Agenda 03/24/2009 Item #17B
;\g.:mda Item No. i 1'8
March 24, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of Connty Commissioners adopts an Ordinance amending
Ordinance No. 2007-74, the Collier County Convenience Business Security Ordinance, in
order to include the provisions of Florida Administrative Rule 2A-5.005, Minimum Safety
Standards for Convenience Businesses.
OBJECTIVE: That the Board of County Commissioners ("Board") adopts the attached
Ordinance amending Ordinance No. 2007-74, the Collier County Convenience Business Security
Ordinance, as codified in Chaptcr 26, Alticle VI, of the Collicr County Code of Laws and
Ordinances.
CONSIDERA nONS: On November 27, 2007, the Board adopted Ordinance No. 2007-74, the
Collier County Convenicnce Business Security Ordinance. The Ordinance authorizes Sheriffs
Office personnel to locally enforce the provisions of Florida's "Convenience Business Security
Act," which requires specified security measurcs regarding convenience store businesses and
required training of comenience store rctail employees. Similar ordinances have been adopted
in many Florida counties and municipal it ies.
,-
The Sheriff's Office has requested that the Board amend Ordinance No. 2007-74 in order to
inelude the provisions of Florida Administrative Rule 2A.-5.()()5, Minimum Safety Standards for
Convenience Businesses. At its March 10, 2009 Regular Meeting (Item 16K 1), the Board
authorized staff to procecd with adveltising the proposed ordinance for future consideration and
adoption.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IlVIPACT; None.
LEGAL CONSIDERATIONS; The proposecl Ordinance \Vas drafted by the County Attorney,
was duly adveliised, and is legally sufficient for Board action. The proposed amendments were
also approved by the Sheriff's legal staff. This is a non-quasi judicial rnaMer requiring simple
majority vote. JAK
RECOMMENDA TION: That the Board of County L'omm'SSlOners adopts the attached
Ordinance amending Ordinancc No. 2007-74, the Collier County Convcnience Business Security
Ordinance, in order to include the provisions of Florida Administrative Rule 2A-5.005,
Minimum Safety Standards for Convenience Businesses.
PREPARED BY; Jeffrey A. Klatzkow, County Attorney, on bchalfof
Commander Mike Williams. Collier Counly Sheriffs Oftiee
-
Page 1 of I
,;\'.g8noa Item 1\.10. 178
f'v1arch 24, 2009
Pag" 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
178
Recommendation that the Board of County Commissioners adopts an Ordinance amending
Ordinance No. 2007-74. the Collier County Convenience Business Security Ordinance, in
order to include the provisions of Florida Administrative Rule 2A-5.005 Minimum Safety
Standards for Convenience Businesses.
Meeting Date:
3/24/2009 900.00 AM
Preparcd By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3f12!2009 9:12:51 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3112/2009 1 :20 PM
Approved By
OM8 Coordinztor
OMS Coordinator
Date
County Manager's Office
Office of Management & 8udg~t
3/"13:2009 9:'ii AM
Approved By
Mark Isackson
Budget Ar.i'd}st
D5tC
Cour.ty Man3gnr's Office
O?fk0 of r{;0naseme~1 & SUC1g0t
3113.'2009 5:2.0 PM
Approved By
James 'J. Mudd
C;:lunty Mall<ider
Date
Board of CO'..mty
Commr'ssioners
C:)U~lty Manager's Office
31'i 7/20098;54 AM
Ilsrn No. 1/ B
f' '1arch 24 2009
Page 3 of 3
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2007-74, THE COLLIER
COUNTY CONVENIENCE BUSINESS SECURITY
ORDINANCE, BY AMENDING SECTION THREE,
CONVENIENCE BUSINESS SECURITY REQUIREMENTS, TO
INCLUDE THE MINIMUM SAFETY STANDARDS FOR
CONVENIENCE BUSINESSES SET FORTH IN FLORIDA
ADMINISTRATIVE RULE 2A-5.005; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, on November 27, 2007, the Board of County Commissioners adopted
Ordinance ?\To. 2007-74, the Collier County Convenience Business Security Ordinance; and
WHEREAS, in keeping with a request by the Collier County Sheriffs Office, the Board
of County Commissioners desires to amend Ordinance No. 2007-74 by amending Section Three,
Conveniencc Business Security Requirements, to include the provisions set forth in Florida
Administrative Rule 2A-5.005, Minimum Safety Standards for Convenience Businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE,
AMENDMENT TO SECTION THREE OF COLLIER COUNTY
ORDINANCE NO. 2007-74.
Section Thrce is hereby amended to include the provisions set forth in Florida
Administrative Rule 2A-5.005, Minimum Safety Standards for Convcniencc Busincsses, as
follows;
SECTION THREE; Convenience Business Security Requirements.
(1) Each convenience business shall be equipped with the following securitv devices and
standards;
(a) A sccuritv camera svstem capable of recording and retrieving a recognizable and
identifiable image of an offender to assist individuals involved in an invcstigation,
in a fonnat that can be enlar2cd and rcproduccd for distribution by law
enforcement agencies. If _Qne camera is not sufficient, additional ca.rncras ll1USt be
Page 1 of6
\Vords ]d11derlineg are added; \Vords 5tru-t-k-~ are deleted.
/~,C'enda Item !\lo. 17B
~ r\~arch 24, 2009
Page 4 of 8
installed to capture the image of an offcndcr at all register locations in use. The
camera svstem shall be;
(i) Positioned to provide photographic coverage of all registers in use and to
minimize tampering by customers or offenders;
(ii) Maintained on a routine basis to ensure that the camera svstem is working
proper]v at all times:
(iii) Capable of continuous operation or activation by a remote triggering
device such as a concealed button or bill trap alarm: and
(iv) Verification that the camera system is in proper working order in
accordance with the standards Iistcd above shall be maintained on the
premises in the form of tcst photographs produced annuallv. The svstem
shall be maintenanced no lcss than once every four months, documented
on a maintenance log kept on the premises.
(b) A drop safe or cash managemcnt device bolted to the floor. installed in the floor
or counter, or which weighs at least five hundred pounds. and prevents the retail
cmplovee from accessing surplus cash receipts.
(i) Drop safes or cash management devices must be installed and maintaincd
as specified bv thc manufacturer.
(ii) Drop safes or cash management devices must offer protection against
forced entry, while providing a means for depositing currencv. checks,
coins and the like. contained in bags or envelopes, or directlv deposited
into the body ofthe safe.
(c) A lighted parking lot illuminated at an intensitv of at least 2 foot-candles per
square foot at 18 inches above the surface.
r d) A conspicuous notice at the entrance which states that the cash register contains
$50 or less.
(e) Window signage and window tinting must allow for a elear unobstructed view of
the cash re>;<:ister and sales transaction area from inside or outside of the building
and in a normal line of sight. The degree of window tinting shall allow for
phvsica] identification of all individuals in the sales transaction area from outside
the building and in a normal line of sight at al] times.
Page 2 0[6
Words underlined are added; Words s!rusk thretigh are deleted.
::o,:1'C:,'llda lism r~o. 17 B
.' rv~arch 24. 2009
Page 5 of a
(/) Conspicuous height markers with digits at least one inch III sIze at the inside
entrance of the convenience business.
(g) A written cash management policv that is kept on site, limits the cash on hand at
all times after 11 p.m. and before 5 a.m" and provides for:
(i) guidelines for deposits to be made on a regular basis. but at variable
intervals to minimize offender activitv resulting from scheduled deposits
or procedures for deposits picked UP by an armored car service: and
(ii) an encouragement to drop cash in excess of $50 per register in the safe at
all times after II p.m. and before 5 a.m.
(h) Unless an exemption is granted bv the Office of the Attomev Genera] under
Section 812.173(3), F.S., a silent alarm which activates a signal to a law
enforcement or a private securitv agencv is required. Silent alarms shall have a
primarv and secondary power source. Silent alanns must be installed bv a
contractor licensed bv tbe Florida Electrical Contractors' Licensing Board
pursuant to the provisions of Chapter 489, F.S. Silent alarms shall be
maintenanced regularlv in accordance with the manufacturer's specifications and
in propcr working order at all times the business is open.
(i) If a murder. robberv. sexual batterv, aggravated assault. aggravated batterv,
kidnapping or false imprisonment has occulTcd at a convenience business. the
business must meet additional requirements under Section 812.173(4), F.S.
(1) Every convenience busincss shall be eqllipped with the following security devices and
sffiREl-af4r.
A securit). camera system ca]3ab]e of recording and retrieving an image to assist in
offender identification and lIflprehension.
(8) ;\ aro]3 safc or cash managemeAl aeyice for restricted access to cash receipts.
(c) :\ lighted parking lot illuminated at an intensity of at least two (2) foot cam]les
(,,)
..
per sqllare f{)ot at eighteen (I S) inches above the surface.
(el) A conspicuous notice at the entrance that states the cash register centains fifty
dollars ($50) or less.
(e) Winaoy,' signar;e that allews a clear, lll10bstrncted '.'iew from outside tRe bllildinr;,
including a clear line of sight OftRC casR register and tHe sales transaction area.
Page 3 0[6
\-Vords lJ.n~rlin~ are added; \Vords strucl: tnreHg-R arc deleted.
:C'gen:;a Item No. 178
March 24, 2009
Page 6 of 8
(I) Height markers at tl~e enlrarlce of the conveflieaee BliGiness that display height
measurements of individHals wlla enter tile iRterier throH[;h the efltflillee.
([;) A cash management policy 10 limit the caSH on Harld at all times after II :00 p.m.
(2) "\ eonvenienee ]msiaess shall Net Have window tinting that reduces e1:terior or interior
view in a normal line of sight.
(3) Every eonvenieaee Bllsiness shall be eqliippeEl with a silent alarm to lay,' onforeGffient or a
]3rivate seemity a;eF18Y, unless aj3j'llieatioa for lID. e)[emptioa is made to and granted by Florida's
Attorney Geaeral. "\R apj'llieatioN for eJleHlj'ltion mllst be ia writiag aHd mllst be aeeempaFIied by
an adn~inistra:ive fce of t','lenty five dollars (11:25) for eaeh store for '.vHiell the OJteml"tion would
awIT-
(4) If a murder, roOOery, sOJma] battery, a[;bfavated assault, a[;[;ravated battery, kidHapping
or false imprisonment, as tHose erimes are thc identified lmd then defiaed BY Florida Statutes,
occurs or l~aG oceurred at a convenience E>tlsiaess after hlly 1, 1939, and arises Olit of tile
operation of the e01weRience lmsiaess, slieh convenience business shall implement at least one
(I) of the following eJrtra security measures:
(a) Provide at least t'se (2) cmpleyees on t],e j'lremises at all times after 11 :00 l".I11.
aRd Hnti15:00 a.m.;
(b) Install fur use by employees at all times after 1/;00 p.m. aHd until 5:00 a.m., a
seemed safety enclosure of tnmsparent polycarbonate or other material that meets
at least ORe (I) of the followiHf,; miNimum standards:
(i) "\merican. Society for Testing aNd Materials Standard D3935
(clas3ificatioR PCIIO B 3 0800700), has a thiekaess of at least 0.375
inches, and Ilas an impact streAgth of at least two hundred (200) foot
pounds; or
(ii) URderwriters Laboratory Standard CL 752 f-(Jr medilim pewer small anns
(leyel one) BHllet Resisting Eqliipment;
(c) Pro':ide a seeurity guard on the premises at all times after 11:00 p.m. and until
5:00 a.m.;
(d) Loel~ tl1e business premises threHghout the I1surs from 114)0 p.m. until 5 :00 a.m.,
and tnlHsaet lmsiRess only through an ifldireet pass througl1 treugh, traj3door, or
window; or
Page 4 of6
Wards underlined are added; Words strud~ tm-ough are deleted,
i1em !'Jo. ': 78
f'A;:~I"ch 24, 2009
Pa'J870f3
(e) Close the business at all times after 11;00 p.m. and until 5;00 a.m.
(5) For plifjloses oftllis Section, any eonvenience ba5iness tliat by law has tllen implemented
aflY of tlle e][tra seearity meaSHfes set forth in paragrapHs (1)(a) (e), above, and Has maintained
SlJ8H e][tra meaSHfes witHsat any seearrenee or incidence of any of the erimes identified by
Sabsection (1), above, for a period of at least t','ienty foar (21) montHs immediately pfCceding the
filing of a notiee of ellcnlptiofl, may file '.vitl1. a CBI employod by tHe CCSO, a flotieo of
oJ[emption from tHe e:(tr-a security measlIres. In no eycnt shall tHis eJ(emption b2 inteIflreted to
preclade fall sOffiJ"lianse with tlle sesarity measures set forth in Subseetion (1), above, sHollld
any oeearreflee or inoidence of any crimes identified by Subsection (1), above, eallse tl1.at
Subseetiofl to again become ajlplicablc.
tet-ill For the mutual convenience of the business and each investigating officer, each
convenience business is encouraged to maintain and have readily available in the transaction area
a red three ring binder ("Red Book") to inelude the following items;
(a) Inspection Log, maintained for the immediate past two (2) ycars' inspections,
including the inspection results;
(b) A copy of the business' then current local Business Tax Receipt (formerly called
an Occupational License);
(c) An annual test photograph takcn by the security camera system and that shows an
identifiable image (to assist in offender identification and apprehension);
(d) A Maintenance Log of the security camera system that verifies the maintenance
performed not Jess than once every four (4) consecutive months. Upon request,
the CCSO will provide the requestor an example Camera Test and Maintenance
Log;
(e) The convenience business' written cash management policy that limits cash on
hand at all times from II ;00 p.m. until 5;00 a.m. Upon request, the CCSO will
provide the requestor a copy of the CCSO's example Cash Management Policy;
(t) Documented proof that confirms the training (specified below) has been provided
to and learned by each rctai] employee within sixty (60) days of the initial
employment of each such retail employee, including date(s) of such training for
each such employee; and
~
I
Page 5 of 6
Words underlined are added; Words S-tfHcl~ thm:l;h are deleted.
L
Item :~o, 'i 78
March 24. 2009
Page 8 of S
(g) A copy of the then current Florida's Convenience Business Security Act
(currently Sections 812.] 701 through 8]2.176, Flor/da Statutes).
SECTION TWO: INCLUSION IN THE CODE OF LA WS AND ORDINANCE
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 \vord.
SECTION THREE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, tbe 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 FOUR: 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 ,2009.
ATTEST;
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By;
, Deputy Clerk
By;
DONNA FIALA, CHAIRMAN
Appr ved as to form
and] ga f ci ency:
mey
I
~
Jeffre
Coun
Page 60f6
Words underlined are added; Words s-tfUek-througfi are deleted,