HomeMy WebLinkAboutPDS-22-063 - Whispering Oaks PUDMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 5141851 01/11/2023 12:00:16 PM
OR BOOK 4937 PAGE 621 - 642 Doc Type: ORD
RECORDING: $188.50
PDS ORDER 2022-063
FILE NO.: EDO-2212000019
AN ORDER GRANTING THE STATUTORY EXTENSION PROVIDED BY
FLORIDA STATUTES SECTION 252.363 TO THE APPROVED PLANNED
UNIT DEVELOPMENT FOR THE PROJECT KNOWN AS WHISPERING
OAKS PUD.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for an extension timely submitted by Cotleur & Hearing on behalf of the property owner,
and made the following determinations:
1. On April 18, 2006, the Board of County Commissioners granted approval through Resolution
06-053, Planned Unit Development Site Plan for 375 residential units to be known as
Whispering Oaks PUD. The project consists of 67.18 acres located on the east side of
South Jenkins Road approximately 1/3 mile south of Orange Avenue.
2. On November 18, 2014, the Board of County Commissioners granted approval through
Resolution 2014-029 for a Major Adjustment to the existing Planned Unit Development
(PUD) Site Plan known as Whispering Oaks to reconfirm the existing entitlement and to
convert 86 townhouse units without garages to 86 townhouse units with garages. The
project consists of 144 single-family lots and 230 townhomes with garages for a total of 374
residential units. The site contains 67.18 acres and is located on the east side of South
Jenkins Road, approximately 1/3 mile south of Orange Avenue.
3. On June 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) 16-155 declaring
a State of Emergency for Martin and St. Lucie counties due to increased number
of algae blooms in the month of June 2016 as a result of frequent discharges of harmful
water from Lake Okeechobee to the St. Lucie River and estuaries.
4. On August 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) 16-204
extending the State of Emergency for Martin and St. Lucie Counties due to the increased
number of algae blooms in the St. Lucie River and estuaries as the result of frequent
discharges of harmful water from Lake Okeechobee.
5. On November 4, 2016, The Planning and Development Services Director granted through
PDS Order 16-048 a development order extension due to Executive Order (EO) 16-204.
6. On November 4, 2016, The Planning and Development Services Director granted through
PDS Order 16-049 a development order extension due to Executive Order (EO) 16-230.
7. On April 11, 2017, Florida Governor Rick Scott issued Executive Order (EO) 17-120
declaring a State of Emergency for Florida due to the threat of wildfires caused by severe
drought conditions.
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8. On May 3, 2017, Florida Governor Rick Scott issued Executive Order (EO) 17-146 declaring
a state of emergency in the state of Florida due to an increase in deaths associated with the
Opioid Epidemic.
9. On September 4, 2017, Florida Governor Rick Scott issued Executive Order (EO) 17-235
declaring a State of Emergency in Florida due to the threat of Hurricane Irma.
10. On November 2, 2017, Executive Order (EO)17-235 was further extended by sixty (60) days
due to the ongoing recovery from Hurricane Irma.
11. On August 29, 2019, the Governor issued Executive Order 19-190 for sixty (60) days due
to the threat of Hurricane Dorian to the State of Florida residents. The total amount of time
allowed for this extension is sixty (60) days plus six (6) months.
12. On March 9, 2020 the Governor issued Executive Order 20-52 for sixty (60) days due to the
threat of COVID-19 to the State of Florida. The Governor further extended this order through
Executive Orders (EO) 20-114 on May 8, 2020, 20-166 on July 7, 2020, 20-213 on
September 4, 2020, 20-276 on November 3, 2020, 20-316 on December 29, 2020 and 21-
45 on February 26, 2021, due to the ongoing COVID-19 pandemic.
13. On September 24, 2022, the Governor issued Executive Order (EO) 22-219 declaring a
State of Emergency in the State of Florida due to the threat of Hurricane Ian. Executive
Order 22-219 amended Executive Order 22-218 to upgrade the State of Emergency
Declaration to encompass the entire state of Florida.
14. On November 7, 2022, the Governor issued Executive Order 22-253 for 60 days due to the
threat of Subtropical Storm Nicole to the State of Florida residents. The eligible tolling period
for this emergency declaration is sixty (60) days plus six (6) months.
15. Daniel Sorrow of Cotleur & Hearing, representing the property owner, requested a
development order extension pursuant to Executive Order (EO) 22-253 issued by the
Governor. The current expiration date is March 12, 2024, with an extension sought through
October 27, 2024.
16. Section 252.363, Florida Statutes provides that any local government issued development
order or permit may be extended from the period remaining for the duration of the
emergency declaration sixty (60) days plus six (6) months.
17. Section 252.363, Florida Statutes requires that a specific written notice be filed with the
issuing authority within ninety (90) days after the termination of the Declaration of
Emergency. The applicant applied for this extension on December 1, 2022.
18. Planning Staff performed an analysis of the project and determined that the extension is
consistent with the original St. Lucie County development orders granting extensions
depicted on the attached Exhibit A. Further analysis is found in the memorandum titled
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PDS 2022-063
Page 2
Whispering Oaks PUD Executive Order Extension, dated December 30, 2022.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Development Services Director of St.
Lucie County, Florida:
A. Pursuant to Section 252.363, Florida Statues of the State of Emergency Act the approval
for the project known as Whispering Oaks PUD has been found to be eligible for an
extension. The approval granted under PDS 2022-051 is extended from its last scheduled
date of expiration, March 12, 2024, and shall now expire October 27, 2024, for the property
described in Part B, is hereby approved with the following conditions.
All previous conditions of approval applicable to the subject property, as contained in
the above referenced development orders have been consolidated as contained herein.
The Final Plat for the Whispering Oaks — PUD shall not be recorded until constructible
engineering plans are approved, and all common improvements are either:
a) Built and accepted or approved by St. Lucie County; or
b) Appropriate security is provided to St. Lucie County in a form approved by the County
Attorney and an amount approved by the County Engineer, including an amount
necessary to cover the period of maintenance required by the Land Development Code.
2. No final site plan construction Development Permits shall be issued by the County until
complete sets of sealed constructible final engineering plans, supporting calculations and
survey data for all site work and offsite improvements are submitted to the County and
approved by the Public Works Department, Utilities Department, Environmental Resources
Department, Planning and Development Services Department, St. Lucie County Fire
District, and any other agency or County Department that may be determined by the Director
of Planning and Development Services to be necessarily involved in the review and approval
of the constructible final engineering plans for the site work and offsite improvements. The
determination of whether or not plans submitted by the applicant constitute a complete set
of constructible plans shall be made by the departments involved in the plan review.
3. As a part of any Final Plat of the proposed project, the petitioner, his successors or assigns,
shall convey or dedicate by plat to St. Lucie County, the west 20 feet of the subject property
along South Jenkins Road for additional right-of-way. To the extent permitted under the
County's Code and Compiled Laws, any such dedication may be considered eligible for
Road Impact Fee Credits.
4. Prior to the recording of any Final Plats for the project, the developer, his successor or
assigns, shall either construct or submit sufficient security in accordance with Section
11.04.00 of the St. Lucie County Land Development Code for the construction of the
following off -site improvements:
• A southbound left turn lane into the project entrance on South Jenkins Road;
• A northbound right turn lane into the project entrance on South Jenkins Road;
• A left turn lane into the project entrance on Peterson Road;
• A 6-foot wide sidewalk along the project's frontage on South Jenkins Road.
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Notwithstanding the above, the developer, his successors and assigns agrees to correct the
deficiencies set out in the letter from Craig A. Hauschild, P.E. to Michael Schorah, P.E.
dated January 28, 2011 and updated as per the email sent from Patrick Dayan to Dan
Sorrow on July 11, 2014. The Developer agrees to enter into a Reimbursement agreement
with the County that would allow the Developer to be reimbursed by the County for the cost
of correcting the deficiencies up to the maximum amount of $110,000.00 (which is the
amount received by the County from the prior developer's surety). If the cost to correct the
deficiencies exceeds $110,000.00, the Developer agrees to pay the additional cost.
5. The developer, his successors or assigns, shall be required to provide a Bus Stop/Transit
Stop at the entrance to the project on South Jenkins Road.
6. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the developer, his
successors or assigns, shall provide to the St. Lucie County Environmental Resources
Department the following:
A revised landscape plan illustrating the exact littoral zone locations around a portion of
each lake constructed on site along with the proposed plant sizes, quantities, and spacing.
Prior to the issuance of the last required Certificate of Occupancy, the littoral plantings shall
be required to be installed;
a. Homeowners Association guidelines that include or reference the Preserve Area
Management and Monitoring Plan;
b. Assurance that all preserve areas shall be barricaded per the approved Preserve Area
Management and Monitoring Plan.
7. No two adjoining single-family homes shall have the same front architectural elevation.
8. The irrigation system within this project shall be designed to accept reuse water from the Ft.
Pierce Utilities Authority (FPUA) as the preferred method of irrigation, if available.
9. The hours of operation for construction activities shall be limited to the time period from 7:00
A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1:00 P.M. Saturday and no work on
Sundays. No construction shall take place on Federal Holidays. The hours of operation
restrictions do not apply to sales activities. In the event the County adopts uniform hours of
operation for construction activities that apply countywide, then such hours of operation
shall supersede the hours of operation set forth herein.
10. Lots 5 through 9 and 55 through 65, inclusive, shall be limited to one story single family
units.
11. All construction traffic shall use the South Jenkins Road entrance, and no construction traffic
shall use the Peterson Road entrance.
12. All perimeter walls, fence and berms shall be completed within ninety (90) days of receipt
of the Vegetation Removal Permit. All references to wall, fence and berm heights shall be
measured from finished grade.
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PDS 2022-063
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13. Prior to the recording of the Final Plat all deficiencies associated with the required off -site
improvements shall be completed, and final certification documents shall be submitted to
the St. Lucie County Engineering Department for review and approval. The following
documentation is required for the final certification package: two signed and sealed
certificates of completion by a Florida licensed engineer; two signed and sealed sets of
record drawings by a Florida licensed surveyor and all supporting geo-technical test data.
14. Prior to the commencement of the off -site construction the developer, successor or assignee
shall obtain a St. Lucie County Right -of -Way Permit.
15. Prior to the issuance of a Right -of -Way Permit, the developer, successor or assignee shall
execute a Road Improvement Agreement with St. Lucie County and submit a surety for the
required off -site public improvements within Jenkins Road. The amount of surety shall be
115% of the engineer's estimate of probable cost. Form of surety shall be approved by the
County Attorney. The Agreement shall be approved and signed by the County Administrator
or designee.
16. Prior to Final Plat approval, final on -site construction plans shall be submitted to the St.
Lucie County Engineering Department for review and approval.
17. Prior to the recording of the Final Plat, the County Surveyor shall verify that all required
survey markers have been placed in accordance with the requirements of Chapter 177, FS,
Part I and the St. Lucie County Land Development Code. The developer's surveyor shall
notify the County Surveyor when all required survey markers have been set and flagged.
18. Prior to the recording of the Final Plat all internal improvements indicated on the site plan
and final engineering plans shall be constructed. A final certification of completeness shall
be delivered to the St. Lucie County Engineering Department for review and approval. The
final certification shall include two signed and sealed certificates of completion by the
engineer of record together with two sets of record drawings signed and sealed by a Florida
licensed surveyor and all supporting geo-technical test data.
19. Prior to recordation of the Final Plat, pursuant to Chapter 11.04 of the St. Lucie County Land
Development Code, the developer, successor or assignee shall either construct or bond all
required on -site improvements. Should the developer choose to bond the required
improvements, a Subdivision Improvement Agreement (SIA) together with the appropriate
surety supported by an engineer's opinion of probable cost shall be submitted for review.
The engineer's opinion of probable cost shall be approved by the County Engineer. The
form of surety shall be approved by the County Attorney.
20. Prior to issuance of a Vegetation Removal Permit the applicant shall provide the required
executed Conservation Easement over the onsite preserve areas, approved Preserve Area
Monitoring and Management Plan (PAMMP) with an attached affidavit and cashier's check
(payable to the Clerk of the Court for recording fees) to the County Attorney for review and
approval. A copy of a standard Conservation Easement can be found on the St. Lucie
File No.: EDO-2212000019
PDS 2022-063
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County Environmental Resources Department website at:
http://www.stlucieco.gov/pdfs/Conservation_Easement_Form.pdf.
21. Prior to issuance of a Vegetation Removal Permit, an updated gopher tortoise survey shall
be provided.
22. Prior to issuance of a Vegetation Removal Permit, the developers, their successor or
assigns, shall conduct a pre -construction meeting with construction personnel and
Environmental Resources Department staff, to verify vegetation protection measures have
been installed.
23. Within 90 days of site plan approval, all invasive exotic vegetation located within the
preserve areas shall be removed (Land Development Code Section 7.09.05).
24. The issuance of County Development permit does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the County if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law.
25. All other applicable state or federal permits must be obtained before commencement of the
development.
26. Prior to Final Plat approval or Vegetation Removal Permit whichever comes first, the
developer, successor or assignee shall submit a preliminary record plat submission in
accordance with the provisions of Section 11.03., Procedure for Platting of the Land
Development Code, including copies of all internal homeowners or property owners
association documentation describing the responsibilities/liabilities of the property
purchasers for review and approval by County staff.
27. Prior to Final Plat approval for this project, the developer, successor or assignee shall have
provided documentation satisfactory to the Planning and Development Services Director
that ensures water and wastewater service will be available to service the proposed
residential development.
28. Prior to Final Plat approval or Vegetation Removal Permit whichever comes first the
developer, successor or assignee shall submit a preliminary record plat submission in
accordance with the provisions of Section 11.03 Procedure for Platting of the Land
Development Code, including copies of all internal homeowners or property owners
association documentation describing the cross access agreement for future connection to
the adjacent property to the north.
29. Prior to the first Certificate of Occupancy for any residential building permit, the developer,
his successor or assigns shall remit the sum of $100,000.00 for his contribution for the future
sidewalks along Jenkins Road. Fifty percent (50%) of this contribution shall be considered
to be non -site related and therefore qualify for a road impact fee credit in the amount of
File No.: EDO-2212000019 PDS 2022-063
Page 6
$50,000.00. The developer shall enter into a written impact fee credit agreement which shall
provide that no credits shall be granted until the Developer has paid the sidewalk
construction set out above.
30. Prior to the first Certificate of Occupancy for any residential building permit the developer,
successor or assignee shall enter into a Road Impact Fee Credit Agreement for $50,000.
B. The property on which this extension is being granted is described as follows.
ALL OF THE PROPOSED PLAT OF "WHISPERING OAK, P.U.D." TO BE RECORDED IN THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
PARCEL 1.
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE WEST 1/2
OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE
EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, ALL IN
SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE RIGHT-OF-
WAY FOR CANAL NO. 35 OF THE NORTH ST LUCIE RIVER WATER MANAGEMENT
DISTRICT.
PARCEL ID:2407-313-0001-000-3
PARCEL 2:
THE WEST 3/4 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND
THE NORTH 132 FEET OF THE SOUTHWEST (1/4) OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4, ALL IN SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND
EXCEPT THE RIGHT-OF-WAY FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA
PARCEL ID:2407-313-0001-000-9
PARCEL3
THE SOUTH 541.85 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION
7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPTING THEREFROM THE RIGHT-
OF-WAY FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH AN EASEMENT FOR PUBLIC UTILITY PURPOSES ONLY, OVER, UNDER
AND ACROSS THE EASTERLY TWENTY-FIVE FEET OF THE FOLLOWING DESCRIBED LAND:
THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH,
RANGE 40 EAST, LESS AND EXCEPTING THEREFROM THE RIGHTS -OF -WAY FOR ORANGE
AVENUE AND JENKINS ROAD, AND ALSO LESS THE SOUTH 541.85 FEET, PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA.
PARCEL ID: 2407-313-0001-000-6
File No.: EDO-2212000019
PDS 2022-063
Page 7
CONTAINING 67.18 ACRES, MORE OR LESS
Location: East sides of South Jenkins Road, approximately 1/3 mile south of Orange
Avenue.
Parcel ID Numbers: 2407-313-0001-000/3, 2407-331-0001-000/9 and 2407-331-0002-
000/6
C. This Planned Development Site Plan statutory extension approval shall expire on October
27, 2024, unless a building permit is issued and active or an extension has been granted in
accordance with Section 11.02.06, St. Lucie County Land Development Code.
D. The conditions set forth in Part A are an integral non -severable part of the site plan approval
as granted by this administrative extension. If any condition set forth in Part A is determined
to be invalid or unenforceable for any reason and the developer declines to comply
voluntarily with that condition, this development order extension approval granted by this
resolution shall become null and void.
E. The Certificate of Capacity granted by the Planning and Development Services Director
shall remain valid for the period of this development order. If this order expires or otherwise
terminates, the Certificate of Capacity shall automatically terminate.
F. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning
and Development Services Department.
G. This order shall be recorded in the Public Records of St. Lucie County.
This ORDER is effective the So day of CC 2022.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Benjamin Balcer, AICP for Mayte Santamaria
APPROVE AS TO FO
AND COR R Ei,TN.,SS/
County Attorney
File No.: EDO-2212000019 PDS 2022-063
Page 8
EXHIBIT — A
WHISPERING OAKS PLANNED UNIT DEVELOPMENT
Date
Approval
Approval Granted
Expiration Date
Comments
11/18/2014
Res. No.
Board of County
11/18/2016
Major Adjustment
2014-029
Commissioners
to the existing
Planned Unit
Development
04/04/2016
PDS Order
Executive Order 16-59
07/19/2017
Lake Okeechobee
16-019
discharges from
heavy rainfall
11/04/2016
PDS Order
Executive Orders 16-155
05/19/2018
Increase number
16-048
and 16-204
of algae blooms
due to discharge
of harmful water
from Lake
Okeechobee
11/04/2016
PDS Order
Executive Order 16-230
01/18/2019
Hurricane
16-049
Matthew
10/02/2017
PDS Order
Executive Order 17-120
09/18/2019
Threat of wildfires
17-040
caused by severe
drought conditions
10/02/2017
PDS Order
Executive Order 17-146
05/18/2020
Threat of Opioid
17-041
Epidemic
12/13/2017
PDS Order
Executive Orders 17-235
03/19/2021
Hurricane Irma
17-048
and 17-287
11/21/2019
PDS Order
Executive Order 19-190
11/18/2021
Hurricane Dorian
19-046
5/11 /2021
PDS Order
Executive Order 20-52
7/12/2023
Covid-19
2021-013
12/02/2022
PDS Order
Executive Order 22-218,
03/12/2024
Tropical Storm
2022-051
22-219
Nine
File No.: EDO-2212000019
PDS 2022-063
Page 9
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 22-253
(Emergency Management —Subtropical Storm Nicole)
WHEREAS, as of 4:00 AM EST on November 7, 2022, Subtropical Storm Nicole was
located 555 miles East of Nassau, Bahamas with maximum sustained winds of 45 miles per hour;
and
WHEREAS, the National Hurricane Center predicts Subtropical Storm Nicole will impact
Florida's East Coast and could affect portions of the previously impacted area still recovering from
Hurricane Ian; and
WHEREAS, there is a risk of dangerous storm surge, heavy rainfall, flash flooding, strong
winds, hazardous seas, beach erosion, and the potential for isolated tornadic activity for Florida's
Peninsula; and
WHEREAS, the threat posed by Subtropical Storrn Nicole requires that timely precautions
are taken to protect the communities, critical infrastructure, and general welfare of Florida; and
WHEREAS, as Governor, I am responsible to meet the dangers presented to Florida and
its people by this emergency.
NOW, THEREFORE, I, RON DESANTIS, 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, which are projected to constitute a major
disaster, I declare that a state of emergency exists in Brevard, Broward, Charlotte, Citrus, Clay,
Collier, DeSoto, Duval, Flagler, Glades, Hardee, Hendry, Highlands, Hillsborough, Indian River,
Lake, Lee, Manatee, Martin, Miami -Dade, Nassau, Okeechobee, Orange, Osceola, Palm Beach,
Pasco, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, and Volusia Counties,
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 to execute 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), Florida Statutes, I delegate
to the State Coordinating Officer the authority to exercise those powers delineated in sections
25236(6)-(12), Florida Statutes, which he 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
Executive Order, the State Coordinating Officer shall confer with the Governor 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 252.921-252.9335, 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 to best meet this emergency.
B. Seek direct assistance and enter into agreements with any and all agencies of
the federal government as may be needed to meet this 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
response, recovery, and mitigation 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.
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D. Direct the actions of any state agency as necessary to implement the Federal
Emergency Management Agency's National Disaster Recovery Framework.
E. Designate Deputy State Coordinating Officers and Deputy State Disaster
Recovery Coordinators, as necessary.
F. Suspend the effect of any statute, rule, or order that would in any way prevent,
hinder, or delay any mitigation, response, or recovery action necessary to cope with this
emergency. In accordance with section 252.3611(1), Florida Statutes, any such order, declaration,
or other action shall specify each statute or rule being amended or waived, if applicable, and the
expiration date for the order or action.
G, Enter orders as may be needed to implement any of the foregoing powers. The
requirements of sections 252.46(1)-(2) and 120.54(4), Florida Statutes, do not apply to any such
orders issued by the State Coordinating Officer. No such order shall remain in effect beyond the
expiration of this Executive Order, including any extension thereof.
Section 3. 1 order the Adjutant General to activate the Florida National Guard, as needed,
to deal with this emergency.
Section 4. I find that the special duties and responsibilities resting upon some state,
regional, and local agencies and other govermnental bodies in responding to this emergency may
require them to suspend or waive certain statutes, rules, ordinances, and orders they administer.
Therefore, I issue the following authorizations:
A. Pursuant to section 252,36(6)(a), Florida Statutes, the Executive Office of the
Governor may suspend 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(1)-(2) and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the
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Executive Office of the Governor. No such suspension shall remain in effect beyond the expiration
of this Executive Order, including any extension thereof.
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.
In accordance with section 252.3611(1), Florida Statutes, any agency order, declaration, or other
action suspending a statute or rule shall specify each statute or rule being amended or waived, if
applicable, and the expiration date for the order or action. The requirements of sections 252.46(1)-
(2) and 120.54(4), Florida Statutes, shall not apply to any such suspension issued by a state agency.
No such suspension shall remain in effect beyond the expiration of this Executive Order, including
any extension thereof.
C. In accordance with section 252.38(3), 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) Following local procurement and contracting policies;
3) Entering into contracts; however, political subdivisions are cautioned
against entering into time and materials contracts without a ceiling as defined by 2 CFR 200.3180)
or cost plus a percentage of cost contracts prohibited by 2 CFR 200.324(d);
4) Incurring obligations;
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5) Employment of permanent and temporary workers;
6) Utilization of volunteer workers;
7) Rental of equipment;
8) Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities; and
9) Appropriation and expenditure of public funds.
D. All agencies whose employees are certified as disaster service volunteers within
the meaning of section 110,120(2)(d), Florida Statutes, may, in accordance with section
110.120(3), Florida Statutes, release any such employees for such service as requested by the
employee to meet this emergency,
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) Manage 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 section
316,545(4), 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;
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4) 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
5) 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.
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 or
suspended 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
3.16.545(4) and 3.20,0715, 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
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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 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 Executive Order, The DHSMV shall promptly notify the State
Coordinating Officer when the waiver is no longer necessary.
G. In accordance with section 465.0275(2), 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 or local agency but who do not reside in an area or county covered
by this Executive Order. In accordance with section 465.019(4)(b), Florida Statutes, a hospital
that operates a Class II or Class III institutional pharmacy located in an area or county covered
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under this Executive Order may prescribe and dispense a supply of a medicinal drug lasting up to
72 hours.
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 necessary to meet this emergency. I direct each state agency to report the closure of any
state building or facility to the WebEOC system utilized by the Division of Emergency
Management. 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 subdivision on a daily basis to the WebEOC system. 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.
1. Allstate 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 applications are deemed to be approved unless disapproved
in writing by specified deadlines. All such time requirements that have not yet expired as of the
date of this Executive Order are suspended and tolled to the extent necessary to meet this
emergency.
J. All agencies shall implement Selected Exempt Services (SES) Extraordinary
Payment Plans and Career Service Regular Compensatory Leave Payment Plans for:
1) All essential agency personnel who are required to work extraordinary
hours when state-owned or state -operated facilities are closed in response to an emergency
condition. Employees who are eligible to receive extraordinary pay under the agency's activated
plan shall accrue special compensatory leave credits for work performed during facility closures
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up to the number of hours in the employee's established workday. For these employees, any
additional time worked beyond the employee's established workday during facility closures will
result in extraordinary pay;
2) All agency personnel who are assigned to the State Emergency Operations
Center and are required to work extraordinary hours; and
3) All agency personnel who are deployed throughout the state in response to
an emergency condition and are required to work extraordinary hours.
K. Allstate agencies may waive the forty -day time limit to issue a warrant pursuant
to section 215.422(3)(a)-(b), Florida Statutes. This waiver applies to invoices and reimbursement
requests arising from this emergency that were received, inspected, and approved by the agency
prior to the expiration of this Executive Order, including any extension thereof. This waiver of
section 215.422(3)(a)-(b), Florida Statutes, andall waivers based upon this waiver shall expire
upon the expiration of this Executive Order, including any extension thereof.
L. The provisions of section 934.50, Florida Statutes, excluding subsection (4), are
waived for state and local agencies conducting emergency operations arising from the state of
emergency for the limited purpose of capturing aerial evidence concerning the amount of damage
sustained to private and public property; to assist in search, rescue, and recovery activities; and
prevent imminent danger to life or serious damage to property.
Section 5. All public facilities, including elementary and secondary schools, community
colleges, state universities, and other facilities owned or leased by the state, regional or local
goverrunents 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
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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 6. I find that the demands placed upon funds specifically appropriated to state and
local agencies for disaster relief or response are unreasonably great and that such funds may be
inadequate to pay the costs of coping with this emergency. In accordance with section
252.37(2)(b), Florida Statutes, I direct that sufficient funds be made available, as needed, by
transferring and expending moneys from the Emergency Preparedness and Response Fund created
under section 252,3711, Florida Statutes.
In accordance with section 252.37(2)(a), Florida Statutes, state agencies responding to this
emergency must first spend funds specifically appropriated for disaster relief or response. If no
specifically appropriated funds exist, or if funds specifically appropriated are exhausted, state
agencies are authorized to spend funds from the Emergency Preparedness and Response Fund
through the procedures outlined in Memorandum No. 22-046, Emergency Preparedness and
Response.
Section 7. All state agencies entering emergency orders, emergency rules, or other
emergency actions in response to this emergency shall advise the State Coordinating Officer
contemporaneously or as soon as practicable thereafter, and, pursuant to section 252.36(3)(b),
Florida Statutes, shall submit the order or declaration to the Division of Administrative Hearings
within five days of issuance.
Section 8. 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
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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 9. Pursuant to section 501,160, Florida Statutes, it is unlawful and a violation of
section 501.204, Florida Statutes, 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 10. Under the authority contained in sections 252.36(6)(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 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
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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),
Section 11. Consistent with Executive Order 80-29, nothing in this Executive 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 12. 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 in connection
with this emergency shall expire six months after the expiration of this Executive Order, including
any extension thereof.
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Section 13. 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.
Section 14. This Executive Order is effective immediately and shall expire sixty (60) days
from this date unless extended.
ATTEST-
0
SECRETARY OF STA'
IN `TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of
Florida to be affixed, at Tallahassee, this 7th day of
November 2022.
1-�
ON
S,TIS, GOVERNOR
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