Emergency/Executive Order 2020-03 11F
EMERGENCY/EXECUTIVE ORDER NO. 2020 -03
AN EMERGENCY/EXECUTIVE ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, WAIVING ANY
AND ALL ZONING AND OTHER LAND USE LAND REQUIREMENTS
WITH RESPECT TO OUTDOOR SEATING AT RESTAURANTS AND
FOOD ESTABLISHMENTS, AND AUTHORIZING THE COUNTY
MANAGER, UTILIZING THE TEMPORARY USE PERMIT PROCESS,
TO ALLOW OUTDOOR SEATING IN AN APPROPRIATE MANNER ON
A CASE-BY-CASE BASIS, AND TO WAIVE FEES ASSOCIATED WITH
ANY SUCH APPLICATION WITH RESPECT TO OUTDOOR SEATING.
WHEREAS, 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; and
WHEREAS, on March 1, 2020, Governor DeSantis declared a Public Health Emergency
as a result of COVID-19, and on March 9, 2020, Governor DeSantis issued Executive Order 20-
52, declaring a State of Emergency as a result of COVID-19, which has been supplemented by
subsequent Executive Orders all relating to the threat of COVID-19, which Orders are
incorporated herein; and
WHEREAS, on March 16, 2020,the Board of County Commissioners of Collier County,
Florida adopted Proclamation/Resolution No. 2020-50 declaring a state of emergency due to
COVID-19 for all territory within the legal boundaries of Collier County; and
WHEREAS, on April 29, 2020, Governor DeSantis issued Executive Order 20-112,
which provided in part as follows:
"Restaurants and food establishments licensed under Chapters 500 or 509, Florida
Statutes, may allow on-premises consumption of food and beverage, so long as
they adopt appropriate social distancing measures and limit their indoor
occupancy to no more than 25 percent of their building occupancy. In addition,
outdoor seating is permissible with appropriate social distancing. Appropriate
social distancing requires maintaining a minimum of 6 feet between parties, only
seating parties of 10 or fewer people and keeping bar counters closed to seating."
WHEREAS, the Board of County Commissioners wishes to implement this provision on
a local basis, irrespective of the underlying zoning, pursuant to the same process and
considerations in issuing a temporary use permit as set forth in Article 5.04 of the Collier County
Land Development Code.
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NOW THEREFORE, IT IS ORDERED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. The County Manager is hereby authorized to issue a temporary use permit for
outdoor seating at restaurants, irrespective of the underlying zoning or other land use restrictions,
pursuant to the same process and considerations in issuing a temporary use permit as set forth in
Article 5.04 of the Collier County Land Development Code and consistent with the Governor's
Executive Order 20-112, as amended from time-to-time. No fees shall be charged for any
application for such a permit.
2. Effective Date; Duration. This Order shall be effective immediately and shall
remain in full force and effect until five days after the State of Florida permits restaurants and
food establishments to operate at 100% of their building occupancy.
3. This Order is limited to the unincorporated areas within Collier County.
THIS ORDER ADOPTED after motion, second, and majority vote favoring same this
12. day of May, 2020.
ATTEST: ; "'^ BOARD OF COUNTY COMMISSIONERS
CRYSTAL.K. KIN2F.I;CLERK COLLIER C UNTY, FLORIDA
:,,e4e-eo1wae—
y:
s peputy Clerk BURT L. SAUNDERS, Chairman as to airman s
signature o 1,. /
Approve : t. " an. gality:
tVraA
Jeffrey I� . ow, County Attorney
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