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.