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HomeMy WebLinkAbout08/01/20 - Declaration of EmergencyA DECLARATION OF THE ST. LUCIE COUNTY PUBLIC SAFETY DIRECTOR DECLARING A STATE OF LOCAL EMERGENCY (HURRICANE ISAIAS) WHEREAS, the St. Lucie County Public Safety Director has made the following determinations: 1. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. A state of local emergency proclamation is allowed for seven (7) days with appropriate extensions pursuant to law. 3. The National Hurricane Center has identified Hurricane Isaias and is likely to issue a Hurricane Warning for the east coast of Florida, including St. Lucie County. 4. The Governor of the State of Florida issued Executive Order 20-181 dated July 31, 2020, declaring a state of emergency that includes St. Lucie County; and 5. Executive Order 20-181, in accordance with Section 252.38, Florida Statutes, authorizes political subdivisions to take whatever prudent action is necessary to ensure the health, safety and welfare of the community; and 6. The presence of Hurricane Isaias has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 7. St. Lucie County should take timely precautions to protect public and private property and members of the public from the potential effects of Hurricane Isaias. 8. It is the recommendation of the County Administrator and the Public Safety Director that a state of local emergency be declared for St. Lucie County and that this JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4742327 08/14/2020 10:29:52 AM OR BOOK 4461 PAGE 2154 - 2157 Doc Type: DEC RECORDING: $35.50 Declaration declaring a state of local emergency be adopted. NOW THEREFORE, BE IT DECLARED AS FOLLOWS: 1. I, Ron Parrish, as Public Safety Director for St. Lucie County, in accordance with the powers vested in me pursuant to Chapter 252, Florida Statutes, and Resolution No. 00-277, do hereby proclaim the existence of a state of local emergency in St. Lucie County, Florida, as identified above. This Declaration shall commence at 16 a.rfi). p.m. o : `. li61,t3T I 2020 and shall terminate automatically seven (7) days from this date unless terminated earlier or extended. 2. This Declaration authorizes the County Administrator or designee, to take all actions necessary and appropriate to protect human life and property, including the promulgation of rules and orders as may be necessary subject to the limitations of Section 252.33, Florida Statutes. All rules and orders promulgated hereunder shall be filed with the Clerk of the Court. This declaration further authorizes the County Administrator or designee, to utilize all lawful authority granted to St. Lucie County by the St. Lucie County Comprehensive Emergency Management Plan and by Federal, State or County Emergency Management Laws, Rules, Regulations, Orders and, including, but not limited to, Section 252.46 and Section 252.38(3)(a), Florida Statutes. Any such actions taken shall be ratified by the Board of County Commissioners as soon as practical under the circumstances. 3. All existing laws, ordinances, and rules inconsistent with the provisions of Section 252.31 to Section 252.905, Florida Statues, inclusive, or inconsistent with any rule or specifically promulgated under this declaration shall be suspended during the period of time and to the extent that such conflicts exists. 4. The County Administrator may suspend, toll or extend the time requirements, notice requirements and deadlines for final action on applications for permits, licenses, rates and other approvals under the St. Lucie County Code, to the extent necessary to accommodate the emergency. 5. Pursuant to Section 252.38(3)(a), Florida Statutes, the County hereby exercises its authority and waives the procedures and formalities otherwise required of a political subdivision by law, pertaining to: • Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; • Entering into contracts; • Incurring obligations; • Employment of permanent and temporary workers; • Utilization of volunteer workers; • Rental of equipment; • Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and • Appropriation and expenditure of public funds 6. Any person violating any rule or order issued pursuant to this Declaration or any person who willfully fails or refuses to comply with the order or orders of any duly authorized law enforcement officer or personnel charged with the responsibility for the enforcement of such orders shall, upon conviction therefore, be punished as provided by Section 252.50, Florida Statutes, and by such other laws as may be applicable to the offense. 7. The state of emergency declared by this Declaration may be modified in whole or in part or may be terminated upon the joint recommendation of the County Administrator and the Public Safety Director, with ratification by the Board of County Commissioners as soon as is practicable at a regular or special meeting. This Declaration shall remain in effect for no longer that seven (7) days unless terminated or modified earlier, or extended in accordance with law. 8. If any provisions of this Declaration is invalidated by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions of this Declaration, which shall have the full force and effect of the law. DONE AND ORDERED in St. Lucie County, Florida, the J- day of 006 VS 2020, at L a.m. p.m.,; Ron Par PubliFS CONCURRENCE: Howard N. Tipton County Administrator APPROVED AS TO FORM & CORRECTNESS: I-, Daniel S. McIntyre County Attorney