Res No 064-20-15504Resolution No. 064-20-15504
A Resolution of the Mayor and City Commission of the City of South Miami, Florida,
authorizing and instructing the City Manager to adopt and strictly enforce rules to
prevent the spread of Covid-19 Including the appropriate wearing of masks and
appropriate social distancing in public places and In all building in the City and creating
rules for businesses as well as strict enforcement.
WHEREAS, the Center for Disease Control and Prevention has advised that to slow the
spread of the Coronavirus/COVID-19, individuals should adopt far-reaching social distancing
measures and the appropriate wearing of masks; and
WHEREAS, the City may adopt an emergency orders (in accordance with emergency rule
procedures set forth in §120.54(4)), pursuant to §252.46; and
WHEREAS, §120.54(4), Fla. Stat., provides that the City may adopt any rule that is fair
under the circumstances if it finds that an immediate danger to the public health, safety, or
welfare necessitates and requires emergency action and such action is limited to what is
necessary to protect the public interest under the emergency procedure and at the time of the
action it publishes the specific facts and reasons for finding an immediate danger to the public
health, safety, or welfare and its reasons for concluding that the procedure used is fair under
the circumstances. The rules may include an interpretation and implementation of the
requirements of chapters 97-102 and chapter 105 of the Election Code. The agency's findings
of immediate danger, necessity, and procedural falrness shall be judicially reviewable and shall
become effective immediately if necessitated by immediate danger to the public health, safety,
or welfare but may not be effective for a period longer than 90 days and shall not be renewable
except under limited circumstances; and
WHEREAS, there has been a loosing of the state restrictions on interactions between
people and it has led to a disregard for safety precautions and a failure to wear masks and to
socially distance themselves from one another; and
WHEREAS, the loosening of restriction has led to a rapid rise in the number of Coronavirus
cases; and
WHEREAS, it has been reported in The Guardian two days ago that Florida's daily record
of new cases below 1,700 saw eight consecutive days above that figure, five of them topping
2,000 and both Thursday and Friday seeing the highest numbers of all: 3,207 and %822 cases,
respectively, eclipsing the previous recorded high by more than 35%.
WHEREAS, The Guardian reported that the staggering figures have caused experts at the
Children's Hospital of Philadelphia and University of Pennsylvania to conclude that Florida has
"all the markings of the next large epicenter of coronavirus transmission and that public health
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Res. No. 064-20-15504
analysts wan of darker days ahead if social distancing is not maintained. Already in Jacksonville
some newly reopened bars have closed again after a Covid-19 outbreak.
WHEREAS, municipalities in Florida are tightening up restrictions because of the surge.
Beginning Friday, businesses in St Petersburg must ensure employees wear masks, which is a
requirement for visitors to the Florida Keys under a law enacted this week.
WHEREAS, the Mayor and City Commission desire to require strict enforcement of the
City's emergency rules concerning the appropriate wearing of masks and social distancing
Including arrest when a violation occurs in the presence of the City's law enforcement officers.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they
are incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City Manager is authorized and instructed to adopt and strictly enforce
rules to prevent the spread of Covid-19 which must include the requirement that masks be
appropriately worn (covering both the mouth and nose and referred to as Appropriately Wearing)
in public unless there is no opportunity for being closer than 6 feet (Appropriate Social Distancing)
from another person (other than for people who cohabit the same living space) and at all times
when entering and being within any building located in the City of South Miami (other than the
house or apartment unit within which the person lives) and to prevent any business from
operating within the City unless all people, including patrons and employees, who are inside the
building are Appropriately Wearing a masks and Appropriately Social Distancing themselves and
requiring all businesses to mark all isles that are less than 10 feet wide as one-way and provide
marking every 6 feet within the building, including the "front of the house" and "back of the
house" to identify a 6 foot distance to aid people from coming within 6 feet of one another. No
further warning need be given after the first notice of violation to businesses before issuing a
citation and the business will be shut down for 96 hours if it violates the rules after being given a
citation. All business owners must post these rules on their front door.
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section S. Effective Date. This resolution shall become effective immediately upon
adoption.
Page 2 of 3
Res. No. 064-20-15504
PASSED AND ADOPTED this 231 day of June, 2020.
ATTEST:
'� o flLa, .C,
CITY dLERK '
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND EXECUTION
EXECUTIOt•-.' THERE F
CITY ATTORNEY
APPRO'IZ94.-
COMMISSION VOTE:
4-1
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Gil:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Nay
Page 3 of 3
Agenda Rem No:1.
Special City Commission Agenda Item Report
Meeting Date: June 23, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing and instructing
the City Manager to adopt and strictly enforce rules to prevent the spread of Covid-19 including the appropriate
wearing of masks and appropriate social distancing in public places and in all building in the City and creating
rules for businesses as well as strict enforcement. 3/5 (Commissioner Harris)
Suggested Action:
Attachments:
Reso re MasksSocialDistanceRulesEnforc(2).docx