LTC 089-2022 REMOVAL OF PARKLETS ON FLORIDA DEPARTMENT OF TRANSPORTATION'S (FDOT) RIGHT-OF-WAY089-2022
MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM, Alina T. Hudak. City Manag~
DATE: March 7, 2022
SUBJECT: REMOVAL OF PARKLETS ON FLORIDA DEPARTMENT OF
TRANSPORTATION'S (FDOT) RIGHT-OF-WAY
The purpose of this Letter to Commission is to notify the Mayor and City Commission of
the directive received from the Florida Department of Transportation ("FOOT") to remove
all parklets from FDOT's right-of-way.
The parklets were allowed on FDOT's right-of-way per the Governor's Executive Order
20-52, declaring a state of emergency for the entire State of Florida as a result of the
COVID-19 pandemic. The City of Miami Beach (the "City") obtained a General Use
Permit 2020-K-691-00027 ("FOOT Permit") from FOOT to allow for outdoor seating
expansions on FDOT's right-of-way. Per the FOOT Permit, the City granted Special
Events permits for restaurants to install parklets on FDOT's right-of-way. The FOOT
Permit expired on July 20, 2020. Additionally, the Governor's Executive Order 20-52, as
extended, expired on June 26, 2021.
Therefore, on March 4, 2022, FOOT directed the City to remove all parklets from FDOT's
right-of-way. The parklets must be removed by March 18, 2022. The City is diligently
working on notifying the restaurants of this FOOT directive. The following four (4)
restaurants that will be impacted by this directive:
• 1120 Collins Ave-TEX MEX HOUSE
• 1130 Collins Ave-IL PASTAIOLO
• 1131 Collins Ave-RAKIJA LOUNGE
• 6954 Collins Ave-NEW CAMPO ARGENTINO
Although FOOT does not have a mechanism in place to grant permits for parklets, they
are working to develop a design plan that will include guidelines, specifications, and
regulations for parklets to be able to permit them in the future . Additionally, the City has
shared with FOOT the newly adopted City of Miami Beach Parklet Design Guidelines .
If you have any questions regarding the foregoing, please do not hesitate to contact me
or Otniel Rodriguez at 0tnie1Rodriguez@miamibeachfl.gov.
Attachments:
Exhibit A -Directive to Remove Parklets from FOOT R/W
Exhibit B -Governor's Executive Order 21-94 (Extension of Executive Order 20-52)
Exhibit C -Governor's Executive Order 20-52
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From:
To:
Jett. Elizabeth
Akcay. Firat
EXHIBIT A
Cc:
Subject:
Ferrer. Josie!; Marrero. Renato ; Salazar. Leonard ; Raka. Saurabh ; Hernandez. Ricardo ; Estevez. Albert
Di rective to Remove Parklets from FDOT R/W
Date: Friday, March 4, 2022 4:18:36 PM
I THIS MESSAGE COMES FROM AN EXTERNAL EMAIL -l'SE CAl'TIO;\I \\ HE~
REPLYII\G A 'iD OPE'ff"IG LJ!\KS OR ATTACHME;\ITS I
Good afte rn oon, Firat.
Permits for parklets were granted per the Governor's Executive Order due to the COVID-19
pandemic .
However, permit number 2020-K-691-00027 for parklets in Miami Beach expired on 7-20-2020.
Per field observations this week, parklets were noted in operation in the South Beach area and on
Collins near 65 t h Street.
Please be advised that all Parklets need to be removed from the FOOT R/W , per the District
Secretary's direction confirmed this afternoon .
Please advise the restaurant owners accordingly.
Please note the Department is providing two weeks from the date of this e-mail to comply with
this directive.
Thank you .
Elizabeth Jett, PE
District Permit Engineer
Florida Department of Transportation
District 6 Maintenance Office
1000 NW 111t h Avenue , Miami , FL 33172
Office : (305) 470-5356/Cell : (305) 951-0015
EXHIBIT 8
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 21-94
(Emergency Management -Extension of Executive0rder20-52-COVID-19)
WHEREAS , on March 9, 2020 , I issued Executive Order 20-52, subsequent ly extended ,
declaring a state of emergency for the entire state due to COVID -19 ; and
WHEREAS, no state of emergency declared pursuant to the Florida Emergency
Management Act may continue for more than 60 days unless renewed by the Governor; and
WHEREAS , the impact of COVID-19 poses a continuing threat to the health , safety
and welfare of the State of Florida and its residents; and
WHEREAS , an extension of Executive Order 20-52 , as extended, is necessary to
ensure Florida schools remain open for the remainder of the school year and to protect
Floridians from being required to produce a so -called vaccine passport as a condition of
participating in everyday life; and
WHEREAS , the state continues to implement budgetary response efforts to he lp
Floridians to the greatest extent possible; and
WHEREAS, as Florida recovers and re-launches its economy , I am committed to providing
all available resources to assist Floridians and local communities with their efforts.
NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the
authority vested in me by Article IV , Section I (a) of the Florida Constitution and by the Florida
Emergency Management Act , as amended , and all other applicable laws, promulgate the following
Executive Order, to take immediate effect:
Section l . The state of emergency declared m Executive Order 20-52 , as extended by
Executive Orders 20-114. 20-166 , 20-192. 20-213, 20-276, 20-316 , and 21-45 will be extended for
60 days following the issuance of this order for the entire State of Florida.
Section 2. All actions taken by the Director of the Division of Emergency Management
as the State Coordinating Officer with respect to this emergency before the issuance of this
Executive Order are ratified , and he is directed to continue to execute the State's
Comprehensive Emergency Management Plan and other response. recovery, and mitigation
plans necessary to cope with the emergency.
Section 3. As Florida continues to realize a manageable trend in COVID-19 cases, over
8.5 million vaccinated individuals, a 4 . 7 % unemployment rate well under the national average,
and state revenues improving significantly from worst-case projections during the pandemic,
gaining $4.1 billion additional projected revenue over three fiscal years from the August 2020
estimate. the state should prepare to resume non-emergency operations.
Section 4. Except as amended herein, Executive Order 20-52, extended by Executive
Orders 20-1 14, 20-166, 20-192 , 20-213, 20-276, 20-316, and 21-45 is ratified and reaffirmed.
ATTEST:
IN TESTIMONY WHEREOF, I have hereunto set my
hand and caused the Great Seal of the State of
Florida to be affixed. at Tallahassee, this 27th day of
April, 2021.
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EXHIBIT C
ST ATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-52
(Emergency Management -COVID-19 Public Health Emergency)
WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory
illness that can spread among humans through respiratory transmission and presents with
symptoms similar to those of influenz a ; and
WHEREAS, in late 2019 , a new and significant outbreak of COVID-19 emerged in China;
and
WHEREAS , the World Health Organization previously declared COVID-19 a Public
Health Emergency of International Concern; and
WHEREAS , in response to the recent COVID-19 outbreak in China, Iran , Italy , Japan and
South Korea, the Centers for Disease Control and Prev ention ("CDC") has deemed it necessary to
prohibit or re strict non-essential travel to or from those countries; and
WHEREAS , on March 1, 2020 , I issued Executive Order number 20-51 directing the
Florida Department of Health to issue a Public Health Emergency ; and
WHEREAS , on March 1, 2020 , the State Surgeon General and State Health Officer
declared a Public Health Emergency exists in the State of Florida as a result of COVID-19 ; and
WHEREAS , on March 7, 2020 , I directed the Director of the Division of Emergency
Management to activate the State Emergency Operations Center to Level 2 to provide coordination
and response to the COYID-19 emergency; and
WHEREAS , as of March 9 , 2020 , eight counties in Florida have positive cases for
COVID-19 , and COVID-19 poses a risk to the entire state of Florida; and
WHEREAS , the CDC currently recommends community preparedness and everyday
prevention measures be taken by all individuals and families in the United States, including
voluntary home isolation when individuals are sick with respiratory symptoms , covering coughs
and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often
with soap and water for at least 20 seconds, using of alcohol-based hand sanitizers with 60%-95%
alcohol if soap and water are not readily available and routinely cleaning frequently touched
surfaces and objects to increase community resilience and readiness for responding to an outbreak;
and
WHEREAS , the CDC currently recommends mitigation measures for communities
experiencing an outbreak including staying at home when sick, keeping away from others who are
sick, limiting face-to-face contact with others as much as possible, consulting with your healthcare
provider if individuals or members of a household are at high risk for COVID-19 complications,
wearing a facemask if advised to do so by a healthcare provider or by a public health official,
staying home when a household member is sick with respiratory disease symptoms if instructed to
do so by public health officials or a health care provider; and
WHEREAS, as Governor, I am responsible for meeting the dangers presented to this state
and its people by this emergency.
NOW, THEREFORE, I, RON DESANTIS , as Governor of Florida, by virtue of the
authority vested in me by A1iicle IV, Section (l )(a) of the Florida Constitution , Chapter 252,
Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take
immediate effect:
Section 1. Because of the foregoing conditions, I declare a state of emergency exists in the
State of Florida.
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Section 2. I designate the Director of the Division of Emergency Management ("Director")
as the State Coordinating Officer for the duration of this emergency and direct him to execute the
State 's Comprehensive Emergency Management Plan and other response , recovery , and mitigation
plans necessary to cope with the emergency. Additionally, I designate the State Health Officer
and Surgeon General as a Deputy State Coordinating Officer and State Incident Commander.
Pursuant to section 252.36(1 )(a), Florida Statutes, I delegate to the State Coordinating
Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida
Statutes , which he shall exercise as needed to meet this emergency , subject to the limitations of
section 252.33, Florida Statutes. In exercising the powers delegated by this Order, the State
Coordinating Officer shall confer with the Governor to the fullest extent practicable. The State
Coordinating Officer shall also have the authority to:
A. Seek direct assistance and enter into agreements with any and all agencies of the
United States Government as may be needed to meet the emergency.
B. Designate additional Deputy State Coordinating Officers, as necessary.
C. Suspend the effect of any statute, rule, or order that would in any way prevent,
hinder, or delay any mitigation, response, or recovery action necessary to cope with this
emergency.
D. Enter orders as may be needed to implement any of the foregoing powers; however,
the requirements of sections 252.46 and 120.54( 4 ), Florida Statutes, do not apply to any such
orders issued by the State Coordinating Officer; however, no such order shall remain in effect
beyond the expiration of this Executive Order, to include any extension.
Section 3. I order the Adjutant General to activate the Florida National Guard , as needed ,
to deal with this emergency.
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Section 4. I find that the special duties and responsibilities resting upon some State,
regional, and local agencies and other govenunental bodies in responding to the emergency may
require them to suspend the application of the statutes, rules , ordinances, and orders they
administer. Therefore, I issue the following authorizations:
A. Pursuant to section 252.36( I )(a), Florida Statutes, the Executive Office of the
Governor may suspend all statutes and rules affecting budgeting to the extent necessary to provide
budget authority for state agencies to cope with this emergency . The requirements of sections
252.46 and 120 .54(4), Florida Statutes , do not apply to any such suspension issued by the
Executive Office of the Governor; however, no such suspension shall remain in effect beyond the
expiration of this Executive Order, to include any extension.
B. Each State agency may suspend the provisions of any regulatory statute prescribing
the procedures for conduct of state business or the orders or rules of that agency , if strict
compliance with the provisions of any such statute, order, or rule would in any way prevent , hinder,
or delay necessary action in coping with the emergency. This includes , but is not limited to , the
authority to suspend any and all statutes , rules, ordinances , or orders which affect leasing, printing,
purchasing, travel , and the condition of employment and the compensation of employees. For the
purposes of this Executive Order, "necessary action in coping with the emergency " means any
emergency mitigation, response, or recovery action: (1) prescribed in the State Comprehensive
Emergency Management Plan ("CEMP"); or (2) ordered by the State Coordinating Officer. The
requirements of sections 252.46 and 120.54, Flmida Statutes , shall not apply to any such
suspension issued by a State agency; however, no such suspension shall remain in effect beyond
the expiration of this Executive Order, to include any extensions.
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C. In accordance with section 465.0275, Florida Statutes , pharmacists may dispense
up to a 30-day emergency prescription refill of maintenance medication to persons who reside in
an area or county covered under this Executive Order and to emergency personnel who have been
activated by their state and local agency but who do not reside in an area or county covered by this
Executive Order.
D. In accordance with section 252.38 , Florida Statutes , each political subdivision
within the State of Florida may waive the procedures and fo1malities otherwise required of the
political subdivision by law pertaining to:
1) Performance of public work and taking whatever prudent action 1s
necessary to ensure the health, safety, and welfare of the community ;
2) Entering into contracts; however, political subdivisions are cautioned
against entering into time and materials contracts without ceiling as defined by 2 CFR 200 .3 I 8(j)
or cost plus percentage contracts as defined by 2 CFR 200 .323(d);
3) Incurring obligations;
4) Employment of permanent and temporary workers;
5) Utilization of volunteer workers;
6) Rental of equipment;
7) Acquisition and distribution , with or without compensation, of supplies ,
materials , and facilities; and,
8) Appropriation and expenditure of public funds .
E. All State agencies responsible for the use of State buildings and facilities may close
such buildings and facilities in those portions of the State affected by this emergency , to the extent
necessary to meet this emergency. I direct each State agency to report the closure of any State
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building or facilit y to the Secretary of the Department of Management Services . Under the
authority contained in section 252 .36, Florida Statutes , I direct each County to report the closure
of any building or facility operated or maintained by the County or any political subdivision therein
to the Secretary of the Department of Management Services . Furthermore , I direct the Secretary
of the Department of Management Services to :
1) Maintain an accurate and up-to-date list of all such closures; and ,
2) Provide that list daily to the State Coordinating Officer.
Section 5. I find that the demands placed upon the funds appropriated to the agencies of
the State of Florida and to local agencies are unreasonably great and the funds currently available
may be inadequate to pay the costs of coping with this emergency. In accordance with section
252 .37(2), Florida Statutes, I direct that sufficient funds be made available, as needed, by
transferring and expending moneys appropriated for other purposes, moneys from unappropriated
surplus funds , or from the Budget Stabilization Fund.
Section 6. All State agencies entering emergency final orders or other final actions in
response to this emergency shall advise the State Coordinating Officer contemporaneously or as
soon as practicable.
Section 7. Medical professionals and workers, social workers , and counselors with good
and valid professional licenses issued by states other than the State of Florida may render such
services in Florida during this emergency for persons affected by this emergency with the
condition that such services be rendered to such persons free of charge, and with the further
condition that such services be rendered under the auspices of the American Red Cross or the
Florida Department of Health.
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Section 8. All activities taken by the Director of the Division of Emergency Management
and the State Health Officer and Surgeon General with respect to this emergency before the
issuance of this Executive Order are ratified. This Executive Order shall expire sixty days from
this date unless extended.
ATTEST:
IN TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of
Florida to be affixed , at Tallahassee, this 9th day of
March , 2...,0 __
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