HomeMy WebLinkAbout11-08-2022 - Declaration of Local State of EmergencyGROF
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HOME OF PELICAN ISLAND
CITY OF SEBASTIAN DECLARATION OF LOCAL STATE OF
EMERGENCY
WHEREAS, Chapter 252.38, Florida Statutes, gives authority to duly constituted
municipalities to declare a Local State of Emergency in order to provide for the health and safety
of persons and property; and
WHEREAS, by virtue of Section 2-37 of the Code of the City of Sebastian and Section
2.06 of the Charter of the City of Sebastian, the power to declare a Local State of Emergency is
vested in the office of the Mayor; and
WHEREAS, the National Hurricane Center has identified Subtropical Storm Nicole as a
potential hurricane and has issued a Hurricane Wanting for the east coast of Florida, including
Indian River County; and
WHEREAS, the presence of Subtropical Storm Nicole has placed the City of Sebastian
in a state of emergency, exposing the citizens thereof to danger of life and property; and
WHEREAS, on November 7, 2022, Governor Ron DeSantis, in his capacity as Governor
of the State of Florida, issued Executive Order Number 2022-253, declaring that a state of
emergency exists in all or portions of the State of Florida (including Indian River County) by
reason of Subtropical Storm Nicole; and
WHEREAS on November 8, 2022, Indian River County declared a local state of
emergency exists in all of Indian River County by reason of Subtropical Storm Nicole.
WHEREAS the City of Sebastian will be impacted by wind and rain causing road
flooding and storm debris.
NOW, THEREFORE, as Mayor of the City of Sebastian and in accordance with Section
2.06 of the Charter of the City of Sebastian, I hereby declare a Local State of Emergency in the
City of Sebastian which automatically expires 7 days after issuance unless cancelled before that
period of time. The Local State of Emergency may be extended by a majority vote of the City
Council, as necessary, in 7-day increments for a total duration of not more than 42 days in
accordance with F.S. 252.38 (3) (a) 5. and (4) (c). Further, the City Council, in accordance with
Section 2-37 (1) of the Code of the City of Sebastian, may terminate a state of emergency at any
time.
Pursuant to the authority of Section 2-37 of the Code of the City of Sebastian and Section 2.06 of
the Charter of the City of Sebastian, I order that this Local State of Emergency includes the
following area(s): /
a) The recalling or reassigning of City employees from vacation, canceling days off and
mobilizing all personnel required for disaster response;
b) The suspension of normal leasing and bid procedures to procure space, structures or other
items under their normal authority for disaster response;
c) The procurement of supplies, equipment, and services without formal bidding procedures;
d) The closing to the public of public places including streets, alleys, public ways, parks
amusement areas and public buildings;
e) The prevention of price gouging for any essential commodity, dwelling unit, or storage
facility;
f) The conservation of water supplies;
g) The cancellation or rescheduling of City meetings;
h) Issue such orders as are immediately necessary for the protection of life and property;
provided, however, that any such orders shall at the earliest practicable time, be presented to the
city council for ratification, confirmation, amendment or termination; and
i) Negotiating with contractors to haul away hurricane debris and coordinate reimbursement
with FEMA.
Pursuant to this Declaration, further orders may be issued by the City Manager to protect the
health, safety, and welfare of the community. The City Manager is hereby ordered to take
whatever prudent actions are necessary to effectuate such orders and to otherwise protect the
health, safety, and welfare of the community.
Enacted: IINI
Signed:
R
Da : 11/8/2022 Time: 1:55 p.m.
Extended 7 days:
Signed:
MAYOR
Date: Time:
Extended 7 days:
Signed:
MAYOR
Date: Time:
Extended 7 days:
Signed:
MAYOR
Date: Time:
Subtropical Storm Nicole Initi Page 2
Extended 7 days:
Signed:
MAYOR
Date: Time:
Extended 7 days:
Signed:
MAYOR
Date: Time:
Extended 7 days:
Signed:
Cancelled:
Signed:
MAYOR
Date: Time:
MAYOR
Date: Time:
Subtropical Storm Nicole Initia / Page 3
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BOARD OF COUNTY COMMISSIONERS
PROCLAMATION DECLARING A LOCAL STATE OF EMERGENCY IN
INDIAN RIVER COUNTY, FLORIDA, IN CONNECTION WITH
SUBTROPICAL STORM NICOLE
WHEREAS, on November 71h, 2022, Governor Ron DeSamis, in his capacity as Governor
of the State of Florida, issued Executive Order Number 2022-253, declaring that a state of
emergency exists in all or portions of the State of Florida (including Indian River County) by
reason of Subtropical Storm Nicole; and
WHEREAS, pursuant to section 101.10(1) of the Code of Indian River County, and
Resolution 2021-79 of the Indian River County Board of County Commissioners, the County
Administrator/Indian River County Emergency Services District Director is authorized to declare
a local state of emergency upon making a determination that a natural disaster has occurred or is
imminent, requiring immediate and expeditious action,
NOW, THEREFORE, in my capacity as County Administrator and Indian River County
Emergency Services Director, I hereby (1) determine that, by reason of Subtropical Storm Nicole,
the threat of a natural disaster has occurred or is imminent, requiring immediate and expeditious
action, and (2) declare that a local state of emergency exists in all of Indian River County, Florida,
effective as of 8:00 a.m., on this 8'h day of November, 2022.
Jason Ero n, Indian River County Administrator
and In an River County Emergency Services
District ,or
OFFICE OF THE COUNTY ADMINISTRATOR
INDIAN RIVER COUNTY
1801 271h Street, Vero Beach, FI. 32960-3388
PHONE: 772-226-1408
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 22-253
(Emergency Management —Subtropical Storm Nicole)
WHEREAS, as of 4:00 AM EST on November 7, 2022, Subtropical Storm Nicole was
located 555 miles East of Nassau, Bahamas with maximum sustained winds of 45 miles per hour;
and
WHEREAS, the National Hurricane Center predicts Subtropical Storm Nicole will impact
Florida's East Coast and could affect portions of the previously impacted area still recovering from
Hurricane Ian; and
WHEREAS, there is a risk of dangerous storm surge, heavy rainfall, flash flooding, strong
winds, hazardous seas, beach erosion, and the potential for isolated tornadic activity for Florida's
Peninsula; and
WHEREAS, the threatposed by Subtropical Storm Nicole requires that timely precautions
are taken to protect the communities, critical infrastructure, and general welfare of Florida; and
WHEREAS, as Governor, I am responsible to meet the dangers presented to Florida and
its people by this emergency.
NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the
authority vested in me by Article W, Section 1(a) of the Florida Constitution and by the Florida
Emergency Management Act, as amended, and all other applicable laws, promulgate the following .
Executive Order, to take immediate effect:
Section 1. Because of the foregoing conditions, which are projected to constitute a major
disaster, I declare that a state of emergency exists in Brevard, Broward, Charlotte, Citrus, Clay,
Collier, DeSoto, Duval, Flagler, Glades, Hardee, Hendry, Highlands, Hillsborougb, Indian River,
Lake, Lee, Manatee, Marlin, Miami -Dade, Nassau, Okeechobee, Orange, Osceola, Palm Beach,
Pasco, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, and Volusia Counties.
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 to execute the State's
Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans
necessary to cope with the emergency. Pursuantto 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(6)-(12), Florida Statutes, which he 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
Executive Order, the State Coordinating Officer shall confer with the Governor to the fullest extent
practicable. The State Coordinating Officer shall also have the authority to:
A. Invoke and .administer the Emergency Management Assistance Compact
C EMAC'� (sections 252.921-252.9335, Florida Statutes) and other compacts and agreements
existing between the State of 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 to best meet this emergency.
B. Seek direct assistance and enter into agreements with any and all agencies of
the federal government as may be needed to meet this emergency.
C. Direct all state, regional, and local governmental agencies, including law
enforcement agencies, to identify personnel needed from those agencies to assist in meeting the
response, recovery, and mitigation needs created by this emergency, and to place all such personnel
under the direct command and coordination of the State Coordinating Officer to meet this
emergency.
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D. Direct the actions of any state agency as necessary to implement the Federal
Emergency Management Agency's National Disaster Recovery Framework.
E. Designate Deputy State Coordinating Officers and Deputy State Disaster
Recovery Coordinators, as necessary.
F. Suspend the effect of any statute, rule, or order that would in any way prevent,
hinder, or delay any mitigation, response, or recovery action necessary to cope with this
emergency. In accordance with section 252.3611(1), Florida Statutes, any such order, declaration,
or other action shall specify each statute or rule being amended or waived, if applicable, and the
expiration date for the order or action.
G. Enter orders as may be needed to implement any of the foregoing powers. The
requirements of sections 252.46(1)-(2) and 120.54(4), Florida Statutes, do not apply to any such
orders issued by the State Coordinating Officer. No such order shall remain in effect beyond the
expiration of this Executive Order, including any extension thereof.
Section 3. I order the Adjutant General to activate the Florida National Guard, as needed,
to deal with this emergency.
Section 4. I find that the special duties and responsibilities resting upon some state,
regional, and local agencies and other governmental bodies in responding to this emergency may
require them to suspend or waive certain statutes, rules, ordinances, and orders they administer.
Therefore, I issue the following authorizations:
A. Pursuant to section 252.36(6)(a), Florida Statutes, the Executive Office of the
Governor may suspend all statutes and rules affecting budgeting to the extent necessary to provide
budget authority for state agencies to cope with this emergency. The requirements of sections
252.46(1)-(2) and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the
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Executive Office of the Governor. No such suspension shall remain in effect beyond the expiration
of this Executive Order, including any extension thereof.
B. Each state agency may suspend the provisions of any regulatory statute
prescribing the procedures for conduct of state business or the orders or rules of that agency, if
strict compliance with the provisions of any such statute, order, or rule would in any way prevent,
hinder, or delay necessary action in coping with the emergency. This includes, but is not limited
to, the authority to suspend any and all statutes, rules, ordinances, or orders which affect leasing,
printing, purchasing, travel, and the condition of employment and the compensation of employees.
In accordance with section 252.361l(1), Florida Statutes, any agency order, declaration, or other
action suspending a statute or Wile shall specify each statute or rule being amended or waived, if
applicable, and the expiration date for the order or action. The requirements of sections 252.46(1)-
(2) and 120.54(4), Florida Statutes, shall not apply to any such suspension issued by a state agency.
No such suspension shall remain in effect beyond the expiration of this Executive Order, including
any extension thereof
C. In accordance with section 252.38(3), Florida Statutes, each political
subdivision within the State of Florida may waive the procedures and formalities otherwise
required of the political subdivision by law pertaining to:
1) Performance of public work and taking whatever prudent action is
necessary to ensure the health, safety, and welfare of the community;
2) Following local procurement and contracting policies;
3) Entering into contracts; however, political subdivisions are cautioned
against entering into time and materials contracts without a ceiling as defined by 2 CFR 200.3180)
or cost plus a percentage of cost contracts prohibited by 2 CFR 200.324(d);
4) Incurring obligations;
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5) Employment of permanent and temporary workers;
6) Utilization of volunteer workers;
7) Rental of equipment;
8) Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities; and
9) Appropriation and expenditure of public funds.
D. All agencies whose employees are certified as disaster service volunteers within
the meaning of section 110.120(2)(d), Florida Statutes, may, in accordance with section
110.120(3), Florida Statutes, release any such employees for such service as requested by the
employee to meet this emergency.
E. The Secretary of the Florida Department of Transportation (DOT) may:
1) 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;
2) Manage the flow oftraffic or close any and all roads, highways, and portions
of highways as maybe needed for the safe and effieienttransportation of evacuees to those counties
that the State Coordinating Officer may designate as destination counties for evacuees in this
emergency;
3) Suspend enforcement of the registration requirements pursuant to section
316.545(4), Florida Statutes, for commercial motor vehicles that enter Florida to provide
emergency services or supplies, to transport emergency equipment, supplies or personnel, or to
transport FEMA mobile homes or office style mobile homes into or from Florida;
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4) 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; and
5) Waive the size and weight restrictions for divisible loads on any vehicles
transporting emergency equipment, services, supplies, and agricultural commodities and citrus as
recommended by the Commissioner of Agriculture, allowing the establishment of alternate size
and weight restrictions for all such vehicles for the duration of the emergency. The DOT shall
issue permits and such vehicles shall be subject to such special conditions as the DOT 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, Wile, order, or other legal requirement not specifically waived or
suspended herein or by supplemental order by the State Coordinating Officer.
F. The Executive Director of the Department of Highway Safety and Motor
Vehicles (DHSMV) may:
1) Suspend enforcement of the registration requirements pursuant to sections
316.545(4) and 320.0715, Florida Statutes, for commercial motor vehicles that enter Florida to
provide emergency services or supplies, to transport emergency equipment, supplies or personnel,
or to transport FEMA mobile homes or office style mobile homes into or from Florida;
2) Waive the hours -of -service requirements for such vehicles;
3) Suspend the enforcement of the licensing and registration requirements
under the International Fuel Tax Agreement (IFTA) pursuant to chapter 207, Florida Statutes, and
the International Registration Plan (IRP) pursuant to section 320.0715, Florida Statutes, for motor
carriers or drivers operating commercial motor vehicles that are properly registered in other
jurisdictions and that are participating in emergency relief efforts through the transportation of
equipment and supplies or providing other assistance in the form of emergency services;
4) Waive fees for duplicate or replacement vessel registration certificates,
vessel title certificates, vehicle license plates, vehicle registration certificates, vehicle tag
certificates, vehicle title certificates, handicapped parking permits, replacement drivers' licenses,
and replacement identification cards and to waive the additional fees for the late renewal of or
application for such licenses, certificates, and documents due to the effects of adverse weather
conditions; and
5) Defer administrative actions and waive fees imposed by law for the late
renewal or application for the above licenses, certificates, and documents, which were delayed due
to the effects of adverse weather conditions, including in counties wherein the DHSMV has closed
offices, or any office of the County Tax Collector that acts on behalf of the DHSMV to process
renewals hes closed offices due to adverse weather conditions.
Recordkeeping and other applicable requirements for existing IFTA and IRP licensees and
registrants are not affected by this Executive Order. The DHSMV shall promptly notify the State
Coordinating Officer when the waiver is no longer necessary.
O. In accordance with section 465.0275(2), Florida Statutes, pharmacists may
dispense up to a 30-day emergency prescription refill of maintenance medication to persons who
reside in an area or county covered under this Executive Order and to emergency personnel who
have been activated by their state or local agency but who do not reside in an area or county covered
by this Executive Order. In accordance with section 465.019(4)(b), Florida Statutes, a hospital
that operates a Class D or Class III institutional pharmacy located in an area or county covered
under this Executive Order may prescribe and dispense a supply of a medicinal drug lasting up to
72 hours.
H. All state agencies responsible for the use of state buildings and facilities may
close such buildings and facilities in those portions of the State affected by this emergency, to the
extent necessary to meet this emergency. I direct each state agency to report the closure of any
state building or facility to the WebEOC system utilized by the Division of Emergency
Management Under the authority contained in section 252.36, Florida Statutes, I direct each
county to report the closure of any building or facility operated or maintained by the county or any
political subdivision on a daily basis to the WebEOC system. Furthermore, I direct the Secretary
of the Department of Management Services to:
1) Maintain an accurate and up-to-date list of all such closures; and
2) Provide that list daily to the State Coordinating Officer.
I. All state agencies may abrogate the timerequirements, notice requirements, 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. All such time requirements that have not yet expired as of the
date of this Executive Order are suspended and tolled to the extent necessary to meet this
emergency.
J. All agencies shall implement Selected Exempt Services (SES) Extraordinary
Payment Plans and Career Service Regular Compensatory Leave Payment Plans for:
1) All essential agency personnel who are required to work extraordinary
hours when state-owned or state -operated facilities are closed in response to an emergency
condition. Employees who are eligible to receive extraordinary pay under the agency's activated
plan shall accrue special compensatory leave credits for work performed during facility closures
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up to the number of hours in the employee's established workday. For these employees, any
additional time worked beyond the employee's established workday during facility closures will
result in extraordinary pay;
2) All agency personnel who are assigned to the State Emergency Operations
Center and are required to work extraordinary hours; and
3) All agency personnel who are deployed throughout the state in response to
an emergency condition and are required to work extraordinary hours.
K. Allstate agencies may waive the forty -day time limit to issue a warrant pursuant
to section 215.422(3)(a)-(b), Florida Statutes. This waiver applies to invoices and reimbursement
requests arising from this emergency that were received, inspected, and approved by the agency
prior to the expiration of this Executive Order, including any extension thereof. This waiver of
section 215.422(3)(a)-(b), Florida Statutes, and all waivers based upon this waiver shall expire
upon the expiration of this Executive Order, including any extension thereof.
L. The provisions of section 934.50, Florida Statutes, excluding subsection (4), are
waived for state and local agencies conducting emergency operations arising from the state of
emergency for the limited purpose of capturing aerial evidence concerning the amount of damage
sustained to private and public property; to assist in search, rescue, and recovery activities; and
prevent imminent danger to life or serious damage to property.
Section 5. All public facilities, including elementary and secondary schools, community
colleges, state universities, and other facilities owned or leased by the state, regional or local
governments that are suitable for use as public shelters shall be made available at the request of
the local emergency management agencies to ensure the proper reception and care of all evacuees.
Under the authority contained in section 252.36, Florida Statutes, I direct the Superintendent of
each public school district in the State of Florida to report the closure of any school within its
district to the Commissioner of the Florida Department of Education. Furthermore, I direct the
Commissioner of the Department of Education to:
A. Malmam an accurate and up-to-date list of all such closures; and
B. Provide that list daily to the State Coordinating Officer,
Section 6. 1 find that the demands placed upon funds specifically appropriated to state and
local agencies for disaster relief or response are unreasonably great and that such funds may be
inadequate to pay the costs of coping with this emergency. in accordance with section
252.37(2)(b), Florida Statutes, I direct that sufficient funds be made available, as needed, by
transferring and expending moneys from the Emergency Preparedness and Response Fund created
under section 252,3711, Florida Statutes.
In accordance with section 252.37(2)(a), Florida Statutes, stale agencies responding to this
emergency must first spend funds specifically appropriated for disaster relief or response. If no
specifically appropriated funds exist, or if funds specifically appropriated are exhausted, state
agencies arc authorized to spend funds from the Emergency Preparedness and Response Fund
through the procedures outlined in Memorandum No. 22-046, Emergency Preparedness and
Response.
Seedon7 All state agencies entering emergency orders, emergency rules, or other
emergency actions in response to this emergency shall advise the State Coordinating Officer
contemporaneously or as soon as practicable thereafter, and, pursuant to section 252.36(3)(b),
Florida Statutes, shall submit the order or declaration to the Division of Administrative Hearings
within five days of issuance.
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
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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, Florida Statutes, for a person to rent or sell or offer to rent or sell at an
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 l0. Under the authority contained in sections 252.36(6)(a), (g), and (m), Florida
Statutes, I direct that, for the purposes of this emergency, the term "essentials', as defined by
section 252.359(2), Florida Statutes, shall be the same as and no more expansive than the term
"commodity", as defined by section 501.160(1)(a), Florida Statutes (hereinafter referred to
collectively or alternatively as "essential commodities'. Accordingly, any person who delivers
essential commodities to a location in the steals) declared to be under a state of emergency by this
Executive Order, and when necessary to ensure that those commodities are made available to the
public, may travel within evacuated areas and exceed curfews, provided the State Coordinating
Officer determines, after consultation with the appropriate Emergency Support Function(s), that:
A. Law enforcement officials in the declared area(s) can provide adequate security
to protect the essential commodities from theft;
E. The weight of a delivery vehicle will not jeopardize the structural integrity of
any roadway or bridge located within the declared area;
C. Delivery vehicles will not negatively impact evacuation activities in the
declared area(s); and
D. Delivery vehicles will not negatively impact any response or recovery activities
occurring within the declared area(s).
After consulting with the appropriate Emergency Support Function(s), and after consulting
with local officials, the State Coordinating Officer may dictate the routes of ingress, egress, and
movement within the declared area(s) that drivers must follow when delivering essential
commodities.
Provided he or she is actually delivering medications, any person authorized to deliver
medications under chapter 893, Florida Statutes, qualifies as a person delivering essential
commodities.
In order to qualify as a person delivering essential commodities under this section, a person
must be in the process of delivering essential commodities only. If an individual is transporting
both essential and non -essential commodities, then this section shall not provide any authorization
for that individual to enter into or move within the declared area(s).
Section 11. Consistent with Executive Order 80-29, nothing in this Executive Order shall
prevent local jurisdictions in any area not declared to be under a state of emergency by this
Executive Order from taping prompt and necessary action to save lives and protect the property of
their citizens, including the authority to compel and direct timely evacuation when necessary.
Section 12. I authorize the Florida Housing Finance Corporation to distribute funds
pursuant to section 420.9073, Florida Statutes, to any county, municipality, or other political
subdivision located within the area(s) declared to be under a state of emergency by this Executive
Order. The authority of the Florida Housing Finance Corporation to distribute funds in connection
with this emergency shall expire six months after the expiration of this Executive Order, including
any extension thereof.
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Section 13. 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.
Section 1 . This Executive Order is effective immediately and 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 be affixed, at Tallahassee, this 7th day of
November 2022.
/�z
AON DESANTIS, GOVERNOR
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