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RESOLUTION NO. 2020-I A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING RULES OF PROCEDURE FOR VIRTUAL SPECIAL MAGISTRATE HEARINGS THAT TAKE PLACE DURING THE PENDENCY OF THE STATE OF EMERGENCY DECLARED IN FLORIDA GOVERNOR'S EXECUTIVE ORDER 20-52; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Novel Coronavirus Disease 2019 ("COVID-19") is a severe acute respiratory illness that can spread among humans through respiratory transmission and other potential methods, and presents symptoms similar to those of influenza, and in some cases can be fatal; and WHEREAS, as a result of COVID-19, on March 9, 2020, Governor DeSantis issued Executive Order Number 20-52 declaring a State of Emergency in the State of Florida; and WHEREAS, on March 12, 2020, the City Manager of the City of Sunny Isles Beach ("City") also declared a Local Emergency, which has been renewed every seven (7) days and is still in effect at this time; and WHEREAS, the Center for Disease Control and Prevention has advised that in order to slow the spread of COVID-19, individuals should adopt far-reaching social distancing measures; and WHEREAS, there are open civil violation notices resulting from violations of the City's Code of Ordinances, some of which may present a threat to the public health, safety, that need to be brought before a Special Magistrate prior to when in-person meetings will be permitted; and WHEREAS, the City's Code of Ordinances also provides that a violator who has been served with a civil violation notice has the right to request an administrative hearing before a Special Magistrate to appeal the decision of the Code Enforcement Officer that resulted in the issuance of the civil violation notice; and WHEREAS, the City has a need to conduct administrative hearings before the Special Magistrate to address pending civil violation notices and liens, but appreciates that there may be potential health risks associated with conducting an in-person hearing, where social distancing measures may not be feasible; and WHEREAS,finding it necessary and appropriate to take action to ensure that COVID-19 remains controlled and that residents and visitors in Florida remain safe and secure, on March 20, 2020, the Governor of the State of Florida issued Executive Order No. 20-69 ("Order") expressly permitting local governments to utilize communications media technology, such as telephonic and video conferencing, as provided in Florida Statute 120.54(5)(b)(2); and WHEREAS, the Eleventh Judicial Circuit of Florida is holding virtual evidentiary hearings where sworn testimony is taken, as set forth in Administrative Order 20-05 and 20-07, and the Florida Supreme Court has issued Administrative Order 20-23 allowing for court proceedings using electronic means; and R2020 Reso Approve Virtual Special Magistrate Hrg Procedure Page 1 of 3