Ordinance 2009-12
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~c': ....">' AN ORDINANCE OF THE BOARD OF COUNTY
~c?'.?lC:OZ6\.'3\\; COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2007-74, THE COLLIER
COUNTY CONVENIENCE BUSINESS SECURITY
ORDINANCE, BY AMENDING SECTION THREE,::.
CONVENIENCE BUSINESS SECURITY REQUIREMENTS, Tq::'
INCLUDE THE MINIMUM SAFETY STANDARDS FOK<'
CONVENIENCE BUSINESSES SET FORTH IN FLORlDA~-
ADMINISTRATIVE RULE 2A-S.00S: PROVIDING FOlk;:
INCLUSION IN THE CODE OF LAWS AND ORDINANCES:;';-
PROVIDING FOR CONFLICT AND SEVERABILITY: ANi'-,
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 2009- 1 2
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WHEREAS, on November 27, 2007, the Board of County Commissioners adopted
Ordinance No. 2007-74, the Collier County Convenience Business Security Ordinance; and
WHEREAS, in keeping with a request by the Collier County Sheriffs Office, the Board
of County Commissioners desires to amend Ordinance No. 2007-74 by amending Section Three,
Convenience Business Security Requirements, to include the provisions set forth in Florida
Administrative Rule 2A-S.00S, Minimum Safety Standards for Convenience Businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE.
AMENDMENT TO SECTION THREE OF COLLIER COUNTY
ORDINANCE NO. 2007-74.
Section Three is hereby amended to include the proVISIOns set forth in Florida
Administrative Rule 2A-S.00S, Minimum Safety Standards for Convenience Businesses, as
follows:
SECTION THREE: Convenience Business Security Requirements.
(]) Each convenience business shall be equipped with the following security devices and
standards:
(a) A security camera system capable of recording and retrieving a recognizable and
identifiable image of an offender to assist individuals involved in an investigation.
in a format that can be enlarged and reproduced for distribution by law
enforcement agencies. If one camera is not sufficient, additional cameras must be
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installed to capture the image of an offender at all register locations in use. The
camera system shall be:
(i) Positioned to provide photographic coverage of all registers in use and to
minimize tampering by customers or offenders;
(ii) Maintained on a routine basis to ensure that the camera system is working
properly at all times;
(iii) Capable of continuous operation or activation by a remote triggering
device such as a concealed button or bill trap alarm; and
(iv) Verification that the camera system is in proper working order in
accordance with the standards listed above shall be maintained on the
premises in the form of test photographs produced annually. The system
shall be maintenanced no less than once every four months. documented
on a maintenance log kept on the premises.
(b) A drop safe or cash management device bo lted to the floor. installed in the floor
or counter. or which weighs at least five hundred pounds. and prevents the retail
employee from accessing surplus cash receipts.
(i) Drop safes or cash management devices must be installed and maintained
as speci fied by the manufacturer.
(ii) Drop safes or cash management devices must offer protection against
forced entry. while providing a means for depositing currency. checks.
coins and the like. contained in bags or envelopes. or directly deposited
into the body of the safe.
(c) A lighted parking lot illuminated at an intensity of at least 2 foot-candles per
square foot at 18 inches above the surface.
(d) A conspicuous notice at the entrance which states that the cash register contains
$SO or less.
(e) Window signage and window tinting must allow for a clear unobstructed view of
the cash register and sales transaction area from inside or outside of the building
and in a normal line of sight. The degree of window tinting shall allow for
physical identification of all individuals in the sales transaction area from outside
the building and in a normal line of sight at all times.
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(f) Conspicuous height markers with digits at least one inch in sIze at the inside
entrance of the convenience business.
(g) A written cash management policy that is kept on site. limits the cash on hand at
all times after II p.m. and before 5 a.moo and provides for:
(i) guidelines for deposits to be made on a regular basis. but at variable
interyals to minimize offender activity resulting from scheduled deposits
or procedures for deposits picked UP by an armored car seryice; and
(ii) an encouragement to drop cash in excess of $50 per register in the safe at
all times after II p.m. and before 5 a.m.
(h) Unless an exemption is granted by the Office of the Attorney General under
Section 812.173(3). F.S.. a silent alarm which activates a signal to a law
enforcement or a private security agency is required. Silent alarms shall have a
primary and secondary power source. Silent alarms must be installed by a
contractor licensed by the Florida Electrical Contractors' Licensing Board
pursuant to the provisions of Chapter 489. F.S. Silent alarms shall be
maintenanced regularly in accordance with the manufacturer's specifications and
in proper working order at all times the business is open.
(i) If a murder. robbery. sexual battery. aggravated assault. aggravated battery.
kidnapping or false imprisonment has occurred at a convenience business. the
business must meet additional requirements under Section 812.173(4). F.S.
(I) Every cOflveflience lnwiness shall be eqHippea with the full owing secHfit), aoyices afla
stanaaras:
(a) /\ security camera system capaBle of recording ana retrieviflg an image to assist ifl
offcRder identification and apprehension.
(B) ,he arop safe or cash management device for restricted access to cash receipts.
(c) .'\ lightea parking lot illuminatea at an inteflsity of at least tv/o (2) foet candles
per square foot at eighteeH (18) inches aBo'ie the slifface.
(d) .^. conspicuous notice at the eHtrance that states the caoh rcgister centaiHs fifty
dollars ($50) or less.
(e) vVindow signage that allews a clear, lIHoBstracted view from outside the Builaing.
including a clear lifle of sight of the cash register aRd the sales transactiefl area.
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(0 Height markers at the eRtrance of the conveHieRce blisifless that aisplay height
measuremeHts of ifldividuals who eHter the interior throligh the entraHce.
(g) .^. cash maHagemeflt policy to limit the cash on haRd at all times after 11 :00 p.m.
(2) A cOHyeRieflce BusiRess SHall not have winaow tiHtiHg that realices m[terior or interier
view in a normal line of sight.
(3) EYer)' ceflyeHieHce BusiHess shall be equipped witH a silent alarm to law enfereemeflt or a
private security agency, unless application for afl eJwmption is made te and graRted BY Flerida's
.'\ttorney Gefleral. .^.n applicatioR for exemption must Be ifl writiflg ana must Be aceompanied BY
aH administratiye fee of twenty five aollars ($25) for each store for whiCH the exemptieR woula
appty,
(4) If a murder, fElBBer)', sexual Balter)'. aggrayated assault, aggra'/ated batter)', kiaRapping
or false imprisonment, as those crimes are the identifiea and tflefl aefined 13)' Floriaa Statutes,
occurs or has eccurred at a convenience BusiRess after July 1, 1989, aHa arises OHt of the
operatioR of the cOR'ieHieHce BusiHess, such cefl'ieHience Busifless shall implement at least one
(I) of the follo'Ning extra seclirity measures:
(a) Provide at least two (2) employees on the premises at all times after 11:00 p.m.
and until 5:00 a.m.;
(b) Iflstall for use by employees at all times after 11:00 p.m. aRa ufltil 5:00 a.m., a
securea safety eHclosure of traRSpareflt polycarBenate or other material that meets
at least one (1) of the follo,....ing miRimum staHdards:
(i) American Society fer Testiflg and Materials StaRdara D3935
(classificatioFl PCIIO B 3 0800700), haG a thiclmess of at least 0.375
inches. aHd has an impact streFlgth of at least two hURdrea (200) foet
pounds; or
(ii) Unaerwriters LaBeratory Standar-rl UL 752 for meailim power small arms
(leyel one) Bullet ResistiHg Equipment;
(c) Proviae a seclirity guaR! on the premises at all times after II :00 p.m. aHa UFltil
5:00 a.m.;
(a) Lecle the Business premises throughout the hours frem 11:00 p.m. ufltil5:00 a.m.,
and tnrnsact BusiFlcss oRly threligh an imlirect pass through trough, trapdoor, or
wiHdew; or
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( e) Close the Business at all times after 11 :00 p.m. and uHtil 5 :00 a.m.
(5) For purposes of this Section, any convenicRce business that by law Has tHeH implemented
aflY of the extra seclirity measures set fortH iH paragraphs (4)(a) (e), above, aHd Has maiHtaiflea
sueH e)(tra meanurcs withoat aRY occurreRce or ineiaenee ef any of the crimes ideHtifiea by
SIiBsection (4). above, for a perioa of at least tweflty four (24) fHoHths immeaiately preceding the
filing of a notice of exemptioR, may file with a CBI employed by the CCSO, a notice of
e)[emptioR from the extra security measlifes. IH no e'ieHt shall this ellemptioR be interpreted to
precluae full compliaHce witH the seclifity measures set forth in SUBsectiofl (4). aB8Ve, nheuld
any eccurreRee or iflciaeHce of aH)' crimes iaeRtified BY SIiBsectiofl (4), above. cause that
SUBsectioH to again Become applicable.
f6t-ill For the mutual convenience of the business and each investigating officer, each
convenience business is encouraged to maintain and have readily available in the transaction area
a red three ring binder ("Red Book") to include the following items:
(a) Inspection Log. maintained for the immediate past two (2) years' inspections,
including the inspection results;
(b) A copy of the business' then current local Business Tax Receipt (formerly called
an Occupational License);
(c) An annual test photograph taken by the security camera system and that shows an
identifiable image (to assist in offender identification and apprehension);
(d) A Maintenance Log of the security camera system that verifies the maintenance
performed not less than once every four (4) consecutive months. Upon request.
the CCSO will provide the requestor an example Camera Test and Maintenance
Log;
(e) The convenience business' written cash management policy that limits cash on
hand at all times from 11 :00 p.m. until 5 :00 a.m. Upon request, the CCSO will
provide the requestor a copy of the CCSO's example Cash Management Policy;
(f) Documented proof that confirms the training (specified below) has been provided
to and learned by each retail employee within sixty (60) days of the initial
employment of each such retail employee, including date(s) of such training for
each such employee; and
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(g) A copy of the then current Florida's Convenience Business Security Act
(currently Sections 812.170] through 812.176, Florida Statutes).
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collicr County, Florida. The sections of the Ordinance may be renumbered or
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION THREE: 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 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.
SECTION FOUR: EFFECTIVE DATE
This Ordinancc shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~day of \-'\o..r,,,--,\.... , 2009.
A TTES.T: " ~:.;,. .
DWIGIll,.",.,p..RROCK. CLERK
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and I g ''f bency:
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-12
Which was adopted by the Board of County Commissioners
on the 24th day of March, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of March, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
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Ex-officio to Board '.of:" '
County Commissioners
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