Agenda 11/08/2011 Item # 9En
11 /8/2011 item 9. E.
EXECUTIVE SUMMARY
To direct the county attorney to research the constitutionality of the provisions provided in the
county's solicitation ordinances, and, Commissioner Coyle's desire to enact a solicitation
moratorium, so as to ensure that the existing provisions and any possible future solicitation
moratorium proposal shall not constitute a prior restraint, under the First Amendment, nor any
other constitutional violation.
OB3E To direct the county attorney to research the constitutionality of the provisions
provided in the county's solicitation ordinances, and, Commissioner Coyle's desire to enact a
solicitation moratorium, so as to ensure that the existing provisions and any possible future
solicitation moratorium proposal shall not constitute a prior restraint under the First. Amendment,
nor any other constitutional violation
CONSIDERATIONS: Collier County allows charitable organizations to solicit for contributions in
County rights -of -way subject to conditions, with the issuance of a permit. There have been
concerns that some of the soliciting organizations may not be legitimate. Additionally, allowing
solicitations in county road medians gives rise to public safety concerns.
During my communications of suggested amendments to the existing ordinance with the county
attorney, my research caused me to question the constitutionality of some of the existing provisions
and Commissioner Coyle's desire to have a solicitation moratorium. Specifically, I question
whether the existing permitting requirement, and Commissioner Coyle's desire to have a ban
constitutes a prior restraint under the First Amendment.
It is essential that the county ensures the constitutionality of its ordinances prior to approval and
enforcement. Constitutional rights must not be ignored, nor denied by government.
FISCAL IMPACT: The material cost of legally defending against any possible .constitutional
challenge of the local solicitation ordinance(s) and/or solicitation bans will be avoided by having the
county attorney determine the legality of such ordinancestacts.
LEGAL CONkWJBATIONS To ensure the constitutionality of the county's solicitation
ordinances, that such ordinances do not include prior restraints on free speech, and, to only allow
for narrowly worded time, place and manner conditions that support the county's objective to
promote public safety and limit fraud, all of which needs to be researched by the county attorney.
The county attorney must go beyond merely determining the legal sufficiency of what is
enacted/proposed by county government, to providing assurances that the laws passed by the
county are in fact, legal.
GROVTII MANAGEMENT IMPACT: Alone.
RECOMMENDATION: To direct the county attorney to research the constitutionality of the
provisions provided in. the county's solicitation ordinances, and, Commissioner Coyle's desire to
enact a solicitation moratorium, so as to encore that the existing provisions and any possible future
solicitation moratorium proposal shall not constitute a prior restraint under the First Amendment,
nor any other constitutional violation.
Prepared By: Commissioner Georgia HIller
Packet Page -188-
11/8/2011 Item 9.E.
n
Packet Page -189-
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.E.
11 /8/2011 Item 9. E.
Item Summary: To direct the county attorney to research the constitutionality of the
provisions provided in the county's solicitation ordinances, and, Commissioner Coyle's desire to
enact a solicitation moratorium, so as to ensure that the existing provisions and any possible
future solicitation moratorium proposal shall not constitute a prior restraint under the First
Amendment, nor any other constitutional violation.
Meeting Date: 11/8/2011
Prepared By
Name: RaineyJennifer
Title: Executive Aide, BCC
11/2/2011 1:22:48 PM
Submitted by
Title: Executive Aide, BCC
Name: RaineyJennifer
11/2/2011 1:22:49 PM
Approved By
Name: OchsLeo
Title: County Manager
Date: 11/2/2011 5:36:21 PM
Packet Page -190-