Ordinance 2021-27 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of Laws and Ordinances is hereby repealed in its entirety.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]
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 ADOPTED after motion, second, and majority vote favoring same this
13th day of July, 2021.
ATTEST: BOARD 0 COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIE' C y TY, FLORI
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PENNY TAYLOR, CHAIR
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[21-COA-02052/1643653/1] Dap C'Q
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