HomeMy WebLinkAboutExecutive Order 3ScF-i9-2005 ib%2t
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STATE OF FLORIDA
OFFICE OF T]EEE GOVERNOR
EXECUTIVE ORDER NUMBER 05-183
WHEREAS, on August 24, 2005, the Governor issued Executive Order 2005-176 to
declare a state of emergency because of Hurricane Katrina; and
.WHEREAS or August 25, 2005,•Hun-icarae Katrina made landfall on South Florida,
affected Broward, Miami -Dade and lvtonroe counties and caused millions of dollars worth of
damage to property and rendered hornes and other huilclin• s ;unsuitable for.use and.
habitarion; and
WHEREAS on August 29, 2005, Hurricane K.atritia again made landfall in the Gulf
Coast of the United States, causing unprecedented devastation to the states of Louisiana and
Mississippi and additional damage to the Florida Panhatidle;,-rnd
WHEREAS, the State of Florida is now trying; to recover from the, cumulative impact
of Hurricane Katrina, Hurricane Dennis end the 2004 hra.rricanes; and
WHEREAS, on September 17, 2005, the Natio+;z1 Hurricane Center advised that
Tropical Depression 1.8 formed near the Bahamas witrt,siastairsed surface winds of 35 miles
pier hour; and
WHEREAS, the National Hurricane Center has advised that Tropical Depression 18
has the potential to strengthen further to Category 1 htuzicane status (74 mph), make landfall
in or. near the Florida Keys by Tuesday afternoon, September 20th, and that hurricane
latches have been issued far nit of the Florida Keys; anu
18 ER1:AS, the National Hurricane Center has also advised that Tropical
Depression 18 could produce in excess of 6 inches ofr.ainc:all across southern portions ofthc
}Florida peninsula and the Keys; and
WHEREAS, Tropical Depression 18 threatens a number of communities in the Stag
of Florida with extreme weather conditions that post an immediate danger -to the lives and
property of the residents of those communities; and
WHEREAS, it is likely that Tropical Depression 18 will strike those communities
within a matter of days, so that the immediate evacuation r. fpersons from those communities
is vital to the safety of the residents; and
WHEREAS, special equipment, personnel and other resources may he needed in
order to ensure the timely evacuation of persons from the threatened communities aid the
safe movement of the evacuees to other communities in the Stare acting as destinations for
the evacuees; and
WHEREAS, central coordination and direction of th,e ust of such resaurCes for the
local evacuation measures are needed to ensure the timely evacuation of the threatened
communities; and
WHEREAS, additional emergency measures 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, r, J'EB 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 ttlltnediate effect;
Section 1. Because of the foregoing conditions-, I hereby End that Tropical
Depress,ion 18, alone and in combination with the destruction caused. by Hurricane Katrina,
Hurricane Dennis and the 2004 hurricanes, threatens the State of Florida with a major
disaster. I, therefore, declare that a state of ernergertcy exists in the State of Florida, and that .
the evacuation of multiple counties in the State may be necessary because of Tropical
Depression 18. I further find that central authority overthe evacuation of these counties is
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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. [ therefore declare: that a state of emergency also exists in all
destination counties that open shelters to accommodate evacuees from the communities
threatened by Tropical Depression 18.
Section 2. I hereby incorporate Executive Order 2005-176, as amended by
Ex-ccutire Order 2005.177, 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 Katrina under the authority o.f Executive Order 2005-176, as
amended by Executive Order2005-177; are hereby ratified andextended as if issued on this
date. Executive Order 2005-176, as amended by Executive Order 2005-1 ?7, is also hereby
extended, so that its date of expiration will coincide withrhe expiration of this Executive
Order,
Section 3. I hereby designate the Director of the Division of Emergency Management
as the State Coordinating Officer for the duration of th%s emergency and as my Authorized
Representative. In exercising the powers delegated by this Executive Order, the State
Coordinating Officer shall coffer with the Governor to the fullest extent practicable, In
accordance with Sections 252.36(1)(n) and 252.36(5), Florida Statutes, 1 herebydelegate 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;
E. The authority to invoke and administer the Statewide Mutual Aid Agrcerncnt,
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
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Florida and other States, and the farther 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 e:ithority to distribute any and all supplies stockpiled to meet the
ernergew . y;
F. it accordance with Sections 252.36(5)(a) end 252.46(2), Florida Statutes, the
authority to suspend existing statutes, rules, ordinances, and orders for the duration o fthis
emergency to the extent that literal compliance with such statutes; rules, ordinances, and
orders may be inconsistent with the ti'rnelyperformance 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 rnecting the needs created by this emergency, and to place all such personnel under
the direct command of the State Coordinating Officer to meat this emergency;
H. The authority to activate the Continuity of Operations Plans of all state,
regional and local governmental agencies;
r. The authority to seize and utilize any and al! real or personal property as
needed to meet this emergency, subject always to the duty of the State to compensate the
owner;
3. 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 Static 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
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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 t ie evacuees to their home
communities;
M. The authority to`dcsignate such Deputy State Coordinating Officers as the
State Coordiraatiag 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.
Sections 6. I hereby direct all state, regional and local agencies to place any and
all available resources under the authority of the Slate 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 e1errte,otary 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 S. 1 find that the special duties and responsibilities resting upon some
state, regional and local agencies and other governmental bodies in responding to the disaster
may require there to deviate from the statutes, rules; ordinances, and orders they administer,
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and I hereby give such agencies and other governmental bodies the authority to take forrha1
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 ace needed to cope with this emergency.
Without limiting the generality of the foregoing, 1 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 or
any state, regional, or local governmental entity, to the extent needed to procure arty and all
necessary supplies, commodities, services, temporary premises, and other resources, to
include, without limiting thc generality of the foregoing, arty and all statutes and rules which
affect budgeting, printing, purchasing; leasing, and the conditions of employment and the
conipensatton 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 R.ed Cross as disaster service volunteers within, the mewling of Section 1 10.120(3),
Florida Statutes, the authority to release any such employees for such service as requested by
the American Rcd 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 thc 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 ort any and all highways or portions of highways
of the State Highway System as may be needed to facilitate the evacuation °Ethe affected
canununities; to close any and all highways or portions of highways as rnay be needed for the
safe and efficient transportation of evacuees to those countiesthe State Coordinating Officer
may designate as destination counties for evacuees in this emergency; to waive fuel taxes
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levied on vehicles registered in other States and to waive the registration requirements 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 arc needed to meet this emergency.
D. At the request of the Director of Emergency Management of arty county, I
hereby direct the Departrnent 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 far such
evacuees.
E. I hereby give all agencies of the State the authority to allow overnight drays
by employeesof 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 close such buildings and facilities in those portions of the State
affected by the etergency, to the extent needed to meet this emergency.
G,' T hereby give all agencies of the State, including the collegial bodies within
those agencies, the authority to abrogate the time requirements, notice requiretents, and
deadlines for final action on applications for permits, licenses, 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
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yet expired as of the date of this Executive Order a.rc hereby suspended and tolled to the_
extent needed to meet this emergency.
SecrLA 9 1 hereby find that the dcrnands placed upon the funds appropriated to
the agencies of the State of Florida and to local agencies may be inadequate to pay tho 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 maybe 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 Offi.c:er, agencies of the State of Florida and local agencies receiving these
funds shall timely see'kcreimbursement for the State of Florida as provided under Section
252.929, Florida Statutes, the Emergency Management Assistance Compact, and other
compacts, a,reemer1ts, and laws.
,$ection 10. • Medical professionals and workers, social workers, and counselors
with good and valid professional licenses issued by States other than the State of Fiorida
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 5ervic.es 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 in.cludt, withaut limiting the generality of the. foregoing, any
rental of hotel, motel, or other transient lodging facilities, and any rental of storage facilities,
Li accordance with Section 501.160(1)(b), Florida .Statutes, any price exceeding the average
price for such essential equipment,:serti'ices, or supplies for the thirty (30) days immediately
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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.
Scciian E 2. All state agencies that enter emergency final orders or rules, or take
other I::nal actions based on the existence of this emergency shall advise the State
• Coordinat.ing Officer in writing of the action taken as soon as practicable, but in no event
later than the expiration of sixty (60) days from thc date of this Executive Order.
Section 13 This Executive Order shall be deemed to have taken effect on
September 18, 2.005, and all actions taken by thc Director of the Division of'Emergency
Management with respect to.Tropical Depression 18 befbro the issuance of this Executive
Order are her-ehy ratified. This Executive Order shall expire sixty (60) days from the date
hereof'unie's•s extended.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and caused the Great Seal of the
State of Florida to he affixed, at Tallahassee, the
Capitol, this 18'h day of September, 2005.
gt,
Cove r, nor ar• Florida
ATTEST:
g Nsiod
SECRETARY OF STATE
SZ .L 1&1 S 1 ES SOD?
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