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)
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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
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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
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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
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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
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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
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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,
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Naples FL., to consider the enactment of a County Ordinance.
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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
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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
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the Board and is available for inspection. All interested parties
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are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item rnust
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register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limit-
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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-
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ganization may be allotted 10 minutes to speak on an itern.
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Persons wishing to have written or graphic materials included in
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the Board agenda packets must submit said material a minimurn
of 3 weeks prior to the respective public hearing. In any case,
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written materials intended to be considered by the Board shall
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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
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the record.
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As part of an ongoing initiative to encourage public involve-
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ment, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceed-
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ing. Individuals who would like to participate remotely should
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register through the link provided within the specific
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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.
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Registration should be done in advance of the public meeting
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or any deadline specified within the public meeting notice. Indi-
viduals who register will receive an email in advance of the pub-
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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
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ILLountyfl.gov.
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Any person who decides to appeal any decision of the Board=
will need a record of the proceedings pertaining thereto and
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therefore, may need to ensure that a verbatim record of the
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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-
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tion in order to participate in this proceeding, you are entitled,
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at no cost to you, to the provision of certain assistance. Please
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contact the Collier County Facilities Management Division, locat-
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ed at 3335 Tarniami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted
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listening devices for the hearing impaired are available in the
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Board of County Commissioners Office.
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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
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