Resolution 2021-31619R E S O L U T IO N N O . 2021-31691
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 APRIL 21, 2021, SUCH EXTENSION
FOR AN ADDITIONAL PERIOD OF SEVEN (7) DA YS,
COMMENCING AT 12:00 A.M. ON APRIL 22, 2021, AND ENDING
AT 11:59 P.M. ON APRIL 28, 2021; FURTHER AUTHORIZING
THE CITY MANAGER TO CONTINUE TO EXTEND THE
DECLARATION OF A STATE OF EMERGENCY FOR TWO (2)
ADDITIONAL 7-DAY INCREMENTS, WHICH WOULD
COMMENCE AT 12:00 A.M. ON APRIL 29, 2021, AND END AT
11:59 P.M. ON MAY 12, 2021; 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 APRIL 22, 2021.
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
W HEREAS, on March 12, 2020, the City Manager for the City of Miami Beach declared a
State of Em ergency fo r the City of Miami Beach, as COVID-19 poses a health risk to the City's
residents, part icularly elderly residents and those w ho are im m unosuppressed or otherw ise have
high risk of m edical conditions, w hich decl aration w as am ended on March 13, 2020, and the
findings of w hich are hereby incorporated by reference; and
WHEREAS, on M arch 13, 2020, the Mayor and City Commission of the City of Miami
Beach unanim ously adopted R esolution No. 2020-31192, authorizing the City Manager to extend
the duration of the D ecl aration of a State of E m ergency and im plem ent discretionary em ergency
m easures fo r an additional period of seven (7) days, com m encing on M arch 12 , 2020, and ending
on M arch 19, 2020, to address th e CO VI D -19 pand emi c and pro tect the public health, safety and
w elfare of the people of the City of M iam i B each, the findings of w hich are hereby incorporated
by reference; and
WHEREAS, on M arch 13, 2020, President Trum p decl ared a national em ergency due to
CO VI D -19; and
WHEREAS, on M arch 18, 2020, the M ayor and City C om m ission unanim ously adopted
R esolution No. 2020-312 19, auth orizing the City M anager to extend the duration of the
D eclaration of a S tate of E m ergency and im plem ent discretionary em ergency m easures fo r an
additional period of seven (7) days, com m encing on M arch 19 , 2020, and ending on M arch 26,
2020, to address th e CO V ID -19 pand emi c and pro tect the public health, safety and w elfare of the
people of the C ity of M iam i B each, the findings of w hich are hereby incorporated by reference;
and
WHEREAS, the rate of infection thro ughout the w orld and in the U nited States has
accelerated rapidly, w ith m ore than 129,992,059 confirm ed cases w orldw ide as of A pril 2, 2021;
and
WHEREAS, as the result of the rapid and exponential spread of CO VI D-19, countr ies
thro ughout the w orld have im posed strict m easures lim iting travel, and ordering ci tizens to stay at
hom e to avoid or m inim ize the com m unity spread of C O VI D -19; and
WHEREAS, as of A pril 2, 2021, the U nited States has recorded over 30,592,125
confirm ed cases, w ith m ore than 553,901 deaths; and
WHEREAS, during M arch and A pril of 2020, the accelerating infection rate for COVID-19
led at least 42 states (incl uding Florida), and countless local govern m ents, including M iam i-D ade
County, to issue orders curt ailing m obility and travel, through "S helter in P lace," "Stay at Hom e,"
or "S afer at Hom e" orders, in order to m inim ize contact thro ugh soci al distancing m easures and
reduce the risk of C O VI D -19 infection, w ith over 316 m illion A m ericans subject to such orders as
of A pril 27, 2020, accounting fo r over 97% of the country's population; and
WHEREAS, on July 12 , 2020, the Florida D epart m ent of H ealth (th e "FDOH ") repor ted
15 ,300 additional cases in Florida, shattering both state and national records fo r daily new cases
report ed since the start of the pandem ic; and
WHEREAS, as of A pril 2, 2021, the FD O H lists 2,071,015 positive cases of C O VI D -19 in
Florida and 33,586 deaths, w ith South Florida accounting for appro xim ately 40% of the state's
total num ber of inf ections - wi th 216,277 confirm ed cases in Brow ard County, 132,528 confirm ed
cases in Palm Beach County, and 448,4 79 confirm ed cases in M iam i-D ade C ounty; and
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W HER EA S, as of April 2, 2021, 5,890 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, 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
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W H ER EA S , 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
esta b lis h m e n ts w ith in M ia m i-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 in order to reduce community spread,
relieve pressure on hospitals and healthcare personnel, protect workers, and maintain social
order; and
WHEREAS, many countries have enacted travel restrictions in response to the spread of
COVID-19, incl uding the United States, which issued a Level 4 "Do Not Travel" global health
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, 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
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W HEREA S, 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
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W HEREAS, pursuant to City Code Section 26-35, the duration of such Declaration of a
S ta te of E m e rg e n cy (a n d a n y su c h d is c re tio n ary emergency measures implemented pursuant
th e re to ) is lim ite d to a pe rio d of 72 co n s ecutive hours, unless an extension is authorized by the
C ity C o m m issio n by du ly e n a cte d re so lu tio n in a re g u la r o r sp e c ia l se ssio n of th e C ity
C o m m issio n ; a n d
WHEREAS, S e ctio n 25 2 .3 8 , F lo rid a S ta tute s , pro v id e s th a t th e du ra ti o n of ea c h S ta te of
E m e rg e n c y de cl a re d lo ca lly is lim ite d 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 increm ents;
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
C ity of M ia mi Beach, for four (4) addition al 7-day increm ents, which would commence on March
2 6 , 2 0 2 0 , an d e n d o n A p ril 23 , 20 2 0 ; an d
WHEREAS, o n A p ril 2 , 20 2 0 , a n d pursuant to Resolution No. 2020-31219, the City
M a n a g e r ex te n d e d th e D e cl a ra tion of a State of Emergency for an additional period of seven (7)
da y s, co m m e n c in g o n Ap ril 3, 20 2 0 , a n d e n d in g o n A p ril 9 , 2 0 2 0 ; a n d
WHEREAS, o n April 9, 2020, the City Manager extended the Declaration of a State of
E mergency for an additional period of seven (7) days, commencing on April 10, 2020, and ending
o n Ap ri l 16 , 2 0 2 0; a n d
WHEREAS, o n Ap ril 16 , 20 2 0, th e C ity M a n a g e r ex te n d e d th e 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
a d d itio n a l pe rio d of se ve n (7 ) days, commencing on April 24, 2020, and ending on April 30, 2020,
to address the COVID-19 pan demic and protect the public health, safety and welfare of the people
of th e C ity of Miami Beach, the findings of which are hereby incorporated by reference; and
WHEREAS, R e so lu tio n N o . 2 0 2 0 -3 12 4 5 fur th er au th o riz e d th e C ity M a nager to extend
th e D e c la ra tio n of a S ta te of E m e rg e n cy in th e C ity of M ia m i B e a c h , o n A p ril 30 , 2 0 2 0 , fo r a n
ad di ti on al 7-d a y incr em en t, w h ic h w o u ld co m m e n c e o n M a y 1, 2 0 2 0 , a n d e n d o n M a y 7 , 2 0 2 0 ;
a n d
WHEREAS, o n A p ril 3 0 , 2 0 2 0 , th e C ity M a n a g e r ex te n d e d th e D e c la ratio n of a S ta te o f
E m e rg e n c y fo r a n a d d itio n a l pe rio d o f se v e n (7 ) da y s, co m m e n ci n g o n M a y 1, 20 2 0 , a n d e n d in g
o n M a y 7, 2 0 2 0 ; a n d
WHEREAS, o n M a y 1, 20 2 0 , th e M a y o r a n d C ity C o m m iss io n a d o p te d R e so lu tio n N o .
2 0 2 0 -3 12 4 6, an d a u th o riz e d th e C ity M a n a g e r to ex te n d th e D e cl a ra tio n of a S tate of E m e rg e n c y
in th e C ity of M ia m i B e a c h , fo r an a d di ti o n al 7-d a y in cr em en t, w h ic h w o u ld co m m e n ce o n M a y 8 ,
2 0 2 0 , a n d e n d o n M a y 14 , 20 2 0 , to a d d re ss th e C O VI D -19 pan d e mi c a n d pro te ct the pu b lic he a lth ,
sa fety a n d w e lfa re o f the pe o p le o f th e C ity of M ia m i B e a c h , th e fi n d in g s of w h ic h a re he re b y
in c o rpo rate d by re fe re n c e ; a n d
6
W HER EA S, 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
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to strict co m p lia n ce w ith so ci a l dista n cin g gu id e lin e s in E O 23 -2 0 , and the ad d itio n a l re q u irem e nts
s e t fo rt h in the C ity's O rde r; an d
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
an 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
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;
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• A m e nd m e nt N o . 5 , da te d Ju ne 30 , 20 2 0 , to E m e rge ncy O rde r 23 -2 0 , clo sing
re s t a u r a n t s a n d o t h e r fo o d s e r v ic e e s t a b lis h m e n ts fo r on-pre m ise s din in g
b e tw e e n 1 2 :0 1 a .m . a n d 6 :0 0 a .m . e a c h d a y ;
• A m e n d m e n t N o . 1 , d at e d J u n e 3 0 , 2 0 2 0 , to E m e r g e n c y O r d e r 2 5 -2 0 , im p o s in g
r e s t r ic tio n s o n th e o p e r a t io n o f h o t e l p o o ls ;
• A m e n d m e n t N o . 1 , d a t e d J u ly 2 , 2 0 2 0 , to E m e r g e n c y O r d e r 2 0 -2 0 , r e q u ir in g
a ll p e r s o n s th ro u g h o u t M ia m i-D a d e C o u n t y to w e a r a m a s k o r o t h e r fa c ia l
c o v e r in g w h e n in p u b lic , s u b je c t to c e rt a in e x c e p t io n s ;
• E m e r g e n c y O r d e r 2 6 -2 0 , c lo s in g a ll m o v ie th e a t e r s , c o n c e rt h o u s e s ,
a u d it o r iu m s , p la y h o u s e s , b o w li n g a lle y s , a r c a d e s , in d o o r a m u s e m e n t f a c ilit ie s ,
a n d c a s in o s ;
• E m e r g e n c y O r d e r 2 7 -2 0 , im p o s in g a c u rf e w th ro u g h o u t M ia m i-D a d e C o u n t y ,
e ff e c t iv e fr o m 1 0 :0 0 p .m . e a c h n ig h t th ro u g h 6 :0 0 a .m . th e n e x t m o rn in g ;
• A m e n d m e n t N o. 1 , d at e d J u ly 3 , 2 0 2 0 , to E m e r g e n c y O r d e r 2 6 -2 0 , o r d e r in g
th e c lo s u r e o f o u t d o o r a m u s e m e n t f a c ilit ie s , a d u lt th e a t e r s , s p e c ia l c a b a r e t s ,
a n d u n lic e n s e d m a s s a g e e s t a b lis h m e n t s ; a n d
• A m e n d m e n t N o . 2 , d a t e d J u ly 7 , 2 0 2 0 , to E m e r g e n c y O r d e r 2 6 -2 0 , c lo s in g
b a n q u e t h a ll s a n d b a ll r o o m s ; r e q u ir in g m a s k s o r f a ci a l c o v e r in g s to b e w o rn
in s id e g y m s a n d fit n e s s c e n t e r s ; lim it in g r e s t a u r a n t s a n d c a f e t e r ia s to o u t d o o r
s e rv ic e o n ly fo r o n -s it e c o n s u m p t io n b e tw e e n th e h o u r s o f 6 :0 0 a .m . a n d 1 0 :0 0
p .m . e a c h d a y , a n d r e q u ir in g th a t o u t d o o r o n -p r e m is e s s e rv ic e c e a s e a t 1 0 :0 0
p .m .; a n d im p o s in g o c c u p a n c y r e s t r ic t io n s o n s h o rt -t e r m v a c a t io n r e n t a ls , a n d
p ro h ib it in g n e w r e n t a l a g r e e m e n t s e n t e re d in t o e x c e p t o n a m o n t h ly b a s is ; a n d
W H E R E A S , 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
W H E R E A S , 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
W H E R E A S , 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
9
in cre m e nts, co m m e n ci ng at 12 :0 0 a .m . on A ug u st 6, 20 2 0 , an d e nd in g 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 moved the State of Florida into Phase 3 of its
reopening plan, requiring local governments to provide an economic impact analysis on the
10
restaurant industry and explanation of why limits are necessary for public health if the local
g o v e rn m e n t in te n d s to reduce capacity below 100 percent, and requiring all other businesses to
o p e n a s p a rt o f P h a s e 3 ; a n d
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
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, on October 14, 2020, the Mayor and City Commission adopted Resolution
No. 2020-31463, authorizing the City Manager to extend the Declaration for an additional seven
(7) days, commencing at 12:00 a.m. on October 15, 2020, and ending at 11:59 p.m. on October
21, 2020, and further authorizing the City Manager to extend the Declaration 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, on October 14, 2020, and pursuant to Resolution No. 2020-31463, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on October 15, 2020, and ending on October 21, 2020; and
WHEREAS, on October 21, 2020, and pursuant to Resolution No. 2020-31463, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on October 22, 2020, and ending on October 28, 2020; and
WHEREAS, on October 28, 2020, and pursuant to Resolution No. 2020-31463, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on October 29, 2020, and ending on November 4, 2020; and
WHEREAS, on November 4, 2020, and pursuant to Resolution No. 2020-31463, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on November 5, 2020, and ending on November 11, 2020; and
WHEREAS, on November 11, 2020, and pursuant to Resolution No. 2020-31463, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on November 12, 2020, and ending on November 18, 2020; and
WHEREAS, on November 18, 2020, the Mayor and City Commission adopted Resolution
No. 2020-31506, authorizing the City Manager to extend the Declaration for an additional seven
(7) days, commencing at 12:00 a.m. on November 19, 2020, and ending at 11:59 p.m. on
11
N o ve m b e r 25 , 20 2 0 , an d furt he r au tho rizing the C ity M a n a g e r to exte nd the D e cla ratio n fo r tw o
(2 ) a d d it io n a l 7 -d a y in cre m e nts, w hich w o u ld co m m e n ce at 12 :0 0 a.m . on N o ve m b e r 26 , 202 0 ,
a n d e n d a t 1 1 :5 9 p .m . o n D e c e m b e r 9 , 2 0 2 0 ; a n d
WHEREAS, on November 18, 2020, and pursuant to Resolution No. 2020-31506, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on November 19, 2020, and ending on November 25, 2020; and
WHEREAS, on November 25, 2020, and pursuant to Resolution No. 2020-31506, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on November 26, 2020, and ending on December 2, 2020; and
WHEREAS, on December 2, 2020, and pursuant to Resolution No. 2020-31506, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on December 3, 2020, and ending on December 9, 2020; and
WHEREAS, on December 9, 2020, the Mayor and City Commission adopted Resolution
No. 2020-31529, authorizing the City Manager to extend the Declaration for an additional seven
(7) days, commencing at 12:00 a.m. on December 10, 2020, and ending at 11:59 p.m. on
December 16, 2020, and further authorizing the City Manager to extend the Declaration for four
(4) additional 7-day increments, which would commence at 12:00 a.m. on December 17, 2020,
and end at 11:59 p.m. on January 13, 2021; and
WHEREAS, on December 9, 2020, and pursuant to Resolution No. 2020-31529, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on December 10, 2020, and ending on December 16, 2020; and
WHEREAS, on December 16, 2020, and pursuant to Resolution No. 2020-31529, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on December 17, 2020, and ending on December 23, 2020; and
WHEREAS, on December 23, 2020, and pursuant to Resolution No. 2020-31529, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on December 24, 2020, and ending on December 30, 2020; and
WHEREAS, on December 30, 2020, and pursuant to Resolution No. 2020-31529, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on December 31, 2020, and ending on January 6, 2021; and
WHEREAS, on January 6, 2021, and pursuant to Resolution No. 2020-31529, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on January 7, 2021, and ending on January 13, 2021; and
WHEREAS, on January 13, 2021, the Mayor and City Commission adopted Resolution
No. 2021-31558, authorizing the City Manager to extend the Declaration for an additional seven
(7) days, commencing at 12:00 a.m. on January 14, 2021, and ending at 11:59 p.m. on January
20, 2021, 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 January 21, 2021, and end
at 11:59 p.m. on February 10, 2021; and
12
W HEREAS, on January 13, 2021, and pursuant to Resolution No. 2020-31558, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on January 14, 2021, and ending on January 20, 2021; and
WHEREAS, on January 20, 2021, and pursuant to Resolution No. 2020-31558, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on January 21, 2021, and ending on January 27, 2021; and
WHEREAS, on January 27, 2021, and pursuant to Resolution No. 2020-31558, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on January 28, 2021, and ending on February 3, 2021; and
WHEREAS, on February 3, 2021, and pursuant to Resolution No. 2020-31558, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on February 4, 2021, and ending on February 10, 2021; and
WHEREAS, on February 10, 2021, the Mayor and City Commission adopted Resolution
No. 2021-31598, authorizing the City Manager to extend the Declaration for an additional seven
(7) days, commencing at 12:00 a.m. on February 11, 2021, and ending at 11:59 p.m. on February
17, 2021, and further authorizing the City Manager to extend the Declaration for four (4) additional
7-day increments, which would commence at 12:00 a.m. on February 18, 2021, and end at 11:59
p.m. on March 17, 2021; and
WHEREAS, on February 10, 2021, and pursuant to Resolution No. 2021-31598, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on February 11, 2021, and ending on February 17, 2021; and
WHEREAS, on February 17, 2021, and pursuant to Resolution No. 2021-31598, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on February 18, 2021, and ending on February 24, 2021; and
WHEREAS, on February 24, 2021, and pursuant to Resolution No. 2021-31598, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on February 25, 2021, and ending on March 3, 2021; and
WHEREAS, on March 3, 2021, and pursuant to Resolution No. 2021-31598, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on March 4, 2021, and ending on March 10, 2021; and
WHEREAS, on March 10, 2021, and pursuant to Resolution No. 2021-31598, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on March 11, 2021, and ending on March 17, 2021; and
WHEREAS, on March 17, 2021, the Mayor and City Commission adopted Resolution No.
2021-31651, authorizing the City Manager to extend the Declaration for an additional seven (7)
days, commencing at 12:00 a.m. on March 18, 2021, and ending at 11:59 p.m. on March 24,
2021, and further authorizing the City Manager to extend the Declaration for four (4) additional 7-
day increments, which would commence at 12:00 a.m. on March 25, 2021, and end at 11:59 p.m.
on April 21, 2021; and
WHEREAS, on March 17, 2021, and pursuant to Resolution No. 2021-31651, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on March 18, 2021, and ending on March 24, 2021; and
13
W HEREAS, on March 24, 2021, and pursuant to Resolution No. 2021-31651, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on March 25, 2021, and ending on March 31, 2021; and
WHEREAS, on March 31, 2021, and pursuant to Resolution No. 2021-31651, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on April 1, 2021, and ending on April 7, 2021; and
WHEREAS, on April 7, 2021, and pursuant to Resolution No. 2021-31651, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on April 8, 2021, and ending on April 14, 2021; and
WHEREAS, on April 14, 2021, and pursuant to Resolution No. 2021-31651, the City
Manager extended the Declaration of a State of Emergency for an additional seven (7) days,
commencing on April 15, 2021, and ending on April 21, 2021; 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 April 22, 2021, and end on April 28, 2021; 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 two (2) additional 7-day increments, which would commence at 12:00 a.m. on April 29, 2021,
and end at 11:59 p.m. on May 12, 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, on March 20, 2020, the Florida Governor issued Executive Order 20-69,
which (i) suspended 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 expired on November 1, 2020; and
WHEREAS, on October 28, 2020, the Mayor and City Commission adopted Resolution
No. 2020-31474, making certain legislative findings concerning the COVID-19 public health
emergency, and adopting a policy for attendance at public meetings. Specifically, the Resolution
provides as follows:
14
(1) The City's advisory boards and committees, as well as the City's Charter Officers
(City Manager, City Attorney, City Clerk, and Inspector General) and their staff,
shall continue to meet virtually;
(2) Commencing Novem ber 1, 2020, the City Commission and Land Use Boards shall
m a in ta in a ph y sic a lly -p re se n t q u o rum at m e e tin g s re q u irin g actio n , w ith re maining
C ity C o m m issio n e rs a n d La n d U se B o a rd members who are not physically present
to pa rt ic ip a te virt u a lly, du e to the ex tra o rd in a ry circu m s ta n c e s pre se n te d by th e
cu rre n t pu b lic he a lth e m e rg e n c y ;
(3 ) A n y a p p lic a b le re q u ire m e n ts w ith in th e C ity C h a rt e r, C o d e of O rd in a n c e s ,
R e so lu tio n s , o r oth e r C ity po lic y th a t m a y re q u ire th e ph y sica l pre se n c e of
q u o ru m /bo a rd m e m b e rs o r C h a rt e r off ic e rs/sta ff at pu b lic m e e tin g s are he re b y
w a iv e d ; an d
( 4 ) A ll virt ua l m e e tin g s/p a rt ic ip a tio n sh a ll co n tin u e to be co m p lia n t w ith th e F lo rid a
C o n stitutio n a n d F lo rid a 's G o v e rn m e nt in the S u n sh in e La w , at C h a p te r 28 6 ,
F lo rid a S ta tute s .
A co p y of R e so lu tio n N o . 20 2 0 -3 14 7 4 is att a ch e d to th is D e cl a ra tio n an d in c o rpo rate d
he re in a s E xh i bi t "A"; and
WHEREAS, in D e c e m b e r 2 0 2 0 , th e F o o d a n d D ru g A d m in istra tio n g ra n te d e m e rg e n c y
use a u th o riz a tio n s fo r th e P fi z er -Bi o N T e ch an d M o d e rn a m R N A co ro n a v irus va ccin e s a n d , sin c e
the n , d istrib u tio n of th e se va cc in e s ha s be g u n ; an d
WHEREAS, "h er d im m un i t y," als o kn o w n as "p op ul at ion imm un i ty," is th e in d ire ct
pro te ctio n fr o m an in fe ctio u s dise a se th a t ha p p e n s w h e n a po p u la tio n is im m u n e eith e r th ro u g h
va cc in a tio n o r im m u n ity de v e lo p e d th ro u g h pre v io u s in fe ctio n ; a n d
WHEREAS, th e W o rld H e a lth O rg a n iz a tio n (W H O ) "su p p o rt s a c h ie v in g 'h e rd im m u n ity '
th ro u g h va c cin a tio n , no t by a llo w in g a d is e a se to sp re a d th ro u g h a n y se g m e n t of th e po p u la tio n ,
as th is w o ul d re su lt in un n e ce ssa ry ca se s an d de a th s"; and
WHEREAS, a cco rd in g to the W H O , "to sa fe ly a c h ie v e he rd im m u n ity a g ai nst C O VI D -19,
a su b sta n tia l p ro p o rt io n of a po p u la tio n w o u ld ne e d to be va c ci n a te d , lo w e rin g th e ov e ra ll am o u n t
of virus a b le to sp re a d in th e whole pop ulation"; an d
WHEREAS, un til "h e rd immunity" or "population immunity" is achieved through
w id e sp re a d va c cin a tio n , so c ia l d ista n ci n g , m a sk in g , an d oth e r m e a su re s m u st re main in place to
co n tro l th e sp re a d of C O VI D -19; and
WHEREAS, sh o u ld th e cu rre n tly sch e d u le d m e e tin g s of th e M a y o r an d C ity C o m m issio n
be ca n c e le d o r re sch e d u le d to a su b se q u e n t da te , th e C ity M a n a g e r sh a ll ca ll a sp e c ia l
em e rg e n c y m e e tin g of the C ity C o m m iss io n , pu rsu a n t to S e ctio n 2 .0 4 o f th e C ity C ha rt e r, fo r th e
ex p re s s pu rp o se of te rm in a tin g o r co n tin u in g to exte n d th e D e cl a ra tio n of a S ta te of E m e rg e n c y .
NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MA VOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, a s fo llo w s :
1. T h e C ity M a n a g e r is he re b y a u th o riz e d to exte n d th e D e cl a ra tio n of a S ta te of
E m e rg e n c y in the C ity of M ia m i B e a c h to ad d re ss th e C O VID-19 pan demic; said
15
exte n sio n fo r an add itio na l pe rio d of se ve n (7 ) da ys, com m e n cin g at 12 :0 0 a.m . on
A p r il 2 2 , 2 0 2 1 , a n d e n d in g a t 1 1 :5 9 p .m . o n A p r il 2 8 , 2 0 2 1 .
2 . T h e C it y M a n a g e r is f u rt h e r a u t h o r iz e d to e x te n d th e D e c la r a t io n o f a S ta t e o f
E m e r g e n c y in th e C it y o f M ia m i B e a c h fo r tw o (2 ) a d di ti on al 7 -d a y in cr em e n t s, w h ic h
w o u ld c o m m e n c e a t 1 2 :0 0 a .m . o n A p r il 2 9 , 2 0 2 1 , a n d e n d a t 1 1 :5 9 p .m . o n M a y 1 2,
2 0 2 1 .
3 . T h e s c o p e o f a n y e m e r g e n c y m e a s u r e s o r d e r e d b y th e C it y M a n a g e r p u r s u a n t to th e
D e c la r a t io n o f a S t a t e o f E m e r g e n c y s h a ll , c o n s is t e n t w it h a ll p r io r e m e r g e n c y
m e a s u r e s im p o s e d b y th e C it y M a n a g e r to d a t e , b e lim it e d to r e s p o n d to im m e d ia t e
th r e a t s p o s e d b y th e C O VI D -1 9 p an d em i c. F u rt h e r , n o e m e r g e n c y a c t io n ta k e n b y th e
C it y M a n a g e r s h a ll b e b in d in g o n th e C it y C o m m is s io n b e y o n d th e p e r io d o f th e
C O VI D -1 9 St a t e o f E m e r g e n c y , o r o t h e rw is e lim it th e a b il it y o f th e C it y C o m m issio n to
u n d o a n y a c tio n o f th e C it y M a n a g e r , w h e t h e r c o n t r a c tu a ll y o r le g is la t iv e ly .
4 . T h e C it y C o m m is s io n m a y , a t a d u ly -n o t ic e d C it y C o m m is s io n m e e t in g , d e t e r m in e
w h e t h e r th e th e n -c u r r e n t e x te n s io n o f th e D e c la r a t io n o f a S t a t e o f E m e r g e n c y s h o u ld
b e r e s c in d e d , o r w h e t h e r a n y f u rt h e r e x t e n s io n s a r e w a r r a n t e d . S h o u ld th e c u r r e n t ly
s c h e d u le d m e e t in g s o f th e M a y o r a n d C it y C o m m is s io n b e c a n c e le d o r r e s c h e d u le d
to a s u b s e q u e n t d a t e , th e C it y M a n a g e r s h a ll c a ll a s p e c ia l e m e r g e n c y m e e t in g o f th e
C it y C o m m is s io n , p u r s u a n t to S e c t io n 2 .0 4 o f th e C it y C h a rt e r , fo r th e e x p r e s s p u r p o s e
o f te r m in a t in g o r c o n t in u in g to e x te n d th e D e c la r a t io n o f a S t a t e o f E m e r g e n c y .
5 . T h e C it y M a n a g e r s h a ll b e r e q u ir e d to c a ll a C it y C o m m is s io n m e e t in g p r io r to o r d e r in g
a n y e m e r g e n c y m e a s u r e th a t is m o r e r e s t r ic t iv e th a n th e e m e r g e n c y m e a s u r e s in
e ff e c t a s o f A p r il 2 2 , 2 0 2 1 .
PASSED and ADOPTED this ~day of __._~_r,_' I , 2021.
Ee. Gianado, Cit y clerk
Dan Gelber, Mayor
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION «-z ,
City Attorney )k Date
16