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Agenda 04/11/2023 Item # 9A (Ordinance establishing the Collier County Health Freedom Bill of Rights)04/ 11 /2023 9.A EXECUTIVE SUMMARY Recommendation to consider adopting an Ordinance establishing the Collier County Health Freedom Bill of Rights. (Companion to Item 10A) OBJECTIVE: To consider adopting an Ordinance safeguarding the healthcare rights and freedoms of Collier County residents. CONSIDERATIONS: On March 28, 2023 under item 10A, the Board of County Commissioners ("Board") directed the County Attorney to advertise the proposed Health Freedom Bill of Rights Ordinance and bring back this item for public hearing. Numerous County residents have expressed their concerns to the Board over the federal government's and the World Health Organization's attempts to impose public health mandates and limit an individual's healthcare freedoms and rights. This Ordinance seeks to address the concerns of Collier County residents and prohibit COVID-19 vaccine mandates, mask mandates, quarantines, vaccine passports, and rejects health directives by the World Health Organization and other international bodies. The Ordinance also adopts state statutes, which have codified many of these protections, into local law and allows for Code Enforcement to enforce the Ordinance. FISCAL IMPACT: Legal advertising costs for the ordinance were $560. The future fiscal impact is unknown if additional Code Enforcement staff is necessary to administer. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: To consider adopting an Ordinance establishing the Collier County Health Freedom Bill of Rights. Prepared by: Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Ordinance - Health Freedom Bill of Rights (PDF) 2. legal ad - Health Freedom Ordinance (PDF) Packet Pg. 31 9.A 04/11/2023 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 24833 Item Summary: Recommendation to consider adopting an Ordinance establishing the Collier County Health Freedom Bill of Rights. (Companion to Item l0A) Meeting Date: 04/11/2023 Prepared by: Title: Legal Assistant — County Attorney's Office Name: Wanda Rodriguez 03/02/2023 3:43 PM Submitted by: Title: County Attorney — County Attorney's Office Name: Jeffrey A. Klatzkow 03/02/2023 3:43 PM Approved By: Review: County Attorney's Office Office of Management and Budget Office of Management and Budget County Manager's Office Board of County Commissioners Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Debra Windsor Level 3 OMB Gatekeeper Review Christopher Johnson Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 04/04/2023 9:20 AM Completed 04/04/2023 10:45 AM Completed 04/05/2023 7:23 AM Completed 04/05/2023 4:10 PM 04/11/2023 9:00 AM Packet Pg. 32 9.A.1 I ORDINANCE NO.2023 - 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 3 COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER 4 COUNTY HEALTH FREEDOM BILL OF RIGHTS; PROVIDING FOR 5 CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN 6 THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN 7 EFFECTIVE DATE. 8 WHEREAS, numerous County residents have expressed their concerns to the Board of 9 County Commissioners ("Board") over the federal government's and the World Health 10 Organization's attempts to impose public health mandates and limit an individual's healthcare 11 freedoms and rights; and 12 13 WHEREAS, the State of Florida has recognized these concerns and in November of 2021, 14 Governor DeSantis signed into law Senate Bill (SB) 2-B and its companion House Bill (HB) 1- 15 B,1 as well as HB 3-B/SB 4-B, 2, now codified in Chapter 381, Florida Statutes, in large part 16 prohibiting the ability of private employers to impose a COVID-19 vaccination mandate amongst 17 other protections; and 18 19 WHEREAS, the State of Florida further protects its residents' health related rights and 20 freedoms through Section 381.026, Florida Statutes, the Florida Patient's Bill of Rights and 21 Responsibilities, which promotes the interests and wellbeing of patients of healthcare providers 22 and healthcare facilities; and 23 24 WHEREAS, the Board wishes to address the concerns of Collier County residents and 25 adopt the foregoing State Statutes into local law, as well as to expand upon them. 26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 28 29 SECTION ONE: Title 30 This Ordinance shall be known and cited as the "Collier County Health Freedom Bill of 31 Rights" Ordinance. 32 SECTION TWO: Purpose and Intent 33 The purpose of this Ordinance is to safeguard the healthcare rights and freedoms of Collier 34 County residents. 35 SECTION THREE: Definitions 36 The terms used in this Ordinance shall be defined as outlined in Chapter 381, Florida 37 Statutes, as may be amended from time to time. 38 Packet Pg. 33 9.A.1 39 SECTION FOUR: Applicability. 40 This Ordinance is applicable and limited to unincorporated Collier County. 41 SECTION FIVE: COVID-19 vaccine documentation prohibited. 42 (A) A business entity within Collier County, as defined in Florida Statutes Sec. 768.38, may not 43 require patrons or customers to provide any documentation certifying COVID-19 vaccination or 44 postinfection recovery to gain access to, entry upon, or service from the business operations in 45 Collier County. This subsection does not otherwise restrict businesses from instituting screening 46 protocols consistent with authoritative or controlling government -issued guidance to protect public 47 health. 48 (B) Collier County will not require anyone to provide any documentation certifying COVID-19 49 vaccination or postinfection recovery to gain access to, entry upon, or service from Collier 50 County's operations. 51 52 SECTION SIX: Private employer COVID-19 vaccination mandates prohibited. 53 54 (A) A private employer within Collier County may not impose a COVID-19 vaccination 55 mandate for any full-time, part-time, or contract employee without providing individual 56 exemptions that allow an employee to opt out of such requirement on the basis of medical reasons, 57 including, but not limited to, pregnancy or anticipated pregnancy; religious reasons; COVID-19 58 immunity; periodic testing; and the use of employer -provided personal protective equipment. For 59 purposes of this section, the term "COVID-19" means the novel coronavirus identified as SARS- 60 CoV-2; any disease caused by SARS-CoV-2, its viral fragments, or a virus mutating therefrom; 61 and all conditions associated with the disease which are caused by SARS-CoV-2, its viral 62 fragments, or a virus mutating therefrom. Employers shall use forms adopted by the Department 63 of Health, or substantially similar forms, for employees to submit exemption statements. 64 (B) If an employer fails to comply with subsection (A) and terminates an employee based on the 65 employee's noncompliance with a COVID-19 vaccination mandate, the terminated employee may 66 be eligible for reemployment in addition to any other remedy available to the employee. 67 (C) An employer may not impose a policy that prohibits an employee from choosing to receive 68 a COVID-19 vaccination. 69 70 71 SECTION SEVEN: Vaccination mandates for Collier County employees. 72 73 Unless required by law, Collier County shall not impose any vaccination mandate for any 74 Collier County employee without the unanimous vote by the Board. 75 76 77 Packet Pg. 34 9.A.1 78 SECTION EIGHT: Mask Mandates and Quarantine 79 80 Unless required by law, Collier County shall not impose a mask mandate, or issue a 81 quarantine order, without the unanimous vote by the Board. 82 83 SECTION NINE: Vaccine Passports 84 85 Unless required by law, Collier County shall not require a Vaccine Passport as a condition 86 of entry without the unanimous vote by the Board. 87 88 SECTION TEN: Directives from the World Health Organization and Other International 89 Bodies 90 91 Unless compelled by Federal or State law, Collier County does not recognize any authority 92 by the World Health Organization or any other international body to impose any health mandates 93 or directives within Collier County. 94 95 SECTION ELEVEN: Florida Patient's Bill of Rights and Responsibilities. 96 97 Collier County hereby adopts in its entirety the Florida Patient's Bill of Rights and 98 Responsibilities, as codified in Florida Stat. Sec. 381.026, as may be amended from time to time. 99 100 SECTION TWELVE: Penalties. 101 To the extent not inconsistent with Florida law, violations of this Ordinance shall be 102 punishable as provided by law for the violation of county ordinances. 103 104 SECTION THIRTEEN: Conflict and Severability 105 In the event this Ordinance conflicts with State or Federal law, State or Federal law shall 106 apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of 107 competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision 108 and such holding shall not affect the validity of the remaining portion. 109 It is the intent of this Ordinance to mirror State law. Accordingly, this Ordinance shall be 110 automatically amended upon any amendment of Chapter 381, Florida Statutes, or any other 111 relevant State law. 112 SECTION FOURTEEN: Inclusion in the Code of Laws and Ordinances 113 The provisions of this Ordinance shall become and be made part of the Code of Laws and 114 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or Packet Pg. 35 9.A.1 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIFTEEN: Effective Date This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2023. ATTEST: CRYSTAL K. KINZEL, CLERK 0 , Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro, Chairman Packet Pg. 36 Lj Public Notices Public Notices NOTICE OF PUBLIC SALE: Pursuant to FL Self -Storage Facility Act & to satisfy Owner's lien, Storage Sense Naples located at 5800 Houchin Street, Naples, FL, 34109, 239-631-1102 intends to sell the personal property described below in order to satisfy Owne- r's lien. Everything sold is purchased AS-15 for CASH ONLY. See and bid on all units 24/7 ending on Tuesday, April 18, 2023 at 10:OOAM @ www.lockerfox.com. Facility reserves the right to re- fuse any bid or rescind any purchase until the winning bidder takes possession of the property. TERMS listed on auction website. • Unit 111 - Mia L Albin — personal property Mar 31, Apr 7, 2023 #5629063 NOTICE 8F PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held b the Collier County Board of County Commissioners on April 11, 2023, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, d Naples FL., to consider the enactment of a County Ordinance. V The meeting will commence at 9:00 A.M. The title of the pro- posed Ordinance is as follows: C AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER O COUNTY HEALTH FREEDOM BILL OF RIGHTS; PROVIDING FOR CONFLICT AND SEVERABILRY; PROVIDING FOR INCLUSION IN r THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE, A copy of the proposed Ordinance is on file with the Clerk to R the Board and is available for inspection. All interested parties 0 are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item rnust m register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- E 0 ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- d ganization may be allotted 10 minutes to speak on an itern. L ll Persons wishing to have written or graphic materials included in L the Board agenda packets must submit said material a minimurn of 3 weeks prior to the respective public hearing. In any case, M written materials intended to be considered by the Board shall = be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of Cl) the record. 00 As part of an ongoing initiative to encourage public involve- N ment, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceed- y ing. Individuals who would like to participate remotely should V register through the link provided within the specific C M event/meeting entryry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. -0 Registration should be done in advance of the public meeting O or any deadline specified within the public meeting notice. Indi- viduals who register will receive an email in advance of the pub- E lic hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk, The County is not responsible for technical is- y sues. For additional information about the meeting, please call Geoffrey Willig at 252-B369 or email to Geoffrey.Willig@collierc i ILLountyfl.gov. L Any person who decides to appeal any decision of the Board= will need a record of the proceedings pertaining thereto and d therefore, may need to ensure that a verbatim record of the = proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommoda- M tion in order to participate in this proceeding, you are entitled, R at no cost to you, to the provision of certain assistance. Please 01 contact the Collier County Facilities Management Division, locat- d ed at 3335 Tarniami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted w' listening devices for the hearing impaired are available in the y Board of County Commissioners Office. E BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M RICK LOCASTRO, CHAIRMAN Q CRYSTAL K. KINZEL, CLERK By: Jennifer Hansen, Deputy Clerk (SEAL) Pub: March 31, 2023 #5649003 IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA IN RE: ESTATE OF PROBATE DIVISION ROBERT LEE WYATT, File No. 11-2023-CP-000570-0001 Friday, 03/31/2023 Page .D19 Packet Pg. 37 (c) Naples Daily Nev