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AMENDMENT NO. 1 TO MIAMI-DADE COUNTY EMERGENCY ORDER NO. 26-20

WHEREAS, section 252.38(3)(a), Florida Statutes, gives political subdivisions the authority to declare and enact a State of Local Emergency for a period of up to seven days, thereby waiving the procedures and formalities otherwise required of the political subdivision by law; and

WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order No. 20-51, directing the State Health Officer and Surgeon General to declare a Public Health Emergency due to the discovery of coronavirus disease 2019 (COVID-19) in Florida; and

WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order No. 20-52, declaring a State of Emergency for the State of Florida related to COVID-19; and

WHEREAS, on March 12, 2020, the County Mayor declared a Local State of Emergency for all of Miami-Dade County related to COVID-19; and

WHEREAS, COVID-19 is transmitted by infected persons expelling respiratory droplets containing virus particles when they breathe, talk, cough, sneeze, or raise their voice, which are then ingested or inhaled by persons around them; and

WHEREAS, many persons infected by COVID-19 are contagious while they are asymptomatic, and can therefore spread the disease unwittingly; and

WHEREAS, prolonged close contact between people enhances the risk of spreading COVID-19; and

WHEREAS, COVID-19 cases have recently spread rapidly in Miami-Dade County; and

WHEREAS, currently, since March, nearly 40,000 County residents have tested positive for COVID-19, and 1,000 have died of the disease, including an eleven-year-old child; and

WHEREAS, COVID-19 poses a health risk to Miami-Dade County residents, particularly elderly residents and those who are immunosuppressed or otherwise have high-risk medical conditions; and

WHEREAS, the long term effects of COVID-19 on persons who recover are currently unknown; and

WHEREAS, hospital capacity and medical availability is diminishing as COVID-19 patients require hospitalization, which will limit the ability of hospitals to perform discretionary medical procedures and may impact the delivery of life saving services; and

WHEREAS, section 8b-7(2)(f) of the Code of Miami-Dade County authorizes the County Mayor to close businesses in areas of danger; and

WHEREAS, section 8b-7(2)(o) of the Code of Miami-Dade County authorizes the County Mayor to issue orders as are necessary to protect human life and health; and

WHEREAS, section 252.46, Florida Statutes, authorizes the County to issue emergency orders as necessary to protect life and health; and

WHEREAS, this amendment to Emergency Order 26-20 closes (i) outdoor amusement facilities and (ii) adult theaters, special cabarets, and unlicensed massage establishments as defined in section 847.001, Florida Statutes, as those facilities involve prolonged close contact between individuals,

THEREFORE, as County Mayor of Miami-Dade County, I hereby order:

A. Emergency Order 26-20 is replaced in its entirety by the following:
1. Commencing at 12:01 a.m., Saturday, July 4, 2020 and notwithstanding any other emergency order to the contrary, all of the following shall be closed in Miami-Dade County: (a) movie theaters, (b) concert houses, (c) auditoriums, (d) playhouses, (e) bowling alleys, (f) arcades, (g) indoor >>and outdoor<< amusement facilities >>and attractions<<, (h) casinos (except casinos on sovereign tribal land), >>and (i) adult theaters, special cabarets, and unlicensed massage establishments, as defined in section 847.001, Florida Statutes.<<
2. The provisions of this order shall serve as minimum standards. Municipalities may impose more stringent standards within their jurisdictions.
3. This order shall expire upon the expiration of the existing Miami-Dade County State of Local Emergency, provided, however, that if such State of Local Emergency is extended, this order shall also be deemed to be extended for the duration of such extension order. This order may be cancelled earlier by action of the County Mayor.
B. This amendment shall be provided to all appropriate media consistent with the requirements of section 8B-7(2)(n) of the Code of Miami-Dade County.