EXECUTIVE ORDER NUMBER 01-262

My Florida.com
September 11, 2001 order
http://sun6.dms.state.fl.us/eog_new/eog/orders/2001/september/eo2001-262-09-11-01.html

EXECUTIVE ORDER NUMBER 01-262
(Emergency Management)

WHEREAS, on September 11, 2001 a combination of persons unknown carried out a series of terrorist acts resulting in the destruction of the World Trade Center in New York City and an explosion at the Pentagon, costing the lives of many persons and resulting in injuries to many more; and

WHEREAS, the scale of the destruction and the coordination, orchestration, and timing evident in these acts of terrorism suggest that they may be part of a larger pattern of acts of terrorism; and

NOW, THEREFORE, I, JEB BUSH, 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, do hereby promulgate the following Executive Order, to take immediate effect:

Section 1.

Because of the foregoing conditions, I hereby declare that a state of emergency exists in the State of Florida. I further find that the precautions needed to protect the State from a recurrence of such terrorist acts require a coordination of efforts by a number of agencies, and that central authority over these activities will be needed to ensure such coordination.

Section 2.

I hereby delegate to the Department of Law Enforcement the operational authority to coordinate and direct the law enforcement resources and other resources of any and all state, regional and local governmental agencies that the Department may designate to take the precautions needed to protect the State of Florida from terrorist acts. I hereby place all law enforcement resources under the operational authority of the Department of Law Enforcement while this Executive Order remains in effect, and I hereby designate the Commissioner of the Department of Law Enforcement as Incident Commander for this emergency.

Section 3.

I hereby designate the Interim 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 lend all available operational support to the Commissioner of the Department of Law Enforcement, and 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:

The authority to activate the Comprehensive Emergency Management Plan;
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;
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;
The authority to distribute any and all supplies stockpiled to meet the emergency;
The authority to suspend the effect of any statute or rule governing the conduct of state business, and the further authority to suspend the effect of any order or rule of any governmental entity, to include, without limiting the generality of the foregoing, any and all statutes and rules which affect budgeting, printing, purchasing, leasing, procurement, and the conditions of employment and the compensation of employees; provided, however, that the State Coordinating Officer shall have authority to suspend the effect of any statute, rule or order only to the extent necessary to ensure the timely performance of vital emergency response functions;
The authority to relieve any and all state agencies responsible for processing applications or petitions for any order, rule, or other final action subject to the Administrative Procedure Act, as amended, from the deadlines specified in that Act and in other applicable laws for the duration of this emergency, if the State Coordinating Officer finds that such deadlines cannot be met because of this emergency;
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;
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;
The authority to order the evacuation of any or all persons from any location in the State of Florida, and the authority to regulate the movement of any or all persons to or from any location in the State;
The authority to regulate the return of the evacuees to their home communities; and
The authority to designate such Deputy State Coordinating Officers as the State Coordinating Officer may deem necessary to cope with the emergency.

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 direction of the State Coordinating Officer for the duration of this emergency.

Section 5.

In accordance with Sections 252.36(5)(a) and 252.46(2), Florida Statutes, all statutes, rules and orders are hereby suspended for the duration of this emergency to the extent that literal compliance with such statutes, rules, and orders may be inconsistent with the timely performance of emergency response functions.

Section 6.

I hereby give all agencies with employees 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.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, the Capitol, this 11th day of September, 2001.

© Copyright 2001

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