Governor Ron DeSantis issues Executive Order 21-105

Today, Governor Ron DeSantis issued Executive Order 21-105 (Emergency Management – Colonial Pipeline).

(Emergency Management – Colonial Pipeline)
WHEREAS, on May 7, 2021, Colonial Pipeline, a major U.S. fuel pipeline operator, was the target of a cyberattack that disabled certain computer systems responsible for sustaining pipeline operations; and
WHEREAS, as a result of the cyberattack, Colonial Pipeline was forced to temporarily halt all pipeline operations in order to contain and respond to the attack; and
WHERAS, Colonial Pipeline is responsible for transporting a substantial percentage of all fuel consumed on the East Coast of the United States, including gasoline, diesel, jet fuel, and other refined petroleum products; and
WHEREAS, the disruption of Colonial Pipeline operations poses a significant and immediate threat to the continued delivery of such fuel products to the State of Florida and many other states located in the Eastern United States; and
WHEREAS, the sudden and unexpected closure of Colonial Pipeline and the attending disruption of fuel supplies poses a severe threat to the State of Florida and requires that immediate measures be taken to protect and to facilitate the continued delivery of such fuel products to this State, until such time as Colonial Pipeline operations have fully resumed; and
WHEREAS, as Governor, I am responsible to meet the dangers presented to this State and its people by this emergency.
NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, promulgate the following Executive Order, to take immediate effect:
Section 1.   Because of the foregoing conditions, I declare that a state of emergency exists in the State of Florida.
Section 2.    I designate the Director of the Division of Emergency Management (“Director”) as the State Coordinating Officer for the duration of this emergency and direct him to execute 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 Officer shall confer with the Governor to the fullest extent practicable.  The State Coordinating Officer shall also have the authority to:
  1. Invoke and administer the Emergency Management Assistance Compact (“EMAC”) (sections 252.921-252.9335, Florida Statutes) and other compacts and agreements existing between the State of Florida and other states, and the further authority to coordinate the allocation of resources from such other states that are made available to Florida under such compacts and agreements so as best to meet this emergency.
  2. Seek direct assistance and enter into agreements with any and all agencies of the United States Government as may be needed to meet the emergency.
  3. Direct all state, regional and local governmental agencies, including law enforcement agencies, to identify personnel needed from those agencies to assist in meeting the response, recovery, and mitigation needs created by this emergency, and to place all such personnel under the direct command and coordination of the State Coordinating Officer to meet this emergency.
  4. Designate additional Deputy State Coordinating Officers as necessary.
  5. Suspend the effect of any statute, rule, or order that would in any way prevent, hinder, or delay any mitigation, response, or recovery action necessary to cope with this emergency.
  6. Enter orders as may be needed to implement any of the foregoing powers; however, the requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such orders issued by the State Coordinating Officer, and no such order shall remain in effect beyond the expiration of this Executive Order, to include any extension.
Section 3.  I order the Adjutant General to activate the Florida National Guard, as needed, to deal with this emergency.
Section 4.   I find that the special duties and responsibilities resting upon some State, regional, and local agencies and other governmental bodies in responding to the emergency may require them to suspend the application of the statutes, rules, ordinances, and orders they administer.  Therefore, I issue the following authorizations:
  1. Pursuant to section 252.36(5)(a), Florida Statutes, the Executive Office of the Governor may suspend all statutes and rules affecting budgeting to the extent necessary to provide budget authority for state agencies to cope with this emergency.  The requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the Executive Office of the Governor, and no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extension.
  2. The Secretary of the Florida Department of Transportation (DOT) may:
  3. Suspend enforcement of the registration requirements pursuant to sections 316.545(4) and 320.0715, Florida Statutes, for commercial motor vehicles that enter the State of Florida to provide fuel, emergency services, or supplies; 
  4. Waive the size and weight restrictions for divisible loads on vehicles supporting emergency relief efforts by transporting gasoline, diesel fuel, jet fuel, and other refined petroleum products in Florida.  DOT shall issue permits and such vehicles shall be subject to such special conditions as the DOT may endorse on any such permits; and
  5. Suspend any other statutes or rules necessary to respond to this emergency.
Nothing in this Executive Order shall be construed to allow any vehicle to exceed weight limits posted for bridges and like structures, or relieve any vehicle or the carrier, owner, or driver of any vehicle from compliance with any restrictions other than those specified in this Executive Order, or from any statute, rule, order, or other legal requirement not specifically waived or suspended herein or by supplemental order by the State Coordinating Officer.
  • The Executive Director of the Department of Highway Safety and Motor Vehicles (DHSMV) may:
  • Suspend enforcement of the registration requirements pursuant to sections 316.545(4) and 320.0715, Florida Statutes, for commercial motor vehicles that enter the State of Florida to provide fuel, emergency services, or supplies;
  • Waive the hours of service requirements for such vehicles; and
  • Suspend the enforcement of the licensing and registration requirements under the International Fuel Tax Agreement (IFTA) pursuant to chapter 207, Florida Statutes, and the International Registration Plan (IRP) pursuant to section 320.0715, Florida Statutes, for motor carriers or drivers operating commercial motor vehicles that are properly registered in other jurisdictions and that are participating in emergency relief efforts through the transportation of equipment and supplies or providing other assistance in the form of emergency services.
Recordkeeping and other applicable requirements for existing IFTA and IRP licensees and registrants are not affected by this order.  The DHSMV shall promptly notify the State Coordinating Officer when the waiver is no longer necessary.
Section 5.   All State agencies entering emergency final orders or other final actions in response to this emergency shall advise the State Coordinating Officer contemporaneously or as soon as practicable.
Section 6.   Pursuant to section 501.160, Florida Statutes, it is unlawful and a violation of section 501.204, Florida Statutes, 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 7.  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 thirty (30) days from this date unless extended.