Resolution 2021-31718 RESOLUTION NO. 2021-31718
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 MAY 12, 2021, SUCH EXTENSION FOR
AN ADDITIONAL PERIOD OF SEVEN (7) DAYS, COMMENCING
AT 12:00 A.M. ON MAY 13, 2021, AND ENDING AT 11:59 P.M.
ON MAY 19, 2021; FURTHER AUTHORIZING THE CITY
MANAGER TO CONTINUE TO EXTEND THE DECLARATION OF
A STATE OF EMERGENCY FOR FIVE (5) ADDITIONAL 7-DAY
INCREMENTS, WHICH WOULD COMMENCE AT 12:00 A.M. ON
MAY 20,2021,AND END AT 11:59 P.M. ON JUNE 23,2021;AND
PROVIDING THAT THE SUBJECT DECLARATION OF A STATE
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, 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 ("Declaration of a State of Emergency");
and
WHEREAS, the Declaration has been extended by the City Manager through May 12,
2021, pursuant to Resolution Nos. 2020-31192, 2020-31219, 2020-31245, 2020-31246, 2020-
31273, 2020-31280, 2020-31282, 2020-31284, 2020-32187, 2020-31308, 2020-31312, 2020-
31372, 2020-31424, 2020-31463, 2020-31506, 2020-31529, 2021-31558, 2021-31598, 2021-
31651, and 2021-31691, the findings of which are hereby incorporated by reference; 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, 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 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, 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 May 13, 2021, and end on May 19, 2021; 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;
and
WHEREAS, on May 3, 2021, Governor Ron DeSantis issued Executive Order 21-102
immediately suspending "all local COVID-19 restrictions and mandates on individuals and
businesses"; and
WHEREAS, the State of Emergency declared by Governor DeSantis in Executive Order
20-52, as extended by Executive Orders 20-114, 20-166, 20-192, 20-213, 20-276, 20-316, and
21-45, remains in effect for the entire State of Florida until June 26, 2021; and
WHEREAS, the City's Declaration of a State of Emergency is a separate matter from the
issuance of any emergency measures pursuant to such Declaration. While Executive Order 21-
102 suspends emergency measures imposed upon individuals and businesses, the Order does
not restrict the City from continuing to declare a State of Emergency or taking any other action in
order to obtain reimbursement for COVID-related expenses.
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
May 13, 2021, and ending at 11:59 p.m. on May 19, 2021.
2
2. The City Manager is further authorized to extend the Declaration of a State of ,
Emergency in the City of Miami Beach for five (5) additional 7-day increments, which
would commence at 12:00 a.m. on May 20, 2021, and end at 11:59 p.m. on June 23,
2021.
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 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.
PASSED and ADOPTED this 0' day of Mal , 2021.
ATTEST:
Ka/14 Dan Gelber, Mayor
Rafael E. Gr nado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
k.If'0 P RATED' City Attorney Qv._ Date
inn
3
Agenda Item: R7 Q
Date: 5/12/2021
. MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber
Members of the City Commission
CC: Alina T. Hudak, City Manager
Rafael E. Granado, City Clerk
FROM: Rafael Paz, Acting City Attorney
DATE: May 12, 2021
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 MAY 12, 2021, SUCH EXTENSION FOR
AN ADDITIONAL PERIOD OF SEVEN (7) DAYS, COMMENCING
AT 12:00 A.M. ON MAY 13, 2021, AND ENDING AT 11:59 P.M.
ON MAY 19, 2021; FURTHER AUTHORIZING THE CITY
MANAGER TO CONTINUE TO EXTEND THE DECLARATION OF
A STATE OF EMERGENCY FOR FIVE (5) ADDITIONAL 7-DAY
INCREMENTS, WHICH WOULD COMMENCE AT 12:00 A.M. ON
MAY 20,2021,AND END AT 11:59 P.M. ON JUNE 23,2021;AND
PROVIDING THAT THE SUBJECT DECLARATION OF A STATE
OF EMERGENCY SHALL BE TERMINABLE BY THE CITY
COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF
THIS RESOLUTION.
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
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 COVID-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").
The Declaration has been extended by the City Manager through May 12, 2021, pursuant to
Resolution Nos. 2020-31192, 2020-31219, 2020-31245, 2020-31246, 2020-31273, 2020-31280,
2020-31282, 2020-31284, 2020-32187, 2020-31308, 2020-31312, 2020-31372, 2020-31424,
2020-31463, 2020-31506, 2020-31529, 2021-31558, 2021-31598, 2021-31651, and 2021-
31691.
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 May 13, 2021, and
ending at 11:59 p.m. on May 19, 2021. Further, the Resolution authorizes the City Manager to
continue to extend the declaration of a State of Emergency for five(5)additional 7-day increments,
which would commence at 12:00 a.m. on May 20, 2021, and end at 11:59 p.m. on June 23, 2021.
On May 3, 2021, Governor Ron DeSantis issued Executive Order 21-102 immediately suspending
"all local COVID-19 restrictions and mandates on individuals and businesses." EO 21-102
operated to suspend the City's most recent Emergency Order, which was set to expire at 11:59
p.m. on May 5, 2021.
The City's Declaration of a State of Emergency is a separate matter from the issuance of any
emergency measures pursuant to such Declaration. While Executive Order 21-102 suspended
emergency measures imposed upon individuals and businesses, the Order does not restrict the
City from continuing to declare a State of Emergency or taking any other action in order to obtain
reimbursement for COVID-related expenses.
The State of Emergency declared by Governor DeSantis in Executive Order 20-52, as extended
by Executive Orders 20-114, 20-166, 20-192, 20-213, 20-276, 20-316, and 21-45, remains in
effect for the entire State of Florida until June 26, 2021.
Resolutions - R7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
F ROM: Rafael A. Paz,Acting City Attorney
DATE: May 12, 2021
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 MAY 12, 2021, SUCH
EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7) DAYS,
COMMENCING AT 12:00 A.M. ON MAY 13, 2021, AND ENDING AT 11:59 P.M.
ON MAY 19, 2021; FURTHER AUTHORIZING THE CITY MANAGER TO
CONTINUE TO EXTEND THE DECLARATION OF A STATE OF
EMERGENCY FOR FIVE (5) ADDITIONAL 7-DAY INCREMENTS, WHICH
WOULD COMMENCE AT 12:00 A.M. ON MAY 20, 2021, AND END AT 11:59
P.M. ON JUNE 23, 2021; AND PROVIDING THAT THE SUBJECT
DECLARATION OF A STATE OF EMERGENCY SHALL BE TERMINABLE
BY THE CITY COMMISSION IN ACCORDANCE WITH THE PROVISIONS
OF THIS RESOLUTION.
BACKGROUND/HISTORY
Memorandum and Resolution to be submitted via Supplemental Agenda.
SUPPORTING SURVEY DATA
N/A
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
Strategic Connection
Non-Applicable
Legislative Tracking
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Office of the City Attorney
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