Agenda 11/13/2012 Item #16J911/13/2012 Item 16.J.9.
EXECUTIVE SUMMARY
Request for authorization to advertise 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).
OBJECTIVE: That the Board of County Commissioners (Board) authorizes advertisement of
an ordinance for future consideration 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
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.
FISCAL IMPACT: The estimated cost to advertise the proposed ordinance is $400.00.
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 authorizes advertisement
of the attached ordinance for future consideration.
PREPARED BY: Lt. Chad Parker, Collier County Sheriff's Office, and
Jeffrey A. Klatzkow, County Attorney
Packet Page -2875-
11/13/2012 Item 16.J.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.1.9.
Item Summary: Request for authorization to advertise 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: 11/13/2012
Prepared By
Name: NeetVirginia
Title: Legal Assistant /Paralegal,County Attorney
11/2/2012 4:46:14 PM
Submitted by
Title: County Attorney
Name: KlatzkowJeff
11/2/2012 4:46:16 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 11/5/2012 8:36:14 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11 /5/2012 10:07:32 AM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 11/5/2012 10:09:48 AM
Name: OchsLeo
Title: County Manager
Date: 11/5/2012 12:18:03 PM
Packet Page -2876-
11/13/2012 Item 16.J.9.
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:
1
Packet Page -2877-
11/13/2012 Item 16.J.9.
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.
2
Packet Page -2878-
11/13/2012 Item 16.J.9.
SECTION SEVEN: Limitation on Location for Sale and /or Purchase of Secondhand
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.
3
Packet Page -2879-
11/13/2012 Item 16.J.9.
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 , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, Deputy Clerk
Anvrovedias to form and
Jefffi Klatzkow
Cou ttorney
By:
FRED W. COYLE, CHAIRMAN
4
Packet Page -2880-