Resolution 2021-31598RESOLUTION NO. 2021-31598
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 FEBRUARY 10, 2021, SUCH
EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7)
DAYS, COMMENCING AT 12:00 A.M. ON FEBRUARY 11, 2021,
AND ENDING AT 11:59 P.M. ON FEBRUARY 17, 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
FEBRUARY 18, 2021, AND END AT 11:59 P.M. ON MARCH 17,
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 FEBRUARY 11, 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 COVI D-19; and
WHEREAS, on March 11, 2020, the World Health Organization declared the rapidly
spreading coronavirus outbreak a pandemic; and
W H E R E A S , 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; and
WHEREAS, on March 13, 2020, the Mayor and City Commission of the City of Miami
Beach unanimously adopted Resolution No. 2020-31192, authorizing the City Manager to extend
the duration of the Declaration of a State of Emergency and implement discretionary emergency
measures for an additional period of seven (7) days, commencing on March 12, 2020, and ending
on March 19, 2020, to address the COVID-19 pandemic and protect the public health, safety and
welfare of the people of the City of Miami Beach, the findings of which are hereby incorporated
by reference; and
WHEREAS, on March 13, 2020, President Trump declared a national emergency due to
COVID-19; and
WHEREAS, on March 18, 2020, the Mayor and City Commission unanimously adopted
Resolution No. 2020-31219, authorizing the City Manager to extend the duration of the
Declaration of a State of Emergency and implement discretionary emergency measures for an
additional period of seven (7) days, commencing on March 19, 2020, and ending on March 26,
2020, to address the COVID-19 pandemic and protect the public health, safety and welfare of the
people of the City of Miami Beach, the findings of which are hereby incorporated by reference;
and
WHEREAS, the rate of infection throughout the world and in the United States has
accelerated rapidly, with more than 100,703,829 confirmed cases worldwide as of January 27,
2021;and
WHEREAS, as the result of the rapid and exponential spread of COVID-19, countries
throughout the world have imposed strict measures limiting travel, and ordering citizens to stay at
home to avoid or minimize the community spread of COVID-19; and
WHEREAS, Dr. Anthony S. Fauci, the Director of the National Institute of Allergy and
Infectious Diseases and the United States government's top infectious disease expert, warned
early during the pandemic that COVID-19 could kill between 100,000 to 200,000 Americans,
despite social distancing measures already taken across the country; and
WHEREAS, as of January 27, 2021, the United States has recorded over 25,565,874
confirmed cases, with more than 428,015 deaths; and
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W H E R E A S , during March and April of 2020, the accelerating infection rate for COVID-19
led at least 42 states (including Florida), and countless local governments, including Miami-Dade
County, to issue orders curtailing mobility and travel, through "Shelter in Place," "Stay at Home,"
or "Safer at Home" orders, in order to minimize contact through social distancing measures and
reduce the risk of COVID-19 infection, with over 316 million Americans subject to such orders as
of April 27, 2020, accounting for over 97% of the country's population; and
WHEREAS, on July 12, 2020, the Florida Department of Health (the "FDOH") reported
15,300 additional cases in Florida, shattering both state and national records for daily new cases
reported since the start of the pandemic; and
WHEREAS, as of January 27, 2021, the FDOH lists 1,676,171 positive cases of COVID-
19 in Florida and 25,833 deaths, with South Florida accounting for approximately 40% of the
state's total number of infections - with 168,653 confirmed cases in Broward County, 103,862
confirmed cases in Palm Beach County, and 364,123 confirmed cases in Miami-Dade County;
and
WHEREAS, as of January 27, 2021, 4,768 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
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W H E R E A S , 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
WHEREAS, 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
establishments within Miami-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, including 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 COVI D-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
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W H E R E A S , 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, on March 23, 2020, Florida Governor Ron Desantis issued Executive Order
No. 20-80, requiring visitors entering the State of Florida through airports from New York, New
Jersey, and Connecticut to isolate or quarantine for a period of 14 days following their arrival in
Florida, in an effort to stop the spread of COVID-19; 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
WHEREAS, 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
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W H E R E A S , 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
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, 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, 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
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
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W H E R E A S , on April 2, 2020, and pursuant to Resolution No. 2020-31219, the City
Manager extended the Declaration of a State of Emergency for an additional period of seven (7)
days, commencing on April 3, 2020, and ending on April 9, 2020; and
WHEREAS, on April 9, 2020, the City Manager extended the Declaration of a State of
Emergency for an additional period of seven (7) days, commencing on Ap ril 10, 2020, and ending
on April 16, 2020; and
WHEREAS, on Ap ril 16, 2020, the City Manager extended the 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
additional period of seven (7) days, commencing on April 24, 2020, and ending on April 30, 2020,
to address the COVID-19 pandemic and protect the public health, safety and welfare of the people
of the City of Miami Beach, the findings of which are hereby incorporated by reference; and
WHEREAS, Resolution No. 2020-31245 further authorized the City Manager to extend
the Declaration of a State of Emergency in the City of Miami Beach, on April 30, 2020, for an
additional 7-day increment, which would commence on May 1, 2020, and end on May 7, 2020;
and
WHEREAS, on April 30, 2020, the City Manager extended the Declaration of a State of
Emergency for an additional period of seven (7) days, commencing on May 1, 2020, and ending
on May 7, 2020; and
WHEREAS, on May 1, 2020, the Mayor and City Commission adopted Resolution No.
2020-31246, and authorized 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 8,
2020, and end on May 14, 2020, to address the COVID-19 pandemic and protect the public health,
safety and welfare of the people of the City of Miami Beach, the findings of which are hereby
incorporated by reference; and
WHEREAS, 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
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W H E R E A S , 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
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 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
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
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W H E R E A S , 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 offive (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;
• Amendment No. 5, dated June 30, 2020, to Emergency Order 23-20, closing
restaurants and other food service establishments for on-premises dining
between 12:01 a.m. and 6:00 a.m. each day;
• Amendment No. 1, dated June 30, 2020, to Emergency Order 25-20, imposing
restrictions on the operation of hotel pools;
• Amendment No. 1, dated July 2, 2020, to Emergency Order 20-20, requiring
all persons throughout Miami-Dade County to wear a mask or other facial
covering when in public, subject to certain exceptions;
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• Emergency Order 26-20, closing all movie theaters, concert houses,
auditoriums, playhouses, bowling alleys, arcades, indoor amusement facilities,
and casinos;
• Emergency Order 27-20, imposing a curfew throughut Miami-Dade County,
effective from 10:00 p.m. each night through 6:00 a.m. the next morning;
• Amendment No. 1, dated July 3, 2020, to Emergency Order 26-20, ordering
the closure of outdoor amusement facilities, adult theaters, special cabarets,
and unlicensed massage establishments; and
• Amendment No. 2, dated July 7, 2020, to Emergency Order 26-20, closing
banquet halls and ballrooms; requiring masks or facial coverings to be worn
inside gyms and fitness centers; limiting restaurants and cafeterias to outdoor
service only for on-site consumption between the hours of 6:00 a.m. and 10:00
p.m. each day, and requiring that outdoor on-premises service cease at 10:00
a.m.; and imposing occupancy restrictions on short-term vacation rentals, and
prohibiting new rental agreements entered into except on a monthly basis; and
WHEREAS, 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
WHEREAS, 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
WHEREAS, 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
increments, commencing at 12:00 a.m. on August 6, 2020, and ending 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
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W H E R E A S , 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 moves the State of Florida into Phase 3 of its
reopening plan, requiring local governments to provide economic impact analysis on the
restaurant industry and explanation of why limits are necessary for public health if the local
government intends to reduce capacity below 100 percent, and requiring all other businesses to
open as part of Phase 3; and
11
W H E R E A S , 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
12
W H E R E A S , 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
November 25, 2020, and further authorizing the City Manager to extend the Declaration for two
(2) additional 7-day increments, which would commence at 12:00 a.m. on November 26, 2020,
and end at 11:59 p.m. on December 9, 2020; and
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
13
W H E R E A S , 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 1 O, 2021; and
WHEREAS, 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 1 O, 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 February 11, 2021, and end on February 17, 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 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, 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
14
W H E R E A S , 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:
(1) The City's advisory boards and commtitees, 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 November 1, 2020, the City Commission and Land Use Boards shall
maintain a physically-present quorum at meetings requiring action, with remaining
City Commissioners and Land Use Board members who are not physically present
to participate virtually, due to the extraordinary circumstances presented by the
current public health emergency;
(3) Any applicable requirements within the City Charter, Code of Ordinances,
Resolutions, or other City policy that may require the physical presence of
quorum/board members or Charter officers/staff at public meetings are hereby
waived; and
(4) All virtual meetings/participation shall continue to be compliant with the Florida
Constitution and Florida's Government in the Sunshine Law, at Chapter 286,
Florida Statutes.
A copy of Resolution No. 2020-31474 is attached to this Declaration and incorporated
herein as Exhibit "A"; and
WHEREAS, in December 2020, the Food and Drug Administration granted emergency
use authorizations for the Pfizer-BioNTech and Moderna mRNA coronavirus vaccines and, since
then, distribution of these vaccines has begun; and
WHEREAS, "herd immunity," also known as "population immunity," is the indirect
protection from an infectious disease that happens when a population is immune either through
vaccination or immunity developed through previous infection; and
WHEREAS, the World Health Organization (WHO) "supports achieving 'herd immunity'
through vaccination, not by allowing a disease to spread through any segment of the population,
as this would result in unnecessary cases and deaths"; and
WHEREAS, according to the WHO, "to safely achieve herd immunity against COVID-19,
a substantial proportion of a population would need to be vaccinated, lowering the overall amount
of virus able to spread in the whole population"; and
WHEREAS, until "herd immunity" or "population immunity" is achieved through
widespread vaccination, social distancing, masking, and other measures must remain in place to
control the spread of COVID-19; and
15
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.
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
February 11, 2021, and ending at 11:59 p.m. on February 17, 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 February 18, 2021, and end at 11:59 p.m. on March
17, 2021.
3. The scope of any emergency measures ordered by the City Manager pursuant to the
Declaration of a State of Emergency 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. Further, 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.
4. 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.
5. 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 February 11, 2021.
PASSED and ADOPTED this _IV day r (ebury_ ,2021.
I
Rafael E. Granado, City Clerk
Dan Gelber, Mayor
APPROVEDASTOFORMAND
LANGUAGE AND FOR EXECUTION r -z City Attorney ()K Date
16
Resolutions - R7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz, Acting City Attorney
DATE: February 10, 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 FEBRUARY 10, 2021,
SUCH EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7) DAYS,
COMMENCING AT 12:00 A.M. ON FEBRUARY 11, 2021, AND ENDING AT
11.59 P.M. ON FEBRUARY 17, 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 FEBRUARY 18, 2021, AND
END AT 11 :59 P.M. ON MARCH 17, 2021; PROVI OED 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
FEBRUARY 11, 2021.
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
Page 979 of 1252
to co ntin ue to ad d re ss th re a ts a sso cia te d wi th th e co ro n a viru s d is e a se 2 0 1 9 (C O VI D -19")
pa n d e m ic .
O n M ar ch 12, 2 0 2 0, th e C ity M a n a g e r d e cla re d a S ta te o f E m e rg e n c y fo r th e C ity o f M ia m i
B e a ch , o n the b a sis th at th e C O VI D -19 p an d em i c p o s e s a he a lth ris k to th e C ity's re s id e n ts ,
pa rt ic ula rly e ld e rly re sid e nts a n d tho s e wh o are im m u n o s u p p re s s e d o r o th e rwi s e h a ve h ig h ris k
of m e d ica l co n d itio n s (th e "D e cl ar at ion ").
O n M a rch 13 , 2 0 2 0 , th e C ity C o m m is s io n a d o p te d R e s o lu tio n N o . 2 0 2 0 -3 1 1 9 2, a ut h or i zin g th e
C ity M a na g e r to e xt e n d the d u ra tio n o f tho se d is c re tio n a ry e m e rg e n c y m e a s u re s th a t th e C ity
M a n a g e r d e e m e d ne ce ssa ry to ad d re s s th e C O VI D -19 p an d em i c b e yo n d th e 7 2 -ho ur time
period set forth in City Code Section 26-35, for a period of seven (7) days commencing March
12, 2020, and ending on March 19, 2020.
On March 18, 2020, the City Commission adopted Resolution No. 2020-31219, which, in
pertinent part, authorized the City Manager to extend the duration of the Declaration in additional
7-day increments, through April 23, 2020.
On April 22, 2020, the City Commission adopted Resolution No. 2020-31245, authorizing the
City Manager to extend the duration of the Declaration for an additional period of seven (7) days,
commencing on April 24, 2020, and ending on April 30, 2020. The Resolution further authorized
the City Manager to extend the duration of the Declaration on April 30, 2020, for an additional 7-
day increment, which would commence on May 1 , 2020, and end on May 7, 2020.
On May 1, 2020, the City Commission adopted Resolution No. 2020-31246, authorizing the
City Manager to extend the duration of the Declaration for an additional period of seven (7) days,
commencing on May 8, 2020, and ending on May 14, 2020.
On May 13, 2020, the City Commission adopted Resolution No. 2020-31273, authorizing the
City Manager to extend the Declaration 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 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.
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.
On May 28, 2020, the City Commission adopted Resolution No. 2020-31282, authorizing the
City Manager to extend the duration of the Declaration for an additional period of seven (7) days,
commencing on May 30, 2020, and ending on June 5, 2020.
On June 5, 2020, the Mayor and City Commission adopted Resolution No. 2020-31284,
authorizing the City Manager to extend the Declaration for an additional seven (7) days,
commencing on June 6, 2020 and ending on June 12, 2020.
On June 12, 2020, the Mayor and City Commission adopted Resolution No. 2020-32187,
Page 980 of 1252
autho rizi ng the C ity M anage r to ext e nd the D e cla ratio n fo r an ad d itio na l se ve n (7 ) da ys,
co m m e ncing at 12 :0 0 a.m . on Ju ne 13 , 20 2 0 , and end ing at 11.5 9 p.m . on Ju ne 19 , 20 2 0 , and
furthe r autho rizing the C ity M anage r to ext e nd the D e cla ratio n fo r an ad d itio n a l pe rio d of five (5 )
days, co m m e ncing at 12 :0 0 a.m . on Ju ne 20 , 20 2 0 , and ending at 11 :5 9 p .m . o n Jun e 24 , 20 2 0.
O n Ju ne 24 , 20 2 0 , the M ayor and C ity C o m m issio n ado p ted R e so lutio n N o. 20 2 0 -3 13 0 8,
autho rizing the C ity M anage r to ext e nd the D e cla ratio n fo r an ad d itio na l se ve n (7 ) da ys,
co m m encing at 12 :00 a.m . on Ju ne 25 , 20 2 0 , and ending at 11 :59 p.m. on July 1, 2020, and
further authorizing the City Manager to extend the Declaration 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.
On July 17, 2020, the Mayor and City Commission adopted Resolution No. 2020-31312,
authorizing the City Manager to extend the Declaration 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 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.
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 5-day
increments, commencing at 12:00 a.m. on August 6, 2020, and ending at 11 :59 p.m. on
September 16, 2020.
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.
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.
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 November 25,
2020, and further authorizing the City Manager to extend the Declaration for two (2) additional 7-
day increments, which would commence at 12:00 a.m. on November 26, 2020, and end at
11.59 p.m. on December 9, 2020.
Page 981 of 1252
O n D e c em b er 9 , 20 2 0, th e M a y o r an d C ity C o m m is s ic n ad o p te d R e s o lu tio n N o . 2 0 2 0 -3 1 5 2 9,
autho riz in g the C ity M a na g e r to e xt e n d th e D e cl a ratio n fo r a n a d d itio n a l s e v e n (7 ) d a y s ,
c o m m e n c in g at 12 :0 0 a .m . o n D e c em b e r 10, 2 0 2 0 , a n d e n d in g 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.
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.
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 February 11, 2021, and
ending at 11 :59 p.m. on February 17, 2021. In addition, the Resolution authorizes the City
Manager to extend the Declaration for four (4) additional 7-day increments, commencing at
12:00 a.m. on February 18, 2021, and ending at 11:59 p.m. on March 17, 2021 (i.e. the date of
the next regularly scheduled City Commission meeting).
The Resolution further provides that the scope of any emergency measures ordered by the City
Manager pursuant to the Declaration 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. Further, 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.
SUPPORTING SURVEY DATA
n/a
Applicable Area
Not Applicable
ls this a "Residents Right
to Know" item, pursuan t to
City Code Section 2-14?
No
Does this item utilize G.O.
Bond Funds?
No
Strate gic Connecti on
Non-Applicable
Legislative Tracking
Office of City Attorney
Page 982 of 1252
ATTACH M E NTS :
Description
Resolution Extending Declaration of a State of Emergency, COVID-19
Exhibit A: Resolution No. 2020-31474
Page 983 of 1252
RE SOLUTION NO. 2020-31474
A RE SO L U T IO N O F T H E M A Y O R AND C IT Y C O M M ISSIO N O F TH E C IT Y O F
M IA M I B E A C H , F L O RI D A , FUR T HE R A D D RE SSIN G T H E O N G O IN G C O VI D -19
P U B L IC H E A L T H E ME R G E N C Y FO R PURP O SE S O F SA F E G U A RD IN G T H E C ITY 'S
H E AL T H , S A F E T Y AND W E L F A RE AN D SE R VI N G A PU B L IC PU RP O SE IN T HE
B E S T IN T E RE ST O F T H E C IT Y B Y P R O V ID IN G T HA T : 1) T H E C IT Y 'S A D VI SO R Y
B O A RD S AN D C O MM IT T E E S SUBJE C T HE RE IN , A S W ELL A S T H E C IT Y 'S
C H A RT E R O F F IC E R S (C IT Y M A N A G E R, C IT Y A T T O RN E Y , C IT Y C LE RK AN D
IN SP E C T O R G E N E RA L ) A N D T H E IR ST A F F, SH A L L C O N TIN U E TO M E ET
VIR T U AL L Y , C O N SIST E N T W IT H T HE D IC T A T E S ST A T E D IN T H IS R ESO L U T IO N ;
2) C O M M E N C IN G N O VE MB E R 1, 2020, T H E C IT Y C O M M ISSIO N AN D C ITY L AN D
U SE B O ARD S (C O N SIST IN G O F T HE B O ARD O F AD JU ST M E N T , PLANN IN G
B O ARD , D E SIG N RE VI E W B O ARD AND H IST O RI C PRE SE R V A T IO N B O ARD )
S H A L L M AIN T A IN PHY SIC A L L Y -PRE SE N T Q U O R U M S A T ME E T IN G S
RE Q U IRIN G A C T IO N , W IT H RE M A IN IN G C IT Y C O M M ISSIO N AN D L AND U SE
B O ARD M E M B E R S W H O ARE N O T PHY SIC AL L Y P RE SE N T TO PAR TIC IP A T E
VIR T U A L L Y , D U E T O T HE E X T RA O RD IN AR Y C IR C U M ST AN C ES PRE SEN T ED B Y
T H E C URRE N T PU B L IC HE A L T H E ME R G E N C Y ; 3) W A IV E R O F A PPL IC AB L E
RE Q U IRE ME N T S W IT HIN T HE C IT Y 'S C HAR T E R, C O D E O F O RD IN AN C E S,
RE SO L U T IO N S O R O T HE R C ITY PO L IC Y T HA T MA Y RE Q U IRE TH E PH Y SIC AL
P RE SE N C E O F Q U O R UM/B O AR D ME MB E RS O R C HAR T E R O FF IC E RS /ST A FF A T
ANY S A ID P U B L IC M E E T IN G S; 4) A L L V IR T U A L M E E T IN GS /PAR T IC IPA TIO N
S HA L L C O N T IN U E T O B E C O MP L IAN T W IT H T H E F L O RI D A C O N ST IT U T IO N AN D
FL O R ID A 'S G O V E RNM E N T IN T H E SUN SHIN E L A W , C H A PT E R 286 FLO RID A
S T A T U T E S; 5) T H E T E RM S O F T HI S RE SO L U T IO N SHA L L B E IN C O RP O RA TE D
IN T O T H E C IT Y MAN A G E R 'S D E C L ARA T IO N O F E ME R G E N C Y , FO R
IMP L E M E N T A T IO N C O M M E N C IN G N O V E MB E R 1, 2020 A N D C O N T IN U IN G UN T IL
T H E C URRE N T C IT YW ID E ST A T E O F E M E R G E N C Y HA S E N D ED ; AN D
P R O V ID IN G FO R SE V E RA BI L IT Y.
W H E RE A S, following the COVID-19 Statewide Emergency declared by Governor Ron
Desantis on March 9 2020 via Executive Order 20-52, the Miami Beach City Manager declared
on March 12, 2020 a State of Emergency for the City of Miami Beach, which Declaration of
Citywide Emergency has been extended to-date by the City Commission'; and
W HE RE A S, on March 20, 2020, the Governor issued Executive Order No. 20-69 which
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 authorized local government bodies to
conduct meetings remotely, utilizing communications media technology, such as telephonic and
video conferencing meetings; and
1 CMB Resolution No. 2020-31463, adopted by the City Commission on October 14, 2020, extended the
City Manager's Declaration of Emergency to November 18, 2020.
Page 1000 of 1252
WHEREAS, since issuance of the Governor's EO 20-69, the City has conducted all of its
City Commission and Board and Committee meetings remotely, in accordance with the City's
procedural safeguards2 for ensuring full transparency in compliance with the Florida Constitution
and Florida's Government in the Sunshine Law, Chapter 286 Florida Statutes; and
WHEREAS, significantly, of the 310 virtual public meetings conducted by the City since
EO-20-69's issuance, the City has not received any complaints regarding its process for conducting
said meetings; and
WHEREAS, on September 30, 2020, the Governor issued Executive Order No. 20-246,
extending Executive Order 20-69 until 12:01 a.m. on November 1, 2020%; and
WHEREAS, the November 1, 2020 expiration of EO 20-69 presents an imminent health
threat to the City of Miami Beach, as the need to suspend in-person quorum requirements for the
City's public bodies will be no less compelling after November 1, 2020 than as presently exists;
and
WHEREAS, the City remains in a State of Emergency due to the COVID-19 pandemic;
and
WHEREAS, the impact of this health emergency is particularly significant in our tourist
destination and, further, because the City's Boards and Committees are composed in large part
with members of at-risk groups (over age 65 or with pre-existing conditions), or those who live
with at-risk individuals, or who had members that may have been subject to quarantine for
exposure and thus unable to attend in person'; and
WHEREAS, relevant opinions of the State's Attorney General have concluded that a
quorum of a public body must be physically present in order to allow members, who due to
2 Though the m ove to rem ote m eetings requi red chan ges to the City's m eeting practices an d pro ced ur es,
these changes were done consistent w ith the existing laws an d statu tes govern ing public access.
"N O TE: Per Sec tion 2 of EO 20-246: "Thi s order shall not apply to election ca nvassing boards."
4 C ountless C ity board and com m ittee m em bers have info rm ed City personn el that th ey w ill not be attending
in -person m eetin gs post-N ovem ber 1, due to the public health em ergency.
Page 1001 of 1252
"extraordinary circumstances" are unable to physically attend the meeting, to appear and
parti cipate electronically"; and
WHEREAS, the subject relevant Attorney General opinions, however, are expressly based
upon a "conservative interpretation"" of the law that applies exclusively to meeting requirements
for "governing bodies"" such as the City Comm ission, not to City boards or committees; and
WHEREAS, furthermore, the Attorney General's "conservative interpretation" is based
upon "concerns about the validity of official actions taken by a public body when less than a
quorum is present", which concerns have been addressed by the City via its creation and
enforcement of Sunshine Law procedural safeguards for virtual meetings (enacted following the
Governor's authorization for remote meetings in his EO 20-69), with no related
concerns/controversy having been expressed by the public; and
WHEREAS, as such, in his legal analysis of the Sunshine Law and related Constitutional
open governm ent requirements8 as well as statutory requirements applicable to actions of
municipal bodies, the City Attorney has advised the City Comm ission that despite the Attorney
General's opinions advising that a quorum be present in order to conduct remote meetings of all
public boards and comm ittees, these State laws do not expressly prohibit remote electronic
participation for the City's advisory boards and comm ittees'; and
WHEREAS, in accordance with § 252.38, Florida Statutes, the Governor's Executive
Order No. 20-52 authorized the City to waive the procedures and formalities otherwise required
5 The Attorney General's most recent opinion on this issue, issued March I 9, 2020 (immediately prior to
the Governor's EO 20-69), advised that local government bodies could meet remotely, if authorized by
statute or state of emergency declaration, AGO 2020-03.
See, Fla. AGO 2001-66: ... concerns about the validity of official actions taken by a public body when
less than a quorum is present argue for a very conservative reading of the statute"; and Fla. AGO 2010-34:
"For meetings where a quorum is required, this office has consistently suggested a conservative
interpretation of the requirement to ensure the validity of official actions taken by a public body. This office
has concluded that, in the absence of a statute to the contrary, the requisite number of members must be
physically present at a meeting in order to constitute a quorum."
7 Florida Statutes Section 166.041(4): "A majority of the members of the governing body shall constitute a
quorum. An affinnative vote of a majority of a quorum present is necessary to enact any ordinance or adopt
any resolution ...". (Emphasis added.)
8 See, Article I, section 24, Florida Constitution, ensuring a right of access to meetings of collegial public
bodies.
9 All references in this Resolution to the City's "advisory boards and committees" concern those bodies set
forth in the City Code, at subparts A and B, as well as the Mayor's City Commission Committees.
Page 1002 of 1252
of the City by law: "... pertaining to the ... performance of public work and taking whatever
prudent action is necessary to ensure the health, safety, and welfare of the community"""; and
WHEREAS, for reasons directly related to combating effects of the existing public health
emergency including, but not limited to, fostering adequate social distancing, protecting those who
may be at a greater risk for severe effects from COVID-19, and ensuring the continued business
of the City's advisory boards and committees, the City Commission hereby determines that a
public purpose is served and it is in the public interest during this public health emergency to
continue allowing members of the City's advisory boards and committees to attend their public
meetings virtually (by phone or video conferencing) in light of the extraordinary circumstances
presented by the current health emergency, and thus waives any and all applicable requirements
within the City's Charter, Code of Ordinances, Resolutions or other City policy that may require
the physical presence of a quorum and/or board members' physical presence at any said public
meeting''; and
WHEREAS, the above waiver and determination of public purpose served shall apply as
well during this public health emergency to any and all requirements within the City's Charter,
Code of Ordinances, Resolutions or other City policy that may require the physical presence at
public meetings of the Charter Officers (City Manager, City Attorney, City Clerk and Inspector
General) and their staff, as the City Commission finds a public purpose is served and it is in the
public interest to continue allowing their virtual attendance in light of the extraordinary
circumstances presented by the current health emergency, except when otherwise directed by the
City Commission; and
WHEREAS, notwithstanding the above, the City Commission recognizes that unlike the
City's advisory boards, actions taken by the City Commission and the City's Land Use Boards
( consisting of the Board of Adjustment, Planning Board, Design Review Board and Historic
Preservation Board) are binding/non-advisory on City policy and legislation and, as such, the City
Commission determines that it serves the public interest to take a heightened, more conservative12
approach with regard to the issue of "physical presence" at those meetings in order to insulate
Fla. Stat. sec. 252.38(3)(a)5a. See also, AGO 2004-58 in which the Attorney General has seemingly
confirmed the applicability of municipal emergency powers under Florida Statutes Chapter 252 to the
partial waiver of Sunshine Law: "... The waiver of the notice requirements required under the Sunshine
Law is not among those listed, although the statute does recognize the authority of the political subdivision
to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community.
"
' Provisions of law establishing the number of members required to constitute a quorum for each of the
subject boards or committees remain in effect and are unaffected by this Resolution.
? Adoption of this conservative approach is not to be interpreted as concession on the City's part of a legal
requirement for physical presence of City personnel at its public meetings.
Page 1003 of 1252
d ecisio n s m ad e an d fo restal l p o ten ti al le g al ch all en g es, w hi c h ch all en g es can cau se ad d it io n al
disru p tio n s to C ity g o v ernm en t to th o se p resen tl y en c o u n tered b y th e C ity d u e to the public health
emergency; and
W HE RE AS, accordingly, the City Commission deems a public purpose is served and it is
in the public interest to impose stricter requirements (than established above for the City's advisory
boards), by requiring a physically-present quorum at City Commission and Land Use Board
meetings requiring action, while allowing those remaining members who are not physically present
to participate virtually in light of the extraordinary circumstances presented by the current health
emergency; and
WHERE AS, all virtual public meetings of the City of Miami Beach shall remain subject
to, and be otherwise compliant with, the Florida Constitution and Florida's Government in the
Sunshine Law, Chapter 286 Florida Statutes; and
WHERE AS, it is the intent of the City Commission that the terms of this Resolution shall
be incorporated into the City Manager's Declaration of Emergency for implementation
commencing November 1, 2020", and continue until the current Citywide State of Emergency has
ended; and
W HERE AS, if any section, sentence, clause or phrase of this Resolution is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this Resolution.
NOW, THERE FORE , BE IT DULY RE SOLVE D BY THE MA YOR AND CITY
COMMISSION OF THE CITY OF MIA MI BEACH, FLORID A that the Mayor and City
Commission hereby determine that a public purpose is served and it is in the public interest in
order to ensure the health, safety and welfare of our community in the face of the ongoing COVID-
19 public health emergency that: 1) the City's Advisory Boards and Committees subject herein, 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, consistent with the dictates stated
hereinabove; 2) commencing November 1, 2020, the City Commission and City Land Use Boards
( consisting of the Board of Adjustment, Planning Board, Design Review Board and Historic
Preservation Board) shall maintain a physically-present quorum at meetings requiring action, with
remaining City Commission and Land Use Board members who are not physically present to
participate virtually due to the extraordinary circumstances presented by the current health
The November 1 2020 expiration date of the Governor's EO 20-69 is intended as a condition precedent
to this Resolution; in the event EO 20-69 is extended in its entirety beyond November 1, 2020, the terms of
this Resolution shall not take effect on said date, and all public meetings of the City shall continue to be
held virtually with City personnel's remote attendance, consistent with EO 20-69.
Page 1004 of 1252
emergency; 3) the City Commission thus waives any and all applicable requirements within the
City's Charter, Code of Ordinances, Resolutions or other City policy that may require the physical
presence of quorum/board members or Charter Officers/staff at any said public meeting; 4)
providing that all virtual meetings/participation shall continue to be compliant with the Florida
Constitution and Florida's Government in the Sunshine Law, Chapter 286 Florida Statutes; and 5)
the terms of this Resolution shall be incorporated into the City Manager's Declaration of
Emergency, for implementation commencing November 1, 2020 and continue until the current
Citywide State of Emergency has ended.
PASSED an»a ADOPTED is &! day or_Qlobe ,2020.
ATTEST:
#ß.Ads-
CITY CLERK
DAN GELBER
MAYOR
APPROVED AS TO
FOR M & LAN GUAGE
& FOI EXECUTION ...
22l, ¿se
City Attorney
F:\ATTO\AGUR\Comm Meetings\10-28-20\CM Reso-Virtual Public Meeting JO.docx
Page 1005 of 1252
THIS PAGE INTENTIONALLY LEFT BLANK
Resolutions -R7 D
MIAMI BEACH
COMMISSION MEMORANDUM
T O : H on orable M a yor a nd M em bers o f th e C ity C om m ission
F R O M : R au l J. A gu ila, C ity A tt orn ey
D AT E : O cto ber 2 8, 2020
S U B J E C T : A R E S O LU T IO N O F T H E M AY O R A N D C IT Y C O M M IS S IO N O F T H E C IT Y
O F M IA M I B E A C H , FL O R ID A , FU R T H E R A D D R E S S IN G T H E O N G O IN G
C O VI D -19 P U BL I C H E A L T H E M E R G E N C Y FO R P U R P O S E S O F
S A F E G U A R D IN G T H E C IT Y'S H E A LT H , S A F E T Y A N D W E L FA R E A N D
S E R V IN G A P U B LI C P U R P O S E IN T H E B E S T IN T E R E S T O F TH E C IT Y B Y
P R O V ID IN G T H AT: 1) THE C IT Y 'S A D V IS O R Y B O A R D S A N D
C O M M IT T E E S S U B J E C T H E R E IN , A S W E L L A S T H E C IT Y 'S C H A R T E R
O F F IC E R S (C IT Y M A N A G E R , C IT Y AT T O R N E Y, C IT Y C L E R K A N D
IN S P E C T O R G E N E R A L) A N D TH E IR S TA F F , S H A L L C O N T IN U E TO M E E T
V IR T U A LLY, C O N S IS T E N T W IT H T H E D IC TAT E S S TAT E D IN T H IS
R E S O L U T IO N ; 2 ) C O M M E N C IN G N O V E M B E R 1, 2020, TH E C IT Y
C O M M IS S IO N A N D C IT Y LA N D U S E B O A R D S (C O N S IS T IN G O F TH E
B O A R D O F A D J U S T M E N T , P LA N N IN G B O A R D , D E S IG N R E V IE W B O A R D
A N D H IS T O R IC P R E S E R VAT IO N B O A R D ) S H A LL M A IN TA IN
P H Y S IC A LLY-P R E S E N T Q U O R U M S AT M E E T IN G S R E Q U IR IN G A C T IO N ,
W IT H R E M A IN IN G C IT Y C O M M IS S IO N A N D LA N D U S E B O A R D
M E M B E R S W H O A RE N O T P H Y S IC A L LY P R E S E N T T O PA R T IC IP AT E
V IR T U A L LY, D U E TO T H E E X T R A O R D IN A R Y C IR C U M S TA N C E S
P R E S E N T E D B Y T H E C U R R E N T P U B LI C H E A LT H E M E R G E N C Y ; 3)
W A IV E R O F A P P LI C A B L E R E Q U IR E M E N T S W IT H IN T H E C IT Y 'S
C H A R T E R , C O D E O F O R D IN A N C E S , R E S O L U T IO N S O R O T H E R C IT Y
P O LI C Y T H AT M AY R E Q U IR E T H E P H Y S IC A L P R E S E N C E O F
Q U O R U M /B O A R D M E M B E R S O R C H A R T E R O F F IC E R S /S TA F F AT A N Y
S A ID P U B L IC M E E T IN G S ; 4) A LL V IR T U A L M E E T IN G S /PA R T IC IP AT IO N
S H A LL C O N T IN U E TO B E C O M P LI A N T W IT H T H E FL O R ID A
C O N S T IT U T IO N A N D F L O R ID A 'S G O V E R N M E N T IN T H E S U N S H IN E
L A W , C H A P T E R 286 FLO R ID A S TAT U T E S ; 5) T H E T E R M S O F T H IS
R E S O L U T IO N S H A LL B E IN C O R P O R AT E D IN T O TH E C IT Y -M A N A G E R 'S
D E C LA R AT IO N O F E M E R G E N C Y, FO R IM P LE M E N TAT IO N C O M M E N C IN G
N O V E M B E R 1, 2 020 A N D C O N T IN U IN G U N T IL T H E C U R R E N T C IT YW ID E
S TAT E O F E M E R G E N C Y H A S E N D E D ; A N D P R O V I D I N G F O R
S E V E R A B I LI T Y.
RECOMMENDATION
Page 2060681052
See mem orandum attached.
Ap p licab le Ar e a
Not Applicable
ls this a "Residents Ri gh t
to Know" item, pursuant to
City Code Section 2-14?
No
Legislative Tr ack in g
Office of the City Attorney
Doe s this item utili ze G.0,
Bond Funds?
No
AT TA CH ME N TS:
Description
D Virtual Public Hearings
Reso Virtual Public Hearing
Page 240681052
MIAM[BEACH
City of Miami Beach, 1700 Covention Contor Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUB JECT:
Honorable Mayor Dan Gelber and Members of the City Commission
Jimmy Morales, City Manager (-
tesas.2.-' C-
City Attorney
October 28, 2020
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, SETTING FORTH STATEMENTS OF PUBLIC NEED FOR
PURPOSES OF SERVING THE PUBLIC INTEREST DURIN G THE ONGOING
COVID 19 PUilLIC HEALTH EMERGENCY, BY ESTABLISHING POST-
NOVEMBER 1, 2020 STANDARDS AND PROCEDURES FOR ATTE ND AN CE AT
MEETINGS OF THE CITY COMMISSION, CITY COMMISSION COMMITTEES,
AND CITY BOARDS.
As a matter of further addressing the ongoing COVID-19 public health emergency, and for purposes of
safeguarding uninterrupted the City of Miami Beach's health, safety and welfare, the attached Resolution
confronts the imminent threat presented to our community as a result of the upcoming November 1, 2020
deadline by which Governor DeSantis's EO 20-69, authorizing virtual City public meetings with members'
remote attendance, will expire. This Resolution thus expresses the Mayor and City Commission's statements
of public need (including, without limitation, as discussed and expressed at the September 29, 2020
Commission Meeting) to continue said virtual public meetings during this health emergency; thereby
establishing and clarifying the City's post-November 1, 2020 standards and procedures for attendance at
meetings of the City Commission and stated City Boards and Committees, summarized as follows:
• The City Commission and City Land Use Boards (consisting of the Board of Adjustment,
Planning Board, Design Review Board and Historic Preservation Board) shall maintain a
physically-present quorum at meetings requiring action, with remaining City Commission
and Land Use Board members who are not physically present to participate virtually.
• The City's Advisory Boards and Committees subject to this Resolution, including, without
limitation, the City Commission Committee (consisting of the Land Use and Sustainability
Committee; the Finance and Economic Resiliency Committee; and the Neighborhood and
Quality of Life Committee), 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
(except re: Charter Officers, when otherwise directed by the City Commission).
Page 247 o 370
Page 1008 of 1252
• In accordance with authority provided in the Governor's EO 20-52 and Florida statutory
law, the Mayor and City Commission hereby waive, during this public health emergency,
any and all applicable requirements within the City's Charter, Code of Ordinances,
Resolutions or other City policy that may require the physical presence of quorum/board
members or Charter Officers/staff at any said City public meeting.
• All virtual meetings/participation shall be compliant with the Florida Constitution and
Florida's Government in the Sunshine Law, Chapter 286 Florida Statutes.
• The terms of this Resolution shall be incorporated into the City Manager's Declaration of
Emergency for implementation, commencing November 1, 2020, and continue until the
current Citywide State of Emergency has ended.
Finally, it should be noted that in the event the Governor's EO 20-69 is extended in its entirety beyond
November 1, 2020, the terms of this Resolution shall not take effect on said date, and all public meetings of
the City shall thus continue to be held virtually with City personnel's remote attendance, consistent with EO
20-69.
F A A TT O\A G U R C om m M eet in g s\10 -28-20\C M - V irt ual Public Meeting d ocx
Page 248 or 370
Page 1009 of 1252