Loading...
Chapter 66 - Health and SanitationChapter 66 HEALTH AND SANITATION* Article I. In General Sec. 66-1. Implementation of the clean indoor air act. Sec. 66-2. Approval of sewage disposal system required prior to issuance of building permit. Secs. 66-3—66-25. Reserved. Article II. Reserved Secs. 66-26—66-55. Reserved. Article III. Fees for Health Related Services Division 1. Generally Sec. 66-56. Title and citation. Sec. 66-57. Findings and purpose. Sec. 66-58. Applicability. Sec. 66-59. Establishment. Sec. 66-60. Billing and collection procedure. Sec. 66-61. Medicaid billings. Sec. 66-62. Medicare billings and other third party billings. Sec. 66-63. Alternative methods of payment. Sec. 66-64. Civil action procedures. Secs. 66-65—66-70. Reserved. Division 2. County-Provided Ambulance Services Billing and Collection Procedure Sec. 66-71. Findings and purpose. Sec. 66-72. Title and citation. Sec. 66-73. Applicability. Sec. 66-74. Rates, fees and charges. Sec. 66-75. Billing and collection procedures. Sec. 66-76. Medicare and Medicaid billings. Sec. 66-77. Third party billing. Sec. 66-78. Alternative methods of payments. Secs. 66-79—66-85. Reserved. Article IV. Food Service Establishments Sec. 66-86. Definitions; law incorporated by reference. Sec. 66-87. Penalty. Sec. 66-88. Appeals. Sec. 66-89. Permit required; not transferable; revocation. Sec. 66-90. Permit application and issuance. Sec. 66-91. Inspections. *Cross references—Health facilities authority, § 2-846 et seq.; animals, ch. 14; dangerous buildings, § 22-226 et seq.; emergency medical services advisory council, § 50-26 et seq.; medical transportation services, § 50-51 et seq.; environment, ch. 54; social services, ch. 114; solid waste, ch. 118. Special act references—Child care centers, § 218-26 et seq.; special acts pertaining to health and sanitation, ch. 234. State law references—Authority to provide health programs, welfare programs and hospitals, F.S. § 125.01(1)(e); public health facilities, F.S. ch. 154; public health and social welfare generally, F.S. chs. 381—430. CD66:1Supp. No. 110 Sec. 66-92. Food establishment review board. Secs. 66-93—66-115. Reserved. Article V. Public Swimming Pools Sec. 66-116. Regulations incorporated by reference and definitions. Sec. 66-117. Pool operator's certificate. Sec. 66-118. Procedure for obtaining a pool operator's certificate. Sec. 66-119. Swimming pool water quality. Sec. 66-120. Plumbing inspections. Sec. 66-121. Violations. Sec. 66-122. Fees. Secs. 66-123—66-150. Reserved. Article VI. Collier County Health Freedom Bill of Rights Sec. 66-151. Title. Sec. 66-152. Purpose and Intent. Sec. 66-153. Definitions. Sec. 66-154. Applicability. Sec. 66-155. COVID-19 vaccine documentation prohibited. Sec. 66-156. Private employer COVID-19 vaccination mandates prohibited. Sec. 66-157. Vaccination mandates for Collier County employees. Sec. 66-158. Mask Mandates and Quarantine. Sec. 66-159. Vaccine Passports. Sec. 66-160. Directives from the World Health Organization and Other International Bodies. Sec. 66-161. Florida Patient's Bill of Rights and Responsibilities. Sec. 66-162. Penalties. Secs. 66-163—66-185. Reserved. COLLIER COUNTY CODE CD66:2Supp. No. 110 HEALTH AND SANITATION §66-25 ARTICLE I. IN GENERAL developer shall, as part of the building permit application, show on the plans Sec. 66-1. Implementation of the clean in- connection to such system and shall fur- door air act. nish a binding letter or agreement from the appropriate agency or operator to the The Florida Clean Indoor Air Act, F.S. ch. 386, effect that the agency or operator has is hereby adopted for all government buildings authority to serve the structure, that the within the county. system has capacity to serve the struc- (Ord. No. 88-43, § 1) ture, and that such capacity has been State law reference—Florida Clean Indoor Air Act,F.S. 386.201 et seq. reserved for the structure. (2) In cases where the structure must be Sec. 66-2. Approval of sewage disposal sys- served by an on-site treatment facility, tem required prior to issuance of the developer shall,as part of the building building permit. permit application,submit a certified copy (a) Written approval required.No building per- of the DER construction permit for said mit shall be issued for any structure in which on-site treatment facility or such other plumbing fixtures are installed requiring the use approved construction permit as may be of an on-site treatment facility or central sewage applicable. disposal system unless the developer has received written approval in accordance with this section. (3) Upon submission of the necessary docu ments,the building official shall transmit (b) Definitions.The following words,terms and same to the utility director, who shall phrases,when used in this section, shall have the review and issue his written approval to { meanings ascribed to them in this subsection, the developer with a copy to the building `1/ except where the context clearly indicates a dif- official. The building official shall not is- ferent meaning: sue a building permit unless such ap- (1) Approval means a signed statement from proval has been received. No approval the utility director of the county that the shall be issued by the utility director requirements of this section have been unless he determines that there is ade- met and that adequate assurance of ser quate assurance of service. "Adequate as- vice has been provided. surance of service" shall mean a substan- tial probability that all events and (2) Central sewage disposal system means a conditions which must occur to provide system operated by a governmental agency service at the time a certificate of occu- or private operator,which agency or oper- pancy may be issued will in fact occur. ator has authority to serve the lands upon which the structure is to be located. (d) Penalty and enforcement. Any person vio- (3) Developer means any person undertaking lating any provisions of this section shall, upon or participating in the development of conviction,be liable to a fine not exceeding$300.00 or imprisonment not to exceed 90 days or both land or the construction of buildings. such fine and imprisonment. The board of county (4) Structure means any building in which commissioners shall have the right to enforce this plumbing fixtures are installed except those section through appropriate writ. for which septic tanks are permitted by (Ord. No. 80-112, §§ 1-3, 5) applicable state law. Cross references—Building permits, § 22-46 et seq.; sewage systems,§ 134-136 et seq. (c) Method of obtaining approval. State law reference—Penalty for ordinance violations, F.S.§ 125.69. (1) In cases where the structure will be re- quired to connect or is proposed to connect to a central sewage disposal system, the Secs. 66-3-66-25. Reserved. Supp.No.52 CD66:3 .. §66-26 COLLIER COUNTY CODE ARTICLE II. RESERVED* as the rates,fees and charges resolutions to apply from the effective date of the ordinance from Secs. 66-26-66-55. Reserved. which this article was derived. (Ord. No. 91-46, § 4) ARTICLE III. FEES FOR HEALTH Sec. 66-60. Billing and collection procedure. RELATED SERVICES The following shall be the procedure for billing and collection of health related service fees and DIVISION 1. GENERALLY charges. This procedure may be revised and/or amended by the board of county commissioners by Sec. 66-56. Title and citation. resolution. This article shall be known and may be cited as (1) Initial fees and charges for health care the "Billing and Collection Procedure for Collier shall be assessed either prior to or follow- County Provided Health Related Services Ordi- ing service provision,as service dynamics nance." reasonably permit. Unpaid fees and (Ord. No. 91-46, § 2) charges, at the time of service, shall be reflected in an accounts receivable ledger Sec. 66-57. Findings and purpose. system. Pursuant to F.S. § 125.01(1)(e), the board of (2) An initial bill for previously assessed but county commissioners finds that it is empowered unpaid fees and charges or previously to provide ambulance services and health and unassessed fees and charges shall be sent welfare programs and,pursuant to F.S.§ 154.001, to the patient within 30 days after service the board of county commissioners finds that the is provided. hill legislature recognizes the unique partnership which necessarily exists between the state and its coup (3) If the initial bill is not paid within 30 days ties in meeting the public health needs of the from the initial billing date, then a past state. In recognition of said findings, it is the due bill will be sent to the patient. A purpose of this article to create a common billing payment plan will be available for past and collection procedure for health service charges. due bill recipients. Each provider agency (Ord. No. 91-46, § 1) shall establish and administer a payment plan. Sec. 66-58. Applicability. This article shall apply for services provided in the incorporated and unincorporated areas of the county. (Ord. No. 91-46, § 3) Sec. 66-59. Establishment. The board of county commissioners shall estab- lish,by resolution,the rates,fees and charges for services and related materials provided by county emergency medical services and HRS-Collier County Public Health Unit. Collier County Reso- lution Nos.90-500 and 90-501 are hereby adopted *Editor's note—Ord. No. 2013-62, §2,adopted Nov. 12, 2013,repealed Art.II,§§66-26-66-34 entitled"Public Health Unit Advisory Board", which derived from: Ord. No. 93-2, §§1-9. [The next page is CD66:7] Supp.No.52 CD66:4 HEALTH AND SANITATION §66-70 (4) If the initial bill is delinquent and not paid the state Medicaid program for those Medicaid within 60 days from the initial billing date eligible patients who receive health related ser- or a payment plan is not established and vices in accordance with Medicaid rules. active,a notice of delinquency shall be sent (Ord. No. 91-46, § 6) to the service recipient or responsible party. (5) If the initial bill for EMS services is delin- quent and not paid within 75 days from the Sec. 66-62. Medicare billings and other third initial billing date or a payment plan is not party billings. established and active, another notice of delinquency shall be sent to the service recipient or responsible party. The county emergency medical services and HRS-Collier County Public Health Unit may ac- (6) If the initial bill is delinquent and not paid cept Medicare and Medicaid assignments. Other within 90 days from the initial billing date, third party billing assignments may be accepted a final notice of delinquency shall be sent to with the difference between assignment and total the service recipient or responsible party charges remaining as the responsibility of the specifying that the account may be pursued recipient of the services.Any uncollected accounts through civil action, collection agency or receivable shall be administered in accordance other collection methods. with subsection 66-60(9). (7) When billings, at any stage in this billing (Ord. No. 91-46, § 7) and collection procedure, are returned be- cause the postal service cannot effectuate delivery,the providing agency shall make a Sec. 66-63. Alternative methods of payment. reasonable effort to ascertain the correct �`-- mailing address. If reasonable efforts to ascertain a correct address fail,the account The county emergency medical services and may be turned over to a collection agency. HRS-Collier County Public Health Unit may ac- cept(8) Nothing contained in this section shall pre- credit card payment for health related ser- vices. Specific credit cards accepted shall be lim- dude reasonable telephone or other contact ited to those for which service contracts exist. for billing or collection purposes, in accor- (Ord. No. 91 46, § 8) dance with all applicable laws. (9) At the end of each fiscal year, the provider agency shall review all past due accounts Sec. 66-64. Civil action procedures. and report to the board of county commis- sioners all past due accounts which the agency believes are uncollectable.The board The county shall file civil actions in the county of county commissioners may, after review- small claims court, when appropriate, in order to ing these accounts and after finding that pursue payment of charges and fees previously diligent efforts at collection have proven assessed by the county emergency medical ser- unsuccessful, remove past due accounts vices and HRS-Collier County Public Health Unit from active accounts receivable in accor- but uncollected. Such suits shall be filed in the dance with F.S. ch. 17 and report, by reso- name of the county emergency medical services or lution, these accounts to the state depart- HRS-Collier County Public Health Unit, on Be- ment of banking and finance to adjust and half of the board of county commissioners. settle or cause to be adjusted and settled. (Ord. No. 91-46, § 9) (Ord. No. 91-46, § 5; Ord. No. 93-90, § 1) Sec. 66-61. Medicaid billings. The county emergency medical services and HRS-Collier County Public Health Unit shall bill Secs. 66-65-66-70. Reserved. Supp.No. 4 CD66:7 §66-71 COLLIER COUNTY CODE DIVISION 2. COUNTY-PROVIDED The board of county commissioners may estab- AMBULANCE SERVICES BILLING AND lish guidelines in accordance with state law for COLLECTION PROCEDURE* the processing of hardship cases and payment plans. Sec. 66-71. Findings and purpose. (Ord. No. 96-36, § 4, 6-25-96) Pursuant to F.S. § 125.01 (1) (e), the Board of Sec. 66-75. Billing and collection procedures. County Commissioners of Collier County, Florida The board of county commissioners shall estab- finds that it is empowered to provide ambulance lish billing procedures and collection procedures services. In recognition of said findings, it is the by resolution for Collier County ambulance ser- purpose of this division to update the common vice fees and charges. These procedures may be billing and collection procedures for county am- supplemented by policies or procedures estab- bulance services. lished by the county administrator. Service recip- (Ord. No. 96-36, § 1, 6-25-96) ient or responsible parties, who do not provide insurance information will be responsible for pay- Sec. 66-72. Title and citation. ment in accordance with criteria established by this division. This division shall be known and may be cited (Ord. No. 96-36, § 5, 6-25-96) as the "Billing and Collection Procedure for Col- lier County Ambulance Services Ordinance." Sec. 66-76. Medicare and Medicaid billings. (Ord. No. 96-36, § 2, 6-25-96) The revenue services department shall bill Medi- care and Medicaid for eligible ambulance service --� Sec. 66-73. Applicability. recipients in accordance with applicable Medicare and Medicaid rules. The revenue services depart- This division shall apply to services provided in ment shall accept the assignment of payments as the incorporated and unincorporated areas of a participating provider in accordance with appli- Collier County. cable Medicare and Medicaid rules. Procedures (Ord. No. 96-36, § 3, 6-25-96) for Medicare and Medicaid billing will be estab- lished by the board of county commissioners or Sec. 66-74. Rates, fees and charges. the county administrator in accordance with cri- teria established by this division. The board of county commissioners shall estab- (Ord. No. 96-36, § 6, 6-25-96) lish, by resolution, the rates,fees and charges for ambulance services. Such rates, fees and charges Sec. 66-77. Third party billing. may be waived from time to time by the board of county commissioners or county administrator in Third party billing assignment of payments accordance with criteria established by this divi- shall be accepted with the unpaid difference, if Sion. Waivers are limited to: any, remaining the responsibility of the service recipient or responsible party.Procedures for third • Valid public purpose; party billing will be established by the county administrator. • Estates that have no assets (for deceased or (Ord. No. 96-36, § 7, 6-25-96) incompetent persons). Sec. 66-78. Alternative methods of payments. *Editor's note—Ord. No. 96-36, § 9, adopted June 25, 1996, repealed Div. 2, §§ 66-71-66-80, which pertained to The revenue services department may accept county-provided ambulance and emergency medical services credit cad payment for ambulance service(s). Spe- billing and collection procedure. Sections 1-8 of said ordi- nance have been included herein as a new Div. 2, §§66-71— cific credit cards shall be limited to those for 66-78, to read as herein set out. See the Code Comparative which service contracts exist. Table. (Ord. No. 96-36, § 8, 6-25-96) Supp.No. 4 CD66:8 HEALTH AND SANITATION §66-90 Secs. 66-79-66-85. Reserved. writing to the owner or manager served by regis- tered or certified mail.The aggrieved person may request and receive a hearing as early as reason- ARTICLE IV. FOOD SERVICE able to avoid unnecessary hardship. ESTABLISHMENTS* (b) After a hearing, the board may, by three Sec. 66-86. Definitions;law incorporated by votes, modify, suspend, confirm the action or take reference. other action. (a) The provisions and definitions of F.S. chs. (Ord. No. 74 45, § 1) 381 and 386 and chapters 10D-13, 14 and 15 of the Florida Administrative Code regulating food Sec. 66-89. Permit required; not transfer- service, processing and outlet establishments are able; revocation. incorporated by reference in this article as though set out fully herein. (a) It shall be unlawful for any person to operate, or cause to be operated, a food service, (b) For the purposes of this article and the processing or outlet establishment within the provisions adopted by subsection (a) of this sec- county, includinganymunicipality therein, with- tion, the word "manager" or "supervisor" shall p y out: mean the person on the premises of a "food establishment" with authority or the right to (1) Prominently displaying a current supervise food service employees or, in his ab- unrevoked food establishment permit is- sence, the person in charge of, or actually operat- sued to the establishment, in the name of ing or cleaning any food processing, storing,prep- the current owner, by the director of the aration or serving area. county health department or his autho- (Ord. No. 74-45, § 1) rized representative(hereinafter referred to as "health director"); Sec. 66-87. Penalty. (2) Full compliance by the food establish- Any person violating any provision of this ment with each provision of this article article shall be guilty of a misdemeanor and and the state law incorporated hereinabove; punished as provided by law. If such a violation is and continuing, each day's violation shall be a sepa- (3) A manager, supervisor or other desig- rate offense. nated person upon the premises during (Ord. No. 74-45, § 1) food processing, preparation, service; and State law reference—Penalty for ordinance violations, facilities,equipment and utensil cleaning. F.S. § 125.69. (b) No food establishment permit is transfer- Sec. 66-88. Appeals. able from any location to another. (a) Should any person be aggrieved by any provision or application of this article he shall (c) The county tax collector shall require evi first submit an appeal in writing to the board of dence of the appropriate food establishment per county commissioners within ten calendar days mit prior to issue of an occupational license to stating his name, the name and location of the process, prepare, serve or sell food. food establishment involved, the name of the (Ord. No. 74 45, § 1) manager and the nature of the appeal. The board may conduct a hearing after ten days' notice in Sec. 66-90. Permit application and issuance. *Cross references—Alcoholic beverages, ch. 6; busi- nesses, ch. 26. (a) Application for a food establishment permit State law references—Florida Food Act, F.S. ch. 500; shall be made to, and upon forms furnished by, food service establishments,F.S. §509.013 et seq. the county health director. Supp.No. 10 CD66:9 §66-90 COLLIER COUNTY CODE (b) The county health director shall: ers. Failure to attend two consecutive or three (1) Cause an inspection to be made of the meetings within a 12-month period shall consti- premises and determine that food estab- tute a resignation unless a majority of the food lishment facilities, equipment and uten establishment review board vote approval for sils are in compliance with state and justifiable reasons. county regulations. (c) Powers. The food establishment board shall (2) Issue a food service, processing or outlet have the power to: establishment permit, as applicable. (Ord. No. 74-45, § 1) (1) Adopt rules of procedure,maintain a pub- lic record of resolutions,acts and findings. Sec. 66-91. Inspections. (2) Hold meetings as required at a time, date (a) The health director shall inspect food es- and place convenient to the board as de tablishments at reasonable times as he may de termined by majority vote. Emergency termine desirable to insure compliance with state meetings shall be held as determined by and county food health laws. Notice after such the chairman after eight hours telephone inspections to the food establishment shall be by notice, or attempted notice, to the tele- presenting a copy of the official notice of inspec- phone numbers furnished by each mem- tion to the manager, or other designated person, ber. or in his absence a person operating the food area. (3) With three affirmative votes have the (b) If a food establishment fails to substan- power to revoke and invalidate a food tially comply with health laws including chapters establishment permit for the reason of 10D-13, 14 and 15 of the Florida Administrative maintaining any condition in violation of --� Code, the health director shall issue to the man- this article. ager a notice of noncompliance and hearing before (4) Noncompliance with the provisions of this the food establishment review board. article and the referenced laws, rules and (Ord. No. 74-45, § 1) regulations by a food establishment is deemed to indicate inadequate knowl- Sec. 66-92. Food establishment review board. edge. In such case the food establishment (a) Appointment. The board of county commis- review board may direct the manager sioners may by three affirmative votes appoint and/or supervisor to successfully complete two members of the food industry and three a training course or examination ap- members of the public not associated with the proved by the health director based upon food industry to form a five-member food estab- the Florida Statutes, the rules and regu- lishment review board, which by three affirma- lations of the state division of health and tive votes shall select a chairman and vice- professional food establishment practices. chairman. Each appointed member shall be a (5) Immediately after a permit is revoked the minimum of 21 years of age, a registered voter manager of the establishment shall be and resident of the county and not a convicted served a notice of revocation by personal felon. An alternate member shall also be ap- service of the health or sheriff's depart- pointed, who shall vote at any regular or special ment. Operation of the food establish- meeting in the absence of an appointed member. ment shall be unlawful prior to reissue of (b) Term. Each term of appointment shall be the permit per subsection (c)(3) of this for a period of two years except one each of the section. initial food industry and nonfood industry appoint- (6) Upon service of a notice of revocation it ments shall be for a period of one year. Any shall be the duty of the manager and the appointed member may be removed by four affir- owner of the food establishment and the mative votes of the board of county commission- duty of the health director to stamp upon Supp. No. 10 CD66:10 HEALTH AND SANITATION §66-118 the face of the permit the word "Void" in Course shall mean a course of study in the care, bold red letters, and enter the date of maintenance and operation of public swimming revocation with his initials. pools as the course is approved and administered (7) Upon revocation of a permit,the owner or by the health department. operator may apply for reissue of a permit Transient lodging shall mean a building, facil- upon satisfactory inspection by the health ity, or portion thereof(excluding inpatient medi- department. cal care facilities) which contains one or more (Ord. No. 74-45, § 1; Ord. No. 75-45, § 1) dwelling units or sleeping accommodations, in- Cross reference—Boards, commissions, committees and eluding, but not limited to, a resort, group home, authorities, §2-816 et seq. hotel, motel, or dormitory. Secs. 66-93--66-115. Reserved. Barrier shall mean fence, wall, building wall, or combination thereof, which completely or sur- ARTICLE V. PUBLIC SWIMMING POOLS rounds the swimming pool and obstructs unau thorized access to/or from the swimming pool. Sec. 66-116. Regulations incorporated by ref- (Ord. No. 77-51, § 1; Ord. No. 99 65, § 1, 9 14 99) erence and definitions. Sec. 66-117. Pool operator's certificate. (a) The provisions and definitions of Chapter 64E-9 of the Florida Administrative Code in effect (a) From the effective date of this article, it on the effective date of this article, and future shall be unlawful for any person, corporation, amendments to Chapter 64E-9 or to any successor partnership, association or other legal entity to in function to Chapter 64E-9 which regulates operate and/or maintain a public swimming pool public swimming pools and/or public bathing places unless and until some person directly responsible are incorporated by reference into this article as for the maintenance and care of such swimming though set out fully herein. pool shall first obtain a pool operator's certificate from the health department, which must be dis- (b) For the purpose of this article, the follow- played at the pool area. The pool shall have daily ing terms are defined: maintenance and records of the daily mainte- Health department shall mean the county health nance must be retained on the pool site for review department, a subdivision of the Florida Depart- by the health department. ment Of Health. (b) All persons engaged in public swimming Public swimming pool shall mean any swim- pool services or maintenance must acquire a pool ming pool, spa-type pool, wading pool, special operator's certificate from the health department. purpose pool, or water recreation attraction, to- Pool service contractors holding a current license gether with buildings, appurtenances and equip- to operate issued by the county or by the State of ment used in connection therewith.A public swim- Florida are excluded from this requirement. All ming pool, where admission is gained with or pool service contractors must be prepared, upon without payment of any fee for admission, oper- oral request by the health department, to imme- ated by or serving a camp, church, city, county, diately present this license at the pool for inspec- day care center, group home facility for eight or tion. more clients, health spa, institution, park, state (Ord. No. 77-51, § 2; Ord. No. 99-65, § 2, 9-14-99) or federal agency, school, subdivision; or coopera- tive type living project of five or more living units, Sec. 66-118. Procedure for obtaining a pool such as an apartment or condominium, boarding operator's certificate. house, mobile home park, recreational vehicle park,townhouse,or transient living location(such (a) All applications for a pool operator's certif- as a motel or hotel)or where the public is allowed icate shall be made and filed with the health to swim. department. The health department shall pre- Supp. No. Io CD66:11 §66-118 COLLIER COUNTY CODE scribe the form of application and make such Sec. 66-119. Swimming pool water quality. investigation concerning all applications filed as it shall deem necessary. (a) The health department will conduct unan- nounced inspections of public swimming pools (b) A pool operator's certificate shall be issued (including water sampling)at least two times per by the health department to all applicants who year but not more frequently than four times per shall first present evidence of satisfactory comple- year for each pool. Each water sample shall be tion of an approved course in the care, mainte- analyzed for bacterial contamination. Upon a nance and operation of public swimming pools.A positive reading of the sample, the pool owner or $20.00 fee shall be charged for the issuance of owner's representative will be notified of the each pool operator's certificate. positive reading. The swimming pool and adja- (c) Upon payment of a fee of$20.00, any appli- cent areas shall be immediately posted as being cant may elect to challenge the final examination "closed" and shall remain closed until completion instead of completing the course. If the examina- of the then required superchlorination proce- tion is passed,a pool operator's certificate shall be dures. issued. If the examination is failed, the course must be completed before re-examination and the (b) In the event of fecal contamination of any course fee must be paid. The pool operator's pool water, the health department must be noti- certificate will be valid for three years and may be fled immediately by the staff of the swimming reissued upon payment of an additional fee of pool; and the pool and adjacent area shall imme- $20.00. Certificates valid on the effective date of diately be posted as "closed." All solids must be this article will remain valid until September 30, removed; filters must be backwashed and be 2001. thoroughly cleaned, and the pool shall be superchlorinated to 20 parts per million. The -� (d) A pool operator's certificate issued pursu- chlorine level shall be checked to assure that it ant to section 66-118(b) of this article shall be meets the then applicable minimum standards valid for the time periods specified in subsection before the pool is reopened. (c), above unless sooner revoked for cause by the health department. Continued violation of any (c) Any pool, on inspection, that is found to be provision of the Florida Administrative Code, in violation of the Florida Administrative Code, Chapter 64E-9, as amended, shall be prima facie Chapter 64E-9, or that is creating a public health grounds for revocation of the pool operator's cer- hazard shall be closed by the health department tificate. The certificate may be declared invalid if until corrections are made and such corrections the holder does not attend a refresher course as are verified by a re-inspection. prescribed by the health department. Such re- fresher courses shall not be required more fre- (d) A fee of$180.00 shall be charged annually quently than annually. by the health department for the above-specified (e) In lieu of a pool operator's certificate, a pool water sampling and analysis. provisional certificate will be issued for an indi (Ord. No. 77 51, § 4; Ord. No. 99 65, § 4, 9 14 99) State law reference—Penalty for ordinance violations, vidual on registration for the course. This provi- F.S. § 125.69. sional certificate will be valid until the date of satisfactory completion of the course, or for six months, whichever occurs first. Sec. 66-120. Plumbing inspections. (f) A fee of $50.00 shall be charged by the (a) A health department engineer shall per- health department for all of the following: Pro- form inspections on the plumbing for each planned cessing applications,issuing a certificate,conduct- public swimming pool to verify compliance with ing the course and supplying the required educa- the approved engineered plans related thereto. tional materials. Upon completion of the plumbing installation,the (Ord. No. 77-51, § 3; Ord. No. 99-65, § 3, 9-14-99) pool contractor must contact the health Supp.No. 10 CD66:12 department's engineer for inspection before hydraulically compacting the backfill around the pool. (b) A fee of $50.00 shall be charged by the health department for each such plumbing inspec- tion. When compliance with the inspection has been established, the health department will issue written confirmation of same as no extra charge. (Ord. No. 99-65, § 5, 9-14-99) Sec. 66-121. Violations. (a) Violation of any of the provisions of this article may be punished as provided by law. Each day such violation is committed or permit- ted to continue shall constitute a separate offense and shall be punishable as such thereafter. (b) It shall be a violation of this article to commence any construction, modification, or re- surfacing of a public swimming pool or any adjacent deck adjacent without obtaining prior written approval to do so from the health depart- ment. (c) Each spa located within a pool/spa combina- tion and the pool having a water capacity of 25,000 gallons or more, or where the pool is within (or is a component part of) transient lodging, shall comply with Subsection 64E-9.010, Florida Administrative Code, as now exists or amended hereafter (or its successor in function) which now reads: "Oxidation reduction potential" (ORP) controllers shall be provided on spa pools to assist in maintaining proper disinfection levels." Such ORP/PH controllers must be installed by or on behalf of the pool owner (at no cost to the county) within one year following the effective date of this article. (d) Each public pool owner who applies for exempt status for construction must submit (to the health department) performance based plans to prove that the proposed pool will not manifest a direct main drain suction condition. Hand feeding chlorine into a public pool shall not be any substitute for an automated chlorination system. A final inspection will be required to verify compliance with this requirement. A fee of $50.00 shall be charged by the health depart- ment for performance plans review and the final inspection. (e) A civil fine of $500.00 shall be paid for each first violation of any provision of this article. A fine of $1,000.00 shall be paid for a second violation of this article by the same pool facility within any 360 days of the effective date of the first violation. In addition, enforcement of this article may be accomplished by applying section 1-6 of the county's Code of Ordinances. (Ord. No. 99-65, § 6, 9-14-99) Sec. 66-122. Fees. Fees specified in this article may be revised from time-to-time by resolution of the board of county commissioners. (Ord. No. 99-65, § 7, 9-14-99) Secs. 66-123—66-150. Reserved. ARTICLE VI. COLLIER COUNTY HEALTH FREEDOM BILL OF RIGHTS Sec. 66-151. Title. This Ordinance shall be known and cited as the "Collier County Health Freedom Bill of Rights" Ordinance. (Ord. No. 2023-18, § 1) Sec. 66-152. Purpose and Intent. The purpose of this Ordinance is to safeguard the healthcare rights and freedoms of Collier County residents. (Ord. No. 2023-18, § 2) Sec. 66-153. Definitions. The terms used in this Ordinance shall be defined as outlined in F.S. Ch. 381, as may be amended from time to time. (Ord. No. 2023-18, § 3) Sec. 66-154. Applicability. This Ordinance is applicable and limited to unincorporated Collier County. (Ord. No. 2023-18, § 4) § 66-154HEALTH AND SANITATION CD66:13Supp. No. 110 Sec. 66-155. COVID-19 vaccine documenta- tion prohibited. (A) A business entity within Collier County, as defined in F.S. § 768.38, may not require patrons or customers to provide any documenta- tion certifying COVID-19 vaccination or post- infection recovery to gain access to, entry upon, or service from the business operations in Collier County. This subsection does not otherwise restrict businesses from instituting screening protocols consistent with authoritative or controlling government-issued guidance to protect public health. (B) Collier County will not require anyone to provide any documentation certifying COVID-19 vaccination or post-infection recovery to gain access to, entry upon, or service from Collier County's operations. (C) Florida Statutes § 381.00316 is incorporated herein by reference, as it pertains to exemptions for health care providers. (Ord. No. 2023-18, § 5) Sec. 66-156. Private employer COVID-19 vaccination mandates prohibited. (A) A private employer within Collier County may not impose a COVID-19 vaccination mandate for any full-time, part-time, or contract employee without providing individual exemptions that allow an employee to opt out of such requirement on the basis of medical reasons, including, but not limited to, pregnancy or anticipated pregnancy; religious reasons; COVID-19 immunity; periodic testing; and the use of employer-provided personal protective equipment. For purposes of this sec- tion, the term "COVID-19" means the novel coronavirus identified as SARS-CoV-2; any disease caused by SARS-CoV-2, its viral fragments, or a virus mutating therefrom; and all conditions associated with the disease which are caused by SARS-CoV-2, its viral fragments, or a virus mutating therefrom. Employers shall use forms adopted by the Department of Health, or substantially similar forms, for employees to submit exemption statements. (B) If an employer fails to comply with subsec- tion (A) and terminates an employee based on the employee's noncompliance with a COVID-19 vaccination mandate, the terminated employee may be eligible for reemployment in addition to any other remedy available to the employee. (C) An employer may not impose a policy that prohibits an employee from choosing to receive a COVID-19 vaccination. (Ord. No. 2023-18, § 6) Sec. 66-157. Vaccination mandates for Col- lier County employees. Unless required by law, Collier County shall not impose any vaccination mandate for any Collier County employee except by supermajor- ity vote by the Board. (Ord. No. 2023-18, § 7) Sec. 66-158. Mask Mandates and Quarantine. Unless required by law, Collier County shall not impose a mask mandate, or issue a quarantine order, except by supermajority vote by the Board. (Ord. No. 2023-18, § 8) Sec. 66-159. Vaccine Passports. Unless required by law, Collier County shall not require a Vaccine Passport as a condition of entry except by supermajority vote by the Board. (Ord. No. 2023-18, § 9) Sec. 66-160. Directives from the World Health Organization and Other International Bodies. Unless compelled by Federal or State law, Collier County does not recognize any authority by the World Health Organization or any other international body to impose any health mandates or directives within Collier County. (Ord. No. 2023-18, § 10) § 66-155 COLLIER COUNTY CODE CD66:14Supp. No. 110 Sec. 66-161. Florida Patient's Bill of Rights and Responsibilities. Collier County hereby adopts in its entirety the Florida Patient's Bill of Rights and Responsibilities, as codified in F.S. § 381.026, as may be amended from time to time. (Ord. No. 2023-18, § 11) Sec. 66-162. Penalties. To the extent not inconsistent with Florida law, violations of this Ordinance shall be punish- able as provided by law for the violation of county ordinances. (Ord. No. 2023-18, § 12) Secs. 66-163—66-185. Reserved. § 66-185HEALTH AND SANITATION CD66:15Supp. No. 110 L- Chapters 67-69 RESERVED CD67:1