AMENDMENT 1 TO MIAMI-DADE COUNTY EMERGENCY ORDER 28-20
WHEREAS, section 252.38(3)(a), Florida Statutes, gives authority to political subdivisions 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 Number 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 Number 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 State of Local Emergency for all of Miami-Dade County; and
WHEREAS, on May 15, 2020, the County Mayor issued Emergency Order 23-20, which ordered the opening of certain retail and commercial establishments in accordance with the “The New Normal” Handbook; and
WHEREAS, to mitigate a surge in COVID-19 cases in Miami-Dade County, on July 2, 2020, the County Mayor issued Emergency Order 26-20 to close certain indoor and outdoor spaces where groups of people congregated without physical distancing, with additional amendments on July 3, 2020, July 9, 2020, and August 5, 2020; and
WHEREAS, actions taken at the beginning of July to close certain establishments, impose a curfew, and expand the application of physical distancing and facial covering requirements served to mitigate the spread of COVID-19 and reduce the daily positivity rate and the number of people in hospitals, in ICU beds, and on ventilators; and
WHEREAS, as positive case rates and hospitalizations due to COVID-19 in Miami-Dade County have stabilized and begun declining, the County will be allowing certain activities to resume that pose less of a threat for transmission of the virus; and
WHEREAS, Governor Ron DeSantis issued Executive Order 20-223 on September 11, 2020 declaring Miami-Dade County to be in Phase 2 starting on September 14, 2020; and
WHEREAS, plexiglass or other partitions do not substitute for social distancing in restaurants, casinos and other indoor entertainment venues; and
WHEREAS, this amendment allows movie theaters, concert houses, convention spaces, auditoriums, playhouses, bowling alleys, arcades, and indoor amusement facilities, subject to requirements of New Normal Guidebook; and
WHEREAS, this amendment allows for indoor consumption of food and beverages within movie theaters, concert houses, convention spaces, auditoriums, playhouses, bowling alleys, arcades, casinos, and indoor amusement facilities only in designated areas and subject to requirements of New Normal Guidebook); and
WHEREAS, the updated version of the New Normal Guidebook attached as Exhibit A to this amendment allows for live performances, provided performers are no less than ten feet from patrons at all times and such patrons observe such performances from tables or stationary seats; and
WHEREAS, the safety and welfare of all the residents of Miami-Dade County is paramount,
THEREFORE, as County Mayor of Miami-Dade County, I hereby order:
A. Emergency Order 28-20 is amended and restated as follows:
1. a. With the exception of establishments listed in paragraph 4 below, every retail and commercial establishment and any other establishment or facility (collectively, “establishment”) in Miami-Dade County is permitted to open, and remain open, provided that each such establishment complies with the following requirements at all times:
i. the requirements in paragraph 2 below;
ii. the applicable activity-specific requirements in the “Moving To A New Normal Handbook,” attached as Exhibit A, as amended (the “Handbook”);
iii. the facial covering requirements in Emergency Order 20-20, as amended; and
iv. the entry of County or municipal personnel onto the establishment’s property for the sole purpose of inspection for compliance with this order.
b. In the event that an establishment is not in compliance with (i) – (iv) above, the establishment shall immediately close. Before reopening, the owner or authorized agent of the establishment must comply with all of the following conditions:
i. Review this order, keep the establishment closed for a minimum of 24 hours, and take all necessary measures to come into compliance with the requirements of this order;
ii. Execute the attestation attached hereto as Exhibit B demonstrating that the review has been completed and the required measures have been taken; and
iii. Submit the executed attestation by email to [email protected] or by mail to Special Patrol Bureau/Incident Team, 1501 NW 79th Ave., Doral, FL 33126.
c. Each time that an establishment that has previously submitted an attestation pursuant to subparagraph (b) above is not in compliance with subparagraph (a) above or (d) below, such establishment shall close again. Before reopening a second or subsequent time, the owner or authorized agent of the establishment must comply with both of the following conditions:
i. Submit a compliance plan to the County; and
ii. Receive written approval by the County Mayor or County Mayor’s designee that the compliance plan is approved and that establishment may open.
d. Restaurants and other food service establishments with seating for more than eight people shall close for on-premises dining during the time periods when a curfew is in effect. Notwithstanding the foregoing, such establishments may operate their kitchens for the purpose of providing delivery services, pick-up or take out services while curfew is in effect. Employees, janitorial personnel, contractors and delivery personnel shall be allowed access to such establishments at all times.
2. As a condition of opening, all establishments shall, as set forth in the Handbook:
a. post United States Centers for Disease Control and Prevention (”CDC”) signage in public locations emphasizing measures to “Stop the Spread” and to exercise social responsibility;
b. train all personnel in new operating protocols and modifications to existing codes of conduct to deal with COVID-19 issues;
c. reduce seating in breakrooms and common areas to ensure a minimum physical distance of six feet between people, and where possible, establish a single point of entrance;
d. post a contact email address, telephone number or both for employees and customers to raise questions or concerns;
e. if faced with infection from on-site personnel, immediately report the number of infected persons, time of infection, and proposed remediation plan to the Florida Department of Health, as further specified in Exhibit A;
f. enhance sanitization of all common areas and frequent touch points;
g. place trash containers for facial coverings and other personal protective equipment near exits, entrances, and other common areas;
h. comprehensively clean establishments each night, including thoroughly disinfecting all frequent touch points and emptying all trash receptacles using solid waste bags that are double-bagged and securely sealed;
i. install hand sanitizer at entry points and throughout the property;
j. use reasonable efforts to ensure that on-site customers, employees, contractors, and vendors maintain appropriate social distancing, as recommended by the then-current CDC guidelines, which may include, but are not limited to, marking floors at appropriate intervals or providing other visible systems to identify the appropriate social distance; and
k. comply with any restrictions or requirements imposed pursuant to any Executive Order issued by the Governor, including, but not limited to, building capacity restrictions.
3. General Provisions:
a. No establishment is required to comply with the provisions listed as “recommendations” in the Handbook, but all businesses are strongly urged to follow those recommendations to the maximum extent possible. However, activity and site-specific restrictions and requirements listed in the Handbook in bold must be followed by all applicable establishments.
b. Where social distancing is required, such social distancing requirements shall not apply to members of the same family, defined as an individual and spouse, domestic partner, parents, children, or legal guardians who reside in the same household, and inclusive of children whose custody is shared between two parents in different households.
c. Plexiglass and other protective barriers do not substitute for social distancing requirements in restaurants, casinos and indoor amusement facilities
4. Bars, pubs, night clubs, cocktail lounges, cabarets, adult entertainment venues, hookah lounges, or breweries, remain closed, provided, however, that such venues, if licensed as a public food service establishment pursuant to chapter 509, Florida Statutes, may only sell food and alcoholic beverages for onsite consumption in conformance with the rules for restaurants set forth in the Handbook.
5. Any establishment that has an on-site employee or contractor who tests positive shall close until one of the following conditions is met:
a. the establishment is deep-sanitized, and employees who were in close contact with the positive employee or contractor (i) have been tested and cleared by a medical professional as being COVID-19 free or (ii) do not report to work for 14 days after the date the positive employee or contractor was last onsite; or
b. 14 days from the date such employee or contractor was last onsite at such establishment if deep-sanitization is not performed.
Where an establishment has multiple floors or structures, or has a square footage in excess of 10,000 square feet, only those structure(s), floor(s), or area(s) where the infected person was present are required to be deep-sanitized as a condition of re-opening, and only those employees working in such structure(s), on such floor(s), or who came into contact with the positive employee or contractor must be tested or must not report to work for 14 days after the date the positive employee was last on-site.
Under no circumstances shall an employee or contractor who has tested positive report to work at an establishment until that employee is cleared by a medical professional as being COVID-19 free.
6. Restaurants in the unincorporated municipal service area that comply with the foregoing requirements may also provide outdoor dining areas in accordance with the provisions set forth in Exhibit C.
7. This order does not affect or limit the operations of Miami-Dade County, any public utility, any municipality, the Miami-Dade County School District, or any state or Federal office or facility, except that such entities shall abide by the restrictions of any County, municipal, state or Federal emergency order, as applicable.
8. This order does not limit the number of persons who may be physically present at any religious service. Persons attending religious services are urged, but are not required, to practice social distancing, such as keeping six feet between persons and limiting group size to that necessary to accomplish physical distancing.
9. Notwithstanding any other emergency order and section 33-28(D)(3) of the Code to the contrary, in both the incorporated and unincorporated areas of Miami-Dade County, (a) the maximum daytime and overnight occupancy for short-term vacation rentals shall be up to a maximum of two persons per bedroom plus two additional persons per property not to exceed a maximum of ten persons, and (b), excepting short term vacation rentals where otherwise permitted that are located in structures operated in whole or in part as condominiums or hotels, new rental agreements shall not be entered into except on a monthly basis.
10. After a tropical storm or hurricane warning has been issued, or after a declaration of a state of emergency due to a tropical storm or a hurricane, for all or part of Miami-Dade County: (i) hotels, motels or other commercial lodging establishments may allow in-person dining at on-premises restaurants without limitation and may exceed social distancing requirements or capacity limitations in ballrooms and meeting rooms for the purpose of temporary sheltering or other emergency response purposes, and (ii) any facility designated as a shelter pursuant to any state, county, or municipal emergency management plan, and any county or municipal facility being used for emergency management purposes, shall be exempt from social distancing requirements or capacity limitation and may allow in-person dining without limitation at such facility. These provisions allowing for the lifting of restrictions to address the community’s needs to respond to a tropical storm or a hurricane shall only be in effect for the duration of the declared emergency or hurricane or tropical storm warning unless terminated earlier by executive order.
11. Miami-Dade County residents are encouraged to cooperate with contact tracing efforts, as contact tracing will allow the County to quickly respond to any increase in cases. Employers are encouraged to remind employees about the importance of cooperating with contact tracing efforts.
12. Movie theaters, concert houses, convention spaces, auditoriums, playhouses, bowling alleys, arcades, and indoor amusement facilities, may operate, provided the establishment: (1) complies with the COVID-19 safety plan for such establishment previously approved by Miami-Dade County; (2) complies with the current version of the New Normal Guidebook, as such may be amended from time to time; and (3) if such establishments allow eating or drinking on premises, provides specific and clearly marked locations where eating and drinking will be allowed.
B. The provisions of this order shall serve as minimum standards. Municipalities may impose more stringent standards within their jurisdictions.
C. All other prior emergency orders remain in effect except to the extent modified by this order. This order supersedes any conflicting provision of any prior order.
D. 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.
E. This order shall be effective as of 12:01 p.m., on Friday, September 18, 2020.
F. This order shall be provided to all appropriate media consistent with the requirements of section 8B-7(2)(n) of the Code of Miami-Dade County.
WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order Number 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 Number 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 State of Local Emergency for all of Miami-Dade County; and
WHEREAS, on May 15, 2020, the County Mayor issued Emergency Order 23-20, which ordered the opening of certain retail and commercial establishments in accordance with the “The New Normal” Handbook; and
WHEREAS, to mitigate a surge in COVID-19 cases in Miami-Dade County, on July 2, 2020, the County Mayor issued Emergency Order 26-20 to close certain indoor and outdoor spaces where groups of people congregated without physical distancing, with additional amendments on July 3, 2020, July 9, 2020, and August 5, 2020; and
WHEREAS, actions taken at the beginning of July to close certain establishments, impose a curfew, and expand the application of physical distancing and facial covering requirements served to mitigate the spread of COVID-19 and reduce the daily positivity rate and the number of people in hospitals, in ICU beds, and on ventilators; and
WHEREAS, as positive case rates and hospitalizations due to COVID-19 in Miami-Dade County have stabilized and begun declining, the County will be allowing certain activities to resume that pose less of a threat for transmission of the virus; and
WHEREAS, Governor Ron DeSantis issued Executive Order 20-223 on September 11, 2020 declaring Miami-Dade County to be in Phase 2 starting on September 14, 2020; and
WHEREAS, plexiglass or other partitions do not substitute for social distancing in restaurants, casinos and other indoor entertainment venues; and
WHEREAS, this amendment allows movie theaters, concert houses, convention spaces, auditoriums, playhouses, bowling alleys, arcades, and indoor amusement facilities, subject to requirements of New Normal Guidebook; and
WHEREAS, this amendment allows for indoor consumption of food and beverages within movie theaters, concert houses, convention spaces, auditoriums, playhouses, bowling alleys, arcades, casinos, and indoor amusement facilities only in designated areas and subject to requirements of New Normal Guidebook); and
WHEREAS, the updated version of the New Normal Guidebook attached as Exhibit A to this amendment allows for live performances, provided performers are no less than ten feet from patrons at all times and such patrons observe such performances from tables or stationary seats; and
WHEREAS, the safety and welfare of all the residents of Miami-Dade County is paramount,
THEREFORE, as County Mayor of Miami-Dade County, I hereby order:
A. Emergency Order 28-20 is amended and restated as follows:
1. a. With the exception of establishments listed in paragraph 4 below, every retail and commercial establishment and any other establishment or facility (collectively, “establishment”) in Miami-Dade County is permitted to open, and remain open, provided that each such establishment complies with the following requirements at all times:
i. the requirements in paragraph 2 below;
ii. the applicable activity-specific requirements in the “Moving To A New Normal Handbook,” attached as Exhibit A, as amended (the “Handbook”);
iii. the facial covering requirements in Emergency Order 20-20, as amended; and
iv. the entry of County or municipal personnel onto the establishment’s property for the sole purpose of inspection for compliance with this order.
b. In the event that an establishment is not in compliance with (i) – (iv) above, the establishment shall immediately close. Before reopening, the owner or authorized agent of the establishment must comply with all of the following conditions:
i. Review this order, keep the establishment closed for a minimum of 24 hours, and take all necessary measures to come into compliance with the requirements of this order;
ii. Execute the attestation attached hereto as Exhibit B demonstrating that the review has been completed and the required measures have been taken; and
iii. Submit the executed attestation by email to [email protected] or by mail to Special Patrol Bureau/Incident Team, 1501 NW 79th Ave., Doral, FL 33126.
c. Each time that an establishment that has previously submitted an attestation pursuant to subparagraph (b) above is not in compliance with subparagraph (a) above or (d) below, such establishment shall close again. Before reopening a second or subsequent time, the owner or authorized agent of the establishment must comply with both of the following conditions:
i. Submit a compliance plan to the County; and
ii. Receive written approval by the County Mayor or County Mayor’s designee that the compliance plan is approved and that establishment may open.
d. Restaurants and other food service establishments with seating for more than eight people shall close for on-premises dining during the time periods when a curfew is in effect. Notwithstanding the foregoing, such establishments may operate their kitchens for the purpose of providing delivery services, pick-up or take out services while curfew is in effect. Employees, janitorial personnel, contractors and delivery personnel shall be allowed access to such establishments at all times.
2. As a condition of opening, all establishments shall, as set forth in the Handbook:
a. post United States Centers for Disease Control and Prevention (”CDC”) signage in public locations emphasizing measures to “Stop the Spread” and to exercise social responsibility;
b. train all personnel in new operating protocols and modifications to existing codes of conduct to deal with COVID-19 issues;
c. reduce seating in breakrooms and common areas to ensure a minimum physical distance of six feet between people, and where possible, establish a single point of entrance;
d. post a contact email address, telephone number or both for employees and customers to raise questions or concerns;
e. if faced with infection from on-site personnel, immediately report the number of infected persons, time of infection, and proposed remediation plan to the Florida Department of Health, as further specified in Exhibit A;
f. enhance sanitization of all common areas and frequent touch points;
g. place trash containers for facial coverings and other personal protective equipment near exits, entrances, and other common areas;
h. comprehensively clean establishments each night, including thoroughly disinfecting all frequent touch points and emptying all trash receptacles using solid waste bags that are double-bagged and securely sealed;
i. install hand sanitizer at entry points and throughout the property;
j. use reasonable efforts to ensure that on-site customers, employees, contractors, and vendors maintain appropriate social distancing, as recommended by the then-current CDC guidelines, which may include, but are not limited to, marking floors at appropriate intervals or providing other visible systems to identify the appropriate social distance; and
k. comply with any restrictions or requirements imposed pursuant to any Executive Order issued by the Governor, including, but not limited to, building capacity restrictions.
3. General Provisions:
a. No establishment is required to comply with the provisions listed as “recommendations” in the Handbook, but all businesses are strongly urged to follow those recommendations to the maximum extent possible. However, activity and site-specific restrictions and requirements listed in the Handbook in bold must be followed by all applicable establishments.
b. Where social distancing is required, such social distancing requirements shall not apply to members of the same family, defined as an individual and spouse, domestic partner, parents, children, or legal guardians who reside in the same household, and inclusive of children whose custody is shared between two parents in different households.
c. Plexiglass and other protective barriers do not substitute for social distancing requirements in restaurants, casinos and indoor amusement facilities
4. Bars, pubs, night clubs, cocktail lounges, cabarets, adult entertainment venues, hookah lounges, or breweries, remain closed, provided, however, that such venues, if licensed as a public food service establishment pursuant to chapter 509, Florida Statutes, may only sell food and alcoholic beverages for onsite consumption in conformance with the rules for restaurants set forth in the Handbook.
5. Any establishment that has an on-site employee or contractor who tests positive shall close until one of the following conditions is met:
a. the establishment is deep-sanitized, and employees who were in close contact with the positive employee or contractor (i) have been tested and cleared by a medical professional as being COVID-19 free or (ii) do not report to work for 14 days after the date the positive employee or contractor was last onsite; or
b. 14 days from the date such employee or contractor was last onsite at such establishment if deep-sanitization is not performed.
Where an establishment has multiple floors or structures, or has a square footage in excess of 10,000 square feet, only those structure(s), floor(s), or area(s) where the infected person was present are required to be deep-sanitized as a condition of re-opening, and only those employees working in such structure(s), on such floor(s), or who came into contact with the positive employee or contractor must be tested or must not report to work for 14 days after the date the positive employee was last on-site.
Under no circumstances shall an employee or contractor who has tested positive report to work at an establishment until that employee is cleared by a medical professional as being COVID-19 free.
6. Restaurants in the unincorporated municipal service area that comply with the foregoing requirements may also provide outdoor dining areas in accordance with the provisions set forth in Exhibit C.
7. This order does not affect or limit the operations of Miami-Dade County, any public utility, any municipality, the Miami-Dade County School District, or any state or Federal office or facility, except that such entities shall abide by the restrictions of any County, municipal, state or Federal emergency order, as applicable.
8. This order does not limit the number of persons who may be physically present at any religious service. Persons attending religious services are urged, but are not required, to practice social distancing, such as keeping six feet between persons and limiting group size to that necessary to accomplish physical distancing.
9. Notwithstanding any other emergency order and section 33-28(D)(3) of the Code to the contrary, in both the incorporated and unincorporated areas of Miami-Dade County, (a) the maximum daytime and overnight occupancy for short-term vacation rentals shall be up to a maximum of two persons per bedroom plus two additional persons per property not to exceed a maximum of ten persons, and (b), excepting short term vacation rentals where otherwise permitted that are located in structures operated in whole or in part as condominiums or hotels, new rental agreements shall not be entered into except on a monthly basis.
10. After a tropical storm or hurricane warning has been issued, or after a declaration of a state of emergency due to a tropical storm or a hurricane, for all or part of Miami-Dade County: (i) hotels, motels or other commercial lodging establishments may allow in-person dining at on-premises restaurants without limitation and may exceed social distancing requirements or capacity limitations in ballrooms and meeting rooms for the purpose of temporary sheltering or other emergency response purposes, and (ii) any facility designated as a shelter pursuant to any state, county, or municipal emergency management plan, and any county or municipal facility being used for emergency management purposes, shall be exempt from social distancing requirements or capacity limitation and may allow in-person dining without limitation at such facility. These provisions allowing for the lifting of restrictions to address the community’s needs to respond to a tropical storm or a hurricane shall only be in effect for the duration of the declared emergency or hurricane or tropical storm warning unless terminated earlier by executive order.
11. Miami-Dade County residents are encouraged to cooperate with contact tracing efforts, as contact tracing will allow the County to quickly respond to any increase in cases. Employers are encouraged to remind employees about the importance of cooperating with contact tracing efforts.
12. Movie theaters, concert houses, convention spaces, auditoriums, playhouses, bowling alleys, arcades, and indoor amusement facilities, may operate, provided the establishment: (1) complies with the COVID-19 safety plan for such establishment previously approved by Miami-Dade County; (2) complies with the current version of the New Normal Guidebook, as such may be amended from time to time; and (3) if such establishments allow eating or drinking on premises, provides specific and clearly marked locations where eating and drinking will be allowed.
B. The provisions of this order shall serve as minimum standards. Municipalities may impose more stringent standards within their jurisdictions.
C. All other prior emergency orders remain in effect except to the extent modified by this order. This order supersedes any conflicting provision of any prior order.
D. 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.
E. This order shall be effective as of 12:01 p.m., on Friday, September 18, 2020.
F. This order shall be provided to all appropriate media consistent with the requirements of section 8B-7(2)(n) of the Code of Miami-Dade County.
