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WHEREAS, section 252.38.(3)(a), Florida Statutes, grants authority to political subdivisions to exercise certain emergency management powers to provide for the health and safety of persons and property; and
WHEREAS, in connection with those emergency management powers, section 252.38(3)(a), Florida Statutes, further grants authority to political subdivisions to declare and enact a Local State of Emergency for a period of up to seven days, thereby waiving the procedures and formalities otherwise required of the political subdivision by law; and
WHEREAS, chapter 8B of the Code of Miami-Dade County grants the County Mayor the authority to declare a Local State of Emergency and authorizes the County Mayor to issue executive orders and take various other actions to address such emergency; and
WHEREAS, Miami-Dade County is currently experiencing a multi-day, intense, rainfall event, which has flooded local roadways throughout the County; and
WHEREAS, the National Weather Service has issued flash flood warnings for South Florida, including Miami-Dade County; and
WHEREAS, additional rain is expected for several days, with some estimates projecting that between five and seven inches of additional rainfall is possible over the next several days; and
WHEREAS, the rainfall and flooding create risks to human health and property,
THEREFORE, as County Mayor of Miami-Dade County, I hereby declare a State of Local Emergency, effective immediately, that will continue for seven days unless cancelled before that period of time or extended by further action. This Local State of Emergency includes all of Miami-Dade County, both incorporated and unincorporated areas.
Pursuant to this Declaration, further orders may be issued to protect the health, safety, and welfare of the community. Such orders specifically include, but are not limited to, orders related to the items listed in 1.a-n attached. The County Mayor’s Executive Chiefs, through the Director of the Office of Emergency Management, are hereby ordered to take whatever prudent actions are necessary to effectuate such orders and to otherwise protect the health, safety, and welfare of the community.
Action Options for State of Local Emergency
Executive Orders of the Mayor to include:a) Employee Recall order: An order recalling Miami-Dade County employees from vacation, canceling days off, and mobilizing all personnel required for disaster response;
b) Authorize the Internal Services Department or its successor departments to suspend normal leasing and bid procedures to procure space, structures or other items under their normal authority for disaster response determined necessary by the Director;
c) Authorize procurement of supplies, equipment, and services without formal bidding procedures;
d) Evacuation Order: A mandatory order(s) directing the evacuation of appropriate area(s) of the County deemed to be in imminent danger from disaster;
e) Curfew: In the period before, or during and immediately after an event, an order imposing a general curfew applicable to the County as a whole, or to geographical area(s) of the County and during hours the Mayor deems necessary, and from time to time, to modify the hours the curfew will be in effect and what area(s) it applies to;
f) An order requiring any and all commercial establishments located in area(s) of imminent or actual danger to close and remain closed until further order;
g) An order requiring the closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are predominantly sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sales of alcoholic beverages, and in which such alcoholic beverages may be removed or made secure from seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, at the discretion of the Mayor, be allowed to remain open;
h) An order requiring the discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all parts of Miami-Dade County;
i) An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly attached to a gas powered vehicle;
j) An order closing to the public any or all public places including streets, alleys, public ways, schools, parks, beaches, amusement areas and public buildings;
k) In addition to the provisions of section 8A-5 of the Code of Miami-Dade County, orders to prevent price gouging for any essential commodity, dwelling unit, or storage facility;
l) Orders requesting the conservation of water supplies;
m) Such other orders as are immediately necessary for the protection of life and property; provided, however, that any such orders shall, at the earliest practicable time, be presented to the Board for ratification or confirmation in accordance with this chapter; and
n) The Mayor shall cause any proclamation ordered by the Mayor or the Board pursuant to the authority in this chapter to be delivered to all news media within the County, and shall utilize whatever available means to give public notice of such proclamation.
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