Ordinance 2018-55 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.
1
"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,
2
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 , day of ---- ,rex-Apes , 2018.
ATTEST: BOARD OF i IN Y COMMI . .INERS
CRYSTAL K. KINZEL, Clerk COLLIER ' OU ,FLOR i - /
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By: ` By: A i
Attestas to C
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Appro, '_d: -dm and legality:
Kling' This ordinance filed with tr,.
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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