HomeMy WebLinkAboutR-20-0326City of Miami
Resolution R-20-0326
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8031 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.
SPONSOR(S): Commissioner Alex Diaz de la Portilla
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
City of Miami
Rescinded by R-20-0415
Page 1 of 2 File ID: 8031 (Revision:) Printed On: 5/12/2025
File ID: 8031 Enactment Number: R-20-0326
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:
AIL AP'
11/6/2020
ng61'P1td by R-20-0415
Page 2 of 2 File ID: 8031 (Revision:) Printed on: 5/12/2025