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HomeMy WebLinkAboutAgenda Item Summary Form* IXEOAP OAALfX H AGENDA ITEM SUMMARY FORM File ID: #8031 Date: 10/08/2020 Commission Meeting Date: 10/08/2020 Requesting Department: City Commission Sponsored By: Alex Diaz de la Portilla District Impacted: All Type: Resolution Subject: Cease and Desist City of Miami's Enforcement of Miami -Dade County's Curfew Budget Impact Analysis Total Fiscal Impact: Reviewed By City Commission Nicole Ewan Meeting Completed 10/08/2020 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 10/09/2020 9:19 AM Office of the City Attorney Juan Carlos Perez ACA Review Completed 10/09/2020 9:22 AM Office of Management and Budget Christopher M Rose Budget Review Completed 10/12/2020 2:31 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 10/12/2020 2:44 PM Office of the City Attorney Victoria Mendez Approved as to Form and Legal Sufficiency Completed Office of the City Clerk City Clerk's Office Rendered Completed 10/14/2020 7:17 PM City of Miami Legislation Resolution Enactment Number: R-20-0326 File Number: 8031 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:10/8/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CEASE AND DESIST THE CITY OF MIAMI'S ENFORCEMENT OF MIAMI-DADE COUNTY'S ("COUNTY") EMERGENCY ORDER 27-20, AS AMENDED, PROMULGATED BY COUNTY MAYOR GIMENEZ FOR PURPOSES OF IMPLEMENTING A CURFEW LIMITING THE MOVEMENT OF PERSONS INSIDE THE COUNTY AND OPERATING HOURS OF ALL ESTABLISHMENTS, INCLUDING WITHIN THE CITY OF MIAMI, PRIOR TO 12.00 A.M. (MIDNIGHT) DAILY. WHEREAS, on March 1, 2020, the Governor of the State of Florida ("Governor') issued Executive Order No. 20-51 directing the State Health Officer and Surgeon General to declare a Public Health Emergency due to the discovery of the Novel Coronavirus disease 2019 ("COVID- 19") in the State of Florida ("State"); and WHEREAS, on March 9, 2020, the Governor issued Executive Order No. 20-52 declaring a State of Emergency for the State related to COVID-19; and WHEREAS, Section 252.38(3)(a), Florida Statutes, gives authority to political subdivisions to declare and enact a State of Local Emergency for a period of up to seven (7) days, thereby waiving the procedures and formalities otherwise required of the political subdivision by law; and WHEREAS, on March 12, 2020, the Miami -Dade County Mayor ("County Mayor") declared a Local State of Emergency for all of Miami -Dade County ("County") related to COVID- 19 and the City of Miami Mayor ("City Mayor") simultaneously declared a Local State of Emergency for all of the City of Miami ("City") related to COVID-19; and WHEREAS, commencing on July 3, 2020, the County Mayor promulgated Emergency Order 27-20 ("Curfew Order") imposing a curfew for all of the County, including incorporated and unincorporated areas, effective from 10:00 p.m. each night through 6:00 a.m. the next morning daily; and WHEREAS, the Curfew Order states that no person shall make use of any street or sidewalk for any purpose, except police, fire rescue, first responder, medical, health care, media, and utility repair service personnel during curfew hours and imposes a penalty of arrest and/or fine for individuals and establishments in violation of the Curfew Order; and WHEREAS, most recently, the County Mayor promulgated Amendment 2 of the Curfew Order commencing September 14, 2020 and currently in effect, setting the County -wide curfew at 11:00 p.m. each night through 6:00 a.m. the next morning; and WHEREAS, the City, through the City Manager, has endeavored to enforce the County's Curfew Order within the City and has authorized the issuance of civil citations to individuals in violation of the Curfew Order or has directed the mandatory closure of commercial establishments not exempted by the Curfew Order; and WHEREAS, on September 25, 2020, the Governor issued Executive Order Number 20- 244 initiating Phase 3 of the "Safe. Smart. Step -by -Step. Plan for Florida's Recovery" which prohibits any COVID-19 emergency ordinance promulgated by local governments that may prevent an individual from working or from operating a business and suspends the collection of fines and penalties associated with COVID-19 enforced upon an individual; and WHEREAS, many commercial establishments in the City are unable to operate beyond 11:00 p.m. daily due to the Curfew Order promulgated by the County Mayor and still in effect despite the prohibition of such an emergency measure pursuant to Executive Order Number 20- 244; and WHEREAS, the City must refrain from the enforcement of the Curfew Order prior to 12:00 a.m. daily in order to be more consistent with Executive Order Number 20-244; and WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the City Commission unanimously deems this Resolution to be of an emergency nature; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby directed to cease and desist any enforcement measures prior to 12:00 a.m. daily as it pertains to enforcement of the Curfew Order or anty subsequent orders promulgated by the County Mayor for purposes of implementing a County- wide curfew limiting the movement of persons and operating hours of establishments within the City. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.