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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #8352 Date: 12/10/2020 Commission Meeting Date: 12/10/2020 Requesting Department: City Commission Sponsored By: Joe Carollo District Impacted: Type: Resolution Subject: Directing the City Manager to Resume Enforcement of County's Curfew Budget Impact Analysis Total Fiscal Impact: Reviewed By City Commission Nicole Ewan Meeting Completed 12/10/2020 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 12/11/2020 7:50 AM Office of the City Attorney George Wysong ACA Review Completed 12/11/2020 11:32 AM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 12/12/2020 8:57 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 12/21/2020 8:52 AM Office of the City Clerk City Clerk's Office Rendered Completed 12/21/2020 8:54 AM �tzY,°v City of Miami City Hall " * `IIL111 IIATtA k ' „ 11 Legislation 3500 Pan American Drive Miami, FL 33133 r R % www.miamigov.com Resolution Enactment Number: R-20-0415 File Number: 8352 Final Action Date:12/10/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NOS. R-20-0358 AND R-20-0326 ADOPTED ON OCTOBER 22, 2020 AND OCTOBER 8, 2020, RESPECTIVELY, DIRECTING THE CITY MANAGER TO CEASE AND DESIST ENFORCEMENT OF MIAMI-DADE COUNTY'S ("COUNTY") CURFEW; DIRECTING THE CITY MANAGER TO NOW BEGIN ENFORCEMENT OF THE COUNTY CURFEW AND MASK ORDERS TO ENSURE THE HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY UNTIL THE COUNTY HAS REACHED FOURTEEN (14) DAYS WHERE THE POSITIVE TEST RATE IS BELOW 5.5% ON AVERAGE AT WHICH POINT THE CITY OF MIAMI MAY DISCONTINUE ENFORCEMENT OF THE CURFEW. WHEREAS, on March 9, 2020, Governor Ron DeSantis ("DeSantis") issued Executive Order No. 20-52 declaring a State of Emergency for the entire State of Florida related to the novel coronavirus pandemic ("COVID-19"); and WHEREAS, on March 12, 2020, Miami -Dade County Mayor Gimenez ("County Mayor") declared a Local State of Emergency for all of Miami -Dade County ("County") related to COVID- 19; and WHEREAS, on July 2, 2020, the County Mayor promulgated Emergency Order 27-20 ("Curfew Order") imposing a curfew for the entire County, including the 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 was amended three (3) times - on September 9, 2020, wherein the curfew was amended to permit persons to be out after curfew if they are traveling to or from certain sporting events or religious services; on September 12, 2020, wherein the curfew was set at 11:00 p.m. instead of 10:00 p.m.; and on October 10, 2020, wherein the curfew was set at 12:00 a.m. midnight; and WHEREAS, on September 25, 2020, DeSantis issued Executive Order No. 20-244 initiating Phase 3 of the 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, on October 8, 2020, the City Commission adopted Resolution No. R-20- 0326 directing the City Manager to cease and desist any enforcement measures prior to 12:00 a.m. daily as it pertains to enforcement of the Curfew Order or any 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 of Miami ("City"); and WHEREAS, on October 14, 2020, the County Mayor issued Amendment No.1 to County Local Emergency Order 30-20 to clarify that restaurants and other businesses are subject to the requirements of the Curfew Order; and WHEREAS, on October 16, 2020, Circuit Court Judge Beatrice Butchko issued an order in Case No. 2020-021883-CA-22, Miami Gardens Square One, Inc. et al vs. Miami -Dade County granting a Temporary Injunction to enjoin the County from enforcement of §3(c) of Amendment 1 to County Emergency Order 30-20 and from enforcing Amendment 3 to the Curfew Order against the Plaintiffs, including their owners, officers, managers, employees, contractors, and performers ("Lawsuit"); and WHEREAS, on October 22, 2020, in light of the confusion caused by the Governor's Executive Order, the lawsuit filed against the County, and the inequity of curfew enforcement within County that existed at the time, the City Commission adopted Resolution No. R-20-0358 directing the City Manager to cease and desist enforcement of the Curfew Order; and WHEREAS, thereafter, County appealed the Lawsuit to the Third District Court of Appeals which, on November 4, 2020, issued an order reversing the finding of the trial court and found that the Governor's Emergency Order 20-244 did not expressly preempt curfews by local governments; and WHEREAS, subsequent to the adoption of Resolution No. R-20-0358, the COVID-19 infection rate has dramatically increased in the County and the number of COVID-19 hospitalizations has also seen a significant increase; and WHEREAS, the City Commission finds that the Curfew Order should be enforced until the fourteen (14) consecutive day positivity test rate is below 5.5% on average at which point the City may discontinue enforcement of the Curfew Order without further action of the City Commission; and WHEREAS, the City Commission finds that it is the best interest of the health, safety, and welfare of the residents and visitors of the City that the City Manager resume enforcement of the Curfew Order; and WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the City Commission 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. Resolution Nos. R-20-0358 20-0326 are hereby rescinded in their entireties. Section 3. The City Manager is hereby directed to begin enforcement of the Curfew Order and all mask orders until the County has reached fourteen (14) consecutive days where the positive test rate is below 5.5% on average at which point the City may discontinue enforcement of the Curfew Order without further action of the City Commission. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ryt6ri i dez, ity ttor ey 12/21/2020 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.