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AMENDMENT 1 TO MIAMI-DADE COUNTY EMERGENCY ORDER 23-20

WHEREAS, on March 19, 2020, the County Mayor issued Emergency Order 07-20 relating to coronavirus disease 2019 (COVID-19); and

WHEREAS, Emergency Order 07-20, as amended by amendment nos. 1 through 3, required the closure of all non-essential retail and commercial establishments, as defined therein; and

WHEREAS, on April 9, 2020, the County Mayor issued Emergency Order 20-20; and

WHEREAS, Emergency Order 20-20 required facial coverings, as defined by the United States Centers for Disease Control and Prevention (“CDC”), to be worn by persons working in or visiting grocery stores, restaurants, public transit vehicles, vehicles for hire, and locations where social distancing measures are not possible; and

WHEREAS, section 8B-7(2)(f) of the Code of Miami-Dade County (“Code”) authorizes the County Mayor to order the closure of any commercial establishment; and

WHEREAS, sections 8B-7(2)(e) and (o) of the Code authorize the County Mayor to limit the movement of persons inside Miami-Dade County in order to safeguard life and health; and

WHEREAS, the Governor, via Executive Order 20-122, has allowed Miami-Dade County to proceed to Phase 1 of the Safe, Smart, Step by Step Plan for Florida’s Recovery, subject to the limitations imposed in Executive Order 20-112 paragraphs two through six; and

WHEREAS, as Miami-Dade County COVID-19 hospitalizations have stabilized and begun declining, the County will be allowing for certain activities to resume that pose a less significant threat for transmission of the virus; and

WHEREAS, on May 15, 2020, the County Mayor issued Emergency Order 23-20, which allowed various establishments throughout Miami-Dade County to open, subject to targeted restrictions designed to minimize the risk of spreading COVID-19 while allowing economic activity; and

WHEREAS, the establishments that were not allowed to open in Emergency Order 23-20 are those which the County, in consultation with medical experts, believe presented a higher risk of COVID-19 spread if allowed to operate, due to the duration, intensity, and density of person to person contact in such establishments; and

WHEREAS, the County believes that, given current trends in COVID-19 locally, that beaches, swimming pools, and hotels may be open, subject to the rules set forth in the Handbook; and

WHEREAS, this amendment:

  • reopens beaches, swimming pools, and hotels, subject to social distancing and other requirements;
  • clarifies that social distancing requirements do not apply to families residing together;
  • revises requirements relating to how an establishment must respond to positive COVID-19 cases at such establishment; and
  • clarifies that facial coverings do not have to be worn while eating or drinking; an

WHEREAS, the safety and welfare of all the citizens of Miami-Dade County is paramount,

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

A. Paragraphs 3,4,5, and 6 of Emergency Order 23-20 are amended and restated as follows:

3. >>(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, those 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.<<

4. The following establishments remain closed:

a. bars, pubs, night clubs, banquet halls, cocktail lounges, cabarets, and breweries except for take-out or delivery services as authorized pursuant to Emergency Order 03-20;
b. movie theaters, concert houses, auditoriums, playhouses, bowling alleys, arcades, >>indoor amusement facilities, casinos (but excluding casinos on sovereign tribal land)<<, gymnasiums, and fitness studios;
c. [[hotels and commercial lodging establishments, except as operated pursuant to Emergency Order 09-20, as amended;
d. pools and hot tubs, except as authorized in Emergency Order 16-20, as amended]];
>>c<<[[e]]. tattoo parlors; [[and]]
>>d<<[[f]. massage >>studios or<< parlors[[.]]>>;
e. summer camps; and<<
f. concerts, conventions, and other temporary events, except outdoor events which may be held with appropriate social distancing, such as attendees remaining in their own cars.<<
 

5. Any establishment that has an on-site employee or contractor who tests positive shall close for the shorter of:

a. the time needed for: [[all]] >>(i)<< staff >>who were in contact with the positive employee or contractor<< to be tested >>and cleared by a medical professional as being COVID-19 free;<< and >>(ii)<< the establishment to be deep-sanitized, as specified in the Handbook; or
b. 14 days from the date such employee or contractor was last onsite at such establishment >>if deep-sanitizing is not performed<<.
 
>>An establishment shall be deemed to comply with (5)(a) above if, after deep-sanitizing, employees who were in close contact with the positive employee or contractor do not report to work for 14 days after the date the positive employee or contractor was last onsite.<<

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 in such area(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.

Notwithstanding anything else to contrary, establishments listed in 2a, b, s, and y of Emergency Order 07-20, as amended, may remain open while test results are pending.

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. All persons working in or visiting an establishment, including but not limited to airports, seaports, and mass transit facilities and vehicles, shall wear a facial covering as described in Emergency Order 20-20, except that facial coverings shall not be required:
a. for children under the age of two years;
b. for persons who have trouble breathing;
c. where Federal or state safety or health regulations prohibit the wearing of facial coverings; [[or]
d. for persons engaged in strenuous physical activity; >>or<<
>>e. while persons are eating or drinking.<<
 

Additional PPE may be required of persons engaged in specific activities as described in the Handbook.

B. Exhibit A to Emergency Order 23-20 is replaced and superseded by Exhibit A attached hereto.

C. The balance of Emergency Order 23-20 remains in full force and effect.

C. This amendment shall be effective as of 12:01 a.m., on June 1, 2020.

D. 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.