4619 Emergency Management Addressing Legislative Changes ER & DisastersI*Irq"TI7TIT4-3kN
An ordinance of the City Commission of the City of Sanford, Florida
substantially and comprehensively revising and amending the
provisions of the City of Sanford Code relating to emergency
management; making revisions to provide for and to ensure
compliance with State law and, in particular, the enactment of
Committee Substitute (CS) for CS for Senate Bill 2006 which was
initially codified as Chapter 2021-8, Laws of Florida; providing for
legislative findings and intent; repealing Sections 2-421, 2-451, 2-457,
2-458, 2-459 and 2-460 of the City Code; creating a new provision in the
City Code relating to emergencies and City finances; substantially
revising and amending Sections 2-452, 2-453, 2-454 and 2-455 of the
City Code with Section 2-456 of the City Code being essentially
repealed; providing for implementing administrative actions and
authority of the City Manager; providing for a savings provision;
providing for conflicts; providing for severability; providing for
codification and the correction of scrivener's errors; and providing for
an effective date.
Whereas, the City Commission of the City of Sanford desires to ensure that the
citizens of the City and the general public are protected in every respect during
emergencies of every type and nature; and
Whereas, the City Commission of the City of Sanford has enacted emergency
management codes and ordinances in the past in the best interests of and to protect the
citizens, property owners and residents of the City of Sanford and to further the general
public health, safety and welfare; and
Whereas, a disaster or emergency can strike at any time - sometimes without
warning; and
Whereas, the City Commission of the City of Sanford well funds the emergency
management functions of City government and the City seeks Federal and State
assistance, when made available, all in order to serve and protect the citizens, property
owners and businesses of the City; and
Whereas, the citizens, property owners and businesses of the City, especially
citizens with disabilities who may need assistance with evacuation or while in a shelter,
should plan ahead; and
Whereas, the citizens, property owners and businesses of the City should
prepare prior to the occurrence of a disaster or emergency in order to better cope when
disaster or emergency happens; and
Whereas, the Florida Legislature, during the recently ended Legislative
Session, enacted Committee Substitute (CS) for CS for Senate Bill 2006 which was
approved by Governor Ron DeSantis and was initially codified as Chapter 2021-8, Laws
of Florida; and
Whereas, Chapter 2021-8, Laws of Florida, amended the State Emergency
Management Act, as set forth in Chapter 252, Florida Statutes, which addresses threats
posed by a pandemics or other public health emergencies and which was enacted to be
the legal framework for Florida's emergency management activities as the State is
vulnerable to a wide range of emergencies, including natural, manmade, and
technological disasters; and
Whereas, the government of the State of Florida has undertaken the role and
responsibility to prepare to respond to natural, manmade and technological disasters
through enhanced coordination, long-term planning and adequate funding; and
Whereas, with regard to county or municipal measures that address a
purported emergency, Chapter 2021-8, Laws of Florida, significantly modified the
21 � ' LI =x C
authorized role of local governments notwithstanding their constitutional home rule
powers by:
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(1). Requiring a local governmental entity imposing an ordinance
or other measure that deprives a person of a right, a liberty, or property, to
prove that the measure is "narrowly tailored" and serves a "compelling
governmental interest" through the "least intrusive means".
(2). Authorizing the Governor or Legislature to invalidate a city or
county measure that "unnecessarily restricts a constitutional right,
fundamental liberty, or statutory right".
(3). Providing that a city or county emergency order will
automatically expire 7 days after its issuance unless extended by a majority
vote of the political subdivision's governing body.
Whereas, the Federal Emergency Management Agency has noted that:
Accomplished properly, planning provides a methodical way to engage the
whole community in thinking through the lifecycle of a potential crisis,
determining required capabilities and establishing a framework for roles
and responsibilities. It shapes how a community envisions and shares a
desired outcome, selects effective ways to achieve it and communicates
.expected results.
A shared planning community increases the likelihood of integration and
synchronization, makes planning cycles more efficient and effective and
makes plan maintenance easier.
Whereas, the Florida Legislature, as it has been reported and evidenced, is
committed to taking power away from the local governments of Floridians and
3 1 P a i -G, c�
consolidating powers within the Legislature and providing that local governments are
preempted from acting on behalf of their citizens in a multiplicity of ways; and
Whereas, indeed, the Florida Association of Counties initiated a "Preemption
Tracker" component of its regular activities and the Florida League of Cities specifically
took a legislative position to oppose the preemption emergency powers of local
governments; and
Whereas, notwithstanding the foregoing, the City is committed to working with
the Federal Emergency Management Agency and the Florida Department of Economic
Opportunity relative to addressing emergencies and disasters that impact the citizens,
property owners and residents of the City; and
Whereas, the City Commission of the City of Sanford has complied with all
procedural and substantive requirements of controlling law in enacting this Ordinance;
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Whereas, the City Commission of the City of Sanford has the power and
authority to enact this Ordinance under the controlling provisions of State law such as, by
way of example only, the provisions of Article VIII, Section 2 of the Constitution of the
State of Florida and the provisions of Chapter 162 and Chapter 166, Florida Statutes, and
the controlling case law of the State of Florida; and
Whereas, underlined words in this Ordinance shall constitute additions to the
current text of the City Code, *** shall constitute ellipses (spaces where current City Code
provisions (or statutory provisions, when quoted) are omitted for the sake of the ease of
411':
reference and review), and strike throughs. shall constitute deletions to current text of the
City Code.
Now Therefore, Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) set forth herein as the
legislative and administrative findings and intent of the City Commission which, together
with the agenda materials, memorandum and staff reports, shall be maintained
consistent with the maintenance schedule for ordinances, as public records of the City.
(b). Additionally, legislative findings are made and legislative intent is
expressed as to specific actions taken herein in the context of subsequent sections of this
Ordinance.
Section 2. Overcharging During Emergencies; Repealer.
(a). Repealer. Section 2-421 of the City of Sanford Code is hereby repealed.
Ser.. 'i_421 Overrhar-ging prohibited.
in ordeF to pFeserve, pFeteGt or sustain the life, health or safety ef persens, er th&
pmpeFty, within any deGlared disaster aFea eF area where a state of erneFgenGy exists, it is -
unlawful, dUFiRg the duratien of the state of
g—Gy or subsequent reGovery period 4*A
whiGh the Gity has been desigRated as a disasteF aFea, feF aRY person, fiFm OF GerpeFation
IGGated or dGing business in the Gity, te eveFGharge feF any goods, materials, serviGes,
metel Fee.M.s, ternpeFaFy ledging oF houses, Seld or rented, withiR the Gity. QveFGhargiRg
shall rneaR tG Gharge moFe than the neFrnal average Fetail PFiGe fGr aRy FneFGhandiSe-,
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(b). Legislative Finding And Intent. Section 501.160, Florida Statutes, states
that during a state of emergency, it is unlawful to rent, sell, lease, offer to rent, sell, or
lease essential commodities, dwelling units, or self -storage facilities at an
unconscionable price. A price is presumed to be unconscionable if:
(1) there is a gross disparity between the price charged during the state of emergency
and the average price during the 30 days before the state of emergency; or
(2) the price grossly exceeds the average price the same or similar commodity was
available in the trade area during the 30 days before the declaration of the state of
emergency, unless the seller can justify the price by showing increases in its costs or
market trends.
Examples of necessary commodities for storm events are food, water, ice, gas, lodging
and lumber. See, also, Sections 501.204 and 501.206, Florida Statutes, which relates to
the protection of citizens against unfair business practices during emergencies.
The City will rely upon the enforcement of controlling State law with regard to emergency
circumstances.
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Section 3. Definition Of Emergency; Repealer.
(a). Repealer. Sections 2-451, 2-457, 2-458, 2-459 and 2-460 of the City of
Sanford Code are hereby repealed.
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(b). Legislative Finding And Intent. Section 252.34, Florida Statutes, as
amended by Chapter 2021-8, Laws of Florida, sets forth an array of definitions, upon
which the City will rely, with specific regard to various defined types of emergencies, with
the most pertinent definitions being set forth as follows:
Definitions.—As used in this part, the term:
(1) "Activate" means the execution and implementation of the necessary
plans and activities required to mitigate, respond to, or recover from an
emergency or disaster pursuant to this chapter and the state
comprehensive emergency management plan.
(2) "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 a county, the Governor, or the
President of the United States. Disasters shall be identified by the severity
of resulting damage, as follows:
(a) "Catastrophic disaster" means a disaster that will require
massive state and federal assistance, including immediate military
involvement.
(b) "Major disaster" means a disaster that will likely exceed local
capabilities and require a broad range of state and federal assistance.
(c) "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.
(3) "Division" means the Division of Emergency Management within the
Executive Office of the Governor, or the successor to that division.
(4) "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.
(5) "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 or
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.
111 PI � be
(e) Provision of an emergency management system embodying all
aspects of preemergency preparedness and posternergency
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.
(6) "Local emergency management agency" means an organization
created in accordance with the provisions of ss. 252.31-252.90 to discharge
the emergency management responsibilities and functions of a political
subdivision.
(7) "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.
(8) "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.
(9) ""Personal protective equipment" means protective clothing or
equipment designed to protect an individual person from injury or the
spread of infection.
12
(10) "Political subdivision" means any county or municipality created
pursuant to law.
(11) "Public health emergency" means any occurrence, or threat thereof,
whether natural or manmade, which results or may result in substantial
injury or harm to the public health from infectious disease, chemical agents,
nuclear agents, biological toxins, or situations involving mass casualties or
natural disasters, declared as a public health emergency as declared by the
State Health Officer.
(12) "Technological emergency" means an emergency caused by a
technological failure or accident, including, but not limited to, an explosion,
transportation accident, radiological accident, or chemical or other
hazardous material incident.
The City will rely upon the emergency management practices and programs of the State
and Seminole County to the maximum extent feasible while using its law enforcement,
fire suppression, medical and other personnel in all appropriate ways and means to serve
the citizens of the City of Sanford.
Section 4. Emergencies And City Finances; New Provision.
(a). New Provision. A new Section of the City of Sanford Code is hereby
created to read as follows:
(a). With regard to any funds received from the State Emergency
Preparedness and Response Fund or any related or similar State funding
source, the City department that applied for or is managing the funds, or
13 1 P lyse
such City employee as designated by the City Manager, shall develop a
detailed spending plan for any grants, gifts, loans, funds, payments,
services, equipment, supplies, or materials in aid of or for the purposes of
emergency prevention, recovery, mitigation, preparedness, and
management, other than emergency response. The plan must be
submitted as soon as r)racticable. but not later than 30 days after initiation
of any expenditures, and be resubmitted every 30 days as long as an
emergency continues and funds continue to be disbursed.
(b). With regard to emergency response activities, including an
emergency response that includes emergency protective measures or
debris removal, the City's Finance Director is not required to provide a
detailed spending plan in advance of expenditures, but must provide notice
to the President of the Senate, the Speaker of the House of
Representatives, and the chairs of the legislative appropriations
committees of all expenditures in aggregate categories incurred in the
emergency response no later than 30 days after the expenditure is
incurred, and a copy of any project worksheet submitted to the Federal
Emergency Management Agency must be submitted to the same parties no
later than 7 days after it is submitted to the Federal Emergency
Management Agency.
(b). Legislative Finding And Intent. Chapter 2021-8, Laws of Florida, sets forth
the new requirements set forth in this Section relative to which the City will adhere.
14 1 Pi g c
Section 5. Emergency Management Practices And Procedures;
Amendments And Repeals; Amendments And Essential Repeal.
(a). Amendments. Sections 2-452, 2-453, 2-454 and 2-455 of the City of
Sanford Code are hereby substantially amended to read as follows with Section 2-456 of
the City of Sanford Code being essentially repealed:
Sec. 2-452. - Applicability Of Provisions.
(a). All persons, officers, employees, contractors, vendors, boards,
commissions, authorities and all other agencies of the City are subject to the provisions of
this Ordinance division.
(b). The City shall comply with the provisions of Chapter 252, Florida Statutes,
and other controlling law in all respects with regard to addressing emergency matters and
the management of emergencies and shall coordinate its programs, plans and activities
with the State government, the government of Seminole County and all other appropriate
agencies and entities of government.
(c). With regard to the City enactment of any ordinance or the adoption of any
other measure that deprives a person of a right, a liberty, or property, the City shall
narrowly tailor such ordinance or measure and make specific findings with regard to how
the ordinance or measure and serves a compelling governmental interest through the
least intrusive means.
(d). Each City emergency order shall automatically expire 7 days after its
issuance unless extended by a majority vote of the City Commission.
151 P Li gc
(e). The City shall engage in an ongoing disaster and emergency management
planning and preparation educational program for the benefit of the citizens, property
owners and businesses of the City,
Sec. 2-453. - Emergency Management Structure.
(a). The City Manager, or designee; shall perform the function of director of emergency
management and shall implement, manage and report to the City Commission on all
actions authorized and taken under the provisions of this division to include, but not be
limited to, the supervision and development and maintenance of City emergency plans
which shall include annual updates and post action evaluations.
(b). The City Manager may appoint a coordinator of emergency sees management
whose duties shall include the ongoing planning for and coordination of those actions
necessary for the creation and maintenance of an effective emergency response
capability to prepare for and manage emergency conditions.
(c). The City Manager may delegate authority to the coordinator of emergency
management, the Police Chief and the Fire Chief to enter memorandums of
understanding, mutual aid agreements or like styled agreement, as approved by the City
Attorney, with other jurisdictions and agencies to address ongoing operational matters
and emergency management matters with regard to future potential actions and activities
or current actions and activities. All prior agreements, and the delegated authority relating
thereto, are hereby ratified and affirmed.
Sec. 2-454. - Powers, Duties And Responsibilities; City Manager; Director Of
Emergency Management.
(a). The City Manager, when acting as the director of emergency management, is
delegated the following powers from the City Commission, which shall have like powers
to the extent consistent with the City Charter, in addressing matters relating to
emergencies:
(1). To appropriate and expend funds.
(2). To make contracts
(3). To obtain and distribute equipment, materials, and supplies for emergency
management purposes.
(4). To provide for the health and safety of persons and property, including
emergency assistance to the victims of any emergency.
(5). To direct and coordinate the development of emergency management
plans and programs in accordance with the policies and plans set by the Federal and
State emergency management agencies.
(6). To appoint, employ, remove, or provide, with or without compensation,
coordinators, rescue teams, fire and police personnel, and other emergency
management workers.
To establish, as necessary, such Primary and secondary emergency
operating centers as may be needed to provide continuity of government and direction,
and control of emergency operations.
(8). To assign and make available for duty the offices and agencies of the Cit rL
including the employees, property, or equipment thereof relating to firefighting,
engineering, rescue, health, medical and related services, police, transportation,
construction, and similar items or services for emergency operation purposes, as the
,primary emergency management forces of the City for employment within or outside the
olitical limits of the Ci
To request State assistance or invoke emergency -related mutual -aid
assistance by declaring a state of local emergency in the event of an emergency affecting
the City which. duration of each state of emergency shall not exceed 7 days, but may be
extended, as necessary, in 7 -day increments.
(10). To waive the procedures and formalities otherwise required of City by la
pertaining to:
(i). Performance of public work and taking whatever prudent action is
necessary to ensure the health, safely, and welfare of the community.
(ii). Entering into contracts.
(iii). Incurring obligations.
(iv). Employment of permanent and temporary workers.
M. Utilization of volunteer workers.
NO.. Rental of equipment.
(vii). Acquisition and distribution, with or without compensation, of
supplies, materials, and facilities.
(viii). Appropriation and expenditure of public funds.
(11). To take actions that are consistent with the Seminole County emergency
manaaement plan as established under controllina State law.
(b). All such actions shall be accomplished in collaboration with the Mayor and
consultation with the Mayor to the extent reasonably practicable under the
circumstances.
All such actions shall be reported to the Citv Commission within a time
reasonably practicable under the circumstances and an objection may be filed by any
City Commissioner with the City Clerk within 24 hours of receipt of the report and the City
Clerk shall schedule a meeting of the City Commission as soon as reasonably Practicable
to hear, and act upon, the objection.
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Sec. 2-455. - Emergency Orders And Rules Necessary For Emergency
Management Purposes; Implementing Administrative Actions And Authority Of
City Manager DeGlaratmen Of A State Of F=meFgenGy.
(a). An "emergency order" is an order or ordinance issued or enacted by the
City in response to an emergency. Under the City Charter, the power to issue emergency
orders is vested in the City Commission and the City Manager. To the extent that an
emergency order is general in nature does not contain specific requirements, the City
Manager may administratively implement such emergency orders by adoption
implementing rules. The City Commission or the City Manager, or designee, shall have
the authority to, in accordance with the provisions of Chapter 120, Florida Statutes,
make, amend, and rescind such emergency orders and rules as are necessary for
emergency management purposes and to supplement the carrying out of the provisions
of Section 252.31 through Section 252.90, Florida Statutes, which are not inconsistent
with any emergency orders or rules adopted by any State agency exercising a power
authorized by controlling law. Any emergency order issued which imposes a curfew
restricting the travel or movement of persons during designated times shall allow persons
to travel during the curfew to their places of employment to report for work and to return
to their residences after their work has concluded.
(b). All emergency orders and rules adopted by the City Commission or City
Manager shall have full force and effect of law after adoption in accordance with the
provisions of Chapter 120, Florida Statutes, when filed in the office of the City Clerk.
Failure to file any such emergency order or rule with the office of the City Clerk within 3
days after issuance voids the emergency order or rule.
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(c). All existinq laws, ordinances, and rules inconsistent with the provisions of
Section 252.31 through Section 252.90, Florida Statutes, or any emergency order or rule
issued under the authority of Section 252.31 through Section 252.90, Florida Statutes,
shall be suspended during the period of time and to the extent that such conflict exists.
(d). To ensure the attainment of uniformity, insofar as practicable, in measures
taken to aid emergency management, all action taken under Section 252.31 through
Section 252.90, Florida Statutes, and all emergency orders and rules made pursuant to
such sections shall be taken or made with due consideration of the emergency orders,
rules, actions, recommendations, and requests of Federal authorities relevant thereto
and, to the extent permitted by law, shall be consistent with such emergency orders,
rules, actions, recommendations, and requests.
(e). Emergency ordinances, declarations, and emergency orders adopted by
the City under the authority of Section 252.31 through Section 252.90, Florida Statutes,
including those enacted pursuant to Section 166.041(3)(b), Florida Statutes, shall be
available on a dedicated City webpage accessible through a conspicuous link on the
homepage. The dedicated webpage shall identify the emergency ordinances,
declarations, and emergency orders currently in effect. The City shall provide the
appropriate State agency or agencies and Seminole County with the link to the City's
dedicated webpage.
(f). Without in any way limiting any provision of this Ordinance, the Cit
Manager, or designee, is hereby authorized to take all necessary actions relative to
implementing the provisions of this Ordinance and this Ordinance shall not limit the
24 11)
administrative authority of the City Manager to act under the authority of the City Charter
with administrative assistance from the City Clerk an legal assistance from the City
Attorney under the authority vested in those positions under the provisions of the Cit
Chatter.
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(b). Legislative Finding And Intent. The intent of these revisions is to ensure
that the City closely conforms its emergency management activities in a manner that is
consistent with controlling State law. Specifically, it is noted that, Chapter 2021-8, Laws of
Florida, added Subsection (4) to Section 252.38, Florida Statutes, relating to the
Emergency management powers of political subdivisions, which new provision reads as
follows:
(4) EXPIRATION AND EXTENSION OF EMERGENCY ORDERS,
(a) As used in this subsection, the term "emergency order" means an order
or ordinance issued or enacted by a political subdivision in response to an
emergency pursuant to this chapter or chapter 381 that limits the rights or
liberties of individuals or businesses within the political subdivision. The
term does not apply to orders issued in response to hurricanes or other
weather-related emergencies.
(b) It is the intent of the Legislature to minimize the negative effects of an
emergency order issued by a political subdivision. Notwithstanding any
other law, an emergency order issued by a political subdivision must be
narrowly tailored to serve a compelling public health or safety purpose. Any
such emergency order must be limited in duration, applicability, and scope
in order to reduce any infringement on individual rights or liberties to the
greatest extent possible.
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(c) An emergency order automatically expires 7 days after issuance but
may be extended by a majority vote of the governing body of the political
subdivision, as necessary, in 7 -day increments for a total duration of not
more than 42 days.
(d) The Governor may, at any time, invalidate an emergency order issued
by a political subdivision if the Governor determines that such order
unnecessarily restricts individual rights or liberties.
(e) Upon the expiration of an emergency order, a political subdivision may
not issue a substantially similar order except in compliance with State law.
Section 6. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to any and
all actions and activities of the City pertaining to emergency declarations or management,
or of an associated nature, are hereby ratified and affirmed.
Section 7. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 8. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
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Section 9. Codification; Scrivener's Errors.
(a). The provisions of Section 1 through Section 5 of this Ordinance (which shall
include the recitals) shall be codified and all other sections of this Ordinance shall not be
codified except that all matters of legislative intent shall be presented in footnotes
throughout the text of the City Code, as appropriate.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not affect
the intent of this Ordinance, as determined by the City Clerk and City Commission, may
be corrected with the endorsement of the City Manager, or designee, without the need for
a public hearing.
Section 10. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 27th day of September, 2021.
o "sC I T Y 0 F
NANFORD PROVED
FLORIDA
CITY COMMISSION MEMORANDUM 21.192
SEPTEMBER 27, 2021 AGENDA
To:
PREPARED BY:
SUBMITTED BY:
SUBJECT:
WS— RM X
Item No.
Honorable Mayor and Members of the City Commission
Craig M. Radzak, Me Chief
Norton N. Bonaparte, Jr., ICMA-1
Ordinance No. 4619, Emergency
Changes
STRATEGIC PRIORITIES:
F-1 Unify Downtown & the Waterfront
R Promote the City's Distinct Culture
Z Update Regulatory Framework
[-� Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Legislative
An Emergency Management Ordinance has been prepared and City Commission approval and
enactment is needed in order to address recent major legislative changes with regard to the powers
of local governments' ability to address emergencies and disasters.
FISCAL/STAFFING STATEMENT:
The City Commission funds the emergency management functions of City government and the
City seeks Federal and State assistance, when made available, all in order to serve and protect the
citizens, property owners and businesses of the City. The City budget requests will recommend
appropriate funding for the needed programs and practices necessary to address emergency
management within the City.
BACKGROUND:
The City must take appropriate actions to protect its citizens, property owners and residents during
emergencies and disasters. The City Commission has over the years consistently taken action to
ensure that the City is well prepared and has enacted emergency management codes and ordinances
in the past in the best interests of and to protect the citizens, property owners and residents of the
City of Sanford and to further the general public health, safety and welfare.
The Florida Legislature, during the recently ended Legislative Session, enacted Committee
Substitute (CS) for Senate Bill 2006, which was approved by Governor Ron DeSantis and was
initially codified as Chapter 2021-8, Laws of Florida. The new law amended the State Emergency
Management Act, as set forth in Chapter 252, Florida Statutes, which addresses threats posed by
a pandemic or other public health emergencies and which was enacted to be the legal framework
for Florida's emergency management activities as the State is vulnerable to a wide range of
emergencies, including natural, manmade, and technological disasters.
Some of these modifications proposed by Governor DeSantis and approved by the Legislature
include:
(1). Requiring a local governmental entity imposing an ordinance or other
measure that deprives a person of a right, a liberty, or property, to prove that the
measure is "narrowly tailored" and serves a "compelling governmental interest"
through the "least intrusive means".
(2). Authorizing the Governor or Legislature to invalidate a city or county
measure that "unnecessarily restricts a constitutional right, fundamental liberty, or
statutory right".
(3). Providing that a city or county emergency order will automatically expire 7
days after its issuance unless extended by a majority vote of the political
subdivision's governing body.
These actions of the Florida Legislature, as it has been reported and evidenced, indicate the
commitment to taking power away from the local governments of Floridians and consolidating
powers within the Legislature and providing that local governments be preempted from acting on
behalf of their citizens in a multiplicity of ways. Indeed, the Florida Association of Counties
initiated a "Preemption Tracker" component of its regular activities and the Florida League of
Cities specifically took a legislative position to oppose the preemption emergency powers of local
governments.
Despite these legislative actions, however, the City is committed to working with the Federal
Emergency Management Agency and the Florida Department of Economic Opportunity relative
to addressing emergencies and disasters that affect the citizens, property owners and residents of
the City. The proposed Ordinance No. 2021-4619, balances the ability of the City to act in a sound
and timely manner to address the needs of the citizens, property owners and businesses of the City
while ensuring compliance with the new controlling provisions of State law.
LEGAL REVIEW:
The Assistant City Attorney prepared the attached Ordinance and otherwise assisted in this matter.
The City Commission approved the first reading of Ordinance No. 4619 on September 13, 2021.
The City Clerk published notice of the 2" d Public Hearing in the Sanford Herald on September 26,
2021.
RECOMMENDATION:
Staff recommends that the City Commission adopt Ordinance No. 2021-4619.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2021-4619."
Attachment: Ordinance No. 2021-4619.
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