Renee M. Shrout

City Clerk

Extension of Resolution establishing notice and timeline requirements for use of communication media technology for attendance by Elected and Appointed Officials during a public health or other emergency.

Issue Statement:  Resolution R-2021-024 expires May 2, 2021, which provides for the use of communication media technology for attendance by elected and appointed officials during periods when the City Manager determines and declares a local public health emergency or other circumstances in which the City Commission determines necessary to protect the health and safety of City Officials, City staff, and the public.

On February 26, 2021, Governor DeSantis signed executive order 21-45 extending the Public Health Emergency Order for 60 days, or April 27, 2021.

Recommended Action:  Due to the continued COVID-19 health and safety concerns, it is recommended the City Commission adopt a resolution extending the timeline and notice resolution for sixty (60) days for use of communication media technology for attendance by Elected and Appointed Officials during the public health emergency.

Background History

The Coronavirus (COVID-19) is a respiratory illness caused by a virus that spreads rapidly from person to person and may result in serious illness or death. On March 1, 2020, Ron DeSantis, Governor of the State of Florida, issued Executive Order No. 20-51, directing the Florida Department of Health to issue a Public Health Emergency.  The State Surgeon General and State Health Officer subsequently declared that a Public Health Emergency exists in the State of Florida as a result of COVID-19.  To reduce the spread of COVID-19, the United States Centers for Disease Control and Prevention (“CDC”) recommends implementation of community mitigation strategies to increase containment of the virus. 

On March 9, 2020, Governor DeSantis signed Executive Order No. 20-52,  declaring the State of Emergency.  Subsequent Executive Orders have been signed, approximately every sixty (60) days since March 9th, extending the Public Health Emergency. On February 26, 2021, Governor DeSantis signed executive order 21-45 extending the Public Health Emergency Order for 60 days, or April 27, 2021.

On November 18, 2020, the City Commission adopted Ordinance O-2020-022 authorizing the City Manager to make provisions for public meetings by use of communication media technology and for attendance by use of such technology by elected and appointed officials during periods when the City Manager determines and declares a local public health emergency or other circumstances in which the City Commission determines necessary to protect the health and safety of City Officials, City staff, and the public.

Subsequently, on November 18, 2020,   the City Commission adopted  Resolution R-2020-148, establishing timeline and notice requirements to be utilized for a period not to exceed sixty (60) days without City Commission authorization.  Resolutions R-2021-002 (Adopted 1/6/21) and R-2021-024 (Adopted 3/3/21)  each providing for the 60 day extension. 

Ordinance O-2020-022, adopted November 18, 2020,  authorizes the City Manager, pursuant to the home rule authority of the City Commission, Chapter 252, Florida Statutes, and Section 4 D of Governor DeSantis’ Executive Order 20-52 and based upon the Legislative Findings set forth in the Ordinance, during a declared public health emergency to:

• Arrange for the City Commission, Boards, and Committees to meet electronically;

• Promulgate rules of procedure that will ensure compliance with the Sunshine Law;
• Provide technology and administrative support as necessary to fulfill  these objectives.

Such a meeting may only be conducted without the physical presence of a quorum of the City Commissioners, Boards, and Committees, if an emergency is declared based upon an infectious disease or other emergency, and only so long as (1) the meeting is properly noticed, (2) minutes are taken, and (3) the public is permitted to attend via technology such as teleconferencing or web-based conferencing.  

Notice and Timeline

Resolution R-2020 148, adopted November 18, 2020, establishes notice and timeline requirements for use of communication media technology for attendance by Elected and Appointed Officials during a public health or other emergency  to be utilized for a period not to exceed sixty (60) days without City Commission authorization to extend beyond the sixty (60) days.