaration of a State of
Emergency for one (1) additional day, commencing at 12:00 a.m. on May 22, 2020 and ending at
11:59 p.m. on May 22, 2020; and
WHEREAS, on May 22, 2020, the City Commission adopted Resolution No. 2020-31280,
authorizing the City Manager to extend the duration of the Declaration for an additional period of
seven (7) days, commencing on May 23, 2020, and ending on May 29, 2020; and
WHEREAS, on May 22, 2020, pursuant to Resolution No. 2020-31280, the City Manager
extended the Declaration of a State of Emergency for additional seven (7) days, commencing at
12:00 a.m. on May 23, 2020, and ending at 11:59 p.m. on May 29, 2020; and
WHEREAS, on May 28, 2020, the Mayor and City Commission adopted Resolution No.
2020-31282, authorizing the City Manager to extend the Declaration of a State of Emergency for
additional seven (7) days, commencing on May 30, 2020 and ending on June 5, 2020; and
WHEREAS, on May 29, 2020, pursuant to Resolution No. 2020-31282, the City Manager
extended the Declaration of a State of Emergency for additional seven (7)days, commencing on
May 30, 2020 and ending on June 5, 2020; and
WHEREAS, on May 29, 2020, and pursuant to the City's Declaration of a State of
Emergency, the City Manager issued the City's Phase 2 Reopening Order, permitting commercial
lodging establishments, swimming pools, and beaches to reopen effective June 1, 2020, subject
to strict compliance with social distancing guidelines in EO 23-20, and the additional requirements
set forth in the City's Order; and
WHEREAS, on June 5, 2020, the Mayor and City Commission adopted Resolution No.
2020-31284, authorizing the City Manager to extend the Declaration of a State of Emergency for
additional seven (7) days, commencing on June 6, 2020 and ending on June 12, 2020; and
WHEREAS, on June 5, 2020, pursuant to Resolution No. 2020-31284, the City Manager
extended the Declaration of a State of Emergency for additional seven (7) days, commencing on
June 6, 2020 and ending on June 12, 2020; and
WHEREAS, on June 12, 2020, the Mayor and City.Commission adopted Resolution No.
2020-31287, authorizing the City Manager to extend the Declaration of a State of Emergency for
an additional seven (7) days, commencing at 12:00 a.m. on June 13, 2020 and ending at 11:59
p.m. on June 19, 2020, and further authorizing the City Manager to extend the Declaration of a
0
State of Emergency for an additional period of five (5) days, commencing at 12:00 a.m. on June
20, 2020, and ending at 11:59 p.m. on June 24, 2020; and
WHEREAS, on June 12, 2020, pursuant to Resolution No. 2020-31287, the City Manager
extended the Declaration of a State of Emergency for an additional seven (7) days, commencing
on June 13, 2020 and ending on June 19, 2020; and
WHEREAS, on June 19, 2020, pursuant to Resolution No. 2020-31287, the City Manager
extended the Declaration of a State of Emergency for an additional five (5) days, commencing on
June 20, 2020, and ending on June 24, 2020; and
WHEREAS, on June 24, 2020, the Mayor and City Commission adopted Resolution No.
2020-31308, authorizing the City Manager to extend the Declaration of a State of Emergency for
an additional seven (7) days, commencing at 12:00 a.m. on June 25, 2020 and ending at 11:59
p.m. on July 1, 2020, and further authorizing the City Manager to extend the Declaration of a State
of Emergency for two (2) additional 7-day increments, and one (1) additional 2-day increment,
commencing at 12:00 a.m. on July 2, 2020, and ending at 11:59 p.m. on July 17, 2020; and
WHEREAS, on June 24, 2020, and pursuant to Resolution No. 2020-31308, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on June 25, 2020, and ending on July 1, 2020; and
WHEREAS, commencing on June 28, 2020, and in response to a rapid increase in the
rate of new cases of COVID-19, Miami-Dade County Mayor Carlos Gimenez issued a number of
emergency orders, intended to close certain facilities, limit public gatherings, and curb the spread
of COVID-19:
• Amendment No. 4, dated June 28, 2020, to Emergency Order 23-20,
prohibiting the sale of alcoholic beverages for on-site consumption between
12:01 a.m. and 6:00 a.m. each day, and ordering the closure of hookah
lounges;
• Emergency Order 25-20, dated June 28, 2020, closing all beaches in Miami-
Dade County commencing Friday, July 3, 2020, and extending through
Monday, July 6, 2020; and prohibiting parades;
• Amendment No. 5, dated June 30, 2020, to Emergency Order 23-20, closing
restaurants and other food service establishments for on-premises dining
between 12:01 a.m. and 6:00 a.m. each day;
• Amendment No. 1, dated June 30, 2020, to Emergency Order 25-20, imposing
restrictions on the operation of hotel pools;
• Amendment No. 1, dated July 2, 2020, to Emergency Order 20-20, requiring
all persons throughout Miami-Dade County to wear a mask or other facial
covering when in public, subject to certain exceptions;
• Emergency Order 26-20, closing all movie theaters, concert houses,
auditoriums, playhouses, bowling alleys, arcades, indoor amusement facilities,
and casinos;
• Emergency Order 27-20, imposing a curfew throughut Miami-Dade County,
effective from 10:00 p.m. each night through 6:00 a.m. the next morning;
• Amendment No. 1, dated July 3, 2020, to Emergency Order 26-20, ordering
the closure of outdoor amusement facilities, adult theaters, special cabarets,
and unlicensed massage establishments; and
• Amendment No. 2, dated July 7, 2020, to Emergency Order 26-20, closing
banquet halls and ballrooms; requiring masks or facial coverings to be worn
inside gyms and fitness centers; limiting restaurants and cafeterias to outdoor
service only for on-site consumption between the hours of 6:00 a.m. and 10:00
p.m. each day, and requiring that outdoor on-premises service cease at 10:00
a.m.; and imposing occupancy restrictions on short-term vacation rentals, and
prohibiting new rental agreements entered into except on a monthly basis; and
WHEREAS, on July 1, 2020, and pursuant to Resolution No. 2020-31308, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on July 2, 2020, and ending on July 8, 2020; and
WHEREAS, on July 8, 2020, and pursuant to Resolution No. 2020-31308, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on July 9, 2020, and ending on July 15, 2020; and
WHEREAS, on July 15, 2020, the City Manager extended the Declaration of a State of
Emergency for an additional two (2) days, commencing on July 16, 2020, and ending on July 17,
2020; and
WHEREAS, on July 17, 2020, the Mayor and City Commission adopted Resolution No.
2020-31312, authorizing the City Manager to extend the Declaration of a State of Emergency for
an additional seven (7) days, commencing at 12:00 a.m. on July 18, 2020 and ending at 11:59
p.m. on July 24, 2020, and further authorizing the City Manager to extend the Declaration of a
State of Emergency for one (1) additional 5-day increment, commencing at 12:00 a.m. on July
25, 2020, and ending at 11:59 p.m. on July 29, 2020; and
WHEREAS, on July 29, 2020, the Mayor and City Commission adopted Resolution No.
2020-31372, authorizing the City Manager to extend the Declaration for an additional seven (7)
days, commencing at 12:00 a.m. on July 30, 2020, and ending at 11:59 p.m. on August 5, 2020,
and further authorizing the City Manager to extend the Declaration for six (6) additional 7-day
increments, commencing at 12:00 a.m. on August 6, 2020, and ending at 11:59 p.m. on
September 16, 2020; and
WHEREAS, on July 29, 2020, and pursuant to Resolution No. 2020-31372, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on July 30, 2020, and ending on August 5, 2020; and
WHEREAS, on August 5, 2020, and pursuant to Resolution No. 2020-31372, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on August 6, 2020, and ending on August 12, 2020; and
WHEREAS, on August 12, 2020, and pursuant to Resolution No. 2020-31372, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on August 13, 2020, and ending on August 19, 2020; and
WHEREAS, on August 19, 2020, and pursuant to Resolution No. 2020-31372, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on August 20, 2020, and ending on August 26, 2020; and
WHEREAS, on August 26, 2020, and pursuant to Resolution No. 2020-31372, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on August 27, 2020, and ending on September 2, 2020; and
WHEREAS, on September 2, 2020, and pursuant to Resolution No. 2020-31372, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on September 3, 2020, and ending on September 9, 2020; and
WHEREAS, on September 9, 2020, and pursuant to Resolution No. 2020-31372, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on September 10, 2020, and ending on September 16, 2020; and
WHEREAS, on September 16, 2020, the Mayor and City Commission adopted Resolution
No. 2020-31424, authorizing the City Manager to extend the Declaration for an additional seven
(7) days, commencing at 12:00 a.m. on September 17, 2020, and ending at 11:59 p.m. on
September 23, 2020, and further authorizing the City Manager to extend the Declaration for three
(3) additional 7-day increments, which would commence at 12:00 a.m. on September 24, 2020,
and end at 11:59 p.m. on October 14, 2020; and
WHEREAS, on September 16, 2020, and pursuant to Resolution No. 2020-31424, the
City Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on September 17, 2020, and ending on September 23, 2020; and
WHEREAS, on September 23, 2020, and pursuant to Resolution No. 2020-31424, the
City Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on September 24, 2020, and ending on September 30, 2020; and
WHEREAS, on September 25, 2020, Governor DeSantis issued Executive Order 20-244,
stating that economic harms resulting from COVID-19 closures have exacerbated the State of
Emergency; and
WHEREAS, Executive Order 20-244 moves the State of Florida into Phase 3 of its
reopening plan, requiring local governments to provide economic impact analysis on the
restaurant industry and explanation of why limits are necessary for public health if the local
government intends to reduce capacity below 100 percent, and requiring all other businesses to
open as part of Phase 3; and
WHEREAS, on September 26, 2020, Miami-Dade County Mayor Carlos Gimenez issued
Emergency Order 30-20, authorizing every retail and commercial establishment and any other
establishment or facility in the County to open, provided that each such establishment complies
with specific capacity, social distancing, and other requirements, including the applicable activity-
specific requirements in the "Moving To A New Normal Handbook" ("EO 30-20"); and
WHEREAS, the findings in EO 30-20 as to the economic impact analysis on the restaurant
industry, and explanation of why limits on capacity are necessary for public health, are hereby
incorporated by reference as if fully set forth herein; and
41
WHEREAS, on September 30, 2020, and pursuant to Resolution No. 2020-31424, the
City Manager extended the Declaration of a State of Emergency for an additional seven (7)days,
commencing on October 1, 2020, and ending on October 7, 2020; and
WHEREAS, on October 7, 2020, and pursuant to Resolution No. 2020-31424, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on October 8, 2020, and ending on October 14, 2020; and
WHEREAS, as continued measures are required to address the COVID-19 pandemic, the
City Manager hereby requests that the Mayor and City Commission authorize the City Manager
to extend the Declaration of a State of Emergency in the City of Miami Beach, for an additional 7-
day increment, which would commence on October 15, 2020, and end on October 21, 2020; and
WHEREAS, the City Manager hereby further requests that the Mayor and City
Commission provide authorization to continue to extend the Declaration of a State of Emergency
for four (4) additional 7-day increments, which would commence at 12:00 a.m. on October 22,
2020, and end at 11:59 p.m. on November 18, 2020; and
WHEREAS, the Mayor and City Commission hereby acknowledge and consent to the
aforestated 7-day incremental extension and the additional incremental extensions; provided,
however, that at any duly-noticed regular or special City Commission meeting, 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 currently scheduled meetings 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 at 12:00 a.m. on
October 15, 2020, and ending at 11:59 p.m. on October 21, 2020.
2. The City Manager is further authorized 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 at 12:00 a.m. on October 22, 2020, and end at 11:59 p.m. on
November 18, 2020.
3. The scope of any emergency measures ordered by the City Manager pursuant to the
Declaration of a State of Emergency shall, consistent with all prior emergency
measures imposed by the City Manager to date, be limited to respond to immediate
threats posed by the COVID-19 pandemic. Further, no emergency action taken by the
City Manager shall be binding on the City Commission beyond the period of the
COVID-19 State of Emergency, or otherwise limit the ability of the City Commission to
undo any action of the City Manager, whether contractually or legislatively.
4. 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 currently
scheduled meetings 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.
5. The City Manager shall be required to call a City Commission meeting prior to ordering
any emergency measure that is more restrictive than the emergency measures in
effect as of October 15, 2020.
PASSED and ADOPTED this M day of 0G171Aec , 2020.
ATTEST:
Dan Gelber, Mayor
??Yf
1iti/z .f isa_A
Rafael E. Granado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
\1111
9LtU"
j{IN[ORP j0RAT Fu1 City Attorney Qv._ Date
4
Resolutions - R7 I
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: October 14,2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXTEND 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 OCTOBER 14, 2020,
SUCH EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7) DAYS,
COMMENCING AT 12:00 A.M. ON OCTOBER 15, 2020, AND ENDING AT
11:59 P.M. ON OCTOBER 21, 2020; FURTHER AUTHORIZING THE CITY
MANAGER TO CONTINUE TO EXTEND THE DECLARATION OF A STATE
OF EMERGENCY FOR FOUR (4) ADDITIONAL 7-DAY INCREMENTS,
WHICH WOULD COMMENCE AT 12:00 A.M. ON OCTOBER 22, 2020, AND
END AT 11:59 P.M. ON NOVEMBER 18, 2020; PROVIDED THAT THE
SCOPE OF ANY EMERGENCY MEASURES ORDERED BY THE CITY
MANAGER SHALL, CONSISTENT WITH ALL PRIOR EMERGENCY
MEASURES IMPOSED BY THE CITY MANAGER TO DATE, BE LIMITED
TO RESPOND TO IMMEDIATE THREATS POSED BY THE COVID-19
PANDEMIC; PROVIDING THAT NO EMERGENCY ACTION TAKEN BY THE
CITY MANAGER SHALL BE BINDING ON THE CITY COMMISSION
BEYOND THE PERIOD OF THE COVID-19 STATE OF EMERGENCY, OR
OTHERWISE LIMIT THE ABILITY OF THE CITY COMMISSION TO UNDO
ANY ACTION OF THE CITY MANAGER, WHETHER CONTRACTUALLY OR
LEGISLATIVELY; FURTHER, PROVIDING THAT THE SUBJECT
DECLARATION OF EMERGENCY SHALL BE TERMINABLE BY THE CITY
COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THIS
RESOLUTION; AND, FINALLY, PROVIDING THAT THE CITY MANAGER
SHALL BE REQUIRED TO CALL A CITY COMMISSION MEETING PRIOR
TO ORDERING ANY EMERGENCY MEASURE THAT IS MORE
RESTRICTIVE THAN THE EMERGENCY MEASURES IN EFFECT AS OF
OCTOBER 15, 2020.
BACKGROUND/HISTORY
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
Page 1117 of 1576
to continue to address threats associated with the coronavirus disease 2019 ("COVI D-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 (the "Declaration").
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 deemed necessary to address the COVI D-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.
On March 18, 2020, the City Commission adopted Resolution No. 2020-31219, which, in
pertinent part, authorized the City Manager to extend the duration of the Declaration in additional
7-day increments,through April 23, 2020.
On April 22, 2020, the City Commission adopted Resolution No. 2020-31245, authorizing the
City Manager to extend the duration of the Declaration for an additional period of seven (7)
days, commencing on April 24, 2020, and ending.on April 30, 2020. The Resolution further
authorized the City Manager to extend the duration of the Declaration on April 30, 2020, for an
additional 7-day increment, which would commence on May 1, 2020, and end on May 7, 2020.
On May 1, 2020, the City Commission adopted Resolution No. 2020-31246, authorizing the
City Manager to extend the duration of the Declaration for an additional period of seven (7)
days,commencing on May 8, 2020,and ending on May 14, 2020.
On May 13, 2020, the City Commission adopted Resolution No. 2020-31273, authorizing the
City Manager to extend the Declaration for an additional seven (7) days, commencing on May
15, 2020 and ending on May 21, 2020, and further authorizing the City Manager to extend the
Declaration by one (1) additional day, commencing at 12:00 a.m. on May 22,.2020, and ending
at 11:59 p.m.on May 22, 2020.
On May 22, 2020, the City Commission adopted Resolution No. 2020-31280, authorizing the
City Manager to extend the duration of the Declaration for an additional period of seven (7)
days, commencing on May 23,2020, and ending on May 29, 2020.
On May 28, 2020, the City Commission adopted Resolution No. 2020-31282, authorizing the
City Manager to extend the duration of the Declaration for an additional period of seven (7)
days, commencing on May 30, 2020, and ending on June 5, 2020.
On June 5, 2020, the Mayor and City Commission adopted Resolution No. 2020-31284,
authorizing the City Manager to extend the Declaration for an additional seven (7) days,
commencing on June 6, 2020 and ending on June 12,2020.
On June 12, 2020, the Mayor and City Commission adopted Resolution No. 2020-32187,
Page 1118 of 1576
authorizing the City Manager to extend the Declaration for an additional seven (7) days,
commencing at 12:00 a.m. on June 13, 2020, and ending at 11:59 p.m. on June 19, 2020, and
further authorizing the City Manager to extend the Declaration for an additional period of five (5)
days, commencing at 12:00 a.m. on June 20, 2020, and ending at 11:59 p.m. on June 24,
2020.
On June 24, 2020, the Mayor and City Commission adopted Resolution No. 2020-31308,
authorizing the City Manager to extend the Declaration for an additional seven (7) days,
commencing at 12:00 a.m. on June 25, 2020, and ending at 11:59 p.m. on July 1, 2020, and
further authorizing the City Manager to extend the Declaration for two (2) additional 7-day
increments, and one (1)additional 2-day increment, commencing at 12:00 a.m. on July 2, 2020,
and ending at 11:59 p.m. on July 17,2020.
On July 17, 2020, the Mayor and City Commission adopted Resolution No. 2020-31312,
authorizing the City Manager to extend the Declaration for an additional seven (7) days,
commencing at 12:00 a.m. on July 18, 2020, and ending at 11:59 p.m. on July 24, 2020, and
further authorizing the City Manager to extend the Declaration for one (1) additional 5-day
increment, commencing at 12:00 a.m. on July 25, 2020, and ending at 11:59 p.m. on July 29,
2020.
On July 29, 2020, the Mayor and City Commission adopted Resolution No. 2020-31372,
authorizing the City Manager to extend the Declaration for an additional seven (7) days,
commencing at 12:00 a.m. on July 30, 2020, and ending at 11:59 p.m. on August 5, 2020, and
further authorizing the City Manager to extend the Declaration for six (6) additional 5-day
increments, commencing at 12:00 a.m. on August 6, 2020, and ending at 11:59 p.m. on
September 16, 2020.
On September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-
31424, authorizing the City Manager to extend the Declaration for an additional seven (7) days,
commencing at 12:00 a.m. on September 17, 2020, and ending at 11:59 p.m. on September
23, 2020, and further authorizing the City Manager to extend the Declaration for three (3)
additional 7-day increments, which would commence at 12:00 a.m. on September 24, 2020,
and end at 11:59 p.m.on October 14, 2020.
ANALYSIS
The attached Resolution authorizes the City Manager to extend the duration of the Declaration
for an additional period of seven(7)days, commencing at 12:00 a.m. on October 15, 2020, and
ending at 11:59 p.m. on October 21, 2020. In addition, the Resolution authorizes the City
Manager to extend the Declaration for four additional 7-day increments, commencing at 12:00
a.m.on October 22, 2020, and ending at 11:59 p.m. on November 18, 2020 (i.e.the date of the
next regularly scheduled City Commission meeting).
The Resolution further provides that the scope of any emergency measures ordered by the City
Manager pursuant to the Declaration shall, consistent with all prior emergency measures
imposed by the City Manager to date, be limited to respond to immediate threats posed by the
COVI D-19 pandemic. Further, no emergency action taken by the City Manager shall be binding
on the City Commission beyond the period of the COVI D-19 State of Emergency, or otherwise
Page 1119 of 1576
limit the ability of the City Commission to undo any action of the City Manager, whether
contractually or legislatively.
Applicable Area
Not Applicable
1s this a "Residents Right Does this item utilize G.O.
to Know" item.pursuapt to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
❑ Resolution
Page 1120 of 1576