EXECUTIVE ORDER NUMBER 2001-261
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EXECUTIVE ORDER NUMBER
01-261
WHEREAS, the Florida National Guard has the statutory responsibility to
provide support to law-enforcement personnel and emergency-management
personnel in the event of civil disturbances or natural disasters; and
WHEREAS, the Florida National Guard has the responsibility to provide
training support to law-enforcement personnel and community-based
organizations relating to counter drug operations; and
WHEREAS, the Florida National Guard must train to meet such responsibilities; and
WHEREAS, the Florida National Guard is funded for any such training by
budgetary appropriation or grants before any such training; and
WHEREAS, the Florida National Guard must conduct such training in
active service of the state, as defined by Section 250.27, Florida Statutes
(also known as active military service and state active duty) for members
of the Florida National Guard to be covered by Section 250.34, Florida
Statutes; and
WHEREAS, as Governor, I may delegate the authority contained in
Section 250.06(4), Florida Statutes, to order training to help respond
to
civil disturbances, natural disasters, and counter drug operations to The
Adjutant General of the State of Florida; and
WHEREAS, it is in the best interest of the State of Florida that I delegate
such authority, so that the Florida National Guard is adequately trained
to
meet its obligation to help respond to civil disturbances, natural disasters,
and counter drug operations and so that members of the Florida National
Guard performing such training are covered by Section 250.34, Florida Statutes;
and
WHEREAS, the Governor may order the Florida National Guard to provide
extraordinary support to law enforcement upon request and such a request
has been
received from the Florida Department of Law Enforcement (FDLE) to assist
FDLE
in performing port security training and inspections.
NOW, THEREFORE, I, JEB BUSH, as Governor of Florida, by virtue of
the authority vested in me by Article IV, Section 1(a) of the Florida Constitution,
and by Section 250.06(4), Florida Statutes, and all other applicable laws,
do hereby
promulgate the following Executive Order, to take immediate effect:
Section 1.
Based upon the foregoing, I hereby find that the public welfare requires
that the Florida National Guard train to support law-enforcement
personnel and emergency-management personnel in the event of civil
disturbances or natural disasters and to provide training support to
law-enforcement personnel and community-based organizations relating to
counter drug operations.
Section 2.
I hereby delegate to The Adjutant General of the State of Florida all
necessary authority, within approved budgetary appropriations or grants,
to order members of the Florida National Guard into active service, as
defined by Section 250.27, Florida Statutes, for the purpose of training
to
support law-enforcement personnel and emergency-management personnel
in the event of civil disturbances or natural disasters and to provide
training
support to law-enforcement personnel and community-based organizations
relating to counter drug operations.
Section 3.
The Florida National Guard may order selected members on to state
active duty for service to the State of Florida pursuant to Section
250.06(4), Florida Statutes, to assist FDLE in performing port security
training and inspections. Based on the potential massive damage to life
and property that may result from an act of terrorism at a Florida port,
the
necessity to protect life and property from such acts of terrorism, and
inhibiting the smuggling of illegal drugs into the State of Florida, the
use of
the Florida National Guard to support FDLE in accomplishing port security
training and inspections is "extraordinary support to law enforcement"
as
used in Section 250.06(4), Florida Statutes.
Section 4.
The Adjutant General shall not place members of the Florida National
Guard into active service for longer than necessary to accomplish the
purposes declared herein.
Section 5.
This Executive Order supersedes Executive Order Number 01-17.
Executive Order Number 01-17 is hereby revoked.
Section 6.
This Executive Order shall remain in full force and effect until the earlier
of
its revocation or June 30, 2003.
IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused
the Great Seal of the State of Florida to be affixed at Tallahassee, the
Capitol,
this 7th day of September 2001.