Memorandum

DATE: September 10, 2004
TO: Interested Media
FROM: Jill Bratina, Governor's Communications Director
RE: Governor's Executive Order 04-206

Please see the attached Executive Order Number 04-206, regarding Hurricane Ivan.

If you have any questions or need additional information, please call the Governor's press office at (850) 488-5394.

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STATE OF FLORIDA

OFFICE OF THE GOVERNOR

EXECUTIVE ORDER NUMBER 04-206

(Emergency Management)


WHEREAS, on August 10, 2004, the Governor issued Executive Order 04-182 to declare a state of emergency because of Hurricane Charley; and
WHEREAS, on August 13, 2004, Hurricane Charley came ashore in the southwestern portion of the State as a Category 4 hurricane and devastated communities in the southwestern and central portions of the State; and
WHEREAS, on September 1, 2004, the Governor issued Executive Order 04-192 to declare a state of emergency because of Hurricane Frances; and
WHEREAS, on September 5, 2004, Hurricane Frances came ashore as a Category 2 hurricane and devastated communities in the central, eastern and northeastern portions of the State; and
WHEREAS, the State is now trying to recover from the cumulative impacts of Hurricanes Charley and Frances, and has called on a massive infusion of resources from the United States Government and from other States to the communities stricken by these disasters; and
WHEREAS, on September 10, 2004, the National Hurricane Center advised that Hurricane Ivan has now become a Category 4 hurricane, with sustained surface winds exceeding 140 miles per hour, and that it may strengthen even further; and
WHEREAS, Hurricane Ivan threatens a number of communities in the State of Florida with extreme weather conditions which pose an immediate danger to the lives and property of persons in those communities; and
WHEREAS, it is likely that Hurricane Ivan will strike those communities within a matter of days, 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 in addition to those needed for Hurricanes Charley and Frances may be required 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, emergency measures in addition to those needed for Hurricanes Charley and Frances may be needed to protect the lives and property of persons in the threatened communities, and the general welfare of the State of Florida; 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;
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 Ivan, alone and in combination with the destruction by Hurricanes Charley and Frances, threatens the State of Florida with yet another catastrophic 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 Ivan. 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 Ivan.
Section 2. I hereby incorporate Executive Order 04-192, as
amended, by reference into this Executive Order, and all mission assignments and orders issued by the State Coordinating Officer and Deputy State Coordinating Officers in connection with Hurricanes Charley and Frances under the authority of Executive Order 04-192, as amended, are hereby ratified and extended as if issued on this date. Executive Order 04-192, as amended, is also hereby extended, so that its date of expiration will coincide with the 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 this 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 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 from such other States that are made available to the State of Florida 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 any and 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 performance of essential 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 governmental 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 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 or rule governing the conduct of state business, and the further 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.
B. 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, 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 yet expired as of the date of this Executive Order are hereby suspended and tolled to the extent needed to meet this emergency.
C. 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.
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 unappropriated surplus, from the Budget Stabilization Fund, and from the Working Capital Fund.
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.
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 whose consumption or use 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 on
September 10, 2004, and all actions taken by the Director of the Division of Emergency Management with respect to Hurricane Frances 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 10th day of September, 2004.


______________________________
GOVERNOR

ATTEST:


______________________________
SECRETARY OF STATE