Sequence of Events Leading to a Presidential Declaration
Immediately following a disaster an Initial Damage Assessment must be performed by the local jurisdiction to assess the impact of the disaster. This assessment should provide a rough estimate of the extent and location of damages. Often this will require the coordination of the various municipal governments who will also perform their own damage assessments. When the information has been collected, it is transmitted to the Florida Division of Emergency Management.
Local Declaration of Emergency
Local jurisdictions have the authority to declare, by resolution, a local "state of emergency" pursuant to Section 252.38(3)(a)5., Florida Statutes . Even though a local state of emergency declaration can be initiated by a county at any time, it should be declared prior to requesting response or recovery assistance from the state. Doing so informs state decision makers that an emergency situation exists beyond the response or recovery capabilities of the local jurisdiction.
The enactment of such a declaration will enable counties to:
- Request state assistance, if needed;
- Invoke emergency related mutual-aid assistance; and
- Waive the procedures and formalities otherwise required of the political subdivision by law, to respond to the emergency.
These measures pertain to:
- the performance of public works;
- entering into contracts;
- incurring obligations;
- hiring permanent/temporary workers;
- using volunteers;
- securing rental equipment;
- the acquisition and distribution of supplies;
- the appropriation and expenditure of public funds;
- price gouging;
- transportation regulations; and
- resource management.
State of Emergency
If a county determines the emergency or disaster is beyond its ability to effectively respond, a state of emergency can be declared by the governor through an executive order or proclamation. The action of the governor will be in support of the local jurisdiction's expressed needs. The declaration of a state of emergency by the governor serves to:
Activate the emergency response, recovery and mitigation phases of the state and local emergency management plans; and
Provide authority for the mobilization and deployment of all resources to which the plans refer to Section 252.31-60, Florida Statutes, or any other provision of law relating to emergencies.
Preliminary Federal/State/Local Damage Assessment
Once the state has received the initial damage assessment data and information, the state, the Federal Emergency Management Agency and the Small Business Administration may conduct a Joint Preliminary Damage Assessment with the affected county government. This action is taken to verify the severity of the impact and justify the need to pursue a request for federal assistance. To learn more about Individual Assistance Preliminary Damage Assessments, see the IA PDA page.”
Request for Presidential Disaster Declaration
When state and local resources are inadequate to effectively respond to an emergency or major disaster, Public Law 100-707 allows for federal assistance through a Presidential Disaster Declaration. This assistance is requested by the governor if the situation meets the criteria for a declaration. The governor submits a written request to the president through the Federal Emergency Management Agency, Region IV, in Atlanta. If the Federal Emergency Management Agency develops information to supplement the governor's request, this is sent to the president who determines the final disposition. The disposition of the request is transmitted through the Federal Emergency Management Agency Region IV back to the governor.
Updated:
May 19, 2011 16:24
