Agenda 06/28/2011 Item #10F
Agenda Changes
Board of County Commissioners Meeting
.June 28, 2011
Withdraw Item 10F: Recommendation
to approve a Resolution establishing an
outdoor burning ban in the
unincorporated areas of Collier County in
accordance with Ordinance No. 2009-23,
the Regulation of Outdoor Burning and
Incendiary Devices during Drought
Conditions Ordinance. (Staff's request)
Move item 16BI to Item 13A: Recommendation for the Board of County Commissioners (BCC), acting as
the Community Redevelopment Agency (CRA), to approve the relocation of Immokalee CRA Office, approve
the master lease with Barron Collier Partnership, LLLP, and authorize the Chairman to sign the master lease
agreement. (3120 15th Street North, Unit 2, Immokalee). (Commissioner Henning's request)
Move Item 16E7 to Item lOG: Recommendation to approve a Final Management Plan for the
Gordon River Greenway Preserve under the Conservation Collier Land Acquisition Program and direct the
County Managerl or his designee. to implement the plan. (Commissioner Henning's request)
Move Item 16A2 to Item 10H: Recommendation to approve the purchase of five (5) acres of
unimproved property which will be required for the construction of a storrnwater detention and treatment
pond for Phase II of the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal
Impact: $50,450) (Commissioner Hiller's request)
Move Item 16DI to Item 101: Recommendation to approve a waiver pursuant to CMA #5311(M), to
authorize the Parks and Recreation Director's participation and service as a member of the Early Learning
Coalition of Southwest Florida, Inc. Board of Directors. (Commissioner Hiller and Commissioner Coyle's
separate requests)
Move Item 16E3 to Item 10J: Recommendation to authorize the Chairman to execute a letter to the South
Florida Water Management District (SFWMD) giving Century Oil Inc., LLC permission to apply for a water
use permit within the Caracara Prairie Preserve. (Commissioner Hiller and Commissioner Coyle's separate
requests)
Move Item 16A9 to Item lOK: Recommendation to authorize the use of the newly adopted "Warehouse"
Road Impact Fee rate for the United Materials, Inc. expansion project, if the Building Permit for the
proposed construction is applied for prior to the effective date of September I, 2011 for the new/revised land
use rates. (Commissioner Hiller's request)
Move Item 16E4 to Item 10L: Recommendation to conduct the Conservation Collier Annual Public
Meeting to provide the Board of County Commissioners and public with an update on the Program's past
activities. (Commissioner Coyle's request)
6/28/2011 Item 10F
EXECUTIVE SUMMARY
Recommendation to approve a Resolution establishing an outdoor burning han in the
unincorporated areas of Collier County in accordance with Ordinance No. 2009-23, the
Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions
Ordinance.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached
Resolution which will enact an outdoor hurning ban in accordance with Ordinance No. 2009-23.
CONSIDERATIONS: On May 12, 2009, the Board adopted Ordinance No. 2009-23, the
Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance,
for the purpose of protecting public health. safety and welfare, and averting the destruction of
real and personal property caused by wildfires. Since this is a reoccurring event in our area, the
Ordinance is structured similar to a light switch, becoming applicable only upon the Board
declaring a state of local emergency by Resolution. The ban then becomes inactive upon the
Board finding, by Resolution, that the local emergency no longer exists.
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Due to significant rainfall deficits in 20 II, Southwest Florida is experiencing severe drought
conditions that have resulted in multiple wildfires in eastern Collier County. As such, the
Department of Emergency Management and the Collier County Fire Chiefs Association are
recommending a ban on all outdoor burning until such time as these severe drought conditions
cease. The proposed Resolution implements the provisions set forth in Ordinance No. 2009-23.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Resolution was drafted by the County Attorney
and is legally sufficient for Board action. A majority vote is required for approval. - JAK
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Resolution which will establish an outcloor burning ban in unincorporated Collier County
pursuant to Ordinance No. 2009-23.
Prepared Bv: Dan Summers, Director
Bureau of Emergency Services
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6/28/2011 Item 10.F.
COLLIER COUNTY
Board of County Commissioners
Item Number: 1O.F.
Item Summary: Recommendation to approve a Resolution establishing an outdoor
burning ban in the unincorporated areas of Collier County in accordance with Ordinance No.
2009-23, the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions
Ordinance. (Dan Summers, Director, Bureau of Emergency Services)
Meeting Date: 6/28/2011
Prepared By
Name: BoniChristine
Title: Administrative Assistant. Senior,
6/22/20 II 8:44:41 AM
Submitted by
Title: Director - Bureau of Emergency Services,
Name: SummersDan
6/22/2011 8:44:43 AM
Approved By
Name: Summers Dan
Title: Director - Bureau of Emergency Services,
Date: 6/22/2011 8:57:52 AM
Name: MuckelCynthia
Title: Applications Analyst,lnformation Technology
Date: 6/22/2011 9:0 I :57 AM
Name: MuckelCynthia
Title: Applications Analyst.1nformation Technology
Date: 6/22/20119:13:41 AM
Name: PryorCheryl
Title: Management! Budget Analyst, Senior,Oftice of Management & Budget
Date: 6/22/2011 10:01:51 AM
Packet Page -272-
Name: OchsLeo
Title: County Manager
Date: 6/22/201] 4:45:] 3 PM
'.
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6/28/2011 Item 10.F.
Collier County Fire Chiefs' Association
Big Corkscrew Island Golden Gate Ochopee
City of Marco Island lmmokalee Colliet E.M
City of Naples Isles of Capri Collier EMS
East Naples North Naples Florida D.O.F
June 15,2011
RECEIVED
JUN 20 2011
Mr. Dan E. Summers, Director
Collier County Bureau of Emergency Services
8075 Lely Cultural Parkway, Suite 445
- Naples,FL34113
EMERGENCY MANAGEMENT
;
RE: Temporary Ban on Open Burning
Dear Mr. Summers:
In recognition of the near-record drought conditions in southwest Florida and the
issuance by Governor Rick Scott of a recent Executive Order that highlights the many
active brush and wildland fires throughout the State, the collective membership of the
Collier County Fire Chiefs' Association has taken a position to support a 30 day ban on
open burning within unincorporated Collier County. We urge that this action be taken by
the Board of County Commissioners as soon as possible and that this ban be implemented
immediately thereafter.
Current dry conditions are resulting in fire behavior that is well outside the norm. Fires
are starting with little effort, burning with greater intensity and spreading faster than our
ability to immediately contain. This action is urged for the safety and well-being of all
Collier County residents whose lives and property may be placed at risk as a result of
uncontrolled wildfire.
Please let me know if there is anything else we may do to facilitate tlie eXecution of this
desired temporary ban on open burning.
__A
Most sincerely,
CC: Mr. Leo Ochs - Collier County Manager
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6/28/2011 Item 10.F.
ORDINANCE NO. 2009 - 23
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, DECLARING A
STATE OF LOCAL EMERGENCY; PROVIDING FOR THE
EMERGENCY REGULATION OF OUTDOOR BURNING AND USE OF
INCENDIARY DEVICES DURING CONDITIONS OF EXTREME
DROUGHT; PROVIDING FOR IMPLEMENTION OF THIS
ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR
PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS. Section 125.66(3). Florida Statutes, authorizes Collier County to use an
emergency enactment procedure for the adoption of an Emergency Ordinance in the event an
emergency exists that warrants the immediate enactment of said Emergency Ordinance; and
WHEREAS. as a result of an extreme drought. Collier County is presently experiencing
severe wildfires throughout the County which is endangering the public health, safety and
welfare. and is also endangering real and personal property in Collier County; and
WHEREAS. the Board of County Commissioners hereby finds that to protect the public
health, safety and welfare, and to preserve real and personal property, it is necessary to
implement an immediate ban of outdoor burning and outdoor ignition sources; and
WHEREAS, because Collier County is likely to experience extreme drought conditions
in the future. and since the changing nature of these conditions during periods of drought
requires flexibility and the ability to take prompt action. the Board of County Commissioners
wishes to implement this Ordinance through a resolution process.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title.
This Ordinance shall be known as the "Regulation of Outdoor Burning and Incendiary
Devices during Drought Conditions Ordinance."
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6/28/2011 Item 10.F.
SECTION TWO: Declaration of Local Emergency.
The Collier County Board of County Commissioners ("Board"), convened in regular
session, hereby declares and ordains that a local emergency exists within Collier County, Florida,
requiring immediate measures to protect the public health, safety and welfare, and to protect real
and personal property in Collier County. This Ordinance is adopted after public hearing
pursuant to, and in accordance with Section 125.66(3), Florida Statutes.
SECTION THREE: Purpose and Intent.
The purpose of this Ordinance is to limit fire hazards in Collier County on an emergency
basis during periods and conditions of extreme drought by regulating the use of outdoor ignition
sources in order to protect the public health, welfare and safety and to reduce the risk of loss and
damage to real and personal property. This Ordinance shall be applicable upon the Board
declaring a state oflocal emergency by subsequent resolution as set forth below. This Ordinance
shall be suspended at all times when the Board has not declared by resolution that a state of local
emergency exists. This Ordinance is further adopted to effectuate a mechanism whereby the
Board can act relatively quickly to rapidly changing drought conditions.
SECTION FOUR: Jurisdidion and Enforcement.
The areas subject to this Ordinance shall be all the unincorporated areas of Collier
County, Florida. The sheriff and any other law enforcement officers as defined by general law
with jurisdiction in the County, and designated Collier County code enforcement officers, shall
have the authority to enforce the terms and provisions of this Ordinance and any approved
County Resolution implementing this Ordinance.
SECTION FIVE: Implementation by Resolution.
When the County Manager makes a determination that there exists a drought emergency,
the County Manager shall send written notification of such condition to the Board. The County
Manager in making the determination of the existence of a drought emergency shall take into
consideration such factors including, but not limited to the following:
A. The KeetchIByram Drought Index, or any similar such index.
B. Discussions and consultation with the Division of State Forestry.
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6/28/2011 Item 10.F.
C. Consultation with fire chiefs in the County.
D. Study of meteorological conditions and climatological forecasts.
E. Whether the condition of the vegetation in the County makes it susceptible to ignition.
F. Any actions taken by surrounding jurisdictions in regard to drought conditions and fire
hazards.
G. Any other condition or factor which could have a bearing on eXlstmg fire hazard
conditions and which reasonable persons of prudence would nonnally rely on to
determine if a fire hazard condition exists.
In making such written presentation to the Board, the County Manager will recommend
which prohibitions to impose and under what, if any, conditions open burning or the discharge of
fireworks or other incendiary devices will be allowed. The Board may impose any or all of the
prohibitions as conditions warrant. Outdoor burning may include, but shall not be limited to,
campfires, bonfires. trash burning and other similar open incineration. When outdoor burning is
prohibited, such prohibition shall not be construed to apply to outdoor burning or land clearing
where the division of forestry has issued a pennit. After receiving the recommendation from the
County Manager at a public mccting and considering all of the evidence before it, the Board may
adopt a Resolution imposing appropriate restrictions or prohibitions on open burning and
discharge of fireworks, sparklers or incendiary devices. The ban shall take effect upon approval
of the Resolution. The Resolution shall remain in effect until a like Resolution repealing the
burning ban is adopted by the Board and upon adoption of the repeal, the restrictions on burning
or discharge of fireworks shall be immediately lifted. Further, the Board from time to time may
amend any Resolution by changing, deleting, or modifying the provisions on burning and
discharge of fireworks depending on changes in the drought conditions.
SECTION SIX: Probibition.
The Resolution imposing the ban on open burning or discharge of fireworks may prohibit
any or all of the following. depending on the recommendation of the County Manager and the
severity of the drought conditions. A Resolution may make it unlawful for any person to set fire
or cause fire to be set to any forest, grassland, wild land, marsh, vegetation, or land in an urban
or rural area including those associated with agriculture, pile burning, or the building of
campfires, bonfires, the burning of yard trash, household garbage, refuse, or other debris in the
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6/28/2011 Item 10.F.
unincorporated areas of Collier County, unless otherwise provided herein. In addition, the
Resolution may prohibit any person or entity from discharging. causing to be discharged, or the
sale of any fireworks or incendiary devices that may cause or have a tendency to cause wildfires
as defined in Section 590.015, Florida Statutes. Further, the Resolution may prohibit the holding
of any event including, but not limited to, events involving motorcycles, automobiles, or any
other vehicles or equipment that may cause hot exhaust gases or high temperatures that may be
generated by catalytic converters or other devices on such vehicles in an open or uncontrolled
area that is susceptible to wild fires. Bans on the sale of fireworks shall only be done in the most
exigent of circumstances and when drought conditions are so severe as to constitute an actual
emergency.
SECTION SEVEN: Publication.
Within a reasonable time after adopting such Resolution, the Board shall cause to be
published in a newspaper of general circulation a quarter page advertisement, not to be placed in
the section reserved for legal advertisements, a summary of the Resolution imposing a burning
and fireworks ban or repealing such ban. The County Manager will also notify the public by
newspaper, radio, and/or television of the applicability of this Ordinance and any subsequent
implementing Resolutions.
SECTION EIGHT: Exceptions.
1. Nothing contained herein or in any implementing Resolution shall be construed to:
(a) prohibit lawful activities involving incendiary devices, fire, or flame in controlled
industrial or commercial processes for which permits have been issued, or if no permit is
issued, take place in a controlled industrial or commercial environment and are part of the
manufacturing or some type of assembly process such as to make it unlikely that such
incendiary flame or heat generating device will cause any type of wild fire or be a danger
outside of the premises where the procedure or process is being used; or
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6/28/2011 Item 10.F.
(b) prohibit residential outdoor cooking provided the same is done on a suitable piece of
equipment designed to contain the fire, flame, and heat generated thereby. Further,
outdoor cooking may also be done in any public or private place where there are facilities
designed for outdoor cooking which would contain the heat, flames, or fire otherwise
generated by outdoor cooking.
2. The provisions of this Ordinance or in any implementing Resolution shall not apply to
any duly existing or constituted fire department, fire district, or volunteer fire department
conducting training exercises involving open fire or flame solely for training purposes
under controlled conditions.
SECTION NINE: Yiolations and Penalties.
Any violation by any person of any requirement or provision of this Ordinance or any
approved County Resolution implementing this Ordinance shall be considered a Civil Infraction
and may be prosecuted in the same manner as described in Ord. No. 2007-44, the Collier County
Consolidated Code Enforcement Ordinance, as amended, with such penalties as set forth therein.
Any law enforcement officer issuing a Notice to Appear or making an arrest pursuant to a
violation of this Ordinance or any approved County Resolution implementing this Ordinance
shall seize, or appropriately document if seizure is deemed impractical by the investigating
officer(s), any incendiary device or ignition source being used in such violation for the purpose
of preserving evidence of the violation. Each day any violation subject to the provisions of this
Ordinance or any approved County Resolution implementing this Ordinance shall be considered
a separate violation subjecting the violator to the fines and/or imprisonment specified herein.
SECTION TEN: 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 this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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6/28/2011 Item 10.F.
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION ELEVEN: Inclusion in tbe 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
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION TWELVE:
Effective Date.
This Ordinance shall become effective when a copy has been accepted by the postal
authorities of the Government of the United States for special delivery by certified mail to the
Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Conunissioners ofCoJlier County, Florida, this \ '_Ir\.- day of~ ,2009.
\
ATTESJ::' : :,~,
.. ",<,-
DWIoRr,E. BRQCl<,."'-Clerk
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Approved as to form and
leg sufficiency:
.-
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By. fA n~' ..le q"
DO A FIALA, Chairman
Jef~
cou'r
atzkow
ttomey
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6/28/2011 Item 10.F.
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 and correct
copy of:
ORDINANCB 2009-23
Which was adopted by the Board of County commissioners
on the 12th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th
day of May, 2009.
.' '. '~1 . ".~
DWIGHT E. BROCK- .... "L
'"0 .-J'
Clerk of Courts;;ln9-Cl~..
Ex-officio to Bciard' of;','.
County CommissiGners I .
'.
~~
Polaski,
Clerk
Packet Page -281-
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6/28/2011 Item 10.F.
RESOLUTION NO. 2011 -
A RESOLUTION OF THE ,BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY. FLORIDA, TO ENACT AN OUTDOOR BURNING
BAN IN ACCORDANCE WITH THE PROVISION OF COLLIER
COUNTY ORDINANCE NO. 2009-23.
WHEREAS, as a result of extreme drought, Collier County is presently experiencing
severe wildfires throughout the County which is endangering the public health, safety and
welfare and is also endangering real and personal property in Collier County; and
WHEREAS, the Board of County Commissioners hereby finds that to protect ihe public
health safety atld welfare, and to protect real atld personal property, it is necessary to implement
an immediate ban of outdoor burning atld outdoor ignition sources in accordatlce wiih the
Ordinance known as the Regulation of Outdoor Burning and Incendiary Devices during Drought
Conditions Ordinance" enacted by the Board of County Commissioners on May 12,2009; and
WHEREAS, the following conditions are hereby found to exist:
A. The KeetchlByra1l1 Drought Index as reported by the Florida Division of Forestry on or
about June 10th averaged 649. (0) represents saturated soil and vegetation conditions:
800 represents' extremely dry soil and vegetation conditions. While Collier County has
experienced some improvements in the KDBI, a high fire risk still exists or may escalate
within the next 30 days.
B. Collier County is one of the driest counties in the State at the present time.
C. Precipitation and rainfall deficits for southwest Florida indicate a 30%, thirty percent, or
greater decrease in average rainfall from January of 2009 until the present.
D. Local dependent and independent Fire Districts, State and Federal Agencies have
responded to uumerous wildfire events that have frequently threatened homes, schools,
business, parks and roadways,
E. Wildfires have on occasion generated periodic evacuations and impacted commerce and
travel by forcing roads to be closed for suppression or smoke management concerns.
F. Loeal Fire Chiefs, the Division of Forestry and the Director of Emergency Services and
Emergency Management concur that a burning ban would be prudent under ihe current
meteorological conditions, and
WHEREAS, for the foregoing reasons, the Board of County Commissioners declares a
state of local emergency and wishes to implement all prohibitions listed in the Ordinance
including open burning and the discharge of fireworks, sparklers, and incendiary devices not
otherwise governed by the Florida Division of Forestry or local independent fire districts.
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6/28/2011 Item 10.F.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. Except where expressly permitted by the Collier County Ordinance known as the
Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance,
all outdoor open burning, and outdoor ignition sources including fireworks, sparklers, incendiary
devices (including but not limited to campfires, bonfires, trash burning, disposal of lit cigarettes
or cigarette butts) are hereby prohibited.
2. This Resolution applies to unincorporated Collier County only. and all
municipalities located therein are speciflcally exempt from these prohibitions.
3. Otherwise permitted citrus burn or other agricultural activities regulated by the
Division of Forestry and/or the Department of Environmental Protection are exempt from these
prohibitions.
4. The above prohibitions do not include state-authorized bums, authorized
fireworks displays permitted by Collier County and other government agencies and
municipalities, and fireworks sales which are authorized by state law.
BE IT FURTHER RESOLVED that this Resolution shall sunset 30 days from the date of
approval unless repealed or extended by Resolution of the Board of County Commissioners.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
on this the 28'h day of June, 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
Approved as to form
and legal sufficienc)':
).~~~Y A. K1,"kow
County Attorney
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6/28/2011 Item 10.F.
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 11-128
(Emergency Management/Wildfires)
WHEREAS, much of Florida, including the Florida Panhandle, Northeast Florida,
East Central Florida and South Florida, are currently experiencing significant drought
conditions; and
WHEREAS, the Keetch-Byranl Drought Index (KBD!) average for the State is 649
(0 represents saturated soil and vegetation conditions; 800 represents extremely dry soil and
vegetation conditions), with the highest values across Northwest Florida and along the
Florida East Coast; and
WHEREAS, according to the U.S. Drought Monitor, extreme to exceptional drought
conditions are expanding across Southeast Florida and North Florida and are likely to
continue to worsen through the next few weeks; and
WHEREAS, at present, the Division of Forestry has advised that there are
approximately 310 active wildfires burning approximately 115,583 acres throughout the
State; and
WHEREAS, a brush fire in the Espanola area of Flagler County has been burning
since May 30, 20 II, and has now burned an estimated 3,000 acres; and
WHEREAS, a large brush fire in the Okefenokee Swamp area of southern Georgia
has moved into Baker County in Florida and has burned an estimafed 168,423 acres,
including 600 acres in Florida; and
1
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WHEREAS, multiple fires in Levy County have been burning since April 26, 2011,
and have now burned an estimated 4,594 acres; and
WHEREAS, a brush fire in the Everglades area of inland Miami-Dade near the
Miccosukee Indian Reservation has been burning since June 5, 2011, and has now burned an
estimated 68,000 acres; and
WHEREAS, precautions may be needed to protect the lives and property of the
people in threatened communities, the environment, and the general welfare ofthe State of
Florida;
NOW, THEREFORE, I, RICK SCOTT, as Governor of Florida, by virtue ofthe
authority vested in me by Article IV, Section I (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, I declare that the ongoing danger of
wildfires continues to threaten the State of Florida with a major disaster, and that as a
consequence of this danger a state of emergency exists in the State of Florida.
Section 2. I designate the Director of the Division of Emergency Management as the
State Coordinating Officer and delegate to the Division of Emergency Management the overall
authority to coordinate the assignment of firefighting support missions requested by the Division
of Forestry. I place all aviation and other firefighting resources under the operational authority of
the Division of Forestry while this Executive Order remains in effect, and I designate the
Director of the Division of Forestry as Incident Commander for this emergency. All state,
regional, and local governmental agencies shall place any and all available resources under the
direction of the State Coordinating Officer to support the Division of Forestry and otber
fuefighting agencies in controlling the wildfires.
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Section 3. 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 (I )(a), Florida Statutes, I delegate to the State Coordinating Officer the authority to
exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he or
she 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. Invoke and administer the Emergency Management Assistance Compact
("EMAC") (sections 252.921-.933, 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 best to meet this emergency.
B. Seek direct assistance and enter into agreements with any and all agencies ofthe
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 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 and coordination of the State Coordinating Officer to meet this emergency;
D. Designate Deputy State Coordinating Officers.
The State Coordinating Officer shall have the authority to enter such orders as may be
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needed to implement any or all of the foregoing powers.
Section 4. I order the Adjutant General to activate the Florida National Guard for the
duration of this emergency, and I place the National Guard under the coordination and
direction of the State Coordinating Officer. I order the Adjutant General to provide such
aviation and ground resources of the Florida National Guard as the Division of Forestry may
designate for firefighting activities, and to maintain these resources in a state of immediate
operational readiness. I order the Florida National Guard to coordinate the use of its aviation
resources with the Division of Forestry in performing firefighting support missions while this
Executive Order remains in effect.
Section 5. I delegate to the Division of Forestry the authority to coordinate and direct
such aviation and ground resources of any and all state, regionaJ, and local governmental
agencies, including law enforcement agencies, as the Division may designate for firefighting
activities, and I place all such aviation and ground resources under the operational authority
of the Division of Forestry while this Executive Order remains in effect. The National
Guard, all other state agencies, and all regional and local agencies, including law
enforcement agencies, which propose to operate aircraft in the vicinity of ongoing wildfires
will contact the local field unit of the Division of Forestry to receive the current Aviation
Communications Plan or the current State Aviation Plan, as applicable. All such aircraft will
adhere to the applicable plan to ensure that the specified frequencies are monitored, and will
follow all instructions of the Division of Forestry's local field unit at the scene.
Section 6. I also find that the special duties and responsibilities resting upon some
state, regional, and local agencies and other governmental bodies in responding to the
emergency may require them to deviate from the statutes, rules, ordinances, and orders they
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administer. I delegate to the state and regional agencies the authority to waive or deviate
from such statutes, rules, or agency orders to the extent that such actions are needed to cope
with this emergency, including, but not limited to, any and all statutes, rules or orders which
affect budgeting, leasing, printing, purchasing, travel, conditions of employment, and the
compensation of employees. I delegate to county, regional and local governmental agencies
the authority to likewise waive or deviate from their respective rules, ordinances or orders.
Any waiver of statutes, rules, ordinances, or orders shall be by emergency rule or order in
accordance with sections 120.54(4) and 252.46, Florida Statutes, and shall expire in thirty
(30) days from the date of this executive order unless extended by the agency in increments
not exceeding thirty (30) days, and in no event shall remain in effect beyond the date of
effectiveness of this order, as extended. All state governmental agencies exercising this
authority in response to this emergency shall advise the State Coordinating Officer as soon as
is practicable.
Without limiting the generality of the foregoing, I order the following:
A. I give all agencies whose employees are 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.
B. I authorize the Department of Transportation (Department) 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 he needed to provide emergency assistance or
facilitate the evacuation of the affected counties; to reverse the flow of traffic or close any
and all highways and portions of highways as may be needed for the safe and efficient
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transportation of evacuees to those counties which the State Coordinating Officer may
designate as destination counties for evacuees in this emergency; to suspend enforcement of
the registration requirements pursuant to section(s) 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 bomes into or from Florida; 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. 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
burned 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 shall be subject to such special conditions
as the Department 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.
e. I authorize the Executive Director ofthe 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
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6/28/2011 Item 10.F.
to Chapter 207, Florida Statutes, as they relate to commercial motor vehicles that enter
Florida to provide emergency assistance or services, or transport emergency equipment or
personnel.
D. In accordance with section 465.0275, Florida Statutes, phannacists are
authorized to dispense up to a 30-dayemergency 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.
E. I give all agency heads the authority to suspend the effect of any statute,
rule, ordinance, 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, ordinance, 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 shall be by emergency rule or order in accordance
with sections 120.54(4) and 252.46, Florida Statutes, and shall expire in thirty (30) days from
the date of this Executive Order unless extended in increments of no more than thirty (30)
days by the agency, and in no event shall remain in effect beyond the date of effectiveness of
this order, as extended.
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6/28/2011 Item 10.F.
F. I give all state agency heads responsible for the use of state buildings and
facilities the authority to close sucb buildings and facilities in those portions of the state
affected by this emergency, to the extent to meet this emergency.
G. I give all state agency heads 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 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 7. I designate all state, regional and local governmental facilities including,
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 8. I find that the demands placed upon funds appropriated to the agencies of
the State of Florida and to local agencies are unreasonably great and may be inadequate to
pay the costs ofthis disaster. In accordance with section 252.37(2), Florida Statutes, I direct
that sufficient funds be made available, as needed, by transferring and expending moneys
appropriated for other purposes, moneys from unappropriated surplus funds, or from the
Budget Stabilization Fund.
Section 9. All state agencies entering emergency final orders or other final actions in
response to this emergency shall advise the State Coordinating Officer contemporaneously or
as soon as practicable.
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6/28/2011 Item 10.F.
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 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 Amcrican Red
Cross or the Florida Department of Health.
Section 11. 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 be affixed, at Tallahassee,
. ofJune, 20 I.
GOVERNOR
ATTEST:
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