Agenda 08/26/2025 Item #16F 7 (County staff to advertise and bring back for a public hearing an orginance amending Collier County Ordinance 84-37 known as the Local State of Emergency Ordinance)8/26/2025
Item # 16.F.7
ID# 2025-2570
Executive Summary
Recommendation to direct County staff to advertise, and bring back for a public hearing, an Ordinance amending Collier
County Ordinance No. 84-37, as amended, known as the Local State of Emergency Ordinance.
OBJECTIVE: To update County Ordinance number 84-37 as amended, codified in Chapter 38, Civil Emergencies, and
authorize the County Manager to take certain actions, update emergency protective measures, and amend and delete
certain actions under policy and procedures established by the Federal Emergency Management Agency and the Florida
Division of Emergency Management.
CONSIDERATIONS: In recognition of Collier County’s vulnerability to natural, technological, manmade, and
potential homeland security concerns, staff is presenting for the Board’s first read updates to Chapter 38, Civil
Emergencies and actions associated with a Local State of Emergency and other provisions therein. Major topics revised
in this Ordinance include, but are not limited to:
1. Authorizing the County Manager to declare and terminate a local state of emergency and take certain actions,
followed by certain criteria for alternative succession efforts if needed.
2. Expanding definitions to include uncontrollable fires related to high temperature volatility of battery-powered
vehicles and equipment.
3. Following recent amendments to Florida Statute 252, adding clarity to the roles, responsibilities, training, and
certification requirements of the Emergency Management Director.
4. Clarifying the terms of eligible and non-eligible debris on public and private property.
5. Providing for collaboration with public, private, constitutional, and certain state and federal partner agencies,
including the Department of Homeland Security.
6. Adding acts of mass violence as part of the local emergency processes.
7. Providing clarity and responsibility for Mass Notification System resources.
8. Clarifying rights of entry that may be required under the Stafford Act for disaster recovery, fire-fighting efforts,
including water supplies, repair or replacement of communication linkages for the public or public safety,
damage assessment, search and rescue, flood-fighting efforts, and utility restoration.
9. Expanding the definition of Public Facilities as Shelters, also referenced in State Statute, public schools, charter
schools, state-funded colleges and universities, and other facilities leased or owned by the State or local
government to aid in providing relief to shelter space deficits as calculated by the Florida Division of
Emergency Management.
10. Provision of County Staff for mutual aid assistance at no cost for three days to fiscally constrained counties,
except for personal injury or death, as a means of good faith assistance and for the value of providing staff real-
world training.
11. Recognize certain mutual-aid and cooperative agreements with certain professional organizations engaging in
disaster response and recovery.
12. Expanding emergency powers to make contracts, rental agreements, emergency repairs, certain site licenses for
temporary facilities, and clarify reimbursement for mutual-aid teams.
13. To potentially reduce the burden to County staff who may be heavily impacted personally by the disaster:
employ, or provide with or without compensation, documentation teams, incident management teams,
communications personnel, certain specialized communications and satellite equipment, warehousing
personnel, shelter medical personnel, recovery matter experts, Geographical Information System, (GIS) experts,
drone equipment and personnel for disaster condition and damage assessment, mutual-aid forward observers for
field equipment accountability and project management, and teams engaged in demobilization efforts.
14. Make provisions for emergency temporary housing, feeding, fuel, and light maintenance of mutual-aid
personnel and equipment under an approved mission by the Emergency Operations Center.
15. Including clarity for an unlawful offense in failing to observe conservation measures of fresh or potable water
as directed by the Public Utility Director, County Manager, and local public health official.
16. Authority in coordination with the County’s Emergency Management Director to request the National Guard,
Army, US Coast Guard, or State Guard to assist with law, order, rescue, traffic control, and to manage all or
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8/26/2025
Item # 16.F.7
ID# 2025-2570
part of disaster relief commodity distribution.
17. Broadens the definition of certain supplies and equipment that may be rented or chartered for emergency
purposes, allowing for flexibility in situations where timely action is critical to support life-safety and recovery
operations, and where traditional procurement processes may cause unnecessary delays.
18. Expanding clarification to flood fighting efforts on and off the public right of way, often associated with storm
surge, pre- and post-landfall rainfall events, and isolated monsoonal-type thunderstorm events.
19. Addresses disposal of agricultural livestock losses.
These proposed changes support Collier County’s ability to take timely and effective actions to protect the health,
safety, and welfare of its residents and visitors, while aligning with best practices and the County’s Comprehensive
Emergency Management Plan.
Enhances the efforts of Collier County to respond to and recover from the impacts of disaster and significant emergency
events.
Thanks
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.
-SAA
RECOMMENDATIONS: That the Board directs County staff to advertise, and bring back for a public hearing, an
Ordinance amending Collier County Ordinance No. 84-37, as amended, known as the State of Emergency Ordinance.
PREPARED BY: Dan E. Summers, Director of Emergency Management
ATTACHMENTS:
1. Ordinance Amending 84-37 July stamped and initialed VERSION
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