EXECUTIVE OFFICE OF THE GOVERNOR
Division of Emergency Management
The Florida Division of Emergency Management
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
In re:
SUSPENSION OF STATUTES, RULESDEM NO. 15-001
AND ORDERS, MADE NECESSARY
BY SUMMER 2015 FLORIDA FLOODS
EMERGENCY ORDER
I hereby find that the Division of Emergency Management’s timely execution of the mitigation, response, and recovery aspects of the State’s emergency management plan [1], as it relates to the Summer 2015 Florida floods, is negatively impacted by the application of certain regulatory statutes prescribing the procedures for the conduct of state business as well as by certain orders and rules of this agency. [2]
Therefore, pursuant to the authority granted by Executive Order No. 15-158 [3], I hereby suspend the effect of any statute, rule, or order that would in any way prevent, hinder, or delay necessary action by the Division in coping with this emergency.
By its express terms, this Order suspends any statute, rule, or order if: (1) strict compliance with the statute, rule, or order (as unsuspended) would in any way prevent, hinder, or delay any mitigation, response, or recovery action undertaken by the Division; and, (2) such action is necessary to cope with this emergency. The suspension includes, but is not limited to, any and all statutes, rules, or orders that affect budgeting, leasing, printing, purchasing, travel, conditions of employment, and the compensation of employees.
Because Section 252.36(5)(a), Florida Statutes, allows the Governor to suspend the provisions of “any regulatory statute prescribing the procedures for [the] conduct of state business”, and because Executive Order No. 15-158 designates the Director of the Division of Emergency Management as the State Coordinating Officer for this emergency, the requirements of Sections 252.46 and 120.54(4), Florida Statutes, do not apply to this Order.
The effective dates of this Order shall correspond with the effective dates of Executive Order No. 15-158.
Executed this 10th day of August, 2015, in Tallahassee, Leon County, Florida.
FLORIDA DIVISION OF
EMERGENCY MANAGEMENT
_____________________________
Bryan W. Koon, Director
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
Filed on this date, pursuant to § 120.52, Florida Statutes, with the designated Division Clerk, receipt of which is hereby acknowledged.
Melinda Zody Dowling
Division Clerk
Date:August 10, 2015
The original signed order is on file at the above address.
Section 252.36(3)(a) states that “[a]n executive order or proclamation of a state of emergency shall [a]ctivate the emergency mitigation, response, and recovery aspects of the state… emergency management plan…” (Emphases added).
See section 252.36(5)(a), Florida Statutes (“In addition to any other powers conferred upon the Governor by law, she or he may… [s]uspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of any state 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.”).
See Executive Order No. 15-158 (“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 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency…”).
