CITY COUNCIL AGENDA ITEM
Memo Date: May 4, 2021
Agenda Date: May 11, 2021
Prepared By: Matthew Fuhrer, Assistant City Manager
Through: Stockton Whitten, City Manager
Requested Action:
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Review State of Florida Executive Orders Number 21-101 and 21-102 invalidating all emergency order issued by a political subdivision of the State due to the COVID-19 emergency which restricts the rights or liberties of individuals or their businesses and suspending, eliminating and superseding all remaining local government mandates and restrictions upon businesses and individuals based on the COVID-19 State of Emergency and take action necessary regarding the local face covering emergency ordinance no. 13-2020, resolution 2020-146 expanding outdoor dining options, and safety plan approvals for special events at City facilities.End
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BACKGROUND:
On Monday May 3, 2021, Governor Ron DeSantis signed Executive Orders Numbers 21-101 (invalidating all emergency order issued by a political subdivision of the State due to the COVID-19 emergency which restricts the rights or liberties of individuals or their businesses) and 21-102 (Suspending All Remaining Local Government Mandates and Restrictions Based on the COVID-19 State of Emergency) in order to enhance the rapid and orderly restoration and recovery from the COVID-19 emergency by preempting and suspending all remaining local emergency restrictions on individuals and businesses and to return day-to-day life back to normal everywhere in the state. Effective May 3, all emergency orders issued by the City Council in reliance on emergency powers under chapter 252 and Chapter 166, Florida Statutes have been suspended if those orders impose restrictions and mandates on individuals and businesses due to the COVID-19 emergency. The order also states existing local emergency orders are eliminated and superseded if they impose restrictions and mandates on individuals and businesses.
The Executive Order is to serve as a “bridge” to the July 1, 2021 effective date of Senate Bill 2006. The Senate Bill signed into law by the Governor imposes additional restrictions on local governments ability to enact future emergency orders that infringe on the rights or liberties of Floridians beyond just COVID-19. The following list summarizes the changes effective July 1.
• Requires the governmental entity imposing an ordinance or other measure that deprives a person of a right or liberty to prove that the measure is “narrowly tailored” to address a “compelling public health or safety purpose”;
• Authorizes the Governor to invalidate an order that “unnecessarily restricts individual rights or liberties”; and
• Limits the duration of emergency orders to 7 days, with the option to renew the orders up to 5 times.
Given Executive Order Number 21-102, Staff is requesting direction on several COVID-19 related emergency measures adopted by the City Council as follows:
Emergency Ordinance No. 13-2020 Requiring Face Coverings.
On Wednesday, August 12, 2020 the City of Cocoa passed Emergency Ordinance no. 13-2020 requiring face coverings in places open to the public inside the City limits of Cocoa consistent with the Centers for Disease Control (CDC) and Florida Department of Health (FLDOH) guidelines to help slow the spread of the COVID-19 virus locally. The ordinance has since been extended by the Cocoa City Council through July 13th 2021 and subject to continual review.
Due to the Executive Order, the City’s Emergency Ordinance requiring face coverings in places open to the public inside the City limits was suspended and eliminated on May 3, 2021 and no action by the City Council is required at this time. City Council could consider approval of a non-binding resolution urging the public to utilize face coverings in public places within the City of Cocoa as previously adopted.
Resolution No. 2020-146 - Outdoor Seating for Restaurants.
The Executive Order signed by Governor Desantis does not impact the City’s Resolution to expand outdoor dining areas. The expanded outdoor dining resolution was not enacted through the use of the City’s emergency powers under chapter 252 and Chapter 166, Florida Statutes and no action is necessary at this time. The current resolution is effective through June 30, 2021.
Social Gatherings - Public Special Events.
On June 10,2020 Cocoa City Council requested that all public special events at City facilities submit a COVID-19 safety plan to the Leisure Services Director and the Emergency Management Director as a condition for event approval and to allow events to continue safely in City facilities. The plan outlines measures being taken by the event organizer to ensure public safety and mitigate against the spread of the coronavirus at events on City property. A number of events have been held at City facilities throughout this time that have enacted safety protocols. With the signing of the recent executive order, the face covering requirement at events can no longer be imposed. Council will need to consider the continuation of the requirement of a COVID safety plan for special events moving forward.
STRATEGIC PLAN CONNECTION:
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BUDGETARY IMPACT:
PREVIOUS ACTION:
On Wednesday, August 12, 2020 the City of Cocoa passed Emergency Ordinance no. 13-2020 requiring face coverings in places open to the public inside the City limits of Cocoa consistent with the Centers for Disease Control (CDC) and Florida Department of Health (FLDOH) guidelines to help slow the spread of the COVID-19 virus locally. The Ordinance is subject to periodic review an approved to return for City Council review on July 13, 2021.
On Wednesday, May 6, 2020, Cocoa City Council approved Resolution 2020-146 establishing a limited permit-outdoor seating area for local restaurants to be able to expand dining options for patrons while under the seating capacity limitations ordered by the State. The Resolution was extended on February 23, 2021 until June 30, 2021.
On June 10, 2020 Cocoa City Council requested that all public special events at City facilities submit a COVID-19 safety plan to the Leisure Services Director and Emergency Management Director for event approval. The plan would outline measures being taken by the event organizer to ensure public safety and mitigate against the spread of the coronavirus at events on City property.
RECOMMENDED MOTION:
Recommendation
Review State of Florida Executive Orders Number 21-101 and 21-102 invalidating all emergency order issued by a political subdivision of the State due to the COVID-19 emergency which restricts the rights or liberties of individuals or their businesses and suspending, eliminating and superseding all remaining local government mandates and restrictions upon businesses and individuals based on the COVID-19 State of Emergency and take action necessary regarding the local face covering emergency ordinance no. 13-2020, resolution 2020-146 expanding outdoor dining options, and safety plan approvals for special events at City facilities