Miami-Dade Legislative Item
File Number: 060871
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File Number: 060871 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: County Commission
File Name: EMERGENCY PLAN FOR FOOD STORES Introduced: 3/20/2006
Requester: NONE Cost: Final Action:
Agenda Date: 3/21/2006 Agenda Item Number: 7CSUBSTITUTE
Notes: SEE 060925 FOR FINAL VERSION AS ADOPTED Title: ORDINANCE REQUIRING EMERGENCY RESPONSE PLAN FROM FOOD STORES LOCATED IN THE INCORPORATED AND UNINCORPORATED AREAS FOR THE SUPPLY OF FOOD DURING A LOCAL STATE OF EMERGENCY; ESTABLISHING DEFINITIONS; PROVIDING FOR MINIMUM CONTENTS OF THE PLAN INCLUDING THE REQUIREMENT OF THE UNINTERRUPTED SUPPLY OF POWER; PROVIDING FOR APPROVAL BY THE DIRECTOR OF THE OFFICE OF EMERGENCY MANAGEMENT; PROVIDING FOR EXEMPTIONS FOR LIMITED PERIODS; ESTABLISHING PENALTIES AND ENFORCEMENT PROCEDURES, AMENDING CHAPTERS 8B AND 8CC OF THE CODE, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 053320]
Indexes: NONE
Sponsors: Joe A. Martinez, Prime Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/23/2006 7C SUBSTITUTE Amended
REPORT: See Agenda Item 7C Substitute Amended, Legislative File Number 060925, for amended version.

Board of County Commissioners 3/21/2006 7C SUBSTITUTE Carried over 3/23/2006
REPORT: Second reading scheduled for 3-23-06.

County Manager 3/20/2006 Additions 3/21/2006

Community Outreach, Safety & Healthcare Admin Cmte 3/15/2006 2B AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Eugene Shy read the foregoing proposed ordinance into the record. Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with the foregoing ordinance. There being no one wishing to appear, the public hearing was closed. It was moved by Commissioner Souto that the foregoing proposed ordinance be forwarded to the BCC with a favorable recommendation. This motion was seconded by Commissioner Jordan for discussion. Chairwoman Sosa asked that appropriate language be incorporated in this ordinance to protect the job security and rights of employees displaced or whose lives were adversely affected by a natural disaster and that owners be sensitive to employees who face destruction or devastation where they reside or necessity based on family needs. Assistant County Attorney Hugo Benitez noted language existed in section 3(f) of the ordinance that provided the emergency plan identify the owner, manager or person having operation control of the food store and if different, emergency contact personnel charged with implementing the plan. He suggested the ordinance be amended to provide that the plan include a provision to use alternate personnel in the event that primary personnel were affected by a natural disaster. Commissioner Souto asked that the ordinance also include a provision for store owners to provide special transportation to employees adversely affected by a disaster when deployed in emergency situations. Following discussion, the forgoing proposed ordinance was forwarded to the BCC with a favorable recommendation with Committee amendment(s) to include the following language: “the plan shall also include provisions for use of alternate personnel in the event that primary personnel is affected by a natural disaster. The plan shall also demonstrate sensitivity to the needs of employees or other personnel who may be adversely affected, including where appropriate, provisions for emergency transportation.” Chairwoman Sosa asked Assistant County Manager Susanne Torriente to prepare the appropriate memorandum requesting that the County Commission’s Chairman Joe A. Martinez waive the Committee’s rules and allow the foregoing resolution to be heard at the March 21, 2006 BCC meeting.

Community Empowerment & Econ. Revitalization Cmte. 3/14/2006 Original item forwarded to BCC with a favorable recommendation

Infrastructure and Land Use Committee 3/14/2006 3BAMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Joni Armstrong-Coffey read the foregoing proposed ordinance into the record. Chairwoman Seijas opened the public hearing. This public hearing was closed after no one appeared in connection with this proposed ordinance. Commissioner Gimenez commented on an article in today’s (3/14) newspaper announcing that Publix had agreed to install full-service generators in all facilities countywide. He noted he was hopeful that this ordinance would encourage other major store chains to follow suit. Chairwoman Seijas advised that Chairman Martinez agreed to waive the Committee’s rules and allow this proposed ordinance to be heard at the March 21, 2006 County Commission meeting. BCC Chairman Joe Martinez appeared before the committee in support of the foregoing proposed ordinance. Chairwoman Seijas announced that a workshop had been scheduled for March 20, 2006, from 2:00 p.m. to 5:00 p.m. in the Stephen P. Clark Center, 18th Floor Conference Room 3, to discuss this proposed ordinance. County Commission Chairman Martinez noted the proposed effective date for implementing this plan had expired and needed to be changed. He congratulated the INLUC Committee members on their favorable recommendation on the gas station ordinance. Commissioner Gimenez noted this ordinance did not apply to small mom and pop facilities. The Committee members voted to forward the foregoing proposed ordinance to the County Commission with a favorable recommendation, with committee amendment(s) to change the effective date for complying with the provisions of this ordinance. Discussion ensued among Committeeand County Administration members regarding the standards to be imposed to ensure that generators installed in gas stations were in compliance with this ordinance. Commissioner Gimenez asked Building Department Director, Charles Danger, to provide him with a report identifying the types of generators required by small gas stations to furnish the power needed to operate gas pumps, some lights, and the cash registers and the related costs for installation. Commissioner Jordan recommended the gas station ordinance be amended to provide include grants or loans for mom and pop gas station owners . Chairwoman Seijas advised that the gas station ordinance would be considered by two other Committees before being considered by the County Commission. She suggested that all proposed amendments be presented at the County Commission level. The committee forwarded the foregoing proposed ordinance with a favorable recommendation with committee amendments to revise the timeframes for complying with the provisions contained therein.

Legislative Text


TITLE
ORDINANCE REQUIRING EMERGENCY RESPONSE PLAN FROM FOOD STORES LOCATED IN THE INCORPORATED AND UNINCORPORATED AREAS FOR THE SUPPLY OF FOOD DURING A LOCAL STATE OF EMERGENCY; ESTABLISHING DEFINITIONS; PROVIDING FOR MINIMUM CONTENTS OF THE PLAN INCLUDING THE REQUIREMENT OF THE UNINTERRUPTED SUPPLY OF POWER; PROVIDING FOR APPROVAL BY THE DIRECTOR OF THE OFFICE OF EMERGENCY MANAGEMENT; PROVIDING FOR EXEMPTIONS FOR LIMITED PERIODS; ESTABLISHING PENALTIES AND ENFORCEMENT PROCEDURES, AMENDING CHAPTERS 8B AND 8CC OF THE CODE, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, Hurricane Wilma made landfall in South Florida in the morning hours of October 24, 2005; and
WHEREAS, the hurricane created a serious crisis throughout the region in the public's ability to purchase food supplies as a result of widespread power outages that rendered inoperable a very large percentage of the food stores in the region; and
WHEREAS the protection of this community requires that this situation not be repeated and these food stores remain open to the public to supply essential goods during times of emergency need; and
WHEREAS the Office of Emergency Management through its Director has been charged with the responsibility of performing emergency management functions within the territorial limits of Miami-Dade County; and
WHEREAS the coordinated planning of these efforts on a County-wide basis is in the best interest of the citizens of incorporated and unincorporated Miami-Dade County; and
WHEREAS these measures are essential to the protection of the safety of our community in the event of emergency conditions created by the recently experienced more active hurricane seasons, among others,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Chapter 8B of the Code of Miami-Dade County is hereby amended by the addition of the following new section:

CHAPTER 8B - EMERGENCY MANAGEMENT

* * *

Sec. 8B-17 Planning related to food stores.

1. This Section shall apply to food stores located within incorporated or unincorporated Miami-Dade County. For purposes of this Section a food store shall be any business establishment containing more than forty thousand (40,000) square feet of floor area, which sells food supplies at retail to the public including supermarkets and grocery stores. Food stores shall not include restaurants, coffee shops, delicatessens, bakeries or similar establishments which exclusively serve prepared or cooked foods. Food supplies shall mean canned and non-perishable foods and water.
2. Food stores are required to create and implement a plan to provide for the retail sale of food supplies to the public within twenty-four (24) hours following the declaration of a local state of emergency pursuant to this Chapter (the "Food Store Emergency Plan").
3. The Food Store Emergency Plan shall document the food store's ability to provide for the retail sale of food supplies on an uninterrupted basis not later than June 1, 2006 and shall provide, at a minimum:
(a) An alternate source of power (the "Alternate Source") shall be sufficient to provide lighting and ventilation as necessary to open the food store to the general public during normal business hours and sell food supplies.
(b) In the event that the Alternate Source requires the installation of permanent equipment, a schedule showing the purchase or lease of the equipment and providing installation not later than June 1, 2006.
(c) In the event that the Alternate Source requires construction or otherwise the obtaining of a building permit, a schedule for obtaining a permit not later than March 1, 2006 and a certificate of occupancy not later than June 1, 2006.
(d) A maintenance plan for any and all equipment related to the Alternate Source.
(e) Plans for the recall of food store personnel essential to the task of dispensing food supplies.
(f) Identification of the owner, manager or person having operational control of the food store and, if different, emergency contact personnel charged with implementing the plan. The plan shall also include provisions for use
of alternate personnel in the event that primary personnel is affected by the natural disaster. The plan shall also demonstrate sensitivity to the needs of employees and other personnel who may be adversely affected including, where appropriate, provisions for emergency transportation.
4. Each owner of a food store shall deliver the required Food Store Emergency Plan to the Director not later than February 1, 2006. For food stores which are not in possession of a certificate of use and occupancy as of the effective date of this Section, the required Food Store Emergency Plan shall be delivered to the Director not later than 90 days following the date of such certificate and shall provide for implementation within 180 days of submission of the plan.
5. The Director shall review each Food Store Emergency Plan to determine in his or her discretion whether such plan complies with the requirement of this ordinance and otherwise provides for the protection of public safety by allowing for the distribution of food during disaster conditions.
6. The Director shall reject any Food Store Emergency Plan within thirty (30) days of its submission by notifying the person identified in the plan. The Director shall wherever possible identify the reasons for rejection and provide an opportunity to cure. Failure to notify a rejection shall be deemed approval of the plan.
7. Food stores shall at all times abide by the provisions of the approved Food Store Emergency Plan, including any and all deadlines set forth in the approved schedule. The Food Store Emergency Plan shall be in effect for a period of five (5) years and shall be binding on all subsequent owners and operators of the food store. A new Emergency Food Store Plan shall be submitted for approval not later than sixty (60) days prior to the expiration of the plan in effect.
8. In the event of any material change with respect to any of the provisions of the Food Store Emergency Plan the revisions shall be communicated to the Director in writing, for the Director's approval, wherever possible in advance of the proposed change and in no event later than sixty (60) days following the adoption of the change.
9. Failure to abide by the provisions of this Section shall be punishable by civil fine in the manner established by Chapter 8CC of this Code, with each day of violation constituting a separate offense. The provisions of this Chapter shall also be enforceable through injunctive relief as a means of protection of the public interest through the exercise of the County's police power, and through any other means available at law.
10. The Director shall be entitled, in his or her discretion, to exempt a food store from the requirements of this Section based upon criteria to be applied uniformly and approved by resolution of this Board. The criteria may include size, volume and location of the food store.
11. This Section shall preempt and supersede any inconsistent municipal ordinance to the same effect.
12. Nothing in this Section shall be interpreted to curtail, impede or otherwise affect the discretionary authority of the County in the exercise of its police power, administrative or regulatory functions
Section 2. Chapter 8CC of the Code of Miami Dade County is hereby amended as follows:1
Chapter 8CC
CODE ENFORCEMENT
* * *
Sec. 8CC-10. Schedule of civil penalties.
* * *
Code Section Description of Violation Civil Penalty
>>8B-16 Failure to file or abide by Food
Store Emergency Plan $500.00<<


Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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