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Agenda 07/21/2020 BCC-EmergencyCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority EMERGENCY MEETING TO DISCUSS THE WEARING OF FACE COVERINGS IN PUBLIC PLACES AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 July 21, 2020 9:00 AM Commissioner Burt Saunders, District 3 – Chair Commissioner Andy Solis, District 2 – Vice-Chair Commissioner Donna Fiala, District 1; CRAB Co-Chair Commissioner Penny Taylor, District 4 Commissioner William L. McDaniel, Jr., District 5; CRAB Co-Chair NOTICE: All persons wishing to speak on Agenda items must register prior to presentation of the Agenda item to be addressed. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman. Requests to petition the Board on subjects which are not on this agenda must be submitted in writing with explanation to the County Manager at least 13 days prior to the date of the meeting and will be heard under “Public Petitions.” Public petitions are limited to the presenter, with a maximum time of ten minutes. Any person who decides to appeal a decision of this Board will need a record of the proceeding pertaining thereto, and 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 to be based. Collier County Ordinance No. 2003-53 as amended by ordinance 2004-05 and 2007-24, requires that all lobbyists shall, before engaging in any lobbying activities (including but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112-5356, (239) 252-8380; assisted listening devices for the hearing impaired are available in the Facilities Management Division. Lunch Recess scheduled for 12:00 Noon to 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. BOARD OF COUNTY COMMISSIONERS 2.A. Reconsideration of Item 10E from the July 14, 2020 BCC Meeting titled: 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 Taylor) (All Districts) 3. ADJOURN Inquiries concerning changes to the Board’s Agenda should be made to the County Manager’s Office at 252-8383. 07/21/2020 COLLIER COUNTY Board of County Commissioners Item Number: 2.A Item Summary: Reconsideration of Item 10E from the July 14, 2020 BCC Meeting titled: 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 Taylor) Meeting Date: 07/21/2020 Prepared by: Title: Manager - Technical Systems Operations – Administrative Services Department Name: Michael Cox 07/20/2020 1:04 PM Submitted by: Title: Commissioner District 4 – Board of County Commissioners Name: Penny Taylor 07/20/2020 1:04 PM Approved By: Review: County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/20/2020 1:07 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/20/2020 1:15 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/21/2020 9:00 AM 2.A Packet Pg. 3 1 CoxMichael From:TaylorPenny Sent:Monday, July 20, 2020 9:52 AM To:OchsLeo Cc:BrockMaryJo Subject:Reconsideration of Item 10.E on the 7-14-20 Agenda Importance:High Good morning Leo, I am requesting an emergency meeting be called to reconsider Item 10.E. on the 7-14-20 agenda. I have had a change of heart regarding the mask issue.I would like this heard at the earliest convenience of Chairman Saunders. It’s my understanding that this could be a hybrid meeting which will not negate the participation of the other Commission Members traveling. I look forward to your prompt response. Penny Taylor Board of Collier County Commissioners District 4 Commissioner penny.taylor@colliercountyfl.gov Tel 239-252-8604 Fax 239-252-6393 Click here to sign up for our District 4 newsletter Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2.A.1 Packet Pg. 4 Attachment: Email from Commissioner Taylor regarding Reconsideration of Item 10.E on the 7-14-20 Agenda (12974 : Reconsideration of 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 2.A.2 Packet Pg. 5 Attachment: Exec Summary and Ordinance from 7-14-2020 BCC meeting (12974 : Reconsideration of COVID-19 issue regarding face coverings 07/14/2020 ATTACHMENT(S) 1. Ordinance - Mask (DOCX) 2.A.2 Packet Pg. 6 Attachment: Exec Summary and Ordinance from 7-14-2020 BCC meeting (12974 : Reconsideration of COVID-19 issue regarding face coverings 07/14/2020 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 2.A.2 Packet Pg. 7 Attachment: Exec Summary and Ordinance from 7-14-2020 BCC meeting (12974 : Reconsideration of COVID-19 issue regarding face coverings Page 1 of 5 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 2.A.2 Packet Pg. 8 Attachment: Exec Summary and Ordinance from 7-14-2020 BCC meeting (12974 : Reconsideration of COVID-19 issue regarding face coverings Page 2 of 5 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 2.A.2 Packet Pg. 9 Attachment: Exec Summary and Ordinance from 7-14-2020 BCC meeting (12974 : Reconsideration of COVID-19 issue regarding face coverings Page 3 of 5 (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 2.A.2 Packet Pg. 10 Attachment: Exec Summary and Ordinance from 7-14-2020 BCC meeting (12974 : Reconsideration of COVID-19 issue regarding face coverings Page 4 of 5 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 2.A.2 Packet Pg. 11 Attachment: Exec Summary and Ordinance from 7-14-2020 BCC meeting (12974 : Reconsideration of COVID-19 issue regarding face coverings Page 5 of 5 127 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 136 137 138 139 140 141 Approved as to form and legality: 142 143 _______________________________ 144 Jeffrey A. Klatzkow, County Attorney 145 2.A.2 Packet Pg. 12 Attachment: Exec Summary and Ordinance from 7-14-2020 BCC meeting (12974 : Reconsideration of COVID-19 issue regarding face coverings Page 1 of 5 EMERGENCY/EXECUTIVE ORDER NO. 2020 - ____ 1 AN EMERGENCY/EXECUTIVE ORDER OF THE BOARD OF COUNTY 2 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MANDATING 3 THAT INDIVIDUALS WEAR A FACE COVERING IN PUBLIC IN 4 CERTAIN CIRCUMSTANCES. 5 6 WHEREAS, COVID-19 is a respiratory illness caused by a virus that spreads rapidly from 7 person to person, which may result in serious illness or death, and which constitutes a clear and 8 present danger to the health, welfare and safety of the citizens of Collier County; and 9 WHEREAS, on March 1, 2020, Governor DeSantis declared a Public Health Emergency 10 as a result of COVID-19, and on March 9, 2020, Governor DeSantis issued Executive Order 20 -11 52, declaring a State of Emergency as a result of COVID -19, which has been supplemented by 12 subsequent Executive Orders all relating to the threat of COVID-19; and 13 WHEREAS, on March 16, 2020, the Board of County Commissioners of Collier County, 14 Florida adopted Proclamation/Resolution No. 2020-50 declaring a state of emergency due to 15 COVID-19 for all territory within the legal boundaries of Collier County; and 16 WHEREAS, Collier County is experiencing a growing rate of people testing positive for 17 COVID-19; and 18 WHEREAS, to reduce the spread of COVID-19, the United States Centers for Disease 19 Control and Prevention (“CDC”) has issued guidelines that the general population should wear 20 face masks to capture the respiratory droplets of infected people to slow the spread of COVID-19; 21 and 22 WHEREAS, the CDC does not recommend wearing cloth face covering for children under 23 the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise 24 unable to remove the mask without assistance; and 25 26 WHEREAS, the CDC recommends only simple cloth face coverings for the general 27 population and not surgical masks or N-95 respirators because these are critical supplies that must 28 continue to be reserved for healthcare workers and other medical first responders; and 29 2.A.3 Packet Pg. 13 Attachment: Draft Emergency Order (12974 : Reconsideration of COVID-19 issue regarding face coverings in public) Page 2 of 5 WHEREAS, cloth face coverings are relatively inexpensive and readily available as the 30 CDC states they can be made from household items and provides online guidance for making “do-31 it-yourself” coverings for people that cannot or do not want to buy one from the increasing sources 32 producing and selling coverings; and 33 WHEREAS, the Board finds it is in the best interest of public health, safety and welfare 34 of the residents and workers of and visitors to Collier County to require suitable face coverings in 35 public locations to slow the spread of COVID19; and 36 WHEREAS, the Board finds implementation of this Order is necessary for the 37 preservation of the health, safety, and welfare of the community. 38 39 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF COUNTY 40 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 41 SECTION ONE: FINDINGS. 42 The above recitals are adopted by the Board as legislative findings. 43 44 SECTION TWO: DEFINITIONS 45 For purposes of this Order, the following terms are defined as follows: 46 (1) Face Covering. A “face covering” is a material that covers the nose and mouth. It can 47 be secured to the head with ties or straps or simply wrapped around the lower face. It can be made 48 of a variety of materials, such as cotton, silk, or linen. A cloth face covering may be factory-made 49 or sewn by hand or can be improvised from household items. 50 (2) Business establishment. A “business establishment” means a location with a roof 51 overhead under which any business is conducted, goods are made or stored or processed or where 52 services are rendered. The term “business establishment” also includes locations where non-profit, 53 governmental, and quasi-governmental entities facilitate public interactions and conduct business. 54 The term does not include schools servicing students under the age of 18, or places of worship. 55 (3) Lodging establishment. A “lodging establishment” shall have the same meaning as the 56 term “transient public lodging establishment” has in F.S. 509.013(4)(a)1 (2019). A lodging 57 establishment is a specific type of business establishment. 58 59 60 2.A.3 Packet Pg. 14 Attachment: Draft Emergency Order (12974 : Reconsideration of COVID-19 issue regarding face coverings in public) Page 3 of 5 SECTION THREE: MANDATORY REQUIREMENTS 61 (1) An owner, manager, employee, customer or patron of a business establishment must 62 wear a face covering while in that business establishment, where social distancing is not possible. 63 (2) The requirements of this section do not apply to: 64 a. Restaurant customers or patrons while dining and/or consuming beverages while seated 65 at a table; 66 b. A gym patron engaged in a workout or class where at least 6 feet of distancing exists 67 with the next closest patron; 68 c. Barbershop or beauty salon customers or patrons when wearing a face covering would 69 reasonably interfere with receiving services; 70 d. Business owners, managers, and employees who are in an area of a business 71 establishment that is not open to customers, patrons, or the public, provided that 6 feet of 72 distance exists between employees. This exception does not apply to employees who are 73 present in the kitchen or other food and beverage preparation area of a restaurant or food 74 establishment. When an owner, manager, or employee is in their place of employment but 75 not within six feet of another person, that owner, manager, or employee does not need to 76 wear a mask. 77 e. Bar patrons while consuming beverages and/or food; 78 f. A lodging establishment guest when inside of the lodging unit including but not limited 79 to a hotel room, motel room, vacation rental unit, timeshare unit, or similar unit. 80 (3) The owner, operator, manager, and employee of a business or lodging establishment 81 shall ensure that every individual in that establishment complies with this section. 82 (4) When a customer of a business establishment asserts that he or she has a disability that 83 prevents the individual from wearing a mask, the owner, manager, or employee of the business 84 establishment may exclude the individual, even if they have a disability, as they may pose a direct 85 threat to the health and safety of employees and other customers, even if asymptomatic, and shall 86 accommodate the disabled individual in a manner that does not fundamentally alter the operations 87 of the business establishment nor jeopardize the health of that business’s employees and other 88 customers, such as providing curb service or delivery or other reasonable accommodation. 89 90 91 2.A.3 Packet Pg. 15 Attachment: Draft Emergency Order (12974 : Reconsideration of COVID-19 issue regarding face coverings in public) Page 4 of 5 SECTION FOUR: PENALTIES AND EXCLUSIONS. 92 Violations of this Order 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 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 Order shall 98 not apply to a child is under two ten years of age; an individual has one or more medical conditions 99 or disabilities that prevent wearing a face covering; an individual obtaining a service involving 100 the nose or face for which temporary removal of the face covering is necessary to perform the 101 service; or an individual who works in a profession where use of a face covering will not be 102 compatible with the duties of the profession. 103 104 SECTION FIVE: SEVERABILITY. 105 In the event this Order conflicts with any Ordinance of Collier County or other applicable 106 law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or 107 portion of this Order invalid or unconstitutional, such portion shall be deemed a separate, distinct 108 and independent provision and such holding shall not affect the validity of the remaining portion. 109 110 SECTION SIX: APPLICABILITY. 111 This Order is intended to apply solely within unincorporated Collier County. 112 113 SECTION SEVEN: EFFECTIVE DATE. 114 This Order shall take immediate effect immediately and shall be in full force and effect 115 until rescinded by subsequent act of the Board. 116 THIS ORDER ADOPTED after motion, second, and majority vote favoring same this 117 14th day of July, 2020. 118 119 120 2.A.3 Packet Pg. 16 Attachment: Draft Emergency Order (12974 : Reconsideration of COVID-19 issue regarding face coverings in public) Page 5 of 5 ATTEST: BOARD OF COUNTY COMMISSIONERS 121 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA 122 123 124 By: _____________________________ By: _____________________________ 125 , Deputy Clerk BURT L. SAUNDERS, Chairman 126 127 128 129 130 131 Approved as to form and legality: 132 133 _______________________________ 134 Jeffrey A. Klatzkow, County Attorney 135 2.A.3 Packet Pg. 17 Attachment: Draft Emergency Order (12974 : Reconsideration of COVID-19 issue regarding face coverings in public)