Agenda 02/12/2013 Item #17AProposed Agenda Changes
Board of County Commissioners Meeting
February 12, 2013
Move Item #17A to Item #9B: This was continued from January 22, 2013.
Recommendation to adopt an ordinance which would establish limitations,
in addition to those set forth in Chapter 538, Part I, Florida Statutes, on
the sale and /or purchase of secondhand goods (secondhand dealers)
(County Attorney's request)
Continue Item #16118 to the February 26, 2013 BCC Meeting: Commissioner Hiller requests
Board Approval for Payment to Attend a Function Serving a Valid Public Purpose. She will
attend the Beach Ball Gala for the Children's Advocacy Center February 23, 2013 (Staff request)
Move Item #16A20 to Item #11G: Recommendation to approve $350,000 in eligible costs for
the FY13 Hideaway Beach erosion control structure project based on a January 16, 2013
Proportionality Analysis conducted by Coastal Engineering and reviewed by Collier County
staff, make a finding that this item promotes tourism and approve necessary budget
amendments. (Commissioner Henning's request)
Continue Item #16A18 to the February 26, 2013 BCC Meeting: Recommendation to approve
disposal of surplus property associated with the Gateway Triangle Stormwater Improvements
Phase II, Contract #10 -5366. (County Attorney's request)
Add Item #4D: Proclamation designating February 12, 2013 as the Frank Oakes Day of
Remembrance in Collier County, in recognition of his contributions of the community. To be
accepted by family members. Sponsored by Commissioner Hiller.
Continue Item #11E to the February 26, 2013 BCC Meeting: A Resolution authorizing
acquisition by gift, purchase or condemnation of those perpetual and temporary easement
interests necessary for construction of stormwater improvements known as the "Haldeman
Creek and Crown Pointe Weirs" segment of the LASIP Project. (County Attorney's request)
Continue Item #16A17 to the March 12, 2013 BCC Meeting:
Recording the final plat of Camden Lakes, Application Number PPL- PL20120000747
approval of the standard form Construction and Maintenance Agreement and the amount
of the performance security. (Applicant's request)
Note:
Item #16A16: With respect to Staff Clarification 06 -05 which restricts fuel tanks or fuel trucks
of over 250 gallon capacity from all residential and estates zoned property; staff makes further
clarification that non -fuel tanker trucks or traditional semi trucks with a fuel capacity over 250
gallons are not prohibited from estates zoned property.
2/12/2013 17.A.
EXECUTIVE SUMMARY
Continued from December 11, 2012 - Recommendation to adopt an ordinance which would
establish limitations, in addition to those set forth in Chapter $38, Part I, Florida Statutes,
on the sale and /or purchase of secondhand goods (secondhand dealers).
OBJECTIVE: That the Board of County Commissioners (Board) adopts an ordinance intended
to reduce secondhand goods thefts in Collier County.
CONSIDERATIONS: Increasing demand and associated rising prices of precious metals has
contributed to increased thefts in Collier County of items such as rings, necklaces, bracelets,
earrings, etc., from residential dwellings and conveyances. Chapter 538, Part I, Florida Statutes,
defines secondhand goods and regulates secondhand dealers for the purpose of reducing
secondhand goods theft. The Collier County Sheriff's Office has identified regulations, in
addition to those set forth in Chapter 538, Part I, Florida Statutes, to further reduce theft of
secondhand goods in Collier County. These regulations are set forth in the proposed "Collier
County Secondhand Dealer Ordinance."
Typically the County Attorney would wait on Board direction before bringing forth a proposed
ordinance. In this instance, the proposed ordinance is being brought to the Board by the Collier
County Sheriff's Office.
Among other things, the proposed ordinance requires (1) change to exemptions of secondhand
n dealers; (2) limitation on location for sale and/or purchase of secondhand goods; (3) additional
hold period required; and (4) violations and penalties. The ordinance is in addition to existing
State regulations in this area.
At its November 13, 2012 regular meeting (Item 16 -J -9), the Board authorized the advertisement
of the proposed ordinance for future consideration.
FISCAL IMPACT: Due to its continuance from December 11, 2012, the proposed ordinance
was advertised twice at a total cost of $544.56.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney worked with the Sheriff's Department in
drafting the proposed ordinance. This item is legally sufficient and requires a majority vote for
approval. - JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached
ordinance which would establish limitations, in addition to those set forth in Chapter 538, Part 1,
Florida Statutes, on the sale and /or purchase of secondhand goods (secondhand dealers).
n PREPARED BY: Lt. Chad Parker, Collier County Sheriff's Office
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
2/12/2013 17.A.
Item Summary: This item continued from the December 11, 2012BCC Meeting.
Recommendation to adopt an ordinance which would establish limitations, in addition to those
set forth in Chapter 538, Part I, Florida Statutes, on the sale and /or purchase of secondhand
goods (secondhand dealers).
Meeting Date: 1/22/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/3/2013 11:02:07 AM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/9/2013 8:34 :34 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/11/2013 3:27:53 PM
Name: OchsLeo
Title: County Manager
Date: 1/11/2013 4:32:55 PM
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2/12/2013 17.A.
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS
PERTAINING TO SECONDHAND DEALERS; PROVIDING FOR TITLE
AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING
FOR CONSTRUCTION AND INTERPRETATION; PROVIDING FOR
INCORPORATION OF STATE LAW BY GENERAL REFERENCE;
PROVIDING FOR CHANGE TO DEFINITIONS; PROVIDING FOR
CHANGE TO EXEMPTIONS; PROVIDING FOR LIMITATION ON
LOCATION FOR SALE AND /OR PURCHASE OF SECONDHAND
GOODS; PROVIDING FOR ADDITIONAL HOLD PERIOD REQUIRED;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR VIOLATIONS
AND PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Subsection 125.01, Florida Statutes, the Board of County
Commissioners has the power and authority to adopt such business regulations, to the extent not
inconsistent with general or special law, as are necessary for the protection of the public; and
WHEREAS, the Board of County Commissioners hereby acknowledges that increasing
demand and associated rising prices of precious metals has contributed to increased thefts in
Collier County of items such as rings, necklaces, bracelets, earrings, etc., from residential
dwellings and conveyances, which increased criminal activity adversely affects the health,
safety, and welfare of the residents of Collier County; and
WHEREAS, Chapter 538, Part I, Florida Statutes defines a "secondhand dealer" and
regulates secondhand dealers for the purpose of reducing the sale of stolen goods; and
WHEREAS, Sec. 538.17, Florida Statutes, specifically authorizes local governments to
enact laws more restrictive than the provisions of Chapter 538, Part I; and
WHEREAS, the Collier County Sheriff's Office has identified regulations, in addition to
those set forth in Chapter 538, Part I, Florida Statutes, to further reduce theft of secondhand
goods in Collier County; and
WHEREAS, the Board of County Commissioners finds it in the best interest of the
citizens of Collier County to adopt additional regulations relating to secondhand dealers.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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2/12/2013 17.A.
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Secondhand
Dealer Ordinance." This Ordinance is not intended to regulate secondary metal recyclers, as
provided for in Ordinance No. 2012 -07 and Chapter 538, Part II, Florida Statutes.
SECTION TWO: Applicability.
This Ordinance shall be applicable within the incorporated and unincorporated areas of
Collier County, except to the extent that a municipality has adopted or adopts its own ordinance
in conflict with this Ordinance. To the extent that this Ordinance is applicable within a
municipality, the County and the municipality shall have concurrent authority and jurisdiction to
apply and enforce the Ordinance within the entirety of their jurisdictional boundaries.
SECTION THREE: Construction and Interpretation.
This Ordinance shall be liberally construed in order to effectively carry out the intent and
purpose of this Ordinance. Where any provision of this Ordinance refers to or incorporates
another provision, statute, rule, regulation, or other authority, this Ordinance refers to the most
current version, including and incorporating any amendments thereto or renumbering thereof.
SECTION FOUR: Incorporation of State Law by General Reference.
The provisions of State law governing secondhand dealers and their transactions,
including Chapter 538, Part I, Florida Statutes, are hereby incorporated by general reference as
they may exist and be amended from time to time. To the extent that the provisions of this
Ordinance are more stringent than those of State law, then this Ordinance shall apply.
SECTION FIVE: Change to Definitions.
Amending Chapter 538, Part I, Florida Statutes, as incorporated by reference herein, this
Ordinance expressly includes "coins" within the definition of "Secondhand Goods."
SECTION SIX: Change to Exemptions.
Amending Chapter 538, Part I, Florida Statutes, as incorporated by reference herein, and
notwithstanding the exemptions set forth therein, this Ordinance expressly applies to any person,
coin, or collectible shows or sales, and any person purchasing, consigning, or trading secondhand
goods at a flea market regardless of whether at a temporary or permanent business location at the
flea market.
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SECTION SEVEN: Limitation on Location for Sale and /or Purchase of Secondhand 1#0111,
Goods.
Amending Chapter 538, Part I, Florida Statute, as incorporated by reference herein, a
secondhand store shall not include a hotel room or motel room, a vehicle, a post office box, or a
private residence, and no secondhand goods may be sold and/or purchased by a secondhand
dealer from a hotel room or motel room, a vehicle, a post office box, or a private residence.
Applications that list a hotel room or motel room, a vehicle, a post office box, or a private
residence are not valid. The secondhand dealer must either own the premises, or operate under a
written lease for the premises for a term not less than month -to- month.
SECTION EIGHT: Additional Hold Period Required.
Amending Chapter 538, Part I, Florida Statute, as incorporated by reference herein, a
secondhand dealer shall not sell, barter, exchange, alter, adulterate, use, or in any way dispose of
any secondhand goods within 30 calendar days of the date of acquisition of the goods and the
secondhand goods shall remain within Collier County for the duration of the hold period.
SECTION NINE: Enforcement.
This Ordinance shall be enforced by the Office of the Collier County Sheriff and/or the
appropriate law enforcement official within Collier County having jurisdiction as it pertains to
the location of the secondhand store. ^
SECTION TEN: Violations and Penalties.
All violations of this Article may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No. 2010 -04, as amended) and per provisions
of Parts I or II of Chapter 162, Florida Statutes, as may be applicable. A law enforcement
official or code enforcement officer is specifically authorized to issue a citation for each
violation. Each day of any such violation shall constitute a separate and distinct offense.
Further, each failure to properly document transaction information shall constitute a separate and
distinct offense.
The County may also enforce this Article by action in equity, including injunctive or
declaratory relief, in the appropriate court of competent jurisdiction.
Any person who knowingly violates any provision of this Article, including refusal to
allow a law enforcement official to make an inspection under this Article, shall also be punished
in the same manner as a misdemeanor as provided by general law.
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2/12/2013 17.A.
SECTION ELEVEN: 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 TWELVE: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION THIRTEEN: Effective Date.
This Ordinance 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 , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Approve as a and
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Jeffrey A..
County At%-,+zkow
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2/12/2013 17.A.
NA P L E S D A I LY N E W S g Wednesday, January 9, 2013 9.25D
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 22, 2013, 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 Counter Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, ESTABLISHING REGULATIONS PERTAINING TO SECONDHAND
DEALERS; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY;,
PROVIDING - FOR CONSTRUCTION AND • INTERPRETATION; PROVIDING FOR
INCORPORATION OF STATE LAW BY GENERAL REFERENCE; PROVIDING FOR
CHANGE TO DEFINITIONS; PROVIDING FOR CHANGE TO EXEMPTIONS; PROVIDING
FOR LIMITATION ON LOCATION FOR SALE AND /OR PURCHASE OF SECONDHAND
GOODS, PROVIDING FOR ADDITIONAL HOLD PERIOD REQUIRED; PROVIDING FOR
ENFORCEMENT, PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR
CONFLICT AND SERVERABILITY;- PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on ariy 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 fora group or organization may be
allotted, l0 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of 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..
If you are a 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 Management .
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239)'252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS L
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER ESQ., CHAIRMAN
DWIGHT E. BROCK, CLERK ;
By: Martha Vergara, Deputy Clerk
(SEAL)
January 9. 2013 No.1973286
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