Resolution No. 24-75 Order Extending the State of Local Emergency for Hurricane Helene and Hurricane Milton
WHEREAS, Hurricane Helene and Hurricane Milton caused substantial damage to public buildings, public streets and roads, public drainage systems, commercial and residential buildings, and constitutes an ongoing Emergency; and
WHEREAS, the Governor of the State of Florida, in Executive Order 24-208 and Executive Order 24-209 (executed for Hurricane Helene) and Executive Order 24-214 and Executive Order 24-215 (executed for Hurricane Milton), found that a state of emergency exists within specified Counties within the State of Florida, including Pinellas County, and in coordination with ongoing emergency actions by the state and federal governments, the Pinellas County Board of County Commissioners (Board) passed Resolution 24-68 declaring a state of local emergency in Pinellas County; and
WHEREAS, the County Administrator was expressly delegated the authority to extend the declaration of the state of local emergency as many times as necessary, without the need for further action by the Board, and regardless of whether or not a quorum of the Board is able to meet; additionally, any procedures set out in the Pinellas County Code that may be interpreted to be in conflict with this grant of authority were waived by action of the Board in Resolution 24-70; and
WHEREAS, in accordance with Florida Statute 252.38(3)(a)(5) such declarations are limited to a duration of 7 days, after which they may be extended for additional periods of 7 days, as necessary; and
WHEREAS, in order to fully and effectively continue the various response and recovery efforts needed due to the scope and scale of destruction in Pinellas County, and to ensure the health, safety, and welfare of the community, continuing the state of local emergency is necessary; and
WHEREAS, Section 252.38(3)(a)5, Florida Statutes, provides authority for a political subdivision such as Pinellas County to exercise emergency powers; and
WHEREAS, Pursuant to §252.38(1), Florida Statutes, and Pinellas County Charter section 2.04 (k), the County has jurisdictional authority over the entire county for emergency management purposes.
NOW THEREFORE, BE IT RESOLVED AND DECLARED by the County Administrator, this 28th day of October 2024:
1) That based on the facts and circumstances as outlined above there exists a legal and factual basis for the County to remain under a State of Local Emergency until 9:30 a.m. November 4, 2024, and the State of Local Emergency is hereby extended until such time.
2) Subsequent extensions made to Resolution 24-68 (declared for Hurricane Helene and Hurricane Milton), may be made as necessary, and executed by either the Board or the County Administrator.
Effective Date; Duration.
This Order is effective immediately upon filing with the Clerk of the Circuit Court.
This Order applies to incorporated and unincorporated areas within Pinellas County, but has no application outside of Pinellas County.
This order and prior resolutions and emergency orders remain in full force and effect unlessmodified or superseded.
Ordered this 28th day of October 2024, at 9:30 a.m.
Signed by
Barry Burton
County Administrator
PCAO 493162
APPROVED AS TO FORM BY
Keiah Townsend
Office of the County Attorney
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