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Ordinance 2018-26 ORDINANCE NO. 2018- 9 ti AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 97- 8, AS AMENDED, THE COLLIER COUNTY FALSE ALARM ORDINANCE, BY REVISING SECTION FIVE, FALSE ALARM REGISTRATION FORMS, TO CLARIFY THE REQUIREMENTS FOR REGISTRATION AND REGISTRATION RENEWAL; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 28, 1997, the Board of County Commissioners (Board) adopted Ordinance No. 97-8, the Collier County False Alarm Ordinance, which is administered by the Collier County Sheriff's Office (CCSO); and WHEREAS, Ordinance No. 2014-07 amended Ordinance No. 97-8 to shift the responsibility to register alarm systems to the alarm and/or installation companies; and WHEREAS,in 2016,the Florida Legislature passed HB 535 codified as Section 553.7931, Florida Statutes, providing that alarm system monitoring companies or contractors who install alarm systems are not liable for civil penalties and fines imposed by any local government entity for failure to register, which eliminated the County's ability to enforce the registration of alarm systems; and WHEREAS, in response to Section 552.7931, the Board adopted Ordinance No. 2017-32 which amended Ordinance No. 97-8 to reverse the responsibility for registration and fines back to the property owner; and WHEREAS, the CCSO has requested that Ordinance No. 97-8 be further amended to clarify that late fees are imposed against a property owner or the property owner's agent, herein referred to as the responsible party, for failure to register or re-register an alarm system and to clarify the requirements for registration and re-registration; and WHEREAS, the Board finds it is in the best interest of the citizens of Collier County to amend Ordinance No. 97-8, as amended, as requested by the CCSO to support the enforcement of the Collier County False Alarm Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the "Collier County False Alarm Ordinance" is hereby amended as follows: SECTION ONE. AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 97-8, AS AMENDED. Section Five of Ordinance No. 97-8, as amended, is hereby amended as follows: Underlined text is added;Struslk-threugh text is deleted. Page 1 of 3 SECTION FIVE: FALSE ALARM REGISTRATION FORMS. (a) No Security Alarm System installed on or after November 1, 2001, shall be operated until a completed Alarm Registration Form has been received by the Collier County Sheriffs Office False Alarm Unit. A separate Registration Form is required for each Security Alarm System. The Registration Form shall be supplied by the Sheriffs Office to the responsible partyAlarm Company and shall be filled out completely with the required information. (b) For each Security Alarm System that was installed at the secured premises prior to November 1, 2001, the completed Registration Form must be filed not later than five (5) week days of the first false alarm that occurs after November 1, 2001. (c) Each registration form shall automatically expire three hundred and sixty five (365) seven hundred and thirty(730) days two years after its date of issuance and, upon expiration,the responsible party shall renew its registration. Each registration renewal must be received by the Sheriffs False Alarm Unit before the then effective Registration Form expires. A copy of the Registration Form shall be retained by the applicable Alarm Company for their records. At least thirty (30) days before the expiration date of each then effective Registration Form, the Sheriff s False Alarm Unit will attempt to provide written notice to the responsible party of the need to renew that Form. (d) No registration form shall be transferred to any other person, entity, or site. (e) Not later than five (5) week days after each respective change in the registration information, athe responsible partypersen for the respective Security Alarm System shall mail or otherwise deliver to the Sheriffs Office False Alarm Unit written notice of all changes that alter any information in the then current Registration Form. (0 Each Registration Form must include the following information: (1) The full name(s), mailing address, residence and/or work place telephone number and email address (if applicable) of at least one responsible person regarding the respective Security Alarm System at that Secured Premises. (2) The name, mailing address, and telephone number of at least one authorized individual representative of a responsible person who can be immediately notified in the event of a false alarm or any emergency at that Secured Premises. (3) If applicable to the Secured Premises,the name and 24-hour telephone number(s) of the individual or entity monitoring the respective Security Alarm System. (4) Any dangerous or special conditions present at the Secured Premises that would be of value to the safety of security of a responding person or to the Secured Premises. (5) Other information that may assist responding persons in the event that a false alarm occurs at the Secured Premises. Underlined text is added;Struck text is deleted. Page 2 of 3 (g) Information contained in the registration application form is confidential and is exempt from public disclosure to the extent authorized in F.S. § 281.301, as now or hereafter amended or superseded, which as of November 1, 2001, applies to property owned by or leased to the State of Florida or any of its political subdivisions, including Collier County, and to every other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public Agency as now or hereafter defined in, or incorporated by reference into F.S. § 119.011(2). (h) Failure for a responsible party to register or renew a complete Registration Form by its due date shall be a separate violation of this Ordinance and shall require prompt payment of a late fee of$25.00. Late fees are in addition to fines. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this 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 portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered and internal cross-references amended throughout to accomplish such, and the word"ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be considered adopted upon the date written below. PASSED AND ADOPTED in this'lard day of \Aa.+.. 2018. ATTEST: BOA' i OF ' •UNTY V ►. SIONERS . .}_ OF ' SL R e _'► F%RIDA Dwight Bi ks G]'o ikO$$t as to Chairman's Andy Solis, Chairman sgjnature only. Approvedas to form and legality: Emily R. Pe in --Cr' This ordinance filed with the Secre ary of S�tate's Office the Assistant County Attorney o?3ra`dd ay of ow/8 and ackncw`r ' ement ojq that fili '. receivrl:is ed v y Underlined text is added;&fuck-through text is deleted. �f r 4it8 Page 3 of 3 !,� Deputy Cfpi4 ovo ,,,_ , 60.,1,11, ,_ _ 6'° y t4 @ Z41, x FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State May 23, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa Cannon Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-26, which was filed in this office on May 23, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.tl.us