Resolution 2020-31285R E S O L U T IO N NO . 2020-312 85
A R E S O LU T IO N O F TH E M A Y O R A N D C ITY C O M M IS S IO N
O F TH E C ITY O F M IA M I B E A C H , FL O R ID A ,
R E S P E C T F U LLY U R G IN G G O V E R N O R R O N D E S A N T IS
T O EX T E N D TH E D U RA T IO N O F EX E C U T IV E O RD E R 20-
69 , IS S U E D IN R E S P O N S E T O T H E C O V ID -19 PA N D E M IC ,
W H IC H S U S P E N D S A N Y STA T U T E R E Q U IR IN G A
Q U O R U M TO B E P R E S E N T IN PE R S O N O R R E Q U IR IN G
A LO C A L G O V E R N M E N T B O D Y TO M E E T A T A S P E C IF IC
P U B LI C P LA C E , A T A M IN IM U M T H R O U G H JU L Y 31,
202 0, O R , IN T H E A L TE R N A T IV E , TH R O U G H FIS C A L
Y E A R 2020 (I.E . TH R O U G H S E P T E M B E R 30, 2020), TO
A LLO W TH E C ITY C O M M IS S IO N , LA N D US E B O A R D S ,
A N D O T H E R B O A R D S A N D C O M M IT TE E S T O C O N T IN U E
T O HO L D V IR T U A L M E E T IN G S UT ILI Z IN G
C O M M U N IC A TIO N S M E D IA T E C H N O L O G Y , S U C H A S
TE L E P H O N IC A N D V ID E O C O N FE R E N C IN G , W H IL E
A D H E R IN G T O S O C IA L D IS TA N C IN G G U ID E LI N E S
IN T E N D E D TO C O N T A IN T H E SP R EA D OF C O V ID -19 .
W H E R EA S , on March 12, 2020, the City Manager 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, and the findings of which are hereby incorporated by
reference (the "State of Emergency"); and
WHEREAS, in response to the threats posed by COVID-19 to the health, safety
and welfare of the City's residents, since March 12, 2020, the City Manager 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, 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, public and private gatherings during this State of Emergency, such
as at local government meetings, pose a risk to the health, safety, and welfare of the
people of the City of Miami Beach; and
WHEREAS, on March 20, 2020, and in response to the COVID-19 pandemic,
Governor Ron Desantis issued Executive Order ("EO") 20-69, (i) suspending 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) permitting local government bodies to
utilize communications media technology, such as telephonic and video conferencing, as
provided in section 120.54(5)(b)2., Florida Statutes; and
W H E R E A S , Section 120.54(5)(b)2., Florida Statutes, defines "communications
media technology" as "the electronic transmission of printed matter, audio, full-motion
video, freeze-frame video, compressed video, and digital video by any method available";
and
WHEREAS, cities and counties throughout Florida, including Miami-Dade County,
the City of Miami Beach, and many other municipalities in Miami-Dade County, have held
virtual meetings during the State of Emergency pursuant to EO 20-69; and
WHEREAS, on June 4, 2020, Governor Ron Desantis issued EO 20-139, which,
in pertinent part, initiated Phase 2 of the State's reopening plan, and amended the
duration of EO 20-69 to provide that EO 20-69 shall now expire on June 30, 2020; and
WHEREAS, prior to the issuance of EO 20-139, the duration of EO 20-69 was tied
to the duration of the State's declaration of a state of emergency to address the COVID-
19 pandemic; and
WHEREAS, on June 5, 2020, the Miami-Dade County League of Cities transmitted
a letter to Governor Desantis, respectfully requesting an extension of EO 20-69 through
September 30, 2020, as the public health concerns associated with the COVID-19
pandemic present serious challenges for holding in-person public meetings; and
WHEREAS, the Mayor and City Commission hereby find that the upcoming
expiration of Executive Order Number 20-69 will restrict the City's ability to both (i) hold
public meetings and conduct public business during the pandemic, and (ii) adhere to
social distancing guidelines to curb the spread of COVID-19; and
WHEREAS, social distancing guidelines intended to curb the spread of COVID-19
will likely remain in place for an indefinite period of time in order to prevent a second wave
of COVID-19 spread; and
WHEREAS, according to the John Hopkins University and Medicine Coronavirus
Resource Center, twenty (20) states have already seen increases in newly reported
COVID-19 cases during the week of June 1, 2020,, including Florida, Arizona, Arkansas,
Louisiana, Massachusetts and Utah; and
WHEREAS, on June 4, 2020, the Florida Department of Health reported 1,419
additional cases, which was the State's largest single-day increase in reported cases
since the pandemic began; and
WHEREAS, on June 5, 2020, the Florida Department of Health reported 1,305
additional cases; and
WHEREAS, as of June 5, 2020, the Florida Department of Health lists 61,488
positive cases of COVID-19 and 2,660 deaths, with South Florida emerging as a "hotspot"
fo r these inf ection s - with 7,572 confi rm ed cases in B ro w ard C o unty and 19,0 56
co n fi rm ed cases in M ia m i-D ade C o unty, togethe r accounting fo r nearly ha lf of the state's
total; and
WHEREAS, requ iring go vern m ent m eetings to be he ld in-person as early as July
1, 2020 , w ould pose ris ks to the health, safety, and w elfa re of the people of the C ity of
M iam i B each; and
WHEREAS, an extensio n to the du ration of E O 20-69 , at least thro ugh July 31,
20 20 (i.e . prio r to the C ity C o m m ission recess in A ug ust), w ould allow the C ity to continue
to lim it p ublic gathe rings du ring the pande m ic, and de velo p a plan to ada pt the
C o m m issio n C ha m bers and/or ide ntify othe r venues to accom m odate in-pe rson m eetings
start ing in S eptem ber 2020 ; and
WHEREAS, fo r these reaso ns, the M ayor and C ity C om m issio n respectfully urge
G o vern o r D es a ntis to issue an E xecutive O rde r extending the du ratio n of E O 20-69 , to
p erm it the C ity to pro tect its reside nts, w hile continuing to conduct the public's business.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the M ayor and C ity
C o m m ission h e reby respectfully urge G overn o r R on D e s a ntis to extend the duration of
E xecuti ve O rde r 20-69 , issued in response to the C O V ID -19 pande m ic, w hich suspends
any S tatute requiring a quo rum to be prese nt in person or requiring a local govern m e nt
b o dy to m eet at a spec ific public place, at a m inim um thro ug h July 31, 2020 , or, in the
altern ative, thro ugh Fiscal Y ea r 2020 (i.e . thro ug h S e ptem be r 30 , 2020 ), to allow the C ity
C o m m ission, la nd use boa rds, and othe r boards and com m ittees to continue to ho ld
virt ua l m eeti ngs utiliz ing com m unicatio ns m edia techno logy, such as telepho nic and video
conferenc ing, w hile adh e ring to social distancing guide line s intended to contain the
spread of C O V ID -19 .
PASSED and ADOPTED this _5 da y of Ju ne , 20 2 0 .
4 -
R afael E. Gan a~o , Ciy cl er k
D a n G e lb e r, M ayo r
APPR O VED AS TO
FORM & LANGUAGE
& FOR EXECUTION
£Rs.2+
City Attorney ~ Date
M IA M I BEAC H
City o f M ia m i Be a ch, 1700 Convention Center Drive, Miomi Beach, Florido 33139, www.miomibeochfl.gov
Office of the City Clerk
Tel: 305673-7411
Jun e 10 , 20 2 0
H on o ra b le G o ve rn o r R o n D e s a ntis
T h e C a p ito l
4 0 0 S M on ro e St.
T a lla h asse e, F L 32 3 9 9
D e a r H onora b le G o ve rn o r D e s antis,
A tt a c he d ple a se fin d a co p y of C ity of M ia m i B ea ch R esolution N o. 2020-31285:
A R E S O L U T IO N O F T H E M A Y O R A N D C IT Y C O M M IS S IO N O F T H E CITY O F
M IA M I B E A C H , FL O R ID A, R E S P E C T F U L LY U R G IN G GO V ER N O R R O N
D E S A N T IS TO EX T E N D T H E D U RA T IO N O F EX E C U T IV E O R D E R 20-69,
IS S U E D IN R E S P O N S E T O T H E C O V ID -19 PA ND E M IC , W H IC H SUS P EN D S
A N Y S T A T U T E R E Q U IR IN G A Q U O R U M TO BE PR E S E N T IN PER SO N OR
R E Q U IR IN G A LO C A L G O V E R N M E N T BO D Y TO M E E T A T A SP EC IFIC
P U B LI C P L A C E , A T A M IN IM U M T H R O U G H JU L Y 31, 2020, O R , IN T HE
A LT E R N A T IV E , T H R O U G H FIS C A L Y EA R 2020 (I.E. T HR O U G H SE PT EM B E R
30 , 20 2 0 ), TO A L L O W T H E C IT Y C O M M IS S IO N, LA N D U S E BO A R DS , A N D
O T H E R B O A R D S A N D C O M M IT T E E S TO C O N T IN U E T O HO LD V IR TU A L
M E E T IN G S U T ILI Z IN G C O M M U N IC A T IO N S M E D IA T E C H N O LO G Y , SUC H
A S T E L E P H O N IC A N D V ID E O C O N F E R E N C ING , W H ILE A D H E R IN G TO
S O C IA L D IS T A N C IN G G U ID E LI N E S IN T E N D E D TO CO N T A IN T HE SP R EA D
O F C O V ID -19 .
T h is R e so lu tion w a s un a n im ously pa sse d and ado pted by the M ayor and City C om m ission of the
C ity of M ia m i B e a ch on Jun e 5, 202 0.
R e sp e ctf ully,
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R a fa e l E . G ra n a d o
C ity C lerk