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4549 Approval Emergency Ord for COVID-19Emergency Ordinance 2020-4649 An emergency ordinance of the City of Sanford, Florida relating to the "National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak" and related matters; prohibiting entry into City facilities by certain persons; enforcing the provisions of Executive Order 20-68; providing for implementing administrative actions; providing for conflicts; providing for severability; providing for non - codification as well as the correction of scrivener's errors and providing for an effective date and period of effectiveness. Whereas, the City Commission of the City of Sanford hereby adopts the findings set forth in the attached emergency proclamations issued by the City Manager on March 16, 2020, and the City Commission on the date that this Emergency Ordinance was enacted all of which relate to the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak; and Whereas, the City Commission of the City of Sanford also hereby adopts the findings set forth in the orders issued by the President of the United States and the Governor of the State of Florida with regard to the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak; and Whereas, on March 17, 2020, Governor Ron DeSantis issued Executive Order 20-68 that was intended to reduce density and crowds in restaurants, bars, nightclubs and beaches to mitigate the spread of Coronavirus (COVID-19); and Whereas, with regard to bars and nightclubs, all bars and nightclubs throughout Florida were required to close for 30 days and the Florida Department of Business and Professional Regulation (FDBPR) will be enforcing and providing further guidance; and Whereas, with regard to restaurants, restaurants are required to limit customer entry to 50 percent of capacity with seating staggered and limited to ensure seated parties are separated by a distance of at least six feet, in accordance with the guidelines of the Federal Center for Disease Control with additional information being provided by the FDBPR; and Whereas, the City of Sanford desires to protect its citizens and visitors and enforce the provisions of Executive Order 20-68 under its emergency powers; and Whereas, Section 166.041(3)(b), Florida Statutes, pertaining to the procedures for adoption of ordinances and resolutions by municipalities provides that: M The governing (b) body of a municipality may, by a two-thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part. Whereas, as required by Section 166.041(3)(b), Florida Statutes, two-thirds of the City Commission have voted to enact this Ordinance as an emergency ordinance. Whereas, this Ordinance is also enacted pursuant to the home rule powers of the City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter 166, Florida Statutes; Chapter 252, Florida Statutes; and other applicable controlling law. Now, therefore, be it enacted by the People of the City of Sanford, Florida: Section 1. Legislative And Administrative Findings And Intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) set forth herein as the legislative and administrative findings and intent of the City Commission. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Entry Prohibited. It is prohibited and unlawful for any person who is exhibiting an infection with the Novel Coronavirus Disease (COVID-19) or who has travelled to an area subject to travel restrictions as a result of COVID-19 or who has been in contact with another person who is suffering the effects of COVID-19 to enter any City facility without the express written consent of the City Manager. Section 3. Regulations Consistent With Executive Order 20-68. (a). In accordance with the provisions of Executive Order 20-68 all bars and nightclubs located within the City of Sanford shall be closed for the period of time set forth in the Executive Order and such establishments are off limits during the stated time period. (b). In accordance with the provisions of Executive Order 20-68 all restaurants located within the City of Sanford shall limit customer entry to 50 percent of capacity with seating staggered and limited to ensure seated parties are separated by a distance of at least six feet, in accordance with the guidelines of the Federal Center for Disease Control as set forth in the Executive Order. (c). The City's Police Department shall coordinate the activities of the City with the Florida Department of Business and Professional Regulation and seek such assistance as is available from the Florida Department of Business and Professional Regulation and shall advise City staff within other departments as to how assistance might be provided in the enforcement of Executive Order 20-68. Section 4. Implementing Administrative Actions. (a). The City Manager is hereby authorized to take any and all necessary actions to defend the enactment and implementation of this Ordinance. (b). Without limiting the generality of the foregoing, the City Manager may take any and all actions that are necessary to protect the interests of the City with regard to directions received from Federal, State and County governments. Section 5. Savings; Effect Of Ordinance. The prior actions of the City of Sanford in terms of the matters addressed herein, emergency management and the responses to the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak and any and all matters relating or pertaining thereto, are hereby ratified and affirmed. Section 6. Codification; Scrivener's Errors. (a). The provisions of this Ordinance shall not be codified. (b). Typographical errors and other matters of a similar nature that do not affect the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Manager, or designee, without the need for a public hearing. Section 7. Conflicts. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict. 41 Section 8. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 9. Effective Date; Period Of Effectiveness. (a). This Ordinance shall take effect immediately upon enactment. (b). This Ordinance shall be in effect for 6 months, or until the City Manager files a statement with the City Commission, stating that National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak has terminated, unless the City Commission rescinds this Ordinance earlier. Passed and adopted this 19th day of March, 2020. Attest: Traci Houchin, CMC, FCRM, City Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality. William L. Colbert, City Attorney City Commission of Sanford, Florida s y of 511'a y . OFFICE MJF"THE GOVERNOR EXECUTIVE ORDER NUMBER 20-68 (Emergency Management - COVID- 19) WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can spread among hurnans through respiratory transmission and presents with symptoms similar to those of influenza; and WHEREAS, on March 1, 2020, 1 issued Executive Order number 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of lorida as a result of COVID- 19; and WHEREAS. on March 9, 2020. 1 issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID- 19; and WHEREAS. on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC"') issued the 15 Days to Slow the Spread guidance advising individuals to adopt far-reaching social distancing measures, such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, as Governor, I am responsible for meeting the dangers presented to this state and its people by this emergency. NOW, THEREFORE, 1, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV.. Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. Bars, Pubs and Nightclubs A. Pursuant to sections 252.36(5)(g) -(h), Florida Statutes, any licensee authorized to sell alcoholic beverages for consumption on premises that derive more than 50% of its gross revenue from the sale of alcoholic beverages shall suspend all sale of alcoholic beverages for thirty days from the date of this order, effective at 5 p.m. today, March 17, 2020. B. The Department of Business and Professional Regulation shall utilize its authorities under Florida law to further implement and enforce the provisions of this Section and shall take additional measures with respect to bars, pubs and nightclubs as necessary to protect the public health, safety and welfare. Section 2. Beaches Pursuant to section 252.36(5)(k), Florida Statutes, I direct parties accessing public beaches in the State of Florida to follow the CDC guidance by limiting theirs gatherings to no more than 10 persons, distance themselves from other parties by 6 feet, and support beach closures at the discretion of local authorities. Section 3. Restaurants A. Pursuant to section 252.36(5)(8), Florida Statutes, a restaurant shall immediately limit its occupancy to 50% of its current building occupancy. B. Pursuant to section 252.36(5)(8), Florida Statutes, a restaurant shall follow the CDC guidance by ensuring, at minimum, a 6 -foot distance between any group of patrons and limiting parties to no more than 10 individuals. C. The Department of Business and Professional Regulation shall ensure all restaurants implement employee screening and prohibit any employee from entering the restaurant premises if they meet any of the criteria listed below: 2 1) Any person infected with COVID-19 who has not had two consecutive negative test results separated by 24 hours, 2) Any person showing., presenting signs or symptoms of, or disclosing the presence of a respiratory infection, including cough, fever, shortness of breath or sore throat; 3) Any person who has been in contact with any person(s) known to be infected with COVID-1 9. who has not yet tested negative for COVIN -19 within the past 14 days; 4) Any person who traveled through any airport within the past 14 days,: or 5) Any person who traveled on a cruise ship within the past 14 days. D. The Department of Business and Professional Regulation shall utilize its authorities under Florida law to further implement and enforce the provisions of this Section and shall take additional measures with respect to bars, pubs and nightclubs as necessary to protect the public health. safety and welfare. For purposes of this section, "restaurant" shall include any Food Service Establishment. licensed tinder Chapter 500, Florida Statutes, and Public Food Service Establishment, licensed under Chapter 509, Florida Statutes, Section 4. This Executive Order shall expire thirty days f'rom this date unless extended. U1011SLOM UjAIMMI&M &M, IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of'the State of Florida.��J�edA�Tallahassee. this 17th day of RON 3 WS RM CITY OF Item No. S�14FOIDXTX..f FLORIDA CITY COMMISSION MEMORANDUM 20-061 MARCH 19, 2020 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Anthony E. Raimondo, Deputy Chief of Police And Lonnie N. Groot, Assistant City Attorney SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Emergency Ordinance No. 2020-4549; COVID-19 Outbreak STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of Emergency Ordinance No. 2020-4549 relating to protection of the public from the Novel Coronavirus Disease (COVID-19) is proposed. Two options are being proposed: (1) Prohibits certain persons associated with COVID-19 from entering City facilities; and (2). In addition to the foregoing (1) enforces the Governor's Executive Order 20-68 relating to bars and nightclubs, and restaurants located within the City. FISCAL/STAFFING STATEMENT: The City will continue to operate under its budget. As in any emergency, the City will seek appropriate assistance from Federal, State and County governments as may be available including, but not limited to, funding. BACKGROUND: A separate agenda item before the City Commission at its emergency meeting relates to the overall declaration of a state of emergency and the implementation of emergency powers in conjunction with the actions of the National government through by President Trump and the State by Governor DeSantis. Proposed Emergency Ordinance No. 2020-4549 is presented in 2 options, one of which can be selected for enactment by the City Commission in its judgment. The 2 options are summarized as follows: OPTION 1: As is being done in some judicial circuits with regard to entry into courthouses, the proposed Emergency Ordinance No. 2020-4549 prohibits any person who is exhibiting an infection with the Novel Coronavirus Disease (COVID-19) or who has travelled to an area subject to travel restrictions as a result of COVID-19 or who has been in contact with another person who is suffering the effects of COVID-19 from entering any City facility without the express written consent of the City Manager. This option also accomplishes that which is done in Option 1, but also provides a local ordinance authority relative to potential violations of Governor's Executive Order 20-68 relating to bars and nightclubs, and restaurants located within the City and, thus: (1). In accordance with the provisions of Executive Order 20-68 all bars and nightclubs located within the City must close for the 30 -day period set forth in the Executive Order and provides that such establishments are off limits during that time period. (2). In accordance with the provisions of Executive Order 20-68 all restaurants located within the City must limit customer entry to 50% of capacity with seating staggered and limited to ensure seated parties are separated by a distance of at least 6', in accordance with the guidelines of the Federal Center for Disease Control. It should be noted that Section 252.50, Florida Statutes, makes it a second degree misdemeanor to violate any provision of certain sections of Chapter 252, Florida Statutes, as well as rules or orders made pursuant to those statutory provisions. LEGAL REVIEW: The optional versions of proposed Emergency Ordinance No. 2020-4549 were drafted by the Assistant City Attorney who has assisted in the development of this agenda item. RECOMMENDATION: City staff recommends that the City Commission choose a version of proposed Emergency Ordinance No. 2020-4549 and enact the same. SUGGESTED MOTION: "I move to approve Emergency Ordinance No. 2020-4549 Option 1 OR Option 2." Attachments: 0). Emergency Ordinance No. 2020-4549 (2 options). (2), Executive Order 20-68 issued by Governor DeSantis.