Res No 136-20-15576RESOLUTION NO.136-20-15576
A Resolution of the Mayor and City Commissioners of the City of South
Miami requesting that Governor Ron DeSantis retract or eliminate those
portions of Executive Order Number 20-244 that prevent local governments
from enforcing the first line of defense against COVID-19 which is social
distancing and the wearing of mask by everyone when in public, with limited
exceptions.
WHEREAS, on September 25, 2020, Florida Governor Ron DeSantis signed Executive
Order Number 20-244 ("Order'), subtitled "Phase 3; Right to Work; Business Certainty;
Suspension of Fines", which established Phase 3 reopening measures for the State of Florida;
and
WHEREAS, the Order rescinds all prior COVID-19 related restrictions regarding
business operations and allows infected individual to serve the public and further spreading the
coronavirus; and
WHEREAS, the Order encourages Iocal businesses to further the spread of the
coronavirus by preventing local governments from closing businesses that are causing super
spreader events and who flaunt the social distancing requirements for their patrons and
employees; and
WHEREAS, the Order severely endangers the residents, business employees and
business customers by preventing the enforcement of the wearing of masks and social distancing;
and
WHEREAS, this past Friday the nation bore witness to the recklessness this same
executive action of our President who distains the wearing of masks and whose reckless
disregard for the scientific and medical advice has exposed countless members of his staff,
members of congress and the public to coronavirus super spreader events, such as his rally's, the
Rose Garden celebration of his nomination, Judge Amy Coney Barrett to the United States
Supreme Court, his allowing a known infected person to fly on Air Force One and potentially
infect the presidential staff, the pilot and crew and members of the press. Finally, the president's
testing positive on Thursday for infection of the coronavirus and his continued exposure of
others because of his refusal to wear a mask and his ridicule of others for wearing masks; and
WHEREAS, your Executive Order 20-244 is restricting the ability of local governments
to determine and enforce restrictions that will keep its residents safe in the midst of the COVID-
19 pandemic which include mandating the wearing of masks unless the wearing of a mask
prevent essential human activity such as eating and drinking; and
WHEREAS, your Executive Order 20-244 ignores the state of emergency and all but
claims that the emergency is over: and
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Res. No. 136-20-15576
WHEREAS, the Florida Legislature, in 1973, enacted the Municipal Home Rules Power
Act ("MHRPA'), now codified in Ch. 166 of the Florida Statutes. The MHRPA guarantees that
local governments retain governmental, corporate, and proprietary powers to enable them to
conduct municipal government, perform municipal functions, and render municipal services.
This power may not be curtailed except as otherwise provided by law'; and
WHEREAS, both the Florida Constitution and state statutes express a preference that,
absent some necessity for a statewide enactment, local officials should deal with problems
relating to the health and welfare of their citizens'; and
WHEREAS, Executive Order 20-244 is a continuation of the misuse of state preemption
that significantly limits the power of cities and other local governments to solve problems for
their residents — in this case with possible life or death consequences; and
WHEREAS, cases of COVID-19 across the state vary widely from county -to -county in
Florida The total cases in Miami -Dade County currently stands at 171,225 - the highest number
of cases in the state3; and
WHEREAS, local governments should be allowed to make their own determinations
regarding masks/facial coverings, spacing, crowd size and regulations concerning businesses
(such as bars, restaurants, etc.) and anything else they consider locally important depending on
the severity of the outbreak in their community; and
WHEREAS, local governments are concerned about local businesses and are
encouraging them to do business by reducing regulations and providing them with alternatives
way of conducting business safely; and
WHEREAS, local governments are on the front lines of recovery efforts and state
preemption acts as a barrier to the ability of local governments to enact necessary regulations
that are responsive to the specific needs of their communities; and
WHEREAS, Executive Order 20-244 encourages individuals to flaunt the required CDC
guidelines for social distancing and the wearing of masks which furthers the spread of the
coronavirus; and
WHEREAS, Executive Order 20-244 encourages business to ignore the health, safety
and welfare of the public by allowing them to disregard the need for social distancing and the
wearing of masks; and
WHEREAS, Executive Order 20-244 ignores the basis science surrounding the spread of
the coronavirus by prohibiting local governments from enforcing social distancing and the
1,(fwww.tloridabar.orgfthe-tlorida-bar-journal/the-effectiveness-of-home-rule-a- remption-and-
conflict-analysis!
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3 Florida Department of Health, Division of Disease Control and Health Protection, COVID-19 Data and
Surveillance Dashboard hh Rs_:,(/experience.arcgis.comJex- /9fidd742462124faOb38ddedb9b25e429
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Res. No. 136-20-15576
wearing of masks by prohibiting the collection of fines and penalties levied against irresponsible
individual who flaunt those basis life-saving rules; and
WHEREAS, Executive Order 20-244 is promoting the spread of the coronavirus by
encouraging restaurants to pack customers into spaces too small for the customers to be able to
socially distance themselves.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section I. The foregoing recitals are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this resolution upon adoption hereof.
Section 2. The City of South Miami Commission hereby requests the elimination of
those portions of Executive Order Number 20-244 that restrict local government's enforcement
of Covid-19 related ordinances and rules that require social distancing and the wearing of masks,
including penalties and fines against individuals that flaunt those rules and closing of business
for 24 hours at a time for failing to enforce the wearing of masks and social distancing by
employees and customers who are on their premises.
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. Instructions to the City Clerk. The City Clerk is instructed to forward a
copy of this resolution to:
Governor Ronald Dion DeSantis,
State Senate President.;
State Speaker of the House;
all municipalities in Miami -Dade County,
the members of the governing bodies of all 67 counties.
the Florida Cabinet,
the Florida League of Cities
Miami -Dade County League of Cities
All members of the Miami -Dade Legislative Delegation
All members of the Miami -Dade County Board of County Commissioners
Miami -Dade County Manager
Miami -Dade County Mayor
Section S. SeverabUity. 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
will not affect the validity of the remaining portions of this resolution.
Section 6. Effective Date. This resolution will become effective immediately upon
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Res. No. 136-20-15576
adoption.
PASSED AND ADOPTED this 6 h day of October. 2020.
ATTEST: APPROVED:
CITY LER eYO
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THE
ATTORNE
COMMISSION VOTE: 5-0
Mayor Philips: Yea
Vice Mayor Welsh: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
Page 4 of 4
Agenda Item No:Bb.
City Commission Agenda Item Report
Meeting Date: October 6, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commissioners of the City of South Miami requesting that Governor Ron
DeSantis retract or eliminate those portions of Executive Order Number 20-244 that prevent local governments
from enforcing the first line of defense against COVID-19 which is social distancing and the wearing of mask by
everyone when in public, with limited exceptions. 3/5 (Commissioner Harris)
Suggested Action:
Attachments:
Reso for repeal of EO 20-244.doc