Backup Documents 11/13/2018 Item #17C 1 7 C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
'. �tOao•.1
To: Clerk to the Board: Please place the following as a: •
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
Originating Dept/Div County Attorney Person: Jeffrey A.Kiatzkow,County Attorney Date: October 23,2018
Petition No.(If none,give brief description): Ordinance—Fuel Pump Security
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.)November 13,2018(ad to run no later than,
WEDNESDAY,October 31,2018)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text:(Include legal description&common location& Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ESTABLISHING FUEL PUMP SECURITY MEASURES REQUIREMENTS FOR OWNERS AND OPERATORS OF
RETAIL FUEL PUMPS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s),if any&proposed hearing date: N/A
Does Petition Fee include advertising cost?❑ Yes XXX No If Yes, what account should be charged for advertising costs:
PO#0001.8-1-468
Revi by:
tx)v2\0313
»ievi)1
Division Administrator or Designee Date
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
0 County Manager agenda file: to ❑ Requesting Division ❑Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ON
att
Date Received:�b Date of Public hearing: [ Date Advertised: ,� 0
1 7 C
ORDINANCE NO.2018-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ESTABLISHING FUEL PUMP SECURITY MEASIJRES
REQUIREMENTS FOR OWNERS AND OPERATORS OF
RETAIL FUEL PUMPS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THF CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 125, Florida Statutes, the Board of County Commissioners may
adopt ordinances and resolutions necessary to preserve the health, safety and welfare of the residents of
Collier County,except where prohibited by law; and
WHEREAS, the use of credit card skimmers at gas stations in Collier County is a growing
concern;and
WHEREAS, credit card skimmers are devices that thieves install on gas pumps, which accept
payment via a credit or debit card. to illegally capture and steal the customer's credit or debit card
information;and
WHEREAS, the Board finds that the security measures required by this Ordinance will help
protect consumers purchasing fuel in Collier County by restricting the unauthorized access of customer
payment card information at fuel pumps;and
WHEREAS, the Board hereby finds that this Ordinance is in the best interest of the public
health,safety,and welfare of consumers and residents of Collier County.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section One: Title
This Ordinance shall be known and cited as"The Collier County Fuel Pump Security Ordinance."
Section Two: Definitions
The following words, terms, and phrases, when used in this Ordinance, shall have the meanings
set forth herein:
"Fuel Pump" shall mean a machine or device used to dispense petroleum fuel for sale to the
public at retail.
"Payment Card" shall have the same meaning as defined in §817.625, Florida Statutes, as may
hereafter be amended.
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"Owner"shall mean the record title owner of the property on which a Fuel Pump is located.
"Operator" shall mean the person or legal entity which leases, manages, or operates a Fuel
Pump.
"Scanning Device"shall have the same meaning as defined in §817.625, Florida Statutes, as may
hereafter be amended.
Section Three: Fuel Pump Security Requirements
A. Each Fuel Pump which contains a Scanning Device in Collier County shall have affixed
to or installed on the exterior of any Fuel Pump a visible Fuel Pump lock, which requires an access key
unique to each facilities' location, to restrict the unauthorized access of consumer Payment Card
information.The access key shall be maintained at the facility at all times.
B. As an alternative to the foregoing security measure, one or more of the following security
measures may be implemented:
1. A device or anti-breach system that will render the Fuel Pump, or the Scanning
Device in the Fuel Pump, inoperable if the Fuel Pump is accessed without proper security code
entry;or
2. A device or system that encrypts the customer Payment Card information in the
Scanning Device.
The Owner or Operator of any Fuel Pump that chooses to install an alternative security measure
pursuant to this section shall demonstrate compliance with this section of the Code to a County Code
Enforcement Officer or other law enforcement officer upon request.
C. Fuel Pumps that have been found in compliance with this section by the County may be
appropriately marked by the County for identification purposes.
D. A security measure affixed or installed on a Fuel Pump pursuant to subsections (A) or
(B) shall be maintained by the Owner or Operator in good working condition at all times.
Section Four: Penalty for Violations.
Violation of any provision of this Ordinance shall be treated in the same manner as a
misdemeanor of the second degree punishable by a fine not exceeding$500.00 or by imprisonment not to
exceed 60 days, or by both such fine and imprisonment. All violations of this Ordinance may be
processed according to the Collier County Consolidated Code Enforcement Ordinance(Ord.No. 2010-04,
as amended)and per provisions of Chapter 162, pts. I or 11, Florida Statutes, as may be applicable. A law
enforcement official or code enforcement officer is specifically authorized to issue a citation for each
violation of this Ordinance.
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Section Five: 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 court of competent jurisdiction holds any phrase or
portion of this Ordinance 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: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and 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
to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
Section Seven: Effective Date.
This Ordinance shall become effective as of January 1, 2019.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida,this day of , 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL„ Interim Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Andy Solis, Chairman
A 'roved as to f• an legality:
'7
fr, y latzkow,County o r ey
3
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Acct. #027354
October 24, 2018
Attn: Legals
Naples Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinance Establishing the Fuel Pump Security Ordinance
Dear Legals,
Please advertise the above legal notice Wednesday, October 31, 2018 and send
the Affidavit of Publication, together with charges involved to this office.
Thank you.
Sincerely,
Martha Vergara,
g ,
Deputy Clerk
P.O. #4500190373
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NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday, November 13, 2018, in the
Boardroom, Third Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board
of County Commissioners, will consider the enactment of a County
Ordinance. The meeting will commence at 9 : 00 A.M. The title of the
proposed Ordinance is as follows :
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING FUEL PUMP
SECURITY MEASURES REQUIREMENTS FOR OWNERS AND OPERATORS
OF RETAIL FUEL PUMPS ; PROVIDING FOR CONFLICT AND
SEVERABILITY ; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE .
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112,
(239) 252-8380 . Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
17C
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ANDY SOLIS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Martha S. Vergara 1 7 C
From: NDN-Legals <legals@naplesnews.com>
Sent: Thursday, October 25, 2018 4:08 PM
To: Martha S. Vergara
Subject: FW: Establishing the Fuel Pump Security Ordinance
Attachments: Establishing the Fuel Pump Security Ordinance (BCC 11-13-18).doc; Establishing Fuel
Pump Security Ordinance (11-13-18).doc
Importance: High
OK
Karol Kangas
USA TODAY
Naples Daily News TCPA1M NETWORK n ,x news.
Office: 239.263.4710
gannett.com
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent:Thursday, October 25, 2018 3:39 PM
To: NDN-Legals<legals@naplesnews.com>
Subject: Establishing the Fuel Pump Security Ordinance
Importance: High
Hello,
Please advertise the following attached ad Wednesday, October 31, 2018,
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
Martha,V eegarai, 1314R Semi,o-r Clerk/
/1/44t4tuAte4eE- Recordts,Dept:
C Lark,of theiC%v" ' Co-wet
Er Va2t e'Adj di"1,1: d®
OfJ .ces' (239) 252-7240
Fc (239) 252-8408
E- hcv.yew c -
1 7 C
Martha S. Vergara
From: legals@naplesnews.com
Sent: Thursday, October 25, 2018 4:42 PM
To: Martha S. Vergara
Subject: Ad: 2151018, NOTICE OF INTENT TO CONSIDER AN ORDI
Attachments: OFFICEOFTH-81-2151018-1.pdf
Attached is the document you requested. Please review for approval, once I receive your approval I will release for
publication. Thank you.
1
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Nal:tits olD
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Sales Rep:Karol Kangas(N7103) Phone:(239)263-4710 Email:karol.kangas@naplesnews.com
„ My ...,..._............. ...._....,..,_........, �; A' -v ilii^3'`q'-'. ,., __.. _.. ....
>Account Information >Insertion Information
Date: 10/25/18 This is a proof of your ad scheduled to run on the dates indicated below.
Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account
Company Name:OFFICE OF THE COUNTY ATTORNEY
rep at(239)263-4710.
i Ad Id:2151018 P.O.No.:45-190373 Total Cost:$336.17
Contact Name:
Tag Line:NOTICE OF INTENT TO CONSIDER AN ORDI
Email:Emilypepin@colliergov.net
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 ( Start Date: 10/31/18 Stop Date: 10/31/18
Phone:(239)252-8400 Fax:(239)774-0225 Number of Timess: 1 Class: 16220-Ordinances and Petitions
Publications:ND-Naples Daily News,ND-Internet-naplesnews.com
>Ad Proof
I agree this ad is accurate and as ordered.
NOTICE OF INTENT TO agenda item to be addressed. accommodation in order to
CONSIDER AN ORDINANCE Individual speakers will be participate in this proceeding,
limited to 3 minutes on any you are entitled,at no cost to
Notice is hereby given that item. The selection of an you,to the provision of certain
on Tuesday, November 13, individual to speak on behalf assistance. Please contact
2018, in the Boardroom, of an organization or group is the Collier County Facilities
Third Floor, Administration encouraged. If recognized by Management Department,
Building, Collier County the Chairman,a spokesperson located at 3335 Tamiami Trail
Government Center, 3299 for a group or organization East, Suite #101, Building W,
Tamiami Trail East, Naples, may be allotted 10 minutes to Naples, Florida 34112, (239)
Florida, the Board of County speak on an item. 252-8380. Assisted listening
Commissioners, will consider devices for the hearing
the enactment of a County Persons wishing to have impaired are available in
Ordinance. The meeting written or graphic materials the County Commissioners'
will commence at 9:00 A.M. included in the Board agenda Office.
The title of the proposed packets must submit said
Ordinance is as follows: material a minimum of 3 BOARD OF COUNTY
weeks prior to the respective COMMISSIONERS
AN ORDINANCE OF THE BOARD public hearing. In any case, COLLIER COUNTY,FLORIDA
OF COUNTY COMMISSIONERS written materials intended to ANDY SOLIS,CHAIRMAN
OF COLLIER COUNTY, be considered by the Board
FLORIDA, ESTABLISHING FUEL shall be submitted to the CRYSTAL K.KINZEL,CLERK
PUMP SECURITY MEASURES appropriate County staff a By: Martha Vergara,
REQUIREMENTS FOR OWNERS minimum of seven days prior Deputy Clerk (SEAL)
AND OPERATORS OF RETAIL to the public hearing. All October 31,2018 No.2151018
FUEL PUMPS; PROVIDING FOR material used in presentations
CONFLICT AND SEVERABILITY; before the Board will become
PROVIDING FOR INCLUSION a permanent part of the
IN THE CODE OF LAWS AND record.
ORDINANCES;AND PROVIDING
FOR AN EFFECTIVE DATE. Any person who decides
to appeal a decision of the
A Copy of the proposed Board will need a record of
Ordinance is on file with the the proceedings pertaining
Clerk to the Board and is thereto and therefore, may
available for inspection. All need to ensure that a verbatim
interested parties are invited record of the proceedings is
to attend and be heard. made, which record includes
the testimony and evidence
NOTE: All persons wishing upon which the appeal is
to speak on any agenda based.
item must register with
the County administrator If you are a person with a
prior to presentation of the disability who needs any
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
17C
Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, October 25, 2018 4:46 PM
To: NeetVirginia
Subject: Fuel Pump Security Ordinance ad proof
Attachments: OFFICEOFTH-81-2151018-1.pdf
Importance: High
Hi Dinny,
Attached is the ad proof for your review.
Let me know if it needs any changes.
Thanks,
Martha
1
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Proof
NtipitsDttilll Atittki P 1 7 C
Sales Rep:Karol Kangas(N7103) Phone:(239)263-4710 Email:karol.kangas@naplesnews.com
>Account Information >Insertion Information
Date: 10/25/18 This is a proof of your ad scheduled to run on the dates indicated below.
F
Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account
Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)263-4710.
Ad Id:2151018 P.O.No.:45-190373 Total Cost:$336.17
Contact Name:
Email:Emilypepin@colliergov.net Tag Line:NOTICE OF INTENT TO CONSIDER AN ORDI
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date: 10/31/18 Stop Date: 10/31/18
Phone:(239)252-8400 Fax:(239)774-0225 Number of Timess: 1 Class: 16220-Ordinances and Petitions
Publications:ND-Naples Daily News,ND-Internet-naplesnews.com
>Ad Proof
I agree this ad is accurate and as ordered.
NOTICE OF INTENT TO agenda item to be addressed. accommodation in order to
CONSIDER AN ORDINANCE Individual speakers will be participate in this proceeding,
limited to 3 minutes on any you are entitled,at no cost to
Notice is hereby given that item. The selection of an you,to the provision of certain
on Tuesday, November 13, individual to speak on behalf assistance. Please contact
2018, in the Boardroom, of an organization or group is the Collier County Facilities
Third Floor, Administration encouraged. If recognized by Management Department,
Building, Collier County the Chairman,a spokesperson located at 3335 Tamiami Trail
Government Center, 3299 for a group or organization East, Suite #101, Building W,
Tamiami Trail East, Naples, may be allotted 10 minutes to Naples, Florida 34112, (239)
Florida, the Board of County speak on an item. 252-8380. Assisted listening
Commissioners, will consider devices for the hearing
the enactment of a County Persons wishing to have impaired are available in
Ordinance. The meeting written or graphic materials the County Commissioners'
will commence at 9:00 A.M. included in the Board agenda Office.
The title of the proposed packets must submit said
Ordinance is as follows: material a minimum of 3 BOARD OF COUNTY
weeks prior to the respective COMMISSIONERS
AN ORDINANCE OF THE BOARD public hearing. In any case, COLLIER COUNTY,FLORIDA
OF COUNTY COMMISSIONERS written materials intended to ANDY SOLIS,CHAIRMAN
OF COLLIER COUNTY, be considered by the Board
FLORIDA, ESTABLISHING FUEL shall be submitted to the CRYSTAL K.KINZEL,CLERK
PUMP SECURITY MEASURES appropriate County staff a By: Martha Vergara,
REQUIREMENTS FOR OWNERS minimum of seven days prior Deputy Clerk (SEAL)
AND OPERATORS OF RETAIL to the public hearing. All October 31,2018 No.2151018
FUEL PUMPS; PROVIDING FOR material used in presentations
CONFLICT AND SEVERABILITY; before the Board will become
PROVIDING FOR INCLUSION a permanent part of the
IN THE CODE OF LAWS AND record.
ORDINANCES;AND PROVIDING
FOR AN EFFECTIVE DATE. Any person who decides
to appeal a decision of the
A Copy of the proposed Board will need a record of
Ordinance is on file with the the proceedings pertaining
Clerk to the Board and is thereto and therefore, may
available for inspection. All need to ensure that a verbatim
interested parties are invited record of the proceedings is
to attend and be heard. made, which record includes
the testimony and evidence
NOTE: All persons wishing upon which the appeal is
to speak on any agenda based.
item must register with
the County administrator If you are a person with a
prior to presentation of the disability who needs any
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
1 7C ,
Martha S. Vergara
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Friday, October 26, 2018 9:55 AM
To: Minutes and Records; Martha S. Vergara
Subject: FW: Fuel Pump Security Ordinance ad proof
See below
Original Message
From: KlatzkowJeff
Sent: Friday, October 26, 2018 9:54 AM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Subject: RE: Fuel Pump Security Ordinance ad proof
Approved.
Jeffrey A. Klatzkow
Collier County Attorney
(239) 252-2614
Original Message
From: NeetVirginia
Sent: Friday, October 26, 2018 9:46 AM
To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>
Subject: FW: Fuel Pump Security Ordinance ad proof
Importance: High
See attached ad for your approval. Will run 12 days prior to the 11/13 hearing. Title matches the Ordinance from the
10/23 agenda.
I will coordinate with Mary Jo to ensure the item is placed on the Summary Agenda.
Dinny
Original Message
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent: Thursday, October 25, 2018 4:46 PM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Subject: Fuel Pump Security Ordinance ad proof
Importance: High
Hi Dinny,
Attached is the ad proof for your review.
Let me know if it needs any changes.
Thanks,
Martha
1
17C
Martha S. Vergara
From: Martha S.Vergara
Sent: Friday, October 26, 2018 10:04 AM
To: Naples Daily News Legals
Subject: RE: 2151018, NOTICE OF INTENT TO CONSIDER AN ORDI
Morning,
The legal department has reviewed and approved this ad proof.
Please proceed with publishing as requested.
Thanks,
Martha
Original Message
From: legals@naplesnews.com <legals@naplesnews.com>
Sent:Thursday, October 25, 2018 4:42 PM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Subject: Ad: 2151018, NOTICE OF INTENT TO CONSIDER AN ORDI
Attached is the document you requested. Please review for approval, once I receive your approval I will release for
publication. Thank you.
1
1
7C
? ap1ri Battu ?'rw6
NaplesNews.com
Published Daily
Naples,FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she
serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples,in Collier County,
Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in
said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na-
ples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said
Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second
class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Customer Ad Number Copyline P.O.#
OFFICE OF THE COUNTY ATTORNEY 2151018 NOTICE OF INTENT TO 45-190373
Pub Dates
October 31,2018
(Sign ture of affiant)
1 ;• + KAROLEKANGAS I
rida
Sworn to and subscribed before me 4 Notaryomm� State
GG 2�
This October 31,2018 ' asp My Comm.Expires 1u129,2021
Bonded through*Ronal Nota0440.
qcwerio
(Signature of affiant)
NOTICE OF INTENT TO located at 3335 Tamiami Trail 1 7 C
CONSIDER AN ORDINANCE East, Suite #101, Building W,
Naples, Florida 34112, (239)
Notice is hereby given that 252-8380. Assisted listening
on Tuesday, November 13, devices for the hearing
2018, in the Boardroom, impaired are available in
Third Floor, Administration the County Commissioners'
Building, Collier County Office.
Government Center, 3299
Tamiami Trail East, Naples, BOARD OF COUNTY
Florida, the Board of County COMMISSIONERS
Commissioners, will consider COLLIER COUNTY,FLORIDA
the enactment of a County ANDY SOLIS,CHAIRMAN
Ordinance. The meeting
will commence at 9:00 A.M. CRYSTAL K.KINZEL,CLERK
The title of the proposed By: Martha Vergara,
Ordinance is as follows: Deputy Clerk (SEAL)
October 31,2018 No.2151018
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,
FLORIDA, ESTABLISHING FUEL
PUMP SECURITY MEASURES
REQUIREMENTS FOR OWNERS
AND OPERATORS OF RETAIL
FUEL PUMPS;PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING
FOR AN EFFECTIVE DATE.
A Copy of the proposed
Ordinance is on file with the
Clerk to the Board and is
available for inspection. All
interested parties are invited
to attend and be heard.
NOTE: All persons wishing
to speak on any agenda
item must register with
the County administrator
prior to presentation of the
agenda item to be addressed.
Individual speakers will be
limited to 3 minutes on any
item. The selection of an
individual to speak on behalf
of an organization or group is
encouraged. If recognized by
the Chairman,a spokesperson
for a group or organization
may be allotted 10 minutes to
speak on an item.
Persons wishing to have
written or graphic materials
included in the Board agenda
packets must submit said
material a minimum of 3
weeks prior to the respective
public hearing. In any case,
written materials intended to
be considered by the Board
shall be submitted to the
appropriate County staff a
minimum of seven days prior
to the public hearing. All
material used in presentations
before the Board will become
a permanent part of the
record.
Any person who decides
to appeal a decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verbatim
record of the proceedings is
made, which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a
disability who needs any
accommodation in order to
participate in this proceeding,
you are entitled,at no cost to
you,to the provision of certain
assistance. Please contact
the Collier County Facilities
Management Department,
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 11/13/18
4. BCC Office Board of County �Sh�
Commissioners \&,1 v\A.\,e
5. Minutes and Records Clerk of Court's OfficeG4C l 108 ertlao,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A.Klatzkow,County Attorney Phone Number 252-8400
Contact/Department /
Agenda Date Item was 11/13/18 J/ Agenda Item Number 17-C
Approved by the BCC
Type of Document Ordinance—Fuel Pump Security Number of Original One
Attached Documents Attached
PO number or account n/a At&( „
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this JAK
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. Some documents are time sensitive and require forwarding
to Tallahassee within a certain time frame or the BCC's actions are nullified. Be
aware of your deadlines!
8. The document was approved by the BCC on 11/13/18 and all changes made during JAK N/A is not
the meeting have been incorporated in the attached document. The County an-option for
Attorney's Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by the 'S�E S -k/ is not
BCC,all changes directed by the BCC have been made,and the document is ready for a arl option for
Chairman's signature. ' ` lis line.
[04-COA-01081/1344830/111:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
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Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, November 15, 2018 3:19 PM
To: NeetVirginia;AlthouseTammy
Subject: Ordinance 2018-55 (Validated)
Attachments: Ordinance 2018-55.pdf
Here's a copy of Ordinance 2018-55
with the validation letter Prowl the state.
Thank you!
Jennejohn, Sr. Deputy Clerk
Board Minutes Sr Records Department
Collier County Value Adjustment Board
23'7-252-8406
17C
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, November 15, 2018 1:57 PM
To: 'countyordinances@dos.myflorida.com'
Subject: CLL20181115_Ordinance2018_55
Attachments: CLL20181115_Ordinance2018_55.pdf
COUNTY: CLL (COLLIER)
ORDINANCE NUMBER: 2018-S5
SENT 13Y: Collier County Clerk of the Circuit Court
l3oard Minutes & Records Department
SENDER'S PHONE: 239-252-840(0
Thank you.
Avty< Jennejohn, Sr. Deputy Clerk
Board Minutes Sr Records Department
Collier County Value Adjustment Board
239-252-8406
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ORDINANCE NO.2018-5 5
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ESTABLISHING FUEL PUMP SECURITY MEASURES
REQUIREMENTS FOR OWNERS AND OPERATORS OF
RETAIL FUEL PUMPS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,pursuant to Chapter 125, Florida Statutes,the Board of County Commissioners may
adopt ordinances and resolutions necessary to preserve the health, safety and welfare of the residents of
Collier County, except where prohibited by law; and
WHEREAS, the use of credit card skimmers at gas stations in Collier County is a growing
concern; and
WHEREAS, credit card skimmers are devices that thieves install on gas pumps, which accept
payment via a credit or debit card, to illegally capture and steal the customer's credit or debit card
information; and
WHEREAS, the Board finds that the security measures required by this Ordinance will help
protect consumers purchasing fuel in Collier County by restricting the unauthorized access of customer
payment card information at fuel pumps; and
WHEREAS, the Board hereby finds that this Ordinance is in the best interest of the public
health, safety, and welfare of consumers and residents of Collier County.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
Section One: Title
This Ordinance shall be known and cited as"The Collier County Fuel Pump Security Ordinance."
Section Two: Definitions
The following words, terms, and phrases, when used in this Ordinance, shall have the meanings
set forth herein:
"Fuel Pump" shall mean a machine or device used to dispense petroleum fuel for sale to the
public at retail.
"Payment Card" shall have the same meaning as defined in §817.625, Florida Statutes, as may
hereafter be amended.
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"Owner" shall mean the record title owner of the property on which a Fuel Pump is located.
"Operator" shall mean the person or legal entity which leases, manages, or operates a Fuel
Pump.
"Scanning Device" shall have the same meaning as defined in §817.625, Florida Statutes, as may
hereafter be amended.
Section Three: Fuel Pump Security Requirements
A. Each Fuel Pump which contains a Scanning Device in Collier County shall have affixed
to or installed on the exterior of any Fuel Pump a visible Fuel Pump lock, which requires an access key
unique to each facilities' location, to restrict the unauthorized access of consumer Payment Card
information. The access key shall be maintained at the facility at all times.
B. As an alternative to the foregoing security measure, one or more of the following security
measures may be implemented:
1. A device or anti-breach system that will render the Fuel Pump, or the Scanning
Device in the Fuel Pump, inoperable if the Fuel Pump is accessed without proper security code
entry; or
2. A device or system that encrypts the customer Payment Card information in the
Scanning Device.
The Owner or Operator of any Fuel Pump that chooses to install an alternative security measure
pursuant to this section shall demonstrate compliance with this section of the Code to a Code
Enforcement Officer or other law enforcement officer upon request.
C. Fuel Pumps that have been found in compliance with this section may be appropriately
marked by the appropriate enforcing entity for identification purposes.
D. A security measure affixed or installed on a Fuel Pump pursuant to subsections (A) or
(B) shall be maintained by the Owner or Operator in good working condition at all times.
E. The requirements provided by this Ordinance shall apply county-wide, with the option
for the individual municipalities to expressly opt-out of its enforcement, and is to be enforced by Collier
County Code Enforcement, the Office of the Collier County Sheriff, and/or the law enforcement or code
enforcement having jurisdiction as it pertains to the location of the gas station.
Section Four: Penalty for Violations.
Violation of any provision of this Ordinance shall be treated in the same manner as a
misdemeanor of the second degree punishable by a fine not exceeding $500.00 or by imprisonment not to
exceed 60 days, or by both such fine and imprisonment. All violations of this Ordinance may be
processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord.No. 2010-04,
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as amended) and per provisions of Chapter 162, pts. I or II,Florida Statutes, as may be applicable. A law
enforcement official or code enforcement officer is specifically authorized to issue a citation for each
violation of this Ordinance.
Section Five: 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 court of competent jurisdiction holds any phrase or
portion of this Ordinance 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: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and 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
to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
Section Seven: Effective Date.
This Ordinance shall become effective as of January 1, 2019.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida,this V3-1,6,6, day of'a�b,re x-r\, , 2018.
ATTEST: BOARD OF i IN Y COMMI . .1NERS
CRYSTAL K. KINZEL, Clerk COLLIER '•U , FLOR i • j
By: - OLAL \LL4L.cLBy: I r
AtteStaStO C fl 4e Clerk 'ndy Solis, Chairman
sig 4 atu e only.
Appro 11 d ' (/m and legality:
� i
f,'int This ordinance filed with tr..
tart' of 53ate's `it f ,;,<
Jeffrey • la kow, County Attorney cloy of OV2_, _ rt_.ao16
and acknowledce .mf that
oiling viceive�is � oQY
�JJ ief
8t' Deo ter
3
, CNF;,i,„:. 1 7 C
vz
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 15, 2018
Ms. Crystal K. Kinzel, Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-55, which was filed in this office on November 15,
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.fl.us