HomeMy WebLinkAboutcocc_council_mtg_packet_20190912_special Originally scheduled for September 3,2019 and cancelled on September 2,2019—due to
the projected impacts of Hurricane Dorian—this hearing has been rescheduled per Florida
Department of Revenue Emergency Order No. 19-001 and Governor Ron DeSantis'
Executive Order Numbers 19-189 and 19-190.
CAPE CANAVERAL SPECIAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
September 12, 2019
5:30 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on
the agenda and any agenda item that is listed on the agenda for final official action by the City Council
excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial
items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items.
Citizens will limit their comments to three(3)minutes.The City Council will not take any action under the
"Public Participation"section of the agenda.The Council may schedule items not on the agenda as regular
items and act upon them in the future.
PUBLIC HEARINGS:
5:45 p.m. 6:00 p.m.
1. Resolution No.2019-12;adopting a tentative millage rate for the levy of Ad Valorem Taxes
for Fiscal Year 2019/2020 on all taxable property located within the City of Cape
Canaveral, Brevard County, Florida; providing for an effective date.
2. Ordinance No. 16-2019; adopting the Annual General Fund, Wastewater Enterprise Fund,
Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital
Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2019,
and ending September 30, 2020; providing for an effective date, first reading.
ADJOURNMENT: Pursuant to Section 286.0105,Florida Statutes,the City hereby advises the public
that: If a person decides to appeal any decision made by the City Council with respect to any matter
considered at this meeting, that person will need a record of the proceedings, and for such purpose that
person may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by
the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law.In accordance with the Americans
with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped.Persons with disabilities needing assistance to participate in the proceedings should
contact the City Clerk's office (868-1220 x207 or x206)48 hours in advance of the meeting.
City of Cape Canaveral
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Special Meeting Date: 9/12/2019
Item No. 1
Subject: Resolution No. 2019-12; adopting a tentative millage rate for the levy of Ad Valorem
Taxes for Fiscal Year 2019/2020 on all taxable property located within the City of Cape
Canaveral, Brevard County, Florida; providing for an effective date.
Department: Financial Services
Summary: At its July 16, 2019 meeting, City Council adopted Resolution No. 2019-10
reflecting a tentative proposed millage rate of 3.7359,which was lower than the previous year's
rate. Going forward, Staff recommends Resolution No. 2019-12 (Attachment 1), adopting a
tentative millage rate of 3.7256 mills for Fiscal Year 2019/2020. This represents a rate below
the rolled-back rate. With this decrease in millage, the City's millage rate is the fourth lowest in
Brevard County.
Originally scheduled for September 3, 2019 and cancelled on September 2, 2019—due to the
projected impacts of Hurricane Dorian—this hearing has been rescheduled to September 12,
2019. The Department of Revenue waived the timing compliance requirements (Florida
Department of Revenue Emergency Order No. 19-001 [Attachment 2]) to the extent necessary
to meet the emergency declared in Governor Ron DeSantis' Executive Order Numbers 19-189
(Attachment 3) and 19-190 (Attachment 4).
The adoption of a tentative millage rate of 3.7256 mills for Fiscal Year 2019/2020 includes two
segments:
General Government Millage 3.6700 mills
Library Dependent Special District 0.0556 mills
These rates are identified in the Fiscal Year 2019/2020 Proposed Budget.
Per"Truth in Millage Compliance",the Ad Valorem Tax rates can be lowered from the proposed
rate; however, no tax rate can be increased.
There will be one more meeting concerning the Ad Valorem Tax rate to be implemented for the
City's Fiscal Year 2019/2020 Budget. It will be held on September 17, 2019 at 6:00 pm, at
which time a final millage rate will be adopted.
Submitting Department Director: John DeLeo Date: 9/6/19
Attachments:
1-Resolution No. 2019-12
2-Florida Department of Revenue Emergency Order No. 19-001
3-Governor Ron DeSantis' Executive Order Number 19-189
4-Governor Ron DeSantis' Executive Order Number 19-190
City Council Special Meeting
Date: 9/12/2019
Item No. 1
Page 2 of 2
Financial Impact: The tentative millage rate of 3.7256 provides a property tax revenue stream
of$4,630,737. These revenues are represented in the Proposed Fiscal Year 2019/2020 Budget
at a 95% receipt rate and allow for a balanced budget. Staff time to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/6/19
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2019-12.
Approved by City Manager: David L. Greene Vim' Date: 9/6/19
Attachment 1
RESOLUTION NO. 2019-12
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; ADOPTING A
TENTATIVE MILLAGE RATE FOR THE LEVY OF AD
VALOREM TAXES FOR FISCAL YEAR 2019/2020 ON ALL
TAXABLE PROPERTY LOCATED WITHIN THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved
millage rate; and
WHEREAS, originally scheduled for September 3, 2019 and cancelled on September 2,
2019—due to the projected impacts of Hurricane Dorian—this hearing was rescheduled to
September 12, 2019. The Department of Revenue waived the timing compliance requirements
(Florida Department of Revenue Emergency Order No. 19-001) to the extent necessary to meet
the emergency declared in Governor Ron DeSantis' Executive Order Numbers 19-189 and 19-190;
and
WHEREAS,Florida Statute 200.065 expressly provides no millage shall be levied until a
resolution or ordinance has been approved by the governing board of the taxing authority and upon
preparation of a tentative budget,but prior to adoption thereof, each taxing authority shall compute
a tentative millage rate necessary to fund the tentative budget other than the portion of the budget
to be funded from sources other than Ad Valorem Taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Section 1. The total millage for all City operating purposes is 3.7256 mills on the dollar
of taxable value for the 2019/2020 Fiscal Year for the City of Cape Canaveral, Florida. This
millage represents a rate below the previous year's rate and a 0.64% decrease below the roll-back
rate of 3.7495 mills.
Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative millage rate of 3.6700 mills for General Government Millage. This proposed
City of Cape Canaveral,Florida
Resolution No.2019-12
Page 1 of 2
Ad Valorem Tax shall be levied upon the 2019 Tax Assessment Roll for Ad Valorem Tax on all
taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal
Year beginning October 1, 2019 and ending September 30, 2020.
Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative millage rate of 0.0556 mills for the Library Dependent Special District, as
approved in the 1985 referendum election. This proposed Ad Valorem Tax shall be levied upon
the 2019 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City
of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2019 and
ending September 30, 2020.
Section 4. This Resolution shall become effective immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,Brevard County,Florida,
this 12th day of September 2019.
Bob Hoog,Mayor
ATTEST:
Name For Against
Mia Goforth, CMC Mike Brown
City Clerk
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
Approved as to Form:
Anthony A. Garganese, City Attorney
City of Cape Canaveral,Florida
Resolution No.2019-12
Page 2 of 2
Attachment 2
STAlE OF FLORIDA
DEPARTMENT OF REVENUE
OFFICE OF THE EXECUTIVE DIRECTOR
EMERGENCY ORDER NO. 19-001
EMERGENCY ORDER IMPLEMENTING PROVISIONS OF
EXECUTIVE ORDER NUMBER 19-190 (RE: HURRICANE DORIAN)
(AD VALOREM AND NON-AD VALOREM ASSESSMENTS)
On August 28, 2019, Governor Ron DeSantis issued Executive Order Number 19-
189 (EO 19-189) in response to the National Hurricane Center reporting that Tropical
Storm Dorian had strengthened into a Category 1 Hurricane as it approached Puerto Rico
and declared a state of emergency for 26 counties in Florida including: Baker, Bradford,
Brevard, Broward, Clay, Duval, Flagler, Glades, Hendry, Highlands, Indian River, Lake,
Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach,
Putnam, Seminole, St. Johns, St. Lucie,Volusia, and Union.
On August 29, 2019, Governor DeSantis issued Executive Order Number 19-190
(EO-190) in response to Hurricane Dorian strengthening in intensity and amended EO
19-189 to include all 67 counties in Florida. Additionally, Governor DeSantis requested
that President Donald J. Trump declare a pre-landfall disaster for all 67 counties in
Florida in preparation for the threat posed by Hurricane Dorian.
On August 30, 2019, President Trump approved Governor DeSantis' request to
declare an emergency in the State of Florida due to the threat of dangerous conditions
resulting from Hurricane Dorian.
On September 1, 2019, Hurricane Dorian was upgraded to a Category 5 hurricane
on the Saffir-Simpson Hurricane Wind Scale with maximum sustained winds of 180
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miles per hour and was located approximately 175 miles east of West Palm Beach,
Florida.
Pursuant to the authority provided in EO 19-190, the Executive Director of the
Florida Department of Revenue(Department) hereby makes the following findings:
1. As of 8 a.m. (EST) on Tuesday, September 3, 2019, Hurricane Dorian is a
Category 3 hurricane with maximum sustained winds of 120 mph. Current forecast
models predict Hurricane Dorian will remain a dangerous Category 3 storm and continue
to move to the north closely along the eastern coastline of Florida. Hurricane Dorian
poses a severe emergency threat to Florida.
2. The severity of the storm is likely to disrupt utilities and other essential
services, as well as impair mobility on roads and highways located within the state.
3. Mandatory evacuations have already been issued for coastal areas of Brevard,
Duval, Flagler, Indian River, Martin, Nassau, Palm Beach, St. Johns, St. Lucie, and
Volusia counties. Additional voluntary evacuations have been issued in Glades, Hendry,
Highlands, Osceola, Okeechobee counties. Mandatory evacuations are likely to be issued
for additional counties as Hurricane Dorian continues to approach Florida. In furtherance
of promoting safety, Governor DeSantis has advised everyone in this state to comply with
mandatory evacuations issued due to Hurricane Dorian.
4. The emergency preparations for, and response to, Hurricane Dorian may
impede taxing authorities' proper performance and duties related to holding of millage
and budget hearings, as well as the ability of people in this state to safely attend such
hearings. Consequently, strict compliance with the provisions of statutes and rules
governing these hearings may prevent, hinder, or delay necessary action in coping with
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the emergency presented by Hurricane Dorian and jeopardize the safety of people
affected by the storm.
THEREFORE, the Department, in the interest of public safety, hereby waives
the timing compliance requirements of the following statutes and rules to the extent
necessary to meet the emergency declared in EO 19-190, and provides additional specific
requirements with respect to local taxing authorities holding their millage and budget
hearings to ensure consistent adequate notice is provided to taxpayers. The waiver of
timing requirements and additional notice conditions set forth herein shall equally apply
to non-ad valorem assessments. Consistent with EO 19-190, these waivers and additional
requirements are applicable in all 67 counties. The waivers set forth herein shall expire
twenty-one (21) calendar days from the date of execution of EO 19-1901, unless
otherwise extended by the Department.
A. The timing compliance requirements set forth in sections 197.3632(4)(a),
197.3632(4)(b), 197.3632(5)(a), 200.065(2)(c), 200.065(2)(d), 200.065(2)(f) and
200.065(4), Florida Statutes, and Rule 12D-17.003, Florida Administrative Code, as well
as any additional ad valorem or non-ad valorem assessment requirements of law that
cannot be timely carried out due to the emergency conditions are hereby suspended for
twenty-one (21) calendar days from the issuance of EO 19-190, unless otherwise
extended by the Department. In lieu of an additional mail notice requirement, any taxing
authority, local government, or local governing board that has cancelled a scheduled
hearing before the issuance of this Order due to Hurricane Dorian, or has cancelled a
scheduled hearing after the issuance of this Order due to the emergency conditions
1 EO 19-190 was executed by Governor DeSantis on August 29,2019.Twenty-one(21)calendar days from
the date of execution of EO 19-190 is Thursday,September 19,2019.
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outlined above, shall reschedule and advertise the hearings with appropriate notice. The
notice shall be published not less than 2 days and not more than 5 days before the public
hearing on the tentative budget and proposed millage rate. The same notice publication
time frames shall be used before the public hearing to finally adopt the budget and
millage rate. This notice publication requirement shall equally apply to hearings required
by any law for the adoption of non-ad valorem assessment rolls. These notices shall be
published in a newspaper of general paid circulation within the county. A prominent
notice showing the date, time and place of the new hearing and measuring not less than 8
x 11 inches shall also be posted at the entrance to the place of the original hearing until
the new hearing has commenced. The hearing shall be scheduled within twenty-one (21)
calendar days from the issuance of EO 19-190, unless otherwise extended by the
Department.
B. The prohibition in section 200.065(2)(e)2., Florida Statutes, upon the County
Commission and School District in an affected county scheduling hearings on the same
day is hereby suspended for twenty-one (21) calendar days from the issuance of EO 19-
190, unless otherwise extended by the Department. If hearings on the same day are
unavoidable, the County Commission and School District shall conduct their hearings at
different times, and the other taxing authorities shall schedule their hearings so as not to
conflict with those of the County Commission and School District. To the extent
practicable, all taxing authorities shall schedule the hearings at a time and place that will
ensure public access. Where a municipality or taxing authority subject to the provisions
of section 200.065, Florida Statutes, has already scheduled its tentative or final hearing
on the millage and budget, it will not be required to change that hearing date if the
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County or School Board moves its hearing to a date that is in conflict with the previously
scheduled taxing authority's hearing.
DONE AND ORDERED this 3rd day of September, 2019, in Tallahassee,
Florida.
STATE OF FLORIDA
DEPARMENT OF REVENUE
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XECU E DI' ECTO•
CERTIFICATE OF FILING
I HEREBY CERTIFY that the foregoing Order has been filed in the official records of
the Department of Revenue, this 3rd day of September, 2019.
jud 10,4,4„. aidgaitij,
Sarah Wachman Chisenhall,Agency Clerk
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Attachment 3
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 19-189
(Emergency Management—Hurricane Dorian)
WHEREAS, as of 2:00 p.m. on Wednesday, August 28, 2019, the National Hurricane
Center reported that Tropical Storm Dorian has strengthened into a Category 1 Hurricane as it
approached Puerto Rico and the Virgin Islands;
WHEREAS, the National Hurricane Center reported Hurricane Dorian has maximum
sustained winds of 75 miles per hour; and
WHEREAS, the National Hurricane Center predicts Hurricane Dorian will continue to
strengthen as it moves over the Atlantic waters and will be a Major Hurricane prior to potential
landfall; and
WHEREAS, the National Hurricane Center forecasts a potential landfall on Florida's
peninsula on Sunday or Monday; and
WHEREAS,there is an increasing risk of dangerous storm surge,rainfall,flooding, strong
winds, hazardous seas, and the potential for isolated tornadic activity for portions of Florida's
Atlantic Coast; and
WHEREAS, the threat posed by Hurricane Dorian 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; and,
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, I declare that a state of emergency exists
in the following counties: Baker, Bradford, Brevard, Broward, Clay, Duval, Flagler, Glades,
Hendry, Highlands, Indian River, Lake, Martin, Miami-Dade, Monroe, Nassau, Okeechobee,
Orange, Osceola, Palm Beach, Putnam, Seminole, St. Johns, St. Lucie, Volusia, and Union.
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(5)-(10), 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 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 best to meet this emergency.
B. Seek direct assistance and enter into agreements with any and all agencies of
the United States Government as may be needed to meet the 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
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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.
D. Direct the actions of any state agency as necessary to implement the Federal
Emergency Management Agency's National Disaster Recovery Framework.
E. Designate additional Deputy State Coordinating Officers, 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.
G. 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; however,no such order shall remain in effect
beyond the expiration of this Executive Order, to include any extension.
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 the emergency may
require them to suspend the application of the statutes, rules, ordinances, and orders they
administer. Therefore, I issue the following authorizations:
A. Pursuant to section 252.36(5)(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
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Executive Office of the Governor; however, no such suspension shall remain in effect beyond the
expiration of this Executive Order, to include any extension.
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.
For the purposes of this Executive Order, "necessary action in coping with the emergency"means
any emergency mitigation,response,or recovery action: (1)prescribed in the State Comprehensive
Emergency Management Plan ("CEMP"); (2) directed by the Executive Office of the Governor;
or (3) ordered by the State Coordinating Officer or Deputy State Coordinating Officer(s). The
requirements of sections 252.46 and 120.54(4), Florida Statutes, shall not apply to any such
suspension issued by a State agency; however, no such suspension shall remain in effect beyond
the expiration of this Executive Order, to include any extensions of this Order.
C. In accordance with section 252.38, 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) Entering into contracts; however, political subdivisions are cautioned
against entering into time and materials contracts without ceiling as defined by 2 CFR 200.318(j)
or cost plus percentage contracts as defined by 2 CFR 200.323(d);
3) Incurring obligations;
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4) Employment of permanent and temporary workers;
5) Utilization of volunteer workers;
6) Rental of equipment;
7) Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities; and,
8) Appropriation and expenditure of public funds.
D. All agencies whose employees are certified by the American Red Cross as
disaster service volunteers within the meaning of Section 110.120(3), Florida Statutes,may release
any such employees for such service as requested by the Red Cross 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) Reverse 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 sections
316.545(4) and 320.0715, 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;
4) Waive the hours of service requirements for such vehicles;
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5) 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,
6) 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, orders 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
316.545(4) and 320.0715, 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 and charges 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 or charges 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 driver
license reinstatements, the late renewal or application for the above licenses, certificates, and
documents, which were delayed or otherwise impacted due to the effects of adverse weather
conditions, including in counties wherein mail services were interrupted, 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 order. The DHSMV shall promptly notify the State
Coordinating Officer when the waiver is no longer necessary.
G. In accordance with section 465.0275, 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 and local agency but who do not reside in an area or county
covered by this Executive Order.
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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 to meet this emergency. I direct each State agency to report the closure of any State building
or facility to the Secretary of the Department of Management Services. 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 therein to
the Secretary of the Department of Management Services. Furthermore, I direct the Secretary of
the Department of Management Services to:
1) Maintain an accurate and up-to-date Iist of all such closures; and,
2) Provide that list daily to the State Coordinating Officer.
I. All State 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 application are deemed to be approved unless disapproved
in writing by specified deadlines, and all such time requirements that have not yet expired as of
the date of this Executive Order are suspended and tolled to the extent needed to meet this
emergency.
J. All State Agencies shall implement its Select 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;
2) All agency personnel who are assigned to the State Emergency Operations
Center and are required to work extraordinary hours;
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3) All agency personnel who are deployed throughout the state,as part of their
employment, in response to an emergency condition and are required to
work extraordinary hours.
K. All State agencies may waive the forty day time limit to issue a warrant pursuant
to section 215.422(3)(b), Florida Statutes. This waiver applies to invoices and reimbursement
requests that were received, inspected, and approved by the agency within forty days of the
issuance of this Executive Order. This waiver applies to all invoices and reimbursements arising
from the state of emergency. This waiver of section 215.422 (3)(b), Florida Statutes, and all
waivers based upon this waiver shall expire sixty days following the issuance of this Executive
Order, without extension.
L. Section 934.50, Florida Statutes, is 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; assisting in search, rescue, and recovery activities; and preventing 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
governments 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
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,
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B. Provide that list daily to the State Coordinating Officer.
Section 6. 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
appropriated for other purposes, moneys from unappropriated surplus funds, or from the Budget
Stabilization Fund.
Section 7. All State agencies entering emergency final orders or other final actions in
response to this emergency shall advise the State Coordinating Officer contemporaneously or as
soon as practicable.
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
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 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(5)(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
10
"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,
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 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 under this
state of emergency shall expire six months from the expiration of this Order, to include any
extensions of this Order.
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. This
Executive Order shall expire sixty days from this date unless extended.
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 28th day
of August, 21 •
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GOVERNOR RON DESANTIS
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Attachment 4
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 19-190
(Emergency Management—Amendment of Executive Order 19-189—Hurricane Dorian)
WHEREAS, on Wednesday,August 28, 2019, I issued Executive Order 19-189 declaring
a state of emergency in 26 counties as a result of the severe threat posed by Hurricane Dorian; and
WHEREAS, as of 11:00 a.m. on Thursday, August 29, 2019, the National Hurricane
Center reported Hurricane Dorian has strengthened in intensity, with maximum sustained winds
of 85 mph, and is forecast to be a major hurricane as it travels over Atlantic waters; and
WHEREAS, the National Hurricane Center forecasts a potential landfall on Florida on
Sunday or Monday with impacts possibly covering the entire peninsula and portions of the
Northwest Florida; and
WHEREAS,there is an increasing risk of dangerous storm surge,rainfall, flooding,strong
winds, hazardous seas, and the potential for isolated tornadic activity throughout Florida, now
including the Gulf Coast and Northwest Florida counties; and
WHEREAS, the threat posed by Hurricane Dorian requires that timely precautions are
taken to protect the communities, critical infrastructure, and general welfare of Florida.
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. The state of emergency declared in Executive Order 19-189 is amended to
include all 67 counties.
1
Section 2. Pursuant to section 161.111, Florida Statutes, I declare a shore erosion
emergency in all coastal counties covered by Executive Order 19-189, as amended by this
Executive Order. I authorize the Department of Environmental Protection to expend available
funds, during this state of emergency, to respond to and alleviate coastal erosion caused by
Hurricane Dorian.
Section 3. 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, he is
directed to continue to execute the State's Comprehensive Emergency Management Plan and other
response, recovery and mitigation plans necessary to cope with this emergency.
Section 4. Except as amended herein, Executive Order 19-189 is ratified and reaffirmed.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of
(4. Florida to be affixed, at Tallahassee, this 29th day
` ,\ of August, 2019.
GO RNOR RON DESANTIS
ATTEST:
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SE RETARY OF STAT "-
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' E4"°44, City of Cape Canaveral
k'AkCity Council Agenda Form
Special Meeting Date: 9/12/2019
Item No. 2
Subject: Ordinance No. 16-2019; adopting the Annual General Fund, Wastewater Enterprise
Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital
Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2019, and
ending September 30, 2020;providing for an effective date, first reading.
Department: Financial Services
Summary: City Council completed two workshops pertaining to the development of the Budget
for Fiscal Year 2019/2020. The Budget reflects Council direction from those meetings and
revised revenue/spending estimates.
The Budget for the Fiscal Year 2019/2020 totals $32,689,002. This represents a 9.7% decrease
from the Fiscal Year 2018/2019 Budget.
Originally scheduled for September 3, 2019 and cancelled on September 2, 2019—due to the
projected impacts of Hurricane Dorian—first reading has been rescheduled to September 12,
2019. The Department of Revenue waived the timing compliance requirements (Florida
Department of Revenue Emergency Order No. 19-001 [Attachment 2]) to the extent necessary
to meet the emergency declared in Governor Ron DeSantis' Executive Order Numbers 19-189
(Attachment 3) and 19-190 (Attachment 4).
This is the first reading of Ordinance No. 16-2019 attached herewith.
Submitting Department Director: John DeLeo Date: 9/6/19
Attachments:
1-Ordinance No. 16-2019 with Attachment#1 –Fiscal Year 2019-2020 Budget Summary
2-Florida Department of Revenue Emergency Order No. 19-001
3-Governor Ron DeSantis' Executive Order Number 19-189
4-Governor Ron DeSantis' Executive Order Number 19-190
Financial Impact: This is a balanced Budget based upon a 3.7256 Ad Valorem Millage Rate.
Cost of advertisement and Staff time to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 9/6/19
The City Manager recommends that City Council ake the following action:
Approve Ordinance No. 16-2019, first reading.
Approved by City Manager: David L. Greene Date: 9/6/19
Attachment 1
ORDINANCE NO. 16-2019
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREYARD COUNTY,
FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, WASTEWATER
ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, ENTERPRISE
CAPITAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECT FUNDS,
AND AGENCY FUND BUDGETS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,2019,AND ENDING SEPTEMBER 30, 2020; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, originally scheduled for September 3, 2019 and cancelled on September 2, 2019
—due to the projected impacts of Hurricane Dorian—first reading was rescheduled to September 12,
2019. The Department of Revenue waived the timing compliance requirements (Florida Department
of Revenue Emergency Order No. 19-001) to the extent necessary to meet the emergency declared
in Governor Ron DeSantis' Executive Order Numbers 19-189 and 19-190.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Brevard County, Florida, as follows:
SECTION 1. The Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise
Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets
which are attached hereto in Attachment#1 by reference made a part hereof,of the City of Cape Canaveral,
Florida for the Fiscal Year beginning October 1,2019,and ending September 30,2020,are hereby approved
and adopted.
SECTION 2. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of
September 2019.
ATTEST: Bob Hoog, Mayor
Name For Against
Mia Goforth, CMC, Mike Brown
City Clerk
Bob Hoog
Approved as to Form: Wes Morrison
Rocky Randels
Anthony A. Garganese, City Attorney Angela Raymond
First Reading: 9/12/2019
Legal Ad Published:
Second Reading:
Ordinance No. 16-2019
Attachment#1
City of Cape Canaveral
Fiscal Year 2019-2020 Budget Summary
Revenues Expenditures
General Fund: $ 18,654,753 $ 18,654,753
Enterprise Funds:
Wastewater Enterprise Fund 7,198,911 7,198,911
Stormwater Enterprise Fund 1,029,524 1,029,524
Enterprise Capital Fund - -
Capital Project Funds:
Capital Construction Fund - -
North Atlantic Ave. Improvement Fund - -
Special Revenue Funds:
Police Education Fund 1,195 1,195
Aerial Fire Protection Fund 24,540 24,540
School Crossing Guard Fund 2,385 2,385
Library Fund 75,371 75,371
CC Community Redevelopment Agency Fund 5,693,725 5,693,725
Agency Fund:
Law Enforcement Trust Fund 8,598 8,598
Total Fiscal Year 2019/2020 Budget $ 32,689,002 $ 32,689,002
Attachment 2
STAlE OF FLORIDA
DEPARTMENT OF REVENUE
OFFICE OF THE EXECUTIVE DIRECTOR
EMERGENCY ORDER NO. 19-001
EMERGENCY ORDER IMPLEMENTING PROVISIONS OF
EXECUTIVE ORDER NUMBER 19-190 (RE: HURRICANE DORIAN)
(AD VALOREM AND NON-AD VALOREM ASSESSMENTS)
On August 28, 2019, Governor Ron DeSantis issued Executive Order Number 19-
189 (EO 19-189) in response to the National Hurricane Center reporting that Tropical
Storm Dorian had strengthened into a Category 1 Hurricane as it approached Puerto Rico
and declared a state of emergency for 26 counties in Florida including: Baker, Bradford,
Brevard, Broward, Clay, Duval, Flagler, Glades, Hendry, Highlands, Indian River, Lake,
Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach,
Putnam, Seminole, St. Johns, St. Lucie,Volusia, and Union.
On August 29, 2019, Governor DeSantis issued Executive Order Number 19-190
(EO-190) in response to Hurricane Dorian strengthening in intensity and amended EO
19-189 to include all 67 counties in Florida. Additionally, Governor DeSantis requested
that President Donald J. Trump declare a pre-landfall disaster for all 67 counties in
Florida in preparation for the threat posed by Hurricane Dorian.
On August 30, 2019, President Trump approved Governor DeSantis' request to
declare an emergency in the State of Florida due to the threat of dangerous conditions
resulting from Hurricane Dorian.
On September 1, 2019, Hurricane Dorian was upgraded to a Category 5 hurricane
on the Saffir-Simpson Hurricane Wind Scale with maximum sustained winds of 180
1
miles per hour and was located approximately 175 miles east of West Palm Beach,
Florida.
Pursuant to the authority provided in EO 19-190, the Executive Director of the
Florida Department of Revenue(Department) hereby makes the following findings:
1. As of 8 a.m. (EST) on Tuesday, September 3, 2019, Hurricane Dorian is a
Category 3 hurricane with maximum sustained winds of 120 mph. Current forecast
models predict Hurricane Dorian will remain a dangerous Category 3 storm and continue
to move to the north closely along the eastern coastline of Florida. Hurricane Dorian
poses a severe emergency threat to Florida.
2. The severity of the storm is likely to disrupt utilities and other essential
services, as well as impair mobility on roads and highways located within the state.
3. Mandatory evacuations have already been issued for coastal areas of Brevard,
Duval, Flagler, Indian River, Martin, Nassau, Palm Beach, St. Johns, St. Lucie, and
Volusia counties. Additional voluntary evacuations have been issued in Glades, Hendry,
Highlands, Osceola, Okeechobee counties. Mandatory evacuations are likely to be issued
for additional counties as Hurricane Dorian continues to approach Florida. In furtherance
of promoting safety, Governor DeSantis has advised everyone in this state to comply with
mandatory evacuations issued due to Hurricane Dorian.
4. The emergency preparations for, and response to, Hurricane Dorian may
impede taxing authorities' proper performance and duties related to holding of millage
and budget hearings, as well as the ability of people in this state to safely attend such
hearings. Consequently, strict compliance with the provisions of statutes and rules
governing these hearings may prevent, hinder, or delay necessary action in coping with
2
the emergency presented by Hurricane Dorian and jeopardize the safety of people
affected by the storm.
THEREFORE, the Department, in the interest of public safety, hereby waives
the timing compliance requirements of the following statutes and rules to the extent
necessary to meet the emergency declared in EO 19-190, and provides additional specific
requirements with respect to local taxing authorities holding their millage and budget
hearings to ensure consistent adequate notice is provided to taxpayers. The waiver of
timing requirements and additional notice conditions set forth herein shall equally apply
to non-ad valorem assessments. Consistent with EO 19-190, these waivers and additional
requirements are applicable in all 67 counties. The waivers set forth herein shall expire
twenty-one (21) calendar days from the date of execution of EO 19-1901, unless
otherwise extended by the Department.
A. The timing compliance requirements set forth in sections 197.3632(4)(a),
197.3632(4)(b), 197.3632(5)(a), 200.065(2)(c), 200.065(2)(d), 200.065(2)(f) and
200.065(4), Florida Statutes, and Rule 12D-17.003, Florida Administrative Code, as well
as any additional ad valorem or non-ad valorem assessment requirements of law that
cannot be timely carried out due to the emergency conditions are hereby suspended for
twenty-one (21) calendar days from the issuance of EO 19-190, unless otherwise
extended by the Department. In lieu of an additional mail notice requirement, any taxing
authority, local government, or local governing board that has cancelled a scheduled
hearing before the issuance of this Order due to Hurricane Dorian, or has cancelled a
scheduled hearing after the issuance of this Order due to the emergency conditions
1 EO 19-190 was executed by Governor DeSantis on August 29,2019.Twenty-one(21)calendar days from
the date of execution of EO 19-190 is Thursday,September 19,2019.
3
outlined above, shall reschedule and advertise the hearings with appropriate notice. The
notice shall be published not less than 2 days and not more than 5 days before the public
hearing on the tentative budget and proposed millage rate. The same notice publication
time frames shall be used before the public hearing to finally adopt the budget and
millage rate. This notice publication requirement shall equally apply to hearings required
by any law for the adoption of non-ad valorem assessment rolls. These notices shall be
published in a newspaper of general paid circulation within the county. A prominent
notice showing the date, time and place of the new hearing and measuring not less than 8
x 11 inches shall also be posted at the entrance to the place of the original hearing until
the new hearing has commenced. The hearing shall be scheduled within twenty-one (21)
calendar days from the issuance of EO 19-190, unless otherwise extended by the
Department.
B. The prohibition in section 200.065(2)(e)2., Florida Statutes, upon the County
Commission and School District in an affected county scheduling hearings on the same
day is hereby suspended for twenty-one (21) calendar days from the issuance of EO 19-
190, unless otherwise extended by the Department. If hearings on the same day are
unavoidable, the County Commission and School District shall conduct their hearings at
different times, and the other taxing authorities shall schedule their hearings so as not to
conflict with those of the County Commission and School District. To the extent
practicable, all taxing authorities shall schedule the hearings at a time and place that will
ensure public access. Where a municipality or taxing authority subject to the provisions
of section 200.065, Florida Statutes, has already scheduled its tentative or final hearing
on the millage and budget, it will not be required to change that hearing date if the
4
County or School Board moves its hearing to a date that is in conflict with the previously
scheduled taxing authority's hearing.
DONE AND ORDERED this 3rd day of September, 2019, in Tallahassee,
Florida.
STATE OF FLORIDA
DEPARMENT OF REVENUE
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M ZI GA •
XECU E DI' ECTO•
CERTIFICATE OF FILING
I HEREBY CERTIFY that the foregoing Order has been filed in the official records of
the Department of Revenue, this 3rd day of September, 2019.
jud 10,4,4„. aidgaitij,
Sarah Wachman Chisenhall,Agency Clerk
5
Attachment 3
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 19-189
(Emergency Management—Hurricane Dorian)
WHEREAS, as of 2:00 p.m. on Wednesday, August 28, 2019, the National Hurricane
Center reported that Tropical Storm Dorian has strengthened into a Category 1 Hurricane as it
approached Puerto Rico and the Virgin Islands;
WHEREAS, the National Hurricane Center reported Hurricane Dorian has maximum
sustained winds of 75 miles per hour; and
WHEREAS, the National Hurricane Center predicts Hurricane Dorian will continue to
strengthen as it moves over the Atlantic waters and will be a Major Hurricane prior to potential
landfall; and
WHEREAS, the National Hurricane Center forecasts a potential landfall on Florida's
peninsula on Sunday or Monday; and
WHEREAS,there is an increasing risk of dangerous storm surge,rainfall,flooding, strong
winds, hazardous seas, and the potential for isolated tornadic activity for portions of Florida's
Atlantic Coast; and
WHEREAS, the threat posed by Hurricane Dorian 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; and,
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, I declare that a state of emergency exists
in the following counties: Baker, Bradford, Brevard, Broward, Clay, Duval, Flagler, Glades,
Hendry, Highlands, Indian River, Lake, Martin, Miami-Dade, Monroe, Nassau, Okeechobee,
Orange, Osceola, Palm Beach, Putnam, Seminole, St. Johns, St. Lucie, Volusia, and Union.
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(5)-(10), 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 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 best to meet this emergency.
B. Seek direct assistance and enter into agreements with any and all agencies of
the United States Government as may be needed to meet the 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
2
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.
D. Direct the actions of any state agency as necessary to implement the Federal
Emergency Management Agency's National Disaster Recovery Framework.
E. Designate additional Deputy State Coordinating Officers, 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.
G. 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; however,no such order shall remain in effect
beyond the expiration of this Executive Order, to include any extension.
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 the emergency may
require them to suspend the application of the statutes, rules, ordinances, and orders they
administer. Therefore, I issue the following authorizations:
A. Pursuant to section 252.36(5)(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
3
Executive Office of the Governor; however, no such suspension shall remain in effect beyond the
expiration of this Executive Order, to include any extension.
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.
For the purposes of this Executive Order, "necessary action in coping with the emergency"means
any emergency mitigation,response,or recovery action: (1)prescribed in the State Comprehensive
Emergency Management Plan ("CEMP"); (2) directed by the Executive Office of the Governor;
or (3) ordered by the State Coordinating Officer or Deputy State Coordinating Officer(s). The
requirements of sections 252.46 and 120.54(4), Florida Statutes, shall not apply to any such
suspension issued by a State agency; however, no such suspension shall remain in effect beyond
the expiration of this Executive Order, to include any extensions of this Order.
C. In accordance with section 252.38, 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) Entering into contracts; however, political subdivisions are cautioned
against entering into time and materials contracts without ceiling as defined by 2 CFR 200.318(j)
or cost plus percentage contracts as defined by 2 CFR 200.323(d);
3) Incurring obligations;
4
4) Employment of permanent and temporary workers;
5) Utilization of volunteer workers;
6) Rental of equipment;
7) Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities; and,
8) Appropriation and expenditure of public funds.
D. All agencies whose employees are certified by the American Red Cross as
disaster service volunteers within the meaning of Section 110.120(3), Florida Statutes,may release
any such employees for such service as requested by the Red Cross 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) Reverse 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 sections
316.545(4) and 320.0715, 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;
4) Waive the hours of service requirements for such vehicles;
5
5) 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,
6) 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, orders 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
316.545(4) and 320.0715, 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
6
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 and charges 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 or charges 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 driver
license reinstatements, the late renewal or application for the above licenses, certificates, and
documents, which were delayed or otherwise impacted due to the effects of adverse weather
conditions, including in counties wherein mail services were interrupted, 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 order. The DHSMV shall promptly notify the State
Coordinating Officer when the waiver is no longer necessary.
G. In accordance with section 465.0275, 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 and local agency but who do not reside in an area or county
covered by this Executive Order.
7
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 to meet this emergency. I direct each State agency to report the closure of any State building
or facility to the Secretary of the Department of Management Services. 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 therein to
the Secretary of the Department of Management Services. Furthermore, I direct the Secretary of
the Department of Management Services to:
1) Maintain an accurate and up-to-date Iist of all such closures; and,
2) Provide that list daily to the State Coordinating Officer.
I. All State 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 application are deemed to be approved unless disapproved
in writing by specified deadlines, and all such time requirements that have not yet expired as of
the date of this Executive Order are suspended and tolled to the extent needed to meet this
emergency.
J. All State Agencies shall implement its Select 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;
2) All agency personnel who are assigned to the State Emergency Operations
Center and are required to work extraordinary hours;
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3) All agency personnel who are deployed throughout the state,as part of their
employment, in response to an emergency condition and are required to
work extraordinary hours.
K. All State agencies may waive the forty day time limit to issue a warrant pursuant
to section 215.422(3)(b), Florida Statutes. This waiver applies to invoices and reimbursement
requests that were received, inspected, and approved by the agency within forty days of the
issuance of this Executive Order. This waiver applies to all invoices and reimbursements arising
from the state of emergency. This waiver of section 215.422 (3)(b), Florida Statutes, and all
waivers based upon this waiver shall expire sixty days following the issuance of this Executive
Order, without extension.
L. Section 934.50, Florida Statutes, is 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; assisting in search, rescue, and recovery activities; and preventing 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
governments 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
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,
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B. Provide that list daily to the State Coordinating Officer.
Section 6. 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
appropriated for other purposes, moneys from unappropriated surplus funds, or from the Budget
Stabilization Fund.
Section 7. All State agencies entering emergency final orders or other final actions in
response to this emergency shall advise the State Coordinating Officer contemporaneously or as
soon as practicable.
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
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 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(5)(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
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"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,
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 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 under this
state of emergency shall expire six months from the expiration of this Order, to include any
extensions of this Order.
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. This
Executive Order shall expire sixty days from this date unless extended.
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 28th day
of August, 21 •
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GOVERNOR RON DESANTIS
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Attachment 4
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 19-190
(Emergency Management—Amendment of Executive Order 19-189—Hurricane Dorian)
WHEREAS, on Wednesday,August 28, 2019, I issued Executive Order 19-189 declaring
a state of emergency in 26 counties as a result of the severe threat posed by Hurricane Dorian; and
WHEREAS, as of 11:00 a.m. on Thursday, August 29, 2019, the National Hurricane
Center reported Hurricane Dorian has strengthened in intensity, with maximum sustained winds
of 85 mph, and is forecast to be a major hurricane as it travels over Atlantic waters; and
WHEREAS, the National Hurricane Center forecasts a potential landfall on Florida on
Sunday or Monday with impacts possibly covering the entire peninsula and portions of the
Northwest Florida; and
WHEREAS,there is an increasing risk of dangerous storm surge,rainfall, flooding,strong
winds, hazardous seas, and the potential for isolated tornadic activity throughout Florida, now
including the Gulf Coast and Northwest Florida counties; and
WHEREAS, the threat posed by Hurricane Dorian requires that timely precautions are
taken to protect the communities, critical infrastructure, and general welfare of Florida.
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. The state of emergency declared in Executive Order 19-189 is amended to
include all 67 counties.
1
Section 2. Pursuant to section 161.111, Florida Statutes, I declare a shore erosion
emergency in all coastal counties covered by Executive Order 19-189, as amended by this
Executive Order. I authorize the Department of Environmental Protection to expend available
funds, during this state of emergency, to respond to and alleviate coastal erosion caused by
Hurricane Dorian.
Section 3. 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, he is
directed to continue to execute the State's Comprehensive Emergency Management Plan and other
response, recovery and mitigation plans necessary to cope with this emergency.
Section 4. Except as amended herein, Executive Order 19-189 is ratified and reaffirmed.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of
(4. Florida to be affixed, at Tallahassee, this 29th day
` ,\ of August, 2019.
GO RNOR RON DESANTIS
ATTEST:
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