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HomeMy WebLinkAboutCOVID-19 Declaration of Civil Emergency - 2020 04 02 BY ORDER OF THE MAYOR OF CITY OF WINTER SPRINGS DECLARATION OF CIVIL EMERGENCY WHEREAS, Coronavirus Disease 2019 (COVID-19) is a severe, acute respiratory illness that appears to occur through respiratory transmission and presents symptoms similar to those of influenza; and WHEREAS, The Centers for Disease Control and Prevention recommends that all states and territories implement aggressive measures to slow and contain transmission of COVID-19 in the United States; and WHEREAS, on January 30, 2020, the World Health Organization declared a public health emergency of international concern related to COVID-19; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on Monday, March 1, 2020, Governor Ron DeSantis issued Executive Order 20-51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary and, therefore, directed that a State of Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary and, therefore, directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 2, 2020, the Seminole County Chairman executed Executive Order 2020-001, declaring a Local State of Emergency under the provisions of Chapter 72, Seminole County Code, due to the serious health threat to those within the County arising from and related to COVID-19; and WHEREAS, the Local State of Emergency has been extended three (3) times by Executive Order No. 2020-002, 2020-003, and 2020-005 due to the ongoing health threat to those within the County related to COVID-19; and WHEREAS, on March 24, 2020, Governor Ron DeSantis issued Executive Order 20-83, directing the State Surgeon General and State Health Officer to issue a public health advisory to all persons over 65 years of age and to all persons that have a serious underlying medical condition that places them at high risk of severe illness from COVID-19, urging them to stay home and to take other measures as necessary to limit their risk of exposure to COVID-19; and WHEREAS, Executive Order 20-83 also directs that the State Surgeon General and State Health Officer issue a public health advisory against all social or recreational gatherings of 10 or more people and to urge all who can work remotely to do so; and City of Winter Springs Mayor Declaration of Emergency—COVID-19 Page 1 of 4 WHEREAS, the Centers for Disease Control and Prevention ('CDC" also currently recommends that all events in the United States of 10 or more people should be cancelled or held virtually, staying at home when sick, keeping away from others who are sick, and staying at home when a household member is sick with respiratory disease symptoms or if instructed to do so by public health officials or a health care provider; and WHEREAS, on March 31, 2020, the City Manager of the City of Winter Springs, pursuant to his authority under Sections 2-253 and 2-254 of the City of Code, issued Executive Order 2020-01, which constituted concurrence by the City of Winter Springs of the enforcement of Seminole County Executive Order 2020-08 within the jurisdictional limits of the City of Winter Springs, which requires social distancing and adherence to The Centers for Disease Control and Prevention guidelines throughout Seminole County; and WHEREAS, on April 1, 2020, Governor Ron DeSantis Issued Executive Order 20-91, which states that senior citizens and individuals with a significant underlying medical condition shall stay at home and take all measures to limit the risk of exposure to COVID-19 and that all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities through April 30, 2020; and WHEREAS, COVID-19 continues to pose an imminent risk to healthcare workers, first responders, and emergency medical services workers caring for patients with COVID-19 and to residents, employees and businesses in the City of Winter Springs and neighboring communities; and WHEREAS, Chapter 252.38(3)(a), Florida Statutes, provides authority for a political subdivision such as the City of Winter Springs to declare a state of local emergency and to exercise certain powers and authority to safeguard the lives and property of its citizens; and WHEREAS, pursuant to Section 2-255 of the City Code of the City of Winter Springs, Florida, the Mayor shall have the right to declare a civil emergency provided the declaration is in writing in the event the City Commission cannot be convened a meeting in a timely manner to address the civil emergency; and NOW, THEREFORE, BE IT DECLARED PURSUANT TO POWER VESTED IN ME, AS MAYOR OF THE CITY OF WINTER SPRINGS, FLORIDA UNDER SECTION 2-255, that COVID-19 poses a serious threat to the lives and property of the residents of the City of Winter Springs and that a state of local emergency is declared effective this 2nd day of April, 2020 for all the territory within the legal boundaries of the City of Winter Springs. SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this resolution. City of Winter Springs Mayor Declaration of Emergency—COVID-19 Page 2 of 4 SECTION 2. As Mayor, 1 hereby authorize the City to exercise its authority and powers pursuant to Florida Statutes 252.38(3)(x) and Chapter 2, Article VII, of the City Code, and under the direction of the city manager and police chief to the extent necessary to protect the public health, safety and welfare and the best interests of the City of Winter Springs, which Include the authority and powers to take whatever steps are necessary pursuant to the authority granted under Section 2-255 of the City Code to protect the public health, safety and welfare, and the City shall have the power and authority to enforce all executive emergency orders promulgated by the federal, state and Seminole County Government (including the Seminole County Sheriff) related to COVID-19 within the jurisdictional limits of the City of Winter Springs, Florida. SECTION 3. All public officials and employees of the City of Winter Springs are hereby directed to exercise the utmost diligence in the discharge of the duties required of them for the duration of the emergency and in the execution of emergency laws, regulations and directives, state and local. SECTION 4. All citizens are called upon and directed to comply with the necessary emergency measures, to cooperate with public officials and civil emergency disaster service fords in executing the emergency operational plans, and to obey and comply with the lawful directions of properly identified public officers. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this declaration is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This declaration shall become effective immediately upon the execution of this declaration by the undersigned and shall remain in effect until terminated by the undersigned or the City Commission in writing. SECTION 7. Notice to the City Commission.The City Clerk or City Manager is hereby directed to provide a copy of this declaration to all members of the City Commission, City Manager, City Attorney, City Department Directors, and other appropriate government officials. This declaration of a state of emergency and all emergency regulations and actions activated under the provisions of Chapter 2, Article VII, City Code shall be confirmed by the city commission by resolution within five (5) working days of such declaration or at the next regularly scheduled meeting of the city commission, whichever occurs first, unless the nature of the emergency renders a meeting of the city commission extremely impractical. City of Winter Springs Mayor Declaration of Emergency—COVID-19 Page 3 of 4 DECLARED by the Mayor of the City Commission of the City of Winter Springs, Florida, this 2nd day of April, 2020. Charles Lace OP., , ATTEST(City Seal): Oj ED CGis ilan Gowan,Interim City Clerk cG % 4L VrY I Approved as to legal form and sufficiency for the City,of inter Springs only: A?V HONY A. GARGANESE,City Attorney City of Winter Springs Mayor Declaration of Emergency—COVID-19 Page 4 of 4