Thursday, September 02, 2004

Gov Bush Orders Emergency Powers

In a statement issued Wednesday, Governor Jeb Bush issued a statement
delegating the State Emergency Manager broad powers. The following are
excerpts of the statement:
I hereby designate the Director of the Division of Emergency Management as
the State Coordinating Officer for the duration of this emergency and as my
Authorized Representative. In exercising the powers delegated by this
Executive Order, the State Coordinating Officer shall confer with the
Governor to the fullest extent practicable. In accordance with Sections
252.36(1)(a) and 252.36(5), Florida Statutes, I hereby delegate to the
State Coordinating Officer the following powers, which he shall exercise as
needed to meet this emergency:
A. The authority to activate the Comprehensive Emergency
Management Plan;
B. The authority to invoke and administer the Statewide Mutual
Aid Agreement, and the further authority to coordinate the allocation of
resources under that Agreement so as best to meet this emergency;
C. The authority to invoke and administer the Emergency
Management Assistance Compact 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 the State of Florida under such Compacts and Agreements so as
best to meet this emergency;
D. The authority to seek direct assistance from any and all
agencies of the United States Government as may be needed to meet the
emergency;
E. The authority to distribute any and all supplies stockpiled
to meet the emergency;
F. In accordance with Sections 252.36(5)(a) and 252.46(2),
Florida Statutes, the authority to suspend existing statutes, rules,
ordinances, and orders for the duration of this emergency to the extent
that literal compliance with such statutes, rules, ordinances, and orders
may be inconsistent with the timely performance of disaster response
functions;
G. The authority to 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
of the State Coordinating Officer to meet this emergency;
H. The authority to activate the Continuity of Operations
Plans of all state, regional and local governmental agencies;
I. The authority to seize and utilize any and all real or
personal property as needed to meet this emergency, subject always to the
duty of the State to compensate the owner;
J. The authority to order the evacuation of all persons from
any portions of the State threatened by the disaster, the authority to
direct the sequence in which such evacuations shall be carried out, and the
further authority to regulate the movement of persons and traffic to, from,
or within any location in the State to the extent needed to cope with this
emergency;
K. The authority to reverse the flow of traffic on any and all
highways or portions of highways of the State Highway System as needed to
facilitate the evacuation of the affected communities;
L. The authority to regulate the return of the evacuees to
their home communities;
M. The authority to designate such Deputy State Coordinating
Officers as the State Coordinating Officer may deem necessary to cope with
the emergency; and
N. The authority to enter such orders as may be needed to
implement any or all of the foregoing powers.
Section 4. I hereby order the Adjutant General to activate the
Florida National Guard for the duration of this emergency, and I hereby
place the National Guard under the authority of the State Coordinating
Officer for the duration of this emergency.
A. I hereby give all agencies of the State, including the collegial
bodies within those agencies, the authority to suspend the effect of any
statute, rule, ordinance, or order of any state, regional, or local
governmental entity, to the extent needed to procure any and all necessary
supplies, commodities, services, temporary premises, and other resources,
to include, without limiting the generality of the foregoing, any and all
statutes and rules which affect budgeting, printing, purchasing, leasing,
and the conditions of employment and the compensation of employees, but any
such statute, rule, ordinance, or order shall be suspended only to the
extent necessary to ensure the timely performance of disaster response
functions.


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