Agenda 10/23/2018 Item #10B10/23/2018
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back for public hearing an
ordinance establishing security measures for retail gas stations to help prevent the use of credit
card skimmers.
OBJECTIVE: To require gas station owners and operators to place security measures on each gas pump
designed to prevent the installation of credit card skimmers in order to protect the public against credit
and debit card fraud.
CONSIDERATIONS: Many communities in southwest Florida have had a steady increase of instances
of credit card skimmers being placed in fuel pumps. These are illegally installed devices which capture
and steal the customer’s payment card information. Although the Department of Agriculture and
Consumer Services does require some security measures to prevent fuel pump tampering, they have
proven insufficient. Additional protections are recommended to secure fuel pumps and protect our
residents and visitors from the theft of their personal financial information.
The proposed ordinance gives several options on the type of security device that can be used, from simple
locks to sophisticated encryption software. It also allows for advances in technology and alternative
methods of protection for our consumers. Many newer stations will have pumps that include technology
and devices that meet the requirements of this proposed ordinance. Other stations will be required to
install devices. As this will take time, it is proposed that this ordinance will become effective on January
1, 2019.
FISCAL IMPACT: Estimated cost of advertising is $350. If enacted the ordinance would have
minimal costs to retail gas stations.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To direct the County Attorney to advertise and bring back for public hearing an
ordinance establishing security measures for retail gas stations to help prevent the use of credit card
skimmers.
Prepared by: Burt L. Saunders, Commissioner District 3
ATTACHMENT(S)
1. Fuel Pump Security Ordinance - draft erp edits (DOC)
10.B
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10/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.B
Doc ID: 7052
Item Summary: Recommendation to direct the County Attorney to advertise and bring back for
public hearing an ordinance establishing security measures for retail gas stations to help prevent the use of
credit card skimmers. (Commissioner Saunders)
Meeting Date: 10/23/2018
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
10/15/2018 1:35 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
10/15/2018 1:35 PM
Approved By:
Review:
County Attorney's Office MaryJo Brock CAO Preview Skipped 10/15/2018 1:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/15/2018 2:24 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/15/2018 2:37 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/15/2018 2:47 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/15/2018 4:29 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM
10.B
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ORDINANCE NO. 2018 -_____
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ESTABLISHING FUEL PUMP SECURITY MEASURES
REQUIREMENTS FOR OWNERS AND OPERATORS OF
RETAIL FUEL PUMPS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 125, Florida Statutes, the Board of County Commissioners may
adopt ordinances and resolutions necessary to preserve the health, safety a nd welfare of the residents of
Collier County, except where prohibited by law; and
WHEREAS, the use of credit card skimmers at gas stations in Collier County is a growing
concern; and
WHEREAS, credit card skimmers are devices that thieves install on gas pumps, which accept
payment via a credit or debit card, to illegally capture and steal the customer’s credit or debit card
information; and
WHEREAS, the Board finds that the security measures required by this Ordinance will help
protect consumers purchasing fuel in Collier County by restricting the unauthorized access of customer
payment card information at fuel pumps; and
WHEREAS, the Board hereby finds that this Ordinance is in the best interest of the public
health, safety, and welfare of consumers and residents of Collier County.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section One: Title
This Ordinance shall be known and cited as “The Collier County Fuel Pump Security Ordinance.”
Section Two: Definitions
The following words, terms, and phrases, when used in this Ordinance, shall have the meanings
set forth herein:
“Fuel Pump" shall mean a machine or device used to dispense petroleum fuel for sale to the
public at retail.
“Payment Card” shall have the same meaning as defined in §817.625, Florida Statutes, as may
hereafter be amended.
10.B.1
Packet Pg. 288 Attachment: Fuel Pump Security Ordinance - draft erp edits (7052 : Commissioner Saunders Retail Gas Stations)
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“Owner” shall mean the record title owner of the property on which a Fuel Pump is located.
“Operator” shall mean the person or legal entity which leases, manages, or operates a Fuel
Pump.
“Scanning Device” shall have the same meaning as defined in §817.625, Florida Statutes, as may
hereafter be amended.
Section Three: Fuel Pump Security Requirements
A. Each Fuel Pump which contains a Scanning Device in Collier County shall have affixed
to or installed on the exterior of any Fuel Pump a visible Fuel Pump lock, which requires an access key
unique to each facilities’ location, to restrict the unauthorized access of consumer Payment Card
information. The access key shall be maintained at the facility at all times.
B. As an alternative to the foregoing security measure, one or more of the following security
measures may be implemented:
1. A device or anti-breach system that will render the Fuel Pump, or the Scanning
Device in the Fuel Pump, inoperable if the Fuel Pump is accessed without proper security code
entry; or
2. A device or system that encrypts the customer Payment Card information in the
Scanning Device.
The Owner or Operator of any Fuel Pump that chooses to install an alternative security measure
pursuant to this section shall demonstrate compliance with this section of the Code to a County Code
Enforcement Officer or other law enforcement officer upon request.
C. Fuel Pumps that have been found in compliance with this section by the County may be
appropriately marked by the County for identification purposes.
D. A security measure affixed or installed on a Fuel Pump pursuant to subsections (A) or
(B) shall be maintained by the Owner or Operator in good working condition at all times.
Section Four: Penalty for Violations.
Violation of any provision of this Ordinance shall be treated in the same manner as a
misdemeanor of the second degree punishable by a fine not exceeding $500.00 or by imprisonment not to
exceed 60 days, or by both such fine and imprisonment. All violations of this Ordinance may be
processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04,
as amended) and per provisions of Chapter 162, pts. I or II, Florida Statutes, as may be applicable. A law
enforcement official or code enforcement officer is specifically authorized to issue a citation for each
violation of this Ordinance.
10.B.1
Packet Pg. 289 Attachment: Fuel Pump Security Ordinance - draft erp edits (7052 : Commissioner Saunders Retail Gas Stations)
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Section Five: 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 court of competent jurisdiction holds any phrase or
portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a 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 the 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 as of January 1, 2019.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ______ day of ________________, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Interim Clerk COLLIER COUNTY, FLORIDA
By: _____________________________ By:____________________________
, Deputy Clerk Andy Solis, Chairman
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
10.B.1
Packet Pg. 290 Attachment: Fuel Pump Security Ordinance - draft erp edits (7052 : Commissioner Saunders Retail Gas Stations)