HomeMy WebLinkAboutExecutive Order 2STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 05-219
WHEREAS, an July 7, 2005, Executive Order 05-139 declared a state of emergency
because of Hurricane Dennis, which passed near the Keys and West Coast of the State of
Florida, made landfall on the Panhandle of the State of Florida as a Category Three
Hurricane on July 10, 2005, and caused millions of dollars worth of damage to property and
rendered homes and other buildings unsuitable for use and habitation; and
WHEREAS on August 24, 2005, Executive Order 05-176 declared a state of
emergency because of Hurricane Katrina, which made landfall in South Florida on August
25, 2005, as a Category One Hurricane, causing hundreds of thousands of dollars worth of
damage to property in Monroe County, and later devastated the Gulf Coast, causing
additional property damage in the Panhandle of Florida; and
WHEREAS, on September 18, 2005, Executive Order 05-183 declared a state of
emergency because of Tropical Depression 18, which became Hurricane Rita and grazed the
Florida Keys as a Category Two Hurricane on September 20, 2005, causing hundreds of
thousands of dollars worth of damage to property in Monroe County; and
WHEREAS, the State of Florida is now trying to recover from the cumulative impact
of Hurricane Rita, Hurricane Katrina, Hurricane Dennis and the 2004 hurricanes, and to
provide assistance to evacuees from Gulf Coast areas devastated by Hurricane Katrina; and
WHEREAS, on October 18, 2005, the National Hurricane Center advised that
Hurricane Wilma formed in the northwestern Caribbean Sea, or about 500 miles to the south
of Key West, Florida, with sustained surface winds of 80 miles per hour; and
'WHEREAS, on October 19, 2005, the National Hurricane Center has advised that
Hurricane Wilma has strengthened further to Category 5 hurricane status (175 mph), and has
the potential to make landfall as a Category 4 (135 mph) in or near the Florida Keys or
southwest Florida by Saturday, October 22, 2005.
WHEREAS; the National Hurricane Center has also advised that Hurricane Wilma
could produce in excess of 6 inches of rainfall across portions of the Florida peninsula; and
WHEREAS, Hurricane Wilma threatens a number of communities, in the State of
Florida with extreme weather conditions that pose an immediate danger to the lives and pro-
perty of the residents of those communities; and
WHEREAS, it is likely that Hurricane Wilma will strike those communities, so that
the immediate evacuation of persons from those communities is vital to the safety of the
residents; and
WHEREAS, special equipment, personnel and other resources may be needed in
order to ensure the timely evacuation of persons from the threatened communities and the
safe movement of the evacuees to other communities in the State acting as destinations for
the evacuees; and
WHEREAS, central coordination and direction of the use of such resources for the
local evacuation measures are needed to ensure the timely evacuation of the threatened
communities; and
WHEREAS, additional emergency measures may be needed to protect the lives and
property of the people in the threatened communities and the general welfare of the State of
Florida;
NOW, THEREFORE, I, JEB BUSH, as Governor of Florida, by virtue of the
authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the
Florida Emergency Management Act, as amended, and all other applicable laws, do hereby
promulgate the following Executive Order, to take immediate effect:
Section 1. Because of the foregoing conditions, I hereby find that Hurricane
Wilma, alone and in combination with the destruction caused by Hurricane Rita, Hurricane
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Katrina, Hurricane Dennis and the 2004 hurricanes, threatens the State of Florida with a
major disaster. I, therefore, declare that a state of emergency exists in the State of Florida,
and that the evacuation of multiple counties in the State may be necessary because of
Hurricane Wilma. I further find that central authority over the evacuation of these counties is
needed to coordinate these evacuations, that these evacuations exceed the capability of the
local governments in these communities, and that shelters in other counties are needed to
accommodate the evacuees. I therefore declare that a state of emergency also exists in all
destination counties that open shelters to accommodate evacuees from the communities
threatened by Hurricane Wilma.
Section 2. I hereby incorporate Executive Order 05-183 by reference into this
Executive Order. All mission assignments and orders issued by the State Coordinating •
Officer and Deputy State Coordinating Officers in connection with Hurricane Rita under the
authority of Executive Order 05-183, are hereby ratified and extended as if issued on this
date. Executive Order 05-183 is also hereby extended, so that its date of expiration will
coincide with the expiration ofthis Executive Order.
Section 3. I hereby designate the Director of the Division of Emergency Management
as the State Coordinating Officer for the duration ofthis emergency and as my Authorized
Representative. In exercising the powers delegated by this Executive Order, the State
Coordinating Officer shall confer with the Governor to the fullest extent practicable. In
accordance with Sections 252.36(1)(a) and 252.36(5), Florida Statutes, I hereby delegate to
the State Coordinating Officer the following powers, which he shall exercise subject to the
limitations of Section 252.33, Florida Statutes, as needed to meet this emergency:
A. The authority to activate the Comprehensive Emergency Management Plan;
B. The authority to invoke and administer the Statewide Mutual Aid Agreement,
and the further authority to coordinate the allocation of resources under that Agreement so as
best to meet this emergency;
C. The authority to invoke and administer the Emergency Management
Assistance Compact and other compacts and agreements existing between the State of
Florida and other states, and the further authority to coordinate the allocation of resources to
and from such other states that are made available under such compacts and agreements so as
best to meet this emergency;
D. The authority to seek direct assistance from any and all agencies of the United
States Government as may be needed to meet the emergency;
E. The authority to distribute anyand all supplies stockpiled to meet the
emergency;
F. In accordance with sections 252.36(5)(a) and 252.46(2), Florida Statutes, the
authority to suspend existing statutes, rules, ordinances, and orders for the duration of this
emergency to the extent that literal compliance with such statutes, rules, ordinances, and
orders may be inconsistent with the timely performance of disaster response functions;
G. The authority to direct all state, regional and local governmental agencies,
including law enforcement agencies, to identify personnel needed from those agencies to
assist in meeting the needs created by this emergency, and to place all such personnel under
the direct command of the State Coordinating Officer to meet this emergency;
H. The authority to activate the Continuity of Operations Plans of all state,
regional and local govemmentaI agencies;
I. The authority to seize and utilize any and all real or personal property as
needed to meet this emergency, subject always to the duty of the State to compensate the
owner;
J. The authority to order the evacuation of all persons from any portions of the
State threatened by the disaster, the authority to direct the sequence in which such
evacuations shall be carried -out, and the further authority to regulate the movement of
persons and traffic to, from, or within any location in the State to the extent needed to cope
with this emergency;
K. The authority to reverse the flow of traffic on any and all highways or portions
of highways of the State Highway System as needed to facilitate the evacuation of the
affected communities;
L. The authority to regulate the return of the evacuees to their home
communities;
M. The authority to designate such Deputy State Coordinating Officers as the
State Coordinating Officer may deem necessary to cope with the emergency; and
N. The authority to enter such orders as may be needed to implement any or all
of the foregoing powers.
Section 4. I hereby order the Adjutant General to activate the Florida National
Guard for the duration of this emergency, and I hereby place the National Guard under the
authority of the State Coordinating Officer for the duration of this emergency.
Section 5. I hereby direct each county in the State of Florida, at the discretion of
the State Coordinating Officer, to activate its Emergency Operations Center and its County
Emergency Management Plan, as needed, to ensure an immediate state of operational
readiness, and I further direct each county in the State, at the discretion of the State
Coordinating Officer,to open and activate all shelters to accommodate all evacuees.
Section 6. I hereby direct all state, regional and local agencies to place any and
all available resources under the authority of the State Coordinating Officer as needed to
meet this emergency.
Section 7. I hereby designate all state, regional and local governmental facilities
including, without limiting the generality of the foregoing, all public elementary and
secondary schools, all community colleges, and all state universities, for use as shelters to
ensure the proper reception and care of all evacuees.
Section 8. I find that the special duties and responsibilities resting upon some
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state, regional and local agencies and other governmental bodies in responding to the disaster
may require them to deviate from the statutes, rules, ordinances, and orders they administer,
and I hereby give such agencies and other governmental bodies the authority to take formal
action by emergency rule or order in accordance with sections 120.54(4) and 252.46(2),
Florida Statutes, to the extent that such actions are needed to cope with this emergency.
Without limiting the generality of the foregoing, I hereby order the following:
A. I hereby give all agencies of the State, including the collegial bodies within
those agencies, the authority to suspend the effect of any statute, rule, ordinance, or order of
any state, regional, or local governmental entity, to the extent needed to procure any and all
necessary supplies, commodities, services, temporary premises, and other resources, to
include, without limiting the. generality of the foregoing, any and all statutes and rules which
affect budgeting, printing, purchasing, leasing, and the conditions of employment and the
compensation of employees, but any such statute, rule, ordinance, or order shall be
suspended only to the extent necessary to ensure the timely performance of disaster
response functions as directed by the State Coordinating Officer.
B. I hereby give all agencies of the State with employees certified by the
American Red Cross as disaster service volunteers within the meaning of section 110.120(3),
Florida Statutes, the authority to release any such employees for such service as requested by
the American Red Cross as needed to meet the emergency.
C. I hereby direct the Department of Transportation to waive the collection of
tolls and other fees and charges for the use of the Turnpike and all other transportation
facilities, regardless of whether such facilities are components of the State Highway System,
to the extent such waiver may be needed to facilitate the evacuation of the affected
communities; to reverse the flow of traffic on any and all highways or portions of highways
of the State Highway System as may be needed to facilitate the evacuation of the affected
communities; to close any and all highways or portions of highways as may be needed for the
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safe and efficient transportation of evacuees to those counties the State Coordinating Officer
may designate as destination counties for evacuees in this emergency; to suspend
enforcement of Florida registration, weight limits, and fuel tax requirements for apportioned
vehicles and the hours of service requirements for such vehicles and any vehicles
transporting emergency equipment, services and supplies; by special permit to designate
alternate size and weight restrictions for all such vehicles for the duration of the emergency;
and to waive by special permit the warning signal requirements in the Utility
Accommodations Manual to accommodate public utility companies from other jurisdictions
which render •assistance in restoring vital services, to the extent such waivers are needed to
meet this emergency.
D. At the request of the Director of Emergency Management of any county, I
hereby direct the Department of Health to take over the operation of all shelters in that
county that are intended for use by those evacuees with special personal, medical or
psychological needs, and to station licensed medical professional and paraprofessional
personnel at those shelters as needed to provide appropriate reception and care for such
evacuees.'
E. I hereby give all agencies of the State the authority to allow overnight stays
by employees of the State who travel a distance of less than fifty (50) miles for the
performance of official duties in connection with this emergency, and the authority to allow
employees of the State reimbursement for the cost of meals during Class C travel incurred in
connection with this emergency.
F. I hereby give all agencies of the State responsible for the use of state buildings
and facilities the authority to dose such buildings and facilities in those portions of the State
affected by the emergency, to the extent needed to meet this emergency.
G. I hereby give all agencies of the State, including the collegial bodies within
those agencies, the authority to abrogate the time requirements, notice requirements, and
deadlines for final action on applications for permits, Iicenses, rates, and other approvals
under any statutes or rules under which such applications are deemed to be approved unless
disapproved in writing by specified deadlines, and all such time requirements that have not
yet expired as of the date of this Executive Order are hereby suspended and tolled to the
extent needed to meet this emergency.
Section 9. I hereby find that the demands placed upon the funds appropriated to
the agencies of the State of Florida and to local agencies may be inadequate to pay the costs
of this disaster. In accordance with Section 252.37(2), Florida Statutes,.to the extent that
funds appropriated to the agencies of the State and to local 'agencies may be inadequate to
defray the costs of this disaster, I hereby direct the transfer of sufficient funds from any
unappropriated surplus or from the Budget Stabilization Fund. As directed by the State
Coordinating Officer, agencies of the State of Florida and local agencies receiving these
funds shall timely seek reimbursement for the State of Florida as provided under Section
252.929, Florida Statutes, the Emergency Management Assistance Compact, and other
compacts, agreements, and laws.
Section 10. Medical professionals and workers, social workers, and counselors
with good and valid professional licenses issued by States other than the State of Florida
shall be allowed to render such services in the State of Florida during this emergency for
persons affected by the disaster, with the condition that such services be rendered to such
persons free of charge, and with the further condition that such services be rendered under
the auspices of the American Red Cross or the Florida Department of Health.
Section 11. In accordance with sections 501.160(2) and 501,160(3), Florida
Statutes, I hereby place all persons on notice that it is unlawful for any person in the State of
• Florida to rent or sell, or offer to rent or sell at an unconscionable price,, any essential
equipment, services, or supplies, the consumption or use of which is necessary because of the
emergency. Such services shall include, without limiting the generality of the foregoing, any
rental of hotel, motel, or other transient lodging facilities, and any rental of storage facilities.
In accordance with section 501.160(1)(b), Florida Statutes, any price exceeding the average
price for such essential equipment, services, or supplies for the thirty (30) days immediately
preceding the date of this Executive Order shall create a presumption that the price is
unconscionable unless such increase is caused by actual costs incurred in connection with
. such essential equipment, services, or supplies, or is caused by national or international
economic trends.
Section 12. All state agencies that enter emergency final orders or rules, or take
other final actions based on the existence of this emergency shall advise the State
Coordinating Officer in writing of the action taken as soon as practicable, but in no event
later than the expiration of sixty (60) days from the date of this Executive Order,
Section 13. This Executive Order shall be deemed to have taken effect an October
19, 2005, and all actions taken by the Director of the Division of Emergency Management
. with respect to Hurricane Wilma before the issuance of this Executive Order are hereby
ratified. This Executive Order shall expire sixty (60) days from the date hereof unless
extended.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and caused the Great Seal of the
State of Florida to be affixed, at Tallahassee, the
Capitol, this 19th day of October, 2005.
ATTEST: GOVERNOR
SECRETARY OF STATE
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