Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - April 24, 2018
REVISED April 24, 2018 - Regular Meeting
Agenda Item #44

Amendments to Secondhand Dealers Ordinance (Ord. 18-26)

Briefing Provided Upon Request

Contact and/or Presenter Information
Detective April Culbreath, Manatee County Sheriff's Office
Michele Hall, General Counsel, Manatee County Sheriff's Office
Sergeant Christopher D'Agostino, Manatee County Sheriff's Office
Alexandria Nicodemi, Assistant County Attorney, ext. 3750

Action Requested
Adoption of Ordinance 18-26, amending Sections 2-19-104 through 2-19-106, modifying the regulations imposed upon secondhand dealers.

Enabling/Regulating Authority
Section 125.01, Florida Statutes
Chapter 538, Florida Statutes

Background Discussion
The Manatee County Sheriff's Office (MCSO) submitted a Request for Legal Services to the County Attorney's Office (CAO) on September 6, 2017, requesting amendment of the current ordinance that regulates secondhand dealers. Said ordinance would replace Sections 2-19-104 through 2-19-106 of the Manatee County Code of Ordinances, and would require secondhand dealers to meet more stringent standards of notification of sale after a holding period. This matter was previously scheduled for a hearing before the Board of County Commissioners for the December 12, 2017 regular meeting. At the request of Manatee County Sheriff's Office, the first draft ordinance was removed from the agenda on December 11, 2017.

Assistant County Attorney Alexandria Nicodemi prepared Ordinance 18-26 for Board consideration, and at the April 10, 2018 regular meeting, permission was granted by the Board to advertise for a public hearing to potentially adopt said Ordinance. The Notice of Public Hearing was published in a newspaper of general circulation on April 12, 2018, and an Affidavit of Publication is attached.

At the request of the Board of County Commissioners, Detective April Culbreath and Sergeant Christopher D'Agostino met with Michael Gallen of the Chamber of Commerce on April 16, 2018 in order to brief him on the proposed changes to the ordinance. It has been reported to the County Attorney's Office that Mr. Gallen confirmed with MSCO that he is satisfied with the language of this Ordinance.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Although the Ordinance and the agenda item have been prepared by the CAO, the Sheriff's Office will take the lead in presenting this item to the Board of County Commissioners.

Reviewing Attorney

Instructions to Board Records
Assuming adoption, provide a fully executed copy of the Ordinance to Assistant County Attorney Alexandria Nicodemi, to Katie Pearson (County Attorney's Office), and to Information Outreach Manager Nicholas Azzara.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Secondhand Dealers Ord. _Revised.pdf
Attachment:  Affidavit_SecondhandDealers.pdf
Attachment:  Attorney Response Memorandum 3.23.18.pdf