Ordinance 2007-74
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AN.,QFwINANCE OF COLLIER COUNTY, FLORIDA, CALLED THE COLLieR
. CcJ&NTY CONVENIENCE BUSINESS SECURITY ORDINANCE, PROVIOlNG
DEFINITIONS; SPECIFYING CONVENIENCE BUSINESS SECURITY'-
REQUIREMENTS; REQUIREMENTS TO TRAIN RETAIL EMPLOYE.J;S;
ENFORCEMENT AND CIVIL FINES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING AN EFFECTIVE DATE.
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ORDINANCE NO. 2007 -74
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WHEREAS, Section 812.1725, Florida Statutes, authorizes Florida counties to
adopt an ordinance regarding convenience business security provided the
ordinance does not differ from Section 812.173, Florida Statutes, ("Convenience
Business Security Measures") and Section 812.174, Florida Statutes, ("Training
of Retail Employees"); and
WHEREAS, the Collier County Sheriff's Office is recommending that this
Ordinance be adopted to authorize local enforcement of Florida's "Convenience
Business Security Act" (Sections 812.1701 through 812.175, Florida Statutes);
and
WHEREAS, this Ordinance complies with Florida's "Convenience Business
Security Act;" and
WHEREAS, the Collier County Board of County Commissioners agrees with the
Collier County Sheriff's Office recommendation that it will be in the best interests
of retail employees of convenience businesses in Collier County that Florida's
Convenience Business Security Act be enforced throughout Collier County
pursuant to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that a new Article VI in
Chapter 26 of the Code of Laws and Ordinances of Collier County is hereby
created to read as follows:
SECTION ONE. TITLE.
This Ordinance is and may be cited as the "Collier County Convenience
Business Security Ordinance."
SECTION TWO: DEFINITIONS.
"Convenience business" means any place of business that is primarily engaged
in the retail sale of groceries, or both groceries and gasoline, and that is open for
business at any time between the hours of 11 :00 p.m. and 5:00 a.m. The term
"Convenience Business" does not include:
(a) A business that is solely or primarily a restaurant.
(b) A business that always has at least five (5) employees on the premises after
11 :00 p.m. and before 5:00 a.m.
(c) A business that has at least 10,000 square feet of retail floor space.
(d) A business in which the owners or members of the owner's family work in
the respective business premises between the hours of 11 :00 p.m. and 5:00 a.m.
"CCSO" means the Collier County Sheriff's Office.
"CBI" means any individual employed by the CCSO who has been certified as a
"Convenience Business Inspector."
"Retail Employee" means an employee of a convenience business who in the
course of such employment can be exposed to assault, bodily injury or death
from any individual in a convenience business premises at any time.
SECTION THREE: Convenience Business Security Requirements.
(1) Every convenience business shall be equipped with the following security
devices and standards:
(a) A security camera system capable of recording and retrieving an image to
assist in offender identification and apprehension.
(b) A drop safe or cash management device for restricted access to cash
receipts.
(c) A lighted parking lot illuminated at an intensity of at least two (2) foot-
candles per square foot at eighteen (18) inches above the surface.
(d) A conspicuous notice at the entrance that states the cash register contains
fifty dollars ($50) or less.
(e) Window signage that allows a clear, unobstructed view from outside the
building, including a clear line of sight of the cash register and the sales
transaction area.
(f) Height markers at the entrance of the convenience business that display
height measurements of individuals who enter the interior through the entrance.
(g) A cash management policy to limit the cash on hand at all times after 11 :00
p.m,
(2) A convenience business shall not have window tinting that reduces exterior or
interior view in a normal line of sight.
(3) Every convenience business shall be equipped with a silent alarm to law
enforcement or a private security agency, unless application for 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-
five dollars ($25) for each store for which the exemption would apply.
(4) If a murder, robbery, sexual battery, aggravated assault, aggravated battery,
kidnapping or false imprisonment, as those crimes are the identified and then
defined by Florida Statutes, occurs or has occurred at a convenience business
after July 1, 1989, and arises out of the operation of the convenience business,
such convenience business shall implement at least one (1) of the following extra
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.;
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(b) Install for use by employees at all times after 11 :00 p.m. and until 5:00 a.m.,
a secured safety enclosure of transparent polycarbonate or other material that
meets at least one (1) of the following minimum standards:
(i) American Society for Testing and Materials Standard D3935 (classification
PC110 B 3 0800700), has a thickness of at least 0.375 inches, and has an
impact strength of at least two hundred (200) foot pounds; or
(ii) Underwriters Laboratory Standard UL 752 for medium power small arms
(level one) Bullet Resisting Equipment;
(c) Provide a security guard on the premises at all times after 11 :00 p.m. and
until 5:00 a.m.;
(d) Lock the business premises throughout the hours from 11 :00 p.m. until 5:00
a.m., and transact business only through an indirect pass-through trough,
trapdoor, or window; or
(e) Close the business 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 then
implemented any of the extra security measures set forth in paragraphs (4)(a)-
(e), above, and has maintained such extra measures without any occurrence or
incidence of any of the crimes identified by Subsection (4), above, for a period of
at least twenty-four (24) months immediately preceding the filing of a notice of
exemption, may file with a CBI employed by the CCSO, a notice of exemption
from the extra security measures. In no event shall this exemption be interpreted
to preclude full compliance with the security measures set forth in Subsection (4),
above, should any occurrence or incidence of any crimes identified by
Subsection (4), above, cause that Subsection to again become applicable.
(6) 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 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;
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(f) 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
(g) A copy of the then current Florida's Convenience Business Security Act
(currently Sections 812.1701 through 812.176, Florida Statutes).
SECTION FOUR: Required Training for all Convenience Business' Retail
Employees.
The owner or principal operator of each convenience business, applied to each
premises of the retail convenience business, shall provide to each retail
employee a proper robbery deterrence and safety training by Florida Attorney
General approved curriculum within sixty (60) days of the date of such
employee's initial employment. Upon request, the CCSO will provide a copy of
an example document titled "Robbery Prevention and Awareness Training
Handbook" that specifies a training program that has many times been
"approved" by the Attorney General. The convenience business' original training
curriculum shall be submitted in writing to the Attorney General and shall be re-
submitted biennially to the Attorney General for re-approval. The application fee
shall be as then specified in Section 812.174, Florida Statutes, or its successor.
SECTION FIVE: Enforcement; Civil fines.
(1) Any certified Convenience Business Inspector ("CBI") employed by the
Collier County Sheriff's Office (CCSO) is authorized by this Ordinance to
investigate any alleged violation of this Ordinance. Violation of any provision of
this Ordinance by any owner or principal operator of a convenience business
shall result in a notice of violation from such CBI. The noticed violator shall have
thirty (30) days after receipt of such notice to provide proof to the CBI that the
violator has complied with all requirements stated in such notice. If the violation
continues after that thirty (30) day period, the CBI may refer the case to Collier
County Code Enforcement for enforcement. The Director of Code Enforcement,
or the assigned Code Enforcement Special Master, if applicable, may suspend
imposition of any fine in his/her discretion up until an order imposing a fine has
been issued. After an order imposing a fine has been issued, fine reductions
shall be controlled by Chapter 162, Florida Statutes, and applicable Collier
County Ordinances. No such notice, fine, or fine reduction, shall be subject to
any provision of Chapter 120, Florida Statutes.
(2) The CCSO or Collier County's Code Enforcement Department personnel shall
have full power and authority to petition a court of law for an injunction if it is
determined by the CBI, the Director of Code Enforcement, or by the Code
Enforcement Special Master, if applicable, that the health, safety, or public
welfare is threatened by continued operation of a convenience business in
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violation of this Ordinance. In any action for such an injunction, the petitioner
may seek a civil penalty not to exceed five thousand dollars ($ 5,000) per
violation, plus attorney's fees and costs.
SECTION SIX: 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 this 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 portions.
SECTION SEVEN. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and Ordinances
of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish that result, and the word "Ordinance" may be changed to
"Section," "Article" or any other appropriate word.
SECTION EIGHT. EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department
of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 27thdayof November ,2007.
ATTEST:'
Dwi!;jht E. Broc~, CI~rk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Approved as to form and .legal sufficiency
By: ~
Tho as C. Palmer,
Assistant County Attorney
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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 2007-74
Which was adopted by the Board of County Commissioners
on the 27th day of November, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of November, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex.officio to Board of
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