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
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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
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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
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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):
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CGis ilan Gowan,Interim City Clerk cG %
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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
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