Agenda 07/11/2017 Item #17A07/11/2017
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance amending Ordinance No. 97-8, as amended, the Collier
County False Alarm Ordinance.
OBJECTIVE: To bring the current False Alarm Ordinance into compliance with Florida State Statutes
and enable enforcement of the Ordinance.
CONSIDERATIONS: On January 28, 1997, the Board of County Commissioners adopted Ordinance
No. 97-8, the Collier County False Alarm Ordinance, which is administered by the Collier County
Sheriff’s Office. The Board subsequently amended Ordinance No. 97-8 by adopting Ordinance Nos.
2001-56, 2004-48, and 2008-52. On February 25, 2014, the Board voted to amend the False Alarm
Ordinance to remove the responsibility of registering a home alarm system from the homeowner and
placing that responsibility with the alarm company.
Effective July 1, 2016, the Florida Legislature passed HB 535, codified as Section 553.7931, Florida
Statutes, which provides that an alarm company is not responsible for alarm registration and - in fact -
cannot be fined or penalized in any way for failure to register an alarm. The Statute does not require a
local government to regulate this matter, but if a local government elects to require registration of alarm
systems, the burden of registration can only fall on the property owner.
As the Statute does not allow an alarm company to be fined for failing to register an alarm and the
Ordinance does not allow the Collier County Sheriff’s Office to fine a homeowner for failing to register
(as contemplated by statute), many homes in the County became non-compliant with registration
requirements due to a lack of government recourse. Alarm registration compliance has dropped from 95%
to 49%.
The Ordinance is proposed to bring Collier County into compliance with Florida law by placing the
responsibility for registering alarm systems with the homeowners and not the alarm company. Doing so
will allow the Ordinance to be enforced and bring compliance back up to prior levels.
FISCAL IMPACT: The cost to the County is $381.61 for advertising; the Collier County Sheriff’s
Office will assume a fiscal liability of approximately $4,000 required to update registration databases and
computer systems.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
executive summary.
RECOMMENDATION: That the Board of County Commissioners approves an Ordinance amending
Ordinance No. 97-8, as amended, the Collier County False Alarm Ordinance.
Prepared by: Commander Michael Williams, Collier County Sheriff’s Office
Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. FINAL Ord. Amending False Alarm Ordinance (PDF)
2. legal ad - ID 3448 (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 3448
Item Summary: Recommendation to approve an Ordinance amending Ordinance No. 97-8, as
amended, the Collier County False Alarm Ordinance.
Meeting Date: 07/11/2017
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
06/28/2017 2:30 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/28/2017 2:30 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/28/2017 2:42 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 06/28/2017 2:47 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 3:21 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2017 12:51 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
ORDINANCE NO. 2OI7 .
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.97.
8, AS AMENDED, THE COLLIER COUNTY FALSE ALARM
ORDINANCE, BY REVISING SECTION TWO, DEFINITIONS; REVISING
SECTION FIVE, FALSE ALARM REGISTRATION FORMS; REVISING
SECTION SEVEN' FALSE ALARMS FINES; EXCEPTIONS; AND
REVISING SECTION EIGHT, ENFORCEMENT AND PENALTY
PROVISIONS; 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; and
WHEREAS, the Board subsequently amended OrdinanceNo. 97-8 by adopting Ordinance
Nos. 2001-56,2004-48, and 2008-52; and
WHEREAS, through its adoption of Ordinance No. 2014-07 on February 25,2014, the
Board further amended the False Alarm Ordinance by establishing additional duties and
responsibilities for the alarm monitoring and/or installation companies; and
WHEREAS, effective July 1,2016, 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 governmental entity for failure to register, which eliminated the County's ability to enforce
the registration of alarm systems; and
WHEREAS, upon the request and recommendation ofthe Collier County Sheriff s Office,
the Board now wishes to eliminate the additional duties and responsibilities established by
Ordinance No. 2014-07.
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:AMENDMENTS TO SECTION TWO OF ORDINANCE NO.97-8. AS
AMENDED.
Section Two of ordinance No. 97-8, as amended, is hereby amended as follows:
I
Words underlined are added; Words stfl*€k+reufh are deleted.
SECTION TWO: DEFINITIONS. As used herein, the following terms shall have the
specified meanings unless another meaning is clearly required by the context:
,1.*rkrk!F*{.
Alarm Registration Form means the form to be filled out and turned in by all responsible parties
Al€ffi€€mpaftiesor an electronic format in which the applicable data is supplied, as provided by
the Sheriff s Office.
SECTION TWO:
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AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 97.8.
AS AMENDED.
Section Five of Ordinance No. 97-8, as amended, is hereby amended as follows:
SECTION FIVE: FALSE ALARM REGISTRATION FORMS.
(a) No Security Alarm System installed on or after November I,2001, shall be operated until
a completed Alarm Registration Form has been received by the Collier County Sheriff s Office
False Alarm Unit. I#$e*el-,*+es-ensibility ef eaeh Alarm eempary te register all nerr4y
instalHsys+em$' A separate Registration Form is required for each Security Alarm System. The
Registration Form shall be supplied by the Sheriffs Office to the Alarm Company en-a+em-;erin
andshallbefilledoutcompletelywiththerequired
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
daysofthefirstfalsealarmthatoccursafterNovember1,2001.
Alarrn €empany te register existing Seet+rity Alarm $ystems.
(c) Each registration form shall automatically expire three hundred and sixty-five (365) days
two years after its date of issuance. 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 Sherifls False Alarm
Unit will attempt to provide written notice of the need to renew that Form. I+-is-+he-*ele
(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, a responsible person for the respective Security
z
Words underlined are added; Words str*ek+hreugh are deleted.
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.
(f)EachRegistrationFormmustincludethefollowinginformation@
:
(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.
(g) Information contained in the registration application form is confidential and is exempt
from public disclosure to the extent authorized in Section 281.301, Florida Statutes, 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 ino or incorporated by reference into
Subsection I 19.01 1(2), Florida Statutes.
(h) Failure 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 $5*00. Late fees are
in addition to fines. iee
to submit eemplete and up-to4ate infermatien, The failureef the r\larm eempany te sr*bmit up
te date registratien is in aCditien te any fines ae€{ued by the alaffrFewner fer false-alarm
inanee=
ing
up to date informatien; as required unde- this seetion; may result in the suspensien ef the Alrm
eempany's eeHier eeunty eentraeter's lieense fe- a peried ef 60 days,
registratien and re rc
irsenriee
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Words underlined are added; Words stflr€k+hreugh are deleted.
SECTION THREE: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO. 97-8'
AS AMENDED.
Section Seven of Ordinance No. 97-8, as amended, is hereby amended as follows:
SECTION SEVEN: FALSE ALARM FINES; EXCEPTIONS.
(a) False alarm fines, The first false alarm does not require payment of a fine. The second
false alarm does not require payment of a fine if the premise is registered. If the premise is not
registered. however. fines ma)' be issued for the second false alarm and also for a registration
violation. When a citation for a false alarm violation is issued, a responsible party shall, within
thirty (30) days of the date of the violator's receipt of that citation, pay to the Board of Collier
County Commissioners a false alarm civil fine as follows:
FALSE ALARM FINE SCHEDULE
False Alarm Fine per False Alarm:
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SECTION FOUR: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 97-8,
AS AME,NDED.
Section Eight of Ordinance No. 97-8, as amended, is hereby amended as follows:
SECTION EIGHT: ENFORCEMENT AND PENALTY PROVISIONS.
(a) Incorporation of Section I -6 of the County Code of Laws and Ordinances. In addition to
all enforcement provisions specified in this Ordinance, and as provided for in Section 125.69,
FloridaStatutes,anypersonj@whoshallviolateanyprovisionofthis
4
First Response No false alarm fine.
Second Response No false alarm fine., if registered.
$25.00 false alarm fine if not registered, plus $25.00 registrati
fine.
Third or Fourth ResponseCitation issued: $75.00 fine.
Fifth or Sixth Response Citation issued: S100.00 fine.
Seventh or Eighth
Response
Citation issued; $150.00 fine.
Ninth or more Response Citation issued; $200.00 fine.
Words underlined are added; Words sm*et<+*eugh are deleted.
section shall, at the election of the County be subject to the enforcement provisions of Section 1-
6 of the Collier County Code of Laws and Ordinances, excluding possible imprisonment, except
for contempt of court. Violations of this Ordinance may be referred by the Sheriff to the Code
Enforcement Board, or to the County's Code Enforcement Special Magistrate for enforcement
pursuant to the County's Code Enforcement Special Magistrate Ordinance and Chapter 162,
Florida Statutes, including filing liens against the secured premises.
(b) Joint and severable responsibility to payfees andfines. All fees and/or fines charged under
this Ordinance shall be an obligation owned jointly and severally by each responsible party. Fees
and fines shall be paid to Collier County Board of County Commissioners within the time periods
specified in this Ordinance except as may be ordered otherwise by the Special Magistrate. Prompt
payment of each false alarm fine shall clear and settle that false alarm violation-bu1-gballgqlla:&gl
the duty to file any Registration Form.
(c) Fines and costs imposed. Fines and costs imposed against a responsible party are to be
distributed as follows: $5.00 to Collier County Code Enforcement as an administration fee, and
the balance of the funds of each fine is to be deposited in the fine and forfeitures fund of the
Sheriffs Office to offset the Sheriffs operating budget costs.
(d) Failure to promptly payfine and costs. If a violator fails to pay the fine and costs resulting
from the cited violation of this Ordinance without filing a written notice of appeal received by the
Special Magistrate within the thirty (30)-day fine payment period, the cited violation can be
referred by the Sheriffs Office to the Special Magistrate. The Special Magistrate can impose a
civil fine against the violator not to exceed five hundred dollars ($500), plus applicable costs, and
can file a lien for the respective fine and costs against the land at which the violation occurred and
upon any other real or personal property owned by the violator, as then authorized by Chapter 162,
Florida Statutes.
SECTION FIVE: CONFLICT AND SEVERABILITY
In the event that 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
Words underlined are added; Words s+ni€lethreugh are deleted.
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed 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 this Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," ooarticle," or
any other appropriate word.
SECTION SEVEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED bv the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK. CLERK
By:
, Deputy Clerk
Approved as to form and legality:
,2017 .
BOARD OF COUNTY COMMISSIONERS
COLLIER COI.]NTY. FLORIDA
By:
PENNY TAYLOR" CHAIRMAN
6
Words underlined are added; Words stru€k+hreugh are deleted.
ily R.
Assistant
Naples Daily News Friday, June 30,2017 17D
7 P I
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on July 11, 2017 in the Boardroom,
3rd Floor, Administration Building, Collier County Government
Center, 3299 East Tamiami Trail, 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 AMENDING COLLIER COUNTY ORDINANCE
NO. 97-8, AS AMENDED, THE COLLIER COUNTY FALSE ALARM
ORDINANCE, . BY REVISING SECTION TWO, DEFINITIONS;
REVISING SECTION FIVE, FALSE ALARM REGISTRATION FORMS;
REVISING SECTION SEVEN, FALSE ALARMS FINES; EXCEPTIONS;
AND REVISING SECTION EIGHT, ENFORCEMENT AND PENALTY
PROVISIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE..
Copies of the proposed Ordinance is on file with the Clerk to the
Board and are 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 musYsubmit said material a minimum
of 3 weeks prior to the respective public hearing. In•any case,
beisubmittedito theintended
app oprlate Countyesstafftamin um shall
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.
!f you area 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 ManagementSuite 101 Na Department, located
at 3335 Tamiam(239) 252-8380, pt least twoTrl East'days p for to them eting. AssisteFL d
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
June 30, 2017
No. 1668502