MEMORANDUM

On January 9, 2024, in News Releases, by Staff

TO:                 Members of the Press

FROM:           Jason Mahon, Director of Communications, Governor Ron DeSantis

DATE:            Tuesday, January 9, 2024

RE:                  Executive Order 24-03

 

Today, Governor Ron DeSantis issued Executive Order 24-03, to include 49 counties under a state of emergency from severe weather impacting the state of Florida. Counties included in the executive order are: Alachua, Baker, Bay, Bradford, Brevard, Calhoun, Citrus, Clay, Columbia, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, Leon, Levy, Liberty, Madison, Marion, Nassau, Okaloosa, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Seminole, Sumter, St. Johns, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington counties.

To read the full executive order, click here or read below:

WHEREAS, a strong low pressure system moving across the eastern United States is forecast to bring severe weather impacts to parts of Florida; and

WHEREAS, the Storm Prediction Center is forecasting an Enhanced Risk for severe thunderstorms across North Florida and a Slight Risk for severe weather across Central Florida on Tuesday as a well-defined line of strong storms continues to advance eastward into the State; and

WHEREAS, damaging wind gusts in excess of 70 mph and tornadoes are the primary hazards, but large hail and flash flooding are also possible; and

WHEREAS, a Tornado Watch is in effect for much of the Florida Panhandle and Big Bend through Tuesday afternoon, and

WHEREAS, additional Tornado Watches are likely to be issued later today for parts of the Florida Peninsula; and

WHEREAS, Tornado Warnings and Severe Thunderstorm Warnings have been issued across the Florida Panhandle Tuesday morning with reports of damage; and

WHEREAS, high winds ahead of and behind the storm activity may also cause additional damage and power outages; and

WHEREAS, as Governor of Florida, I am responsible to meet the dangers presented to the State of 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 expected to constitute a major disaster, I declare that a state of emergency exists in Alachua, Baker, Bay, Bradford, Brevard, Calhoun, Citrus, Clay, Columbia, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, Leon, Levy, Liberty, Madison, Marion, Nassau, Okaloosa, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Seminole, Sumter, St. Johns, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington counties.

Section 2.        I designate the Director of the Division of Emergency Management (“Director”) 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 252.36(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:

  1. 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 the dangers presented by this emergency.
  2. Seek direct assistance and enter into agreements with any and all agencies of the federal government as may be needed to meet this emergency.
  3. 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.
  4. Direct the actions of any state agency as necessary to implement the Federal Emergency Management Agency’s National Disaster Recovery Framework.
  5. Designate Deputy State Coordinating Officers and Deputy State Disaster Recovery Coordinators, as necessary.
  6. 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.
  7. Enter orders as may be needed to implement any of the foregoing powers; however, the requirements of sections 252.46 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.        I 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 governmental 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:

  1. 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 and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the Executive Office of the Governor. No such suspension shall remain in effect beyond the expiration of this Executive Order, including any extension thereof.
  2. 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. 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 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.
  3. 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 file the order or declaration with the Division of Administrative Hearings within five days of issuance.

Section 5.        I find that the demands placed upon the funds appropriated to the agencies of the State of Florida and to local agencies are unreasonably great and may be inadequate to pay the costs of coping with this disaster.  In accordance with section 252.37(2), Florida Statutes, I direct that sufficient funds be made available, as needed, by transferring and expending moneys from the Emergency Preparedness and Response Fund.

Section 6.        All actions taken by the Director of the Division of Emergency Management as the State Coordinating Officer with respect to this emergency before the issuance of this Executive Order are ratified, and he is directed to continue to execute the State of Florida Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with this emergency.

Section 7.        This Executive Order is effective immediately and shall expire sixty (60) days from this date unless extended.

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