20-51RESOLUTION NO. 20-51
CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATION - SEPT. 17, 2020
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF
EMERGENCY AND CONFIRMING MODIFICATION OF
EMERGENCY REGULATIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor
George N. Cretekos, upon recommendation by the Emergency Management Director (City
Manager William B. Horne), after certification of emergency conditions by the Emergency
Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham),
on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and
WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council
in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March
25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in
Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and 15,
confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank
Hibbard on April 22, 29, and May 6, confirmed by City Council in Resolution 20-19 on May
7, extended 7 days by Mayor Frank Hibbard on May 13 and 20, confirmed by City Council
in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and
June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor
Frank Hibbard on June 10 and 17, confirmed by City Council in Resolution 20-30 on June
18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, 8, and 15, confirmed by
City Council in Resolution 20-32 on July 16, extended 7 days by Mayor Frank Hibbard on
July 22, 29, and August 5, confirmed by City Council in Resolution 20-36 on August 6, and
extended 7 days by Mayor Frank Hibbard on August 12 and 19, confirmed by City Council
in Resolution 20-44 on August 20, extended 7 days by Mayor Frank Hibbard on August 26
and September 2, confirmed by City Council in Resolution 20-47 on September 3, and
extended 7 days by Mayor Frank Hibbard on September 9 and 16, 2020; and
WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among
humans through respiratory transmission and presents with symptoms similar to those of
influenza, with no available vaccine or cure; 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 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 Public Health Emergency be declared
in the State of Florida; and
Resolution No. 20-51
WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20-
52 declaring a State of Emergency for COVID-19; and
WHEREAS, the World Health Organization declared COVID-19 a pandemic on
March 11, 2020, which is defined as "worldwide spread of a new disease," and is the first
declared pandemic since the H1 N1 "swine flu" in 2009; and
WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state
of emergency; and
WHEREAS, on March 16, 2020 President Trump and CDC issued the "15 Days to
Slow the Spread" guidance advising individuals to adopt far-reaching social distancing
measures. such as working from home and avoiding gatherings of more than 10 people;
and
WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20-
68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers
follow CDC guidelines limiting group sizes and social distancing, and ordering that
restaurants limit occupancy to 50% of current building capacities and begin employee
screening; and
WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11,
cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people
or more, closed all beaches, closed all libraries, closed all recreation centers, required
businesses open to the public to provide hand sanitizer, gave the Emergency Management
Director authority to close parking as necessary, prohibited price gouging, and enabled
emergency procurement procedures; and
WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing
all public beaches within the county; and
WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20-
71, suspending all sales of food and alcohol in the State by establishments for on-site
consumption and allowing for take-out or delivery service, and closing all gyms and fitness
centers; and
WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20-
72, prohibiting elective and unnecessary medical procedures; and
WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20-
83, recommending an advisory to all persons over 65 and those with underlying serious
medical conditions to stay home and limit risk of exposure; and
WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, "COVID-
19 Safer at Home Order," directing individuals to limit non-essential activity and/or
Resolution No. 20-51
transportation, closing places of public assembly, and ordering the closure of non-essential
businesses if they can not comply with current CDC social distancing guidelines; and
WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20-
86, retroactively ordering any person entering the State of Florida from "an area with
substantial community spread" to self -quarantine for 14 days and inform anyone they have
had direct physical contact with of their status; and
WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20-
91 and 20-92, ordering all persons in Florida to limit their movements and personal
interactions outside of their homes to only those necessary to obtain or provide essential
services or conduct essential activities; and
WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified
those emergency measures enacted by Resolution 20-11; and
WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, "Order
Relaxing Beach Restrictions With Conditions," allowing public beaches to reopen
consistent with CDC social distancing guidelines effective May 4, 2020; and
WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20-
112, ordering all persons in Florida to continue to limit their movements and personal
interactions outside of their homes, and allowing restaurants to resume on -premises
service with restrictions; and
WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 "Order
Clarifying Local Restrictions," which gives support to Governor DeSantis' EO 20-112,
terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public
playgrounds and pools, and requires social distancing; and
WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director
William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction
with Pinellas County's Res. 20-34; and
WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20-
123, initiating the full Phase 1 of his "Safe. Smart. Step -by -Step. Plan for Florida's
Recovery" relaxing social distancing requirements and allowed limited reopening of
businesses, including gyms and fitness centers; and
WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating
the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting
the Emergency Management Director authority and flexibility to manage City facilities in
response to Covid-19; and
WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20-
139, initiating Phase 2 of his "Safe. Smart. Step -by -Step. Plan for Florida's Recovery" which
Resolution No. 20-51
further relaxes social distancing guidelines, including avoiding congregating in groups
larger than 50 persons, allows for restaurants, bars, and entertainment businesses to
operate at 50% indoor capacity; and
WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating,
with some exceptions, that individuals wear a face covering in public indoor places, and
encouraged exempt government entities to enact their own similar procedures to protect
employees and members of the public; and
WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director
William B. Horne ordered that all persons, with some exceptions, wear a face covering in
public indoor places within City of Clearwater buildings, facilities, and properties in
conjunction with Pinellas County's Ord. 20-14; and
WHEREAS, on June 26, 2020 the Florida Department of Business and Professional
Regulation issued Emergency Order 2020-09 suspending on -premises consumption of
alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of
alcoholic beverages; and
WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming
extensions of the state of emergency and confirming the Emergency Management
Director's face covering order; and
WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20-
179 extending prior executive orders allowing local governments to hold virtual meetings
without a physical quorum, and Executive Order 20-180 extending prior executive orders
suspending mortgage foreclosure and eviction final actions; and
WHEREAS, on August 7, 2020 Governor Ron DeSantis issued Executive Order 20-
193 extending prior executive orders allowing local governments to hold virtual meetings
without a physical quorum until October 1, 2020; and
WHEREAS, on August 31, 2020 Governor Ron DeSantis issued Executive Order
20-211 extending a prior executive order suspending final executions of mortgage
foreclosure and eviction actions until October 1, 2020; and
WHEREAS, on September 4, 2020 Governor Ron DeSantis issued Executive Order
20-213 extending the statewide state of emergency an additional 60 days; and
WHEREAS, on September 10, 2020 the Florida Department of Business and
Professional Regulation issued Emergency Order 2020-10 rescinding Emergency Order
2020-09, effective 12:01 a.m. Monday September 14, allowing bars to reopen at 50%
capacity pursuant to the Governor's Executive Order 20-39; and
WHEREAS, as of September 17, 2020 663,234 Florida residents (671,201 total
cases in Florida including non-residents), including 39,888 in Hillsborough County
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(including 596 deaths), 10,985 in Manatee County (including 277 deaths), 8,640 in Pasco
County (including 197 deaths), and 21,152 in Pinellas County (including 714 deaths) have
tested positive for COVID-19; and
WHEREAS, the City of Clearwater continues to be threatened by COVID-19
because of the apparent ability of the virus to spread rapidly among humans, and COVID-
19 thereby constitutes a clear and present threat to the health, safety, and welfare of the
citizens and visitors of the City of Clearwater, and
WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and
amendment of emergency measures during a state of emergency; and
WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any
declaration of a state of emergency and all emergency regulations activated under the
provisions of this chapter at their next regularly scheduled meeting; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. The September 9, 2020 state of emergency proclamation is hereby
confirmed.
Section 2. The September 16, 2020 state of emergency proclamation is hereby
confirmed.
Section 3. The Emergency Management Director's action on September 16,
2020 suspending Section 7-103.E. of the Clearwater Development Code for the duration
of the emergency in order to address public nuisances is hereby confirmed.
Section 4. This resolution shall take effect immediately. The state of
emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of
Ordinances.
A est:
PASSED AND ADO s 17th day of September, 2020.
�,.•,.,,
113
osemarie Ca
City Clerk
Approved asq form:
nk Hibbard
:r �� Mayor
Pamela K. Akin
City Attorney
Resolution No. 20-51