Chapter 66 - Health and SanitationChapter 66
HEALTH AND SANITATION*
Article I. In General
Sec. 66-1. Implementation of the clean indoor air act.
Sec. 66-2. Approval of sewage disposal system required prior to issuance of
building permit.
Secs. 66-3—66-25. Reserved.
Article II. Reserved
Secs. 66-26—66-55. Reserved.
Article III. Fees for Health Related Services
Division 1. Generally
Sec. 66-56. Title and citation.
Sec. 66-57. Findings and purpose.
Sec. 66-58. Applicability.
Sec. 66-59. Establishment.
Sec. 66-60. Billing and collection procedure.
Sec. 66-61. Medicaid billings.
Sec. 66-62. Medicare billings and other third party billings.
Sec. 66-63. Alternative methods of payment.
Sec. 66-64. Civil action procedures.
Secs. 66-65—66-70. Reserved.
Division 2. County-Provided Ambulance Services Billing and Collection
Procedure
Sec. 66-71. Findings and purpose.
Sec. 66-72. Title and citation.
Sec. 66-73. Applicability.
Sec. 66-74. Rates, fees and charges.
Sec. 66-75. Billing and collection procedures.
Sec. 66-76. Medicare and Medicaid billings.
Sec. 66-77. Third party billing.
Sec. 66-78. Alternative methods of payments.
Secs. 66-79—66-85. Reserved.
Article IV. Food Service Establishments
Sec. 66-86. Definitions; law incorporated by reference.
Sec. 66-87. Penalty.
Sec. 66-88. Appeals.
Sec. 66-89. Permit required; not transferable; revocation.
Sec. 66-90. Permit application and issuance.
Sec. 66-91. Inspections.
*Cross references—Health facilities authority, § 2-846 et seq.; animals, ch. 14; dangerous buildings, § 22-226 et seq.;
emergency medical services advisory council, § 50-26 et seq.; medical transportation services, § 50-51 et seq.; environment, ch.
54; social services, ch. 114; solid waste, ch. 118.
Special act references—Child care centers, § 218-26 et seq.; special acts pertaining to health and sanitation, ch. 234.
State law references—Authority to provide health programs, welfare programs and hospitals, F.S. § 125.01(1)(e); public
health facilities, F.S. ch. 154; public health and social welfare generally, F.S. chs. 381—430.
CD66:1Supp. No. 110
Sec. 66-92. Food establishment review board.
Secs. 66-93—66-115. Reserved.
Article V. Public Swimming Pools
Sec. 66-116. Regulations incorporated by reference and definitions.
Sec. 66-117. Pool operator's certificate.
Sec. 66-118. Procedure for obtaining a pool operator's certificate.
Sec. 66-119. Swimming pool water quality.
Sec. 66-120. Plumbing inspections.
Sec. 66-121. Violations.
Sec. 66-122. Fees.
Secs. 66-123—66-150. Reserved.
Article VI. Collier County Health Freedom Bill of Rights
Sec. 66-151. Title.
Sec. 66-152. Purpose and Intent.
Sec. 66-153. Definitions.
Sec. 66-154. Applicability.
Sec. 66-155. COVID-19 vaccine documentation prohibited.
Sec. 66-156. Private employer COVID-19 vaccination mandates prohibited.
Sec. 66-157. Vaccination mandates for Collier County employees.
Sec. 66-158. Mask Mandates and Quarantine.
Sec. 66-159. Vaccine Passports.
Sec. 66-160. Directives from the World Health Organization and Other
International Bodies.
Sec. 66-161. Florida Patient's Bill of Rights and Responsibilities.
Sec. 66-162. Penalties.
Secs. 66-163—66-185. Reserved.
COLLIER COUNTY CODE
CD66:2Supp. No. 110
HEALTH AND SANITATION §66-25
ARTICLE I. IN GENERAL developer shall, as part of the building
permit application, show on the plans
Sec. 66-1. Implementation of the clean in- connection to such system and shall fur-
door air act. nish a binding letter or agreement from
the appropriate agency or operator to the
The Florida Clean Indoor Air Act, F.S. ch. 386, effect that the agency or operator has
is hereby adopted for all government buildings authority to serve the structure, that the
within the county. system has capacity to serve the struc-
(Ord. No. 88-43, § 1) ture, and that such capacity has been
State law reference—Florida Clean Indoor Air Act,F.S.
386.201 et seq. reserved for the structure.
(2) In cases where the structure must be
Sec. 66-2. Approval of sewage disposal sys-
served by an on-site treatment facility,
tem required prior to issuance of the developer shall,as part of the building
building permit. permit application,submit a certified copy
(a) Written approval required.No building per- of the DER construction permit for said
mit shall be issued for any structure in which on-site treatment facility or such other
plumbing fixtures are installed requiring the use approved construction permit as may be
of an on-site treatment facility or central sewage applicable.
disposal system unless the developer has received
written approval in accordance with this section. (3) Upon submission of the necessary docu
ments,the building official shall transmit
(b) Definitions.The following words,terms and same to the utility director, who shall
phrases,when used in this section, shall have the review and issue his written approval to
{ meanings ascribed to them in this subsection, the developer with a copy to the building
`1/ except where the context clearly indicates a dif- official. The building official shall not is-
ferent meaning: sue a building permit unless such ap-
(1) Approval means a signed statement from proval has been received. No approval
the utility director of the county that the shall be issued by the utility director
requirements of this section have been unless he determines that there is ade-
met and that adequate assurance of ser quate assurance of service. "Adequate as-
vice has been provided. surance of service" shall mean a substan-
tial probability that all events and
(2) Central sewage disposal system means a conditions which must occur to provide
system operated by a governmental agency service at the time a certificate of occu-
or private operator,which agency or oper- pancy may be issued will in fact occur.
ator has authority to serve the lands upon
which the structure is to be located. (d) Penalty and enforcement. Any person vio-
(3) Developer means any person undertaking lating any provisions of this section shall, upon
or participating in the development of conviction,be liable to a fine not exceeding$300.00
or imprisonment not to exceed 90 days or both
land or the construction of buildings. such fine and imprisonment. The board of county
(4) Structure means any building in which commissioners shall have the right to enforce this
plumbing fixtures are installed except those section through appropriate writ.
for which septic tanks are permitted by (Ord. No. 80-112, §§ 1-3, 5)
applicable state law. Cross references—Building permits, § 22-46 et seq.;
sewage systems,§ 134-136 et seq.
(c) Method of obtaining approval. State law reference—Penalty for ordinance violations,
F.S.§ 125.69.
(1) In cases where the structure will be re-
quired to connect or is proposed to connect
to a central sewage disposal system, the Secs. 66-3-66-25. Reserved.
Supp.No.52 CD66:3
.. §66-26 COLLIER COUNTY CODE
ARTICLE II. RESERVED* as the rates,fees and charges resolutions to apply
from the effective date of the ordinance from
Secs. 66-26-66-55. Reserved. which this article was derived.
(Ord. No. 91-46, § 4)
ARTICLE III. FEES FOR HEALTH Sec. 66-60. Billing and collection procedure.
RELATED SERVICES
The following shall be the procedure for billing
and collection of health related service fees and
DIVISION 1. GENERALLY charges. This procedure may be revised and/or
amended by the board of county commissioners by
Sec. 66-56. Title and citation. resolution.
This article shall be known and may be cited as (1) Initial fees and charges for health care
the "Billing and Collection Procedure for Collier shall be assessed either prior to or follow-
County Provided Health Related Services Ordi- ing service provision,as service dynamics
nance." reasonably permit. Unpaid fees and
(Ord. No. 91-46, § 2) charges, at the time of service, shall be
reflected in an accounts receivable ledger
Sec. 66-57. Findings and purpose. system.
Pursuant to F.S. § 125.01(1)(e), the board of (2) An initial bill for previously assessed but
county commissioners finds that it is empowered unpaid fees and charges or previously
to provide ambulance services and health and unassessed fees and charges shall be sent
welfare programs and,pursuant to F.S.§ 154.001, to the patient within 30 days after service
the board of county commissioners finds that the is provided.
hill legislature recognizes the unique partnership which
necessarily exists between the state and its coup (3) If the initial bill is not paid within 30 days
ties in meeting the public health needs of the from the initial billing date, then a past
state. In recognition of said findings, it is the due bill will be sent to the patient. A
purpose of this article to create a common billing payment plan will be available for past
and collection procedure for health service charges. due bill recipients. Each provider agency
(Ord. No. 91-46, § 1) shall establish and administer a payment
plan.
Sec. 66-58. Applicability.
This article shall apply for services provided in
the incorporated and unincorporated areas of the
county.
(Ord. No. 91-46, § 3)
Sec. 66-59. Establishment.
The board of county commissioners shall estab-
lish,by resolution,the rates,fees and charges for
services and related materials provided by county
emergency medical services and HRS-Collier
County Public Health Unit. Collier County Reso-
lution Nos.90-500 and 90-501 are hereby adopted
*Editor's note—Ord. No. 2013-62, §2,adopted Nov. 12,
2013,repealed Art.II,§§66-26-66-34 entitled"Public Health
Unit Advisory Board", which derived from: Ord. No. 93-2,
§§1-9.
[The next page is CD66:7]
Supp.No.52 CD66:4
HEALTH AND SANITATION §66-70
(4) If the initial bill is delinquent and not paid the state Medicaid program for those Medicaid
within 60 days from the initial billing date eligible patients who receive health related ser-
or a payment plan is not established and vices in accordance with Medicaid rules.
active,a notice of delinquency shall be sent (Ord. No. 91-46, § 6)
to the service recipient or responsible party.
(5) If the initial bill for EMS services is delin-
quent and not paid within 75 days from the Sec. 66-62. Medicare billings and other third
initial billing date or a payment plan is not party billings.
established and active, another notice of
delinquency shall be sent to the service
recipient or responsible party. The county emergency medical services and
HRS-Collier County Public Health Unit may ac-
(6) If the initial bill is delinquent and not paid cept Medicare and Medicaid assignments. Other
within 90 days from the initial billing date, third party billing assignments may be accepted
a final notice of delinquency shall be sent to with the difference between assignment and total
the service recipient or responsible party charges remaining as the responsibility of the
specifying that the account may be pursued recipient of the services.Any uncollected accounts
through civil action, collection agency or receivable shall be administered in accordance
other collection methods. with subsection 66-60(9).
(7) When billings, at any stage in this billing (Ord. No. 91-46, § 7)
and collection procedure, are returned be-
cause the postal service cannot effectuate
delivery,the providing agency shall make a Sec. 66-63. Alternative methods of payment.
reasonable effort to ascertain the correct
�`-- mailing address. If reasonable efforts to
ascertain a correct address fail,the account The county emergency medical services and
may be turned over to a collection agency. HRS-Collier County Public Health Unit may ac-
cept(8) Nothing contained in this section shall pre- credit card payment for health related ser-
vices. Specific credit cards accepted shall be lim-
dude reasonable telephone or other contact ited to those for which service contracts exist.
for billing or collection purposes, in accor- (Ord. No. 91 46, § 8)
dance with all applicable laws.
(9) At the end of each fiscal year, the provider
agency shall review all past due accounts Sec. 66-64. Civil action procedures.
and report to the board of county commis-
sioners all past due accounts which the
agency believes are uncollectable.The board The county shall file civil actions in the county
of county commissioners may, after review- small claims court, when appropriate, in order to
ing these accounts and after finding that pursue payment of charges and fees previously
diligent efforts at collection have proven assessed by the county emergency medical ser-
unsuccessful, remove past due accounts vices and HRS-Collier County Public Health Unit
from active accounts receivable in accor- but uncollected. Such suits shall be filed in the
dance with F.S. ch. 17 and report, by reso- name of the county emergency medical services or
lution, these accounts to the state depart- HRS-Collier County Public Health Unit, on Be-
ment of banking and finance to adjust and half of the board of county commissioners.
settle or cause to be adjusted and settled. (Ord. No. 91-46, § 9)
(Ord. No. 91-46, § 5; Ord. No. 93-90, § 1)
Sec. 66-61. Medicaid billings.
The county emergency medical services and
HRS-Collier County Public Health Unit shall bill Secs. 66-65-66-70. Reserved.
Supp.No. 4 CD66:7
§66-71 COLLIER COUNTY CODE
DIVISION 2. COUNTY-PROVIDED The board of county commissioners may estab-
AMBULANCE SERVICES BILLING AND lish guidelines in accordance with state law for
COLLECTION PROCEDURE* the processing of hardship cases and payment
plans.
Sec. 66-71. Findings and purpose. (Ord. No. 96-36, § 4, 6-25-96)
Pursuant to F.S. § 125.01 (1) (e), the Board of Sec. 66-75. Billing and collection procedures.
County Commissioners of Collier County, Florida The board of county commissioners shall estab-
finds that it is empowered to provide ambulance lish billing procedures and collection procedures
services. In recognition of said findings, it is the by resolution for Collier County ambulance ser-
purpose of this division to update the common vice fees and charges. These procedures may be
billing and collection procedures for county am- supplemented by policies or procedures estab-
bulance services. lished by the county administrator. Service recip-
(Ord. No. 96-36, § 1, 6-25-96) ient or responsible parties, who do not provide
insurance information will be responsible for pay-
Sec. 66-72. Title and citation. ment in accordance with criteria established by
this division.
This division shall be known and may be cited (Ord. No. 96-36, § 5, 6-25-96)
as the "Billing and Collection Procedure for Col-
lier County Ambulance Services Ordinance." Sec. 66-76. Medicare and Medicaid billings.
(Ord. No. 96-36, § 2, 6-25-96)
The revenue services department shall bill Medi-
care and Medicaid for eligible ambulance service --�
Sec. 66-73. Applicability. recipients in accordance with applicable Medicare
and Medicaid rules. The revenue services depart-
This division shall apply to services provided in ment shall accept the assignment of payments as
the incorporated and unincorporated areas of a participating provider in accordance with appli-
Collier County. cable Medicare and Medicaid rules. Procedures
(Ord. No. 96-36, § 3, 6-25-96) for Medicare and Medicaid billing will be estab-
lished by the board of county commissioners or
Sec. 66-74. Rates, fees and charges. the county administrator in accordance with cri-
teria established by this division.
The board of county commissioners shall estab- (Ord. No. 96-36, § 6, 6-25-96)
lish, by resolution, the rates,fees and charges for
ambulance services. Such rates, fees and charges Sec. 66-77. Third party billing.
may be waived from time to time by the board of
county commissioners or county administrator in Third party billing assignment of payments
accordance with criteria established by this divi- shall be accepted with the unpaid difference, if
Sion. Waivers are limited to: any, remaining the responsibility of the service
recipient or responsible party.Procedures for third
• Valid public purpose; party billing will be established by the county
administrator.
• Estates that have no assets (for deceased or (Ord. No. 96-36, § 7, 6-25-96)
incompetent persons).
Sec. 66-78. Alternative methods of payments.
*Editor's note—Ord. No. 96-36, § 9, adopted June 25,
1996, repealed Div. 2, §§ 66-71-66-80, which pertained to The revenue services department may accept
county-provided ambulance and emergency medical services credit cad payment for ambulance service(s). Spe-
billing and collection procedure. Sections 1-8 of said ordi-
nance have been included herein as a new Div. 2, §§66-71— cific credit cards shall be limited to those for
66-78, to read as herein set out. See the Code Comparative which service contracts exist.
Table. (Ord. No. 96-36, § 8, 6-25-96)
Supp.No. 4 CD66:8
HEALTH AND SANITATION §66-90
Secs. 66-79-66-85. Reserved. writing to the owner or manager served by regis-
tered or certified mail.The aggrieved person may
request and receive a hearing as early as reason-
ARTICLE IV. FOOD SERVICE able to avoid unnecessary hardship.
ESTABLISHMENTS*
(b) After a hearing, the board may, by three
Sec. 66-86. Definitions;law incorporated by votes, modify, suspend, confirm the action or take
reference. other action.
(a) The provisions and definitions of F.S. chs. (Ord. No. 74 45, § 1)
381 and 386 and chapters 10D-13, 14 and 15 of
the Florida Administrative Code regulating food Sec. 66-89. Permit required; not transfer-
service, processing and outlet establishments are able; revocation.
incorporated by reference in this article as though
set out fully herein. (a) It shall be unlawful for any person to
operate, or cause to be operated, a food service,
(b) For the purposes of this article and the processing or outlet establishment within the
provisions adopted by subsection (a) of this sec- county, includinganymunicipality therein, with-
tion, the word "manager" or "supervisor" shall p y
out:
mean the person on the premises of a "food
establishment" with authority or the right to (1) Prominently displaying a current
supervise food service employees or, in his ab- unrevoked food establishment permit is-
sence, the person in charge of, or actually operat- sued to the establishment, in the name of
ing or cleaning any food processing, storing,prep- the current owner, by the director of the
aration or serving area. county health department or his autho-
(Ord. No. 74-45, § 1) rized representative(hereinafter referred
to as "health director");
Sec. 66-87. Penalty. (2) Full compliance by the food establish-
Any person violating any provision of this ment with each provision of this article
article shall be guilty of a misdemeanor and and the state law incorporated hereinabove;
punished as provided by law. If such a violation is and
continuing, each day's violation shall be a sepa- (3) A manager, supervisor or other desig-
rate offense. nated person upon the premises during
(Ord. No. 74-45, § 1) food processing, preparation, service; and
State law reference—Penalty for ordinance violations, facilities,equipment and utensil cleaning.
F.S. § 125.69.
(b) No food establishment permit is transfer-
Sec. 66-88. Appeals. able from any location to another.
(a) Should any person be aggrieved by any
provision or application of this article he shall (c) The county tax collector shall require evi
first submit an appeal in writing to the board of dence of the appropriate food establishment per
county commissioners within ten calendar days mit prior to issue of an occupational license to
stating his name, the name and location of the process, prepare, serve or sell food.
food establishment involved, the name of the (Ord. No. 74 45, § 1)
manager and the nature of the appeal. The board
may conduct a hearing after ten days' notice in Sec. 66-90. Permit application and issuance.
*Cross references—Alcoholic beverages, ch. 6; busi-
nesses, ch. 26. (a) Application for a food establishment permit
State law references—Florida Food Act, F.S. ch. 500; shall be made to, and upon forms furnished by,
food service establishments,F.S. §509.013 et seq. the county health director.
Supp.No. 10 CD66:9
§66-90 COLLIER COUNTY CODE
(b) The county health director shall: ers. Failure to attend two consecutive or three
(1) Cause an inspection to be made of the meetings within a 12-month period shall consti-
premises and determine that food estab- tute a resignation unless a majority of the food
lishment facilities, equipment and uten establishment review board vote approval for
sils are in compliance with state and justifiable reasons.
county regulations.
(c) Powers. The food establishment board shall
(2) Issue a food service, processing or outlet have the power to:
establishment permit, as applicable.
(Ord. No. 74-45, § 1) (1) Adopt rules of procedure,maintain a pub-
lic record of resolutions,acts and findings.
Sec. 66-91. Inspections. (2) Hold meetings as required at a time, date
(a) The health director shall inspect food es- and place convenient to the board as de
tablishments at reasonable times as he may de termined by majority vote. Emergency
termine desirable to insure compliance with state meetings shall be held as determined by
and county food health laws. Notice after such the chairman after eight hours telephone
inspections to the food establishment shall be by notice, or attempted notice, to the tele-
presenting a copy of the official notice of inspec- phone numbers furnished by each mem-
tion to the manager, or other designated person, ber.
or in his absence a person operating the food area. (3) With three affirmative votes have the
(b) If a food establishment fails to substan- power to revoke and invalidate a food
tially comply with health laws including chapters establishment permit for the reason of
10D-13, 14 and 15 of the Florida Administrative maintaining any condition in violation of --�
Code, the health director shall issue to the man- this article.
ager a notice of noncompliance and hearing before (4) Noncompliance with the provisions of this
the food establishment review board. article and the referenced laws, rules and
(Ord. No. 74-45, § 1) regulations by a food establishment is
deemed to indicate inadequate knowl-
Sec. 66-92. Food establishment review board. edge. In such case the food establishment
(a) Appointment. The board of county commis- review board may direct the manager
sioners may by three affirmative votes appoint and/or supervisor to successfully complete
two members of the food industry and three a training course or examination ap-
members of the public not associated with the proved by the health director based upon
food industry to form a five-member food estab- the Florida Statutes, the rules and regu-
lishment review board, which by three affirma- lations of the state division of health and
tive votes shall select a chairman and vice- professional food establishment practices.
chairman. Each appointed member shall be a (5) Immediately after a permit is revoked the
minimum of 21 years of age, a registered voter manager of the establishment shall be
and resident of the county and not a convicted served a notice of revocation by personal
felon. An alternate member shall also be ap- service of the health or sheriff's depart-
pointed, who shall vote at any regular or special ment. Operation of the food establish-
meeting in the absence of an appointed member. ment shall be unlawful prior to reissue of
(b) Term. Each term of appointment shall be the permit per subsection (c)(3) of this
for a period of two years except one each of the section.
initial food industry and nonfood industry appoint- (6) Upon service of a notice of revocation it
ments shall be for a period of one year. Any shall be the duty of the manager and the
appointed member may be removed by four affir- owner of the food establishment and the
mative votes of the board of county commission- duty of the health director to stamp upon
Supp. No. 10 CD66:10
HEALTH AND SANITATION §66-118
the face of the permit the word "Void" in Course shall mean a course of study in the care,
bold red letters, and enter the date of maintenance and operation of public swimming
revocation with his initials. pools as the course is approved and administered
(7) Upon revocation of a permit,the owner or by the health department.
operator may apply for reissue of a permit Transient lodging shall mean a building, facil-
upon satisfactory inspection by the health ity, or portion thereof(excluding inpatient medi-
department. cal care facilities) which contains one or more
(Ord. No. 74-45, § 1; Ord. No. 75-45, § 1) dwelling units or sleeping accommodations, in-
Cross reference—Boards, commissions, committees and eluding, but not limited to, a resort, group home,
authorities, §2-816 et seq. hotel, motel, or dormitory.
Secs. 66-93--66-115. Reserved. Barrier shall mean fence, wall, building wall,
or combination thereof, which completely or sur-
ARTICLE V. PUBLIC SWIMMING POOLS rounds the swimming pool and obstructs unau
thorized access to/or from the swimming pool.
Sec. 66-116. Regulations incorporated by ref- (Ord. No. 77-51, § 1; Ord. No. 99 65, § 1, 9 14 99)
erence and definitions.
Sec. 66-117. Pool operator's certificate.
(a) The provisions and definitions of Chapter
64E-9 of the Florida Administrative Code in effect (a) From the effective date of this article, it
on the effective date of this article, and future shall be unlawful for any person, corporation,
amendments to Chapter 64E-9 or to any successor partnership, association or other legal entity to
in function to Chapter 64E-9 which regulates operate and/or maintain a public swimming pool
public swimming pools and/or public bathing places unless and until some person directly responsible
are incorporated by reference into this article as for the maintenance and care of such swimming
though set out fully herein. pool shall first obtain a pool operator's certificate
from the health department, which must be dis-
(b) For the purpose of this article, the follow- played at the pool area. The pool shall have daily
ing terms are defined: maintenance and records of the daily mainte-
Health department shall mean the county health nance must be retained on the pool site for review
department, a subdivision of the Florida Depart- by the health department.
ment Of Health.
(b) All persons engaged in public swimming
Public swimming pool shall mean any swim- pool services or maintenance must acquire a pool
ming pool, spa-type pool, wading pool, special operator's certificate from the health department.
purpose pool, or water recreation attraction, to- Pool service contractors holding a current license
gether with buildings, appurtenances and equip- to operate issued by the county or by the State of
ment used in connection therewith.A public swim- Florida are excluded from this requirement. All
ming pool, where admission is gained with or pool service contractors must be prepared, upon
without payment of any fee for admission, oper- oral request by the health department, to imme-
ated by or serving a camp, church, city, county, diately present this license at the pool for inspec-
day care center, group home facility for eight or tion.
more clients, health spa, institution, park, state (Ord. No. 77-51, § 2; Ord. No. 99-65, § 2, 9-14-99)
or federal agency, school, subdivision; or coopera-
tive type living project of five or more living units, Sec. 66-118. Procedure for obtaining a pool
such as an apartment or condominium, boarding operator's certificate.
house, mobile home park, recreational vehicle
park,townhouse,or transient living location(such (a) All applications for a pool operator's certif-
as a motel or hotel)or where the public is allowed icate shall be made and filed with the health
to swim. department. The health department shall pre-
Supp. No. Io CD66:11
§66-118 COLLIER COUNTY CODE
scribe the form of application and make such Sec. 66-119. Swimming pool water quality.
investigation concerning all applications filed as
it shall deem necessary. (a) The health department will conduct unan-
nounced inspections of public swimming pools
(b) A pool operator's certificate shall be issued (including water sampling)at least two times per
by the health department to all applicants who year but not more frequently than four times per
shall first present evidence of satisfactory comple- year for each pool. Each water sample shall be
tion of an approved course in the care, mainte- analyzed for bacterial contamination. Upon a
nance and operation of public swimming pools.A positive reading of the sample, the pool owner or
$20.00 fee shall be charged for the issuance of owner's representative will be notified of the
each pool operator's certificate. positive reading. The swimming pool and adja-
(c) Upon payment of a fee of$20.00, any appli- cent areas shall be immediately posted as being
cant may elect to challenge the final examination "closed" and shall remain closed until completion
instead of completing the course. If the examina- of the then required superchlorination proce-
tion is passed,a pool operator's certificate shall be dures.
issued. If the examination is failed, the course
must be completed before re-examination and the (b) In the event of fecal contamination of any
course fee must be paid. The pool operator's pool water, the health department must be noti-
certificate will be valid for three years and may be fled immediately by the staff of the swimming
reissued upon payment of an additional fee of pool; and the pool and adjacent area shall imme-
$20.00. Certificates valid on the effective date of diately be posted as "closed." All solids must be
this article will remain valid until September 30, removed; filters must be backwashed and be
2001. thoroughly cleaned, and the pool shall be
superchlorinated to 20 parts per million. The -�
(d) A pool operator's certificate issued pursu- chlorine level shall be checked to assure that it
ant to section 66-118(b) of this article shall be meets the then applicable minimum standards
valid for the time periods specified in subsection before the pool is reopened.
(c), above unless sooner revoked for cause by the
health department. Continued violation of any (c) Any pool, on inspection, that is found to be
provision of the Florida Administrative Code, in violation of the Florida Administrative Code,
Chapter 64E-9, as amended, shall be prima facie Chapter 64E-9, or that is creating a public health
grounds for revocation of the pool operator's cer- hazard shall be closed by the health department
tificate. The certificate may be declared invalid if until corrections are made and such corrections
the holder does not attend a refresher course as are verified by a re-inspection.
prescribed by the health department. Such re-
fresher courses shall not be required more fre- (d) A fee of$180.00 shall be charged annually
quently than annually. by the health department for the above-specified
(e) In lieu of a pool operator's certificate, a
pool water sampling and analysis.
provisional certificate will be issued for an indi (Ord. No. 77 51, § 4; Ord. No. 99 65, § 4, 9 14 99)
State law reference—Penalty for ordinance violations,
vidual on registration for the course. This provi- F.S. § 125.69.
sional certificate will be valid until the date of
satisfactory completion of the course, or for six
months, whichever occurs first. Sec. 66-120. Plumbing inspections.
(f) A fee of $50.00 shall be charged by the (a) A health department engineer shall per-
health department for all of the following: Pro- form inspections on the plumbing for each planned
cessing applications,issuing a certificate,conduct- public swimming pool to verify compliance with
ing the course and supplying the required educa- the approved engineered plans related thereto.
tional materials. Upon completion of the plumbing installation,the
(Ord. No. 77-51, § 3; Ord. No. 99-65, § 3, 9-14-99) pool contractor must contact the health
Supp.No. 10 CD66:12
department's engineer for inspection before
hydraulically compacting the backfill around the
pool.
(b) A fee of $50.00 shall be charged by the
health department for each such plumbing inspec-
tion. When compliance with the inspection has
been established, the health department will
issue written confirmation of same as no extra
charge.
(Ord. No. 99-65, § 5, 9-14-99)
Sec. 66-121. Violations.
(a) Violation of any of the provisions of this
article may be punished as provided by law.
Each day such violation is committed or permit-
ted to continue shall constitute a separate offense
and shall be punishable as such thereafter.
(b) It shall be a violation of this article to
commence any construction, modification, or re-
surfacing of a public swimming pool or any
adjacent deck adjacent without obtaining prior
written approval to do so from the health depart-
ment.
(c) Each spa located within a pool/spa combina-
tion and the pool having a water capacity of
25,000 gallons or more, or where the pool is
within (or is a component part of) transient
lodging, shall comply with Subsection 64E-9.010,
Florida Administrative Code, as now exists or
amended hereafter (or its successor in function)
which now reads: "Oxidation reduction potential"
(ORP) controllers shall be provided on spa pools
to assist in maintaining proper disinfection levels."
Such ORP/PH controllers must be installed by or
on behalf of the pool owner (at no cost to the
county) within one year following the effective
date of this article.
(d) Each public pool owner who applies for
exempt status for construction must submit (to
the health department) performance based plans
to prove that the proposed pool will not manifest
a direct main drain suction condition. Hand
feeding chlorine into a public pool shall not be
any substitute for an automated chlorination
system. A final inspection will be required to
verify compliance with this requirement. A fee of
$50.00 shall be charged by the health depart-
ment for performance plans review and the final
inspection.
(e) A civil fine of $500.00 shall be paid for
each first violation of any provision of this
article. A fine of $1,000.00 shall be paid for a
second violation of this article by the same pool
facility within any 360 days of the effective date
of the first violation. In addition, enforcement of
this article may be accomplished by applying
section 1-6 of the county's Code of Ordinances.
(Ord. No. 99-65, § 6, 9-14-99)
Sec. 66-122. Fees.
Fees specified in this article may be revised
from time-to-time by resolution of the board of
county commissioners.
(Ord. No. 99-65, § 7, 9-14-99)
Secs. 66-123—66-150. Reserved.
ARTICLE VI. COLLIER COUNTY HEALTH
FREEDOM BILL OF RIGHTS
Sec. 66-151. Title.
This Ordinance shall be known and cited as
the "Collier County Health Freedom Bill of
Rights" Ordinance.
(Ord. No. 2023-18, § 1)
Sec. 66-152. Purpose and Intent.
The purpose of this Ordinance is to safeguard
the healthcare rights and freedoms of Collier
County residents.
(Ord. No. 2023-18, § 2)
Sec. 66-153. Definitions.
The terms used in this Ordinance shall be
defined as outlined in F.S. Ch. 381, as may be
amended from time to time.
(Ord. No. 2023-18, § 3)
Sec. 66-154. Applicability.
This Ordinance is applicable and limited to
unincorporated Collier County.
(Ord. No. 2023-18, § 4)
§ 66-154HEALTH AND SANITATION
CD66:13Supp. No. 110
Sec. 66-155. COVID-19 vaccine documenta-
tion prohibited.
(A) A business entity within Collier County,
as defined in F.S. § 768.38, may not require
patrons or customers to provide any documenta-
tion certifying COVID-19 vaccination or post-
infection recovery to gain access to, entry upon,
or service from the business operations in Collier
County. This subsection does not otherwise restrict
businesses from instituting screening protocols
consistent with authoritative or controlling
government-issued guidance to protect public
health.
(B) Collier County will not require anyone to
provide any documentation certifying COVID-19
vaccination or post-infection recovery to gain
access to, entry upon, or service from Collier
County's operations.
(C) Florida Statutes § 381.00316 is
incorporated herein by reference, as it pertains
to exemptions for health care providers.
(Ord. No. 2023-18, § 5)
Sec. 66-156. Private employer COVID-19
vaccination mandates
prohibited.
(A) A private employer within Collier County
may not impose a COVID-19 vaccination mandate
for any full-time, part-time, or contract employee
without providing individual exemptions that
allow an employee to opt out of such requirement
on the basis of medical reasons, including, but
not limited to, pregnancy or anticipated pregnancy;
religious reasons; COVID-19 immunity; periodic
testing; and the use of employer-provided personal
protective equipment. For purposes of this sec-
tion, the term "COVID-19" means the novel
coronavirus identified as SARS-CoV-2; any disease
caused by SARS-CoV-2, its viral fragments, or a
virus mutating therefrom; and all conditions
associated with the disease which are caused by
SARS-CoV-2, its viral fragments, or a virus
mutating therefrom. Employers shall use forms
adopted by the Department of Health, or
substantially similar forms, for employees to
submit exemption statements.
(B) If an employer fails to comply with subsec-
tion (A) and terminates an employee based on
the employee's noncompliance with a COVID-19
vaccination mandate, the terminated employee
may be eligible for reemployment in addition to
any other remedy available to the employee.
(C) An employer may not impose a policy that
prohibits an employee from choosing to receive a
COVID-19 vaccination.
(Ord. No. 2023-18, § 6)
Sec. 66-157. Vaccination mandates for Col-
lier County employees.
Unless required by law, Collier County shall
not impose any vaccination mandate for any
Collier County employee except by supermajor-
ity vote by the Board.
(Ord. No. 2023-18, § 7)
Sec. 66-158. Mask Mandates and
Quarantine.
Unless required by law, Collier County shall
not impose a mask mandate, or issue a quarantine
order, except by supermajority vote by the Board.
(Ord. No. 2023-18, § 8)
Sec. 66-159. Vaccine Passports.
Unless required by law, Collier County shall
not require a Vaccine Passport as a condition of
entry except by supermajority vote by the Board.
(Ord. No. 2023-18, § 9)
Sec. 66-160. Directives from the World
Health Organization and
Other International Bodies.
Unless compelled by Federal or State law,
Collier County does not recognize any authority
by the World Health Organization or any other
international body to impose any health mandates
or directives within Collier County.
(Ord. No. 2023-18, § 10)
§ 66-155 COLLIER COUNTY CODE
CD66:14Supp. No. 110
Sec. 66-161. Florida Patient's Bill of
Rights and Responsibilities.
Collier County hereby adopts in its entirety
the Florida Patient's Bill of Rights and
Responsibilities, as codified in F.S. § 381.026, as
may be amended from time to time.
(Ord. No. 2023-18, § 11)
Sec. 66-162. Penalties.
To the extent not inconsistent with Florida
law, violations of this Ordinance shall be punish-
able as provided by law for the violation of
county ordinances.
(Ord. No. 2023-18, § 12)
Secs. 66-163—66-185. Reserved.
§ 66-185HEALTH AND SANITATION
CD66:15Supp. No. 110
L- Chapters 67-69
RESERVED
CD67:1