*A Collier County, Florida resident receives the second shot of the Moderna COVID vaccine in February 2021. (Photo: Author)*

March 26, 2023 by David Silverberg

Collier County, Fla., could take itself out of the modern, global public health and disease prevention system if its Board of Commissioners approves a package of two proposals being called the “Collier County Health Freedom Bill of Rights Ordinance” and the “Collier County Health Freedom Resolution.”

On Tuesday, March 28, at its regular meeting, the Commission is scheduled to discuss whether to put the proposed package on the county’s agenda for full debate and discussion. The item is numbered 10A on the March 28 agenda and was placed there at the request of Commissioner Chris Hall (R-District 2).

If approved by the commissioners, the county would set a date for a debate on final approval of the measures and advertise that date. (The full text follows this article.)

The ordinance

The proposed ordinance is a law that prohibits vaccine mandates and prevents businesses from requiring vaccine documentation (also known as “vaccine passports”). County employees could not be required to show vaccine documentation unless approved by a unanimous vote of the Board. Mask mandates and quarantines would also be prohibited unless unanimously approved by the Board. Violations would incur penalties, although the ordinance doesn’t state what they would be.

It also states that: “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.”

As the executive summary of the proposed ordinance puts it: “Numerous County residents have expressed their concerns to the Board of County Commissioners (“Board”) over the federal government’s and the World Health Organization’s attempts to impose public health mandates and limit an individual’s healthcare freedoms and rights. This Ordinance seeks to address the concerns of Collier County residents and prohibit COVID-19 vaccine mandates, mask mandates, quarantines, vaccine passports, and rejects health directives by the World Health Organization and other international bodies. The Ordinance also adopts state statutes, which have codified many of these protections, into local law and allows for Code Enforcement to enforce the Ordinance.”

The resolution

The resolution is an expression of official opinion and is more explicit in its complaints about the current state of affairs. As it argues it in its establishment clauses (the “whereas” sections), “federal and state health agencies have demonstrated a clear inability to be truthful, transparent and consistent in protecting the citizens of Collier County.”

It also states that the “constitutional rights of Collier County citizens were violated through discrimination based on vaccine status” and that “global organizations such as the World Health Organization (“WHO”) and World Economic Forum (“WEF”) work to subvert the Constitution of the United States and the Constitution of the State of Florida.” It then cites a number of national and state constitutional provisions it alleges were violated during the pandemic.

It argues that the US Constitution and county residents’ rights were violated during the pandemic and that the national and state constitutions are “no longer being upheld and as a result Collier County citizens are being harmed.” It also complains that the US Food and Drug Administration no longer requires animal testing on new medications (i.e., that full safety protocols were not followed).

It argues that doctors were not allowed to speak freely about treatments other than vaccines and that residents were not provided with information about such treatments. It also alleges interference from third parties like WHO and WEF.

It then puts forward ten “rights” against public health measures. Among these are a right not to be subject to medical mandates or quarantines and a right not to suffer discrimination as a result of personal healthcare decisions (i.e., refusing vaccines). It argues that people have the right to the care of their choice, not to face discrimination on the basis of those choices, and not to be refused care. It also asserts a right to a mental health review and to not be held for more than 72 hours for mental health reasons without judicial review. It states that citizens have a right to a medical advocate when admitted to a hospital and can leave a hospital’s care if they choose.

Analysis: What’s going on here?

The proposals are a delayed reaction against the COVID-19 vaccines, protection measures and mandates applied during the worst days of the pandemic. Essentially, these measures constitute the revenge of vaccine opponents (anti-vaxxers) against scientific and medical measures to fight the spread of COVID.

During the pandemic, the small group of local Collier County anti-vaxxers of perhaps a few hundred to 1,500 people felt they were being discriminated against by doctors, epidemiologists, scientists, the federal government and the whole national effort to get the entire population vaccinated against COVID. They didn’t like the vaccines, being vaccinated, masking or any form of compulsory protective measures. They felt that businesses and government agencies requiring vaccine documentation were discriminating against them.

They also felt discriminated against by doctors and hospitals who rejected such unproven or demonstrably ineffective solutions as Hydroxychloroquine and Ivermectin and refused to administer those drugs despite the anti-vaxxers’ insistence. And they felt they were being labeled as crazy, hence the proposed right to a mental health review and a 72-hour limit on mental health confinement.

They also felt that they shouldn’t be prohibited from travel or movement if they preferred (even if they were deemed infectious) and that hospitals shouldn’t have refused them visits from friends, family members or lawyers while being treated. During the high points of the pandemic, hospitals of necessity quarantined patients and refused visitation to prevent spread of the disease, especially during its earliest, most deadly phases.

The Collier County anti-vaxx package seeks to take authority away from doctors and hospitals so that even the most infectious patients can depart at will. This is an outgrowth of the belief by some anti-vaxxers that the whole COVID pandemic was a sham and hoax. Given their argument that COVID never existed, the Collier anti-vaxx package establishes that they shouldn’t face any restrictions.

Anti-vaxxers also felt at the mercy of the federal government, its agencies and global organizations like the WHO, so they’re arguing that WHO and WEF shouldn’t have any authority in Collier County. However, WHO, WEF and other international bodies have no authority to impose any measures on Collier County or anywhere else in the United States. Their roles are entirely advisory.

The thinking behind the Collier County anti-vaxx package expressed in the executive summary and the establishment clauses of the resolution reveal a rejection of any federal government role at all in protecting public health. Its advocates argue that public health measures are unconstitutional and, basically, illegal. Indeed, it rejects all science.

Why is this being proposed now? Last year’s election put commissioners Chris Hall and Dan Kowal on the Commission. Both were backed by the Citizens Awake Now Political Action Committee headed by conservative grocer and anti-vaxx activist Francis Alfred “Alfie” Oakes III. During the height of the pandemic, the five-member Board of Commissioners voted 3 to 2 to impose mask mandates on Collier County businesses, including Oakes’ Seed to Table market. This past November the commissioners who voted for the mandates were ousted and with Hall and Kowal seated, the conservative-majority Board is more likely to approve the anti-vaxx package.

Additionally, the state enacted anti-mandate measures on Nov. 18, 2021 when Gov. Ron DeSantis (R) signed Florida House Bill 1-B prohibiting all the mandates included in the Collier anti-vaxx package. This makes the Collier anti-vaxx package unnecessary. DeSantis has called for making the bans permanent in the current legislative session.

If passed in its current form the Collier County anti-vaxx package would just further hinder and prohibit science-based, public health measures and precautions within county boundaries. If there’s a new COVID variant or another epidemic, it would remove the tools and authorities county doctors and hospitals rely upon to halt the spread of a contagion, treat it effectively, and stop bogus, fraudulent and potentially harmful treatments.

To contact Collier County commissioners:

Chair, District 1: Rick.LoCastro@colliercountyfl.gov — (239) 252-8601
District 2: Chris.Hall@colliercountyfl.gov — (239) 252-8602
District 3: Burt.Saunders@colliercountyfl.gov — (239) 252-8603
District 4: Dan.Kowal@colliercountyfl.gov — (239) 252-8604
District 5: Bill.McDaniel@colliercountyfl.gov — (239) 252-8605
The full text of the Collier anti-vaxx package:

EXECUTIVE SUMMARY

Recommendation to direct the County Attorney to advertise and bring back for a public hearing an Ordinance establishing the Collier County Health Freedom Bill of Rights, and to adopt the Collier County Health Freedom Resolution.

OBJECTIVE: To establish an Ordinance safeguarding the healthcare rights and freedoms of Collier County residents, and to adopt the Collier County Health Care Freedom Resolution.

CONSIDERATIONS: Numerous County residents have expressed their concerns to the Board of County Commissioners (“Board”) over the federal government’s and the World Health Organization’s attempts to impose public health mandates and limit an individual’s healthcare freedoms and rights. This Ordinance seeks to address the concerns of Collier County residents and prohibit COVID-19 vaccine mandates, mask mandates, quarantines, vaccine passports, and rejects health directives by the World Health Organization and other international bodies. The Ordinance also adopts state statutes, which have codified many of these protections, into local law and allows for Code Enforcement to enforce the Ordinance.

If this item is approved, the proposed ordinance will be advertised and brought back to the Board for a public hearing.

The Collier County Health Freedom Resolution is intended to create a broader expression of the Board’s position on these matters, which are not suitable for an ordinance.

FISCAL IMPACT: Advertising fees are estimated to be $600. The future fiscal impact is unknown if additional Code Enforcement staff is necessary to administer.

GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.

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: To direct the County Attorney to advertise and bring back for a public hearing an Ordinance establishing the Collier County Health Freedom Bill of Rights, and to adopt the Collier County Health Freedom Resolution.

Prepared by: Chris Hall, Commissioner District 2

ATTACHMENT(S)

1. Ordinance Health Care Bill of Rights 3-21 (numbered) (PDF) [EDITOR’S NOTE: This verison is not include here.]

2. Ordinance Health Care Bill of Rights 3-21 (clean) (PDF)

3. Resolution Health Freedom Final (PDF)

CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA

ORDINANCE NO. 2023 -

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER COUNTY HEALTH FREEDOM BILL OF RIGHTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, numerous County residents have expressed their concerns to the Board of County Commissioners (“Board”) over the federal government’s and the World Health Organization’s attempts to impose public health mandates and limit an individual’s healthcare freedoms and rights; and

WHEREAS, the State of Florida has recognized these concerns and in November of 2021, Governor DeSantis signed into law Senate Bill (SB) 2-B and its companion House Bill (HB) 1- B,1 as well as HB 3-B/SB 4-B, 2, now codified in Chapter 381, Florida Statutes, in large part prohibiting the ability of private employers to impose a COVID-19 vaccination mandate amongst other protections; and

WHEREAS, the State of Florida further protects its residents’ health related rights and freedoms through Section 381.026, Florida Statutes, the Florida Patient’s Bill of Rights and Responsibilities, which promotes the interests and wellbeing of patients of healthcare providers and healthcare facilities; and

WHEREAS, the Board wishes to address the concerns of Collier County residents and adopt the foregoing State Statutes into local law, as well as to expand upon them.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA:

SECTION ONE: Title

This Ordinance shall be known and cited as the “Collier County Health Freedom Bill of Rights” Ordinance.

SECTION TWO: Purpose and Intent

The purpose of this Ordinance is to safeguard the healthcare rights and freedoms of Collier County residents.

SECTION THREE: Definitions

The terms used in this Ordinance shall be defined as outlined in Chapter 381, Florida Statutes, as may be amended from time to time.

SECTION FOUR: Applicability.

This Ordinance is applicable and limited to unincorporated Collier County.

SECTION FIVE: COVID-19 vaccine documentation prohibited.

(A) A business entity within Collier County, as defined in Florida Statutes Sec. 768.38, may not require patrons or customers to provide any documentation certifying COVID-19 vaccination or postinfection 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 postinfection recovery to gain access to, entry upon, or service from Collier County’s operations.

SECTION SIX: 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 section, 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 subsection (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.

SECTION SEVEN: Vaccination mandates for Collier County employees.

Unless required by law, Collier County shall not impose any vaccination mandate for any Collier County employee without the unanimous vote by the Board.

SECTION EIGHT: Mask Mandates and Quarantine

Unless required by law, Collier County shall not impose a mask mandate, or issue a quarantine order, without the unanimous vote by the Board.

SECTION NINE: Vaccine Passports

Unless required by law, Collier County shall not require a Vaccine Passport as a condition of entry without the unanimous vote by the Board.

SECTION TEN: 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.

SECTION ELEVEN: 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 Florida Stat. Sec. 381.026, as may be amended from time to time.

SECTION TWELVE: Penalties.

To the extent not inconsistent with Florida law, violations of this Ordinance shall be punishable as provided by law for the violation of county ordinances.

SECTION THIRTEEN: Conflict and Severability

In the event this Ordinance conflicts with State or Federal law, State or Federal law shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion.

It is the intent of this Ordinance to mirror State law. Accordingly, this Ordinance shall be automatically amended upon any amendment of Chapter 381, Florida Statutes, or any other relevant State law.

SECTION FOURTEEN: Inclusion in the Code of Laws and Ordinances

The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or any other appropriate word.

SECTION FIFTEEN: Effective Date

This Ordinance shall become effective upon filing with the Secretary of State.

PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2023.

ATTEST: BOARD OF COUNTY COMMISSIONERS

CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA

By:

, Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality:

Jeffrey A. Klatzkow, County Attorney

RESOLUTION NO. 2023 -

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ENACT THE COLLIER COUNTY HEALTH FREEDOM RESOLUTION.

WHEREAS, our federal and state health agencies have demonstrated a clear inability to be truthful, transparent and consistent in protecting the citizens of Collier County; and

WHEREAS, constitutional rights of Collier County citizens were violated through discrimination based on vaccine status; and

WHEREAS, immunity protection provided to hospitals, pharmaceutical companies, medical professionals coupled with medical mandates leave Collier County citizens subject to death and injury with little recourse; and

WHEREAS, many doctors of Collier County are no longer allowed to speak freely, treat patients with personalized care and have access to and treat with proven repurposed medications; and

WHEREAS, Pfizer’s clinical data revealed 1223 deaths, 42,000 adverse cases, 158,000 adverse incidents, and approximately 1,200 side effects and this data is being widely censored from the Citizens of Collier County; and

WHEREAS, global organizations such as the World Health Organization (“WHO”) and World Economic Forum (“WEF”) work to subvert the Constitution of the United States and the Constitution of the State of Florida; and

WHEREAS, our United States and Florida State Constitution is no longer being upheld and as a result Collier County citizens are being harmed; and

WHEREAS, the FDA no longer requires pharmaceutical companies to conduct animal testing first before introducing a new drug to the public; and

WHEREAS, the 4th amendment to the U.S. Constitution provides Collier Citizens: “the right of the people to be secure in their persons, houses, papers against unreasonable searches and seizures, shall not be violated”; and

WHEREAS, the 5th amendment to the U.S. Constitution provides Collier Citizens: “nor shall be deprived of life or liberty without due process of law”; and

WHEREAS, the 9th and 14th amendments to the U.S. Constitution provides Collier Citizens: “certain rights shall not be construed to deny or disparage others retained by the people”; and

WHEREAS, the 4th amendment to the U.S. Constitution and the Florida State Constitution, Art 1 sect 2, provides Collier Citizens with inalienable rights, among which are the right to enjoy and defend, life and liberty, to pursue happiness; and

WHEREAS, Article. 1 section 23 to the Florida State Constitution provides Collier Citizens: “The right to be let alone and free from government intrusion into the person’s private life”; and

WHEREAS, extraordinary times require extraordinary measures, and due to the failings of our federal, state, and local governments and healthcare institutions, which are directly causing harm, including death, to its citizens, the Collier County Board of County Commissioners hereby adopt this Resolution to be known as the “Collier County Health Freedom Resolution.”

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:

1. Right to No Medical Mandates: No State or Federal executive order can override the rights provided in our State and Federal Constitution. It is unlawful in any circumstance to mandate any medical protocol, experimental drug, medical procedure, medication, device, biological agent, toxin, radioactive exposure or medical treatment on any patient or citizen in Collier County.

2. Right to no discrimination: It is against the law to discriminate against any patient or citizen in Collier County based on their medical or healthcare decisions.

3. Informed consent without interference: The moment information is intentionally or unintentionally withheld violates informed consent. Doctors take an oath to first do no harm. Hospitals and doctors are prohibited from using coercion, fear tactics, various means of compensation to entice a patient into any medical treatment. Intentionally or unintentionally withholding informed consent subjects doctors and their hospitals, institutions and companies to criminal and civil prosecution, as provided by law.

4. Right of personalized care: Doctors and patients have the right to use any and all legally available therapies for treatment without reprisal or punishment. No legal, standard or alternative treatments should be denied by any third party.

5. Right to exclude third party interference: Human rights are given to us by God and these rights are protected by the U.S. and Florida State Constitution. The 9th amendment and the 10th amendment to the U.S. Constitution and Article 1 Section 1 of the Florida State Constitution protects these healthcare rights and as such, these rights cannot be restricted or infringed by United States and foreign bodies such as but not limited to the U.S. Food and Drug Administration, the Centers for Disease Control and Prevention (the “CDC”), the National Institutes of Health (the “NIH”), United States Department of Health and Human Services (the “HHS”), National Institute of Allergy and Infectious Diseases (the “NIAID”) , the World Health Organization (the “WHO”), the World Economic Forum (“WEF”), corporations and the United Nations.

6. Right to not be refused care: No pharmaceutical or medical institution can mandate a person’s vaccine or health history status as a pre-condition to admittance, treatment or right to intervention/therapy.

7. Right to mental health review: With regard to mental health, no person in Collier County can be held for more than 72 hours without a judicial remedy in a court of law in front of a jury of your peers.

8. Right of free movement: Health/Vaccine Passports are prohibited in Collier County. Citizens cannot be denied entrance based on medical status. Travel cannot be restricted in Collier County based on Health/vaccine status.

9. Right to medical advocate: Citizens/patients have the right to a medical advocate of their choice. Hospitals must recognize power of attorney documents outlining the patient’s wishes. Citizens/patients have the right of advocate visitation, family visitation and personal doctor visitation if and when admitted into a hospital. If patient, their advocate, their healthcare proxy desire to leave the hospital against medical advice (AMA), the hospital must immediately release the patient.

10. Right to forego unlawful quarantine: It is unlawful to force quarantine on any Collier County Citizen without a judicial remedy in a court of law in front of a jury of your peers.

THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of , 2023.

ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA

By:

, Deputy Clerk Rick LoCastro, Chairman

Approved as to form and legality: