Backup Documents 03/24/2009 Item #17B
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(!)171Ir"
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Deptl Div: County Attorney Person:
Jeffrey A. Klatzkow, County Attorney Date: March 11,2009
Petition No. ([fnone, give brief description):
None
Petitioner: (Name & Address): N/A
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.) March 24, 2009 (NOTICE TO RUN NO
LATER THAN FRIDAY, March 13,2009)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
o Other
XXX Legally Required
Proposed Text: (Include legal description & common location & Size:
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 FOR AN EFFECTIVE DATE.
Companion petition( s), if any & proposed hearing date: N/ A
Does titi Fee include advertising cost" 0 Yes XXX No [fYes, what account should be charged for advertising costs:
P.O. 73850
Revie e
Divisio
trator or Designee
~
Date
List Atta hm ts:
Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee 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:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USEJlN~. Y:
Date Received: :::1UJD1 ..... Date of Public hearing: ~Ll.ctL Date Advertised:
31\~1D1
08-SHF-00071113
17811
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 FOR AN EFFECTIVE DATE.
WHEREAS, on November 27, 2007, the Board of County Commissioners adopted
Ordinance No. 2007-74, the Collier County Convenience Business Security Ordinance; and
WHEREAS, in keeping with a request by thc Collier County Sheriffs Office, the Board
of County Commissioners desires to amend Ordinance No. 2007-74 by amending Section Three,
Convenience Business Security Requirements, to include the provisions set forth in Florida
Administrative Rule 2A-5.005, Minimum Safety Standards for Convcnience 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 Three is hereby amended to include the prOVISIons set forth in Florida
Administrative Rule 2A-5.005, Minimum Safety Standards for Convenience Businesses, as
follows:
SECTION THREE: Convenience Business Security Requirements.
(1 ) Each convenience business shall be equipped with the following securitv devices and
standards:
(a) A securitv camera svstem capable of recording and retrieving a recognizable and
identifiable image of an offender to assist individuals involved in an investigation,
in a format that can be enlarged and reproduced for distribution bv law
enforcement agencies. If one camera is not sufficient, additional cameras must be
Page I of6
Words underlined are added; Words :;tlliel~ through are deleted.
178
installed to capture the image of an offender at all register locations in use. The
camera system 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 system is working:
properly at all limes:
(iii) Capable of continuous operation or activation by a remote triggering
device such as a concealed button or bill trap alaml: and
(iv) Verification that the camera system is in proper working order in
accordance with the standards listed above shall be maintained on the
premises in the form of test photographs produced annually. The system
shall be maintenanced no less than once every four months, documented
on a maintenance log kept on the premises.
(b) A drop safe or cash management device bolted to the floor, installed in the floor
or counter, or which wei ghs at least five hundred pounds, and prevents the retail
employee from accessing surplus cash receipts.
(i) Drop safes or cash management deviccs must be installed and maintained
as specified by the manufacturcr.
(ii) Drop safes or cash management devices must offer protection against
forced entry, while providing a means for depositing currency. checks,
coins and the like, contained in bags or envelopes, or directly deposited
into the body of the safe.
(c) A lighted parking lot illuminated at an intensity of at least 2 foot-candles per
square foot at 18 inches above the surface.
(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 clear unobstructed view of
the cash register 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
physical identification of all individuals in the sales transaction area from outside
the building and in a normal line of sight at all times.
Page 2 of6
Words underlined are added; Words strucL through are deleted.
17 B '~I
If) Conspicuous height markers with digits at least one inch in SIze at the inside
entrance of the convenience business.
(g) A written cash management policy that is kept on site, limits the cash on hand at
all times after II p.m. and before 5 a.m., and providcs for:
(i) guidelines for deposits to be made on a regular basis, but at variable
intervals to minimize offender activity resulting from scheduled deposits
or procedures for deposits picked UP by an armored car service; and
(ii) an encouragcment to drop cash in excess of $50 per register in the safe at
all times after 11 p.m. and before 5 a.m.
(h) Unless an exemption is granted by the Office of the Attorney General under
Section 812.173(3), F.S.. a silent alarm which activates a signal to a law
enforcement or a private security agency is required. Silent alarms shall have a
primary and secondary power source. Silent alarms must be installed by a
contractor licensed by the Florida Electrical Contractors' Licensing Board
pursuant to the provisions of Chapter 489, F.S. Silent alarms shall be
maintenanced regularly in accordance with the manufacturer's specifications and
in proper working order at all times the business is open.
(i) If a murder, robbery, sexual battery, aggravated assault, aggravated battery,
kidnapping or false imprisonment has occurred at a convenience business, the
business must mcet additional requirements under Section 812.173(4), F.S.
(I) Evcry convenience business shall be equipped "vitA the folloy.'ing security devices and
standards:
(a) }, security camera system capable ofrecordil'lg and retrie'/ing aFl image to assist in
offender identification al'ld apprehensiol'l.
(b) A drop safe or cash mal'lagement device for restricted access to cash receipts.
(c) .^. lighted parking lot illuminated at an intensity of at leaat tv,'o (2) foot candles
per square foot at eighteen (IE) il'lches above the surface.
(d) .^. conspicuous notice at the el'ltrance that states the cash register contains fifty
dollars ($50) or less.
(e) Window signage that allO'.."s a dear, unobstructed '/ie'll from outside the buildil'lg,
il'leludil'lg a clear line of sight of the cash register and the sales traFlsaction area.
Page 3 0[6
Words underlined are added; Words struck through are de leted.
17B~M?:
"'i ~L:J I
(f) Height markers at the efltrance of the cOR'/enience hasifless that display height
measmements of individuals who enter the interior through the entraRce.
(g) A cash managemeflt policy to limit the cash on hand at all times after II :00 p.m.
(2) A convenience business shall FlOt have window tinting that reduces eJ(terior or iRterior
view in a normalliFle of sight.
(3) Every convenience IlHsiness shall be equipped with a sileFlt alarm to lay,' enforeement or a
private sewrity agency, unless application f{)r an exemption is made to and graFlted by florida's
Attorney General. !.n applicatioFl for exemptiofl must be in writiRg and must be accompanied by
an administrative fee of t'NeRty fi'/e dollars ($25) for each store for which the exemption 'Nould
awtT
(1) If a murder, robbery, seJmal battery, aggravated assault, aggrayated battery, kidnappiFlg
or false imprisonment, as those crimes are the ideFltified and theR defined by Florida Statutes,
occurs or has occurred at a conyeflieRCe business after July 1, 1989, aad arises Otit of the
operation of the conveRience business, StiCH convenieflse business shall implemeRt at least one
(I) of tHe following m(tra security measmes:
(a) Provide at least two (2) employees on the premises at all times after 11 :00 p.m.
and until 5:00 a.m.;
(b) IFlstall for use by employees at all times after 11:00 p.m. aFld HFltil 5:00 a.m., a
secured safety enclosme oftranspareflt polycarboFlate or other material that meets
at least one (1) of the followiRg minimum staRdards:
(i) .^.merican Society for TestiFlg and Materials Standard D3935
(dassification pellO B 3 0800700), has a thickness of at least 0.375
iFlshes, aRd has an impact strengtH of at least tv.o HHFldred (200) foot
pounds; or
(ii) Underwriters Laboratory Standard UL 752 for medium power small anns
(level one) Bullet Resisting Equipment;
(s) Provide a security guard OR the premises at all times after 11 :00 p.m. and Hfltil
5:00 a.m.;
(d) Lock the business premises throughotit the homs from II :00 p.m. tifltil 5:00 a.m.,
and transact btisiRess only through an indirect pass tm-otigh trough, trapdoor, or
window; or
Page 4 of6
Words .lJnd~rlined are added; Words struck throu;h are deleted.
17 sJI
(e) Close the EmsiRess at all times after 11 :00 p.m. and until 5 :00 a.m.
(5) For purposes of this Section, an)' eon',"enience business that b)' la's has theR implemeRted
any of the extra seeurity measures set forth in parat;raphs (1)(a) (e), abo'ie, and has maintained
such extra measures without aR)' occurrence or incidence of aR)' of the erimes identified by
Subsection (1), above, for a period of at least tweRt)' four (21) montHs immediately preeediRg the
filing of a notice of exemptioR, may file with a CBI employed b)' the CCSO, a notiee of
exemption from the extra seeurit)' measures. IR RO e'ient shall this mcemptioR be iRterpreted to
preclude full complianee witH the security meaSHres set forth iR Subsection (1), above, shollld
any occurrence or ineideRee of any crimes identified by SHbsection (1), above, eause that
Subsection to again become aj3plieable.
f6t-ill For the mutual convenience 0f 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 include the following items:
(a) Inspection Log, maintained for the immediate past two (2) years' 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 taken 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 less 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 11 :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;
(f) Documented proof that wnfirms the training (specified bel0w) has been provided
to and learned by each retail 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
Page 5 01'6
Words underlined are added; Words s-tRtBk.-fht:e.Hg-fl are deleted.
178'
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(g) A copy of the then current Florida's Convenience Business Security Act
(currently Sections 812. I 701 through 812.176, Florida Statutes).
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE
The provisions of this Ordinance shall becomc and bc 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 THREE: 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 FOUR: EFFECTIVE DATE
This Ordinance shall be effectivc 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
J effre
Coun
Page 6 of6
Words underlined are added; Words stfH.€.k.-throu.;h are deleted.
17BI1'kl
March 11, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
RE: Ordinance Amending Collier County Ordinance No. 2007-74
Dear Legals:
Please advertise the above referenced notice on Friday, March 13, 2009, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #73850 (Sheriff's Department)
178
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NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, March 24, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami 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, 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 CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
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 Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.
.17 8'','"~fI
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
Ann P. Jennejohn
17 B I~'
To:
Subject:
Pagan, Emely
Amending Collier County Ordinance 2007-74
Attachments:
Amending Ordinance 2007-74.doc; AMEND ORD 2007-74.doc
Hi Emely,
Please advertise the attached on Friday, March 13, 2009.
This ad is for the Sheriff's Office which has their own Finance Department.
The P.O. # is what was submitted.
Please let me know if there is a problem with this billing.
~
Would you like me to (also) e-mail this to "legals"?
Amending
Jinance 2007-74.do,
Thanks so much for your help,
Ann Jennejohn
Clerk to the Board
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.j ennej ohn@collierclerk.com
1
~
AMEND ORD
W07-74.doc (28 KB:
178..
Ann P. Jennejohn
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Wednesday, March 11,2009 10:58 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT67579.txt; Amending Collier County Ordinance 2007-74
r':1
~
f~.-.771
L..::-J
ATT67579.txt (222 Amending Collier
B) County Ordina...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested delivery status
notifications may not be generated by the destination.
EPagan@Naplesnews.com
17 B~'
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, March 11,2009 11 :31 AM
Ann P. Jennejohn
RE: Amending Collier County Ordinance 2007-74
OK
From:
Sent:
To:
Subject:
Ann P. Jennejohn [mailto:AnnJenneiohn(Qlcollierclerk.com]
Wednesday, March 11, 2009 10:58 AM
Pagan, Emely
Amending Collier County Ordinance 2007-74
Hi Emely,
Please advertise the attached on Friday, March 13, 2009.
This ad is for the Sheriff's Office which has their own Finance Department.
The P.O. # is what was submitted.
Please let me know if there is a problem with this billing.
Would you like me to (also) e-mail this to "legal's"?
AMEND ORD 2007-74.doc>>
<<File: Amending Ordinance 2007-74.doc>> <<File:
Thanks so much for your help,
Ann Jennejohn
Clerk to the Board
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.j ennej ohn@collierclerk.com
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released In
response to a public records request, do not send electronic mail to this entity Instead, contact this office by
telephone or In writing.
1
17 B ~..
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, March 11,20094:38 PM
Ann P. Jennejohn
Ad Confirmation
Attachments:
UAS8C1.jpg
!2l
UAS8C1.jpg (83 KB)
Thank you far placing your ad.
Date 03/11/09
Publication NDN
Account Number 011564
Ad Number 1785264
Total Ad Cost $416.18
E me Iy Pagan
213-6061
1
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, March 24,
20091 in the Boardroom, 3rcl Floor, Administration
Builoing, Collier County Government Center, 3301
East Tamiarni Trail, Naples. Florida, the Board of
County Commissioners will consider the enactment
of a county Ordinance. TIle meeting will com-
mence at 9:00 A.M. The title of the proposed Ordi-
nance is a.<; follows:
,
17B
AN ORmNANCE OF THE BOARD OF COUNTY COM-
MISSIONERS OF COLLIER COUNTY, flORIDA,
AMENDING ORDINANCE NO. .2007-74. THE COLLIER
COUNTY CONVENIENCE BUSINESS SECURITY ORDI-
NANCE. BY AMENDING SECTION THREE. CONVEN-
IENCE BUSINESS SECURITY REQUIREMENTS, TO IN-
CLUDE THE MINIMUM SAFETY STANDARDS FOR
CONVENIENCE BUSINESSES SET FORTH IN FLORIDA
ADMINISTRATIVE RULE 2A-5.005; PROVIDING FOR IN-
CLUSION IN CODE OF LAWS AND ORDINANCES; PRO
VIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with
the Clerk to the Board and are available for inspec-
tion. All interested parties are inv'rted 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 ad-
dressed. Individual speakers will be limited to 3
minutes on any !tern. The select10n of an individual
to speak on behalf of an organization or group 'IS
encouraged. If recognized by the Chalr'man. a
spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishin9 to I,ave written or graphic ma.
terials included 10 the Board agenda packets must
submit said material a minimum of 3 weeks prior to
the respective public I,earing. 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 hear-
ing. All material used in presentations before the
Board willl:>ecome a permanent part of the record.
Any person who decides to appeal a decision of
the Board will need a record of the procoodings
pertaining thereto and therefore, may need to en-
sure that a verbatim record of the proceedings is
made. which record Includes the testimony and
evidence upon whid, the appeal is based.
If )IOU are a person with a disability who needs
any accommodat1on 'In order to participate In this
prOCeeding~ you are entitled, at no cost to you, to
the proviSion of certain assi!>"tance. Please contact
the Collier county Facilities Managerner1t Depart-
ment. locateq at 3301 Tamiarni Trail East, BUilding
W, Naples, Florida 34112, (239) 252-8380. Assisted
listening deVICes forthe hearing imgaired are avail-
able in the County Commissioners' ffice.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, flORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
~~~~~11~ennejOhn, Deputy Clerk No. 1785264
NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is.
Naples Daily News C... Page I of2
17B
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NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is.
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NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday March 24 2009 in the Boardroom 3rd Floor Administration
Building Collier County Government Center 3301 East Tamiami 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
AMENDING ORDINANCE NO, 20D7~74 THE COLLIER COUNTY CONVENIENCE BUSINESS SECURITY
ORDINANCE BY AMENDING SECTlON THREE CONVENIENCE BUSINESS SECURITY REQUIREMENTS
TO INCLUDE THE MINIMUM SAFETY STANDARDS FOR CONVENIENCE BUSINESSES SET FORTH IN
FLORIDA ADMINISTRATIVE RULE 2A-S,DOS; PROVIDING FOR INCWSlON IN CODE OF LAWS AND
ORDINANCES; PROVlDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE
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 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 verbati m 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 3301 Tamiami Trail East 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 FLORlDA
DONNA FIALA CHAIRMAN
DWIGHT E, BROCK CLERK
By:Ann Jennejohn Deputy Clerk
March 13 No. 1785264
Scripps Interactive Newspapers Group
(Q 2009 The E.W. Scripps Co.
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3/13/2009
11-8
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
was published in said newspaper
on March 13,2009
time in the issue
Before the undersigned they serve as the authority, personally
appeared Chris Dovle, who on oath says that he
serves as the President and Publisher of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, FlOrida, for a period of I
year next preceding the lirst publication of the attached copy of
advertisement: and atllant further says that he has neither paid nor
promised any person, finn or corporation any discount, rebate,
commission or reful1dTor-dle purpose of securing this advertisement liJr
publication in the said newspaper. . .v. '
(~ /'~. _/) ."
( Signature of affiant)
Sworn to and subscribed before me
This I 2th day of May, 2009
C~_\ '\G. '\ II ~ C~ '\ \ c,,~ 'i. .o..R_C'~
(Signature of notary public)
;}::,~'\".~;~:~
- .-
-' . -
_<}I' . _
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\~;VOF' ~~~~~'~~
lilll.,11
SHr\NE:L A, MCDONALL
Commission DO 650475
Expires June 29, 2011
Bcnde,j Tt,ru Troy F~in 1J1:OOlJrFlnCe 80i}38~j.]019
178
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the (loan1 Office rhe completed routing slip and original
documents are to be f01'\'iurdcd to the f~oard Office only UftCI: the f~oard has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the
excention of the Chairman's sip-nature, draw a line thrOlIl!h toulirH!: lines #1 thrOlwh #4, conmlete tIle checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Officc Initials Date
(List in routinp- order)
1.
2.
3.
4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 3-25-09
5. Sue Filson, Executive Manager Board of County Conunissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. 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, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.'
Name of Primary Staff Jeffrey A Klatzkow Phone Number 252-8400
Contact
Agenda Date Item was 3-24-09 Agenda Item Number I7-B
Annroved bv the BCC
Type of Docmnent Ordinance (Convenience Store Security) Number of Original One
Attached 2ld'I-/2- Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes colunm or mark "N/A" in the Not Applicable column, whichever is
a TO riate,
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by a]1 parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final oe otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials aTe re uiTed.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Fi]son in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BeC's actions are nullified. Be aware of our deadlines~
The document was approved by the BCC on 3-24-09 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es. if a licablc.
JAK
Yes
(Initial
JAK
N/A(Not
A licable)
2.
JAK
3.
JAK
4.
JAK
5.
JAK
6.
I: Forms/ County Fonns/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 12(105, Revised 2.24.05
08-SHF-00071114
MEMORANDUM
Date:
April 3, 2009
To:
Jeff Klatzkow
County Attorney
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validate Ordinance 2009-12: Convenience Store Security
Enclosed please find one (1) copy of the Ordinance referenced
above (Agenda Item #17B) adopted by the Board of County
Commissioners on Tuesday, March 24, 2009.
The original document will be kept as part of the Board's permanent record in
the Minutes and Records Department.
If you have any questions, please call me at 252-841 1.
Thank you.
Enclosed (I)
178
MEMORANDUM
Date:
April 3, 2009
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinances: 2009-12 and 2009-14
Attached, for your records you will find one (1) copy of the documents
referenced above, adopted by the Board of County Commissioners on
Tuesday, March 24, 2009.
rfyou should have any questions, please call me at 252-841 1.
Thank you.
Attachments (4)
178
ORDINANCE NO. 2009- 1 2
178
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-S.00S; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 27, 2007, the Board of County Commissioners adopted
Ordinance No. 2007-74, the Collier County Convenience Business Security Ordinance; and
WHEREAS, in keeping with a requcst by thc Collicr County Sheriffs Office, the Board
of County Commissioners dcsires to amend Ordinance No. 2007-74 by amending Section Three,
Convenience Business Security Requircmcnts, to includc thc provisions set forth in Florida
Administrative Rulc 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 Three is hereby amended 10 include the provIsIons set forth in Florida
Administrative Rule 2A-5.005, Minimum Safety Standards for Convenience Businesses, as
follows:
SECTION THREE: Convenience Business Security Requirements.
(! ) Each convenience business shall be equipped with the following securitv devices and
standards:
(a) A securitv camera svstem capable of recording and retrieving a recognizable and
identifiable image of an offender to assist individuals involved in an investigation,
in a format that can be enlarged and reproduced for distribution bv law
enforcement agencies. If one camera is not sufficient, additional cameras must be
Page 1 of 6
Words J!.').derJiped are added; Words stTucl: through are deleted.
178
installed to capture the image of an offender at all register locations in use. The
camcra system shall be:
(i) Positioned to provide photographic coverage of all registers in use and to
minimize tampering by customers or offendcrs;
ni) Maintained on a routine basis to ensurc that the camera system is working
properly 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 thc standards listed above shall bc maintained on the
premises in the form of test photographs produced annuallv. The system
shall be maintenanccd no Icss than once evcry four months, documented
on a maintenance log kept on the premiscs.
(b) A drop safe or cash management device holted to the floor, installed in the floor
or counter. or which wcighs at least five hundrcd pounds, and prevents the retail
employee from accessing surplus cash receiPts.
(i) Drop safes or cash management devices must be installed and maintained
as specificd by thc manufacturcr.
(ii) Drop safes or cash managcmcnt dcviccs 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 of thc safc.
(c) A lighted parking lot illuminated at an intcnsity of at least 2 foot-candles per
square foot at 18 inches above the surface.
(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 clear unobstructed view of
the cash register 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
physical identification of all individuals in the sales transaction area from outside
the building and in a normal line of sight at all times.
Page 20f6
Words underlined are added; Words strHel~ throHE;h are deleted.
178
(f) Conspicuous height markers with digits at least one inch in sIze at the inside
entrance of the convenience business.
(g) A written cash management policy 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 activity 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 11 p.m. and before 5 a.m.
(h) Unless an exemption is granted by the Office of the Attorney General 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
primary and secondarv power source. Silcnt alarms must be installed by a
contractor licensed by the Florida Electrical Contractors' Licensing Board
pursuant to thc provisions of Chapter 489, F.S. Silent alarms shall be
maintenanced regularly in accordance with thc manufacturer's specifications and
in proper working order at all times the business is open.
(i) If a murder, robbcry, scxual battery, aggravated assault, aggravated battery,
kidnapping or falsc imprisonment has occurred at a convenience business, the
business must meet additional requirements under Section 8 I 2.173(4), F.S.
(I) Every convenieHee bHsiRess shall be eqHipped with the folloviins sewrity devices and
standards:
(a) A seemity eamera system eapable ofreeonliHg and retrieving an imase to assist in
offcnder identification and apprehension.
(b) ,^. drop safe or cash management deviee for restrieted aeeess to cash reeeipts.
(c) I. lishted parkins lot ilhlmiHated at afl iHteRsity of at least two (2) faot eandles
per sqHare foot at eishtecR (18) iHehes above the surfaee.
(d) Ie eOFlspinloHs Flotiee at the eFltraFlee that states the cash register eOFltaiHs fifty
dollars ($50) or less.
(e) VliHdow siSFlase that allows a elear, lffiaBstructed 'iiew from oHtside the BHilding,
iRelHdiFlg a elear line of sight of the eash resister and the sales traFlsactioH area.
Page 3 0[6
Words underlined are added; Words stmel: through are deleted.
178
(0 Height markers at the entrance of the cORvenience business that display height
measurements of ill(lividuals who enter the interior through the entrance.
(g) /\ cash management policy to limit the cash on hand at all times after 11 :00 p.m.
A cOA'ienience business shall not have windov. tinting that reduces exterior or interior
I' j
(2)
view in a normal line of sight.
(3) Every convenience business shall be equippod '.vith a silent alarm to law enfDrcement or a
private secmity ageAcy, unless Elj'Jplication f{)f an exemption is made to and granted by Florida's
Attorney General. An application for exemption must be in writing and must be accompanied by
an administrative fee of twenty 11','e dollars ($25) for each store for which the exemption would
awif
(1) If a murder, robbery, soxual battery, aggravated assault, aggravated battery, kidnElj'Jping
or false imprisonment, as those crimes are the identified and then defined by Florida Statutes,
occars or has occarred at a convenience business after July 1, 1989, and arises out of the
operation of the convenience business, such COR', enience business shall implement at least one
(I) of the follo'Ning eJ[tra security measures:
(a) Provide at least two (2) employees on the premises at all times after 11 :00 p.m.
and until 5:00 a.m.;
(b) hlStall for use by employees at all tin,es after 11:00 p.m. and until 5:00 a.m., a
seemed safety enclosure of tral15parent polycarbonate or other material that meets
at least ORe (1) of the following minimum standards:
(i) ,^,merican Society for Testing and Materials Standard D3935
(classificatioR pellO B 3 0800700), has a thickness of at least 0.375
inches, and has an impact strength of at least two h,mdred (200) foot
pounds; or
(ii) Undervaiters Laboratory Standard UL 752 for mediHm power small arms
(level one) Bullet Resisting Equipment;
(c) Provide a security t,'liard on the premises at all times after 11 :00 p.m. and Hntil
5:00 a.m.;
(d) Lock the business premises tflrOUghOHt the hours from 11:00 p.m. until 5:00 a.m.,
and transact bHsiness only through an indirect pass through trough, trElj'Jdoor, or
windo"",'; or
Page 4 of6
Words underlined are added; Words :'trud~ through are deleted.
178
(e) Close tHe busifless at all times after 11:00 p.m. and until 5:00 a.m.
(5) For purposes of tHis Section, any convenience business tHat by law Has tHeH implemented
aHY of the extra security measures set fortH iH paragraphs (1)( a) ( e), above, aHd Has maiHtaiHed
such eKtra measures without any occurreHce or incidence of any of the crimes identified by
Subsection (1), above, !Dr a period of at least twenty four (21) months immediately preceding the
filiHg of a Hotice of exemption, may file with a CEI employed by the CCSO, a notice of
c)lem]3tion from tHe extra security measures. In no event shall this exemption be interpreted to
preclude flill eom]3liaflce with the secHrity measures set forth in 8Hbsection (1), above, should
any OCCHrreflce or iflcideflce of aHY crimes idefltified by Subsection (1), above, cause that
Subsectiofl to again become applicable.
tt+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 include the following items:
(a) Inspection Log, maintained for the immediate past two (2) years' 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 tcst photograph taken 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 maintcnance
performed not less 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;
(I) Documented proof that confirms the training (specified below) has been provided
to and learned by each retail 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
Page 5 01'6
Words underlined are added; Words struck tAreHgfl are deleted.
178
(g) A copy of the then current Florida's Convenience Business Security Act
(currently Sections 812.1701 through 812.176, Florida Statutes).
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE
Thc provisions of this Ordinance shall bccomc and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections ofthe Ordinance may be renumbered or
rc-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriatc word.
SECTION THREE: CONFLICT AND SEVERABILITY
In the evcnt this Ordinancc conflicts with any other Ordinance of Collier County or other
applicable law. the morc restrictive shall apply. If any phrasc or portion of the Ordinance is held
invalid or unconstitutional by any court of compctcnt jurisdiction, such portion shall be deemed a
separate, distinct and indepcndent 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 thc Board of County Commissioners of Collier
County, Florida, this ~day of~O/~~",=----~, 2009.
A TTES.T:'.;,
"\!.,
DWIGltT.J:~. ~CK, CLERK
~'~~k
. '_, ,;'B,Ueputy Clerk
, Att~t. IS tc.(M~)i.~.t'W4n ,
,1:' ~a~P!lHprj\{
. '.'1'-' '..,
and 1 g ''f ciency:
BOARD OF COUNTY COMMISSIONERS
COLLIER,(lUNTY, FLORIDA
By: fu.~~ dA ~
DONNA FIALA, CHAIRMAN
Jeffre
Coun
Page 6 of6
Words underlined are added; Words struck through are deleted.
178
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 2009-12
Which was adopted by the Board of County Commissioners
on the 24th day of March, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of March, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
.._,''''.-}:''I
Ex-officio to B,a,ckd. '.b~e'o;. .
County Commissloners ....
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