HomeMy WebLinkAbout11/08/22 - State of Local Emergency - Subtropical Storm NicoleMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 5119282 11/08/2022 09:24:59 AM
OR BOOK 4912 PAGE 2231 - 2234 Doc Type: MS
RECORDING: $35.50
A DECLARATION OF THE ST. LUCIE COUNTY
PUBLIC SAFETY DIRECTOR DECLARING A STATE OF LOCAL EMERGENCY
(SUBTROPICAL STORM NICOLE)
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 Subtropical Storm Nicole a
potential hurricane and has issued a Hurricane Watch for a portion of the east coast of Florida,
including St. Lucie County.
4, The Governor of the State of Florida issued Executive Order 22-253 dated
November 7, 2022, declaring a state of emergency that includes St. Lucie County.
5. Executive Order 22-253, 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.
6. The presence of Subtropical Storm Nicole 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 Subtropical Storm Nicole.
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
Declaration declaring a state of local emergency be adopted.
NOW THEREFORE, BE IT DECLARED AS FOLLOWS:
1. I, Rangel (Ron) Guerrero, 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 S"oD a.
p.m. on November , 2022, 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 exist.
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 are 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.
9. This Declaration shall be filed in the Office of the Clerk of the Circuit Court within
3 days after issuance and, further, shall be available on a dedicated webpage accessible through
a conspicuous link on the County's homepage.
DONE AND -ORDERED in St. Lucie County, FI
2022, at 5 a.m p.m. /
Public
CON URRENCE:
.C_
ward N. ipton
ounty Administrator
APPROVED S TO FORM
CORRECTN11W,
Daniel S. McIntyre
County Attorney