HomeMy WebLinkAboutResolution 2021-19 Repealing Declaration of Emergency for COVID-19 RESOLUTION NO. 2021-19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS FLORIDA; REPEALING CITY COMMISSION
RESOLUTION NO: 2020-06 WHICH PREVIOUSLY AFFIRMED
AND RATIFIED A DECLARATION OF CIVIL EMERGENCY AND
RELATED EMERGENCY EXECUTIVE ORDERS RELATED TO
COVID-19; PROVIDING FOR SEVERASILITY, REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE
DATE.
WHEREAS, Resolution No. 2020-06 was adopted in accordance with, and in reliance
upon,the emergency powers vested in the City of Winter Springs pursuant to Chapter 252,Florida
Statutes, Chapter 2 of the City Code and other applicable law (hereinafter referred to as "City's
Emergency Powers"); and
WHEREAS, the reopening of the State of Florida is now substantially underway and
previously adopted COVID-19 restrictions have been lifted, suspended or terminated by the State
of Florida and other government agencies; and
WHEREAS,on May 3,2021,Governor DeSantis issued two Executive Orders suspending
or invalidating local government emergency actions based on the COVID-19 state of emergency
with the intent to protect the rights and liberties of individuals,accelerate the State's recovery from
the crisis, and mitigate the adverse and unintended consequences of the emergency; and
WHEREAS,Executive Order 21-102 suspends, effective May 3,2021, all local Covid-19
"restrictions and mandates on individuals and businesses" and further prohibits a municipality or
county from renewing or enacting emergency orders or emergency ordinances using a local state
of emergency or using the emergency enactment procedures under Chapters 125, 166, or 252,
Florida Statutes, that imposes restrictions or mandates upon businesses or individuals due to the
COVID-19 emergency; and
WHEREAS, Executive Order 21-101, effective July 1, 2021, provides any emergency
order issued by a political subdivision(municipality or county) due to the COVID-19 emergency
which restricts the "rights or liberties of individuals or their businesses" is invalidated; and
WHEREAS,during the 2021 Legislative Session,the Florida Legislature enacted Chapter
2021-8, Laws of Florida, which provides, effective July 1, 2021, that"emergency orders" issued
by a political subdivision in response to an emergency pursuant to Chapter 252 or Chapter 381,
Florida Statutes (excluding in response to hurricanes or other weather-related emergencies) that
limit the rights or liberties of individuals or businesses are prohibited; and
WHEREAS, in consideration of the recent adoption of the aforementioned Executive
Orders and Chapter 2021-8, Laws of Florida, the City Commission hereby finds that the
Declaration of Emergency and related Emergency Executive Orders ratified and affirmed by the
City of Winter Springs
Resolution 2021-19
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City Commission under Resolution No. 2020-06 are no longer needed and should be terminated;
and
WHEREAS, the City Commission of the City of Winter Springs deems that this
Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,FLORIDA,AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct
and are hereby fully incorporated by this reference.
Section 2. Terminating the Civil Declaration of Emergency. Pursuant to Section 2-256-4
of the City Code,the City Commission hereby terminates the Declaration of Civil Emergency and
related Emergency Executive Orders affirmed and ratified by the City Commission pursuant to
Resolution No. 2020-06 effective immediately upon adoption of this Resolution.
Section 3. Repeal of Prior Inconsistent Resolutions. Resolution 2020-06 and all other
prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the
conflict.
Section 4. Severability. If any section,subsection,sentence,clause,phrase,word,or portion
of this Resolution 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 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 12'h day of July, 2021.
KEVIN McCANN,Mayor
ATTEST-
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CH ISTIAN GOWAN, City Clerk
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Approved as to legal form and sufficiency for �►11; �A]' .' •,jP
the of Winter Springs only: Q�
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ANTHONY A. GARGANESE, City Attorney •' �
City of Winter Springs
Resolution 2021-19
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