1998-040 Declaring Sate of Local EmergencyRESOLUTION 40-98
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BRACH, FLORIDA, DECLARING A STATE OF LOCAL EMERGENCY.
WHEREAS, safeguarding the life and property of the citizens of North Palm Beach is an
imrate responsibility of the Village Council of North Palm Beach; and
Wl3EREAS, Section 252.38(3)(a)5, Florida Statutes, grants the Village Council of North
Palm Beach the authority and power to request State assistance or invoke emergency-related
mutual aid assistance by declaring a state of local emergency in the event of an emergency
affecting the Village of North Palm Beach; and
WI IEREAS, Section 252.38(3)(a)5, Florida Statutes, further empowers the Village Council
of North Palm Beach to waive the procedures and formalities otherwise required of the political
subdivision by law pertaining to a number of actions that can be taken to insure the health, safety
and welfare of the community, in accordance with the authority set forth therein; and
WHEREAS, Resolution 38-93 authorizes the Village Council of North Palm Beach to
invoke emergency-related mutual aid assistance by declaring a state of local emergency; and
WHEREAS, a disaster has placed the Village of North Palm Beach in a state of
emergency, exposing the citizens to danger to life and property; and
• WHEREAS, in order to respond to such disaster, the Village Manager or his designee(s)
is hereby authorized to initiate and take such actions authorized by Section 252.38 Florida
Statutes for and on behalf of the Village Council of North Palm Beach during the term of such
local slate of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VII,I,AGE OF NORTH PALM BEACH, FLORIDA:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. A state of local emergency is hereby declared effective immediately and
that such declaration shall remain in full force and effect for a period of seven (7) days unless
extended or sooner rescinded by the Governor of the State of Florida or the Village Council of
North Palm Beach.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 24th DAY OF SEPTEMBER , 1
• ATTEST:
Village Clerk
•
J
!;~ of receiving federal disaster relief assistance or
ng funds.
~v Tne department shall allocate funds Irom the
Fjnprgency Management, Preparedness, and Assist-
ence Trust Fund to local emergency management
panties and programs pursuant to criteria specified in
ab. Such rules shall include, but are not limited to:
(e) Requiring that, at a minimum, a local emer-
ysncy management agency either:
t, Have a program director who works at least 40
it0ur5 a week in that capacity; or
2. II the county has fewer than 50,000 population
or is party to an interjurisdictional emergency manage-
ment agreement entered into pursuant to s.
252.38(3)(b). that is recognized by the Governor by
executive order or rule, have an emergency manage-
ment coordinator who works at least 20 hours a week
in that capacity.
(D) Specifying a formula that establishes a base
grant allocation and weighted factors for funds to be
ebcated over the base grant amount.
(c) Speciying match requirements.
(d) Preferential funding to provide incentives to
counties and municipalities to participate in mutual aid
agreements.
(a) If adequate funds are available as determined
by the division, every county shaft receive funds at least
sufficient to fund a dedicated, full-time emergency pre-
paredness officer position.
Nnwy.-i ? cn 93429.
252.38 Emergency management powers of politi-
cal subdivisions.-Safeguarding the life and property
of its citizens is an innate responsibility of the governing
txxiy of each political subdivision of the state.
(1) COUNTIES.-
(a) In order to provide effective and orderly govern-
mental control and coordination of emergency opera-
tions in emergencies within the scope of ss. 252.31-
252.97, each county within this state shall be within the
jurisdiction of, and served by, the division. Except as
otherwise provided in ss. 252.31.252.91, each local
emergency management agency shall have jurisdiction
over and serve an entire county. Unless part of an
interjurisdictional emergency management agreement
entered into pursuant to paragraph (3)(b) which is rec-
ognized by the Governor by executive order or rule,
each county must establish and maintain such an
emergency management agency and shall develop a
county emergency management plan and program that
is coordinated and consistent with the state compre-
hensive emergency management plan and program.
Counties that are part of an inter)urisdictional emer-
gency management agreement entered into pursuant
to paragraph (3)(b) which is recognized by the Gover-
nor by executive order or rule shall cooperatively
develop an emergency management plan and program
that is coordinated and consistent with the state com-
prehensive emergency management plan and pro-
gram.
creaied and establishetl p ursuant too ss9252.31 262.91
shall have a director who shall be appointed and have
an annual salary fixed by the board of county commis-
sioners of the county. The director must meet the mini-
mum training and education qualifications established
in a job description approved by the county. The direc-
torshall be appointed by the board of county commis-
sioners to serve at the pleasure of the board, subject to
thelr direction end control, in conformance with applica-
ble resolutions, ordinances, and laws. Each board of
county commissioners shall promptly Inform the divi•
sion of the appointment of the director and other per-
sonnel. Each director has direct responsibility for the
organization, administration, and operation of the
county emergency management agency, subject only
to the direction and control of the governing body of the
county. The director shall coordinate emergency man•
agement activities, services, and programs within the
county and shall serve as liaison to the division and
other local emergency management agencies and
organizations.
(c) Each county emergency management agency
shall perform emergency management functions within
the territorial limits of the county within which it is orga•
nized and, in addition, shall conduct such activities out-
side fts territorial limits as are required pursuant to ss.
252.31.252.91 and in accordance with state and
county emergency management plans and mutual aid
agreements. Counties shall serve as liaison for and
coordinator of municipalities' requests for state and
federal assistance during postdisasteremergency
operations.
(d) During a declared state or local emergency and
upon the request of the director of a local emergency
management agency, the district school board or
school boards in the affected area shall participate in
emergency management by providing facilities and
necessary personnel to staff such facilities. Each
school board providing transportation assistance in an
emergency evacuation shall coordinate the use of its
vehicles and personnel with the local emergency man-
agementagency.
(e) County emergency management agencies may
charge and collect fees for the review of emergency
management plans on behall of external agencies and
institutions. Fees must be reasonable and may not
exceed the cost of providing a review of emergency
management plans in accordance with tee schedules
established by the division.
(2) MUNICIPALITIES --Legally constituted munic-
ipalities are authorized and encouraged to create
municipal emergency management programs. Munici-
pal emergency management programs shall coordi-
natetheir activities with those of the county emergency
management agency. Municipalities without emer-
gency management programs shall be served by their
respective county agencies. If a municipality elects to
establish an emergency management program, it must
comply with all laws, rules, antl requirements applica-
ble tocounty emergency management agencies. Each
municipal emergency management plan must be
consistent with and subject to the applicable county
emergency management plan. In addition, each munic-
ipality must coordinate requests for state or federal
emergency response assistance with its county. This
273
Ch. 252 EMERGENCY MANAGEMENT F.S. 1997
requirement does not apply to requests for reimburse-
ment under federal public disaster assistance pro-
grams.
(3) EMERGENCY MANAGEMENT POWERS;
POLITICAL SUBDIVISIONS.-
(a) In carrying out the provisions of ss. 252.31-
252.91,each political subdivision shall have the power
and authority:
1. To appropriate and expend funds; make con-
tracts; obtain and distribute equipment, materials, and
supplies for emergency management purposes; pro-
vide for the health and safety of persons and property,
including emergency assistance to the victims of any
emergency; and direct and coordinate the development
of emergency management plans and programs in
accordance with the policies and plans set by the fed-
eral and state emergency management agencies.
2. To appoint, employ, remove, or provide, with or
without compensation, coordinators, rescue teams, fire
and police personnel, and other emergency manage-
ment workers.
3. To establish, as necessary, a primary and one
or more secondary emergency operating centers to
provide continuity of government and direction and
control of emergency operations.
4. To assign and make available for duty the
offices and agencies of the political subdivision, includ-
ing the employees, property, or equipment thereof
relating to firefighting, engineering, rescue, health,
medical and related services, police, transportation,
construction, and similar items or services for emer-
gency operation purposes. as the primary emergency
management forces of the political subdivision for
employment within or outside the political limits of the
subdivision.
5. To reyuesl state assistance or invoke emergen-
cy-related mutual-aid assistance by declaring a stale of
local emergency in the event of an emergency affecting
only one political subdivision. The duration of each
state of emergency declared locally is limited to 7 days;
it may be extended, as necessary, in 7-day increments.
Further, the political subdivision has the power and
authority to waive the procedures and formalities other-
wise required of the political subdivision bylaw pertain-
ing to:
a. Performance of public work and taking what-
ever prudent action is necessary to ensure the health,
safety, and welfare of the community.
b. Entering into contracts.
c. Incurring obligations.
d. Employment of permanent and temporary work-
ers.
e. Utilization of volunteer workers.
f. Rental of equipment.
g. Acquisition and distribution, with or without
compensation, of supplies, materials, and facilities.
h. Appropriation and expenditure of public funds.
(b) Upon the request of two or more adjoining coun-
ties, or if the Governor finds that two or more adjoining
counties would be better served by an
interjurisdictional arrangement than by maintaining
separate emergency management agencies and ser-
vices, the Governor may delineate by executive order
or rule an interjurisdictional area adequate to plan for,
prevent, mitigate, or respond to emergencies in such
area and may direct steps to be taken as necessary,
including the creation of an interjurisdictional relation-
ship, ajoint emergency plan, a provision for mutual aid,
or an area organization for emergency planning and
services. A finding of the Governor pursuant to this
paragraph shall be based on one or more lectors
related to the difficulty of maintaining an efficient and
effective emergency prevention, mitigation. prepared
ness, response, and recovery system on a
unijurisdictionai basis, such as:
1. Small or sparse population.
2. Limitations on public financial resources severe
enough to make maintenance of a separate emergency
management agency and services unreasonably bur•
densome.
3. Unusual vulnerability to emergencies as evi-
denced by apast history of emergencies, topographical
features, drainage characteristics, emergency poten•
fiat, and presence of emergency-prone facilities or
operations.
4. The interrelated character of the counties in a
muiticounty area.
5. Other relevant conditions or circumstances.
NI110rY.-f. t, ~. ]~@86'. a. 1. U. ]]•1]a: r. 22. Cn. BI463. f t~. cn. ~}}yc
a. 102, U. DA2)9: a. 55. cn. 92026: a. u, cn. 9}2l t, s 732 ~ ~ 35.tsB
252.385 Public shelter space.-
(1) It is the intent of the Legislature that this state
not have a deficit of safe public shelter space in any
region of the state by 1998 and thereafter.
(2) The division shall administer a program to sur-
veyexisting schools, universities, community colleges.
and otherstate-owned, municipally owned, and coun~y~
owned public buildings to identify those that are appro-
priately designed and located to serve as shatters. The
owners of the facilities shall be given the opportunity to
participate in the surveys. The Board of Regents and
the Department of Education are responsible for cocr-
dinatingand implementing the survey of public schocls.
universities, and community colleges.
(3) Beginning no later than September 1.1994. the
division shall annually provide to the President of the
Senate, the Speaker of the House of Representatives.
and the Governor a list of facilities recommended to be
retrofitted using slate funds. State funds should be tar•
gated to counties with shelter deficits. Retrofitting faces
ties In regions with public shelter deficits shall be given
first priority and should be completed by 7998. Al
appropriate facilities should be retrofitted by 2003.
History.-s. 18. cn. 9JQt 1.
252.39 Local services.-
(t) Whenever the employees of any political sutxf
vision are rendering outside aid pursuant to the auttar-
ity contained in s. 252.38, such employees shall haw
the same powers, duties, rights, privileges. and imrtv
pities as ii they were performing their duties in the per'
cal subdivisions in which they are normally employe
(2)(a) The political subdivision in which any eV~
ment is used pursuant to this section shall be liable ~
any loss or damage thereto and shall pay any expenM
incurred in the operation and maintenance thereol.Ifd
274