HomeMy WebLinkAboutcocc_resolution_no_2021-06_20210615 (Terminating Emergency)RESOLUTION NO. 2021-06
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA;
REPEALING CITY COUNCIL RESOLUTION NO. 2020-09 WHICH PREVIOUSLY
DECLARED A CIVIL EMERGENCY RELATED TO COVID-19 INCLUDING
REPEALING SUPPLEMENTAL EMERGENCY ORDERS NO. 1 (TEMPORARILY
TOLLING TIME PERIODS FOR PROCESSING DEVELOPMENT PERMIT
APPLICATIONS), NO. 2 (TEMPORARILY ALLOWING USE OF FEATHER FLAGS
AND SNIPE SIGNS BY BUSINESSES), AND NO. 3 (TEMPORARY BEACH USE
RESTRICTIONS AND AMENDING USE OF FEATHER FLAGS AND SNIPE SIGNS
TO "ESSENTIAL SERVICE" BUSINESSES ONLY); PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT RESOLUTIONS AND THE REPEAL OF RESOLUTION
NO. 2020-12 (TEMPORARY REDUCTION OR WAIVER OF CERTAIN FEES);
RESOLUTION NO. 2020-21 (TEMPORARILY MODIFYING WHEN IMPACT FEES
ARE PAID); RESOLUTION NO. 2020-24 (TEMPORARILY EXTENDING THE
EFFECTIVE DATE OF THE NEW BUILDING PERMIT FEE SCHEDULE AND
COMMUNITY APPEARANCE BOARD APPLICATION FEE SCHEDULE); AND
RESOLUTION NO. 2020-27 (TEMPORARILY REDUCING COMMERCIAL
RECREATIONAL FRANCHISE FEES BY 50%), SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, Resolution No. 2020-09 was adopted in accordance with, and in reliance upon,
the emergency powers vested in the City of Cape Canaveral pursuant to Chapter 252, Florida
Statutes, Chapter 18 of the City Code and other applicable law (hereinafter referred to as "City's
Emergency Powers"); and
WHEREAS, the reopening of the State of Florida is now substantially underway and
previously adopted COVID-19 restrictions have been lifted, suspended or terminated by the State
of Florida and other government agencies; and
WHEREAS, on May 3, 2021, Governor DeSantis issued two Executive Orders suspending
or invalidating local government emergency actions based on the COVID-19 state of emergency
with the intent to protect the rights and liberties of individuals, accelerate the State's recovery
from the crisis, and mitigate the adverse and unintended consequences of the emergency; and
WHEREAS, Executive Order 21-102 suspends, effective May 3, 2021, all local COVID-19
"restrictions and mandates on individuals and businesses" and further prohibits a municipality or
county from renewing or enacting emergency orders or emergency ordinances using a local state
of emergency or using the emergency enactment procedures under Chapters 125, 166, or 252,
Florida Statutes, that imposes restrictions or mandates upon businesses or individuals due to the
COVID-19 emergency; and
City of Cape Canaveral
Resolution No. 2021-06
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WHEREAS, Executive Order 21-101, effective July 1, 2021, provides any emergency order
issued by a political subdivision (municipality or county) due to the COVID-19 emergency which
restricts the "rights or liberties of individuals or their businesses" is invalidated; and
WHEREAS, during the 2021 Legislative Session, the Florida Legislature enacted Chapter
2021-8, Laws of Florida, which provides, effective July 1, 2021, that "emergency orders" issued by
a political subdivision in response to an emergency pursuant to Chapter 252 or Chapter 381,
Florida Statutes (excluding in response to hurricanes or other weather -related emergencies) that
limit the rights or liberties of individuals or businesses are prohibited; and
WHEREAS, in consideration of the recent adoption of the aforementioned Executive
Orders and Chapter 2021-8, Laws of Florida, the City Council hereby finds that the Declaration of
Emergency adopted by the City Council under Resolution No. 2020-09 is no longer needed and
should be terminated; and
WHEREAS, in furtherance and reliance upon the declaration of emergency declared under
Resolution No. 2020-09, the City Council also adopted other emergency measures under
Resolution No. 2020-12 (temporary reduction or waiver of certain fees), Resolution No. 2020-21
(temporarily modifying when impact fees are paid), Resolution No. 2020-24 (temporarily
extending the effective date of the new building permit fee schedule and community appearance
board application fee schedule) and Resolution No. 2020-27 (temporarily reducing commercial
recreational franchise fees by 50%) until such time that the declaration of emergency under
Resolution No. 2020-09 is terminated, and such other emergency measures will also be effectively
terminated upon adoption of this Resolution by the City Council; and
WHEREAS, nothing herein shall be construed to prohibit the City Council from enacting
any ordinance or resolution according to regular enactment procedures to the extent necessary
to protect the public health, safety and welfare; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Terminating the Civil Declaration of Emergency. Pursuant to Section 18-
4 of the City Code, the City Council hereby terminates the Declaration of Civil Emergency approved
by the City Council pursuant to Resolution No. 2020-09 effective immediately upon adoption of
this Resolution.
City of Cape Canaveral
Resolution No. 2021-06
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Section 3. Express Repeal of Resolution No. 2020-09, Resolution No. 2020-12,
Resolution No. 2020-21, Resolution No. 2020-24 and Resolution No. 2020-27; Repeal of
Prior Inconsistent Resolutions.
(A) Resolution No. 2020-09 is hereby repealed in its entirety including Supplemental
Emergency Orders No. 1 (temporarily tolling time periods for processing development permit
applications), No. 2 (temporarily allowing use of feather flags and snipe signs by businesses), and
No. 3 (temporary beach use restrictions and amending use of feather flags and snipe signs to
"essential service" businesses only). Resolution No. 2020-09 and said Supplemental Emergency
Orders shall no longer have any force or effect, and to the extent that Resolution No. 2020-09 or
said Supplemental Emergency Orders temporarily suspended or waived other resolutions or
ordinances previously enacted by the City Council, the other resolutions or ordinances shall no
longer be suspended or waived and shall resume effectiveness immediately upon enactment of
Resolution No. 2021-06.
(B) Resolution No. 2020-12 (temporary reduction or waiver of certain fees), Resolution
No. 2020-21 (temporarily modifying when impact fees are paid), Resolution No. 2020-24
(extending the effective date of the new building permit fee schedule and community appearance
board application fee schedule) and Resolution No. 2020-27 (temporarily reducing commercial
recreational franchise fees by 50%) are hereby expressly repealed.
(C) All prior inconsistent resolutions adopted by the City Council, or parts of
resolutions in conflict herewith, are also hereby repealed to the extent of the conflict.
Section 4, Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this resolution.
Section S. Effective Date. This Resolution shall take effect immediately upon
adoption by the City Council.
[Adoption and Signature Page Follows]
City of Cape Canaveral
Resolution No. 2021-06
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting
duly assembled on the 15th day of June, 2021.
L .
ATTEST:
Mia Goforth, CM.0
City Clerk
Approved as to legal form and sufficiency
for the o, Cape Canaveral only by:
A thony A. Garganese, City Attorney
Bob Hoog, Mayor
For Against
Mike Brown x
Robert Hoog
Mickie Kellum Second
Wes Morrison Motion
Angela Raymond x
City of Cape Canaveral
Resolution No. 2021-06
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