Ordinance 2002-50ORDINANCE NO. 2002 -? 50
AN ORDINANCE AMENDING CHAPTER 38,
EMERGENCIES, ARTICLE III, DECLARATION OF STATE O
EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84-37,
AS AMENDED, AMENDING SECTIONS 38.58 AND 38.59
Al)DING TO SUCCESSION OF AUTHORITY TO INCLUDE ALL
COUNTY COMMISSIONERS, THE COUNTY CLERK AND THE
DEPUTY COUNTY MANAGER; PROVIDING FOR INCLUSION
IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Florida Statutes, Chapter 252 provides for emergency management for Florida
counties; and
WHEREAS, Florida Statutes, Chapter 252 has been amended from time to time and Collier
County desires to have its existing Emergency Management Ordinance conform to the Florida
statutory provisions; and
WHEREAS, there is a need to clarify certain provisions of the existing Collier County
Emergency Management Ordinance in order to better define the extent of the Co~'s ~ergency
management powers; and
WHEREAS, certain issues pertaining to rendering outside aid and liability foX'he usmof p'~ate
property are being provided for herein; and zoz~ ..
WHEREAS, the intent of the following amendments is to ensure that Collier County is
properly prepared in the event of a hurricane or other natural or manmade disaster; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Collier County Ordinance 84-37, as
amended, is further amended as follows:
SECTION ONE: Article III. Declaration of State of Emergency, Sections 38-56, through 38-70 of the
Code of Laws and Ordinances of Collier County, Florida are amended as follows:
Section 38-56. Intent.
It is the intent of the county to designate a county official to declare a local state of emergency
and to authorize certain actions relating thereto when a quorum of the board of county commissioners
is unable to meet. For the purpose of this article, "emergency" is defined as provided in F.S. ch. 252,
as follows: any occurrence, or threat thereof, whether accidental, natural or caused by man, in war or
in peace, which results or may result in substantial injury or harm to the population or substantial
damage to or loss of property.
Words underlined are added; Words ,';tr'.:'ck tSrm:'g~ are deleted.
(Ord. No. 84-37, § 1)
Section 38.57. Definitions.
(1) "Disaster" means any natural, technological, or civil emergency that causes damage of
sufficient severity and magnitude to result in a declaration of a state of emergency by the county, the
Disasters shall be identified by the severity of
Governor, or the President of the United States.
resulting damage, as follows:
(2)
(3)
(4)
(a) "Catastrophic disaster" means a disaster that will require massive state and
federal assistance, including immediate military involvement.
(b) "Major disaster" means a disaster that will likely exceed local capabilities and
require a broad range of state and federal assistance.
(c) "Minor disaster" means a disaster that is likely to be within the response
capabilities of local government and to result in only a minimal need for state or
federal assistance.
"Division" means the Division of Emergency Management of the Department of
Community Affairs, or the successor to that division.
"Emergency" means any occurrence, or threat thereof, whether natural, technological,
or manmade, in war or in peace, which results or may result in substantial injury or
harm to the population or substantial damage to or loss of property.
"Emergency management" means the preparation for, the mitigation of, the response to,
and the recovery from emergencies and disasters. Specific emergency management
responsibilities include, but are not limited to:
(a) Reduction of vulnerability of people and communities of this state to damage,
injury, and loss of life and property resulting from natural, technological, or
manmade emergencies or hostile military of paramilitary action.
(b) Preparation for prompt and efficient response and recovery to protect lives and
property affected by emergencies.
(c) Response to emergencies using all systems, plans, and resources necessary to
preserve adequately the health, safety, and welfare of persons or property
affected by the emergency.
Recovery from emergencies by providing for the rapid and orderly start of
restoration and rehabilitation of persons and property affected by emergencies.
(d)
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Words underlined are added; Words girt:ok t~r--.t:gh are deleted.
(e) Provision of an emergency management system embodying all aspects of pre-
emergency preparedness and post-emergency response, recovery, and
mitigation.
(f) Assistance in anticipation, recognition, appraisal, prevention, and mitigation of
emergencies which may be caused or aggravated by inadequate planning for and
regulation of, public and private facilities and land use.
(5) Emergency Management Department means the County department created in
accordance with the provisions of Florida law to discharge the emergency management
responsibilities and functions of Collier County.
(6) "Manmade emergency" means an emergency caused by an action against persons or
society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or
other action impairing the orderly administration of government.
(7) "Natural emergency" means an emergency caused by a natural event, including, but not
limited to, a hurricane, a storm, a flood, severe wave action, a drought, or an
earthquake.
(8) The Director of the Office of Emergency Management is the county official having the
responsibility to execute the emergency management plan in Collier County and shall
hereinafter be referred to as the "Director".
Section 38-58. Officer designated to declare emergency.
Pursuant to F.S. ch. 252, which authorizes the waiver of procedures and formalities otherwise
required of political subdivisions to take whatever prudent action is necessary to ensure the health,
safety and welfare of the community in the event of a state of emergency, when a quorum of the board
of county commission is unable to meet, the chairman of the board of county commissioners, or the
vice-chairman in his or her absence, and in the absence of the chairman and vice-chairman; the next
County Commissioner in order of seniorit¥, or if two or more were:appointed on the same date, then in
alphabetical order among them; and in the absence of any Commissioner; ov the oCounty Manager,
in the absence of the County Managerl ov t~e ~er2gnee of the Clerk of Courtsl and in the Clerk's
absence the Deputy County Manager -is are hereby designated and empowered to declare a local state
of emergency whenever h~ the designated person , according to the above order of preference shall
determine that a natural or manmade disaster has occurred or that the occurrence or threat of one is
imminent and requires immediate and expeditious action.
(Ord. 84-37, § 2)
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Words underlined are added; Words strt:ck t~raug~ are deleted.
Section 38-59. Extent of Statement of Emergency.
A state of emergency shall be declared by proclamation of the chairman, or the vice chairman
in his or her absence, and in the absence of the chairman and vice chairman; the next County
Commissioner in order of seniority, or if two or more were appointed on the same date, then in
alphabetical order among them, and in the absence of any Commissioner; or-by the oCounty
mManager, in the absence of the County Manager; the Clerk of Courts; and in the Clerk's absence; ov
..j .... ~eslgnee of the Deputy County Manager. The state of emergency shall continue for seven (7)
days and may be extended in seven (7) day increments until the chairman, or vice-chairman in his
absence, the next County Commissioner in order of seniority, or if two or more were appointed on the
same date, then in alphabetical order among them, and in the absence of any Commissioner; ov c-oums,
............................ _ .... ~, .... o the oun Manager, and
the absence of the County Manager, the Clerk of Courts, and in the Clerk's absence; the Deputy
County Manager finds that the threat or danger no longer exists and/or until an emergency meeting of a
quorum of the Board of County Commissioners can take place and terminate the state of emergency
proclamation. (Ord. No. 84-37, § 3)
Section 38-60. Proclamation.
A proclamation declaring a state of emergency shall activate the disaster emergency plans
applicable to the county and shall be the authority for the use or distribution of any supplies,
equipment, materials or facilities assembled or arranged to be made available pursuant to such plans.
(Ord. No. 84-37, § 4)
Section 38-61. Use of Public Facilities for Shelters.
Public facilities, including schools, postsecondary education facilities, and other facilities
owned or leased by the state or local governments, but excluding hospitals or nursing homes, which are
suitable for use as public hurricane evacuation shelters shall be made available at the request of the
Emergency Management Director or Emergency Management Director's designee. The Director or
the Director's designee shall coordinate with the appropriate school board, university, community
college, or local governing board when requesting the use of such facilities as public hurricane
evacuation shelters.
Section 38-62. Power of Employees Rendering Outside Aid.
Words underlined are added; Words str',:",:!: t?.rough are deleted.
(1) Whenever the employees of the County are rendering aid beyond the territorial boundaries
of the county, such employees shall have the same powers, duties, fights, privileges, and immunities as
if they were performing their duties in the County.
(2)(a) The political subdivision in which any equipment is used pursuant to this section shall
be liable for any loss or damage thereto and shall pay any expense incurred in the operation and
maintenance thereof. No claim for such loss, damage, or expense shall be allowed unless an itemized
notice of such claim under oath is served by mail or otherwise upon the chief fiscal officer of the
political subdivision in which the equipment was used within 60 days after the loss, damage, or
expense is sustained or incurred.
(b) The political subdivision which is aided pursuant to this section shall also pay and
reimburse the County for furnishing such aid for compensation paid to employees furnished under this
section during the time of the rendition of such aid and shall defray the actual travel and maintenance
expenses of such employees while they are rendering such aid. Such reimbursement shall include any
amounts paid or due for compensation due to personal injury or death while such employees are
engaged in rendering such aid. The term "employee" as used in this section means, and the provisions
of this section apply with equal effect to, paid, volunteer, and auxiliary employees and emergency
management services workers. The same shall apply for aid rendered to Collier County.
Section 38-63. Mutual Aid Agreements.
(1) The County is authorized to develop and enter into mutual aid agreements within the state
for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with
unassisted. Copies of such agreements shall be sent to the Florida Division of Emergency
Management. Such agreements shall be consistent with the state comprehensive emergency
management plan and program, and in time of emergency it shall be the duty of the County to render
accordance with the provisions of such mutual aid:agreements to the fullest possible
assistance in
extent.
Section 38-64. Compensation.
(1) Compensation for services or for the taking or use of property shall be owed only to the
extent that a claimant may not be deemed to have volunteered her or his services or property without
compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to
render such services or make such property so available.
Words underlined are added; Words struck through are deleted.
(2) Compensation owed for personal services shall be only such as may be fixed by the Florida
Division of Emergency Management. '
(3) Compensation for property shall be owed only if the property was commandeered or
otherwise used in coping with an emergency and its use or destruction was ordered by the County.
(4) Any person claiming compensation for the use, damage, loss, or destruction of property
shall file a claim therefor with the County utilizing the claim form attached hereto as Exhibit "A".
(5) Unless the amount of compensation owed on account of property damaged, lost, or
destroyed is agreed between the claimant and the County, the amount of compensation shall be
calculated in the same manner as compensation due for a taking of property pursuant to the
condemnation laws of this state except that if a party making a claim pursuant to this provision who
disagrees with the amount of compensation offered by the County shall bear its own costs and attorney
fees.
(6) Nothing in this section applies to or authorizes compensation for the destruction or
damaging of standing timber or other property in order to provide a firebreak or damage resulting from
the release of waters or the breach of impoundments in order to reduce pressure or other danger from
actual or threatened flood or applies to or authorizes compensation beyond the extent of funds
available for such compensation.
Section 38-65. Emergency Orders and Rules.
All emergency orders and rules adopted by the County during a declared state of emergency shall have
the full force and effect of law after adoption when filed in the office of the Clerk of Courts or the
designee of the Clerk of Courts.
Section 38-66. Enforcement.
The law enforcement authorities of the County and municipalities of the County shall enforce
the orders and rules issued pursuant to Section 38.65 herein.
Section 38-67. Liability.
Any person or organization, public or private, owning or controlling real estate or other
premises who voluntarily and without compensation other than payment or reimbursement of costs and
expenses, grants a license or privilege or otherwise permits the designation by the County Emergency
Management Department for use of the whole or any part of such real estate or premises for the
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Words underlined are added; Words ...... ~- ,~- ..... ~
.............. 0.. are deleted.
purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with
her or his successor in interest, if any, shall not be liable for the;death of, or injury to, any person on or
about such real estate or premises during the actual, impending, mock, or practice emergency, or for
loss of, or damage to, the property of such person, solely by reason or as a result of such license,
privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such
person owning or controlling such real estate or premises or her or his successor in interest is the
proximate cause of such death, injury, loss, or damage occurring during such sheltering period. Any
such person or organization who provides such shelter space for compensation shall be deemed to be
an instrumentality of the State or the County where applicable, for the purposes of F.S. 768.28.
Section 38-68. Authorized Emergency Measures.
In addition to any other powers conferred by law, upon the declaration of a state of emergency
pursuant to this article, the chairman, or vice-chairman in his or her absence, and in the absence of the
chairman and vice-chairman; the next County Commissioner in order of seniority, or if two or more
were appointed on the same date, then in alphabetical order among them, and in the absence of any
Commissioner; ov the County manager, in the absence of the County Manager; the Clerk of Courts;
and in the Clerk's absence~ the Deputy County Manager "-~ ~-: ...... ~ vice ,-h,.~_
............................. a,, may order
and promulgate all or any of the following emergency measures to be effective during the period of
such emergency in whole or in part, and with such limitation and conditions as he may deem
appropriate to protect the health, safety and welfare of the community:
(1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms,
explosives, and combustibles.
(2) Establish curfews, including but not limited to the prohibition of or restrictions on
pedestrian and vehicular movement, standing and parking, except for the provision of
designated, essential services, such as fire, police, emergency medical services and
hospital services, including the transportation of patients, utility emergency repairs and
emergency calls by physicians.
(3) Utilize all available resources of the county government as reasonably necessary to cope
with the disaster emergency. Any single expenditure exceeding $50,000.00 shall be co-
signed by the County Attorney or his or her designee.
(4) Emergency management powers; political subdivisions
1. To appropriate and expend funds; make contracts; obtain and distribute
equipment, materials, and supplies for emergency management purposes;
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Words underlined are added; Words str'..'ck thraugh are deleted.
provide for the health and safety of persons and property, including
emergency assistance to the victims df any emergency;
To appoint, employ, remove, or provide, with or without compensation,
coordinators, rescue teams, fire and police personnel and other emergency
management workers.
(5) Declare certain areas off limits to all but emergency personnel.
(6) Make provisions for availability and use of temporary
emergency warehousing of materials.
emergency housing and
(7) Establish emergency operating centers and shelters in addition to or in place of those
provided for in the county's emergency plan.
(8) Declare that during an emergency it shall be unlawful and an offense against the county
for any person to use the fresh water supplied by the county, or local municipalities or
other entities for any purpose other than cooking, drinking or bathing.
(9) Declare that during an emergency it shall be unlawful and an offense against the county
for any person operating within the county to charge more than the normal average retail
price for any merchandise, goods or services sold during the emergency. The average
retail price as used herein is defined to be that price at which similar merchandise, goods
or services were being sold during the 30 days immediately preceding the emergency or
at a mark-up which is a larger percentage over wholesale cost than was being added to
wholesale cost prior to the emergency.
(10)Confiscate merchandise, equipment, vehicles or property needed to alleviate the
emergency, with the exception of emergency vehicles. Reimbursement shall be within
60 days and at customary value charged for the items during 90 days previous to the
emergency.
(Il)Preceding or during the emergency, the chairman, the vice-chairman, or in their
absence, the manager, shall have the authority to request the National Guard or the
Army, Coast Guard, or other law enforcement divisions as necessary to assist in the
mitigation of the emergency or to help maintain law and order, rescue and traffic control.
(Ord. No. 84-37, § 5)
(12) Further, the County has the power and authority to waive the procedures and formalities
otherwise required by law pertaining to:
Words underlined are added; Words struck t~rzt:g~ are deleted.
i. Performance of public work and taking whatever prudent action is
necessary to ensure the health, safety, and welfare of the community.
ii. Entering into contracts.
iii. Incurring obligations.
iv. Employment of permanent and temporary workers.
v. Utilization of volunteer workers.
vi. Rental of equipment.
vii. Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities.
viii. Appropriation and expenditure of public funds.
Section 38-69. Declaration, termination by board while in session.
Nothing in this article shall be construed to limit the authority of the board of county
commissioners from declaring or terminating a state of emergency and taking any action authorized by
law when sitting in regular or special session. (Ord. No. 84-37, § 6)
Section 38-70. Penalty for violation.
Penalties.--Any person violating any provision of this Emergency Management Code or any
rule or order made pursuant to this Emergency Management Code is guilty of a misdemeanor of the
second degree, punishable as provided in Florida Statutes, Sections 775.082 or 775.083. Each day of
continued noncompliance or violation shall constitute a separate offense. In addition to the foregoing,
any licensee of the county found guilty of violation any provision of this article, or the emergency
measures which may be made effective pursuant to this article, may have his license suspended or
revoked by the board of county commissioners.
(a) Nothing herein contained shall prevent the county from taking such other lawful action
in any court of competent jurisdiction as is necessary to prevent or remedy any refusal
to comply with, or violation of, this article or the emergency measures which may be
made effective pursuant to this article. Such other lawful action shall include but not
be limited to an equitable action for injunctive relief or an action at law for damages.
(Ord. No. 84-37, § 7)
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
Words underlined are added; Words struck thra::gh are deleted.
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any
other appropriate word. :
SECTION THREE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this~ay of~__, 2002.
ATT,EST:-" ,'?:.
DWIGHT E. B.,ROCK, Clerk
· )a' ' ,C
ltte~t~ja~:~. Cha I.~.S
BOARD OF COUNTY COMMISSIONERS
BY:
JAML;;~ N. COLETTA, Chairman
Approved as to form and legal sufficiency:
Ja~clueli~e Hubbard Robinson
Ashlistant County Attorney
This ordinance filed with the
Secretaryof ~Officethe
/-.~J~day of_ ,
and ackr,,),,,Ic~Igement o.~f that
filin~,receiYed this
' Deputy Clerk '
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Words underlined are added; Words struck thro'.:g~ are deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2002-50
Which was adopted by the Board of County Commissioners on
the 8th day of October, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 9th day
of October, 2002.
DWIGHT E. BROCK ---.-~
Clerk of Courts and Clerk
Ex-officio to Board 'of~.
County Commissioners
By:
Ellie Hoffman, .
Deputy Clerk