STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In re:
OGC NO. 98-2825
DEP98-1567
THIRD AND FINAL EXTENSION OF EMERGENCY ORDER
FOR REPAIRS, REPLACEMENT, RESTORATION,
AND CERTAIN OTHER MEASURES MADE NECESSARY
BY HURRICANE GEORGES IN MONROE COUNTY
ORDER GRANTING THIRD AND FINAL EXTENSION OF
EMERGENCY FINAL ORDER--OGC No. 98-2617
Under sections 120.569(2)(n) and 252.36 of the Florida Statutes, and Executive Order No. 98-232 and extensions
thereof, and Presidential Order No. FEMA-313I-EM and extensions thereof, and upon consideration of the following, the
State of Florida Department of Environmental Protection (the Department) enters this order granting a third and final
extension of the duration of Emergency Final Order--OGC No. 98-2617--entered on September 30, 1998 (the Emergency
Final Order)--regarding emergency authorization for repairs, replacement, restoration, and certain other measures made
necessary by Hurricane George's in Monroe County. This Order includes findings of fact and conclusions of law in
response to the continuing imminent or immediate danger to the public health, safety, and welfare of the citizens of the
State of Florida resulting from the devastation wrought by Hurricane Georges in Monroe County.
FINDINGS OF FACT
1 . The findings of fact contained in the Emergency Final Order are incorporated herein by reference.
2. On September 25, 1998, Hurricane Georges struck Florida with reported maximum sustained winds of
approximately 95 miles per hour with gusts up to 115 miles per hour and an approximate storm surge of up to seven feet.
The storm caused widespread damage in Monroe County.
3. On September 30, 1998, the Department entered the Emergency Final Order authorizing certain emergency
repairs, replacement, restoration, and other measures made necessary by Hurricane Georges in Monroe County. The
Emergency Final Order provided that unless it was extended it would expire on October 30, 1998. On October 27, 1998,
and January 22, 1999, the Department entered orders extending the duration of the Emergency Final Order to and
including March 21, 1999.
4. Based on continuing field inspections and other investigations conducted from February 15 through March 12,
1999, the Department has determined that, except for repairs to a significant number of docking facilities and marinas, the
necessary emergency repairs have been completed. Therefore, no extension of the provisions of paragraphs I through 5
and 7 of the Emergency Final Order is needed. However, an extension of paragraph 6 concerning environmental resource
permitting, related paragraphs 8 through 11, certain portions of paragraph 12 concerning environmental resource
permitting, and paragraphs 13a through 1-5, is appropriate because a significant number of property owners who have
previously received authorization to make repairs under the Emergency Final Order have not been able to meet the
requirement of commencing construction due to backlogs of work in the schedules of available contractors.
5. Accordingly, there is a continuing imminent or immediate danger to the public health, safety, and welfare of the
citizens of the State of Florida resulting from the devastation wrought by Hurricane Georges in Monroe County.
6. The Department finds that an extension of the duration of selected portions of the Emergency Final Order as set
forth above is required to address the continuing need for immediate action.
7. Paragraph 14 of the Emergency Final Order provides that the duration of the Emergency Final Order may be
extended by further order of the Department.
8. The Department finds that immediate, strict compliance with the provisions of the statutes and rules related to
environmental resource permitting for activities included under paragraph 6 of the Emergency Final Order would prevent,
hinder, or delay necessary action in coping with the continuing emergency.
CONCLUSIONS OF LAW
1. Based on the findings recited above, it is hereby concluded that the emergency caused by Hurricane Georges
poses a continuing and immediate danger to the public health, safety, or welfare in Monroe County and requires an
extension of the provisions of selected portions of the Emergency Final Order as set forth above.
2. Under section 120.569(2)(n) of the Florida Statutes, the Secretary of the Department is authorized to issue this
Order extending the duration of the Emergency Final Order.
3. Continued suspension of statutes and rules related to environmental resource permitting for activities Included
under paragraph 6 of the Emergency Final Order is required to prevent the hindrance or delay of necessary action in
coping with the continuing emergency.
THEREFORE, IT IS ORDERED:
The provisions of paragraph 6 concerning environmental resource permitting, related paragraphs 8 through 11,
certain portions of paragraph 12 concerning environmental resource permitting, and paragraphs 13a through 15 of the
Emergency Final Order--OGC No. 98-2617--entered on September 30, 1998--as extended, regarding emergency
authorization for repairs, replacement, restoration, and certain other measures made necessary by Hurricane Georges in
Monroe County, is hereby further extended to and including May 20, 1999. All work authorized under the Emergency Final
Order, as extended, must be commenced on or before May 20, 1999, and must be completed within six months of
commencement. No further extensions of the Emergency Final Order will be granted and a work commenced after May
20, 1999, will be subject to all applicable statutes and rules.
DONE AND ORDERED on this ______ day of March, 1999 in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
_______________________________
DAVID B. STRUHS
Secretary
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, FL 32399-3000
NOTICE OF RIGHTS
Any person substantially affected by this Order has the right to seek judicial review of it under section 120.68 of
the Florida Statutes, by filing a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure, with the
Clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee,
Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the
appropriate district court of appeal. The notice of appeal must be filed within thirty days after this order is filed with the
Clerk of the Department.