STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 10-262
(Emergency Management – Freezing Temperatures)
I am issuing an Executive Order to declare a state of emergency due to the threat of severe cold weather and to ensure timely precautions are taken to protect Florida’s agricultural crops and the general welfare of the State.
On December 10, 2010, the National Weather Service advised that much of the State, including areas as far south as Collier County, Florida, will be subject to freezing temperatures on multiple evenings from Sunday, December 12 through Wednesday, December 15, 2010. This past week, freezing temperatures reached as far south as Immokalee in Collier County. Temperatures are expected to drop to these same levels beginning Sunday night and persist through early Wednesday morning. The National Weather Service will likely issue Freeze Watches and Freeze Warnings for much of central and southern Florida, and Hard Freeze Watches and Hard Freeze Warnings across northern Florida for these nights. Hard Freeze Watches and Warnings may be issued for areas as far south as Lake Okeechobee. As a result, the National Weather Service recommends precautions be taken to ensure tender vegetation, outdoor pets, and water pipes have adequate protection from the cold temperatures.
As Governor, I am responsible to meet the dangers presented to this State and its people by this emergency. Therefore, by virtue of the authority vested in me by article IV, section 1(a) of the Florida Constitution and by the State Emergency Management Act, part I, chapter 252, Florida Statutes, and all other applicable laws, I promulgate the following Executive Order, to take immediate effect:
Section 1. Because of the foregoing conditions, I find that a state of emergency exists in the State of Florida due to the effect of the impending freeze on growing crops that are vulnerable to destruction because of the extreme temperatures, and that the possible destruction of these crops threatens Florida with a major disaster. I further find that transporting the vulnerable crops to processing sites without delay is necessary to save them from destruction, and that the relaxation of the restrictions on the weight, height, length, and width for commercial vehicles transporting these crops is necessary to protect the agricultural interests of this State.
Section 2. I designate the Director of the Division of Emergency Management as the State Coordinating Officer for the duration of this emergency and direct him or her to activate the State’s Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency. Pursuant to section 252.36(1)(a), Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes. In exercising the powers delegated by this Order, the State Coordinating Office shall confer with the Governor to the fullest extent practicable. The State Coordinating Officer shall also have the authority, as necessary to best meet this emergency, to:
A. Invoke and administer the Emergency Management Assistance Compact, part III, chapter 252, Florida Statutes, and other compacts and agreements existing between Florida and other states and to coordinate the allocation of resources from such other states that are made available to Florida under such compacts and agreements;
B. Seek direct assistance with any and all agencies of the United States Government as may be needed to meet the emergency;
C. 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 direction and coordination of the State Coordinating Officer; and
D. Enter such orders as may be needed to implement any or all of the foregoing powers.
Section 3. I authorize the Department of Transportation to take any action as may be necessary to relieve commercial vehicles transporting shipments of harvested crops from the normal restrictions on the weight, height, length, and width restrictions for such vehicles. In doing so, the Department shall issue temporary permits and such vehicles shall be subject to such special conditions as the Department may endorse on any such permits. In any event, the weight, height, length, and width for any such commercial vehicle on roadways maintained by the State of Florida shall not exceed the following:
- The maximum Gross Vehicle Weight for vehicles equipped with five (5) weight-bearing axles with outer bridge spans of not less than forty (40) feet but less than fifty-one (51) feet, shall not exceed ninety thousand (90,000) pounds.
- The maximum Gross Vehicle Weight for vehicles equipped with five (5) weight-bearing axles with outer bridge spans of not less than fifty-one (51) shall not exceed ninety thousand (95,000) pounds.
- The maximum Gross Vehicle Weight for vehicles equipped with four (4) weight-bearing axles with outer bridge spans of not less than forth-three (43) feet shall not exceed eighty thousand (80,000) pounds.
- The total length for any vehicle identified above shall not exceed ninety-five (95) feet.
- The total width for any vehicle identified above shall not exceed fourteen (14) feet.
- The total height for any vehicle identified above shall not exceed fourteen (14) feet, six (6) inches.
- The total maximum Gross Vehicle Weight for straight trucks shall not exceed eighty-thousand (80,000) pounds. The total maximum gross weight of any axle shall not exceed twenty-seven thousand five hundred (27,500) pounds and the total maximum gross weight of any tandem axle shall not exceed fifty-five thousand (55,000) pounds and the maximum weight of any tri-axle shall not exceed seventy thousand (70,000) pounds.
Nothing in this Order shall be construed to allow any vehicle to exceed weight limits posted for bridges and like structures, nor shall anything in this Order be construed to relieve any vehicle, or the carrier, owner, or driver of any vehicle, from compliance with any restrictions other than those specified by permit.
Section 4. Pursuant to section 501.160, Florida Statutes, it is unlawful and a violation of section 501.204 for a person to rent or sell or offer to rent or sell at an unconscionable price within the area for which the state of emergency is declared, any essential commodity including, but not limited to, supplies, services, provisions, or equipment that is necessary for consumption or use as a direct result of the emergency.
Section 5. All actions taken by the Director of the Division of Emergency Management with respect to this emergency before the issuance of this Executive Order are ratified. This Executive Order shall expire seven (7) days from this date unless extended.
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 10th day of December, 2010.
ATTEST:
DEPARTMENT OF STATE
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