§ 8B-7. Duties of the County Manager.

The Manager shall be responsible for the overall emergency management function in Miami-Dade County, and keep the Mayor and the Board advised of any actions.

(1)

The Manager may mobilize any or all functional parts of Miami-Dade County government, take special actions and put in place all appropriate regulations that will protect the lives and property of the citizens of Miami-Dade County.

(2)

Once a Local State of Emergency has been declared, the Manager is authorized by the Mayor and the Board to order any or all of the following actions:

(a)

Employee Recall Order: An order recalling Miami-Dade County employees from vacation, canceling days off, and mobilizing all personnel required for disaster response;

(b)

Authorize the Department of Procurement to suspend normal leasing and bid procedures to procure space, structures or other items under their normal authority for disaster response determined necessary;

(c)

Authorize procurement of supplies, equipment, and services without formal bidding procedures;

(d)

Evacuation Order: A mandatory order(s) directing the evacuation of appropriate area(s) of Miami-Dade County deemed to be in imminent danger from disaster;

(e)

Curfew: In the period before, or during and immediately after an event, an order imposing a general curfew applicable to Miami-Dade County as a whole, or to geographical area(s) of Miami-Dade County and during hours the Manager deems necessary, and from time to time, to modify the hours the curfew will be in effect and what area(s) it applies to;

(f)

An order requiring any or all commercial establishments located in area(s) of imminent or actual danger to close and remain closed until further order;

(g)

An order requiring the closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are predominantly sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sales of alcoholic beverages, and in which such alcoholic beverages may be removed or made secure from seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, at the discretion of the Manager, be allowed to remain open;

(h)

An order requiring the discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all parts of Miami-Dade County;

(i)

An order requiring the closure of any or all establishments where firearms and/or ammunition are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition, and in which such firearms or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, at the discretion of the Manager, be allowed to remain open;

Note— Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.

(j)

An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other flammable liquid or combustible products in any container other than a gasoline tank properly attached to a gas powered vehicle;

(k)

An order closing to the public any or all public places including streets, alleys, public ways, schools, parks, beaches, amusement areas and public buildings;

(l)

In addition to the provisions of Section 8A-5 of the Code of Miami-Dade County, orders to prevent price gouging for any essential commodity, dwelling unit, or storage facility;

(m)

Orders requesting the conservation of water supplies;

(n)

The Manager shall cause any proclamation ordered by the Mayor or the Board pursuant to the authority of this chapter to be delivered to all news media within Miami-Dade County, and shall utilize whatever available means to give public notice of such proclamation.

(o)

Such other orders as are immediately necessary for the protection of life and property; provided, however that any such orders shall, at the earliest practicable time, be presented to the Board for ratification or confirmation in accordance with this chapter.

(3)

Appoint a Director of the Office of Emergency Management.

(4)

The Manager will require all Miami-Dade County department and agency directors to develop emergency operations plans, establish staff members who will carry out these plans, represent their agencies during a disaster or emergency, and will make available to the Office of Emergency Management twenty-four (24) hour contact information and a system of notification of key employees.

(a)

The directors of all Miami-Dade County departments and agencies that are required to report to and function in the EOC as outlined in the Plan, will appoint no less than six (6) staff members who will form the pool of that department's or agency's representatives that will be assigned to report to the EOC upon activation to represent their department or agency or serve as lead agency for a specific function.

(b)

The directors of all Miami-Dade County departments and agencies will designate each staff member as essential or non-essential as defined in § 8B-2 (14-15). The function and responsibilities of "essential" staff will be outlined in the department's or agency's preparedness plan pursuant to § 8B-9 (1). The directors shall submit a list of all "non-essential" staff members to the Office of Emergency Management each May. These "non-essential" staff members will serve in the Disaster Assistance Employee program.

(5)

The Manager or designee shall present an annual emergency preparedness report to the Board and the Mayor. This report, to be presented in writing, shall ensure that the Board and the Mayor are informed on the status of the ability of Miami-Dade County to prepare for, respond to, and manage disasters and emergencies. This report is pursuant to the Citizens' Bill of Rights, Section 10 of the Miami-Dade County Home Rule Charter and F.S. 252.

(6)

During training or exercises requiring the participation of any or all Miami-Dade County departments or agencies, it shall be the responsibility of the Manager to ensure appropriate participation by said departments in support of the Plan.

(Ord. No. 99-51, § 3, 5-25-99; Ord. No. 03-178, § 1, 7-22-03)