Agenda 04/25/2017 Item #11E Proposed Agenda Changes
Board of County Commissioners Meeting
April 25, 2017
Add On Item 16H1: Proclamation designating May 4, 2017 as National Day of Prayer.
(Commissioner McDaniel)
Add On Item 11E: Recommendation to ratify the
Local State of Emergency signed by the Board Chair
in response to current wildfire conditions and local
evacuations and to impose a Burning Ban in
accordance with Ordinance 2013-22. (Staff's
request)
Time Certain Items:
Item 10A to be heard at 9:30 a.m.
4/25/2017 8:35 AM
Add On Item 11E
April 25,2017
EXECUTIVE SUMMARY
Recommendation to ratify the Local State of Emergency signed by the Board Chair in response to
current wildfire conditions and local evacuations and to impose a Burning Ban in accordance with
Ordinance 2013-22.
OBJECTIVE: To ratify the actions of the Board Chair in signing into effect a Local State of
Emergency declared on April 21, 2017 to allow emergency life-safety measures in response to the 30th
Avenue wildfire and to protect life and property in Collier County due to extreme drought conditions and
wildfire risk.
CONSIDERATIONS: On April 20th at approximately 12:30 pm a large wildfire with urban interface
fire was reported in the vicinity of 30th St. SW and rapidly expanded due to high winds, drought
conditions and low humidity. The fire grew exponentially overnight subsequently requiring evacuations,
Emergency Operations Center activations, and large numbers of Federal, State and Local resources were
request to help combat the fire and protect lives and property. A local State of Emergency was
administratively declared by the Board Chair at noon on April 21, 2017 to conduct emergency measures
to help save life and property.
In recognition of Collier County's vulnerability to wildfires during extreme drought, the Board adopted
Ordinance No. 2013-22, "Regulation of Outdoor Burning and Incendiary Devices during Drought
Conditions Ordinance,"which provides a mechanism to prohibit certain activities such as open burning or
the discharge of fireworks or other incendiary devices upon the determination of the existence of a
drought emergency.
Representatives from the Florida Forest Service, Collier County Fire Chiefs Association, Collier County
Sheriffs Office, and Emergency Management met and expressed an urgent need to have a burning ban
become effective immediately. The Florida Department of Agriculuture also noted the current drought
conditions and shared long-term forecast that indicate the current drought conditions may continue
through June. The Keetch Byram Drought Index has placed Collier County within extreme risk of
wildfire. Governor Rick Scott on April 11, 2017 issued an Executive Order number 17-120 declaring a
State of Emergency for Wildfires in the State of Florida.
In accordance with these actions and the provisions of Ordinance 2013-22, the County Manager and
Director of Emergency Management recommend a Burning Ban, effective immediately until further
notice.
FISCAL IMPACT: There are no fiscal impact associated with these actions. A FEMA Fire
Management Grant was authorized to assist in covering the costs associated with fighting the wildfire
(75%of covered cost). The actual cost of emergency measures is unknown at this time.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To ratify the action of the Chairman in signing the Local State of
Emergency Declaration on April 21,2017 and authorize any necessary budget amendments and to impose
1
Add On Item 11E
April 25,2017
a burning ban in accordance with Ordinance No. 2013-22, authorize the Chairman to sign the associated
Resolution, and direct County staff to publicly post the burning ban.
Prepared by: Dan Summers,Director,Bureau of Emergency Services
Attachments: Local State of Emergency Proclamation
Executive Order 17-120
County Ordinance 2013-22
Florida Department of Agriculture and Consumer Services Memo
Burn Ban Resolution
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Collier County Government (1) •�:,
Communication & Customer Relations Division
3299 Tamiami Trail E., Suite 102 colliergov.net
Naples, Florida 34112-5746 twitter.com/CollierPIO
facebook.com/CollierGov
voutube.com/CollierGov
April XX,2017
FOR IMMEDIATE RELEASE
COLLIER COUNTY ISSUES BURN BAN
Collier County Manager Leo Ochs has authorized a burn ban in Collier County effective immediately.
Per Collier County Ordinance 2013-22, the County Manager may institute an immediate ban of outdoor
burning and outdoor ignition sources during extreme drought conditions. The ban prohibits open burning,
which is any outdoor fire or open combustion of material that produces visible emissions, of trash and yard
waste, which includes vegetative matter resulting from landscaping and yard maintenance operations
The decision came after a meeting between the Collier County Bureau of Emergency Services, Florida
Forest Service, Collier County Fire Chiefs' Association and the Collier County Sheriff's Office. The group
jointly identified a need to have a burning ban become effective immediately after certain environmental
conditions were met, including lack of rainfall in January and February.
The ban includes all of unincorporated Collier County, but exempts all commercial agricultural burning,
lawful controlled industrial or commercial environments that are part of the manufacturing or some type of
assembly process, and those burning activities regulated by the Florida Forest Service. This ban presently has
no impact on the retail sales of fireworks, although residents are reminded to use extreme caution.
In addition, outdoor grills, stoves, cookers and smokers may be used in the preparation of food if the cooking
fire is controlled and attended to. All outdoor cooking areas shall be free of burnable materials within an area
having a circumference of 3 feet beyond the nearest edge of the cooking fire.
Violation of the order, if it is found to cause irreparable or irreversible damage, can be up to $15,000.
The ban will remain in effect until May 12 or until otherwise rescinded.
For more information, please call Mike Sheffield at (239) 252-8383 or email
MichaelSheffield@colliergov.net.
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ORDINANCE NO. 2013 - 2 2
By�J,L
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-23,
THE REGULATION OF OUTDOOR BURNING AND INCENDIARY
DEVICES DURING DROUGHT CONDITIONS ORDINANCE, SO AS TO:
1) ADD DEFINITIONS; 2) AUTHORIZE THE CHAIRMAN, UNDER
CERTAIN IDENTIFIED CONDITIONS, TO IMPLEMENT SUCH
EMERGENCY REGULATIONS ON BEHALF OF THE BOARD IN
ABSTENIA; AND 3) CLARIFY REMAINING PROVISIONS OF THE
ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2009-23, Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance, provides a mechanism by which the
Board of County Commissioners (Board) may implement an immediate ban of outdoor burning
and outdoor ignition sources during extreme drought conditions; and
WHEREAS, pursuant to Ordinance No. 2009-23, the Board, at a public meeting, may
adopt a Resolution imposing appropriate restrictions or prohibitions on burning and discharge of
fireworks, sparklers and other incendiary devices as set forth in the Ordinance; and
WHEREAS, representatives from the Florida Forest Service, Collier Count541Irr a �iefs'
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Association, Collier County Sheriff's Department, Cooperative Extension Agent, an inethncy '
Management have jointly identified a need to have a burning ban become effective }edijelyc
when certain environmental conditions are met; and T1
WHEREAS, the Board desires to amend a amend Ordinance No. 2009-23 accglpby
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authorizing the Chairman, under certain identified conditions, to implement such arafr$gertey
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regulations on behalf of the Board in abstenia; and
WHEREAS, the Board further desires to add definitions and clarify the remaining
provisions of Ordinance No. 2009-23 as set forth below.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009-23.
Section One is hereby amended as follows:
SECTION ONE: Title and Definitions.
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Page 1 of 6
A. This Ordinance shall be known as the "Regulation of Outdoor Burning and Incendiary
Devices during Drought Conditions Ordinance".
B. Definitions:
1. "Fireworks" means and includes any combustible or explosive composition or
substance or combination of substances as defined in Section 791.01, Florida
Statutes. "Fireworks" does not include sparklers approved by the Division of the
State Fire Marshal of the Department of Financial Services.
2. "Open Burning" means any outdoor fire or open combustion of material that
produces visible emissions.
3. "Trash"means any discarded material.
4. "Yard Trash" means vegetative matter resulting from landscaping and yard
maintenance operations and other such routine property cleanup activities. The
term includes materials such as leaves, shrub trimmings, grass clippings, brush,
and palm fronds. It does not include household garbage.
5. "Yard Waste" means vegetative matter resulting from landscaping and yard
maintenance operations and other such routine property clean-up activities. It
includes materials such as leaves, shrub trimmings, grass clippings, palm fronds,
and brush. It does not include land clearing debris or tree cutting debris.
SECTION TWO: AMENDMENT TO SECTION FIVE OF ORDINANCE NO.2009-23.
Section Five is hereby amended as follows:
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 Chairman of 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 Keetch/Byram Drought Index,or any similar such index.
B. Discussions and consultation with the Division of State Forestry.
C. Consultation with fire chiefs in the County.
D. Study of meteorological conditions and climatological forecasts.
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Page 2 of 6
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 existing fire hazard
conditions and which reasonable persons of prudence would normally rely on to
determine if a fire hazard condition exists.
In making such written presentation to the Chairman of the Board or the Vice-Chairman
in his or her absence, 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 Chairman of the Board or the Vice-Chairman in his or her absence
may execute a Resolution imposing idose any or all of the prohibitions as conditions warrant
without Board action. 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 may take action in accordance with this section. 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 divisien-of forest Florida
Forest Service has issued a permit or other authorization.
= = -• • •• . The ban shall take effect upon
approval of the Resolution. The County Manager, at.the next scheduled public meeting of the
Board, shall notify the Board 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 THREE: AMENDMENT TO SECTION SIX OF ORDINANCE NO.2009-23.
Section Six is hereby amended as follows:
SECTION SIX: Prohibition.
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
Underlined text is added;Struck-through text is deleted
Page 3 of 6
unincorporated areas of Collier County, unless otherwise provided herein as an exception. 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 FOUR: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO.
2009-23.
Section Seven is hereby amended as follows:
SECTION SEVEN: Publication.
Within a reasonable time after adopting such Resolution, the Beard County Manager
shall •. . - . . . . • - • - - - . . • . . . .... _ . . - .. - .
notify the public by newspaper,radio,artdier television, and electronic media of the applicability
of this Ordinance and any subsequent implementing Resolutions.
SECTION FIVE: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO.2009-23.
Section Eight is hereby amended as follows:
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
(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
Underlined text is added;Sisk-through text is deleted
Page 4 of 6
generated by outdoor cooking. All outdoor cooking areas shall be free of burnable
materials within an area having a circumference which extends not less than three(3) feet
beyond the nearest edge of the fire.
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 SIX: AMENDMENT TO SECTION NINE OF ORDINANCE NO.2009-23.
Section Nine is hereby amended as follows:
SECTION NINE: Violations 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 safely destroy and appropriately document if seizure is deemed
impractical or inappropriate 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 SEVEN: 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
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: 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
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
Underlined text is added;Strough text is deleted
Page 5 of 6
SECTION NINE: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this2.day of Ve,br-„c� ,2013.
ATTEST: BO• •b OF COUN Y COMMISSIONERS
DWIG1 T. BOCK,Clerk OF V 0 ii I r R CO TY, FLORIDA
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do I(
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-22
which was adopted by the Board of County Commissioners
on the 26th day of February, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 6th
day of March, 2013 .
DWIGHT E. BROCT '
Clerk of Courts and Clerk'
Ex-officio to Boa 40,,
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County CommissiOrs..
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By: Ann Jen. ej'o .t,::,-
Deputy Clert3, W
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FLORIDA FOREST SERVICE ap`c*•, THE CONNER BUILDING
(850)681-5800 d ' 3125 CONNER BOULEVARD
\ i TALLAHASSEE,FLORIDA 32399-1650
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER ADAM H. PUTNAM
MEMORANDUM
DATE: March 22, 2017 ------
TO:
y__.—TO: Jim Karels, Director
Jeff Vowel!, Assistant Director
FROM: Bryan Williams, Meteorologist
SUBJECT: Long Range Forecast for April through June 2016
RECENT CONDITIONS:
This past winter will go down as the second warmest in Florida, and the sixth warmest
nationwide. It was also one of the driest, as much of Florida was below average for rainfall in
both January and February. The only exception was the Panhandle, which actually saw a surplus
of rainfall, thanks to a line of strong storms that moved through that area the weekend of January
21 –22.
The lack of rainfall is the cause of a moderate drought that has persisted in FFS Districts 14, 15,
16, and 17, as well as Osceola County, the southern half of Brevard County, most of Palm Beach
County, and the northwestern tip of Broward County. The area that includes FFS Districts 15,
16,and 17 has been in a moderate drought since the beginning of February.The area that saw the
most rainfall during the winter season was the Panhandle. In January alone, the region saw an
average of over 5 inches. Some areas in parts of northeast Bay, northern Liberty,central
Calhoun, and western Gadsden Counties specifically,saw over 10 inches of rainfall.
February was a very dry month for the state in general. Excluding FFS Region 1,which saw
most of the statewide rainfall for the month,and parts of FFS Districts 10, 11, and 12 which saw
about 2 inches, much of the state recorded an inch or less for the entire month. On average, for
the month of February, Florida only saw about half of its average rainfall. Very dry conditions
and the lack of rain have led to ongoing burn bans in Okeechobee, Glades, and Hendry Counties.
LONG RANGE WEATHER OUTLOOK:
Conditions are forecast to get even drier and warmer as we move into the early part of spring and
ultimately into the summer season. April and May are traditionally the driest months of the year
Fresh
1-800-HELPFLA Fl&k a. www.FreshFromFlorida.com
Long Range Forecast for April through June 2017 Page 2
March 22, 2017
in Florida, and that is the expectation for 2017. NOAA's Climate Prediction Center(CPC) is
forecasting that the extreme western Panhandle may see above normal rainfall in the three
months to come,while the rest of Florida has an equal chance of seeing average,below average,
or above average rainfall. Furthermore, the CPC is predicting that the entire state of Florida has a
good chance of seeing above average temperatures for the next three months, with northern
Florida having a 50 to 60 percent chance, and south Florida having a 40 to 50 percent chance.
The short La Nina episode we were in ended last December. Although we are now moving into
ENSO-neutral conditions, La Nina conditions will continue to persist in Florida for at least the
next couple of months due to the lag in response that usually occurs during a change in ENSO
state.Whenever La Nina occurs, much of the southeast sees drier and warmer conditions,which
we've seen this past winter.
The current drought in central Florida is likely to spread northwards, into parts of FFS Districts
6, 7, 8, and 10. However, the CPC is forecasting that this may only be a short-term phenomenon
that may dissipate once the rainy season starts in June. Models are also showing El Nino-like
conditions developing in the regions off the coast of South America. However, an official El
Nino is only declared when these conditions occur over a period of three months, or more.
SUMMARY AND FIRE POTENTIAL OUTLOOK:
Florida is forecast to become drier and warmer this spring. February is when we typically see
severe weather roll through the state,however,aside from the line that came through northern
Florida in January,there hasn't been much significant rainfall at all. Much of the state is in a
rainfall deficit, and it's expected to stay that way until the rainy season begins in the summer.
Predictive Services with the National Interagency Fire Center in Boise are forecasting that in
April, regions of Florida east of the Suwannee River will have an above normal Significant
Wildland Fire Potential.This will expand to include the whole state in May and June.
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Long Range Forecast for April through June 2017 Page 3
March 22,2017
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cc: FFS Bureau Chiefs
FFS Deputy Chiefs,Field Operations
FFS District/Center Managers
FFS Operations Administrators
FFS Resource Administrators
Bryan Koon,Division of Emergency Management
Parks Small,Division of Parks
Col.James Wiggins,Office of Agricultural Law Enforcement
Nick Wiley,Fish and Wildlife Conservation Commission
Charles Patterson,U.S.Forest Service
Deborah Beard,U.S.Forest Service
Alan Shelby,Florida Forestry Association
Dan Azzariti,Florida Fire Chiefs' Association
Julius Halas,Division of State Fire Marshal
Long Range Forecast for April through June 2017 Page 4
March 22,2017
Florida Forestry Arson Alert Association Board Members
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 17-120
(Emergency Management/Wildfires)
WHEREAS, much of Florida, including Central Florida and South Florida, is
experiencing significant drought conditions; and
WHEREAS, the Keetch-Byram Drought Index (KBDI) average for the State is
currently 338 (0 represents saturated soil and vegetation conditions; 800 represents extremely
dry soil and vegetation conditions), with the highest values, over 600, concentrated in Central
and South Florida; and
WHEREAS, according to the U.S. Drought Monitor, moderate to severe drought
conditions are expanding across Central and South Florida and abnormally dry conditions exist
across Northeast Florida and these conditions are likely to worsen over the next several weeks;
and
WHEREAS, currently,the Florida Forest Service has advised there are currently 107
active wildfires burning across the state which are affecting 23,827 acres of wildlands;and
WHEREAS, there has been large fire activity in Polk County, County Road 630
wildfire, that has burned 5,500 acres and destroyed twelve homes and is still active; and
WHEREAS, a large wildfire has occurred in Collier County, Lee Williams Road
wildfire, that has burned 7,230 acres and destroyed four homes; and
WHEREAS, a large wildfire has occurred in Marion County, NE 212 Road wildfire,
that has burned 700 acres and destroyed one home; and
WHEREAS, a large wildfire has occurred in Nassau County, Garfield Road wildfire,
1
that has burned 705 acres and destroyed two homes; and
WHEREAS, a large wildfire has occurred in Broward County, Holey Land wildfire,
that has burned 6,800 acres; and
WHEREAS,a large wildfire has occurred in Hernando County,Water Tower wildfire,
that has burned 1,100 acres; and
WHEREAS, a large wildfire has occurred in Glades County, Ferguson wildfire, that
has burned 465 acres; and
WHEREAS,the Governor finds that lives and property statewide are now threatened
by the imminent danger of wildfires that may start up at once in many different locations; and
WHEREAS,precautions may be needed to protect the lives and property of the people
in threatened communities, the natural environment, and the general welfare of the State of
Florida;
NOW, THEREFORE, I, RICK SCOTT, 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, promulgate the
following Executive Order, to take immediate effect:
Section 1. Because of the foregoing conditions, I declare that the ongoing danger of
wildfires threatens 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 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(1)(a),
2
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 and the Director of the Florida Forest Service 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 of the
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 needed
to implement any or all of the foregoing powers.
Section 3. I order the Adjutant General to activate the Florida National Guard, as
needed, to deal with this emergency, for the duration of this emergency, and I place the
National Guard under the coordination and direction of the State Coordinating Officer.
3
Section 4. I delegate the State Coordinating Office the authority to coordinate and
direct such aviation and/drone and ground resources of any and all state,regional,and local
governmental agencies, including law enforcement agencies, as the State Coordinating
Officer may designate for firefighting activities under the State Coordinating Office while
this Executive Order remains in effect.
Section 5. I 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 waive or deviate from the statutes, rules, ordinances, and orders they
administer. Therefore, I issue the following authorizations:
A. Pursuant to section 252.36(1)(a), Florida Statutes, the Executive Office of the
Governor may waive all statutes and rules affecting budgeting to the extent necessary to
provide budget authority for state agencies to cope with this emergency. The requirements of
sections 252.46 and 120.54(4),Florida Statutes,do not apply to any such waiver issued by the
Executive Office of the Governor.
B. Each State agency may suspend the provisions of any regulatory statute
prescribing the procedures for conduct of state business or the orders or rules of that agency,
if strict compliance with the provisions of any such statute, order, or rule would in any way
prevent,hinder,or delay necessary action in coping with the emergency. This includes,but is
not limited to, the authority to suspend any and all statutes, rules,ordinances, or orders which
affect leasing, printing, purchasing, travel, and the condition of employment and the
compensation of employees. For the purposes of this Executive Order, "necessary action in
coping with the emergency" means any emergency mitigation, response, or recovery action:
(1) prescribed in the State Comprehensive Emergency Management Plan ("CEMP"); or, (2)
4
directed by the State Coordinating Officer. 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 thirty days from the date of this Executive Order, unless extended in
increments of no more than thirty days by the agency, and in no event shall remain in effect
beyond the earlier of the date of expiration of this Order,as extended,or ninety(90)days from
the date of issuance of this Order.
C. In accordance with section 252.38, Florida Statutes, each political subdivision
within the State of Florida may waive the procedures and formalities otherwise required of the
political subdivision 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) Utilization of volunteer workers;
6) Rental of equipment;
7) Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities; and,
8) Appropriation and expenditure of public funds.
D. 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, may
release any such employees for such service as requested by the Red Cross to meet this
emergency.
5
E. The Secretary of the Florida Department of Transportation(DOT)may:
1) 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 be needed to provide
emergency assistance or facilitate the evacuation of the affected counties;
2) Reverse the flow of traffic or close any and all roads, highways, and portions
of highways as may be needed for the safe and efficient transportation of evacuees to those
counties that the State Coordinating Officer may designate as destination counties for evacuees
in this emergency;
3) Suspend enforcement of the registration requirements pursuant to sections
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 homes into or from
Florida;
4) Waive the hours of service requirements for such vehicles;
5) 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; and,
6) Waive the size and weight restrictions for divisible loads on any vehicles
transporting emergency equipment,services,supplies,and agricultural commodities and citrus
as recommended by the Commissioner of Agriculture, allowing the establishment of alternate
size and weight restrictions for all such vehicles for the duration of the emergency. The DOT
shall issue permits and such vehicles shall be subject to such special conditions as the DOT
may endorse on any such permits.
6
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;
F. The Executive Director of the Department of Highway Safety and Motor
Vehicles (DHSMV)may:
1) Suspend enforcement of the registration requirements pursuant to sections
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 homes into or from
Florida;
2) Waive the hours of service requirements for such vehicles;
3) Suspend the enforcement of the licensing and registration requirements under
the International Fuel Tax Agreement (IFTA) pursuant to Chapter 207 Florida Statutes, and
the International Registration Plan (IRP) pursuant to section 320.0715, Florida Statutes, for
motor carriers or drivers operating commercial motor vehicles that are properly registered in
other jurisdictions and that are participating in emergency relief efforts through the
transportation of equipment and supplies or providing other assistance in the form of
emergency services;
4) Waive fees for duplicate or replacement vessel registration certificates, vessel
title certificates,vehicle license plates,vehicle registration certificates, vehicle tag certificates,
vehicle title certificates, handicapped parking permits, replacement drivers' licenses, and
7
replacement identification cards and to waive the additional fees for the late renewal of or
application for such licenses, certificates,and documents due to the effects of adverse weather
conditions; and,
5) Defer administrative actions and waive fees imposed by law for the late renewal
or application for the above licenses, certificates, and documents, which were delayed due to
the effects of adverse weather conditions, including in counties wherein the DHSMV has
closed offices,or any office of the County Tax Collector that acts on behalf of the DHSMV to
process renewals has closed offices due to adverse weather conditions.
Recordkeeping and other applicable requirements for existing IFTA and IRP licensees
and registrants are not affected by this order. The DHSMV shall promptly notify the State
Coordinating Officer when the waiver is no longer necessary.
G. In accordance with section 465.0275, Florida Statutes, pharmacists may
dispense up to a 30-day emergency 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 and local agency but who do not reside in an
area or county covered by this Executive Order.
H. All State agencies responsible for the use of State buildings and facilities may
close such buildings and facilities in those portions of the State affected by this emergency,to
the extent to meet this emergency. I direct each State agency to report the closure of any State
building or facility to the Secretary of the Department of Management Services. Under the
authority contained in section 252.36, Florida Statutes, I direct each County to report the
closure of any building or facility operated or maintained by the County or any political
8
subdivision therein to the Secretary of the Department of Management Services. Furthermore,
I direct the Secretary of the Department of Management Services to:
1) Maintain an accurate and up-to-date list of all such closures; and,
2) Provide that list daily to the State Coordinating Officer.
I. All State agencies may 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 6. All public facilities, including elementary and secondary schools,
community colleges, state universities, and other facilities owned or leased by the state,
regional or local governments that are suitable for use as public shelters shall be made available
at the request of the local emergency management agencies to ensure the proper reception and
care of all evacuees. Under the authority contained in section 252.36,Florida Statutes,I direct
the Superintendent of each public school district in the State of Florida to report the closure of
any school within its district to the Commissioner of the Florida Department of Education.
Furthermore, I direct the Commissioner of the Department of Education to:
A. Maintain an accurate and up-to-date list of all such closures; and,
B. Provide that list daily to the State Coordinating Officer.
Section 7. I find that the demands placed upon the 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 of coping with this disaster. In accordance with section 252.37(2),
9
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 8. 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.
Section 9. 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 American Red Cross or the
Florida Department of Health.
Section 10. Pursuant to section 501.160, Florida Statutes, it is unlawful and a
violation of section 501.204 for a person to rent or sell or offer to rent or sell at an
unconscionable price within the area for which the state of emergency is declared,any essential
commodity including, but not limited to, supplies, services, provisions, or equipment that is
necessary for consumption or use as a direct result of the emergency.
Section 11. Under the authority contained in sections 252.36(5)(a), (g), and (m),
Florida Statutes, I direct that, for the purposes of this emergency, the term "essentials", as
defined by section 252.359(2), Florida Statutes, shall be the same as and no more expansive
than the term"commodity", as defined by section 501.160(1)(a), Florida Statutes(hereinafter
referred to collectively or alternatively as "essential commodities"). Accordingly,any person
who delivers essential commodities to a location in the area(s)declared to be under a state of
10
emergency by this Executive Order,and when necessary to ensure that those commodities are
made available to the public,may travel within evacuated areas and exceed curfews,provided
the State Coordinating Officer determines, after consultation with the appropriate Emergency
Support Function(s),that:
A. Law enforcement officials in the declared area(s)can provide adequate security
to protect the essential commodities from theft;
B. The weight of a delivery vehicle will not jeopardize the structural integrity of
any roadway or bridge located within the declared area;
C. Delivery vehicles will not negatively impact evacuation activities in the
declared area(s); and,
D. Delivery vehicles will not negatively impact any response or recovery activities
occurring within the declared area(s).
After consulting with the appropriate Emergency Support Function(s), and after
consulting with local officials,the State Coordinating Officer may dictate the routes of ingress,
egress, and movement within the declared area(s) that drivers must follow when delivering
essential commodities.
Provided he or she is actually delivering medications,any person authorized to deliver
medications under chapter 893, Florida Statutes, qualifies as a person delivering essential
commodities.
In order to qualify as a person delivering essential commodities under this section, a
person must be in the process of delivering essential commodities only. If an individual is
transporting both essential and non-essential commodities, then this section shall not provide
any authorization for that individual to enter into or move within the declared area(s).
it
Section 12. Consistent with Executive Order 80-29, nothing in this Order shall
prevent local jurisdictions in any area not declared to be under a state of emergency by this
Executive Order from taking prompt and necessary action to save lives and protect the property
of their citizens, including the authority to compel and direct timely evacuation when
necessary.
Section 13. I authorize the Florida Housing Finance Corporation to distribute funds
pursuant to section 420.9073, Florida Statutes, to any county, municipality, or other political
subdivision located within the area(s) declared to be under a state of emergency by this
executive order. The authority of the Florida Housing Finance Corporation to distribute funds
under this state of emergency shall expire six months from the date of this Order.
Section 14. 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 days from this date unless extended.
IN TESTIMONY WHEREOF, I have hereunto
elft% �.. set my hand and caused the Great Seal of the
,�,.', State of Florida to be affixed, at Tallahassee,
:f this 11th day of April, 2017.
(': A GOVERN r-:
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SECRETARY OF TATE
12
PROCLAMATION/RESOLUTION NO. 2017-
PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY
TO DECLARE A STATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE GENERAL
NEIGHBORHOODS IN AND AROUND I-75 AND WHITE BOULEVARD, EAST OF COLLIER
BOULEVARD SO DESCRIBED BELOW AND OTHER AREAS SO DESIGNATED BY THE
COLLIER COUNTY EMERGENCY MANAGEMENT
WHEREAS, brush fires in the Golden Gate Estates have burned nearly 3,000 acres, has caused
the evacuation of an estimated 2,000 homes, and has the further potential to cause 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 Emergency Management officials are recommending that a "State of
Local Emergency"be declared due to the immediate danger of life and property in the affected area; and
WHEREAS, Chapter 252.38 (3) (a) 5, Fla. Stat., and Collier County Ordinance Nos. 84-37,
2001-45, 2002-50, and 2007-49 (codified at Sections 38-56 through 38-71 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; and
WHEREAS, Ord. No. 02-50, § 1 provides as follows:
"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 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; the county manager, in the
absence of the county manager; the clerk of courts; and in the clerk's absence the deputy county
manager are hereby designated and empowered to declare a local state of emergency whenever 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"; and
WHEREAS, because of the immediacy of the threat, and the time required to convene a Special
Meeting of the Board of County Commissioners, it is prudent that the Chair act in accordance with Ord.
No. 02-50.
NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, by and through its Chairman, that the
brush fires in the Golden Gate Estates, with high winds today, poses an immediate and serious threat to
the lives and property of those residents of Collier County within the affected area, that voluntary
evacuation is encouraged and that a State of Local Emergency be declared, effective immediately, for the
affected area.
BE IT FURTHER RESOLVED, that the Chairman, on behalf of the Board of County
Commissioners, hereby exercises its authority pursuant to Collier County Ordinance Nos. 84-37, 2001-45,
2002-50 and 2007-49 and waives the procedures and formalities required by law of a political
subdivision, as provided in Chapter 252.38 (3) (a) 5, Fla. Stat. including authorization for Purchasing
Director to waive existing purchasing card limitations during the declared emergency.
DATED: April 21, 2017
ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Penny Taylor, Chairman
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow, County Attorney
RESOLUTION NO. 2017 -
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,AS AMENDED.
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 the public
health safety and welfare, and to protect real and personal property, it is necessary to implement
an immediate ban of outdoor burning and outdoor ignition sources in accordance with the
Ordinance No. 2009-23, as amended, known as the Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance;" and
WHEREAS, the following conditions are hereby found to exist:
A. The Keetch/Byram Drought Index as reported by the Florida Division of Forestry on our
about April 23, 2017, for Collier County exceeds an index value of over 600 on a scale of
zero to 750.
B. Collier County is one of the driest counties in the State at the present time.
C. Local dependent and independent Fire Districts, State and Federal Agencies have
responded to numerous wildfire events that have frequently threatened homes, schools,
business, parks and roadways.
D. Wildfires have on occasion generated periodic evacuations and impacted commerce and
travel by forcing roads to be closed for suppression or smoke management concerns.
E. Local Fire Chiefs, the Division of Forestry and the Director of Emergency Services and
Emergency Management concur that a burning ban would be prudent under the current
meteorological conditions, and
WHEREAS, the Board wishes to implement all prohibitions listed in the Ordinance
including open burning and the discharge of fireworks, sparklers and incendiary devices.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that except where expressly
permitted by the Collier County Ordinance No. 2009-23, as amended, known as the Regulation
of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance, that all
outdoor open burning, and outdoor ignition sources including fireworks (other than
commercially permitted displays), sparklers, incendiary devices (including but not limited to
Page 1 of 2
campfires, bonfires, trash burning, disposal of lit cigarettes or cigarette butts) are hereby
prohibited until further notice.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this day of , 2017.
ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY gUN COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Penny Taylor, Chairman
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Page 2 of 2