Sec. 38-56. - Intent.

It is the intent of the county to designate a county official to declare a local state of emergency and to authorize certain actions relating thereto when a quorum of the board of county commissioners is unable to meet. For the purpose of this article, "emergency" is defined as provided in F.S. ch. 252. as follows: any occurrence, or threat thereof, whether accidental, natural or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.

(Ord. No. 02-50, § 1)

Sec. 38-57. - Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Abandoned vehicle means any vehicle meeting the definition of abandoned property, as defined in F.S. § 705.101, that is left, stored or abandoned:

(a)

In a wrecked, inoperative, junked, partially dismantled, sunk, flooded or contributing to an uncontrolled release of fuel or hazardous materials upon the public property of the County.

(b)

On any roadway of the county without the consent of the agency having jurisdiction thereof.

(c)

Left, stored, abandoned, junked, partially dismantled, sunk, flooded or contributing to an uncontrolled release of fuel or hazardous material, upon the property of another without the consent of the owner of the property.

Derelict vessel means any vessel, as defined in F.S. § 327.02, that is left, stored or abandoned:

(a)

In a wrecked, junked or substantially dismantled condition upon any public waters of the county or county property or right of way.

(b)

At any port, dock, or mooring of the county without the consent of the agency having jurisdiction.

(c)

Docked, grounded or beached upon property of another without consent of the owner of the property.

"Disaster" means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the county, the Governor, or the President of the United States. Disasters shall be identified by the severity of resulting damage, as follows:

"Catastrophic disaster" means a disaster that will require massive state and federal assistance, including immediate military involvement.

"Major disaster" means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance.

"Minor disaster" means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance.

"Division" means the Division of Emergency Management of the Department of Community Affairs, or the successor to that division.

"Emergency" means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.

"Emergency management" means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to:

(a)

Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military of paramilitary action.

(b)

Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies.

(c)

Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency.

(d)

Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies.

(e)

Provision of an emergency management system embodying all aspects of pre-emergency preparedness and post-emergency response, recovery, and mitigation.

(f)

Assistance in anticipation, recognition, appraisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for and regulation of, public and private facilities and land use.

Emergency management department means the county department created in accordance with the provisions of Florida law to discharge the emergency management responsibilities and functions of Collier County.

"Manmade emergency" means an emergency caused by an action against persons or society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or other action impairing the orderly administration of government.

"Natural emergency" means an emergency caused by a natural event, including, but not limited to, a hurricane, a storm, a flood, severe wave action, a drought, or an earthquake.

Director of the office of emergency management is the county official having the responsibility to execute the emergency management plan in Collier County and shall hereinafter be referred to as the "director".

(Ord. No. 02-50, § 1; Ord. No. 07-49, § 1; Ord. No. 07-49, § 1)

Sec. 38-58. - Officer designated to declare emergency.

Pursuant to F.S. ch. 252, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency, when a quorum of the board of county commission is unable to meet, the chairman of the board of county commissioners, or the vice-chairman in his or her absence, and in the absence of the chairman and vice-chairman; the next county commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them; and in the absence of any commissioner; the county manager, in the absence of the county manager; the clerk of courts; and in the clerk's absence the deputy county manager are hereby designated and empowered to declare a local state of emergency whenever the designated person, according to the above order of preference shall determine that a natural or manmade disaster has occurred or that the occurrence or threat of one is imminent and requires immediate and expeditious action.

(Ord. No. 02-50, § 1)

Sec. 38-59. - Extent of statement of emergency.

A state of emergency shall be declared by proclamation of the chairman, or the vice chairman in his or her absence, and in the absence of the chairman and vice chairman; the next county commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them, and in the absence of any commissioner; the county manager, in the absence of the county manager; the clerk of courts; and in the clerk's absence; the deputy county manager. The state of emergency shall continue for seven days and may be extended in seven day increments until the chairman, or vice-chairman in his absence, the next county commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them, and in the absence of any commissioner; the county manager, and in the absence of the county manager, the clerk of courts, and in the clerk's absence; the deputy county manager finds that the threat or danger no longer exists and/or until an emergency meeting of a quorum of the board of county commissioners can take place and terminate the state of emergency proclamation.

(Ord. No. 02-50, § 1)

Sec. 38-60. - Proclamation.

A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to the county and shall be the authority for the use or distribution of any supplies, equipment, materials or facilities assembled or arranged to be made available pursuant to such plans.

(Ord. No. 02-50, § 1)

Sec. 38-61. - Use of public facilities for shelters.

Public facilities, including schools, postsecondary education facilities, and other facilities owned or leased by the state or local governments, but excluding hospitals or nursing homes, which are suitable for use as public hurricane evacuation shelters shall be made available at the request of the emergency management director or emergency management director's designee. The director or the director's designee shall coordinate with the appropriate school board, university, community college, or local governing board when requesting the use of such facilities as public hurricane evacuation shelters.

(Ord. No. 02-50, § 1)

Sec. 38-62. - Power of employees rendering outside aid.

(a)

Whenever the employees of the county are rendering aid beyond the territorial boundaries of the county, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the county.

(1)

The political subdivision in which any equipment is used pursuant to this section shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereof. No claim for such loss, damage, or expense shall be allowed unless an itemized notice of such claim under oath is served by mail or otherwise upon the chief fiscal officer of the political subdivision in which the equipment was used within 60 days after the loss, damage, or expense is sustained or incurred.

(2)

The political subdivision which is aided pursuant to this section shall also pay and reimburse the county for furnishing such aid for compensation paid to employees furnished under this section during the time of the rendition of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. The term "employee" as used in this section means, and the provisions of this section apply with equal effect to, paid, volunteer, and auxiliary employees and emergency management services workers. The same shall apply for aid rendered to Collier County.

(Ord. No. 02-50, § 1)

Sec. 38-63. - Mutual aid agreements.

The county is authorized to develop and enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted. Copies of such agreements shall be sent to the Florida Division of Emergency Management. Such agreements shall be consistent with the state comprehensive emergency management plan and program, and in time of emergency it shall be the duty of the county to render assistance in accordance with the provisions of such mutual aid agreements to the fullest possible extent.

(Ord. No. 02-50, § 1)

Sec. 38-64. - Compensation.

(a)

Compensation for services or for the taking or use of property shall be owed only to the extent that a claimant may not be deemed to have volunteered her or his services or property without compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to render such services or make such property so available.

(b)

Compensation owed for personal services shall be only such as may be fixed by the Florida Division of Emergency Management.

(c)

Compensation for property shall be owed only if the property was commandeered or otherwise used in coping with an emergency and its use or destruction was ordered by the county.

(d)

Any person claiming compensation for the use, damage, loss, or destruction of property shall file a claim therefor with the county.

(e)

Unless the amount of compensation owed on account of property damaged, lost, or destroyed is agreed between the claimant and the county, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state except that if a party making a claim pursuant to this provision who disagrees with the amount of compensation offered by the county shall bear its own costs and attorney fees.

(f)

Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a firebreak or damage resulting from the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood or applies to or authorizes compensation beyond the extent of funds available for such compensation.

(Ord. No. 02-50, § 1)

Sec. 38-65. - Emergency orders and rules.

All emergency orders and rules adopted by the county during a declared state of emergency shall have the full force and effect of law after adoption when filed in the office of the clerk of courts or the designee of the clerk of courts.

(Ord. No. 02-50, § 1)

Sec. 38-66. - Enforcement.

The law enforcement authorities of the county and municipalities of the county shall enforce the orders and rules issued pursuant to section 38-65 herein.

(Ord. No. 02-50, § 1)

Sec. 38-67. - Liability.

Any person or organization, public or private, owning or controlling real estate or other premises who voluntarily and without compensation other than payment or reimbursement of costs and expenses, grants a license or privilege or otherwise permits the designation by the county emergency management department for use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with her or his successor in interest, if any, shall not be liable for the death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency, or for loss of, or damage to, the property of such person, solely by reason or as a result of such license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or her or his successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period. Any such person or organization who provides such shelter space for compensation shall be deemed to be an instrumentality of the State or the County where applicable, for the purposes of F.S. § 768.28.

(Ord. No. 02-50, § 1)

Sec. 38-68. - Authorized emergency measures.

In addition to any other powers conferred by law, upon the declaration of a state of emergency pursuant to this article, the chairman, or vice-chairman in his or her absence, and in the absence of the chairman and vice-chairman; the next County Commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them, and in the absence of any Commissioner; the County Manager, in the absence of the County Manager; the Clerk of Courts; and in the Clerk's absence; the Deputy County Manager, may order and promulgate all or any of the following emergency measures to be effective during the period of such emergency in whole or in part, and with such limitation and conditions as he may deem appropriate to protect the health, safety and welfare of the community:

(1)

Suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives, and combustibles.

(2)

Establish curfews, including but not limited to the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated, essential services, such as fire, police, emergency medical services and hospital services, including the transportation of patients, utility emergency repairs and emergency calls by physicians.

(3)

Utilize all available resources of the county government as reasonably necessary to cope with the disaster emergency. Any single expenditure exceeding $50,000.00 shall be cosigned by the county attorney or his or her designee.

(4)

Emergency management powers; political subdivisions.

a.

To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency;

b.

To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel and other emergency management workers.

(5)

Declare certain areas off limits to all but emergency personnel.

(6)

Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials.

(7)

Establish emergency operating centers and shelters in addition to or in place of those provided for in the county's emergency plan.

(8)

Declare that during an emergency it shall be unlawful and an offense against the county for any person to use the fresh water supplied by the county, or local municipalities or other entities for any purpose other than cooking, drinking or bathing.

(9)

Declare that during an emergency it shall be unlawful and an offense against the county for any person operating within the county to charge more than the normal average retail price for any merchandise, goods or services sold during the emergency. The average retail price as used herein is defined to be that price at which similar merchandise, goods or services were being sold during the 30 days immediately preceding the emergency or at a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency.

(10)

Confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency, with the exception of emergency vehicles. Reimbursement shall be within 60 days and at customary value charged for the items during 90 days previous to the emergency.

(11)

Preceding or during the emergency, the chairman, the vice-chairman, or in their absence, the manager, shall have the authority to request the National Guard or the Army, Coast Guard, or other law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue and traffic control.

(12)

Further, the County has the power and authority to waive the procedures and formalities otherwise required by law pertaining to:

a.

Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community.

b.

Entering into contracts.

c.

Incurring obligations.

d.

Employment of permanent and temporary workers.

e.

Utilization of volunteer workers.

f.

Rental of equipment.

g.

Acquisition and distribution, with or without compensation, of supplies, materials, and facilities.

h.

Appropriation and expenditure of public funds.

(13)

Authorize the emergency purchase of radio, television, print or any other paper or electronic media for the purposes of advertising residents of protective action recommendations, recovery information and debris removal or disposal requirements or any other pertinent information in support of public health or safety.

(14)

Activate a statewide mutual-aid system. Any expenditure made in connection with emergency activities, including mutual-aid activities, shall be deemed conclusively to be for direct protection and benefit of the inhabitants and mitigate the potential for severe environmental property damage of the county.

(15)

Make a determination that:

(a)

There is a threat to public health and safety that may result from the generation of widespread debris throughout the county;

(b)

Such debris constitutes a hazardous environment for all modes of movement and transportation of the residents as well as emergency aid and relief services;

(c)

There is an endangerment to all properties in the county;

(d)

There is an environment conducive to breeding disease and vermin;

(e)

There is a greatly increased risk of fire;

(f)

It is in the public interest and safety to collect and remove disaster debris from all property, whether public lands, public or private roads, and gated communities, to eliminate an immediate threat to life, public health and safety to reduce the threat of additional damage to improved property and to promote economic recovery of the community at large.

(16)

Authorize the county or its contracted agent(s) the right of access to private roads or gated communities as needed for:

(a)

Emergency vehicles such as, but not limited to, fire, police and medical care.

(b)

Performance of damage assessment, emergency management, specialized search and rescue teams.

(c)

Human services and victim relief.

(d)

Temporary emergency traffic controls or detour efforts.

(e)

Debris removal vehicles and equipment, utility equipment and sanitation efforts to alleviate immediate threats to public health and safety.

(17)

Authorize the removal of debris, wreckage or collapsed structures resulting from a major disaster for a safe and sanitary living or functioning condition of the proximate environment.

(18)

Authorize the removal of derelict vessels pursuant to Florida Statutes and in conjunction with the Florida Fish and Wildlife Conservation Commission.

(19)

Authorize the removal of abandoned vehicles pursuant to Florida Statutes in conjunction with law enforcement of the city, county or state.

(Ord. No. 02-50, § 1; Ord. No. 07-49, § 2; Ord. No. 2011-34, § 1)

Sec. 38-69. - Declaration, termination by board while in session.

Nothing in this article shall be construed to limit the authority of the board of county commissioners from declaring or terminating a state of emergency and taking any action authorized by law when sitting in regular or special session.

(Ord. No. 02-50, § 1)

Sec. 38-70. - Penalty for violation.

Penalties. Any person violating any provision of this Emergency Management Code or any rule or order made pursuant to this Emergency Management Code is guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083. Each day of continued noncompliance or violation shall constitute a separate offense. In addition to the foregoing, any licensee of the county found guilty of violation any provision of this article, or the emergency measures which may be made effective pursuant to this article, may have his license suspended or revoked by the board of county commissioners.

(1)

Nothing herein contained shall prevent the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with, or violation of, this article or the emergency measures which may be made effective pursuant to this article. Such other lawful action shall include but not be limited to an equitable action for injunctive relief or an action at law for damages.

(Ord. No. 02-50, § 1)

Sec. 38-71. - Right of entry and indemnification.

In order to facilitate the timely removal of debris from private roads and gated communities, each property owner or association shall grant to the county the right of entry onto roads and streets to clear or collect disaster debris on or adjacent to the private road or street.

In conjunction with the right of entry, each property owner adjacent to a private road or street or gated community association shall indemnify and hold harmless the United States Government, Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the State of Florida, Collier County and their agents, officers, employees, volunteers, contractors and subcontractors, from any and all claims, losses, penalties, demands, judgments, and costs of suit, including, but not limited to, worker's compensation claims, and including attorney's fees and paralegal fees, for any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages, or economic loss, arising directly or indirectly on account of or in connection with the work performed by any of the above pertaining to any hazard or disaster mitigation, recovery or reconstruction management.

(Ord. No. 07-49, § 3)

Exhibit "A"

Report ____________

Hurricane Damage Report
FOR
All Property Damage/Loss

Complete this form and send to Risk Management (Fax: 774-8048). If you need to talk with someone in the Risk Management department, call 774-8461. For injuries to County employees, also complete a Collier County Employee Accident Investigation Report.

Damage Estimate $____________

Check appropriate responses:

□  Pictures of Damage(s) sent to Risk Management

□  Efforts to minimize damage/loss to county property taken

Please attach additional pages if multiple damages/losses have occurred.

(Ord. No. 01-45, § 1; Ord. No. 02-50, § 1)

Secs. 38-72—38-85. - Reserved.