HomeMy WebLinkAboutR-20-0087City of Miami
Resolution R-20-0087
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7355 Final Action Date: 3/25/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO ESTABLISH A GENERAL CURFEW THROUGHOUT THE
CORPORATE LIMITS OF THE CITY OF MIAMI ("CITY") BEGINNING ON
MARCH 27, 2020 BETWEEN THE HOURS OF 10:00 P.M. AND 5:00 A.M.
DAILY UNDER THE AUTHORITY GRANTED TO MUNICIPALITIES BY
FLORIDA STATUTES SECTIONS 252.38, ET SEQ., AND 501.160, EXECUTIVE
ORDER NUMBER 20-52 PROMULGATED BY GOVERNOR RON DESANTIS
ON MARCH 9, 2020, MORE SPECIFICALLY SECTION (4)(D)(1) PROVIDING
THAT EACH MUNICIPALITY IN THE STATE OF FLORIDA IS AUTHORIZED TO
WAIVE THE PROCEDURES AND FORMALITIES OTHERWISE REQUIRED OF
THE POLITICAL SUBDIVISION BY LAW PERTAINING TO THE TAKING OF
WHATEVER PRUDENT ACTION IS NECESSARY TO ENSURE THE PUBLIC'S
HEALTH, SAFETY, AND WELFARE, AND CHAPTER 45 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROHIBIT PERSONS
WITHIN THE CORPORATE LIMITS OF THE CITY DURING THE DECLARED
CURFEW HOURS FROM STANDING, CONGREGATING, OR MOVING
ABOUT, WHETHER AS A PEDESTRIAN OR BY MEANS OF A VEHICLE,
EXCEPT AS NECESSARY TO PROVIDE FIRE, POLICE, OR HOSPITAL
SERVICES OR WHEN ENGAGED IN AN ACTIVITY ENUMERATED HEREIN;
FURTHER AUTHORIZING THE CITY MANAGER TO MODIFY THE TERMS
AND CONDITIONS OF THE CURFEW AS DEEMED NECESSARY;
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, under the provisions of law and Sections 252.31 - 252.60, Florida Statutes,
Mayor Francis X. Suarez ("Mayor") of the City of Miami ("City") declared on March 12, 2020 that
a State of Local Emergency exists within the City of Miami, Miami -Dade County, Florida in
response to the Novel Coronavirus ("COVID-19"); and
WHEREAS, in accordance with the provisions of Section 252.38(3)(a), Florida Statutes,
the Mayor subsequently extended the State of Local Emergency for two (2) additional seven (7)
day periods commencing on March 17, 2020 and March 24, 2020, respectively; and
WHEREAS, the effects of COVID-19 continue to require extraordinary and immediate
actions by the City in order to protect the public's health, safety, and welfare; and
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 COVID-19; and
WHEREAS, Section (4)(D)(1) of Executive Order 20-52 provides that each municipality
in the State of Florida ("State") is authorized to waive the procedures and formalities otherwise
required of the political subdivision by law pertaining to 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: 7355 (Revision:) Printed On: 5/1/2025
File ID: 7355 Enactment Number: R-20-0087
WHEREAS, COVID-19 is declared pandemic whose increasing effects are being felt
within the City and that on account thereof, there is reason to believe that it is necessary to take
prudent action to ensure the health, safety, and welfare of the City and its residents; and
WHEREAS, the Mayor and the Miami City Commission have determined that there is a
potential for an act of violence or a flagrant and substantial defiance of or resistance to a lawful
exercise of public authority and that partly on account thereof, there is reason to believe that
there exists a clear and present danger of a riot or other general public disorder, widespread
disobedience of the law, and substantial injury to persons or to the health, safety, welfare, or
protection of persons, or damage to property, all of which constitute a threat to public peace or
order and to the general welfare of the City or a part or parts thereof;
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 fully set forth in this Section.
Section 2. The Miami City Commission directs the City Manager to promulgate and
implement a Local Emergency Measure pursuant to Chapter 45 of the Code of the City of
Miami, Florida, as amended, to establish a general curfew throughout the City to go into effect
daily from 10:00 p.m. to 5:00 a.m. beginning on March 27, 2020 and providing for the following
limited exceptions to persons engaged in:
a. Provision of essential State, Miami -Dade County ("County"), and City emergency
services such as fire -rescue, police, and hospital services, including the
transportation of patients;
b. Utility emergency repairs;
c. Emergency calls by physicians;
d. Food delivery services and third -party food delivery drivers;
e. Walking of dogs within 250 feet of the owner's residence; and
f. Travel to and from work at Essential Retail and Commercial Establishments as
defined in City Emergency Order 20-04 and County Emergency Order 07-20, as
amended.
Section3. The City Commission further authorizes' the City Manager to promulgate and
implement subsequent revised Local Emergency Measure to modify the terms and conditions of
the curfew as deemed necessary in the City Manager's discretion.
Section 4. This Resolution shall become effective immediately upon its adoption.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions
City of Miami Page 2 of 3 File ID: 7355 (Revision:) Printed on: 5/1/2025
File ID: 7355 Enactment Number: R-20-0087
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 7355 (Revision:) Printed on: 5/1/2025