HomeMy WebLinkAboutState of FloridaSTATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 08-170
(Emergency Management Tropical Storm Fay)
I am issuing this Executive Order to declare a state of emergency due to the threat
that Tropical Storm Fay imposes to the State of Florida and to ensure that timely
precautions are taken to protect communities and the general welfare of this state. The
National Hurricane Center projects that Tropical Storm Fay will continue moving
westward and will be a threat to much of Florida in the coming days. The official forecast
indicates that Fay may reach Category I hurricane intensity on Sunday evening before
moving across central Cuba. Tropical storm force winds could reach the lower and
middle Florida Keys by noon on Monday. Hurricane or tropical storm watches may be
posted for the Florida Keys later tonight or early on Sunday.
As Governor it is my responsibility for meeting the dangers presented to this state
and its people by this emergency. Therefore, by virtue of the authority vested in me by
Article IV, Section 1(a) of the Florida Constitution and by the State Emergency
Management Act, and all other applicable laws, Ipromulgate the following Executive
Order:
Section 1. Based on the foregoing, I declare that this event threatens the State of
Florida with a major disaster. I therefore declare a state of emergency exists in the entire
state.
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Section 2, I designate the Director of the Division of Emergency Management as
the State Coordinating Officer for the duration of this emergency and direct him or her to
activate the state's Comprehensive Emergency Management Plan and other response,
recovery, and mitigation plans necessary to cope with the emergency. Pursuant to section
252.36(1)(a), Florida Statutes, I delegate to the State Coordinating Officer the authority
to exercise those powers delineated in sections 252.36(5)-(l0), Florida Statutes, which) e
shall exercise as needed to meet this emergency, subject to the limitations of section
252.33, Florida Statutes. In exercising the powers delegated by this Order, the State '
Coordinating Office shall confer with the Governor to the fullest extent practicable. The
State Coordinating Officer shall also have the authority to:
A. If necessary, invoke and administer the Emergency Management Assistance
Compact, Part III, Chapter 252, Florida Statutes, and other compacts and agreements
existing between the Florida and other states, and the further authority to coordinate the
allocation of resources from such other states that are made available to Florida under
such compacts and agreements so as best to meet this emergency.
B. Seek direct assistance with any and all agencies of the United States
Government as may be needed to meet the emergency.
C. Direct all state, regional and local governmental agencies, including law
enforcement agencies, to identifypersonnel needed from those agencies to assist in
meeting the needs created by this emergency, and to place all such personnel under the
direction and coordination of the State Coordinating Officer to meet this emergency.
D. Designate such Deputy State Coordinating Officers.
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The State Coordinating Officer shall have the authority to enter such orders as may be
needed to implement any or all of the foregoing powers.
Section 3, I order the Adjutant General to activate the Florida National Guard for
the duration of this emergency, and 1 place the National Guard under the coordination
and direction of the State Coordinating Officer for the duration of this emergency.
Section 4. 1 also find that the special duties and responsibilities resting upon
some state, regional and other state governmental bodies in responding to the emergency
may require them to deviate from the statutes, rules, and orders they administer, and I
give such agencies and other governmental bodies the authority to take formal action by
emergency rule or order in accordance with section(s) 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 order the following:
A. I give all state agencies whose employees are certified by the American.ted
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.
B. I authorize the Department of Transportation to waive the collection of tolls
and other fees and charges for the use of the Turnpike and other public highways, to the
extent such waiver may be needed to provide emergency assistance or facilitate the
evacuation of the affected counties; to reverse the flow of traffic or close any and ail
highways and portions ofhighways as may be needed for the safe and efficient
transportation of evacuees to those counties which the State Coordinating Officer may
designate as destination counties for evacuees in this emergency; to suspend enforcement
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of the registration requirements pursuant to section(s) 316.545(4) and 320.07I5, Florida
Statutes for commercial motor vehicles that enter Florida to provide emergency services,
or transport equipment or personnel; to waive the hours of service requirements for such
vehicles; 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, The Department shall also have the authority to
waive the size and weight restrictions for divisible loads on any vehicles transporting
emergency equipment, services and supplies or fallen timber for harvesting, allowing the
establishment of alternate size and weight restrictions for all such vehicles for the •
duration of the emergency. In doing so, the Department shall issue permits and such
vehicles a4uitl be subject to such special conditions as the Department of Transportation
may endorse on any such permits. Nothing in this Executive Order shall be construed to
allow any vehicle to exceed weight limits posted for bridges and like structures, or relieve
any vehicle or the carrier, owner, or driver of any vehicle from compliance with any
restrictions other than those specified in this Executive Order, or from any statute, rule,
order or other legal requirement not specifically waived herein or by supplemental order
by the State Coordinating Officer.
C. I authorize the Executive Dinsctor of the Department Highway Safety and
Motor Vehicles to suspend the International Registration Plan requirements pursuant to
section 320.0715, Florida Statutes, and the license fees or taxes imposed on vehicles
pursuant to Chapter 207, Florida Statutes, as its relates to commercial motor vehicles that
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enter Florida to provide emergency assistance or services, or transport emergency
equipment or personnel.
D. In accordance with section 465.0275, Florida Statutes, any pharmacist in areas
or counties covered under this Executive Order are authorized to dispense up to a 30-day
emergency prescription refill.
E. Pursuant to section 252.360), Florida Statutes, I give all state agency heads,
regional and other state governmental bodies the authority to suspend the effect of any
statute, rule or order, to the extent needed to procure any and all necessary supplies,
commodities, services, temporary premises, and other resources, include, but not limited
to, any and all statutes, rules, ordinances, or orders which affect budgeting, leasing, .
printing, purchasing, travel, and the condition of employment and the compensation of
employees, but any statute, rule or order shall be suspended only to the extent necessary
to ensure the timely performance of disaster response functions as prescribed in the State
Comprehensive Emergency Plan, or as directed by the State Coordinating Officer;
however, any waiver of statutes, rules, or ordinances governing travel shall expire in
thirty (30) days from the date of this Executive Order unless extended (in increments of
no more than thirty days) by the agency.
F. I give all state agency heads responsible for the operation and public use of
state buildings and facilities the authority to close such buildings and facilities In those
portions of the state affected by this emergency, to the extent to meet this emergency.
O. I give all state agency heads, regional and other state governmental bodies the
authority to abrogate the time requirements, notice requirements, and deadlines for final
action on applications for permits, licenses, rates, and other approvals under any statutes
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or rules under which such application 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 suspended and tolled to the extent needed to
meet this emergency.
Section 5. I designate all state, regional and local governmental facilities includ-
ing, but not limited to, all public elementary and secondary schools, all Community
Colleges, and all State Universities, at the discretion of the State Coordinating Officer for
use as shelters to ensure the proper reception and care of all evacuees.
Section 6. I find that the demands placed upon funds regularly appropriated to
state and local agencies may be inadequate to pay the costs of this disaster. In
accordance with section 252.37(2), Florida Statutes, I direct the transfer of sufficient
funds from any unappropriated surplus or from the Budget Stabilization Fund. '
Section 7. All state agencies entering emergency final orders or other final
actions in response to this emergency shall advise the State Coordinating Officer
contemporaneously.
Section 8. Medical professionals and workers, social workers, and counselors
with good and valid professional licenses issued by states other than the State of Florida
may render such services in Florida during this emergency for persons affected by this
emergency 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 9, Pursuant to section 501.160, Florida Statutes, it is unlawful and a
violation of section 501.204 for a person to rent or sell or offer to rent or sell at an
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. a
unconscionable price within the area for which the state of emergency is declared, any
essential commodity including, but not limited to, supplies, services, provisions, or
equipment that is necessary for consumption or use as a direct result of the emergency.
Section 10. All actions taken by the Director of the Division of Emergency
Management with respect to this emergency before the issuance of this Executive Order
are ratified. This Executive Order shall expire sixty (60) days from this date unless
extended.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of
Florida to • - ••. al, at Tallahassee, the Capitol,
this 16 ' of 2008.
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