Agenda 03/27/2020 Item #2B03/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.B
Item Summary: Consideration of an emergency order of the Board of County Commissioners of
Collier County, Florida, supplementing Resolution No. 2020-50, Collier County’s Declaration of Local
State of Emergency, to include a mandatory stay-at-home directive for residents, and closings of all non-
essential businesses due to the Coronavirus Disease (COVID-19).
Meeting Date: 03/27/2020
Prepared by:
Title: Operations Analyst, Senior – Administrative Services Department
Name: Bendisa Marku
03/26/2020 1:01 PM
Submitted by:
Title: Department Head - Administrative Svc – Administrative Services Department
Name: Len Price
03/26/2020 1:01 PM
Approved By:
Review:
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 03/26/2020 2:01 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/26/2020 2:06 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2020 1:00 PM
2.B
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EMERGENCY ORDER NO. 2020 - ____
AN EMERGENCY ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
SUPPLEMENTING RESOLUTION NO. 2020-50, COLLIER COUNTY’S
DECLARATION OF LOCAL STATE OF EMERGENCY, TO INCLUDE A
MANDATORY STAY-AT-HOME DIRECTIVE FOR RESIDENTS, AND
CLOSINGS OF ALL NON-ESSENTIAL BUSINESSES DUE TO THE
CORONAVIRUS DISEASE (COVID-19).
WHEREAS, COVID-19 is a respiratory illness caused by a virus that spreads rapidly
from person to person, which may result in serious illness or death, and which constitutes a clear
and present danger to the health, welfare and safety of the citizens of Collier County; and
WHEREAS, on March 1, 2020, Governor DeSantis declared a Public Health Emergency
as a result of COVID-19, and on March 9, 2020, Governor DeSantis issued Executive Order 20-
52, declaring a State of Emergency as a result of COVID-19, which has been supplemented by
subsequent Executive Orders all relating to the threat of COVID-19; and
WHEREAS, on March 16, 2020, the Board of County Commissioners of Collier County,
Florida adopted Proclamation/Resolution No. 2020-50 declaring a state of emergency due to
COVID-19 for all territory within the legal boundaries of Collier County; and
WHEREAS, on March 24, 2020, Florida Governor DeSantis issued Executive Order 20-
83, directing the State Surgeon General and State Health Officer issue public health advisories to
(1) all persons over 65 years of age; and (2) all persons that have a serious underlying medical
condition consistent with CDC guidance; urging them to stay home to limit their risk of exposure
to COVID-19; and further directing the issuance of public health advisories against all social or
recreational gatherings of 10 or more people; urging those who can work remotely to do so; and
WHEREAS, an ever growing number of counties, municipalities, and several states have
adopted versions of “stay at home” or “safer at home” orders designed to protect the health and
well-being of residents to create social distancing, and minimize contact in an effort to limit
community spread of COVID-19; and
WHEREAS, to reduce the spread of COVID-19, the United States Centers for Disease
Control and Prevention (“CDC”) and the Florida State Department of Health recommend
implementation of community mitigation strategies to increase containment of the virus; and
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WHEREAS, it is the duty of Collier County to take protective measures to support the
public health, safety and welfare of the community; and
WHEREAS, COVID-19, which has already adversely impacted businesses throughout
Collier County, presents an immediate and ever-growing threat to the health, safety and welfare
of the citizens of Collier County.
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
1.Safer at Home. Subject to the exceptions set forth below, all persons
living within Collier County are hereby ordered to stay in their homes.
2.Non-essential business and operations must cease. All businesses and
operations in the County, except Essential Businesses and Operations as defined below, are
required to cease all activities within the County except for Minimum Basic Operations, as
defined below. Businesses may continue operations consisting exclusively of employees or
contractors performing activities at their own residences (i.e., working from home). "Minimum
Basic Operations" means the minimum activities necessary to maintain the value of
inventory, preserve plant and equipment condition, ensure security, process payroll and
employee benefits, and facilitate employees working remotely, provided such businesses
shall practice, and ensure persons interacting with and within such businesses practice,
social distancing and all other measures as advised by the CDC.
3.Prohibited activities. All public and private gatherings of any number of people
occurring outside a single household or living unit are prohibited, except as provided for below.
4.People shall remain in their homes except for leaving the home for essential
activities. For purposes of this Order, individuals may leave their residence only for any of the
following essential activities:
a.For health and safety. To engage in activities or perform tasks essential to their
health and safety, or to the health and safety of their family or household members
(including, but not limited to, pets), such as, by way of example only and without
limitation, seeking emergency services, obtaining medical supplies or medication, or
visiting a health care professional.
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b.For necessary supplies and services. To obtain necessary services or supplies for
themselves and their family or household members, or to deliver those services or
supplies to others, such as, by way of example only and without limitation, groceries
and food, household consumer products, supplies they need to work from home, and
products necessary to maintain the safety sanitation, and essential operation of
residences.
c.For outdoor activity. To engage in outdoor activity, provided the individuals
comply with social distancing, and all other measures as advised by the CDC, such
as, by way of example and without limitation, walking, hiking, running, or biking.
d.For certain types of work. To perform work providing essential products and
services at Essential Businesses or Operations.
e.To take care of others. To care for a family member, friend, or pet in another
household, and to transport family members, friends, or pets for activities as allowed
by this Emergency Order.
5.All Essential Businesses and Operations are encouraged to remain open. To
the greatest extent feasible, Essential Businesses and Operations shall comply with Social
Distancing Requirements as defined in this Emergency Order, including by maintaining at least a
six-foot distance between both employees and members of the public at all times, including
when any customers are standing in line.
6.Essential Governmental Functions. For purposes of this Order, all first
responders, emergency management personnel, emergency dispatchers, court personnel, law
enforcement and corrections personnel, hazardous materials responders, child protection and
child welfare personnel, housing and shelter personnel, military, and other governmental
employees working for or to support Essential Businesses and Operations are categorically
exempt from this Order.
7.Collier County is closing to all tourists and leisure visitors. Effective
immediately, no commercial lodging establishment or short-term vacation rental (as defined by
less than 30 days) shall accept reservations until further notice. Existing guests may shelter in
place. Commercial lodging establishments and short-term vacation rentals are encouraged to
give priority to "Essential Lodgers" which are defined as: (1) healthcare professionals; (2)
first responders; (3) National Guard members; (4) law enforcement; (5) government
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employees; (6) airline crewmembers; (7) patients; (8) patients' families; (9) journalists; (10)
others providing direct services in response to COVID-19; (11) persons sheltering in hotels
due to domestic violence; (12) hotel employees, service providers, and contractors; or (13)
individuals who, for any reason, are temporarily unable to reside in their home due to
exigent circumstances.
8.The following retail and commercial businesses are deemed Essential
Businesses and Operations. Existing retail and commercial business locations of the
following businesses may remain open, but shall practice social distancing and all other
measures as advised by the CDC:
a.Healthcare providers and public health operations, including but not limited
to: hospitals; doctors' and dentists' offices; urgent care centers, clinics, and
rehabilitation facilities; chiropractors; physical therapists; mental health
professionals; psychiatrists; therapists; blood banks, medical equipment,
devices, and other healthcare manufacturers and suppliers; reproductive
health care providers; eye care centers; home healthcare services providers;
substance abuse providers; medical transport services; and pharmacies
except to the extent precluded by the Governor's Executive Order 20-72 or
any subsequent Executive Order;
b.Grocery stores, farmers' markets, farm and produce stands, supermarkets,
food banks, convenience stores, and other establishments primarily engaged
in the retail sale of food. This authorization to remain open includes stores
that sell groceries and also sell other non-grocery products, and products
necessary to maintaining the safety, sanitation, and essential operations of
residences and other structures;
c.Businesses engaged in food cultivation, including farming, livestock, and fishing;
d.Businesses that provide food, shelter, social services, and other necessities
of life for economically disadvantaged or otherwise needy individuals;
e.Newspapers, television, radio, and other media services;
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f.Gas stations, auto-supply, and automotive sales and repair facilities;
g.Banks and related financial institutions, but excluding pawn shops;
h.Hardware, gardening, and building material stores;
i.Construction sites, as well as Contractors and other tradesmen, building and
apartment management and maintenance, janitorial companies servicing
commercial businesses, home security firms, fire and water damage
restoration appliance repair personnel, pest control, exterminators, and other
service providers who provide services that are necessary to maintaining the
safety, sanitation, and essential operation of residences and other structures;
j.Businesses primarily providing mailing, logistics, pick-up, and shipping
services, including post office boxes;
k.Private colleges, trade schools, and technical colleges, but only as needed to
facilitate online or distance learning, perform critical research, or perform
essential functions, and university, college, or technical college residence
halls, but only to the extent needed to accommodate students who cannot
return to their homes;
l.Laundromats, dry cleaners, and laundry service providers;
m.Restaurants and other facilities that prepare and serve food, but subject to
the limitations and requirements of the Governor's Executive Orders 20-68,
20-70, and 20-71 and any subsequent Executive Orders;
n.Businesses that primarily supply office products needed for people to work
from home (but not including businesses that primarily sell or lease
furniture);
o.Businesses that primarily supply other essential businesses and operations as
stated in this Order, with the support or supplies necessary to operate, and
which do not interact with the general public, including cybersecurity firms
(but not including businesses that primarily sell or lease furniture);
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p.Businesses that primarily ship or deliver groceries, food, goods, or services
directly to residents;
q.Airlines, taxis, buses and other private transportation providers.
r.Businesses engaged in providing home-based care for seniors, adults, or
children;
s.Assisted living facilities, nursing homes, adult day care centers, and
homebased and residential settings for adults, seniors, children, and/or
people with disabilities or mental illness;
t.Businesses providing professional services, such as legal or accounting
services, to the extent those services are necessary to respond to legally
mandated activities;
u.Childcare facilities providing services that enable employees employed by
employers exempted in this Order to work as permitted;
v.Logistics providers, including warehouses, trucking, consolidators,
fumigators, and handlers;
w.Telecommunications providers, including sales of computer or
telecommunications devices and the provision of home telecommunications;
x.Businesses engaged in the provision of propane or natural gas;
y.Businesses engaged in the provision of office space and administrative
support necessary to perform any of the above-listed activities;
z.Businesses providing architectural, engineering, or land surveying services,
but only with regard to ongoing construction projects in which construction
has already commenced and provided that such businesses operate in full
compliance with all measures advised by the CDC regarding social
distancing;
aa.Factories, warehouses, manufacturing facilities, bottling plants, or other
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industrial distribution and supply chain facilities used for essential products
and industries;
bb.Waste management services, including business engaged primarily in the
collection and disposal of waste;
cc.Hotels, motels, other commercial lodging establishments, and short-term
rentals, subject to the limitations stated in the Governor's Executive Order
20-70.
dd.Veterinarians, pet stores and pet boarding facilities;
ee.Mortuaries, funeral homes, and cemeteries including funeral and cremation
services;
ff.Businesses providing services to any local, state, or federal government,
pursuant to a contract with such government and provided such services
relate directly to a governmental response to the COVID-19 crisis;
gg.Any business that employs five or fewer persons, including
management/ownership, where the employees do not come in regular
contact with the general public in the regular course of business and the
business can conduct its business in a manner that complies with the
recommended social distancing and other requirements of previous
executive orders, except to the extent inconsistent with any Executive
Order or regulation issued by the Governor of Florida, the state, or any
federal authority;
hh.Electrical production and distribution services; and
ii.Marinas.
9.In addition to any permitted Minimum Basic Operations, all retail and
commercial businesses may perform remote work so that a business's employees may
interact with each other and/or with customers solely through electronic or telephonic
means, and deliver services or products via only electronic means or mailing, shipping, or
delivery services;
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10. Appeal of non-essential business designations may be requested by businesses
not included under this order. Such review will be done by the County Manager or his
designee.
11.This Order does not affect or limit the operations of Collier County, any
public utility, any municipality, the Collier County School District, any other local
government entity in Collier County, or any State or Federal office or facility.
12.This Order does not limit the number of persons who may be physically
present and performing services on-site related to the operations of an Essential Business or
Operation except as expressly set forth herein or otherwise governed by any County, State
or Federal order or regulation. All such persons are required to the full extent practicable to
operate in full compliance with all measures advised by the CDC including practicing social
distancing such as keeping at least six feet between persons and limiting group size to less
than ten people.
13. This Order does not limit religious services at any location, but all persons
performing or attending religious services are recommended to comply with all measures
advised by the CDC, including limiting gatherings to no more than ten people and practicing
social distancing of at least six feet between persons.
14.Groups of ten or more gathering are discouraged and may be ordered to
disperse.
15.Applicability. The provisions of this Order shall serve as minimum
standards, and in no way modify any power possessed by municipalities within Collier
County to impose more stringent standards within their jurisdictions. This Order shall apply
to retail and commercial businesses based upon their regular business.
16.Severability. Any provision(s) within this Order that conflict(s) with any
State or Federal law or constitutional provision, or conflict(s) with or are superseded by a
current or subsequently-issued Executive Order of the Governor or the President of the
United States, shall be deemed inapplicable and deemed to be severed from this Order, with
the remainder of the Emergency Order remaining intact and in full force and effect. To the
extent application of some or all of the provisions of this Order is prohibited on the
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sovereign land of a federally or state recognized sovereign Indian tribe, such application is
expressly excluded from this Order.
17.Effective Date; Duration. This Order shall be effective as of 12:01 a.m. on
March 28, 2020, and shall expire of 11:59 p.m. on April 17, 2020, unless earlier terminated
by subsequent Order.
18.This Order is in addition to the Executive Orders issued by Governor DeSantis,
including Emergency Orders 20-70 and 20-71, as may be amended from time to time.
19.This Order applies to incorporated and unincorporated areas within Collier
County.
20.Prior Emergency Resolutions remain in force and effect unless expressly
modified or superseded.
21.The County will direct any establishment to cease and desist operations that
are in violation of this Order and may treat violations as a violation of County ordinance.
Notwithstanding this, any violation of these emergency measure(s) shall be a violation of
§252.50, Florida Statutes, and may be punishable as provided therein.
THIS ORDER ADOPTED after motion, second, and majority vote favoring same this
___ day of March, 2020.
ATTEST:BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: ________________________________By: ________________________________
, Deputy Clerk BURT L. SAUNDERS, Chairman
Approved as to form and legality:
________________________________
Jeffrey A. Klatzkow, County Attorney
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