PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING SECTION 51.4., COUNTY EMERGENCY POWERS, ARTICLE 1, IN GENERAL, CHAPTER 51, DISASTER AND EMERGENCY MANAGEMENT
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EXECUTIVE SUMMARY:
executive summary
Florida Statutes ? 252.38 delineates a county's emergency management powers and authority. Section 252.38 was amended to limit the duration of a non-weather-related emergency orders issued by counties. The revisions to Florida Statutes ? 252.38 became effective on July 1, 2021. The provisions contained in Section 51.4, County Emergency Powers, Article 1, Chapter 51, General Ordinances, Martin County Code are not consistent with the current statute.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Elysse A. Elder
Title: Senior Assistant County Attorney
REQUESTED BY:
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Florida Statutes ? 252.38 delineates the County's emergency management powers and authority. Pursuant to the statute, counties are authorized to issue emergency orders during declared states of emergency. On July 1, 2021, limitations on the duration of non-weather-related emergency orders became effective. Specifically, an order or ordinance issued or enacted by a political subdivision in response to an emergency that limits the rights or liberties of individuals or businesses within the political subdivision expire 7 days after issuance and may only be extended by a majority of the vote of the Board. The statute specifically provides that this does not apply to orders issued in response to weather-related emergencies. The current provisions of Section 51.4., County Emergency Powers, Article 1, Chapter 51, General Ordinances, Martin County Code are not consistent with the current law. The proposed amendment to Section 51.4 revises the County's existing emergency powers for consistency with Florida Statutes ? 252.38(4).
ISSUES:
None
LEGAL SUFFICIENCY RE...
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