Agenda 09/25/2022 Item # 2BPROCLAMATION/RESOLUTION NO. 2022 -_____
PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY TO DECLARE A STATE OF EMERGENCY
FOR ALL TERRITORY WITHIN THE LEGAL BOUNDARIES OF
COLLIER COUNTY INCLUDING ALL INCORPORATED AND
UNINCORPORATED AREAS.
WHEREAS, Tropical Storm Ian has the potential for causing extensive damage to public
utilities, public buildings, public communication systems, public streets and roads, public
drainage systems, commercial and residential buildings and areas; and
WHEREAS, Collier County Bureau of Emergency Services officials are recommending
that a “State of Local Emergency” be declared due to the threat of Tropical Storm Ian; and
WHEREAS, Section 252.38(3)(a)(5), Fla. Stat., and Collier County Ordinance Nos. 84-
37, 2001-45, 2002-50, 2007-49, 2011-34, 2017-38, and 2018-37 (codified at Sections 38-56
through 38-72 in the Collier County Code of Laws and Ordinances) provide for a political
subdivision such as Collier County to declare a State of Local Emergency and to waive the
procedures and formalities otherwise required of political subdivisions 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. Entering into contracts;
3. Incurring obligations;
4. Employment of permanent and temporary workers;
5. Rental of equipment;
6. Utilization of volunteer workers;
7. Acquisition and distribution, with or without compensation, of supplies, materials
and facilities;
8. Appropriation and expenditure of public funds.
NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session, this ___ day
of September, 2022, that Tropical Storm Ian poses a serious threat to the lives and property of
residents of Collier County, that voluntary evacuation is encouraged, and that a State of Local
Emergency be declared, effective immediately for all territory in the incorporated and
unincorporated areas of Collier County.
[YY-1442/1746327/1]
1
2.B.a
Packet Pg. 3 Attachment: Proclamation-Resolution State of Emergency - Ian 2022 (23474 : State of Emergency)
BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby
exercises its authority pursuant to Collier County Ordinance Nos. 84-37, 2001-45, 2002-50,
2007-49, 2011-34, 2017-38, and 2018-37 and waives the procedures and formalities required by
law of a political subdivision, as provided in Section 252.38(3)(a)(5), Fla. Stat., including
authorization for Procurement Director to waive existing purchasing card limitations during the
declared emergency.
BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby
declares 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.
The waiver and re-imposition of the state gas tax(es) shall not factor as to gasoline/petroleum
products sales prices.
BE IT FURTHER RESOLVED, that pursuant to Collier County Ordinance No. 2002-
50, Section One, this 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.
THIS PROCLAMATION/RESOLUTION ADOPTED after motion, second, and
majority vote favoring same this ___ day of September, 2022.
ATTEST:BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: ________________________________ By: ________________________________
, Deputy Clerk William L. McDaniel, Jr., Chairman
Approved as to form and legality:
________________________________
Jeffrey A. Klatzkow
County Attorney
[YY-1442/1746327/1]
2
2.B.a
Packet Pg. 4 Attachment: Proclamation-Resolution State of Emergency - Ian 2022 (23474 : State of Emergency)