Ordinance 2017-32 ORDINANCE NO. 2017 - 32
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 Ordinance No. 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 of the 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:
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SECTION TWO: DEFINITIONS. As used herein, the following terms shall have the
specified meanings unless another meaning is clearly required by the context:
* * * * * * *
Alarm Registration Form means the form to be filled out and turned in by all responsible parties
Alarm Companies or an electronic format in which the applicable data is supplied, as provided by
the Sheriff's Office.
* * * * * * *
SECTION TWO: 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 1, 2001, shall be operated until
a completed Alarm Registration Form has been received by the Collier County Sheriff's Office
False Alarm Unit. ' -- - - .. - .. - . .. . - . -
installed systems. 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 on a form, or in
a format, supplied by the Sheriff's Office and shall be filled out completely with the required
information. Failure to submit a registration form for each system installed or monitored by the
Alarm Company shall result in a fine of$100.
(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
days of the first false alarm that occurs after November 1, 2001. It is the sole rc :: ' . -
Alarm Company to register existing Security Alarm Systems.
(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 Sheriff's False Alarm
Unit will attempt to provide written notice of the need to renew that Form. It is the sole
responsibility of the Alarm Company to re register all active accounts with complete and up to
date information based on initial expiration dates supplied by the Sheriff's Office.
(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 the Alarm Company that monitors for the respective Security
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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.
(1) Each Registration Form must include the following information as depicted on the standard
Registration Form furnished by the Sheriffs Office to the Alarm Company:
(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 in, or incorporated by reference into
Subsection 119.011(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$254.00. Late fees are
in addition to fines. - .. . -- f!,.••.- •• e . . . . •. ' -
to submit complete and up to date information. The failure of the Alarm Company to submit up
occurrences and shall not excuse fines imposed under Section Seven of this Ordinance.
(i) Failure to pay the fine for failure to register and remedy the violation by timely submitting
up to date information, as required under this section, may result in the suspension of the Alarm
Company's Collier County contractor's license for a period of 60 days.
(j) An Alarm Company shall not charge a fee in excess of ten dollars ($10.00) for the
registration and re registration of systems, if an Alarm Company decides that a fee is necessary to
cover the administrative costs of registration. However, upon charging such fee to the customer,
the Alarm Company shall provide a statement to the customer that the charge is for their service
and there is no registration fee required by Collier County or the Sheriffs Office.
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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 may 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:
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 registration
fine.
Third or Fourth Response Citation issued; $75.00 fine.
Fifth or Sixth Response Citation issued; $100.00 fine.
Seventh or Eighth Citation issued; $150.00 fine.
Response
Ninth or more Response Citation issued; $200.00 fine.
* * * * * * *
SECTION FOUR: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 97-8,
AS AMENDED.
Section Eight of Ordinance No. 97-8, as amended, is hereby amended as follows:
SECTION EIGHT: ENFORCEMENT AND PENALTY PROVISIONS.
(a) Incorporation of Section 1-6 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,
Florida Statutes,any person, including an Alarm Company,who shall violate any provision of this
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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 pay fees and fines. 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,but shall not affect
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 pay fine 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
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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," "article," 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 by the Board of County Commissioners of Collier
County, Florida, thisl\431-,clay ofZ—J\ , 2017.
ATTEST:, BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROOK, CLERK COLLI' ' ► TY, FLORIDA
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signature only.
Approved as to form and legality:
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Emily R. Pi in
Assistant C•unty Attorney
This ordinance filed with the
Secretory of S,�ta¢t.e's Office the
i'day of X11 , ;;-o l 2.
and acknowledgement 4 that
fil ng received this . day
of 3 0A- 0-011-
By
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 12, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2017-32, which was filed in this office on July 12, 2017.
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