Declaration of a State of Local Emergency:
WHEREAS, the weather system presently identified as Hurricane Dorian by the National Hurricane Center poses a serious threat to the residents and property of Pinellas County; and
WHEREAS, the current forecast error of the National Hurricane Center does not allow for a precise track of Hurricane Dorian to determine the threat level from wind damage or rain or the related protective measures required; and
WHEREAS, Hurricane Dorian has the potential for causing substantial damage to public utilities, public buildings, public communication systems, public streets and roads, public drainage systems, commercial and residential buildings and areas; and
WHEREAS, the Governor of the State of Florida has promulgated Executive Orders No. 19-189 and 19-190, wherein he found that a state of emergency exists within the State of Florida; and
WHEREAS, Section 252.38(3)(a)5, Florida Statutes, provides authority for a political subdivision such as Pinellas County to declare a state of local emergency and to waive the procedures and formalities otherwise required of political subdivisions by law pertaining to:
- Performance of public work and taking whatever prudent action 1s
necessary to ensure the health, safety and welfare of the community.
- Entering into contracts.
- Incurring obligations.
- Employment of permanent and temporary workers.
- Utilization of volunteer workers.
- Rental of equipment.
- Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities.
- Appropriation and expenditures of public funds; and
WHEREAS, Section 2.04(k) of the Pinellas County Charter grants to the County all special and necessary power to provide for the development and implementation of civil preparedness programs; and
WHEREAS, Chapter 34 of the Pinellas County Code sets forth provisions to ensure the readiness of Pinellas County, provide for the protection of the public health, safety, and welfare, and preserve the lives and property of the people of Pinellas County in the face of a natural or manmade disaster.
NOW, THEREFORE, BE IT RESOLVED AND DECLARED by the Board of
County Commissioners of Pinellas County, Florida, this 31st day of August 2019:
- That in light of the serious threat to the lives and property of Pinellas County residents posed by Hurricane Dorian, the Board of County Commissioners hereby
exercises its authority and waives the procedures and formalities required by law of a
political subdivision, as provided in Section 252.38(3)(a)5, Florida Statutes, by declaring
a state of local emergency; and
- That this declaration of a state of local emergency is made in accord with
the provisions set forth in Chapter 34, Pinellas County Code, and the civil preparedness
program provided for in Section 2.04(k), Pinellas County Charter. The outdated provision
of Pinellas County Code 34-28 requiring posting of notices on the physical premises of
operations is hereby waived; and
- That the state of local emergency shall exist as a.m./p.m. on
this 31st day of August 2019, for all territory within the legal boundaries of Pinellas County. All unincorporated and incorporated areas shall be embraced by the provisions of this
- That all provisions of the Comprehensive Emergency Management Plan
(CEMP) relating to this type of event shall be implemented; and
- That during the state of local emergency, the Sheriff is designated as the
Chief Law Enforcement Officer for Pinellas County in accord with Section 34-29 of the
Pinellas County Code; and
- That, in accordance with Section 252.38(2), Florida Statutes, actions of the
several municipalities within Pinellas County must be coordinated with County Emergency
Management and not conflict with any order of the Official Authority; and
- That the Official Authority, as designated pursuant to Pinellas County Code
Section 34-27, is authorized to issue any necessary order; and
- That residents of Pinellas County are urged to pay close attention to the
news media for information for news regarding public safety and orders of evacuation
should evacuation become necessary; and
- That the County Administrator or his successor, as identified pursuant to
Pinellas County Code Section 34-27 and as currently reflected on Exhibit A attached hereto
and incorporated by reference herein, is empowered to order mandatory evacuations as
evolving conditions may require pursuant to the Board adopted Comprehensive Emergency
Management Plan (CEMP). Any such evacuation shall remain in force until ended by
further order. Any unauthorized person located in, or attempting to enter, an evacuation
area after the stated completion time for an evacuation ordered issued as contemplated
herein shall be in violation of F.S. §252.50, and subject to the penalties therein; and
- That the County Administrator or his successor, as currently reflected on
Exhibit A will monitor disaster-related debris and, that even though debris removal from
private rights-of-way remains the responsibility of the property owner, in the event of
widespread debris, the County Administrator or his successor is empowered to take
necessary action to remove disaster-debris which: (a) presents an immediate threat to
public health, safety, or life; or (b) poses an immediate threat of significant damage to
improved public or private property; or ( c) the removal of which is necessary to ensure
economic recovery of the affected community to the benefit of the community at large,
including but not limited to the restoration of bus and school bus services, scheduled trash
collection, and postal and other delivery services; and
- That the Board of County Commissioners hereby delegates authority to the
County Administrator for the duration of this emergency declaration to appropriate funds
from reserves as necessary to support emergency operations and response in a timely
manner, and further, to suspend budgetary controls to the extent necessary to accomplish
this purpose. The aforementioned authority is subject to after-the-fact ratification of the
Commissioner Welch offered the foregoing Resolution and moved its adoption, which was seconded by Commissioner Eggers, and upon roll call, the vote at 9:12 a.m. was:
- AYES: Gerard, Eggers, Justice, Long, and Welch
- NAYS: None
- ABSENT AND NOT VOTING: Seel and Peters
Or, in the absence of a quorum of the Board of County Commissioners, and in accordance with Pinellas County Code Section 34-27:
Ordered this 31st day of August 2019, at 9:12 a.m.
Resolution was Approved as to Form by Jewel White, County Attorney for the Pinellas County Office of County Attorney.
View a copy of the signed resolution (non-ADA compliant) . This copy also includes the Pinellas County Code Section 34-27 as Exhibit A.