Agenda 07/14/2020 Item #10E (Request to Advertise an Ordinance - Face Mask Covering in Public)07/14/2020
EXECUTIVE SUMMARY
Recommendation that the Board direct the County Attorney to advertise and bring back for a
Special Hearing an Ordinance mandating that individuals wear a face covering in public.
OBJECTIVE: To protect the health, safety, and welfare of Collier County citizens.
CONSIDERATIONS: 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. Following the Governor’s
Declaration of a Public Health Emergency, on March 16, 2020, the Board of County Commissioners of
Collier County, Florida adopted Resolution No. 2020-50 declaring a state of emergency due to COVID-
19 for all territory within the legal boundaries of Collier County.
Collier County is now experiencing a growing rate of people testing positive for COVID-19, which if
unchecked threatens to overwhelm our public health system. To reduce the spread of COVID-19, the
United States Centers for Disease Control and Prevention (“CDC”) has issued guidelines that the general
population should wear face masks to capture the respiratory droplets of infected people to slow the
spread of COVID-19. The CDC recommends only simple cloth face coverings for the general population
and not surgical masks or N-95 respirators because these are critical supplies that must continue to be
reserved for healthcare workers and other medical first responders. Cloth face coverings are relatively
inexpensive and readily available as the CDC states they can be made from household items and provides
online guidance for making “do-it-yourself” coverings for people that cannot or do not want to buy one
from the increasing sources producing and selling coverings.
The proposed Ordinance mandates that an owner, manager, employee, customer or patron of a business
establishment must wear a face covering while in that business establishment. There are partial exceptions
for restaurants and bars, gyms, barbershops or beauty salons, hotels and other business establishments.
The Ordinance also requires that the owner, operator, manager, and employee of a business or lodging
establishment shall ensure that every individual in that establishment wears a mask.
Violations of the proposed Ordinance would be punishable by a fine not to exceed $500.00 or by
imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. The
Ordinance contains a number of exceptions.
FISCAL IMPACT: The cost of advertising the Ordinance is approximately $400.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council will review this item
at its meeting on July 8, 2020.
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: That the Board of County Commissioners direct the County Attorney to
advertise and bring back for a Special Hearing an Ordinance mandating that individuals wear a face
covering in public.
Prepared by: Commissioner Andy Solis, Esq., District 2
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ATTACHMENT(S)
1. Ordinance - Mask (DOCX)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.E
Doc ID: 12872
Item Summary: ***This item to be heard no sooner than 1:00 p.m.*** Recommendation that the
Board direct the County Attorney to advertise and bring back for a Special Hearing an Ordinance
mandating that individuals wear a face covering in public. (Commissioner Solis)
Meeting Date: 07/14/2020
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
07/08/2020 1:11 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
07/08/2020 1:11 PM
Approved By:
Review:
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 07/08/2020 10:58 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/08/2020 1:14 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/08/2020 1:23 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM
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ORDINANCE NO. 2020 -_____ 1
2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 3
COLLIER COUNTY, FLORIDA, MANDATING THAT INDIVIDUALS 4
WEAR A FACE COVERING IN PUBLIC IN CERTAIN 5
CIRCUMSTANCES; PROVIDING FOR TRANSMITTAL TO THE 6
SECRETARY OF STATE AND PROVIDING FOR AN EFFECTIVE AND 7
SUNSET DATE. 8
9
WHEREAS, COVID-19 is a respiratory illness caused by a virus that spreads rapidly from 10
person to person, which may result in serious illness or death, and which constitutes a clear and 11
present danger to the health, welfare and safety of the citizens of Collier County; and 12
WHEREAS, on March 1, 2020, Governor DeSantis declared a Public Health Emergency 13
as a result of COVID-19, and on March 9, 2020, Governor DeSantis issued Executive Order 20 -14
52, declaring a State of Emergency as a result of COVID -19, which has been supplemented by 15
subsequent Executive Orders all relating to the threat of COVID-19; and 16
WHEREAS, on March 16, 2020, the Board of County Commissioners of Collier County, 17
Florida adopted Proclamation/Resolution No. 2020-50 declaring a state of emergency due to 18
COVID-19 for all territory within the legal boundaries of Collier County; and 19
WHEREAS, Collier County is experiencing a growing rate of people testing positive for 20
COVID-19; and 21
WHEREAS, to reduce the spread of COVID-19, the United States Centers for Disease 22
Control and Prevention (“CDC”) has issued guidelines that the general population should wear 23
face masks to capture the respiratory droplets of infected people to slow the spread of COVID-19; 24
and 25
WHEREAS, the CDC does not recommend wearing cloth face covering for children under 26
the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise 27
unable to remove the mask without assistance; and 28
WHEREAS, the CDC recommends only simple cloth face coverings for the general 29
population and not surgical masks or N-95 respirators because these are critical supplies that must 30
continue to be reserved for healthcare workers and other medical first responders; and 31
WHEREAS, cloth face coverings are relatively inexpensive and readily available as the 32
CDC states they can be made from household items and provides online guidance for making “do-33
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it-yourself” coverings for people that cannot or do not want to buy one from the increasing sources 34
producing and selling coverings; and 35
WHEREAS, the Board finds it is in the best interest of public health, safety and welfare 36
of the residents and workers of and visitors to Collier County to require suitable face coverings in 37
public locations to slow the spread of COVID19; and 38
WHEREAS, the Board finds implementation of this Ordinance is necessary for the 39
preservation of the health, safety, and welfare of the community. 40
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of 41
Collier County, Florida, that: 42
43
SECTION ONE: FINDINGS. 44
The above recitals are adopted by the Board as legislative findings. 45
46
SECTION TWO: DEFINITIONS 47
For purposes of this Ordinance, the following terms are defined as follows: 48
(1) Face Covering. A “face covering” is a material that covers the nose and mouth. It can 49
be secured to the head with ties or straps or simply wrapped around the lower face. It can be made 50
of a variety of materials, such as cotton, silk, or linen. A cloth face covering may be factory-made 51
or sewn by hand or can be improvised from household items. 52
(2) Business establishment. A “business establishment” means a location with a roof 53
overhead under which any business is conducted, goods are made or stored or processed or where 54
services are rendered. The term “business establishment” also includes locations where non-profit, 55
governmental, and quasi-governmental entities facilitate public interactions and conduct business. 56
The term does not include schools servicing students under the age of 18. 57
(3) Lodging establishment. A “lodging establishment” shall have the same meaning as the 58
term “transient public lodging establishment” has in F.S. 509.013(4)(a)1 (2019). A lodging 59
establishment is a specific type of business establishment. 60
61
SECTION THREE: MANDATORY REQUIREMENTS 62
(1) An owner, manager, employee, customer or patron of a business establishment must 63
wear a face covering while in that business establishment. 64
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(2) The requirements of this section do not apply to: 65
a. Restaurant customers or patrons while dining and/or consuming beverages while seated 66
at a table; 67
b. A gym patron engaged in a workout or class where at least 6 feet of distancing exists 68
with the next closest patron; 69
c. Barbershop or beauty salon customers or patrons when wearing a face covering would 70
reasonably interfere with receiving services; 71
d. Business owners, managers, and employees who are in an area of a business 72
establishment that is not open to customers, patrons, or the public, provided that 6 feet of 73
distance exists between employees. This exception does not apply to employees who are 74
present in the kitchen or other food and beverage preparation area of a restaurant or food 75
establishment. When an owner, manager, or employee is in their place of employment but 76
not within six feet of another person, that owner, manager, or employee does not need to 77
wear a mask. 78
e. Bar patrons while consuming beverages and/or food; 79
f. A lodging establishment guest when inside of the lodging unit including but not limited 80
to a hotel room, motel room, vacation rental unit, timeshare unit, or similar unit. 81
(3) The owner, operator, manager, and employee of a business or lodging establishment 82
shall ensure that every individual in that establishment complies with this section. 83
(4) When a customer of a business establishment asserts that he or she has a disability that 84
prevents the individual from wearing a mask, the owner, manager, or employee of the business 85
establishment may exclude the individual, even if they have a disability, as they may pose a direct 86
threat to the health and safety of employees and other customers, even if asymptomatic, and shall 87
accommodate the disabled individual in a manner that does not fundamentally alter the operations 88
of the business establishment nor jeopardize the health of that business’s employees and other 89
customers, such as providing curb service or delivery or other reasonable accommodation. 90
91
SECTION FOUR: PENALTIES AND EXCLUSIONS. 92
Violations of this Ordinance shall be punishable by a fine not to exceed $500.00 or by 93
imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. 94
An owner, manager, and/or employee of a business establishment shall not be liable in any 95
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enforcement action taken under this section for the violations of a guest, customer, and/or patron 96
if that owner, manager, and/or employee directed that guest, customer, and/or patron who refuses 97
to wear a face covering to vacate the premises or face prosecution of trespass. This Ordinance 98
shall not apply to a child is under two years of age; an individual has one or more medical 99
conditions or disabilities that prevent wearing a face covering; an individual obtaining a service 100
involving the nose or face for which temporary removal of the face covering is necessary to 101
perform the service; or an individual who works in a profession where use of a face covering will 102
not be compatible with the duties of the profession. 103
104
SECTION FIVE: SEVERABILITY. 105
In the event this Ordinance conflicts with any other Ordinance of Collier County or other 106
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 107
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a 108
separate, distinct and independent provision and such holding shall not affect the validity of the 109
remaining portion. 110
111
SECTION SIX: APPLICABILITY. 112
This Ordinance is intended to apply solely within unincorporated Collier County. 113
114
SECTION SEVEN: EFFECTIVE DATE. 115
This Ordinance shall take immediate effect upon adoption and shall be filed with the 116
Department of State. 117
118
SECTION EIGHT: SUNSET DATE. 119
Unless rescinded or extended by subsequent act of the Board, this Ordinance shall sunset 120
one year from its effective date. 121
122
SECTION NINE: CODIFICATION. 123
Due to the temporary nature of this Ordinance, the Board directs the Clerk to send the 124
Ordinance to the Municipal Code for publication on its website but with instructions to not codify 125
the Ordinance within the Collier County Code. 126
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127
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 128
County, Florida, this ______ day of ________________, 2020. 129
130
ATTEST: BOARD OF COUNTY COMMISSIONERS 131
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA 132
133
134
By: _____________________________ By: _____________________________ 135
, Deputy Clerk BURT L. SAUNDERS, Chairman 136
137
138
139
140
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Approved as to form and legality: 142
143
_______________________________ 144
Jeffrey A. Klatzkow, County Attorney 145
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Packet Pg. 309 Attachment: Ordinance - Mask (12872 : ***This item to be heard no sooner than 1:00 p.m.***Mandating face coverings)