Backup Documents 02/12/2013 Item # 9B • 9B
,t
COLLIER COUNTY FLORIDA !, e
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS `c;r`
To: Clerk to the Board: Please place the following as a: (JI
0 Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.) •
Originating Dept/Div: County Attorney Person: Jeffrey A.Klatzkow Date: December 28,2012
Petition No.(If none,give brief description): Secondhand Dealer's Ordinance-title below
Petitioner: (Name&Address):. Collier County Attorney
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) January 22,2013(ad to run no later than
WEDNESDAY,January 9,2013)
Newspaper(s)to be used: (Complete only if important): 1
1
® Naples Daily News ❑ Other ❑Legally Required
Proposed Text: (Include legal description&common location&Size)
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, L t_
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 j
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.
3
Companion petition(s),if any&proposed hearing date: None
Purchases 'er umber to be charged for advertising costs: P.O.4500139337
Reviewed b :
lev , It htitt ,
j
i. ,, ,
Division Adn • or Designee Date
List Attachme s: I proposed ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review,or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
}
❑ County Manager agenda file: to ❑Requesting Division ❑Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY:
Date Received: 12 2%c2--Date of Public hearing: I!9..-1).- 17 Date Advertised: 1 1 1
I
9 B
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
9 B
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
96
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
9B
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: By:
, Deputy Clerk GEORGIA A. HILLER,ESQ.
CHAIRWOMAN
Approve as orm and
legal suf
Kt ' —j--'
Jeffrey A. I1 ow
o ey
County Att
I
4
9B
Acct. #068783
December 28, 2012
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Secondhand Dealer's Ordinance
Dear Legals:
Please advertise the above referenced notice on Wednesday,January 9, 2013, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. # 4500139337
9B
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on 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 County Ordinance . The meeting will
commence at 9 : 00 A.M. The title for 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
SEVERABILITY; 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 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 must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials 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
9B i
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ. , CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
NOTICE OF INTENT TO CONSIDER ORDINANCE 9 g
Notice is hereby given that on Tuesday, January 22, 2013, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 East Ta-
miami 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 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 INCORPO-
RATION OF STATE LAW BY GENERAL REFERENCE; PROVIDING FOR CHANGE TO
DEFINITIONS; PROVIDING FOR CHANGE TO EXEMPTIONS; PROVIDING LIMITATION
ON LOCATIONS FOR SALE AND/OR PURCHASE OF SECONDHAND GOODS; PROVID-
ING 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 ORDI-
NANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A copies of the proposed Ordinance are 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 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
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER ESQ., CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
January 9, 2013 No. 1973286
Naples Daily News 9 B
Naples, FL 34110 U
Affidavit of Publication
Naples Daily News JAN 17 2013
+
BCC/ENGINEERING-ENVIRONMENTAL
FINANCE
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700 .
NAPLES FL 34112
REFERENCE : 068783 4500139337
59707471 NOTICE OF INTENT TO NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 22, 2013,'in the Boardroom, 3rd
State O f Florida 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 corhmence at 9:00 A.M.
Counties of Collier and Lee The title of the proposed Ordinance is as follows:
Before the undersigned authority, persona] AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, ESTABLISHING REGULATIONS PERTAINING TO SECONDHAND
appeared Amy Davidson, says that She serves PROVIDING ROORRIN CONSTRUCTIONNDANDATINTERPREETATION;FO ROVIDINGBILF R
Inside Sales Supervisor, of the Naples Dail CHANGE OTIDEFINITIONS; PROVIDING FORECHANGETr XEMPTIO SVI PROVIDING
a daily newspaper published at Naples, in Cc FOR LIMITATION ON LOCATION FOR SALE AND/OR PURCHASE OF SECONDHAND
GOODS; PROVIDING FOR ADDITIONAL HOLD PERIOD REQUIRED; PROVIDING FOR
County, Florida: distributed in Collier ENFORCEMENT; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR '
CONFLICT AND SERVERABILITY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS
and Lee counties of Florida; that the attach: AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
copy of advertising was published in said A copy of the proposed Ordinance is on file with the Clerk to the Board and is
PY g P available for inspection.All interested parties are invited to attend and be heard.
newspaper on dates listed. NOTE: All persons wishing to speak on any agenda item must register with the
Affiant further says that the said Naples County administrator prior to presentation of the agenda item to be addressed.
Y P Individual speakers will be limited to 3 minutes on any item. The selection of an
News is a newspaper published at Naples, in individual to speak on behalf of an organization or group is encouraged. 1f
P P recognized by the Chairman, a spokesperson for a group or organization may be
Collier County, Florida, and that the said allottedlominutestospeakonanitem.
newspaper has heretofore been continuously Persons wishing to hav i written or graphic materials included prin the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
day and has been entered as second class mai pubbc 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
matter at the post office in Naples, in said wiiIIbeco eapeubrl tpatoffherecordl used in presentations before the Board
Collier County, Florida, or a period of 1
y, , P Y' Any person who decides to appeal a decision of the Board will need a record of
next preceding the first publication of the the proceedings fertairring thereto and,therefore, may need to,ensure that a
verbatim record oe She proceedsngs is made, which record includes the testimony
attached copy of advertisement; and affiant
and evidenceuponWhicntheappeeli:based.
If you are a person with,a disability who needs any accommodation in order to,
further says that he has neither paid nor participate in this proceeding,you are entitled,at no cost to you,to the provision
promised any person, firm or corporation any of certain assistaice. Please contact'the Collier County Facilities Management
Department, loca2d at 3335 Tamiami Trail East, Suite;101, BUriding W, Naples,
Florida 34112, (239) 252 8388• Assisted listening devices for the hearing impaired
discount, rebate, commission or refund for tY are availableintheCountyCommissioners'Office.
purpose of securing this advertisement for BOARD OF COUNTY COMMISSIONERS
publication in the said newspaper. COLLIER COUNTY,FLORIDA
GEORGIA A.HILLER ESQ.,CHAIRMAN
DWIGHT E.BROCK,CLERK
PUBLISHED ON: 01/09 By:Martha Vergara,Deputy Clerk '
(SEAL) No 1973786
January 9 7013
AD SPACE: 90 LINE
FILED ON: 01/09/13
+
Signature of Affiant , /?) j
Sworn to and Subscribed 0- ore meta -` day of 0 20 0
r, � /L--- f
Personally known by me �/
MISSION#EE 851758
•a�"S' ., OI n 2314
Y MyC
November n8,
it '*_ EXPIRES'. ichardlnsu�ncAgercY
ij1; ':hoe= Bonded•hru P
1
9 B tk3
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 PURCHASE OF SECONDHAND {Formatted:Strikethrough
GOODS BY SECONDHAND DEALERS; 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
9B (' ,)
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
9B
0,4
1
SECTION SEVEN: Limitation on Location for Sale-and/or Purchase of Secondhand (Formatted:Strikethrough
Goods by Secondhand Dealers.
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 gold and/or purchased by a secondhand - (Formatted:Strikethrough
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. , - -. - - - . - . - -- - - . -- - , o o:• . - .-:: - {Formatted:Strikethrough
• -• . - , .- . -.•• - . . ---- . .• - . • . . . This Ordinance is not {Formatted:Not Strikethrough I
intended to regulate licensed professional numismatis and philatelists at sanctioned or (Formatted:Not Strikethrough I
permitted events or shows.
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
I EI02,\'-,P,
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: By:
,Deputy Clerk GEORGIA A.HILLER,ESQ.
CHAIRWOMAN
Approved as to form and
legal sufficiency:
Jeffrey A.Klatzkow
County Attorney
4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCO. ANY ALL ORIGINAL DOCUMEP. .3 SENT TO 9 'E1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 1
l�-2-p
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office e p 21e5C3
PRIMARY CONTACT INFORMATION 4
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A.Klatzkow,County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 1/22/13 Agenda Item Number
Approved by the BCC Z �Z13 ✓ _-"ep e/-
Type of Document Ordinance(Secondhand Dealers Ordinance) Number of Original One
Attached Documents Attached
PO number or account N/A
number if document is 1
to be recorded D13-2.j
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1/22/13 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable. -'
9. Initials of attorney verifying that the attached document is the version approved by the N
BCC,all changes directed by the BCC have been made,and the document is ready for,he r
Chairman's signature.
MINUTES & RECORDS—Please notify Chad Parker with CCSO (252-006' hen th I rdinance is
validated by State.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
9B
ORDINANCE NO. 2013 - 21
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 PURCHASE OF SECONDHAND GOODS BY
SECONDHAND DEALERS; 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.
1
98
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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
9B
SECTION SEVEN: Limitation on Location for Purchase of Secondhand Goods by
Secondhand Dealers.
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 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.
This Ordinance is not intended to regulate licensed professional numismatics and philatelists at
sanctioned or permitted events or shows.
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.
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
3
98
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 \Z -*-■ day of �ebr"a� , 2013.
ATTEST;;)'. r..`'0 0 BOARD •F COUNT COMMISSIONERS
DWIT,E BRO'CI .Clerk COLLI 0 T , FLORIDA
i" , .,
By: l .. .. d.A.
48ast By A 1
`' '`''' .;'gip ty lerk�' GEO7 . HILLER, ESQ.
Attest ' � o CHAIRWOMAN
�! ]4
'D
Appr I.''e• s • form and
legal 1` ';'21 cy:
1 Il 41
'14
Jeffre '. . la- ow
Count A '`•rney
1
4
98
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 2013-21
which was adopted by the Board of County Commissioners
on the 12th day of February, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of February, 2013 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners Iwsii
By Ma.tha---'(ler . ,
r
}• Leputry' CI*
,.
/f 4.i,%