Emergency/Executive Order 2020-01 16K5
EMERGENCY/EXECUTIVE ORDER NO. 2020 - 01
AN EMERGENCY/EXECUTIVE ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING
THE USE OF COMMUNICATIONS MEDIA TECHNOLOGY FOR
LOCAL GOVERNMENT PUBLIC MEETINGS
WHEREAS, Collier County is under Federal, State, and Local States of Emergency for
the COVID-19 virus pursuant to Executive Orders of the Governor for the State of Florida (EO
Nos. 20-51 and 20-52) and the Collier County 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, Collier County's Proclamation, in accordance with Chapter 252, Florida
Statutes, authorizes the County to take all necessary action and issue any necessary orders to
protect human health and safety; and
WHEREAS, the President of the United States in conjunction with the U.S. Department
of Health & Human Services through its Centers for Disease Control and Prevention (CDC) has
issued community mitigation strategies which recommend aggressive social distancing measures,
such as avoiding gatherings of more than 10 people; and
WHEREAS, recognizing the compelling need to protect life while at the same time
maintaining the functioning and continuity of government, the Governor issued Executive Order
20-69 (EO 20-69), which suspends the requirement that local governing bodies have a quorum
physically present in a specific public place to conduct public meetings; and
WHEREAS, EO 20-69 specifically authorizes the use of communications media
technology, as provided in Section 120.54(5)(b)2., Florida Statutes, to conduct meetings of local
governing bodies; and
WHEREAS, the use of communications media technology during the declared state of
local emergency due to COVID-19 to conduct meetings of the Board of County Commissioners
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and its advisory boards, councils, and committees will allow governance to continue while
protecting the health and safety of elected officials, staff, and the general public; and
WHEREAS, neither EO 20-69 nor this Emergency Order suspend the requirements of
Florida's public records laws in any way or the Sunshine Law beyond the specific, discrete
parameters explicitly set forth in EO 20-69 and this Emergency Order.
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. The above recitals are true and correct and are incorporated herein.
2. The Collier County Hybrid Remote Public Meeting Procedures, attached hereto, are
hereby adopted and incorporated herein.
3. This Order shall expire at the expiration of EO 20-69, including any extensions.
4. This Order shall be effective upon filing with the Clerk in accordance with section
252.46, Florida Statutes.
THIS ORDER ADOPTED after motion, second, and majority vote favoring same this
28th day of April, 2020.
ATTEST: *"'" ' BOARD OF COUNTY COMMISSIONERS
CRYSTA l I , CLERK COLLIER COUNTY, FLORIDA
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By: 4e.yiltidele0A64—
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/ . e. . By:
Flit t0 r, ,,eputy Clerk BURT L. SAUNDERS, Chairman
Si ' aft;+n. .••• '� js
Appro ;,! an• legality:
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Jeffrey • r Kl. 1' ow, County Attorney
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Collier County Hybrid Remote Public Meeting Procedures
As recognized and authorized by Governor DeSantis' Executive Order No. 20-69, the
COVID-19 pandemic has created the need to modify procedures for public meetings to
enable official public business to be conducted. These procedures are applicable when a public
meeting is conducted utilizing both in-person and remote participation (hybrid remote public
meeting). These procedures may be modified to permit various options for public participation
during meetings and alternative technical solutions.
1. A hybrid remote public meeting may be conducted to facilitate the telephonic or remote
participation of members of boards/committees/agencies, staff and consultants during the
pendency of the COVID-19 pandemic. Such meetings will be conducted to be consistent with
Chapter 28-109,Conducting Proceedings by Communications Media Technology,a copy of which
is attached hereto.
2. Social distancing guidelines shall be applicable to both remote and in-person components
of a hybrid remote public meeting.
3. Committee or board members in a hybrid remote public meeting shall count toward a
quorum requirement as if they were physically present, irrespective of whether any County
ordinance or resolution requires a physical quorum to be present.
4. A hybrid remote public meeting may be conducted for any public hearing including quasi-
judicial proceedings, provided that all legal requirements can be met.
5. Participants required to provide sworn testimony as part of a hybrid remote public meeting
must be physically present.
6. Public access to a hybrid remote public meeting must be provided where those participating
in-person are physically located. Members of the public who are participating in-person will be
allowed to speak during the public comment portion of a hybrid remote public meeting.
7. An opportunity for remote public comment will also be provided. Information about how
to register in-advance will be included in the public meeting notice and any public outreach
information to include a deadline for registering. Those registering to speak will be provided call-
in information and will be called upon individually during the appropriate public comment period.
All comments must be civil and appropriate in a public context. Violators will be muted.
8. Until further notice all hybrid remote public meetings will be conducted in the:
HARMON F. TURNER ADMINISTRATIVE BUILDING, 3299 TAMIAMI TRAIL EAST,
3rd FLOOR,NAPLES, FLORIDA 34112.
9. Conducting a hybrid remote public meeting requires the approval of the County
Manager. The County Manager is the final decision-maker on all scheduling conflicts.
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10. As soon as possible prior to the desired meeting date, Staff considering a hybrid remote
public meeting must:
a. Obtain approval of the County Manager or his designee. Staff will submit to the
County Manager or his designee a proposed plan for the meeting, which will include
all staff responsible for or to be in attendance at the meeting; the date, place and time
of the proposed meeting; and the manner in which the proposed meeting will be
conducted. If approved,
b. Contact the County Attorney who will review the proposed process to assure all legal
requirements can be met.
c. Staff will coordinate with(1) the Communications or Television Operations Manager
to ensure that any audio/video needs will be in place; and (2) IT to ensure that all
technology components for public comment and remote meeting operations have been
provided, as well as any other audio/video needs.
d. Staff will coordinate with the Chair and other members of the committee or board.
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11. Staff will ensure that individuals who will be participating remotely will be given written
instructions on how to participate remotely.
12. There is no requirement that any board or committee member be physically present, but if a
member is physically present, such member shall chair the meeting as follows. If the Chairman
or the Vice-Chairman are not physically present for the meeting,the immediate past Chairman if
physically shall act as temporary Chairman for that meeting, and if there is no immediate past
Chairman, then the longest tenured member of the committee or board who is physically present
shall so act. To ensure that all individuals have been heard, the chair of the meeting should
repeatedly and loudly ask if there are any other comments/questions.The chair may conduct a roll
call vote and may want to conduct a roll call for comments to ensure everyone has the opportunity
to speak without speaking over each other.
13. All individuals participating in hybrid remote public meetings must identify themselves
each time they speak.
14. Individuals participating by phone will not have the benefit of visual presentations unless
the meeting is televised or conducted using remote access software. Individuals participating by
phone and those in attendance must keep in mind that there is a delay in the broadcast. The chair
may need to account for this as he conducts the meeting.
15. These procedures may be modified by the County Manager, provided that such
modifications are consistent with law, including Governor DeSantis' Executive Order No. 20-69,
as modified, and Chapter 28-109, Conducting Proceedings by Communications Media
Technology.