Ordinance 2023-18 ORDINANCE NO. 2023 - 18
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER
COUNTY HEALTH FREEDOM BILL OF RIGHTS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, numerous County residents have expressed their concerns to the Board of
County Commissioners ("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; and
WHEREAS,the State of Florida has recognized these concerns and in November of 2021,
Governor DeSantis signed into law Senate Bill (SB) 2-B and its companion House Bill (HB) 1-
B,1 as well as HB 3-B/SB 4-B, 2, now codified in Chapter 381, Florida Statutes, in large part
prohibiting the ability of private employers to impose a COVID-19 vaccination mandate amongst
other protections; and
WHEREAS, the State of Florida further protects its residents' health related rights and
freedoms through Section 381.026, Florida Statutes, the Florida Patient's Bill of Rights and
Responsibilities, which promotes the interests and wellbeing of patients of healthcare providers
and healthcare facilities; and
WHEREAS, the Board wishes to address the concerns of Collier County residents and
adopt the foregoing State Statutes into local law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: Title
This Ordinance shall be known and cited as the "Collier County Health Freedom Bill of
Rights" Ordinance.
SECTION TWO: Purpose and Intent
The purpose of this Ordinance is to safeguard the healthcare rights and freedoms of Collier
County residents.
SECTION THREE: Definitions
The terms used in this Ordinance shall be defined as outlined in Chapter 381, Florida
Statutes, as may be amended from time to time.
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SECTION FOUR: Applicability.
This Ordinance is applicable and limited to unincorporated Collier County.
SECTION FIVE: COVID-19 vaccine documentation prohibited.
(A) A business entity within Collier County, as defined in Florida Statutes Sec. 768.38, may not
require patrons or customers to provide any documentation certifying COVID-19 vaccination or
postinfection 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 postinfection recovery to gain access to, entry upon, or service from Collier
County's operations.
(C) Florida Statutes Sec. 381.00316 is incorporated herein by reference, as it pertains to
exemptions for health care providers.
SECTION SIX: 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 section, 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 subsection(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.
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SECTION SEVEN: Vaccination mandates for Collier County employees.
Unless required by law, Collier County shall not impose any vaccination mandate for any
Collier County employee except by supermajority vote by the Board.
SECTION EIGHT: 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.
SECTION NINE: 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.
SECTION TEN: 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.
SECTION ELEVEN: 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 Florida Stat. Sec. 381.026, as may be amended from time to time.
SECTION TWELVE: Penalties.
To the extent not inconsistent with Florida law, violations of this Ordinance shall be
punishable as provided by law for the violation of county ordinances.
SECTION THIRTEEN: Conflict and Severability
In the event this Ordinance conflicts with State or Federal law, State or Federal law shall
apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,distinct and independent provision
and such holding shall not affect the validity of the remaining portion.
It is the intent of this Ordinance to mirror State law. Accordingly, this Ordinance shall be
automatically amended upon any amendment of Chapter 381, Florida Statutes, or any other
relevant State law.
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SECTION FOURTEEN: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
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 1 lth day of April, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. N 1 ),CLERK COLLIER COUNTY, FLORIDA
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j Depttty,C14 ,j ..... ,. Rick LoCastro, Chairman
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Jeffrey • 1. 'kow, County Attorney
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
April 17, 2023
Jennifer Hansen, BMR& VAB
Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Jennifer Hansen,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the Collier County Ordinance No. 2023-18, which was filed in this office on April 17,
2023.
If you have any questions or need further assistance, please contact me at(850)245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270