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Agenda 03/09/2010 Item #16K 2 Agenda Item No. 16K2 March 9, 2010 Page 1 of 10 ,"~"- EXECUTIVE SUMMARY Authorize the County Attorney to advertise two ordinances for future Board consideration which would: (1) amend Ordinance No. 76-57 (the Public Solicitor's Ordinance), so as to prohibit public solicitors from misrepresenting that they are veterans of the military or soliciting in military uniforms when they are neither present nor former members of the military; and (2) amend Ordinance No. 87-60 (which regulates solicitation in the public right-of-way), as amended, to require charitable organizations soliciting in military uniform or a distinctive part of a military uniform to provide evidence of present or former military service for each solicitor when applying for a permit. OBJECTIVE: To direct the County Attorney to advertise two ordinances intended to prevent solicitors, who are neither present nor former members of the military, from soliciting for contributions in military uniforms or misrepresenting that they are members of the military. CONSIDERATIONS: Collier County allows charitable organizations to solicit for contributions in County rights-of-way subject to conditions and the issuance of a permit. At least one of these organizations purports to represent military service members. Members of the public have questioned whether the solicitors were in fact present or former members of the military. The proposed amending ordinances are intended to address this concern. The amendment to Ordinance No. 76-57 (the Public Solicitor's Ordinance), proposes to add the - following text: "No public solicitor shall represent that he or she is a veteran of the military, or wear a military uniform or other indication of military service, when the solicitor is neither a present nor a former member of the service indicated." The amendment to Ordinance No. 87-60, as amended (which regulates solicitation in the public right-of-way), proposes to add the following text: "Military Uniform. Organizations whose solicitors wear a military uniform or a distinctive part of a military uniform must provide evidence of present or former military service for each solicitor. Evidence, that will be accepted includes, but is not limited to: a. 00-214 or Statement of Service (Report of Separation); or b. Communication from military or veterans office that contains information regarding military service or an indication of military service. " If approved, the proposed ordinances will be advertised and brought back for Board consideration. ~ The County Attorney Office also researched state and federal law regulating the wearing of a military uniform or a distinctive part of a military uniform. Florida law prohibits such conduct, - ...._".,.,."._.'..' ......, n_ ", ,."._ Agenda Item No. 16K2 March 9, 2010 Page 2 of 10 however, the Florida District Court of Appeal ruled this law unconstitutionally overbroad and vague in 2008. Federal law (10 USC Section 771) also prohibits such conduct. Although Section 771 remains unchallenged, it is not realistic to rely upon the federal government to enforce this rule in Collier County. LEGAL CONSIDERATIONS: The proposed amendments were drafted by the County Attorney are legally sufficient. - JAK FISCAL IMPACT: Estimated cost to advertise both ordinances is approximately $400 which will be paid by the County Attorney Office. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: To direct the County Attorney to advertise two ordinances intended to prevent solicitors, who are neither present nor former members of the military, from soliciting for contributions in military uniforms or misrepresenting that they are members of the military. Prepared by: Jeffrey A. Klatzkow, County Attorney, and Jennifer B, White, Assistant County Attorney ....~- J..u.s......L V.L J.. Agenda Item No. 16K2 March 9, 2010 Page 3 of 10 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K2 Authorize the County Attorney to advertise two ordinances for future Board consideration which would: (1) amend Ordinance No. 76-57 (the Public Solicitors Ordinance), so as to prohibit public solicitors from misrepresenting that they are veterans of the military or soliciting in military uniforms when they are neither present nor former members of the military; and (2) amend Ordinance No. 87-60 (which regulates solicitation in the public right- of-way), as amended, to require charitable organizations soliciting in military uniform or a distinctive part of a military uniform to provide evidence of present or former military service for each solicitor when applying for a permit. 3/9/2010 9:00:00 AM Meeting Date: Prepared By Jeff Klatzkow County Attorney Date 3/2/20103:01 :06 PM Approved By Jeff Klatzkow County Attorney Date 3/2/20104:15 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 3/3/2010 8:44 AM ,^~, ~. ,,-, . ~ ,~ ,._~ _ r . _ __._.. _ _________ _____ ,.. ___ ________ - '- '- -. - -""._- -- ._-~ -"-- -,,-~" -,,,-..._...~_.,<.,-, , .... '.,--~.- '^~.,. . ".._-'-- Agenda Item No. 16K2 March 9. 2010 Page 4 of 10 ORDINANCE NO. 2010- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 76-57, RELATING TO PUBLIC SOLICITATIONS OF CONTRIBUTIONS, BY AMENDING SECTION SEVEN, "PROHIBITED ACTS," IN ORDER TO PROHIBIT A PUBLIC SOLICITOR FROM MISREPRESENTING THAT HE OR SHE IS A VETERAN OF THE MILITARY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on Oecember 14, 1976, the Board of County Commissioners adopted Ordinance No. 76-57 in order to regulate solicitations of contributions in Collier County; and WHEREAS, Ordinance No, 76-57 requires public solicitors to register with the Clerk of the Circuit Court and maintain accurate records reflecting all income and expenses; and WHEREAS, Ordinance No. 76-57 prohibits a public solicitor from misrepresenting or misleading anyone to believe that the public solicitation is being conducted for a charitable organization or that the proceeds of such solicitation or sale will be used for charitable purposes, if such is not the fact; and WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 76-57 in order to prohibit a public solicitor from representing that he or she is a veteran of the military, such as by wearing a military uniform or other indication of military service, when the solicitor is neither a present nor a former member of the service indicated. NOW, THEREFORE, BE IT ORDAINEO BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 76-57. Section Seven of Ordinance No. 76-57 is hereby amended as follows: SECTION SEVEN: Prohibited Acts 1- Words underlined are added; Words ~ are deleted. Agenda Item No. 16K2 March 9. 2010 Page 5 of 10 I. It shall be unlawful for any public solicitor to solicit funds within Collier County without first filing a registration statement as provided by this Ordinance. 2. No public solicitor subject to the provisions of this Ordinance, shall use or exploit the fact of registration so as to lead the public to believe that such registration in any manner constitutes an endorsement or approval by the Collier County Board of County Commissioner as required by Ordinance, Registration does not imply endorsement of a public solicitor for contribution. 3. No person shall, in connection with the solicitation of contributions for or the sale of goods or services of a person other than a charitable organization, misrepresent to or mislead anyone by any manner, means, practice or devise whatsoever, to believe that the person on whose behalf such solicitation or sale is being conducted is a charitable organization or that the proceeds of such solicitation or sale will be used for charitable purposes, if such is not the fact. 4. No person shall make any representation that he is soliciting contributions for or on behalf of a public solicitor or shall use or display any emblem, device or printed matter belonging to or associated with a public solicitor for the purpose of soliciting or inducing contributions from the public without first being authorized to do so by the public solicitor. 5. No public solicitor shall represent that he or she is a veteran of the military. or wear a military uniform or other indication of military service. when the solicitor is neither a present nor a former member of the service indicated. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE. 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 Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: 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. _. 2- Words underliged are added; Words SlrnolHhreHgIl are deleted. - '._' ..'.--.....--.-- - --..~-~_._.. . --._-,,-, ---. Agenda Item No. 16K2 March 9, 2010 Page 6 of 10 SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSEO ANO OULY ADOPTEO by the Board of County Commissioners of Collier County, Florida, this day of ,2010. ATTEST: OWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA By: , Oeputy Clerk By: FREO W_ COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney 3 - Words underlined are added; Words stTlIolHIrr<lllgh are deleted. Agenda Item No. 16K2 March 9, 2010 Page 7 of 10 - ORDINANCE NO. 2010- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 87-60, AS AMENDED, AS IT RELATES TO THE ISSUANCE OF PERMITS FOR CHARITABLE SOLICITATIONS AT ROAD INTERSECTIONS, BY AMENDING SECTION THREE, "EXCEPTIONS," IN ORDER TO REQUIRE ORGANIZATIONS WHOSE SOLICITORS REPRESENT THAT THEY ARE VETERANS OF THE MILITARY, OR WEAR A MILITARY UNIFORM OR A DISTINCTIVE PART OF A MILITARY UNIFORM TO PROVIDE EVIDENCE OF PRESENT OR FORMER MILITARY SERVICE FOR EACH SOLICITOR; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ,'" WHEREAS, on July 28, 1987, the Board of County Commissioners adopted Ordinance No. 87-60 to regulate selling on public streets, highways and rights-of-ways; and WHEREAS, Collier County Ordinance No. 04-51 amended Ordinance No. 87-60 to allow charitable solicitations at road intersections subject to certain conditions and the issuance of a permit; and WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 87-60, as amended, so as to require organizations whose solicitors represent that they are veterans of the military, or wear a military uniform or a distinctive part of a military uniform to provide evidence of present or former military service for each solicitor. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 87-60, AS AMENDED Section Three of Ordinance No. 87-60, as amended is hereby amended as follows: THREE: EXCEPTIONS * * * F. Charitable Solicitations at Traveled Road Intersections. -_. I. In this subsection, "Road" means all geographic areas between the two exterior- most edges of paved or unpaved surfaces available for and being used for vehicular travel or ] Words underlined are added; Words ~ are deleted. Agenda Item No. 16K2 March 9, 2010 Page 8 of 10 parking, including medians and shoulders. All public and private roads, including roads separated by one or more medians, have two (2) exterior-most edges. "Road" includes streets, highways, alleys, and other nouns that are used to describe facilities for traveling by, or in-the- road parking of motor vehicles. This subsection applies to all roads over which Collier County then has traffic control jurisdiction. "Pedestrian" means every individual who goes onto the traveled road to interact with any operator or occupant of any vehicle being operated on the road, including each supervisor while the supervisor is on the traveled road surface. "Participant" includes the permit applicant each pedestrian, each supervisor, and every other individual associated with the applicant and who is in the road during any of the subject in-the-road activities. 2. A one-time per calendar year permit only to solicit charitable contributions at road intersections in unincorporated Collier County then open to vehicular traffic may be acquired from the Collier County Transportation Oepartment, subject to continued compliance with all of the following: a. Eligible Permit Applicants. The applicant must be federal income tax exempt under the United States Internal Revenue Code and must be registered as a solicitor of contributions pursuant to Chapter 496, Florida Statutes, or have al1 annuaJ letter of exemption issued to the applicant pursuant to that Chapter. b. Permit Application. (i) There shall be no fee for the permit. The applicant shall submit to the compJete, executed standard application form to the County's Transportation. No incomplete application shall be accepted. If the application form is WIt accepted by staff for any reason, staff, not later than five (5) workdays following receipt of the application, shall inform the applicwt in writing or the feason(s) Cor n(lIhlec~ptance. The lirne period JlJ[ sLafT approval or denial of an applieaiion "hall not COmmelYOe tI!l!il a complete arplication J<mY! is accepted. Each complete tonn shalJ bc procbscd on a fim appli~d-f()r. Erst procc"sed basis. rhe Transportation OepaItmcnt shall either deny the complete permit ;,ppJ;.;ation (t{)[ Slated r~asons) or grant the permit, within ten (10) workdays following receipt of the complete application. If the Transportation Oepartment does not make a final decision to approve or deny a complete applicarion within tcn (J 0) workdays after ,tuffs receipt of the application (including proof of required insurance), the application shall be deemed to be approved. Each permit application must request a specific time period to solicit contributions not to exceed seventywtwo (72) consecutive hours. No applicafet shaH request that the solicitation timc period commence more than s'x.ty (60) calendar day;; liter, nor ,'.lOIlCr them r(lurtecn (14) ca1cndar ddYS after, the submittal date of the complete application. The applicant can request (and be permitted) to solicit contributions concurrently at several intersections, but only one permittee may solicit at any intersection at anyone time. (ii) Military Uniform. Organizations whose solicitors represent that they are veterans of the military, or wear a military uniform or a distinctive part of a military uniform must provide evidence of present or former military service for each solicitor. Evidence that will be accepted includes, but is not limited to: 2 Words underlined are added; Words ~ are deteted. Agenda Item No. 16K2 March 9, 2010 Page 9 of 10 ,,~ a. 00-214 or Statement of Service (Report of SeRaration): or b. Co~unicatiQn from military or veterans office that contains information regarding military service or an indication of milit!lJY service. fii1 (iii) Insurance. Each application must include a Certificate of Liability Insurance showing proof of general liability insurance that has policy limits of not less than one million dollars per occurrence for personal injury/death; one million dollars for property damage; at least $300,000 fire damage (anyone fire); at least $15,000 for medical expenses (anyone person); at least two million dollars general aggregate, and at least two million dollars aggregate for comprehensive liability, products. All such insurance must be in effect throughout the solicitation time period. The permit shall automatically be rendered void if the required insurance is not continuously in full force and effect throughout the solicitation time period. The insurance must insure the applicant (entity or individual), all participants, and all third party claimants who may assert claims for personal injury, death and/or property damage alleged to have been caused by, or resulted from, the applicant's in-the-road activity. Collier County must be a named insured. * * * SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE .~.. 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 Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: 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 . . . remammg portIOn. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Oepartrnent of State. ~ 3 Words underlined are added; Words ~ are deleted. ---. ,.., "<-.---- _..-- - "--.-~---", - - Agenda Item No. 16K2 March 9, 2010 Page 10 of 10 P ASSEO ANO OUL Y AOOPTEO by the Board of County Commissioners of Collier County, Florida, this day of ,2010. ATTEST: OWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA , Oeputy Clerk By: FRED W. COYLE, CHAIRMAN By: Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney 4 Words underlined are added; Words ~ are deleted.