Dry weather, recent fires extensive damage and I-95 closing prompt actions.

WHEREAS, the State of Florida has continued to experience extreme dry weather con­ditions because precipitation statewide has been much lower than normal; and

WHEREAS, as of the date of this Executive Order, wildfires have broken out in Brevard, Volusia, Hillsborough, and Lee County, closing portions of Interstate 95, burning residences and threatening more homes and businesses, requiring residents to evacuate; and

WHEREAS, in addition to the ongoing wildfires, dry weather conditions are fore­cast for the foreseeable future, increasing the danger of additional wild­fires through­out the State and threatening lives and property statewide; and

WHEREAS, according to the National Weather Bureau, the dry weather conditions that cause the danger of wildfires cover the entire State, and are likely to become worse over the next ninety (90) days; and

WHEREAS, the fact that these conditions cover the entire State creates the added danger that multiple fires may start at the same time in different parts of the State, taxing the capability of the Division of Forestry and local firefighting agencies to cope with them;

NOW, THEREFORE, I, JEB BUSH, 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, do here­by promulgate the following Executive Order, to take immediate effect:

Section 1. Because of the foregoing conditions, I hereby declare that the ongoing danger of wildfires continues to threaten the State of Florida with a major disaster, and that, as a consequence of this danger, a state of emergency exists in the State of Florida. I further find that to protect lives and proper­ty throughout the State it is necessary to give those agencies with operational responsibilities in fighting the wild­fires the additional author­ity to cope with this danger, as well as additional firefighting resources.

Section 2. I hereby designate the Director of the Division of Emergency Management as the State Coordinating Officer and delegate to the Division of Emergency Management the overall author­ity to coordinate the assignment of firefighting support missions requested by the Division of Forestry. I hereby place all aviation and other firefighting resources under the operational authority of the Division of Forestry while this Executive Order remains in effect.

Section 3. In accordance with Sections 252.36(1)(a) and 252.36(8), Florida Stat­utes (2005), I hereby delegate to the State Coordinating Officer the following powers, which he shall exercise as needed to meet this emergency:

A. The authority to activate the Comprehensive Emergency Management Plan;

B. The authority to invoke and administer the Statewide Mutual Aid Agreement, and the further authority to coordinate the allocation of resources under that Agreement so as best to meet this emergency;

C. The authority to invoke and administer the Emergency Management Assistance Compact (?EMAC?) and the 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 the State of Florida under such compacts and agreements so as best to meet this emergency;



D. The authority to seek direct assistance from any and all agencies of the United States Government as may be needed to meet this emergency;

E. The authority to stockpile and distribute any and all supplies to meet this emergency;

F. The authority to suspend the effect of any statute or rule governing the conduct of state business, and the further authority to suspend the effect of any order or rule of any governmental entity, to include, with­out limiting the generality of the foregoing, any and all statutes and rules which affect budgeting, printing, purchasing, leasing, procurement, and the con­ditions of employ­ment and the compensation of employees; provided, however, that the State Coordinating Officer shall have authority to suspend the effect of any statute, rule or order only to the extent necessary to ensure the timely performance of vital emergency wildfire response functions;

G. The authority to relieve any and all state agencies responsible for processing appli­cations or petitions for any order, rule, or other final action subject to the Administrative Pro­cedure Act, as amended, from the deadlines specified in that Act and in other applicable laws for the duration of this emer­gency, if the State Coordinating Officer finds that such deadlines cannot be met because of this emergency;

H. The authority to direct all state, regional and local governmental agencies, including law enforcement agencies, to identify personnel needed from those agencies to assist in meeting the needs created by this emergency, and to place all such personnel under the direct command of the State Coordinating Officer to meet this emergency;

I. The authority to seize and utilize any and all real or personal property as needed to meet this emergency, subject always to the duty of the State to compensate the owner;

J. The authority to order the evacuation of persons from their homes and workplace, the authority to direct the sequence in which such evacuations shall be carried out, and the further authority to regulate the movement of persons and traffic to, from, or within the affected counties to the extent needed to cope with this emergency;

K. The authority to regulate the return of the evacuees to their home communities; and

L. The authority to designate such Deputy State Coordinating Officers as the State Co­ordinating Officer may deem necessary to cope with the emergency.

Section 4. I hereby order the Adjutant General to activate the Florida National Guard for the duration of this emergency, and to activate such aviation resources of the National Guard as the Divis­ion of Forestry may designate for firefighting activities, and to maintain these resources in a state of immediate operational readiness. I hereby order the National Guard to coordinate the use of its aviation resources with the Division of Forestry in performing firefighting support missions while this Executive Order remains in effect. Section 5. I hereby delegate to the Division of Forestry the operational authority to coordinate and direct such aviation resources of any and all state, regional and local governmental agencies, including law enforcement agencies, as the Division may desig­nate for firefighting activities, and I hereby place all such aviation resources under the opera­tional authority of the Di­vision of Forestry while this Executive Order re­mains in effect. Section 6. The National Guard, all other state agencies, and all regional and local agencies that propose to operate aircraft in the vicinity of ongoing wildfires will contact the local District Office of the Division of Forestry to receive the current Aviation Com­munications Plan or the current State Aviation Plan, as applicable. All such aircraft will adhere to the applicable Plan to ensure that the specified frequencies are monitored, and will follow all instructions of the Division of Forestry aircraft at the scene.

Section 7. I hereby order all state, regional and local governmental agencies to place any and all available resources under the direction of the State Coordinating Officer to support the Division of Forestry and other firefighting agencies in controlling the wild­fires.