Agenda 10/22/2020 Item #2A10/22/2020
EXECUTIVE SUMMARY
Recommendation to consider whether to extend Executive Order 2020-06, Emergency Executive
Order mandating that individuals wear a face covering in public in certain circumstances.
OBJECTIVE: To discuss and determine whether to extend the Emergency Executive Order requiring
individuals to wear face coverings in public in certain circumstances or allow it to expire.
CONSIDERATIONS: The State of Florida has been under a Public Health Emergency since March 1,
2020 and Collier County has been under a local State of Emergency adopted by the Board since March
16, 2020 in response to COVID-19. With the number of cases steadily increasing and in coordination
with CDC guidelines, on July 14, 2020 the Board of County Commissioners adopted Emergency
Executive Order No. 2020-05 mandating that individuals wear a face covering in public in certain
circumstances to reduce the spread of the virus. As adopted, the Order went into effect immediately and
was set to expire midnight on September 3, 2020 unless otherwise extended by the Board. The Board
met on September 3, 2020 and voted to extend Executive Order 2020-05 by approving Executive Order
2020-06. The extension was set to expire midnight of October 22, 2020.
FISCAL IMPACT: There is no fiscal impact associated with this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal
issues at this time, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this action.
RECOMMENDATION: To consider whether to extend Emergency Executive Order No. 2020-06
regarding the mandatory wearing of face coverings in public in certain circumstances.
Prepared By: Len Golden Price, Administrative Se rvices Department Head
ATTACHMENT(S)
1. Emergency Executive Order 2020-05 (PDF)
2. Emergency Executive Order 2020-06 (PDF)
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10/22/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.A
Doc ID: 13969
Item Summary: Recommendation to consider whether to extend Executive Order 2020-06,
Emergency Executive Order of the BCC of Collier County, Florida, mandating that individuals wear a
face covering in public in certain circumstances.
Meeting Date: 10/22/2020
Prepared by:
Title: Director - Operations Support – Administrative Services Department
Name: Michael Cox
10/19/2020 3:55 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
10/19/2020 3:55 PM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/20/2020 10:59 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/20/2020 11:40 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2020 3:00 PM
2.A
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2.A.1Packet Pg. 5Attachment: Emergency Executive Order 2020-05 (13969 : Consideration to extend Exec Order 2020-06)
2.A.1Packet Pg. 6Attachment: Emergency Executive Order 2020-05 (13969 : Consideration to extend Exec Order 2020-06)
2.A.1Packet Pg. 7Attachment: Emergency Executive Order 2020-05 (13969 : Consideration to extend Exec Order 2020-06)
2.A.1Packet Pg. 8Attachment: Emergency Executive Order 2020-05 (13969 : Consideration to extend Exec Order 2020-06)
2.A.1Packet Pg. 9Attachment: Emergency Executive Order 2020-05 (13969 : Consideration to extend Exec Order 2020-06)
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EMERGENCY/EXECUTIVE ORDER NO. 2020 - 0 6
AN EMERGENCY/EXECUTIVE ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,EXTENDING THE
MANDATE PROVIDED IN EMERGENCY/EXECUTIVE ORDER NO. 2020-
05 REQUIRING THAT INDIVIDUALS WEAR A FACE COVERING IN
PUBLIC IN CERTAIN CIRCUMSTANCES.
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; 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, 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;
and
WHEREAS, on July 21,2020,the Board adopted Emergency/Executive Order No. 2020-
05 mandating that individuals wear a face covering in public under certain circumstances, which
is scheduled to expire on midnight on September 3, 202; and
WHEREAS, the Board finds it necessary and appropriate to extend the application of
Emergency/Executive Order No. 2020-05 requiring the use of face coverings in public under
certain circumstances for the preservation of the health, safety, and welfare of the community.
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Packet Pg. 10 Attachment: Emergency Executive Order 2020-06 (13969 : Consideration to extend Exec Order 2020-06)
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NOW THEREFORE, IT IS ORDERED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: FINDINGS.
The above recitals are adopted by the Board as legislative findings as if fully set forth
herein.
After receiving input from the members of the public, presentations from medical
professionals,staff and others at a public hearing held on September 3,2020,the Board finds there
is a public necessity to extend the application of Emergency/Executive Order No.2020-05,which
mandates the use of face coverings in public under certain circumstances, for the preservation of
the health, safety, and welfare of the community, and that Order No. 2020-05 shall remain in full
force and effect and shall expire midnight of October 22, 2020, unless otherwise extended by the
Board.
SECTION TWO: SEVERABILITY.
In the event this Order conflicts with any Ordinance of Collier County or other applicable
law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or
portion of this Order invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: APPLICABILITY.
This Order is intended to apply solely within unincorporated Collier County.
SECTION FOUR: EFFECTIVE DATE.
This Order shall take immediate effect immediately and shall be in full force and effect
and shall expire midnight of October 22, 2020, unless otherwise extended by the Board.
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Packet Pg. 11 Attachment: Emergency Executive Order 2020-06 (13969 : Consideration to extend Exec Order 2020-06)
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THIS ORDER ADOPTED after motion, second, and majority vote favoring same this
3rd day of September, 2020.
ATTEST:BOARD OF COUNTY COMMISSIONERS
CRYSTAL ,, NZEL, Clerk COLLIER C TY, FLORID
CPC--
Deputy Clerk B T L. SAUNDERS, Chairman
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Appro and legality:
Jeffrey a County Attorney
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Packet Pg. 12 Attachment: Emergency Executive Order 2020-06 (13969 : Consideration to extend Exec Order 2020-06)