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Sept. 7th Executive Order:
http://sun6.dms.state.fl.us/eog_new/eog/orders/2001/september/eo2001-261-09-07-01.html
EXECUTIVE ORDER NUMBER
01-261
WHEREAS, the Florida
National Guard has the statutory responsibility to provide support
to law-enforcement personnel and emergency-management personnel in
the event of civil disturbances or natural disasters; and
WHEREAS, the Florida National Guard has the responsibility to
provide training support to law-enforcement personnel and
community-based organizations relating to counter drug operations;
and
WHEREAS, the Florida National Guard must train to meet such
responsibilities; and
WHEREAS, the Florida National Guard is funded for any such
training by budgetary appropriation or grants before any such
training; and
WHEREAS, the Florida National Guard must conduct such
training in active service of the state, as defined by Section
250.27, Florida Statutes (also known as active military service and
state active duty) for members of the Florida National Guard to be
covered by Section 250.34, Florida Statutes; and
WHEREAS, as Governor, I may delegate the authority contained
in Section 250.06(4), Florida Statutes, to order training to help
respond to civil disturbances, natural disasters, and counter drug
operations to The Adjutant General of the State of Florida; and
WHEREAS, it is in the best interest of the State of Florida
that I delegate such authority, so that the Florida National Guard
is adequately trained to meet its obligation to help respond to
civil disturbances, natural disasters, and counter drug operations
and so that members of the Florida National Guard performing such
training are covered by Section 250.34, Florida Statutes; and
WHEREAS, the Governor may order the Florida National Guard to
provide extraordinary support to law enforcement upon request and
such a request has been received from the Florida Department of Law
Enforcement (FDLE) to assist FDLE in performing port security
training and inspections.
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 Section 250.06(4), Florida Statutes, and all
other applicable laws, do hereby promulgate the following Executive
Order, to take immediate effect:
Section
1.
Based
upon the foregoing, I hereby find that the public welfare requires
that the Florida National Guard train to support law-enforcement
personnel and emergency-management personnel in the event of civil
disturbances or natural disasters and to provide training support to
law-enforcement personnel and community-based organizations relating
to counter drug operations.
Section
2.
I
hereby delegate to The Adjutant General of the State of Florida all
necessary authority, within approved budgetary appropriations or
grants, to order members of the Florida National Guard into active
service, as defined by Section 250.27, Florida Statutes, for the
purpose of training to support law-enforcement personnel and
emergency-management personnel in the event of civil disturbances or
natural disasters and to provide training support to law-enforcement
personnel and community-based organizations relating to counter drug
operations.
Section
3.
The
Florida National Guard may order selected members on to state active
duty for service to the State of Florida pursuant to Section
250.06(4), Florida Statutes, to assist FDLE in performing port
security training and inspections. Based on the potential massive
damage to life and property that may result from an act of terrorism
at a Florida port, the necessity to protect life and property from
such acts of terrorism, and inhibiting the smuggling of illegal
drugs into the State of Florida, the use of the Florida National
Guard to support FDLE in accomplishing port security training and
inspections is "extraordinary support to law enforcement" as used in
Section 250.06(4), Florida Statutes.
Section
4.
The
Adjutant General shall not place members of the Florida National
Guard into active service for longer than necessary to accomplish
the purposes declared herein.
Section
5.
This
Executive Order supersedes Executive Order Number 01-17. Executive
Order Number 01-17 is hereby revoked.
Section
6.
This
Executive Order shall remain in full force and effect until the
earlier of its revocation or June 30, 2003.
IN
TESTIMONY WHEREOF, I have hereunto set my hand and have caused the
Great Seal of the State of Florida to be affixed at Tallahassee, the
Capitol, this 7th day of September 2001
And
here's the Sept. 11th one:
http://sun6.dms.state.fl.us/eog_new/eog/orders/2001/september/eo2001-262-09-11-01.html
EXECUTIVE ORDER NUMBER
01-262
(Emergency Management)
WHEREAS, on September 11, 2001 a combination of persons
unknown carried out a series of terrorist acts resulting in the
destruction of the World Trade Center in New York City and an
explosion at the Pentagon, costing the lives of many persons and
resulting in injuries to many more; and
WHEREAS, the scale of the destruction and the coordination,
orchestration, and timing evident in these acts of terrorism suggest
that they may be part of a larger pattern of acts of terrorism; and
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 a state of
emergency exists in the State of Florida. I further find that the
precautions needed to protect the State from a recurrence of such
terrorist acts require a coordination of efforts by a number of
agencies, and that central authority over these activities will be
needed to ensure such coordination.
Section
2.
I
hereby delegate to the Department of Law Enforcement the operational
authority to coordinate and direct the law enforcement resources and
other resources of any and all state, regional and local
governmental agencies that the Department may designate to take the
precautions needed to protect the State of Florida from terrorist
acts. I hereby place all law enforcement resources under the
operational authority of the Department of Law Enforcement while
this Executive Order remains in effect, and I hereby designate the
Commissioner of the Department of Law Enforcement as Incident
Commander for this emergency.
Section
3.
I
hereby designate the Interim Director of the Division of Emergency
Management as the State Coordinating Officer for the duration of
this emergency, and as my Authorized Representative. In exercising
the powers delegated by this Executive Order, the State Coordinating
Officer shall lend all available operational support to the
Commissioner of the Department of Law Enforcement, and shall confer
with the Governor to the fullest extent practicable. In accordance
with Sections 252.36(1)(a) and 252.36(5), Florida Statutes, I hereby
delegate to the State Coordinating Officer the following powers,
which he shall exercise as needed to meet this emergency:
The
authority to activate the Comprehensive Emergency Management Plan;
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;
The authority to invoke and administer the Emergency Management
Assistance Compact 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 the State of Florida under such
Compacts and Agreements so as best to meet this emergency;
The
authority to distribute any and all supplies stockpiled to meet the
emergency;
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 response functions;
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;
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;
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;
The authority to order the
evacuation of any or all persons from any location in the State of
Florida, and the authority to regulate the movement of any or all
persons to or from any location in the State;
The authority to
regulate the return of the evacuees to their home communities; and
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 I hereby place the
National Guard under the direction of the State Coordinating Officer
for the duration of this emergency.
Section
5.
In
accordance with Sections 252.36(5)(a) and 252.46(2), Florida
Statutes, all statutes, rules and orders are hereby suspended for
the duration of this emergency to the extent that literal compliance
with such statutes, rules, and orders may be inconsistent with the
timely performance of emergency response functions.
Section
6.
I
hereby give all agencies with employees certified by the American
Red Cross as disaster service volunteers within the meaning of
Section 110.120(3), Florida Statutes, the authority to release any
such employees for such service as requested by the American Red
Cross as needed to meet the emergency.
IN
TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great
Seal of the State of Florida to be affixed, at Tallahassee, the
Capitol, this 11th day of September, 2001.
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