Agenda 07/13/2021 Item #17E (Repealing Ord. 2018-55)07/13/2021
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance repealing Collier County Ordinance No. 2018-55 which
created the Collier County Fuel Pump Security Ordinance.
OBJECTIVE: To approve an ordinance repealing Collier County Ordinance No. 2018-55 regarding fuel
pump security measures.
CONSIDERATIONS: On November 13, 2018, the Board of County Commissioners (Board) adopted
Ordinance No. 2018-55, known as the “Collier County Fuel Pump Security Ordinance” to establish fuel
pump security measures to protect consumers purchasing fuel in Collier County. This Ordinance
restricted unauthorized access of customer payment information at fuel pumps. Ordinance No. 2018 -55 is
currently codified in Chapter 26, Article XIX of the Code of Laws and Ordinances.
On June 16, 2021, Governor Ron DeSantis signed Senate Bill No. 430 which amended Fla. Stat.
525.07(10) preempting the regulation of petroleum fuel measuring devices to the State. The effect of the
state preemption renders Ordinance 2018-55 null and void.
FISCAL IMPACT: None.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County Attorney’s Office
and is legally sufficient for Board action. A majority vote is required for Board approval. -JAK
RECOMMENDATION: That the Board of Commissioners adopts the attached Ordinance which
repeals Ordinance No. 2018-55 in its entirety.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Ordinance - Repeal 18-55 Fuel Pump Security Ord. (PDF)
2. Ordinance 2018-55 (PDF)
3. SB 430 now Ch. 2021-97 (PDF)
4. legal ad - agenda ID 16350 (PDF)
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E
Doc ID: 16350
Item Summary: Recommendation to adopt an Ordinance repealing Collier County Ordinance No.
2018-55 which created the Collier County Fuel Pump Security Ordinance.
Meeting Date: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
06/23/2021 11:56 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/23/2021 11:56 AM
Approved By:
Review:
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 06/23/2021 3:07 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/24/2021 8:19 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/24/2021 4:16 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/28/2021 6:29 PM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 07/06/2021 10:23 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
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Packet Pg. 2973 Attachment: Ordinance - Repeal 18-55 Fuel Pump Security Ord. (16350 : Recommendation to adopt an Ordinance repealing Ord. No. 2018-55,
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Packet Pg. 2974 Attachment: Ordinance - Repeal 18-55 Fuel Pump Security Ord. (16350 : Recommendation to adopt an Ordinance repealing Ord. No. 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.
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Packet Pg. 2975 Attachment: Ordinance 2018-55 (16350 : Recommendation to adopt an Ordinance repealing Ord. No. 2018-55, the Fuel Pump Security
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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Packet Pg. 2976 Attachment: Ordinance 2018-55 (16350 : Recommendation to adopt an Ordinance repealing Ord. No. 2018-55, the Fuel Pump Security
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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Packet Pg. 2977 Attachment: Ordinance 2018-55 (16350 : Recommendation to adopt an Ordinance repealing Ord. No. 2018-55, the Fuel Pump Security
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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
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Packet Pg. 2978 Attachment: Ordinance 2018-55 (16350 : Recommendation to adopt an Ordinance repealing Ord. No. 2018-55, the Fuel Pump Security
CHAPTER 2021-97
Committee Substitute for
Committee Substitute for Senate Bill No.430
An act relating to retail petroleum fuel measuring devices;amending s.
525.07,F.S.;revising the types of certain security measures required to be
affixed to or installed onto retail petroleum fuel measuring devices;
requiring owners or operators of retail petroleum fuel measuring devices
to affix to or install onto the measuring devices certain security measures
by a specified date;providing that the use of certain measures complies
with such requirement;authorizing the Department of Agriculture and
Consumer Services to take certain retail petroleum fuel measuring
devices out of service until compliance is restored;preempting the
regulation of petroleum fuel measuring devices to the state;prohibiting
the department from enforcing certain provisions for violations of certain
rules;amending s.525.16,F.S.;exempting department petroleum fuel
measuring device rules from enforcement under specified provisions;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.Subsection (10)of section 525.07,Florida Statutes,is amended
to read:
525.07 Powers and duties of department;inspections;unlawful acts.—
(10)(a)Each person who owns or operates manages a retail petroleum
fuel measuring device shall have affixed to or installed onto the measuring
device a security measure to restrict the unauthorized access of customer
payment card information.The security measure must include one or more
of the following:
1.The placement and maintenance of pressure-sensitive security tape
over the panel opening that leads to the scanning device for the retail
petroleum fuel measuring device in a manner that will restrict the
unauthorized opening of the panel or the placement and maintenance of
pressure-sensitive custom branded security tape unique to the station in
more than one location over the panel opening.
2.A device or system that will render the retail petroleum fuel
measuring device or the scanning device in the measuring device inoperable
if there is an unauthorized opening of the panel.
3.A device or system that encrypts the customer payment card
information in the scanning device.
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CODING:Words stricken are deletions;words underlined are additions.
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Packet Pg. 2979 Attachment: SB 430 now Ch. 2021-97 (16350 : Recommendation to adopt an Ordinance repealing Ord. No. 2018-
4.A physical locking mechanism that requires an access key unique to
each station to restrict the unauthorized access of customer payment card
information.
5.A device or system that will sound an alarm to alert the owner or
operator if there is an unauthorized opening of the retail petroleum
measuring device panel.
6.A daily inspection of each measuring device that includes opening the
panels,using an anti-skimmer application that detects wireless based
skimmers,and documenting such inspections.
7.A device or system that permits customers to use a contactless
payment method,such as an electronic contact-free system,tap-and-go
system,or mobile cryptographic system,for payment that does not use a
magnetic strip scanning device.
8.4.Another security measure approved by the department.
(b)Effective January 1,2022,the owner or operator of a retail petroleum
fuel measuring device shall have affixed to or installed onto the measuring
device at least two of the security measures under paragraph (a).The use
and maintenance of two security measures on each measuring device by an
owner or operator is deemed to be in compliance with this subsection.
(c)(b)The owner or manager of A retail petroleum fuel measuring device
without a security measure or with an illegal skimming or filtering device or
an altered or damaged security measure,upon discovery by the department,
shall be prohibited from further use until the security measure is installed,
replaced,or repaired.The department may take a retail petroleum fuel
measuring device that is in violation of this subsection out of service until
compliance is restored upon written notice from the department of such
noncompliance,shall have 5 calendar days to comply with this subsection.
After the fifth day of noncompliance,the department may prohibit further
use of the retail petroleum fuel measuring device until a security measure is
installed,replaced,or repaired.A repeat violation found on the same retail
petroleum fuel measuring device will be cause for The department to
immediately take the measuring device out of service.
(d)(c)For purposes of this subsection,the terms “scanning device”and
“payment card”have the same meanings as defined in s.817.625.
(e)(d)This subsection applies only to retail petroleum fuel measuring
devices that have a scanning device.
(f)(e)The department may seize without warrant any skimming device,
as defined in s.817.625,for use as evidence.
(g)(f)The regulation of retail petroleum fuel measuring devices is
preempted to the state.The department shall enforce,and may adopt
rules to administer,this subsection;however,s.525.16 may not be used to
Ch.2021-97 LAWS OF FLORIDA Ch.2021-97
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CODING:Words stricken are deletions;words underlined are additions.
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Packet Pg. 2980 Attachment: SB 430 now Ch. 2021-97 (16350 : Recommendation to adopt an Ordinance repealing Ord. No. 2018-
enforce this section unless the owner or operator of a retail petroleum fuel
measuring device has failed to install or implement security measures
pursuant to this section or has placed the measuring device back in service
before compliance with this section has been restored.However,if
noncompliance is the result of damage or alteration after repair by the
owner or operator of the security measure,and the owner or operator
demonstrates or provides sufficient evidence of such,the department may
not use s.525.16 to enforce this section.
Section 2.Subsection (6)is added to section 525.16,Florida Statutes,to
read:
525.16 Administrative fine;penalties;prosecution of cases by state
attorney.—
(6)This section may not be used to enforce s.525.07(10)or rules adopted
thereunder unless the owner or operator of a retail petroleum fuel
measuring device has failed to install or implement security measures
pursuant to s.525.07(10)or has placed the measuring device back in service
before compliance with s.525.07(10)has been restored.However,if
noncompliance is the result of damage or alteration after repair by the
owner or operator of the security measure,and the owner or operator
demonstrates or provides sufficient evidence of such,the department may
not use this section to enforce s.525.07(10).
Section 3.This act shall take effect July 1,2021.
Approved by the Governor June 16,2021.
Filed in Office Secretary of State June 16,2021.
Ch.2021-97 LAWS OF FLORIDA Ch.2021-97
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Packet Pg. 2982 Attachment: legal ad - agenda ID 16350 (16350 : Recommendation to adopt an Ordinance repealing Ord. No. 2018-55, the Fuel Pump Security