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Backup Documents 07/13/2021 Item #17E `��.i.r.. 1 7 E COLLIER COUNTY FLORIDA ` .,+!;�!� r REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS '' To: Clerk to the Board: Please place the following as a: OI Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div: BCC Person: Wanda Rodriguez,ext. 8123 Date: June 18,2021 Petition No.(If none,give brief description): ordinance repealing Ord. 18-55,the Fuel Pump Security Ordinance 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.) July 13,2021 (ad to run no later than Wednesday,June 30,2021) Newspaper(s)to be used: (Complete only if important): ® 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, REPEALING ORDINANCE NO.2018-55,RELATING TO SECURITY MEASURES FOR OWNERS AND OPERATORS OF RETAIL FUEL PUMPS,WHICH IS CODIFIED IN CHAPTER 26,ARTICLE XIX OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES,IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 525.07(10)AND THE ADDITION OF 525.16(6),FLORIDA STATUTES,WHICH PREEMPTS THE REGULATION OF RETAIL PETROLEUM MEASURING DEVICES TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s),if any&proposed hearing date: n/a Does Pe ition Fee include advertising cost?❑Yes 0 No If Yes,what account should be charged for advertising costs: PO#4500209957 Review d G t Division mi tra or Designee Date I List Attachments 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 Clerk's Office for processing. 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 Minutes&Records. The Manager's office will distribute copies: ❑ County Manager agenda file: to El Requesting Division 0 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 ON /1;Y:4073Date Received:_ Date of Public hearing: 1 /3__ Date Advertised: 17E ORDINANCE NO. 2021- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, REPEALING ORDINANCE NO. 2018-55, RELATING TO SECURITY MEASURES FOR OWNERS AND OPERATORS OF RETAIL FUEL PUMPS, WHICH IS CODIFIED IN CHAPTER 26, ARTICLE XIX OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 525.07(10) AND THE ADDITION OF 525.16(6), FLORIDA STATUTES, WHICH PREEMPTS THE REGULATION OF RETAIL PETROLEUM MEASURING DEVICES TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the 2021 Legislative Session, the Florida Legislature adopted House Bill 430, amending Section 525.07(10) and adding Section 525.16(6), Florida Statutes, entitled "Powers and duties of department; inspections;unlawful acts"and"Administrative fine;penalties; prosecution of cases by state attorney" by expanding the Legislature's preemption in the field of regulation of retail petroleum measuring devices. The effective date of the legislation is July 1, 2021; and WHEREAS, through the action of the Florida Legislature, including the amendment to Section 525.07(10) and the addition of 525.16(6), Florida Statutes, Ordinance 2018-55 became unnecessary and arguable in conflict with current statutes; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: REPEAL OF ORDINANCE NO. 2018-55, as codified in Chapter 26, Article XIX, Collier County Code of Laws and Ordinances. Ordinance No. 2018-55, codified in Chapter 26, Article XIX of the Collier County Code of Laws and Ordinances is hereby repealed in its entirety. SECTION TWO: CONFLICT AND SEVERABILITY. [21-COA-0205 2/1643653/1] 17E 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 THREE: 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION EIGHT: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of July 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FL By: By: , Deputy Clerk PENNY TAYLOR, CHAIRMAN Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney [21-COA-0205 2/1643 653/1] E Acct #324207 June 23, 2021 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Repealing Ordinance 18-55, Fuel Pump Security Ordinance Dear Legals: Please advertise the above referenced notice on Wednesday, June 30, 2021 (to be placed in the classified section) and kindly send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500209957 1 ? E NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on July 13,2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners (BCC) 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, REPEALING ORDINANCE NO. 2018-55, RELATING TO SECURITY MEASURES FOR OWNERS AND OPERATORS OF RETAIL FUEL PUMPS, WHICH IS CODIFIED IN CHAPTER 26, ARTICLE XIX OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 525.07(10) AND THE ADDITION OF 525.16(6), FLORIDA STATUTES, WHICH PREEMPTS THE REGULATION OF RETAIL PETROLEUM MEASURING DEVICES TO THE STATE OF FLORIDA; 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 is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Any person who decides to appeal any 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 Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS 1 7 c COLLIER COUNTY, FLORIDA C PENNY TAYLOR., CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17E Martha S. Vergara From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Wednesday, June 23, 2021 10:45 AM To: Martha S. Vergara Subject: DO NOT REPLY External Message: Please use caution when opening attachments, clicking links, or replying to this message. This is an auto generated email, please do not reply. Please note the Legal Dept will be closed July 5th for the Holiday. Early deadlines will be in effect ask for details to avoid any delays in processing and publishing. The legal department has received your email and will be processing your notice as soon as possible. We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running. All Legal/Public Notices will be processed for the desired publication if received by deadline. Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department 17E Martha S. Vergara From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Wednesday, June 23, 2021 11:03 AM To: Martha S. Vergara Subject: RE:4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance Attachments: OrderConf.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello Customer, Please find attached your order confirmation and proof of the ad. Your ad is set to run in: • Naples Daily News June 30 $546.00 The total cost shown above includes an affidavit, which will be mailed to you after the ad publishes. Please reply by 12 pm Tuesday,June 29 with changes for the ad. Your notice is scheduled to run per your request and will publish unless you advise otherwise. You will be able to receive an affidavit 7-10 business days after the last day of printing. Thanks, Sirona Bohland Public Notice Representative rua r L CAL.1Q Office:844-254-5287 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Wednesday,June 23, 2021 9:44 AM To: NDN-Legals<legals@naplesnews.com> Subject:4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance Hello, Please advertise the following attached on Wednesday,June 30, 2021. (Please place this ad were legal notices are placed.) Please forward an ok when received, if you have any questions feel free to call. Thanks, 1 ilatin 11E k 1 a rs 4 tilt NettirS PART OF THE USA TODAY NETWORK BCC COMPREHENSIVE PL 3299 TAMIAMI TRL E 700 NAPLES FL 34112- Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1303804 0004794717 $546.00 $0.00 $546.00 Invoice $0.00 $546.00 Sales Rep: sbohland Order Taker: sbohland Order Created 06/23/2021 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 2.00 156 06/30/2021 06/30/2021 NDN-naplesnews.com 1 2.00 156 06/30/2021 06/30/2021 ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION Text of Ad: 06/23/2021 1 I E NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on July 13,2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Na- ples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will com- mence 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, REPEALING ORDINANCE NO. 2018-55, RELATING TO SECURITY MEASURES FOR OWNERS AND OPERATORS OF RETAIL FUEL PUMPS, WHICH IS CODIFIED IN CHAPTER 26, ARTICLE XIX OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMEND- MENTS TO SECTION 525.07(10) AND THE ADDITION OF 525.16(6), FLORIDA STATUTES, WHICH PREEMPTS THE REGULA- TION OF RETAIL PETROLEUM MEASURING DEVICES TO THE STATE OF FLORIDA; 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 is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization 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 materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Any person who decides to appeal any 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 accommoda- tion 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 Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR.,CHAIRMAN CRYSTAL K.KINZEL,CLERK By:Martha Vergara,Deputy Clerk(SEAL) Pub:June 30,2021 4794717 1 7 E Martha S. Vergara From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Wednesday, June 23, 2021 12:33 PM To: Martha S. Vergara Subject: RE: REVISION REQUEST - RE:4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance Attachments: OrderConf.pdf External Message: Please use caution when opening attachments, clicking links,or replying to this message. Martha, Please see attached for the revised proof. Thanks, Sirona Bohland Public Notice Representative MittItAY Office:844-254-5287 From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Wednesday,June 23, 2021 11:00 AM To: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: REVISION REQUEST- RE: 4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance Hi Sirona, Please revise this ad proof with the following: Above the title NOTICE OF INTENT TO CONSIDER ORDINANCE Please insert: NOTICE OF PUBLIC HEARING 1 EText of Ad: 06173f2021 1 7 NOTICE OF INTENT TO CONSIDER ORDINANCE t4atIce is hereby olyen that a public hearse'will be held try the CoIIrer County Board 01 County Commissioners on hilly 13.2021. in the Beard Of County Commissioners Meeting Room, Third floor, Collier Gnvernme.t Center, 3799 Tarmami Trail Fast, Na- ples F}..,the Bnerd of County Commissioner (BCC)will cnrmder the enactment of a County Ordinance Mr meennr) will rnm mm:c at 9:00 A.M. Tine etle of the propesro. Ordinance is as folio Ass: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. REPEALING ORDINANCE NO. 2018-55, RELATING TO SECURITY MEASURES FOR OWNERS AND OPERATORS OF RETAIL FUEL PUMPS. WHICH IS CODIFIED IN CHAPTER 26, ARTICLE XI1t OF THE COWER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMEND- MENTS TO SECTION 52507(10) AND THE ADDITION OF 575.16(4 FLORIDA STATUTES,WHICH PREEMPTS THE REGULA- TION OF RETAIL PETROLEUM MEASURING DEVICES TO THE STATE OF FLORIDA: PROVIDING FOR CONFLICT AND SEVERAMLITY, PROVIDING FOR INCLUSION IN THE. COOP OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. cn, y of the p opnsed Ordinance is on file with the Clerk to Please send a revised ad proof. Thanks, Martha From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent:Wednesday,June 23, 2021 11:03 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: RE:4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello Customer, Please find attached your order confirmation and proof of the ad. Your ad is set to run in: • Naples Daily News June 30 $546.00 The total cost shown above includes an affidavit, which will be mailed to you after the ad publishes. Please reply by 12 pm Tuesday,June 29 with changes for the ad. Your notice is scheduled to run per your request and will publish unless you advise otherwise. You will be able to receive an affidavit 7-10 business days after the last day of printing. Thanks, Sirona Bohland Public Notice Representative NETTWOUSA TODAY RK LVALIQ Office:844-254-5287 2 E Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, June 23, 2021 1:27 PM To: 'Gannett Legals Public Notices 4' Subject: RE: REVISION REQUEST - RE: 4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance Hi Sirona, See the revision request... The highlighted must be all caps and no line space between the two titles: NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Toad of Arl: oerrst2021 Notice of Public Hearing NOTICE OF INTENT TO CON5JWER ORDINANCE yotu e rs her i+.4 Preen that a puhrit hearing%air he hod h), the Cctl ier County$ov (aunty Cornmrg too r5 on Jpty 13,um, r the Word of (1rnicsFg3INRr5 Meet.r g Room, Third Canter C o+'rrnmell. trifler 1JJ9 tarniami trail East. Na AND SEND A REVISED AD PROOF PLEASE. Thanks, Martha From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent: Wednesday,June 23, 2021 12:33 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: RE: REVISION REQUEST- RE: 4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance External Message: Please use caution when opening attachments, clicking links, or replying to this message. Martha, Please see attached for the revised proof. Thanks, 1 17E Martha S. Vergara From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Wednesday, June 23, 2021 1:45 PM To: Martha S. Vergara Subject: RE: REVISION REQUEST - RE: 4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance Attachments: OrderConf.pdf External Message: Please use caution when opening attachments,clicking links, or replying to this message. Martha, Please see attached for revised proof Thanks, Sirona Bohland Public Notice Representative u Too l t CA .i C) Office:844-254-5287 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Wednesday,June 23, 2021 12:27 PM To:Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: RE: REVISION REQUEST- RE: 4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance Hi Sirona, See the revision request... The highlighted must be all caps and no line space between the two titles: NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Text or A6: 0512312629 Notice stf Public Keening NOTICE OF INTENT TO CO1t151PER ORDINANCE No&Ire is hereby given that a public hearing wfA be heat by the Colfper Cowity 8oarp of County.CorvirilS.W14.11 on July 13,2027, the Board Of County Commissioners Meatang Room, Third Air, cgll,Gr(snmemnient canter, 1194 tamiami trait East, Na- 1 1 ? E Text of Ad: 06/23/2021 NOTICE OF HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on July 13,2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Na- ples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will com- mence 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, REPEALING ORDINANCE NO. 2018-55, RELATING TO SECURITY MEASURES FOR OWNERS AND OPERATORS OF RETAIL FUEL PUMPS, WHICH IS CODIFIED IN CHAPTER 26, ARTICLE XIX OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMEND- MENTS TO SECTION 525.07(10) AND THE ADDITION OF 525.16(6), FLORIDA STATUTES, WHICH PREEMPTS THE REGULA- TION OF RETAIL PETROLEUM MEASURING DEVICES TO THE STATE OF FLORIDA; 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 is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization 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 materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Any person who decides to appeal any 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 accommoda- tion 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 Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR.,CHAIRMAN CRYSTAL K.KINZEL,CLERK By:Martha Vergara,Deputy Clerk(SEAL) Pub:June 30,2021 4794717 1 E Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Wednesday, June 23, 2021 4:34 PM To: Minutes and Records Cc: KerinsColleen Subject: proof approval: Revised - Repealing Ord. 18-55 Fuel Pump Security Ord. Attachments: OrderConf.pdf CAO approval is below, no staff or applicant approvals needed for this one. Thank you, Wanda. Rodriguez, .ACT, CPM Office of the County Attorney (239) 252-8400 From: KerinsColleen <Colleen.Kerins@colliercountyfl.gov> Sent: Wednesday,June 23, 2021 3:04 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Subject: RE: proof for approval: Revised - Repealing Ord. 18-55 Fuel Pump Security Ord. Looks ok to me. From: RodriguezWanda <Wanda:Rodriguez@colliercountyfl.gov> Sent: Wednesday,June 23, 2021 2:05 PM To: KerinsColleen <Colleen.Kerins@colliercountyfl.gav> Cc: KlatzkowJeff<Jeff.Kla,tz.kow@colliercountyfl„_gov> Subject: proof for approval: Revised - Repealing Ord. 18-55 Fuel Pump Security Ord. Colleen, For your approval. Please let me know if you have any questions. Wanda Rodriguez, MCP, CPM Office of the County Attorney (239) 252-84o0 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent:Wednesday,June 23, 2021 1:58 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: Revised - Repealing Ord. 18-55 Fuel Pump Security Ord. 1 1 ? E .. Martha S. Vergara From: Martha S. Vergara Sent: Thursday, June 24, 2021 8:16 AM To: 'Gannett Legals Public Notices 4' Subject: RE: REVISION REQUEST - RE: 4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance Morning Sirona, This revised ad proof has been reviewed and approved by the legal department. Please proceed with publishing as requested. Thanks, Martha From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent: Wednesday,June 23, 2021 1:45 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: RE: REVISION REQUEST- RE: 4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance External Message: Please use caution when opening attachments, clicking links,or replying to this message. Martha, Please see attached for revised proof Thanks, Sirona Bohland Public Notice Representative P TWOR( L OCA L.1t Office:844-254-5287 From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Wednesday,June 23, 2021 12:27 PM To: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: RE: REVISION REQUEST- RE: 4794717 Repealing Ordinance 18-55, Fuel Pump Security Ordinance Hi Sirona, (i(.353) 1 7 E NOTICE OF HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Z Collier County Board of County Commissioners on July 13,2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Na- m pies FL.,the Board of County Commissioners (BCC) will consider In the enactment of a County Ordinance. The meeting will corn- m mence at 9:00 A.M. The title of the proposed Ordinance is as follows: H AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0 2018-55, RELATING TO SECURITY MEASURES FOR OWNERS AND OPERATORS OF RETAIL FUEL PUMPS, WHICH IS CODIFIED IN CHAPTER 26, ARTICLE XIX OF THE COLLIER COUNTY CODE OF — LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMEND- MENTS TO SECTION 525.07(10) AND THE ADDITION OF m 525.16(6), FLORIDA STATUTES, WHICH PREEMPTS THE REGULA- p TION OF RETAIL PETROLEUM MEASURING DEVICES TO THE 2 STATE OF FLORIDA; PROVIDING FOR CONFLICT AND m SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF rn 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 is available for inspection. All interested parties Z are invited to attend and be heard. m NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- 0 ed to 3 minutes on any item. The selection of any individual to i N speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization may be allotted 10 minutes to speak on an item. Persons wishing to.have written or graphic materials included in I ` the Board agenda packets must submit said material a minimum -1 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 materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. " Any person who decides to appeal any 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 proteedings 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 accommoda- tion 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 Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR.,CHAIRMAN CRYSTAL K.KINZEL,CLERK By:Martha Vergara, Deputy Clerk(SEAL) Pub:June 30,2021 4794717 Ntit 4- at tus 17E PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 BCC COMPREHENSIVE PL ANNING DEV 3299 TAMIAMI TRL E 700 NOTICE OF HEARING NAPLES, FL 34112 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on July 13,2021 Affidavit of Publication in the Board of County Commissioners Meeting Room, Third OF WISCONSIN Floor, Collier Government Center, 3299 Tamiami Trail East. Na- STATE pies FL.,the Board of County Commissioners (BCC)will consider COUNTY OF BROWN the enactment of a County Ordinance. The meeting will com- mence at 9:00 A.M. The title of the proposed Ordinance is as follows: Before the undersigned they serve as the authority, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS personally appeared said legal clerk who on oath says that OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. he/she serves as Legal Clerk of the Naples Daily News, a 2018-55, RELATING TO SECURITY MEASURES FOR OWNERS AND OPERATORS OF RETAIL FUEL PUMPS, WHICH IS CODIFIED IN daily newspaper published at Naples, in Collier County, CHAPTER 26, ARTICLE XIX OF THE COLLIER COUNTY CODE OF Florida; distributed in Collier and Lee counties of Florida; LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMEND- MENTS TO SECTION 525.07(10) AND THE ADDITION OF that the attached copy of the advertising was published in 525.16(6), FLORIDA STATUTES, WHICH PREEMPTS THE REGULA- saici newspaper on dates listed. Affiant further says that the TION OF RETAIL PETROLEUM MEASURING DEVICES TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND said Naples Daily News is a newspaper published at SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF Naples, in said Collier County, Florida, and that the said LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. newspaper has heretofore been continuously published in saidA copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties Collier County, Florida; distributed in Collier and Lee are invited to attend and be heard. counties of Florida, each day and has been entered as NOTE: All persons wishing to speak on any agenda item must second class mail matter at the post office in Naples, in register with the County manager prior to presentation of the said Collier County, Florida, for a period of one year next agenda item to be addressed. Individual speakers will be limit ed to 3 minutes on any item.The selection of any individual to preceding the first publication of the attached copy of speak on behalf of an organization or group is encouraged, If advertisement; and affiant further says that he has neither recognized by the Chairman, a spokesperson for a group or or- ganization may be allotted 10 minutes to speak on an item. paid nor promised any person, or corporation any discount, Persons wishing to have written or graphic materials included in rebate, commission or refund for the purpose of securing the Board agenda packets must submit said material a minimum this advertisement for publication in the said newspaper. 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 Published:06/30/2021 seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- Subscribed and sworn to before on June 30,2021; tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register up to 6 days In advance through the link provided on the front page of the county website at www,colliercountyfLgov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting, Notary, State of WI,County of Brown Any person who decides to appeal any 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 imo 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 accommoda- tion 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 Division, locat- My commission expires August 6,2021 ed at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Publication Cost $55 3 00 BOARD OF COUNTY COMMISSIONERS Ad No: 0004 7 947 1'r COLLIER COUNTY,FLORIDA Customer No. 130380,1 PENNY TAYLOR,CHAIRMAN PO it: P.O.#4500209957 CRYSTAL K.KINZEL,CLERK By:Martha Vergara,Deputy Clerk(SEAL) if of Affidavits 1 Pub:June 30,2021 4794717 This is not an invoice 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. 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 be 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 routinglines#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 7/13/21 4. BCC Office Board of County Commissioners L 5. Minutes and Records Clerk of Court's Office l ` �] k 1,�Pp PRIMARY CONTACT INFORMATION l f' 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 Wanda Rodriguez,ACP Phone Number 252-8123 Contact/ Department Office of the County Attorney Agenda Date Item was 7/13/21 Agenda Item Number //Approved by the BCC Type of Document Ordinance repealing Ord. 18-55(Fuel Pump Number of Original one Attached Security Ordinance) Documents Attached PO number or account N/A number if document is ' a� to be recorded 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?STAMP Ok N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 N/A 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 N/A 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 7/13/21 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's JAK Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the le Chairman's signature. 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 1 7 E • Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, July 19, 2021 9:05 AM To: RodriguezWanda Subject: Validated Ordinance 2021-27 (Item #17E 7-13-21 BCC Meeting) Attachments: Ordinance 2021-27.pdf Good Mornivtg Wanda, A copy of Ordinance 2021--27, adopted by the 13CC on July 13, 2021, is attached of your records. Thank you! Ann Jenne,jotin 13MR Senior Deputy Clerk II 0.11<1,r,-1 Clerk to the Value Adjustment 13oard 'r Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Avtn.Jennejohn@CollierClerk•coiM P tiw• Office of the Clerk of the Circuit Court °(tAtNn`"* & Comptroller of Collier County 3299 Taw(min Trail, Suite #401 Naples, FL 34112-5324 www.CoIlierCIerk.com i E Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday,July 15, 2021 3:15 PM To: 'countyordinances@dos.myflorida.com' Subject: CLL20210715_Ordinance2021_27 Attachments: CLL20210715_Ordinance2021_27.pdf COUNTY: CLL (COLLIER) ORDINANCE NUMBER: 2021-27 SENT I3Y: Collier County Clerk of the Circuit Court T3oard Minutes & Records Department 23 9-252.-8 406 Thank you! Ann Jennejohn T3MR Senior Deputy Clerk II 0 11((R.tt Clerk to the Value Adjustment Board ,`14 4 tip OFfice: 239-252-8406 Fax: 239-252-8408 (if applicable) Avw.Jevtvt jjohvt@CollierClerk.cowt • 's,. Office of the Clerk of the Circuit Court tc .rN:48' & Comptroller of Collier County 3299 Tawiawti Trail, Suite 4*401 Naples, FL 34112-5324 www.CollierClerk.cow i I 7 E ORDINANCE NO.2021- 2 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,REPEALING ORDINANCE NO. 2018-55, RELATING TO SECURITY MEASURES FOR OWNERS AND OPERATORS OF RETAIL FUEL PUMPS, WHICH IS CODIFIED IN CHAPTER 26, ARTICLE XIX OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 525.07(10) AND THE ADDITION OF 525.16(6), FLORIDA STATUTES, WHICH PREEMPTS THE REGULATION OF RETAIL PETROLEUM MEASURING DEVICES TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the 2021 Legislative Session, the Florida Legislature adopted House Bill 430, amending Section 525.07(10) and adding Section 525.16(6), Florida Statutes, entitled "Powers and duties of department; inspections;unlawful acts"and"Administrative fine;penalties; prosecution of cases by state attorney" by expanding the Legislature's preemption in the field of regulation of retail petroleum measuring devices. The effective date of the legislation is July 1, 2021; and WHEREAS, through the action of the Florida Legislature, including the amendment to Section 525.07(10) and the addition of 525.16(6), Florida Statutes, Ordinance 2018-55 became unnecessary and arguable in conflict with current statutes; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: REPEAL OF ORDINANCE NO. 2018-55, as codified in Chapter 26, Article XIX, Collier County Code of Laws and Ordinances. Ordinance No. 2018-55, codified in Chapter 26, Article XIX of the Collier County Code of Laws and Ordinances is hereby repealed in its entirety. [21-COA-02052/1643653/1] ! 7E SECTION TWO: 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 THREE: 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION EIGHT: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. THIS RESOLUTION ADOP l'ED after motion, second, and majority vote favoring same this 13th day of July, 2021. ATTEST: BOARD 0 COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIE' 410yr TY, FLORI By: 0—tAillA . By: , a/Mil Attest as • PENNY TAYLOR, CHAIR signature only. Appro . to,, • ' , d legality: This ordintant^ tiled -ith yof ��,,fit; srtf2 t Jeffrey A. ' 1azko ounty Attorney V y o ff .,u1 ., 6 ] is r'r n; d: p..t hat rind ��cknc:�,v:�:�,�,-.�r�.: �i_- �� rii]n r ceived 8y [21-COA-02052/1643653/1] Deo G.c � � • ! 7f FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State July 15, 2021 Ms. Martha Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-27, which was filed in this office on July 15, 2021. Sincerely, Anya Grosenbaugh Program Administrator AG/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270