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Home My WebLink AboutO-13914City of Miami 1 i.RR cl Legislation �a�lldl 1 l + try Ordinance: 13914 File Number: 7693 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/23/2020 (4/5TH VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, TEMPORARILY PROVIDING FOR AN ADDITIONAL OPTION FOR THE SWEARING-IN REQUIREMENT OF CITY OF MIAMI STAFF FOR ANY PLANNING AND ZONING ITEMS AND QUASI-JUDICIAL HEARINGS DURING THE DECLARED LOCAL STATE OF EMERGENCY DUE TO THE NOVEL CORONAVIRUS PANDEMIC; MAKING NECESSARY FINDINGS; PROVIDING FOR AN EXPIRATION DATE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, on March 9, 2020, Florida Governor Ron DeSantis promulgated Executive Order 20-52 and declared a State of Emergency in Florida in response to the Novel Coronavirus ("COVID-19"), which has been extended by subsequent Executive Orders; and WHEREAS, under the provisions of law and Sections 252.31 - 252.60, Florida Statutes, on March 12, 2020, Mayor Francis X. Suarez of the City of Miami ("City") declared that a State of Local Emergency existed within the City in response to COVID-19; and WHEREAS, in accordance with the provisions of Section 252.38(3)(a), Florida Statutes, the Mayor has declared extensions to the State of Local Emergency in response to COVID-19 in and for the City; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with COVID-19, including Emergency Order 10-20 which provides that no group of ten (10) or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County with limited exceptions; and WHEREAS, the City has been holding virtual public meetings pursuant to the Governor's Executive Order Number 20-69, as extended most recently by Executive Order 20-150; and WHEREAS, the COVID-19 guidelines promulgated by the federal government, the State of Florida ("State"), the County, and the City call for the public to, inter alis, exercise proper social distancing to assist in reducing the spread of COVID-19; and WHEREAS, the effects of COVID-19 continue to require immediate actions by the City in order to protect the health, safety, and welfare of the public and its employees; and WHEREAS, Section (4)(D)(1) of the Governor's Executive Order 20-52 provides that each municipality in the State is authorized to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to the performance of public work and the taking of whatever prudent action is necessary to ensure the public's health, safety, and welfare; and City of Miami Page 1 of 3 File ID: 7693 (Revision:) Printed On: 8/10/2020 File ID: 7693 Enactment Number: 13914 WHEREAS, the Governor's Executive Order Number 20-69, as extended, allows local governments to utilize communications media technology ("CMT"), such as telephonic and video conferencing, pursuant to Section 120.54(5)(b)(2), Florida Statutes; and WHERAES, Section 120.54(5)(b)(2), Florida Statutes, provides, inter alis, that the rules for using CMT shall provide that all evidence, testimony, and argument presented shall be afforded equal consideration, regardless of the method of communication; and WHEREAS, Fla. Admin. Code Ann. R. 28-109.006, titled "Evidence, Testimony, and Argument", which was enacted pursuant to Section 120.54(5)(b)(2), Florida Statutes, states that any evidence, testimony, and argument which is offered utilizing CMT shall be afforded equal consideration as if it were offered in person, shall be subject to the same objections, and, in situations where sworn testimony is required by the agency, persons offering such testimony shall be responsible for making appropriate arrangements for offering sworn testimony; and WHEREAS, the City has resumed conducting public hearings using CMT to assist public stakeholders' access to planning and zoning and quasi-judicial processes for matters that require these hearings; and WHEREAS, the City Commission adopted Emergency Ordinance No. 13903 on May 28, 2020, temporarily modifying scheduling requirements and the requirements for parties and participants who must be sworn in for these types of public hearings; and WHEREAS, the swearing-in limitations of Emergency Ordinance No. 13903 have proved burdensome for City staff as it requires in-person swearing-in at the employees' remote location; and WHEREAS, the Supreme Court of Florida issued Administrative Order No. AOSC 20- 16 allowing for the administering of oaths via remote audio -video communication equipment, which provides guidance for the City to adopt similar procedures during the State of Local Emergency for COVID-19; and WHEREAS, this Emergency Ordinance adds an additional option for the swearing-in requirement of City staff pursuant to Emergency Ordinance No. 13903 that will allow for qualified City staff, namely the City Clerk's Office and the Hearing Boards Division, to administer an oath for planning and zoning as well as any quasi-judicial hearings to City staff so long as the qualified City staff can both see and hear them via audio -communications equipment for the purpose of readily identifying the City Staff to be swornmin; and WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Commission, by a majority vote, hereby deems this Ordinance to be of an emergency nature; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. City of Miami Page 2 of 3 File ID: 7693 (Revision:) Printed on: 811012020 File ID: 7693 Enactment Number: 13914 Section 2. The City Commission hereby temporarily provides for an additional option for the swearing-in requirement for City Staff for any planning, zoning, and quasi-judicial hearings during the Local State of Emergency for the COVID-19 pandemic as provided herein. Section 3. The City Commission hereby temporarily allows for qualified City staff, namely staff of the City Clerk and staff of Hearing Boards, to swear in City staff appearing before any City body for planning, zoning, or quasi-judicial hearings remotely by audio -video communication technology from a location within the State, provided City staff can be positively identified. Section 4. No other section, paragraph, clause, phrase, or word of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida, the City Code, or Emergency Ordinance No. 13903, except those identified herein, shall be modified, amended, or suspended by this Emergency Ordinance. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Emergency Ordinance is declared invalid, the remaining provisions of this Emergency Ordinance shall not be affected. Section 6. This Emergency Ordinance shall become effective immediately after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: J ria ndez, Cify Attor iey 7/31/2020 ' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 7693 (Revision:) Printed on: 811012020