Legal Notices for April 3, 2020

Posted on April 3, 2020

Introduced: March 17, 2020
Advertised: Not Applicable
First reading: March 17, 2020
Public hearing: March 17, 2020
Passage: March 17, 2020
Effective date: Upon Passage
Pages: Six (6)
EMERGENCY ORDINANCE
NO. 2020-1
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PERRY, FLORIDA, DECLARING A STATE OF EMERGENCY WITHIN THE CITY OF PERRY IN ACCORDANCE WITH THE DECLARATION OF EMERGENCY BY THE GOVERNOR; ADOPTING EMERGENCY REGULATIONS TO ADDRESS PREPA-RATION, MANAGEMENT, AND MITIGATION OF THE COVID-19 THREAT; PROVIDING FOR NON­ CODIFICATION, SEVERABILITY, AN EFFECTIVE DATE, AND AN EXPIRATION DATE.
WHEREAS, a respiratory illness due to a novel coronavirus (a disease now known as COVID-19), was first identified in Wuhan City, Hubei Province, China, and has spread outside of China, impacting many countries, including the United States; and
WHEREAS the State of Florida has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC), with the United States Health and Human Services Agency, and with local health departments since December 2019 to monitor and plan for the potential spread of COVID-19 to the United States; and
WHEREAS, on January 23, 2020, the CDC activated its Emergency Response System to provide ongoing support for the response to COVID-19 across the country; and
WHEREAS, on March 1, 2020, Governor Ron DeSantis of the State of Florida issued Executive Order No. 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 Florida as a result of COVID-19; and
WHEREAS, on March 7, 2020, Governor Ron DeSantis of the State of Florida directed the Director of the Division of Emergency Management to activate the State Emergency Operations Center to Level 1 to provide coordination and response to the COVID-19 emergency; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis of the State of Florida issued Executive Order No. 20-52 declaring a state of emergency within the State of Florida in response to the COVID-19 Public Health Emergency; and
WHEREAS, in accordance with § 2S2.38, Florida Statutes, Executive Order No. 20-S2 authorizes the City to waive the procedures and formalities otherwise required of the City by law pertaining to (1) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; (2) Entering into contracts (however, the City is cautioned against entering into time and materials contracts without ceiling as defined in 2 CFR 200.318(j) or cost plus percentage contracts as defined by 2 CFR 200.323(d)); (3) Incurring obligations; (4) Employment of permanent and temporary workers; (5) Utilization of volunteer workers; (6) Rental of equipment; (7) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and (8) Appropriation and expenditure of public funds;
WHEREAS, § 252.38(3), Florida Statutes, authorizes the City of Perry to declare a state of local emergency and to waive the procedures and formalities otherwise required of political subdivisions by law; and
WHEREAS, § 166.041(3)(b), Florida Statutes, permits the City to, by a 2/3 vote of the City Council, enact an emergency ordinance without complying with the noticing and hearing requirements of § 166.041(3)(a), Florida Statutes; and
WHEREAS, § 2.14 of the City’s Charter further permits the Council, by an affirmative 4/5 vote of the total Council, to enact ordinances dealing with emergencies at the meeting in which such ordinances are introduced; and
WHEREAS, § 2.14 of the City’s Charter further provides that ordinances relating to emergencies that affect life, health, property, or the public peace may be temporarily effective for a period of not more than sixty (60) days from the date of their passage, but may be extended by re-enacting the same; and
WHEREAS, § 870.044, Florida Statutes provides that the City may designate a city official (hereinafter “Designated Official”) who shall be empowered to declare a state of emergency in writing and file a copy thereof in the office of the municipal clerk or clerk of the circuit court and delivered to appropriate news media for publication; and
WHEREAS, § 870.043, Florida Statutes further provides that upon declaration of a state of emergency, the Designated Official may then or subsequently by further proclamation order and promulgate all or any emergency measures, including, but not limited to: (1) the establishment of curfews, including restrictions on pedestrian and vehicular movement, excepting any restrictions upon emergency first responders, repair crews, and physicians; and (2) the closing of places of public assembly with designated exceptions; and
WHEREAS the Florida Department of Public Health has been in regular communication with hospitals, clinics and other health providers and has provided guidance to health facilities and providers regarding COVID-19; and
WHEREAS experts anticipate that while a high percentage of individuals effected by COVID-19 will experience mild flu-like symptoms, some will have more serious symptoms and require hospitalization, particularly individuals who are elderly or already have underlying chronic health conditions; and
WHEREAS it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases in Perry, to implement measures to mitigate the spread of COVID-19, and to prepare to respond to an increasing number of individuals requiring medical care and hospitalization; and
WHEREAS the City must use all available preventative measures to combat the spread of COVID-19, which will require access to services, personnel, equipment, facilities, and other resources, potentially including resources beyond those currently available, to prepare for and respond to any potential cases and the spread of the virus; and
WHEREAS the conditions caused by COVID-19 are likely to require the combined forces of a mutual aid; and
WHEREAS the term “City of Perry Emergency Director” as used elsewhere herein shall mean first, the mayor: then, if he is unwilling or unable to act in said capacity, the city manager: then if he is unwilling or unable to act in said capacity the chief of police; and
WHEREAS, the City finds that this Ordinance is in the interests of the public health, safety, and welfare.
NOW, THEREFORE, BE IT ENACTED BY THE CITY OF PERRY, FLORIDA:
SECTION 1. Recitals. The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. Declaration of Emergency. The City Council of the City of Perry finds, due to those reasons enumerated in the Recitals above, that a State of Emergency is hereby declared to exist within the City of Perry immediately upon the effective date of this ordinance. The City Council therefore makes this formal declaration of a State of Emergency, which shall continue until the expiration of (a) the Florida Governor’s Executive Order No. 20-52, as may be extended by the Governor, (b) 60 days passage of time unless re-enacted, or (c) earlier terminated by the City.
SECTION 3. Emergency Powers
A. In accordance with applicable statutory, executive, and common law authority, the City Council hereby elects to suspend the effect of any statute, ordinance, procedure, rule or order, to the extent necessary to procure any and all necessary supplies, commodities, services, temporary premises, and other resources, including, but not limited to, any and all statutes, rules, ordinances, or orders affecting budgeting, leasing, printing, purchasing, travel, and the condition of employment and compensation of employees, provided that any such statute, ordinance, rule, or order is suspended only to the extent necessary to ensure timely performance of response to and mitigation of the COVID-19 virus. To this end, the City Council opts to waive ·those procedures and formalities otherwise required of the City as authorized by § 4 D of the Governor’s Executive Order # 20-52, which order is incorporated herein by reference.
B. In addition to those powers granted to the City of Perry Emergency Director pursuant to City Charter and the City of Perry Code of Ordinances, the Council further authorizes the City of Perry Emergency Director to have the authority on behalf of the City to execute contracts with third parties and other governmental agencies as deemed necessary to prepare for and mitigate and counteract the ill effects of the declared emergency. Any emergency contracts so executed shall be limited to the purpose of mitigating or otherwise managing the emergency declared and shall not obligate the City to the purchase of products or services beyond the timeframe of such emergency.
C. The City shall have the right to exercise any of the powers specifically provided to local governments pursuant to § 252.38, Fla. Stat., and authorizes and directs City of Perry Emergency Director to execute those activities deemed necessary to respond to and mitigate the effects and conditions attributable to COVID-19 and any other related adverse health conditions concomitantly impacting the City. For the purpose of carrying out COVID-19 mitigation, the City of Perry Emergency Director is directed and encouraged to seek assistance from any and all applicable federal, state, and local agencies that may be capable of providing medical services, compensation, or reimbursement to the City.
D. The City of Perry Emergency Director has the right to determine a threat to public health and safety that may result from COVID-19 and that the contagious nature of such virus constitutes a hazardous environment for the citizens of Perry. To such end, the City of Perry Emergency Director shall have the authority to close public spaces or otherwise cancel, rescind, close, or postpone any special events, assemblies, or gatherings scheduled or unscheduled within the City where COVID-19 maybe spread or otherwise transmitted to others. The City of Perry Emergency Director may further close any public offices, facilities, parks, or buildings of the City or otherwise limit access thereto to further assist in any quarantine efforts. To assist in maintaining safe and sanitary living and functioning conditions and protect property from immediate threat, the City of Perry Emergency Director shall have the power, but not the obligation, to authorize and issue sanitary processes and supplies to reduce or otherwise mitigate potential sources of contagion. The City of Perry Emergency Director is further authorized to enter into temporary lease or license agreements for real property which is necessary for creating and operating temporary medical staging areas to process, quarantine, and/or other-wise treat any persons diagnosed with or suspected of being infected by COVID-19.
E. The City of Perry Emergency Director shall have the authority to authorize the City or the City’s contracted agent(s) right of access to private roads or gated communities as needed by emergency vehicles such as, but not limited to, police, fire, medical care, and sanitation to alleviate immediate threats to public health and safety.
F. During the state of emergency declared by this Ordinance, the City of Perry Emergency Director has the power to invoke any or all of the following prohibitions or restrictions:
(1) Restrictions. In the interest of protecting citizens and property during a declared state of emergency, the City of Perry Emergency Director may apply additional restrictions contained in this subsection to certain neighborhoods, subdivisions, or sections of the City impacted or threatened by a disaster.
(2) Restricted Access Areas. No person may enter an area designated as a Restricted Access Area by the City of Perry Emergency Director unless he is in performance of his official governmental duties, has written permission of the City of Perry Emergency Director or his designee, or resides in such area.
(3) Curfew. If it is necessary to preserve peace and order within the City, the City of Perry Emergency Director may impose a curfew for a restricted area or the entire City as required by the circumstances surrounding a declared state of emergency. Such curfew shall not apply to persons in the bona fide performance of designated essential services such as fire, police, medical and physician services, public service, government, or government-contracted employees in the execution of their delegated duties, or other employees, with verifiable identification, traveling to and from their place of employment.
(4) Notice of Restrictions. Should the City of Perry Emergency Director or his designee invoke any or all of the foregoing provisions contained in this subsection F, he shall inform City staff, law enforcement, and emergency personnel of such and provide local news media with written notification thereof for immediate dissemination to the public.
G. During this declared state of emergency, all procedural and notice time periods affecting the normal functions of the City, including those set forth in ordinances and rules of the City, to the extent such requirements cannot be complied with due to the emergency, shall be temporarily suspended during the emergency. Such functions include, but are not limited to, permitting, development applications, code enforcement matters, and other municipal review and approval procedures.
SECTION 4. Non-Codification. Given the temporary nature and effect of this Ordinance, it is the intent of the City Council that this Ordinance will not be codified.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance.
SECTION 6. Conflicts in the event of a conflict or conflicts between this Ordinance and any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law.
SECTION 7. Effective Date. This Ordinance shall become effective immediately and expire coterminous with Executive Order No. 20-52, issued by the Governor of the State of Florida, including any extensions thereof, unless earlier terminated by the City Council.
BE IT SO ORDAINED, by affirmative vote of five of the five City Council Members of the City Council of the City of Perry, Florida, in a special emergency meeting assembled on the 17th day of March, 2020.
Alan Hall, Mayor
Taylor Brown, Clerk of the City Council

CITY OF PERRY, FLORIDA
EMERGENCY ORDER NO. 2020-1
SUBSEQUENT TO DECLARATION OF EMERGENCY (COVID-19)
WHEREAS, Governor Ron DeSantis has issued Executive Order 20-51 on March 1, 2020 declaring a public health emergency as the result of the spread of the COVID-19 virus; and
WHEREAS, as the virus spread, Governor DeSantis issued Executive Order 20-52 on March 9, 2020 declaring a general state of emergency in all the of the state; and
WHEREAS, President Donald Trump has declared a National State of Emergency on March 13, 2020 due to the COVID-19 virus; and
WHEREAS, the World Health Organization has determined that the COVD-19 virus is a global pandemic; and
WHEREAS, there is no vaccine to prevent the spread of the virus, and the virus has the potential to overwhelm the healthcare system unless the transmission of the virus is reduced by limiting the opportunities for the virus to be spread from person to person; and,
WHEREAS, the Department of Health and the Centers for Disease Control have issued certain guidance restricting the size of gatherings and such guidance continues to change on a rapid basis; and
WHEREAS, as of March 17th, 2020, the United States has 4,226 confirmed cases, and 75 deaths. The State of Florida has 160 confirmed cases, and 5 deaths; and
WHEREAS, the number of suspected and diagnosed cases in the State of Florida and specifically Taylor County is expected to climb; and,
WHEREAS, a major contributor to the spread of the virus is through transmittal by way of travel, and US Highway 19, US Highway 27, and US Highway 98 intersect in the City of Perry and have a major presence within the City of Perry; and
WHEREAS, the City Council of the City of Perry declared a state of emergency by way of Emergency Ordinance 2020-1 on March 17th 2020, authorizing certain actions pursuant to Governor DeSantis’ Executive Order 20-52, Florida Statutes § 252, Florida Statutes § 870, the City of Perry Charter, and the City of Perry Code of Ordinances; and
WHEREAS, the City Council of the City of Perry, in Emergency Ordinance 2020-1, designated and empowered an “Emergency Director’’ to be able to enter Emergency Orders pursuant to law including, but not limited to, orders to close public spaces or otherwise cancel, rescind, close, or postpone any special events, assemblies, or gatherings scheduled or unscheduled within the City where COVID-19 may be spread or otherwise transmitted to others.
NOW THEREFORE, I, as the City of Perry’s designated Emergency Director, in accordance with the powers vested in me pursuant to Emergency Ordinance 2020-1, Governor DeSantis’ Executive Order 20-52, Florida Statutes § 252, Florida Statutes § 870, the City of Perry Charter, and the City of Perry Code of Ordinances; and based upon the above, order, pursuant Florida Statutes §§ 870.041-870.047 and pursuant to§§ 252.31-252.90, as follows:

1. All City of Perry parks and playgrounds are to be closed starting at 9am, Friday, March 27, 2020, with the exception of the paved walking trails located at Loughridge and Rosehead Parks, which will remain open for individuals and small groups of less than 10 people who are actively walking/exercising, and maintaining a distance of 6 feet of space between individuals. Any person violating any executive order issued pursuant to this Order or any person who willfully fails or refuses to comply with the order or orders of any duly authorized law enforcement officer charged with the responsibility of the enforcement of such order or orders shall, upon an emergency situation is a second-degree misdemeanor pursuant to 252.50. Florida Statutes and any violation of a provision of 870.041-870-047 or of any emergency measure established pursuant thereto shall be a misdemeanor of the first degree, punishable as provided in 775.082 or 775.083 pursuant to Florida Statutes 870.048.
   Done and ordered at Perry, Taylor County, Florida, on this 26th Day of March 2020.
   Alan Hall, Mayor