Resolution 2021-31750 RESOLUTION NO. 2021-31750
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 JUNE 23, 2021, SUCH EXTENSION FOR
AN ADDITIONAL PERIOD OF SEVEN (7) DAYS, COMMENCING
AT 12:00 A.M. ON JUNE 24, 2021, AND ENDING AT 11:59 P.M.
ON JUNE 30, 2021; 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
JULY 1, 2021,AND END AT 11:59 P.M. ON JULY 28, 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 of a State of Emergency has been extended by the City
Manager through June 23, 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, 2021-31691, and 2021-31718, 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, 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 June 24, 2021, and end on
June 30, 2021; and
WHEREAS, further, the City Manager requests that the Mayor and City Commission
authorize the City Manager to extend the Declaration of a State of Emergency for four (4)
additional 7-day increments, which would commence on July 1, 2021, and end on July 28, 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, on the same day, Governor Ron DeSantis signed into law Senate Bill ("SB")
2006, which, in pertinent part, amends Section 252.38, Florida Statutes, to further limit the
emergency management authority of political subdivisions, restrict the duration of local
emergency orders, and permit the Governor to invalidate a local emergency order at any time;
and
WHEREAS, neither Executive Order 21-102 nor Senate Bill 2006 impact the City's
authority to continue to extend the City's Declaration of a State of Emergency, or take any other
action in order to obtain reimbursement for COVID-related expenses; and
2
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.
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
June 24, 2021, and ending at 11:59 p.m. on June 30, 2021.
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 July 1, 2021, and end at 11:59 p.m. on July 28,
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 01.3 day of J1''� , 2021.
ATTEST:
C
Dan Gelber, Mayor
(DA
Rafael . Granado, City Clerk
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City Attorney ovs._ Date
3
Resolutions-R7 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
F ROM: Rafael A. Paz,Acting City Attorney
DATE: June 23, 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 JUNE 23, 2021, SUCH
EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7) DAYS,
COMMENCING AT 12:00 A.M. ON JUNE 24, 2021,AND ENDING AT 11:59 P.M.
ON JUNE 30, 2021; 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 JULY 1, 2021, AND END AT 11:59
P.M. ON JULY 28, 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.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
n/a
Applicable Area
Not Applicable
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
Page 1130 of 1884
Legislative Tracking.
Office of the City Attorney
ATTACHMENTS:
Description
❑ Memo-State of Emergency 06.24.2021 to 07.28.2021
o Reso-State of Emergency- COVID 19-06.24.2021 to 07.28.2021
Page 1131 of 1884
MIAMI BEACH
City of Miami Beach, 1 700 Convention Censer Drive. Minori Beach. Florida 33139,www.miomibeachfl.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 07-----"D
DATE: June 23, 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 JUNE 23,2021, SUCH EXTENSION FOR
AN ADDITIONAL PERIOD OF SEVEN (7) DAYS, COMMENCING
AT 12:00 A.M. ON JUNE 24, 2021, AND ENDING AT 11:59 P.M.
ON JUNE 30, 2021; 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
JULY 1, 2021,AND END AT 11:59 P.M.ON JULY 28, 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,
Page 1132 of 1884
2020-31463,2020-31506, 2020-31529, 2021-31558, 2021-31598,2021-31651, 2021-31691, and
2021-31718.
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 June 24, 2021, and
ending at 11:59 p.m. on June 30, 2021. Further, the Resolution authorizes 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 July 1, 2021, and end at 11:59 p.m. on July
28, 2021.
On May 3, 2021, Florida Governor Ron DeSantis issued Executive Order ("EO") 21-102,
immediately suspending "all local COVID-19 restrictions and mandates on individuals and
businesses." On the same day, the Governor signed into law Senate Bill ("SB") 2006, which, in
pertinent part, amends Section 252.38, Florida Statutes, to further limit the emergency
management authority of political subdivisions, restrict the duration of local emergency orders,
and permit the Governor to invalidate a local emergency order at any time. The bill defines an
"emergency order" as "an order or ordinance issued or enacted by a political subdivision in
response to an emergency . . . that limits the rights or liberties of individuals or businesses within
the political subdivision." SB 2006 is effective on July 1, 2021.
Notwithstanding the foregoing, neither EO 21-102 nor SB 2006 impact the City's authority to
continue to extend the Declaration of a State of Emergency, or take any other action to obtain
reimbursement for COVID-related expenses. Section 252.38(3)(a)(5),which was not amended by
SB 2006, expressly permits the City to declare a state of local emergency "[t]o request state
assistance or invoke emergency-related mutual-aid assistance."
The City Commission may therefore continue to authorize the City Manager to extend the duration
of the State of Emergency as provided in this Resolution.
•
Page 1133 of 1884