Agenda 06/22/2021 Item #11F (Guidance Regarding Continuation of Communications Media Technology)06/22/2021
EXECUTIVE SUMMARY
Recommendation to provide direction to the County Manager on continued use of communications
media technology to allow individuals to participate remotely in meetings of the Board of County
Commissioners, advisory boards, councils, and committees.
OBJECTIVE: To provide the County Manager direction on continued use of communications media
technology to allow individuals to participate remotely in County meetings.
CONSIDERATION: To address the issues associated with the COVID-19 global pandemic, the
Governor of the State of Florida issued Executive Orders 20-51 and 20-52 declaring a public health
emergency and the Board issued Proclamation/Resolution 2020-50 declaring a Local State of Emergency,
which authorized the County to take all necessary action to protect human health and safety. Recognizing
the need to maintain the functionality and continuity of government, the Governor further issued
Executive Order 20-69, which suspended the requirement for local governing bodies to have a quorum
physically present to conduct public meetings. On April 28, 2020, the Board of County Commissioners
(Board) approved Emergency/Executive Order 2020-01 setting hybrid remote public meeting procedures
using communications media technology and tying its expiration to 20-69, to which subsequent
extensions ended at 12:01 a.m. on November 1, 2020.
On May 26, 2020, the Board adopted Emergency/Executive Order No. 2020-04 providing for hybrid
virtual quasi-judicial hearing procedures during the pandemic. This order was set to remain in effect as
long as Governor DeSantis’ Executive Order 20-52 also remained in effect. Executive Order 20-52 is set
to expire on June 27, 2021, and may not be extended.
The County Manager requires direction from the Board as to continued use of communications media
technology to facilitate remote participation of individuals in meetings of the Board, its advisory boards,
councils, and committees.
FISCAL IMPACT: This executive summary has no immediate fiscal impact.
GROWTH MANAGEMENT IMPACT: This executive summary has no immediate growth
management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Due to statutory
advertising requirements, irrespective of the Board decision today a number of advertised public hearings
for the July 13th Board meeting will contain the following language:
As part of an ongoing initiative to promote social distancing during the COVID-19
pandemic, the public will have the opportunity to provide public comments remotely, as
well as in person, during this proceeding. Individuals who would like to participate
remotely, should register any time after the agenda is posted on the County website
which is 6 days before the meeting through the link provided on the front page of the
County website at www.colliercountyfl.gov <http://www.colliercountyfl.gov>.
Individuals who register will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting. For additional information about the
meeting, please call Geoffrey Willig at 252-8369 or email to
Geoffrey.Willig@colliercountyfl.gov <mailto:Geoffrey.Willig@colliercountyfl.gov>.
This language has been part of the standard advertising template for about a year. Should the Board wish
11.F
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06/22/2021
to return to its pre-COVID practice and discontinue this policy, the County Attorney recommends that the
Board do so following the summer recess. With that noted this item is approved as to form and legality
and requires a majority vote for direction. -JAK
RECOMMENDATION: That the Board provide direction to the County Manager on continued use of
communications media technology to allow individuals to participate remotely in meetings of the Board,
advisory boards, councils, and committees.
PREPARED BY: John Mullins, Director of Communications, Government & Public Affairs
ATTACHMENT(S)
1. County_Emergency_Executive Order 2020-01 (PDF)
2. Agenda 05_26_2020 Item #11E (Emergency_Executive Order) (PDF)
3. State_EO_20-69 (PDF)
4. State_EO_20-52 (PDF)
5. State_EO_21-94 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.F
Doc ID: 16294
Item Summary: *** This item to be heard immediately following item 5B *** Recommendation
to provide direction to the County Manager on continued use of communications media technology to
allow individuals to participate remotely in meetings of the Board of County Commissioners, advisory
boards, councils, and committees. (John Mullins, Director of Communications, Government & Public
Affairs)
Meeting Date: 06/22/2021
Prepared by:
Title: – County Manager's Office
Name: John Mullins
06/16/2021 8:54 AM
Submitted by:
Title: – County Manager's Office
Name: John Mullins
06/16/2021 8:54 AM
Approved By:
Review:
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/16/2021 9:11 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/16/2021 11:44 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/16/2021 12:45 PM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 06/16/2021 2:38 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
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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
YY-1939/1530657/1] Page 1 of 2
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Packet Pg. 575 Attachment: County_Emergency_Executive Order 2020-01 (16294 : Use of Communications Media Technology)
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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
By:
4e.yiltidele0A64—W 1 - '
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eputy Clerk BURT L. SAUNDERS, Chairman
Si ' aft;+n. .••• '
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Appro ;,!an• legality:
lit W ;
Jeffrey • r Kl. 1' ow, County Attorney
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YY-1939/1530657/1] Page 2 oft
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Packet Pg. 576 Attachment: County_Emergency_Executive Order 2020-01 (16294 : Use of Communications Media Technology)
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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.
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.
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Packet Pg. 578 Attachment: County_Emergency_Executive Order 2020-01 (16294 : Use of Communications Media Technology)
05/26/2020
EXECUTIVE SUMMARY
Recommendation to approve an Executive Order establishing Hybrid Virtual Quasi-Judicial
Hearing Procedures during the current COVID-19 emergency.
OBJECTIVE: To ensure the continuity of government operations in accordance with CDC guidance and
the Executive Orders of the Governor for safety during a currently declared public health emergency
arising out of COVID-19.
CONSIDERATIONS: To address the issues associated with the COVID-19 global pandemic, the
Governor of the State of Florida issued Executive Orders 20-51 and 20-52 declaring a public health
emergency and the Board of County Commissioners (Board) issued Proclamation/Resolution 2020 -50
declaring a Local State of Emergency, which authorizes the County to take all necessary action to protect
human health and safety. Recognizing the need to maintain the functionality and continuity of
government, the Governor further issued Executive Order 20-69, which suspends the requirement for
local governing bodies to have a quorum physically present to conduct public meetings.
At the May 12, 2020 meeting, the Board directed staff to begin holding quasi -judicial hearings related to
land use petitions.
The proposed procedures enable the County to use this methodology as a means of holding Quasi -Judicial
Hearings without the requisite quorum physically present and establishes procedures for doing so. More
specifically, this methodology provides procedures for the following:
Ex Parte Communications;
General Procedures;
Hybrid Virtual Quasi-Judicial Hearing Procedures; and
Technical Information for Communication Media Technology (CMT).
These procedures allow for the use of CMT pursuant to Section 120.54(5)(b)(2), Florida Statutes, and
supplement and amend Collier County Executive Order No. 2020-01, County Resolution No. 98-167, and
County ordinances and resolutions governing land use matters. A hybrid quasi-judicial proceeding allows
for in person participation and CMT participation
FISCAL IMPACT: There is no fiscal impact associated with this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney and is specifically
tailored to be consistent with the Governor’s Executive Orders, including Executive Order No. 20 -69, and
the Board’s direction that Planning Commission meetings recommence and that quasi-judicial matters be
heard. This procedure will need to be modified or terminated should Executive Order No. 20 -69 be
modified or expire. With that noted, this item is approved as to form and legality, and requires majority
vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: To approve the proposed Executive Order and adopt the associated procedures.
Prepared by: Jeremy Frantz, AICP, Land Development Code Manager
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ATTACHMENT(S)
1. Executive Order 5-15-20 (PDF)
2. Collier procedures for hybrid virtual quasi-judicial hearings final (DOCX)
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Packet Pg. 580 Attachment: Agenda 05_26_2020 Item #11E (Emergency_Executive Order) (16294 : Use of Communications Media Technology)
05/26/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.E
Doc ID: 12399
Item Summary: Recommendation to approve an Executive Order establishing Hybrid Virtual
Quasi-Judicial Hearing Procedures during declared emergencies. (Jeremy Frantz, AICP, LDC Manager,
Zoning Division)
Meeting Date: 05/26/2020
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
05/15/2020 4:13 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
05/15/2020 4:13 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/18/2020 9:41 AM
Growth Management Department James C French Deputy Department Head Review Completed 05/18/2020 9:15 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 05/19/2020 8:20 AM
County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 05/19/2020 11:12 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/19/2020 9:48 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/19/2020 12:37 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/19/2020 1:07 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/19/2020 1:54 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/26/2020 9:00 AM
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Packet Pg. 581 Attachment: Agenda 05_26_2020 Item #11E (Emergency_Executive Order) (16294 : Use of Communications Media Technology)
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EMERGENCY/EXECUTIVE ORDER NO. 2020 - ____
AN EXECUTIVE ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR HYBRID VIRTUAL QUASI-
JUDICIAL HEARING PROCEDURES DURING THE CURRENT COVID-19
STATE OF EMERGENCY
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, which Orders are
incorporated herein; 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, Florida Statutes Sec. 252.38 provides that “Safeguarding the life and
property of its citizens is an innate responsibility of the governing body of each political
subdivision of the state;” and
WHEREAS, Florida Statutes Sec. 252.46 provides in relevant part that “In accordance
with the provisions of Chapter 120, the political subdivisions of the state…are authorized and
empowered to make, amend, and rescind such orders and rules as are necessary for emergency
management purposes…” so long as such powers are not in conflict with the State; and
WHEREAS, Governor DeSantis’ Executive Order No. 20-69 specifically provides:
Section1: I hereby suspend any Florida Statute that requires a quorum to be
present in person or requires a local government body to meet at a specific public
place.
Section 2: Local government bodies may utilize communications media
technology, such as telephonic and video conferencing, as provided in section
120.54(5)(b)2., Florida Statutes. . .
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Section 3. This Executive Order does not waive any other requirement under
the Florida Constitution and “Florida’s Government in the Sunshine Laws,”
including Chapter 286, Florida Statutes.
Section 4. This Executive Order shall expire at the expiration of Executive
Order 20-52, including any extension.” ; and
WHEREAS, Governor DeSantis directed that Executive Order No. 20-69 shall expire at
the expiration of his Executive Order 20-52, including any extension thereof, which the
Governor extended on May 8, 2020 for an additional sixty days from that date; and
WHEREAS, on April 28, 2020, the Board of County Commissioners of Collier County,
Florida adopted Emergency/Executive Order No. 2020-01, which implemented Collier County
Hybrid Remote Public Meeting Procedures to facilitate conducting the Board’s meetings,
including its advisory boards, councils and committees during the COVID-19 declared state of
emergency; and
WHEREAS, on May 12, 2020, during a regular meeting of the Collier County Board of
County Commissioners the Board discussed its interest in implementing procedures to conduct
hybrid virtual quasi-judicial proceedings before the Board, the Collier County Planning
Commission, and its other Quasi-Judicial bodies to insure fair hearings that are accessible to the
public and to all participants to such proceedings, while allowing for the Centers for Disease
Control’s direction to practice “social distancing”; and
WHEREAS, on May 26, 2020, during a regular meeting of the Collier County Board of
County Commissioners the Board reviewed and approved the attached Hybrid Virtual Quasi-
Judicial Hearing Procedures to be implemented during declared emergencies to include the
COVID-19 pandemic; and
WHEREAS, the Board of County Commissioners believes that these procedures are
necessary to promote the health, safety and welfare of the County residents and the general
public.
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Collier County Hybrid Virtual Quasi-Judicial Hearing Procedures During
Declared Emergencies attached hereto as Exhibit “A,” is hereby approved, adopted and shall be
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implemented by all Collier County boards, the Collier County Planning Commissions and its
other Quasi-Judicial bodies.
2. The attached Collier County Hybrid Virtual Quasi-Judicial Hearing Procedures
supplements and amends Collier County Executive Order No. 2020-01, County Resolution No.
98-167, and County ordinances and resolutions governing land use matters.
3. The attached procedures are hereby ordered to be followed immediately.
4. Effective Date; Duration. This Order shall remain in effect as long as the
Governor DeSantis’ Executive Order 20-52 remains in effect, including any extensions by the
Governor.
THIS ORDER ADOPTED after motion, second, and majority vote favoring same this
26th day of May, 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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20-CPS-01995/1541018/1]32 Rev. 5-15-20 Page 1 of 3
COLLIER COUNTY HYBRID VIRTUAL QUASI-JUDICIAL HEARING
PROCEDURES DURING DECLARED EMERGENCIES
1. Applicability.
These procedures allow for the use of communications media technology (CMT) pursuant to
Section 120.54(5)(b)(2), Florida Statutes, and supplement and amend Collier County Executive Order No.
2020-01, County Resolution No. 98-167, and County ordinances and resolutions governing land use
matters. A hybrid quasi-judicial proceeding allows for in person participation and CMT participation as
described in these procedures.
2. Ex parte communications.
All ex parte disclosures by the Board of County Commissioners or members of the Planning
Commission, or other body subject to ex parte communication disclosures (Quasi-Judicial Body), who
are appearing virtually, will be made in writing before the public hearing. There will be no ex parte
communication by any party to the proceeding beginning five business days before each public hearing.
Staff will send the written disclosures electronically to the Applicant and any person that requests a
copy.
3. General procedures.
a) Condition to Scheduling Hearing. When an Application has progressed to the point of
scheduling a quasi-judicial hearing (as determined by the County), Applicants shall choose either (i)
delaying consideration of their Application and proceeding with the public hearing, after the declared
emergency has ended, at a meeting that is not a hybrid virtual meeting; or (ii) proceeding during the
declared emergency, while the County conducts a hybrid virtual meeting, and waiving Applicant’s right to
contest any procedural irregularity. Such election by an Applicant shall be provided in writing.
b) Oaths. A person who appears remotely before the Quasi-Judicial Body who is not a party
or party-intervenor shall be allowed to testify before the Quasi-Judicial Body, subject to control by the
Quasi-Judicial Body, and may be requested to respond to questions from the Quasi-Judicial Body, but
shall not be sworn as a witness, is not subject to cross-examination, and is not required to be qualified as
an expert witness. The Quasi-Judicial Body shall assign weight and credibility to such testimony as it
deems appropriate. A party or party-intervenor in a quasi-judicial proceeding on local government land
use matters, upon request by another party or party-intervenor, shall be sworn as a witness, shall be
subject to cross-examination by other parties or party-intervenors, and shall be required to be qualified as
an expert witness, as appropriate. Each Staff person participating remotely will be sworn one time for all
quasi-judicial proceedings during the duration of the Declared Emergency.
c) Technical Malfunction During Hearing. In the event the County’s communications media
technology malfunctions during the Hybrid Virtual Quasi-Judicial Hearing, the County shall use its best
efforts to provide notice to all parties as to the date and time of the continuation of the Hybrid Virtual
Quasi-Judicial Hearing.
d) Record. The Clerk shall maintain custody of all recordings of testimony, evidence, and
documents submitted into evidence at the Virtual Quasi-Judicial Hearing in the same manner as for non-
emergency quasi-judicial hearings.
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e) Notice. The notice of Hybrid Virtual Quasi-Judicial Hearing will provide the instructions for
accessing the meeting using CMT.
4. Hybrid Virtual Quasi-Judicial Hearing Procedures.
Public meetings conducted as hybrid virtual meetings will be conducted in accordance with the
procedures in County Resolution No. 98-167 subject to the following:
a) Quorum; Voting. If there is not a physical quorum present at the meeting, the Chairman
or his designee will call the roll and verbally verify that a quorum is present at the beginning of the
meeting and all voting shall be conducted verbally by roll call. Unless a physical quorum is required, any
requirement that the voting members be physically present at the meeting, either to vote or to be
counted for quorum requirements, is hereby waived for the duration of the declared State of Emergency
provided that a quorum of such members participate in the meeting by means of a hybrid virtual meeting.
b) Staff and Applicant Participation. The Applicant and its witnesses will attend the meeting
in person. Staff will appear in person, unless staff in their individual discretion believes attendance poses
a health risk to that individual; in such case, they will appear electronically.
c) General Public. The public may attend in person or electronically. All public comment or
participation will be limited to a maximum of 3 minutes, unless the Chairman, in his/her discretion allows
additional time. Remote participants will not be allowed to receive speaking time from another speaker
or to provide speaking time to another speaker. Remote participation is at the users’ risk. The County is
not responsible for technical issues.
d) Participation by way of electronic media. All speakers participating electronically must be
recognized by the Chair prior to speaking, and no more than one person will speak at the same time. To
facilitate the orderly conduct of the meeting, the County will "mute" or otherwise disable the lines of
members of the public until such time as they are recognized to speak. Interested persons desiring to
provide public comment should comply with the directions provided in the meeting notice and/or
otherwise described by the Chair and/or County staff operating the electronic media. Electronic
participants will be placed in a queue on a first-come, first serve basis, and will be notified by a member of
County staff when they will be permitted to speak.
e) Order of presentation. The initial presentation will be by Applicant followed by Staff’s
presentation. Applicant and Staff are limited to the use of Powerpoint. Unless approved by the Chair, a
visualizer will not be available.
5. Technical Information for CMT Quasi-Judicial Hearings.
a) Participating in the Virtual Quasi-Judicial Public Meeting. Individuals who would like to
participate remotely, should register in advance through the link provided on the front page of the county
website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public
hearing detailing how they can participate remotely in this meeting. Virtual meeting attendees will be able
to hear the members of the Quasi-Judicial Body and other persons when speaking.
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b) Viewing the Virtual Quasi-Judicial Public Meeting. The meeting may be viewed online via
livestreaming at www.colliercountyfl.gov. or live on Comcast Channel 97, within the County limits. The
public will be able to listen to the meeting, but no comments can be made without registering in advance
in accordance with the prescribed procedure.
11.E.1
Packet Pg. 105
11.F.2
Packet Pg. 587 Attachment: Agenda 05_26_2020 Item #11E (Emergency_Executive Order) (16294 : Use of Communications Media Technology)
Rev. 5-15-20 Page 1 of 3
COLLIER COUNTY HYBRID VIRTUAL QUASI-JUDICIAL
HEARING PROCEDURES DURING THE DECLARED
COVID-19 EMERGENCY
1. Applicability.
These procedures allow for the use of communications media technology (CMT) pursuant
to Executive Order No. 20-69, Section 120.54(5)(b)(2), Florida Statutes, and supplement and amend
Collier County Executive Order No. 2020-01, County Resolution No. 98-167, and County
ordinances and resolutions governing land use matters. A hybrid quasi-judicial proceeding allows
for in person participation and CMT participation as described in these procedures.
2. Ex parte communications.
All ex parte disclosures by the Board of County Commissioners or members of the
Planning Commission, or other body subject to ex parte communication disclosures (Quasi-
Judicial Body), who are appearing virtually, will be made in writing before the public hearing.
Unless waived by an individual Commissioner of the Board of County Commissioners, there will
be no ex parte communication by any party to the proceeding beginning five business days before
each public hearing. Staff will send the written disclosures electronically to the Applicant and any
person that requests a copy.
3. General procedures.
a) Condition to Scheduling Hearing. When an Application has progressed to the point
of scheduling a quasi-judicial hearing (as determined by the County), Applicants shall choose either
i) delaying consideration of their Application and proceeding with the public hearing, after the
declared emergency has ended, at a meeting that is not a hybrid virtual meeting; or (ii) proceeding
during the declared emergency, while the County conducts a hybrid virtual meeting, and waiving
Applicant’s right to contest any procedural irregularity. Such election by an Applicant shall be
provided in writing.
b) Oaths. A person who appears remotely before the Quasi-Judicial Body who is not
a party or party-intervenor shall be allowed to testify before the Quasi-Judicial Body, subject to
control by the Quasi-Judicial Body, and may be requested to respond to questions from the Quasi-
Judicial Body, but shall not be sworn as a witness, is not subject to cross-examination, and is not
required to be qualified as an expert witness. The Quasi-Judicial Body shall assign weight and
credibility to such testimony as it deems appropriate. A party or party-intervenor in a quasi-judicial
proceeding on local government land use matters, upon request by another party or party-intervenor,
shall be sworn as a witness, shall be subject to cross-examination by other parties or party-
intervenors, and shall be required to be qualified as an expert witness, as appropriate. Each Staff
person participating remotely may be sworn one time for all quasi-judicial proceedings during the
duration of the Declared Emergency.
11.E.2
Packet Pg. 106
11.F.2
Packet Pg. 588 Attachment: Agenda 05_26_2020 Item #11E (Emergency_Executive Order) (16294 : Use of Communications Media Technology)
Rev. 5-15-20 Page 2 of 3
c) Technical Malfunction During Hearing. In the event the County’s communications
media technology malfunctions during the Hybrid Virtual Quasi-Judicial Hearing, the County shall
use its best efforts to provide notice to all parties as to the date and time of the continuation of the
Hybrid Virtual Quasi-Judicial Hearing.
d) Record. The Clerk shall maintain custody of all recordings of testimony, evidence,
and documents submitted into evidence at the Virtual Quasi-Judicial Hearing in the same manner
as for non-emergency quasi-judicial hearings.
e) Notice. The notice of Hybrid Virtual Quasi-Judicial Hearing will provide the
instructions for accessing the meeting using CMT.
4. Hybrid Virtual Quasi-Judicial Hearing Procedures.
Public meetings conducted as hybrid virtual meetings will be conducted in accordance with
the procedures in County Resolution No. 98-167 subject to the following:
a) Quorum; Voting. Unless a physical quorum is required, any requirement that the
voting members be physically present at the meeting, either to vote or to be counted for quorum
requirements, is hereby waived for the duration of the declared State of Emergency provided that
a quorum of such members participate in the meeting by means of a hybrid virtual meeting. If there
is not a physical quorum present at the meeting, the Chairman or his designee will call the roll and
verbally verify that a quorum is present at the beginning of the meeting and all voting shall be
conducted verbally by roll call.
b) Staff and Applicant Participation. Unless waived by a majority of the voting
members of the Quasi-Judicial Body, the Applicant and its witnesses will attend the meeting in
person. Staff and its witnesses may attend in person or electronically.
c) General Public. The public may attend in person or electronically. All public
comment or participation will be limited to a maximum of 3 minutes, unless the Chairman, in their
discretion allows additional time. Remote participants will not be allowed to receive speaking time
from another speaker or to provide speaking time to another speaker. Remote participation is
provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues.
d) Participation by way of electronic media. All speakers participating electronically
must be recognized by the Chair prior to speaking, and no more than one person will speak at the
same time. To facilitate the orderly conduct of the meeting, the County will "mute" or otherwise
disable the lines of members of the public until such time as they are recognized to speak. Interested
persons desiring to provide public comment should comply with the directions provided in the
meeting notice and/or otherwise described by the Chair and/or County staff operating the electronic
media. Electronic participants will be placed in a queue on a first-come, first serve basis, and will
be notified by a member of County staff when they will be permitted to speak.
11.E.2
Packet Pg. 107
11.F.2
Packet Pg. 589 Attachment: Agenda 05_26_2020 Item #11E (Emergency_Executive Order) (16294 : Use of Communications Media Technology)
Rev. 5-15-20 Page 3 of 3
e) Order of presentation. The initial presentation will be by Applicant followed by
Staff’s presentation. Applicant and Staff are limited to the use of Powerpoint. Unless approved by
the Chair, a visualizer will not be available.
5. Technical Information for CMT Quasi-Judicial Hearings.
a) Participating in the Virtual Quasi-Judicial Public Meeting. Individuals who would
like to participate remotely, should register in advance through the link provided on the front page of
the county website at www.colliercountyfl.gov. Individuals who register will receive an email in
advance of the public hearing detailing how they can participate remotely in this meeting. Virtual
meeting attendees will be able to hear the members of the Quasi-Judicial Body and other persons
when speaking.
b) Viewing the Virtual Quasi-Judicial Public Meeting. The meeting may be viewed
online via livestreaming at www.colliercountyfl.gov. or live on Comcast Channel 97, within the
County limits. The public will be able to listen to the meeting, but no comments can be made
without registering in advance in accordance with the prescribed procedure.
11.E.2
Packet Pg. 108
11.F.2
Packet Pg. 590 Attachment: Agenda 05_26_2020 Item #11E (Emergency_Executive Order) (16294 : Use of Communications Media Technology)
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-69
(Emergency Management-COVID-19 -Local Government Public Meetings)
WHEREAS, on March 1, 2020, I issued Executive Order 20-51 directing the Florida
Department of Health to issue a Public Health Emergency as a result of COVID-19; and
WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer
declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and
WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of
emergency for the entire State of Florida as a result of COVID-19; and
WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease
Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising
individuals to adopt far-reaching social distancing measures, such as working from home and
avoiding gatherings of more than 10 people; and
WHEREAS, on March 17, 2020, I wrote a letter to Attorney General Ashley Moody
seeking an advisory opinion regarding concerns raised by local government bodies about their
ability to hold meetings through teleconferencing and other technological means in order to protect
the public and follow the CDC guidance regarding social distancing; and
WHEREAS, on March 19, 2020, Attorney General Ashley Moody delivered an opinion
to me indicating that certain provisions of Florida law require a physical quorum be present for
local government bodies to conduct official business, and that local government bodies may only
conduct meetings by teleconferencing or other technological means if either a statute permits a
quorum to be present by means other than in person, or that the in person requirement for
constituting a quorum is lawfully suspended during the state of emergency; and
11.F.3
Packet Pg. 591 Attachment: State_EO_20-69 (16294 : Use of Communications Media Technology)
WHEREAS , it is necessary and appropriate to take action to ensure that COVID-19
remains controlled, and that residents and visitors in Florida remain safe and secure;
NOW, THEREFORE, I, RON DESANTIS , as Governor of Florida, by virtue of the
authority vested in me by Article IV , Section (l)(a) of the Florida Constitution, Chapter 252 ,
Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take
immediate effect:
Section 1. I hereby suspend any Florida Statute that requires a quorum to be present in
person or requires a local government body to meet at a specific public place.
Section 2. Local government bodies may utilize communications media technology,
such as telephonic and video conferencing, as provided in section 120.54(5)(b)2., Florida Statutes.
Section 3. This Executive Order does not waive any other requirement under the
Florida Constitution and "Florida's Government in the Sunshine Laws," including Chapter 286 ,
Florida Statutes.
Section 4 . This Executive Order shall expire at the expiration of Executive Order 20-
52 , including any extension.
ATTEST:
IN TESTIMONY WHEREOF, I have hereunto
set my hand and caused the Great Seal of the
State of Florida to be affixed, at Tallahassee, this
20th da · of March, 20
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11.F.3
Packet Pg. 592 Attachment: State_EO_20-69 (16294 : Use of Communications Media Technology)
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-52
(Emergency Management -COVID-19 Public Health Emergency)
WHEREAS , Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory
illness that can spread among humans through respiratory transmission and presents with
symptoms similar to those of influenza; and
WHEREAS, in late 2019, a new and significant outbreak of COVID-19 emerged in China;
and
WHEREAS, the World Health Organization previously declared COVID-19 a Public
Health Emergency of International Concern; and
WHEREAS, in response to the recent COVID-19 outbreak in China, Iran, Italy, Japan and
South Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to
prohibit or restrict non-essential travel to or from those countries; and
WHEREAS, on March I , 2020, I issued Executive Order number 20-51 directing the
Florida Department of Health to issue a Public Health Emergency; and
WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer
declared a Public Health Emergency exists in the State of Florida as a result of COVID-19 ; and
WHEREAS, on March 7, 2020, I directed the Director of the Division of Emergency
Management to activate the State Emergency Operations Center to Level 2 to provide coordination
and response to the COVID-19 emergency; and
WHEREAS, as of March 9, 2020, eight counties in Florida have positive cases for
COVID-19, and COVID-19 poses a risk to the entire state of Florida; and
11.F.4
Packet Pg. 593 Attachment: State_EO_20-52 (16294 : Use of Communications Media Technology)
WHEREAS, the CDC currently recommends community preparedness and everyday
prevention measures be taken by all individuals and families in the United States, including
voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs
and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often
with soap and water for at least 20 seconds, using of alcohol-based hand sanitizers with 60%-95%
alcohol if soap and water are not readily available and routinely cleaning frequently touched
surfaces and objects to increase community resilience and readiness for responding to an outbreak;
and
WHEREAS, the CDC currently recommends mitigation measures for communities
experiencing an outbreak including staying at home when sick, keeping away from others who are
sick, limiting face-to-face contact with others as much as possible, consulting with your healthcare
provider if individuals or members of a household are at high risk for COVID-19 complications,
wearing a facemask if advised to do so by a healthcare provider or by a public health official,
staying home when a household member is sick with respiratory disease symptoms if instructed to
do so by public health officials or a health care provider; and
WHEREAS, as Governor, I am responsible for meeting the dangers presented to this state
and its people by this emergency.
NOW, THEREFORE, I, RON DESANTIS , as Governor of Florida, by virtue of the
authority vested in me by Article IV, Section (l)(a) of the Florida Constitution, Chapter 252,
Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take
immediate effect:
Section 1. Because of the foregoing conditions, I declare a state of emergency exists in the
State of Florida.
2
11.F.4
Packet Pg. 594 Attachment: State_EO_20-52 (16294 : Use of Communications Media Technology)
Section 2. I designate the Director of the Division of Emergency Management ("Director")
as the State Coordinating Officer for the duration of thi s emergency and direct him to execute the
State's Comprehensive Emergency Management Plan and other response, recovery , and mitigation
plans necessary to cope with the emergency. Additionally, I designate the State Health Officer
and Surgeon General as a Deputy State Coordinating Officer and State Incident Commander.
Pursuant to section 252 .36(1 )(a), Florida Statutes, I delegate to the State Coordinating
Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida
Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of
section 252 .33 , Florida Statutes. In exercising the powers delegated by this Order, the State
Coordinating Officer shall confer with the Governor to the fullest extent practicable. The State
Coordinating Officer shall also have the authority to:
A. Seek direct assistance and enter into agreements with any and all agencies of the
United States Government as may be needed to meet the emergency.
B. Designate additional Deputy State Coordinating Officers, as necessary.
C. Suspend the effect of any statute, rule, or order that would in any way prevent,
hinder, or delay any mitigation, response, or recovery action necessary to cope with this
emergency.
D. Enter orders as may be needed to implement any of the foregoing powers; however,
the requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such
orders issued by the State Coordinating Officer; however, no such order shall remain in effect
beyond the expiration of this Executive Order, to include any extension.
Section 3. I order the Adjutant General to activate the Florida National Guard , as needed,
to deal with thi s emergency .
3
11.F.4
Packet Pg. 595 Attachment: State_EO_20-52 (16294 : Use of Communications Media Technology)
Section 4 . I find that the special duties and responsibilities resting upon some State,
regional , and local agencies and other governmental bodies in responding to the emergency may
require them to suspend the application of the statutes, rules, ordinances, and orders they
administer. Therefore, I issue the following authorizations:
A. Pursuant to section 252.36(1)(a), Florida Statutes, the Executive Office of the
Governor may suspend all statutes and rules affecting budgeting to the extent necessary to provide
budget authority for state agencies to cope with this emergency. The requirements of sections
252.46 and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the
Executive Office of the Governor; however, no such suspension shall remain in effect beyond the
expiration of this Executive Order, to include any extension.
B. Each State agency may suspend the provisions of any regulatory statute prescribing
the procedures for conduct of state business or the orders or rules of that agency, if strict
compliance with the provisions of any such statute, order, or rule would in any way prevent, hinder,
or delay necessary action in coping with the emergency. This includes, but is not limited to, the
authority to suspend any and all statutes, rules, ordinances, or orders which affect leasing, printing,
purchasing, travel , and the condition of employment and the compensation of employees. For the
purposes of this Executive Order, "necessary action in coping with the emergency " means any
emergency mitigation, response, or recovery action: (1) prescribed in the State Comprehensive
Emergency Management Plan ("CEMP"); or (2) ordered by the State Coordinating Officer. The
requirements of sections 252.46 and 120.54, Florida Statutes, shall not apply to any such
suspension issued by a State agency; however, no such suspension shall remain in effect beyond
the expiration of thi s Executive Order, to include any extensions.
4
11.F.4
Packet Pg. 596 Attachment: State_EO_20-52 (16294 : Use of Communications Media Technology)
C. In accordance with section 465 .0275, Florida Statutes, pharmacists may dispense
up to a 30-day emergency prescription refill of maintenance medication to persons who reside in
an area or county covered under this Executive Order and to emergency personnel who have been
activated by their state and local agency but who do not reside in an area or county covered by this
Executive Order.
D. In accordance with section 252.38, Florida Statutes, each political subdivision
within the State of Florida may waive the procedures and fonnalities otherwise required of the
political subdivision by law pertaining to:
1) Performance of public work and taking whatever prudent action is
necessary to ensure the health, safety, and welfare of the community;
2) Entering into contracts; however, political subdivisions are cautioned
against entering into time and materials contracts without ceiling as defined by 2 CFR 200.318(j)
or cost plus percentage contracts as defined by 2 CFR 200.323(d);
3) Incurring obligations;
4) Employment of permanent and temporary workers ;
5) Utilization of volunteer workers;
6) Rental of equipment;
7) Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities ; and,
8) Appropriation and expenditure of public funds.
E. All State agencies responsible for the use of State buildings and facilities may close
such buildings and facilities in those portions of the State affected by this emergency , to the extent
necessary to meet this emergency. I direct each State agency to report the closure of any State
5
11.F.4
Packet Pg. 597 Attachment: State_EO_20-52 (16294 : Use of Communications Media Technology)
building or facility to the Secretary of the Department of Management Services. Under the
authority contained in section 252.36, Florida Statutes, I direct each County to report the closure
of any building or facility operated or maintained by the County or any political subdivision therein
to the Secretary of the Department of Management Services. Furthermore, I direct the Secretary
of the Department of Management Services to:
1) Maintain an accurate and up-to-date list of all such closures; and,
2) Provide that list daily to the State Coordinating Officer.
Section 5. I find that the demands placed upon the funds appropriated to the agencies of
the State of Florida and to local agencies are unreasonably great and the funds currently available
may be inadequate to pay the costs of coping with this emergency. In accordance with section
252.3 7(2), Florida Statutes, I direct that sufficient funds be made available, as needed, by
transferring and expending moneys appropriated for other purposes, moneys from unappropriated
surplus funds, or from the Budget Stabilization Fund.
Section 6. All State agencies entering emergency final orders or other final actions in
response to this emergency shall advise the State Coordinating Officer contemporaneously or as
soon as practicable.
Section 7. Medical professionals and workers, social workers, and counselors with good
and valid professional licenses issued by states other than the State of Florida may render such
services in Florida during this emergency for persons affected by this emergency with the
condition that such services be rendered to such persons free of charge, and with the further
condition that such services be rendered under the auspices of the American Red Cross or the
Florida Department of Health.
6
11.F.4
Packet Pg. 598 Attachment: State_EO_20-52 (16294 : Use of Communications Media Technology)
Section 8. All activities taken by the Director of the Division of Emergency Management
and the State Health Officer and Surgeon General with respect to this emergency before the
issuance of this Executive Order are ratified. This Executive Order shall expire sixty days from
this date unless extended.
ATTEST:
IN TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of
Florida to be affixed, at Tallahassee, this 9th day of
March, 2:..0_._
7
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11.F.4
Packet Pg. 599 Attachment: State_EO_20-52 (16294 : Use of Communications Media Technology)
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 21-94
(Emergency Management -Extension of Executive0rder20-52-COVID-19)
WHEREAS , on March 9, 2020, I issued Executive Order 20-52, subsequently extended ,
declaring a state of emergency for the entire state due to COVID-19; and
WHEREAS, no state of emergency declared pursuant to the Florida Emergency
Management Act may continue for more than 60 days unless renewed by the Governor; and
WHEREAS , the impact of COVID-19 poses a continuing threat to the health, safety
and welfare of the State ofFlorida and its residents; and
WHEREAS, an extension of Executive Order 20-52, as extended, is necessary to
ensure Florida schools remain open for the remainder of the school year and to protect
Floridians from being required to produce a so-called vaccine passport as a condition of
participating in everyday life ; and
WHEREAS , the state continues to implement budgetary response efforts to help
Floridians to the greatest extent possible; and
WHEREAS , as Florida recovers and re-launches its economy, I am committed to providing
all available resources to assist Floridians and local communities with their efforts.
NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the
authority vested in me by Article IV , Section 1 (a) of the Florida Constitution and by the Florida
Emergency Management Act, as amended, and all other applicable laws , promulgate the following
Executive Order, to take immediate effect:
Section 1. The state of emergency declared in Executive Order 20-52, as extended by
11.F.5
Packet Pg. 600 Attachment: State_EO_21-94 (16294 : Use of Communications Media Technology)
.
IN TESTIMONY WHEREOF, I have hereunto set my
hand and caused the Great Seal of the State of
Florida to be affixed, at Tallahassee, this 27th day of
April, 2021.
,.....
Executive Orders 20-114, 20-166 , 20-192 , 20-213 , 20-276, 20-316, and 21-45 will be extended for
60 days following the issuance of this order for the entire State of Florida.
Section 2. All actions taken by the Director of the Division of Emergency Management
as the State Coordinating Officer with respect to this emergency before the issuance of this
Executive Order are ratified , and he is directed to continue to execute the State's
Comprehensive Emergency Management Plan and other response , recovery, and mitigation
plans necessary to cope with the emergency.
Section 3 . As Florida continues to realize a manageable trend in COVID-19 cases, over
8.5 million vaccinated individuals, a 4.7 % unemployment rate well under the national average,
and state revenues improving significantly from worst-case projections during the pandemic,
gaining $4.1 billion additional projected revenue over three fiscal years from the August 2020
estimate, the state should prepare to resume non-emergency operations.
Section 4. Except as amended herein , Executive Order 20-52, extended by Executive
Orders 20-114, 20-166, 20-192, 20-213 , 20-276, 20-316, and 21-45 is ratified and reaffirmed.
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11.F.5
Packet Pg. 601 Attachment: State_EO_21-94 (16294 : Use of Communications Media Technology)