Emergency/Executive Order 2020-07 ORDER NO. 2020- 0 7
A REVISED ORDER OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,MANDATING 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,
which guidelines include maintaining at least 6 feet distance from other people who are not from
your household in both indoor and outdoor spaces; and
WHEREAS,the CDC does not recommend wearing cloth face covering for children under
the age of 9, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise
unable to remove the mask without assistance; and
WHEREAS, 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; and
WHEREAS, 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-
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it-yourself'coverings for people that cannot or do not want to buy one from the increasing sources
producing and selling coverings; and
WHEREAS, on July 21, 2020, the Board of County Commissioners issued
Emergency/Executive Order No. 2020-05 mandating that individuals wear a face covering in
public under certain circumstances,which Order was extended by the Board on September 3,2020
by Emergency/Executive Order No. 2020-06; and
WHEREAS, on September 25, 2020, Governor DeSantis issued Executive Order No. 20-
244, which among other things suspended the collection of fines and penalties associated with
COVID-19 enforced upon individuals; and
WHEREAS, Emergency/Executive Order No. 2020-06 is set to expire midnight of
October 22, 2020,unless further extended by the Board of County Commissioners; and
WHEREAS, during the Board's regular meeting of October 13, 2020, and at the Board's
special meeting held this date, local health professionals and the Florida Department of Health
urged the Board to continue the Mask Order, stating their belief that the Mask Order has been
effective in reducing the spread of COVD-19; and
WHEREAS, the Board finds it is in the best interest of public health, safety and welfare
of the residents and workers of and visitors to Collier County to follow expert medical advice with
respect to COVID-19 and, accordingly, to require suitable face coverings in public locations to
slow the spread of COVID-19 where social distancing is not possible; and
WHEREAS,the Board wishes to replace the existing Mask Order with this Order, which
would require wearing a mask only where social distancing is not possible; and
WHEREAS, the Board finds implementation of this Order is necessary for the
preservation of the health, safety, and welfare of the community.
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: FINDINGS.
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The above recitals are adopted by the Board as legislative findings.
SECTION TWO: DEFINITIONS
For purposes of this Order, the following terms are defined as follows:
(1) Face Covering. A"face covering"is a material that covers the nose and mouth. It can
be secured to the head with ties or straps or simply wrapped around the lower face. It can be made
of a variety of materials, such as cotton, silk, or linen. A cloth face covering may be factory-made
or sewn by hand or can be improvised from household items.
(2) Business establishment. A "business establishment" means a location with a roof
overhead under which any business is conducted, goods are made or stored or processed or where
services are rendered. The term"business establishment"also includes locations where non-profit,
governmental, and quasi-governmental entities facilitate public interactions and conduct business.
The term does not include schools servicing students under the age of 18, or places of worship.
(3)Lodging establishment. A"lodging establishment"shall have the same meaning as the
term "transient public lodging establishment" has in F.S. 509.013(4)(a)1 (2019). A lodging
establishment is a specific type of business establishment.
(4) Social Distancing means keeping a safe space between yourself and other people who
are not from your household by staying at least 6 feet (about 2 arms' length) from other people
who are not from your household in indoor spaces.
SECTION THREE: MANDATORY REQUIREMENTS
(1) An owner, manager, employee, customer or patron of a business establishment must
wear a face covering while in that business establishment where social distancing is not possible.
(2) The requirements of this section do not apply to:
a. Restaurant customers or patrons while dining and/or consuming beverages while seated
at a table;
b. A gym patron engaged in a workout or class where at least 6 feet of distancing exists
with the next closest patron;
c. Barbershop or beauty salon customers or patrons when wearing a face covering would
reasonably interfere with receiving services;
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d. Business owners, managers, and employees who are in an area of a business
establishment that is not open to customers, patrons, or the public, provided that 6 feet of
distance exists between employees. This exception does not apply to employees who are
present in the kitchen or other food and beverage preparation area of a restaurant or food
establishment. When an owner, manager, or employee is in their place of employment but
not within six feet of another person, that owner, manager, or employee does not need to
wear a mask.
e. Bar patrons while consuming beverages and/or food;
f. A lodging establishment guest when inside of the lodging unit including but not limited
to a hotel room, motel room, vacation rental unit, timeshare unit, or similar unit.
(3) The owner, operator, manager, and employee of a business or lodging establishment
shall ensure that every individual in that establishment complies with this section.
(4)When a customer of a business establishment asserts that he or she has a disability that
prevents the individual from wearing a mask, the owner, manager, or employee of the business
establishment may exclude the individual, even if they have a disability,as they may pose a direct
threat to the health and safety of employees and other customers, even if asymptomatic, and shall
accommodate the disabled individual in a manner that does not fundamentally alter the operations
of the business establishment nor jeopardize the health of that business's employees and other
customers, such as providing curb service or delivery or other reasonable accommodation.
SECTION FOUR: PENALTIES AND EXCLUSIONS.
Enforcement of this Order will be by Collier County Code Enforcement only, and only
then upon receipt of a complaint, determination of a violation, and refusal by the alleged violator
to voluntarily comply with this Order. Violations of this Order shall be punishable by a fine not
to exceed $500.00. An owner,manager,and/or employee of a business establishment shall not be
liable in any enforcement action taken under this section for the violations of a guest, customer,
and/or patron if that owner,manager,and/or employee directed that guest,customer,and/or patron
who refuses to wear a face covering to vacate the premises or face prosecution of trespass. This
Order shall not apply to a child under nine years of age;an individual who has one or more medical
conditions or disabilities that prevent wearing a face covering; an individual obtaining a service
involving the nose or face for which temporary removal of the face covering is necessary to
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perform the service; or an individual who works in a profession where use of a face covering will
not be compatible with the duties of the profession. In furtherance of Executive Order No. 20-
244, citations issued pursuant to this Order shall be as to businesses only, and not individuals.
Violation of this Order shall not constitute a criminal penalty.
SECTION FIVE: 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 SIX: APPLICABILITY.
This Order is intended to apply solely within unincorporated Collier County. Any of the
Municipalities within Collier County may opt-in to this Order.
SECTION SEVEN: EFFECTIVE DATE.
This Order supersedes and replaces Emergency/Executive Orders No. 2020-05 and 2020-
06, shall take effect immediately and shall expire midnight of April 13, 2021, unless otherwise
extended by the Board.
THIS ORDER ADOPTED after motion, second, and majority vote favoring same this
22nd day of October, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL,'Clerk COLLIER COUNTY, FLORIDA
By: &WA_ C . By• G'G'e�
eputy Clerk BURT L. UNDERS, Chairman
es `as fo Chairman`
signal re y.
Approv- t •rm . : legality:
-44i$1121
Jeffrey A'lvia 117w, County Attorney
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