Resolution 2020-31219 RESOLUTION NO. 2020 - 31219
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXTEND THE DURATION OF THE CITY
MANAGER'S DECLARATION OF A STATE OF EMERGENCY IN
THE CITY OF MIAMI BEACH TO ADDRESS THE COVID-19
PANDEMIC; SUCH EXTENSION FOR AN ADDITIONAL PERIOD
OF SEVEN (7) DAYS, COMMENCING ON MARCH 19, 2020,
ENDING ON MARCH 26, 2020; AND, ON MARCH 26, 2020,
AUTHORIZING 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; PROVIDED FURTHER, THAT THE
SUBJECT DECLARATIONS OF EMERGENCY MAY BE
TERMINABLE BY THE CITY COMMISSION IN ACCORDANCE
WITH THE PROVISIONS OF THIS RESOLUTION.
WHEREAS, a new and significant outbreak of Coronavirus Disease 2019 emerged from
China in late 2019; and
WHEREAS, the Coronavirus Disease 2019 ("COVID-19") is a severe and acute
respiratory illness that can spread amongst persons by respiratory transmission and presents
with symptoms similar to those of influenza; and
WHEREAS, the World Health Organization has declared COVID-19 to be a Public
Health Emergency of International Concern and, on Wednesday, March 11, 2020, the World
Health Organization declared the rapidly spreading COVID-19 disease a worldwide pandemic,
which will likely spread to all countries around the world; and
WHEREAS, Florida Governor Ron DeSantis issued an Executive Order on March 1,
2020, directing the Surgeon General of the State of Florida to issue a public health emergency
and, in response to the pandemic outbreak of COVID-19, Governor DeSantis declared a State
of Emergency on March 9, 2020, based upon its impact to the State of Florida; and
WHEREAS, COVID-19 has impacted one-hundred and twenty-seven (127) countries
around the globe, and these countries have reported that approximately 174,134 individuals
have contracted COVID-19, with nearly 6,684 people having died from this disease; and
WHEREAS, Miami-Dade County Mayor Carlos Gimenez declared a State of Emergency
for Miami-Dade County on March 11, 2020, and, among other measures taken, suspended the
operation of the Miami-Dade County Youth Fair, the Miami Open tennis tournament, the MIA 5K
run, and all major events at the American Airlines Arena, including similar activities and events;
and
WHEREAS, to control the spread of COVID-19 and mitigate its effects, Section 26-31 of
the City Code authorizes the City Manager to determine there exists an imminent threat to
public peace or order and to the general welfare of the City exists, and to declare a State of
Emergency and impose certain discretionary emergency measures to protect the public health,
safety and welfare of the residents and visitors to the City of Miami Beach; and
WHEREAS, the City Manager has determined that, pursuant to Section 26-31, such
State of Emergency exists in the City and, on March 12, 2020, issued a Declaration of a State of
Emergency in the City of Miami Beach; and
WHEREAS, the City Manager is authorized, pursuant to Section 26-33 of the City Code
and Chapter 252 of the Florida Statutes, to order and promulgate any (or all) of those
discretionary emergency measures, in whole or in part, 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, notwithstanding the preceding, Section 252.38 of the 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 Mayor and City Commission of the City of Miami Beach, at a specially
held session on March 13, 2020, unanimously passed and adopted Resolution No. 2020-31192,
expressly authorizing the City Manager to extend the duration of the Declaration of a State of
Emergency (and those discretionary emergency measures implemented, or to be implemented,
thereto) for a period of seven (7) days, commencing on March 12, 2020, and ending on March
19, 2020, to address the COVID-19 pandemic, and in order to protect the public health, safety
and welfare; and
WHEREAS, the City Manager hereby requests that the City Commission grant him the
authority to extend the Declaration of a State of Emergency in the City of Miami Beach (to
continue to implement any current or future discretionary emergency measures) in accordance
with the extended time period provided under Florida law; and
WHEREAS, the City Manager hereby requests that the Mayor and City Commission
approve the continuation of the Declaration of a State of Emergency in the City of Miami Beach,
for a period of seven (7) days, commencing on March 19, 2020, and ending on March 26, 2020;
and
WHEREAS, the City Manager hereby further requests that the City Commission
authorize him, (which authorization shall commence on March 26, 2020) 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, the Mayor and City Commission hereby acknowledges and consents to the
aforestated 7-day incremental extensions, subject to the City Commission's right to periodically
review and, if deemed necessary by the body, terminate the Declaration; and
2
WHEREAS, accordingly, prior to April 23, 2020, should the Mayor or any Commissioner
make a request to the City Manager to re-visit the term of the Declaration of a State of
Emergency (including, without limitation, terminating the Declaration) prior to its normal
expiration on April 23, 2020, then the Mayor or any City Commissioner shall notify the City
Manager or such intent, via email, and the City Manager shall promptly call a special meeting of
the City Commission, pursuant to Section 2.04 of the City Charter.
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 on March 19,
2020, and ending on March 26, 2020.
2. The City Manager is further authorized to continue to extend the Declaration of a
State of Emergency in the City of Miami Beach, on March 26, 2020, for four (4)
additional 7-day increments, which would commence on March 26, 2020, and end on
April 23, 2020.
3. Notwithstanding the preceding sections, should the Mayor or any City Commissioner
deem it necessary to review the extension(s) granted herein, including to consider
termination of such extension(s), then the Mayor or any City Commissioner shall
notify the City Manager, via e-mail and, upon receipt of such notice, the City
Manager shall promptly call a special meeting of the City Commission, pursuant to
Section 2.04 of the City Charter, for the express purpose of discussing same.
PASSED and ADOPTED this 3 day of NOM , 2020.
ATTEST:
Dan Gelber, Mayor
31q 7s#1-12j
. Granado, City Clerk
\�` 11 APPROVED AS TO
=�'�• phi FORM &LANGUAGE
FO' E UTION
• 'x•'
!NcORPOR?,�cD: 13fc20
s,✓, < City Attorney "- Date
...� I' -
.......• ''� t_
ryi 11 i'`./ 2(�1' '� ,;
`•�'` LJ
3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber
Members of the City Commission
Jimmy L. Morales, City Manager r _�
FROM: Raul J. Aguila, City Attorne � )
DATE: March 18, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXTEND
THE DURATION OF THE DECLARATION OF A STATE OF EMERGENCY IN
THE CITY OF MIAMI BEACH TO ADDRESS THE COVID-19 PANDEMIC,
BEYOND THE 72-HOUR TIME PERIOD SET FORTH IN SECTION 26-35 OF THE
CITY CODE,AND BEYOND THE 7-DAY PERIOD SET FORTH IN CHAPTER 252
OF THE FLORIDA STATUTES; SUCH EXTENSION FOR AN ADDITIONAL
PERIOD OF SEVEN (7) DAYS, COMMENCING ON MARCH 19, 2020, AND
ENDING ON MARCH 26, 2020; AND, ON MARCH 26, 2020, 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 ON MARCH
26, 2020, AND END ON APRIL 23, 2020; AND PROVIDED FURTHER, THAT
THE SUBJECT DECLARATION OF EMERGENCY SHALL BE TERMINABLE
BY THE CITY COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF
THIS RESOLUTION.
Please see the attached, amended Resolution requesting authorization from the Mayor
and City Commission to extend the duration of the Declaration of a State of Emergency
in the City of Miami Beach, in order to continue to address the COVID-19 pandemic.
The Resolution provides that the Declaration of a State of Emergency shall be extended
for a period of seven (7) days, commencing on March 19, 2020, and ending on March 26,
2020; and further provides that the City Manager shall be authorized to continue to extend
the Declaration of a State of Emergency for four (4) additional 7-day increments, which
would commence on March 26, 2020, and end on April 23, 2020.
The substantive change in this Resolution allows the Mayor and City Commission
to determine, at its regularly scheduled meeting on April 22, 2020, whether the
Declaration of a State of Emergency should be continued or terminated. In the
event that the April 22, 2020 City Commission is cancelled or rescheduled to a later
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.
This amended Resolution replaces and supersedes the Resolution in Addendum Material
1 to the March 18, 2020 City Commission Agenda.
2
Agenda Item R7i<
Date 3-13-2.0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila,City Attorney
DATE: March 18,2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXTEND THE DURATION OF THE DECLARATION OF A STATE OF
EMERGENCY IN THE CITY OF MIAMI BEACH(INCLUDING,WITHOUT LIMITATION,ANY DISCRETIONARY
EMERGENCY MEASURES THAT THE MANAGER DEEMS NECESSARY TO ADDRESS THE COVID-19
PANDEMIC), BEYOND THE 72-HOUR TIME PERIOD SET FORTH IN SECTION 26-35 OF THE CITY CODE,
AND BEYOND THE 7-DAY PERIOD SET FORTH IN CHAPTER 252 OF THE FLORIDA STATUTES; SUCH
EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN(7)DAYS,COMMENCING ON MARCH 19,2020,AND
ENDING ON MARCH 26,2020;AND, ON MARCH 26, 2020, FURTHER AUTHORIZING THE CITY MANAGER
TO AUTOMATICALLY EXTEND THE DECLARATION OF A STATE OF EMERGENCY IN THE CITY OF MIAMI
BEACH, IN 7-DAY INCREMENTS, AS THE CITY MANAGER DEEMS NECESSARY TO PROTECT THE
PUBLIC HEALTH,SAFETYAND WELFARE,UNTIL SUCH TIME THAT THE MAYOR AND CITY COMMISSION
FORMALLY WITHDRAW THE AUTHORIZATION.
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
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
o Resolution