Backup Documents 01/12/2012 Item #17ACOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
oa,a 17 A
To: Clerk to the Board: Please place the following as a:
® Normal legal Advertisement ❑ Other:
(Display Adv., location, etc.)
Originating Dept/ Div: County Attorney Person: Jeffrey A. Matzkow Date: December 19, 2011
Petition No. (If none, give brief description): 2 Ordinances — STANDARD AD LANGUAGE TO STATE ORDINANCES
Petitioner: (Name & Address): Collier County Attorney
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) January 10, 2012 (ad to run no later than
WEDNESDAY, DECEMBER 28, 2012)
Newspaper(s) to be used: (Complete only if important):
® Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size)
❑ Legally Required
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 76 -57, AS AMENDED, RELATING TO PUBLIC SOLICITATIONS OF CONTRIBUTIONS, BY
AMENDING SECTION THREE, "REGISTRATION OF PUBLIC SOLICITORS," IN ORDER TO REQUIRE
SOLICITORS REPRESENTING THAT THEY ARE VETERANS OF THE MILITARY TO PROVIDE EVIDENCE OF
PRESENT OR FORMER MILITARY SERVICE, AND BY AMENDING SECTION SEVEN, "PROHIBITED ACTS," IN
ORDER TO REQUIRE A PUBLIC SOLICl'TOR TO (1) CARRY PROOF OF REGISTRATION; (2) DISPLAY A SIGN
WHICH IDENTIFIES THE PUBLIC SOLICITOR; AND (3) OBTAIN AND CARRY PROOF OF WRITTEN PERMISSION
TO SOLICIT ON PRIVATE PROPERTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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
ESTABLISH ADDITIONAL SAFETY REQUIREMENTS DURING CHARITABLE SOLICITATIONS AT TRAVELED
ROAD INTERSECTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing, date: None
Purchase Order Number to be charged for advertising costs: P.O. 4500130366
Reviewed by: JJ
Division Administrator or Designee Date
List Attachments: proposed ordinances
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE O L p
Date Received: 2 V4• ( Date of Public hearing: L (n / Z Date Advertised: Z Zb f
COLLIER COUNTY FLORIDA
7
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following: as a:
Normal legal Advertisement ❑ Other:
(Display Adv., location, etc.)
Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow Date: December 19, 2011
Petition No. (If none, give brief description): 2 Ordinances — STANDARD AD LANGUAGE TO STATE ORDINANCES
Petitioner: (Name & Address): Collier County Attorney
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) January 10, 2012 (ad to run no later that
WEDNESDAY, DECEMBER 28, 2012)
Newspaper(s) to be used: (Complete only if important):
® Naples Daily News ❑ Other ❑ Legally Required
Proposed Text: (Include legal description & common4ocation & Size)
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDRgG
ORDINANCE NO. 76 -57, AS AMENDED, RELATING TO PUBLIC SOLICITATIONS OF CONTRIBUTIONS, $Y
AMENDING SECTION THREE, "REGISTRATION OF PUBLIC SOLICITORS," IN ORDER TO REQU*E
SOLICITORS REPRESENTING THAT THEY ARE VETERANS OF THE MILITARY TO PROVIDE'LVIDENCE PF
PRESENT OR FORMER MILITARY SERVICE, AND BY AMENDING SECTION SEVEN, "PROHIBITED ACTS,'IN
ORDER TO REQUIRE A PUBLIC SOLICITO& TO (1) CARRY PROOF OF REGISTRATION; (2) DISPLAY A S*N
WHICH IDENTIFIES THE PUBLIC SOLICITOR;; AND (3) OBTAIN AND CARRY PROOF OF WRITTEN PERMITS VN
TO SOLICIT ON PRIVATE PROPERTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS A$D
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATC
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMEND*G
ORDINANCE NO. 87 -60, AS AMENDED, AS IT RELATES TO THE ISSUANCE OF PERMITS FOR CHARITAIE
SOLICITATIONS AT ROAD INTERSECTIONS BY AMENDING SECTION THREE, "EXCEPTIONS," IN ORDEWTO
ESTABLISH ADDITIONAL SAFETY REQUIREMENTS DURING CHARITABLE SOLICITATIONS AT TRAVELkD 1
ROAD INTERSECTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVID*G
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. }
Companion petition(s), if any & proposed hearing date: - None
Purchas WAr r to be charged for advertising costs: P. 0.4500130366
Review i
Division or Designee Date
List Attroposed ordinances
DISTRIBUTION INSTRUCTIONS y
A. For hearings before BCC or BZA: Initlating; person to complete one copy add obtain Division Head'approvai bbef#re
submitting to County Manager. Note: If legat; document is involved, be sure that any necessary legal riWiew, or req*st
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distriote
copies:
❑ County Manager agenda file: to ❑ Requesting Division ❑ Original
Clerk's Office
B. Other hearings: Initiating Division head.to approve and submit original to Clerk's Office, retaining a copy for ilk. E
FOR CLERK'S OFFICE USE ONLY:
Date Received: Date of Public hearing: Date Advertised:
ti
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ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 87 -609
AS AMENDED, AS IT RELATES TO THE ISSUANCE OF PERMITS FOR
CHARITABLE SOLICITATIONS AT ROAD INTERSECTIONS, BY
AMENDING SECTION THREE, "EXCEPTIONS," IN ORDER TO
ESTABLISH ADDITIONAL SAFETY REQUIREMENTS DURING
CHARITABLE SOLICITATIONS AT TRAVELED ROAD
INTERSECTIONS; 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 establish additional safety requirements during charitable solicitations at
traveled road intersections.
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:
SECTION THREE: EXCEPTIONS
F. Charitable Solicitations at Traveled Road Intersections.
1. 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
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-
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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 Department, 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 an annual 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 complete, executed standard application form to the County's Transportation. No incomplete
application shall be accepted. If the application form is not accepted by staff for any reason,
staff, not later than five (5) workdays following receipt of the application, shall inform the
applicant in writing of the reason(s) for non - acceptance. The time period for staff approval or
denial of an application shall not commence until a complete application form is accepted. Each
complete form shall be processed on a first applied -for, first processed basis. The Transportation
Department shall either deny the complete permit application (for stated reasons) or grant the
permit, within ten (10) workdays following receipt of the complete application. If the
Transportation Department does not make a final decision to approve or deny a complete
application within ten (10) workdays after staff's 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 seventy -two (72)
consecutive hours. No applicant shall request that the solicitation time period commence more
than sixty (60) calendar days after, nor sooner than fourteen (14) calendar days 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 any one time.
(ii) Military Representation. 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:
a. DD -214 or Statement of Service (Report of Separation); or
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b. Communication from military or veterans office that
contains information regarding military service or an
indication of military service.
(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 (any one fire); at least $15,000 for medical expenses (any one
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.
3. Times for in- the -road solicitations. All in- the -road solicitations must be
conducted only during Saturdays, Sundays, federal holidays and Florida holidays, and not before
7:00 a.m. nor after 7:00 p.m. No solicitation shall be conducted when rain is falling or when
there is any other activity, physical barrier or physical condition that limits the visibility of any
participant or vehicle operator.
4. Participant eligibility. Each individual participant must be at least 21 years of age,
must sign the county's informed consent and waiver, and furnish his/her signed consent and
waiver to the county's transportation department before engaging in any of the subject in -the-
road activities. Each participant must be (or have been) a fireman, police officer (including
military police), or other law enforcement officer who has been trained regarding the physical
dangers of in- the -road activity when roads are open to vehicular traffic, or other individual who
has satisfactorily completed a safety training course appropriate to safety considerations of in-
the-traveled-road activities and such course was sponsored by the National Safety Council or
other similar organization.
Participant behavior during in -the -road activity.
(i) Each participant must wear a highly visible (orange or other light
colored vest) or reflective vest whenever engaged in any in- the -road activity. Each pedestrian
shall approach only stopped vehicles and shall obey all traffic laws, traffic control devices, and
instructions from any law enforcement officer or county code enforcement officer. No
participant shall act in any unprofessional manner, including dancing, changing, or organized
singing; nor use or be under the influence of any alcoholic beverage or drug. No participant shall
persist soliciting any individual after that solicitation has been refused; nor demand, threaten or
intimidate any member of the public; nor suggest or imply that the applicant (or any participant)
is a representative of any governmental entity, or otherwise misrepresent identity, authority or
purpose.
(ii) % No more than two pedestrians may go onto the traveled road of any
two lane intersection at any one time, including one -way roads. No more than eight pedestrians
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shall at one time be in the traveled part of a divided road intersection. If more than two
pedestrians are on the traveled part of the road or intersection at any one time, the pedestrians
must at all such times be accompanied by a supervisor nearby at the intersection (and not on the
traveled surface), and the supervisor must monitor the traffic situation and applicable traffic
control devices, and audibly alert the pedestrians the instant the applicable traffic control device
changes (including left turn arrow, light turns yellow, etc.), and whenever there is any other
change in circumstances that for any safety reason reasonably necessitates instant curtailment of
the in -the -road activities.
(iii) Solicitation is limited to the vehicle operator's (left) side of the
vehicle, including on roads that have medians (or other interior raised curbs) and the pedestrian
uses such median or interior area. One single -faced or double -faced hand -held sign per
pedestrian is allowed. The permittee may have one of its operations vehicle lawfully parked at or
near the intersection, and may use the vehicle's lights, including its flashing lights, provided such
lights are usually installed on the vehicle. Except to the extent, if any, prohibited by law, the
permittee may use cones in the road to the extent the permittee deems such cones appropriate to
promote safety and no cone impedes the flow of traffic.
(iv) The following are prohibited: sound amplification, drum, bell,
tambourine, horn, and/or any other sound - making device.
(v) There shall be no charitable solicitation in the road without a
staffed, public safety vehicle present. Public safety vehicle shall be defined as any marked law
enforcement department or emergency response vehicle. The cost of the staffed public safety
vehicle shall be the oblijzation of the Solicitor.
6. Eligible intersections. In- the -road solicitation shall be permitted only at signalized
road intersections then controlled by functioning traffic control lights (which excludes
intersections controlled by flashing lights, stop signs, yield right of way signs, etc). In- the -road
solicitation is limited to instantly receiving only legal tender currency (bills and/or coins). There
shall be no solicitations at intersections where the posted speed limits exceeds 45 (forty-five)
miles per hour.
Permit suspension or revocation. If any participant is observed by a county code
enforcement officer, deputy sheriff or other authorized law enforcement officer, to be violating
any provision of this subsection or any applicable law, rule or regulation, the permit to solicit at
that specific intersection may be summarily revoked by such officer, whereby all in -the -road
activity at that intersection shall cease immediately. Staff may suspend or revoke the issued
permit to solicit whenever any requirement does not continue to exist, such as loss of federal
income tax exemption, loss of active status as a registered solicitor of contributions, lapse of
active insurance, any misrepresentation in the application (including its exhibits), or any in -the-
road activity by any participant who did not sign the county's informed consent and waiver and
have such signed consent and waiver delivered to the transportation department staff.
Appeals. Staffs denial of an application (or staffs revocation of an issued permit) may
be appealed in writing to the county manager by delivering the appeal to the county manager's
office not later than ten days after the applicant's receipt of notice of the denial or revocation.
The county manager should render a decision on the appeal not later than ten workdays after
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receipt of the appeal. The County Manager's decision. shall be the County's final action on the
appeal.
Issuance of a permit is not any endorsement by Collier County of the permittee or its
activities. Notwithstanding anything to the contrary, a permit shall not be. required for any
solicitor who falls within the parameters of the Iris Roberts Act.
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.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
LIM
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 76 -57, AS
AMENDED, RELATING TO PUBLIC SOLICITATIONS OF
CONTRIBUTIONS, BY AMENDING SECTION THREE, "REGISTRATION
OF PUBLIC SOLICITORS, IN ORDER TO REQUIRE SOLICITORS
REPRESENTING THAT THEY ARE VETERANS OF THE MILITARY TO
PROVIDE EVIDENCE OF PRESENT OR FORMER MILITARY SERVICE,
AND BY AMENDING SECTION SEVEN, "PROHIBITED ACTS," IN
ORDER TO REQUIRE A PUBLIC SOLICITOR TO (1) CARRY PROOF OF
REGISTRATION; (2) DISPLAY A SIGN WHICH IDENTIFIES THE
PUBLIC SOLICITOR; AND (3) OBTAIN AND CARRY PROOF OF
WRITTEN PERMISSION TO SOLICIT ON PRIVATE PROPERTY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 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, as subsequently amended, 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, as amended, 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,
as amended, in order to protect the public against unscrupulous solicitors, better inform the
public as to who is requesting their contributions, and require solicitors representing that they are
veterans of the military to provide evidence of present or former military service.
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. 76-57,
AS AMENDED.
Section Three of Ordinance No. 76 -57, as amended, is hereby amended as follows:
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SECTION THREE: Registration of Public Solicitors.
1. Every public solicitor which intends to solicit contributions within this County, or to
have funds solicited on its behalf, shall prior to any solicitation file a registration statement with
the clerk of the circuit court disclosing the following information:
1) The name of the public solicitor and the purpose for which contributions are being
solicited.
2) The principle address of the public solicitor and the address of any offices in this
County. If the public solicitor does not maintain an office, the name and address of the
person having custody of its financial records.
3) The names and addresses of any Chapters, branches or affiliates in the County.
4) The place where and the date when the public solicitor was legally established, the
form of its public solicitation, and a reference to any determination of its tax exempt status
under the Internal Revenue Code.
5) The names and addresses of the officers, directors, trustees and the principle salaried
executive staff officer. "
6) A financial statement which covers complete disclosure of all the fiscal activities of
the public solicitor during the three preceding years. The report shall specifically identify
the amount of funds raised and all costs and expenses incidental thereto, all publicity costs,
and the cost of allocation or disbursement of funds raised. The financial statement shall be
verified under oath and attested to by the Chief Fiscal Officer of the public solicitor.
7) Whether the public solicitor intends to solicit contributions from the public directly or
to have it done in its behalf.
8) Whether the public solicitor is authorized by any other governmental authority to
solicit contributions and whether it is or has ever been enjoined by any court from soliciting
contributions.
9) The general purpose or purposes for which the contributions to be solicited shall be
used.
10) The name or names under which it intends to solicit contributions.
11) The names of the individuals or officers of the public solicitor who will have final
responsibility for the custody of the contributions.
12) The names of the individuals or officers of the public solicitor responsible for the final
distribution of the contributions.
13) Military Representation. During registration 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:
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A. DD -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.
2. The registration forms shall be signed by an authorized officer and by the chief fiscal
officer of the public solicitor, shall be verified under oath and shall be accompanied by a $5.00
registration fee.
3. It shall be the duty of every public solicitor to furnish identification to persons who
solicit contributions from the public on behalf of the public solicitor. The person so soliciting
shall be required to have and produce or display on demand, identification indicating that the
said solicitor has been duly authorized by the public solicitor for which he is soliciting. Such
identification shall include, but not be limited to, the name of the holder of the identification and
the name and number of the certificate of registration of the public solicitor.
4. Each public solicitor shall annually on or before March 1st after the end of the
calendar year, file with the clerk of the circuit court a statement showing the financial condition
of the public solicitor as of the last day of the calendar year. The report shall be verified by a
certified public accountant or be submitted under oath by the executive officer of the public
solicitor.
SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 76 -57,
AS AMENDED.
Section Seven of Ordinance No. 76 -57, as amended, is hereby amended as follows:
SECTION SEVEN: Prohibited Acts
1. 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. Any person soliciting
in Collier County must carry proof of having filed a registration statement, and upon request
must show such proof.
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.
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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.
6 It shall be unlawful for any public solicitor to solicit funds within Collier County
without having a sign which identifies:
1) The name of the public solicitor and the purpose for which contributions are being
solicited: and
2) The principle address of the public solicitor and the address of any offices in this
County. If the public solicitor does not maintain an office, the name and address of the
person having custody of its financial records.
Such sign shall be prominently displayed at all times, and shall be no less than two square feet in
size and no more than four square feet in size.
7. It shall be unlawful for any public solicitor to solicit funds in Collier County on
private commercial property without first obtaining the he express written permission of the owner,
lessee agent or occupant of the property. Any person soliciting on private property in Collier
County must carry_proof of such written permission and upon request must show such proof.
8. The County may, but it is not limited to, enforce this ordinance through the issuance of
a citation by a notice to appear in County Court, or by arrest as provided for in Florida Statutes
ch. 901.
SECTION THREE: 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 FOUR: 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
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separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED, by the Board of County Commissioners of Collier
County, Florida, this day of _'2011.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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Acct #027354
December 19, 2011
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34112
Re: Amending Ordinances 1976 -57 and 1987 -60 regarding Public Solicitations
Dear Legals:
Please advertise the above referenced notice on Wednesday, December 28, 2011
and kindly send the Affidavit of Publication, in DUPLICATE to this Office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500130366
17A M
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on Tuesday, January 10, 2012, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
County Ordinances. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinances are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 76 -57, AS AMENDED, RELATING
TO PUBLIC SOLICITATIONS OF CONTRIBUTIONS, BY AMENDING SECTION
THREE, "REGISTRATION OF PUBLIC SOLICITORS," IN ORDER TO REQUIRE
SOLICITORS REPRESENTING THAT THEY ARE VETERANS OF THE MILITARY TO
PROVIDE EVIDENCE OF PRESENT OR FORMER MILITARY SERVICE, AND BY
AMENDING SECTION SEVEN, "PROHIBITED ACTS," IN ORDER TO REQUIRE A
PUBLIC SOLICITOR TO (1) CARRY PROOF OF REGISTRATION; (2) DISPLAY A
SIGN WHICH IDENTIFIES THE PUBLIC SOLICITOR; AND (3) OBTAIN AND
CARRY PROOF OF WRIITEN PERMISSION TO SOLICIT ON PRIVATE PROPERTY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
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 ESTABLISH ADDITIONAL SAFETY REQUIREMENTS DURING CHARITABLE
SOLICITATIONS AT TRAVELED ROAD INTERSECTIONS; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of the
agenda item to be addressed. Individual speakers will be limited
to 3 minutes on any item. The selection of an individual to speak
on behalf of an organization or group is encouraged. If recognized
by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
17 A I--'
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to
the public hearing. All material used in presentations before the
Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding; you are entitled, at no
cost to you, to the provision of certain assistance. Please contact
the Collier County Facilities Management Department, located at
3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (239)
252 -8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
17A
Teresa L. Polaski
From: Green, Amy <AGreen @Naplesnews.com>
Sent: Tuesday, December 20, 20112:31 PM
To: Teresa L. Polaski
Subject: RE: Amending Ordinances 76 -57 & 87 -60
DON
From: Teresa L. Polaski [mailto: Teresa .Polaski(a)collierclerk.com1
Sent: Tuesday, December 20, 2011 2:24 PM
To: Legals NDN
Subject: Amending Ordinances 76 -57 & 87 -60
Legals,
Please advertise the attached legal ad on Wednesday, December 28, 2011. Please reply with on ok that request was
received and is being processed. Thanks
Teresa L. Polaski, BMR Clerk III
Minutes and Records Department
239 -252 -8411
239 -252 -8408 fax
Teresa. Polaski@collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskocollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Teresa L. Polaski
From:
Green, Amy <AGreen @Naplesnews.com>
Sent:
Wednesday, December 21, 20111:29 PM
To:
Teresa L. Polaski
Subject:
Ad Confirmation
Attachments:
UAS1586 jpg
Please provide an OK to print by 9:OOam on December 22nd for publication on December 28th.
Thank You,
Naples Legals
Thank you for placing your ad.
Date
12/21/11
Publication
NDN
Account Number
503641
Ad Number
1928252
Total Ad Cost
$305.82
1
17A "
NOTICE OF INTENT 17 A t1A
TO CONSIDER ORDINANCES
Notice is hereby given that can Tuesday,. January 10, 2012, in the Boardroom, 3rd
Floor, Administration Building, €allier County Government Center, 3299 Tarniami
Trail East, Maples,, Florida, the Board of County Crainmissioners will consider the
enactment of a County Ordinances. The meeting mill commence at 9 :00 A.M. The
title of the proposed Ordinances are as ollovj5:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO, 76 -57, AS AMENDED, RELATING
TO PUBLIC SOLICITATIONS OF CONTRIBUTIONS, BY AMENDING SECTION THREE,
`REGISTRATION OF PUBLIC SOLICITORS,' IN ORDER TO REQUIRE SOLICITORS
REPRESENTING THAT THEY ARE VETERANS OF THE MILITARY TO PROVIDE
EVIDENCE OF PRESENT OR FORMER MILITARY SERVICE, AND BY AMENDING
SECTION SEVEN, 'PROHIBITED ACTS,' IN ORDER TO'REQUIRE A PUBLIC SOLICITOR
TO (f) CARRY PROOF OF REGISTRATIO , (2) DISPLAY A SIGN WHICH IDENTIFIES THE
PUBLIC SOLICITOR AND (3) OBTAIN AND CARRY PROOF OF WRIITEN PERMISSION
TO SOLICIT ON PRIVATE PROPERTY, PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES F'"ROVIONG FOR CONFLICT AND SEVERA,BILITY, AND
PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NCB 87 -60, AS AMENDED, AS IT
RELATES TO THE ISSUANCE OF PERMITS FOR CHARITABLE SOLICITATIONS AT RCIAD
INTERSECTIONS, BY AMENDING 'SECTION THREE, "EXCEPTIONS,- NS,' IN ORDER TO,
ESTABLISH ADDITIONAL SAFETY REQUIREMENTS DURING CHARITABLE
SOLICITATIONS AT TRAVELED ROAD INTERSECTIONS; PROVIDING FOR INCtUSION
IN THE COIDE or LAWS AND ORDINANCES; PROVIDING FOR CONI'LICT AND
SEV"ERABILITY; AND PROVIDING FOR AN EFFECTIVE IV,'E GATE.
Copies of the proposed Ordinance are on -tile with the Clerk to the Board and are
available for inspection, All interested parties are invited to attend and be heard
NOTE All persons wishing to speak can any agenda item must register with the
County, administrator rior to presentation of the agenda item to be addressed
Individual speakers Nvi l be limited to 3 minutes can any item. The selection of an
individual to s eak sari behalf f an organization or group is encouraged. If
recognized k t o Chairman, a spokesperson far a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
ublic hearing, In any case, written materials intended to be considered by the
card shall be submitted tQ the appropriate Counter staff a minimum of seven days
prior to the Public hearing. All material used in presentations before the Board
will become a permanent part of the record,
Any person who de=rides to appeal a decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure That a
verbatim record of the proceedings is made, which record includes the testimony
and evidence Lipson which the appeal Is based.
If you are a person with a disability who needs any accommodation in order to
participates in this proceeding; you are entitled, at no cost to you, to ,the provision
of certain assistance. Please contact the Collier County Facilities Management
Depar'tmen't, located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 341`12,
(239) 252 -8380. Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT T Y, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By Teresa Pulaski, Deputy Clerk
17A '
Teresa L. Polaski
From:
NeetVirginia <VirginiaNeet @colliergov.net>
Sent:
Wednesday, December 21, 20113:02 PM
To:
Teresa L. Polaski
Cc:
Williams, Steven
Subject:
RE: Ad Confirmation
Looks good. Thank you.
Dinny
- - - -- Original Message---- -
From: Teresa L. Polaski fmailto:Teresa.Polaski @collierclerk.com
Sent: Wednesday, December 21, 20113:01 PM
To: NeetVirginia
Subject: FW: Ad Confirmation
Corrected proof, please ok.
- - - -- Original Message---- -
From: Green, Amy fmailto:AGreen @Naplesnews.coml
Sent: Wednesday, December 21, 20113:00 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
I've completed both edits, attached. Please provide an OK to print by 9:OOam on Thursday.
Thank You,
Naples Legals
Thank you for placing your ad.
Date
12/21/11
Publication
NDN
Account Number
503641
Ad Number
1928252
Total Ad Cost
$305.82
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named
addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the
intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained
in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of
the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by
emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The
NOTiCE OF iNTENT 17 A
TO CONSIDER ORDINANCES
Notice is hereby given that on Tuesday, January 110, 2012, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 Tarmami
Trail East, Naples, Florida, the Board of County Commissioners yvill consider the
enactment cif a County Ordinances. The meeting will commence at :00 A.M. The
title of the proposed Ordinances areas follovis:
'AN ORDINANCE OF THE BOARD? OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 76 --57, AS AMENDED, RELATING
TO PUBLIC SOLICITATIONS OF CONTRIBUTION'S, BY AMENDING SECTION THREE,
'REGISTRATION OF PUBLIC SOLiCITORS,' IN ORDER TO REQUIRE SOLICITORS
REPRESENTiNG THAT THEY ARE VETERANS OF THE MILITARY TO PROVIDE
EVIDENCE OF PRESENT OR FORMER MILITARY SERV.iCE, AND BY AMENDING
SECTION SEVEN, 'PROHiBiTED ACTS," IN ORDER TO'REQLIIRE A PUBLIC SOLICITOR
TO (1) CARRY PROOF OF REGiSTRATION; (2) DISPLAY A SIGN WHICH IDENTIFIES THE
PUBLIC S0UCITOR; AND (3) OBTAIN AND CARRY PROOF OF WRITTEN PERMISSION
TO SOLICIT ON PRIVATE PROPERTY, PROVIDING FOR INCLUSiON IN THE COME OF
i_AWS AND ORDINANCES; PROVIDING F013 CONFLICT AND SEVERABILITY, AND
PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMiSSIONERS OF COLLi`Ef
COUNTY, FLORIDA, AMENDING ORDINANCE NO, 87 -60, AS AMENDED, AS IT
RELATES TO THE ISSUANCE OF PERMITS FOR CHARITABLE SOLICITATiONS AT ROACH
INTERSECTIONS, BY AME14DING SECTiON THREE °E CEPTiONIS,- IN ORDER TO,
ESTABLISH ADDITIONAL SAFETY REQUIREMENTS DURING CHARITABLE
SOLICITATIONS AT TRAVELED ROAD INTERSECTIONS; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on file with the Clerk to the Board and are
available for inspection, All interested pagies are invited to attend and be heard,
NOTE: All persons wishing to speak on any agenda item mint register with the
County administrator prior to presentation of the agenda item to I >e addressed.
Individual speakers will Ise limited to 3 minutes can any item. The selection of an
individual to sppeak on behalf of an organization car group is encouraged. If
recognized dye = Chairman, a spokesperson for a group or organi ation may be
allotted 10 minutes to speak on an item.
Persons wishing to have uvritten or graphic materials included in the Board agenda
packets mush submit said material a minimum of 3 weeks prier to the respective
ublic hearing. In any case, written materials intended to be considered by the
oard shall be submitted to the appropriate County staff- a minimum of seven days
prior tcj the public hearing All material used in p'resentatiomi before the Board
will become a permanent part of the record,
Any person who decides to appeal a decision of t he Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure That a
verbatim record of the proceedings is made, which record includes the testirr bny
and evidence upon which the appeal is based.
If you are a person with a disahii'lity who reeds any accommodation in order to
participate in this proceeding; yiou are entitled, at no cost to }tau, to the provision
of certain assistance. Please contact the Collier Count} Facilities Managern nt
Department, loo -ated at 3335 Tamiami Trail East, Suite 101, Naples, Florida' 34112.
(2-39) 252 -8380. Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED CO'YLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By Teresa Polaski, Deputy Clerk,
(SEAL)
17 A •,
Teresa L. Polaski
From:
Sent:
To:
Subject:
Martha S. Vergara
Wednesday, December 28, 20117:49 AM
Teresa L. Polaski
FW: Thank you for placing your classified advertisement.
From: Naples Daily News [ mailto :naplesnews @clicknbuy.com]
Sent: Tuesday, December 27, 2011 11:08 PM
To: Martha S. Vergara
Subject: Thank you for placing your classified advertisement.
Ad #1928252
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Tuesday, January 10,
2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299
Tamiami Trail East, Naples, Florida, the Board of County Commissioners will consider the enactment of a
County Ordinances. The meeting will commence at 9:00 A.M. The title of the proposed Ordinances are as
follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 76 -57, AS AMENDED, RELATING TO PUBLIC
SOLICITATIONS OF CONTRIBUTIONS, BY AMENDING SECTION THREE, "REGISTRATION OF
PUBLIC SOLICITORS," IN ORDER TO REQUIRE SOLICITORS REPRESENTING THAT THEY ARE
VETERANS OF THE MILITARY TO PROVIDE EVIDENCE OF PRESENT OR FORMER MILITARY
SERVICE, AND BY AMENDING SECTION SEVEN, "PROHIBITED ACTS," IN ORDER TO REQUIRE A
PUBLIC SOLICITOR TO (1) CARRY PROOF OF REGISTRATION; (2) DISPLAY A SIGN WHICH
IDENTIFIES THE PUBLIC SOLICITOR; AND (3) OBTAIN AND CARRY PROOF OF WRITTEN
PERMISSION TO SOLICIT ON PRIVATE PROPERTY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. 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
ESTABLISH ADDITIONAL SAFETY REQUIREMENTS DURING CHARITABLE SOLICITATIONS AT
TRAVELED ROAD INTERSECTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. Copies of the proposed Ordinances are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to
speak on any agenda item must register with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to
speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or
graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior
17A
to the respective public hearing. In any case, written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material
used in presentations before the Board will become a permanent part of the record. Any person who decides to
appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to
participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101,
Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL)
December 28, 2011 No. 1928252
You also have the exciting option to enhance your online advertisement with extended text, photos and even
multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online
shoppers that visit our classified section every day. You can also choose to add shipping and delivery options
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Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos
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If you need any assistance with your advertisement, please contact our classifieds department. 239 - 263 -4700
Thank you for using naplesnews.com Online Classifieds.
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared MarvLvnn Roeller, who on oath says that she serves
as the Advertising Accounting Manager of the Naples Daily News,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on December 28, 2011
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier Count}. Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida-, distributed in Collier and Lee counties of Florida.
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication of the attached copy of
advertisement: and affiant further says that he has neither paid nor
promised any person. firm or corporation any discount, rebate..
commission or refund for the purpose of securing this advertisement for
p bl� the newspap
U
( Signature affi t)
Sworn to and subscribed before me
This 30th day of December, 2011
k�InZ t &W4-0
(Signature of notary public)
•"`• KAROL E KANGAS
Notary Public - State of Florida
My Comm. Exilikes Jul 29, 2013
•,,o �ra '` CommiaNan fF DD 912237
17A
NOTICE OF INTENT
TO CONSIDER ORDINANCES
Notice is hereby ggiven that on Tuesday, January 10, 2012, in the Boardroom, 3rd
Floor, Administration Building Collier County Government Center, 3299 Tamiami
Trail East, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinances. The meeting wlll commence at 9:00 A.M. The
title of the proposed Ordinances are as follows: ,
AN ORDINANCE OF THE _ BOARD_ OF COUNTY COMMISSIONERS � OF Q COWER
EVIDENCE E OF PRESENT OR' FORMER MILITARY SEA
SECTION SEVEN, 'PROHIBI D ACTS," IN ORDER TO R
TO (1) CARRY PROOF OF REGISTRATION; (2) DISPLAY A
ru-1 v AbVIDING FOR INCLUSION IN THE CODE OF
TO SOLICIT ON PRIVATE PROPERTY;
LAWS AND ORDINANCE$ PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
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
INTERSfCT1pNS BY AMENDING SECTION THREE, EXCEPTIONS,' IN ORDER TO
ESTAO,US . ADDITIONAL SAFETY REQUIREMENTS DURING CHARITABLE
SOLICITATIONS AT TRAVELED ROAD INTERSECTIONS; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS.'AND ORDINANCES; PROVIDING FOR CONPUCT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on fife with the Clerk to the Board and are
available for inspection. All interested parties are Invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County admmistrafor prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 9 minutes on any item. The selection of an
indi'vid'ual to tln ,behalf of an organization or group it encouraged. If
recognized by�ro Chalrmali a a esperson for a group or organization may be
allotted 10 minutes to speak on an tern.
Persons wishing to have Written or graphic materials Included in the Board agenda
packets must submit said, material a minimum of 3 weeks prior to ,the respective
pubhchearing. In any case, written materiak. intended, to be considered by She
Board shall be submrctad to the appropriate County staff a minimum of seven days
prior to the public hearing- AN material used in presentations before the Board
will become a permanent part of the record.
Any person who �cides to appeal a decision of the Board wilt need a record of
the proceedings : AItaining thereto .and therefore, may need to ensure that a
verbatim record' of- the proceedings Is made, which record includes the testimony
and evidence upon which the appeal is based.
if you are a person with a disability who needs any accommodation in order to.
participate in this proceeding; you are. entitled, at no cost to you, to. the provision
of certain assistakf• .Please contact the Collier County ,Facilities Management
Department, located of 3335 Tamiamt Trail East, Suite 101, Naples, Florida 34112,
(239} 252 931f listening. devices for the hearing, impaired Are. available in
the Coulaty Cann)jrs Office'
R R NTY sMISWN6RSCOL COl T' I .
FRED COYLE, CHAIRMAN '
DWIGHT E. BROCK, CLERK
By: Teresa polaskl; Deputy Clerk
her A 2nt1, Ne.1929252
17A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routine lines #1 through #4_ comnlete the checklist and forward to Sne Filsnn (line #5)
Route to Addressee(s)
List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
2.
1/10/12
Agenda Item Number
17. A
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jeffrey A. Klatzkow, County Attorney
County Attorney
JAK
1/11/2012
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
I/C__It
Iz
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -8400
Contact
appropriate.
(Initial)
Agenda Date Item was
1/10/12
Agenda Item Number
17. A
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Ordinance amending Ord. No. 87- 60.&a-
Number of Original
TWO
Attached
Ordinance amending Ord. No 76 -57
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
JAK
—Applicable)
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAK
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAK
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
JAK
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 10/25/11 and all changes made during
JAK
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
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ORDINANCE NO. 2012 - 01
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 76 -57, AS
AMENDED, RELATING TO PUBLIC SOLICITATIONS OF
CONTRIBUTIONS, BY AMENDING SECTION THREE, "REGISTRATION
OF PUBLIC SOLICITORS," IN ORDER TO REQUIRE SOLICITORS
REPRESENTING THAT THEY ARE VETERANS OF THE MILITARY TO
PROVIDE EVIDENCE OF PRESENT OR FORMER MILITARY SERVICE,
AND BY AMENDING SECTION SEVEN, "PROHIBITED ACTS," IN
ORDER TO REQUIRE A PUBLIC SOLICITOR TO (1) CARRY PROOF OF
REGISTRATION; (2) DISPLAY A SIGN WHICH IDENTIFIES THE
PUBLIC SOLICITOR; AND (3) OBTAIN AND CARRY PROOF OF
WRITTEN PERMISSION TO SOLICIT ON PRIVATE PROPERTY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 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, as subsequently amended, 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, as amended, 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,
as amended, in order to protect the public against unscrupulous solicitors, better inform the
public as to who is requesting their contributions, and require solicitors representing that they are
veterans of the military to provide evidence of present or former military service.
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. 76 -57,
AS AMENDED.
Section Three of Ordinance No. 76 -57, as amended, is hereby amended as follows:
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SECTION THREE: Registration of Public Solicitors.
1. Every public solicitor which intends to solicit contributions within this County, or to
have funds solicited on its behalf, shall prior to any solicitation file a registration statement with
the clerk of the circuit court disclosing the following information:
1) The name of the public solicitor and the purpose for which contributions are being
solicited.
2) The principle address of the public solicitor and the address of any offices in this
County. If the public solicitor does not maintain an office, the name and address of the
person having custody of its financial records.
3) The names and addresses of any Chapters, branches or affiliates in the County.
4) The place where and the date when the public solicitor was legally established, the
form of its public solicitation, and a reference to any determination of its tax exempt status
under the Internal Revenue Code.
5) The names and addresses of the officers, directors, trustees and the principle salaried
executive staff officer.
6) A financial statement which covers complete disclosure of all the fiscal activities of
the public solicitor during the three preceding years. The report shall specifically identify
the amount of funds raised and all costs and expenses incidental thereto, all publicity costs,
and the cost of allocation or disbursement of funds raised. The financial statement shall be
verified under oath and attested to by the Chief Fiscal Officer of the public solicitor.
7) Whether the public solicitor intends to solicit contributions from the public directly or
to have it done in its behalf.
8) Whether the public solicitor is authorized by any other governmental authority to
solicit contributions and whether it is or has ever been enjoined by any court from soliciting
contributions.
9) The general purpose or purposes for which the contributions to be solicited shall be
used.
10) The name or names under which it intends to solicit contributions.
11) The names of the individuals or officers of the public solicitor who will have final
responsibility for the custody of the contributions.
12) The names of the individuals or officers of the public solicitor responsible for the final
distribution of the contributions.
13) Military_ Representation. During registration 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:
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A. DD -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
2. The registration forms shall be signed by an authorized officer and by the chief fiscal
officer of the public solicitor, shall be verified under oath and shall be accompanied by a $5.00
registration fee.
3. It shall be the duty of every public solicitor to furnish identification to persons who
solicit contributions from the public on behalf of the public solicitor. The person so soliciting
shall be required to have and produce or display on demand, identification indicating that the
said solicitor has been duly authorized by the public solicitor for which he is soliciting. Such
identification shall include, but not be limited to, the name of the holder of the identification and
the name and number of the certificate of registration of the public solicitor.
4. Each public solicitor shall annually on or before March 1 st after the end of the
calendar year, file with the clerk of the circuit court a statement showing the financial condition
of the public solicitor as of the last day of the calendar year. The report shall be verified by a
certified public accountant or be submitted under oath by the executive officer of the public
solicitor.
SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 76 -57,
AS AMENDED.
Section Seven of Ordinance No. 76 -57, as amended, is hereby amended as follows:
SECTION SEVEN: Prohibited Acts
1. 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. Any person soliciting
in Collier County must carry proof of having filed a registration statement, and upon request
must show such proof.
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.
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17A
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.
6. It shall be unlawful for any public solicitor to solicit funds within Collier County
without having _a Sign which identifies:
1) The name of the public solicitor and the purpose for which contributions are being
solicited; and
2) The principal address of the public solicitor and the address of any offices in this
County. If the public solicitor does not maintain an office, the name and address of the
person having g ustody of its financial records.
Such sign shall be prominently displayed at all times, and shall be no less than two square feet in
size, and no more than four square feet in size.
7. It shall be unlawful for any public solicitor to solicit funds in Collier County on
private commercial property without first obtaining the he express written permission of the owner,
lessee, agent or occupant of the property. Any person soliciting on private property in Collier
County must carry proof of such written permission, and upon request must show such proof.
8. The County may, but it is not limited to, enforce this ordinance through the issuance of
a citation, by a notice to appear in County Court, or by arrest as provided for in Florida Statutes
ch. 901.
SECTION THREE: 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 FOUR: 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
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17A
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 10 day of OW, u. , 2012.
� A Apt
ATTEST-'% »�� ,�� BOARD OF COUNTY COMMISSIONERS
DWIGH3 BIQGI;; ARK COLLIER COUNTY, FLORIDA
By: LIO
FRED W. COYLE, CHAIRVAN
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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 2012 -01
17A
Which was adopted by the Board of County Commissioners
on the 10th day of January, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of January, 2012.
DWIGHT E. BROCK
Clerk of Courts and Qlerk
Ex- officio to Boar -
County Commissb""
By: Martha- V�g
Deputy
17A
ORDINANCE NO. 2012 -0 2
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
ESTABLISH ADDITIONAL SAFETY REQUIREMENTS DURING
CHARITABLE SOLICITATIONS AT TRAVELED ROAD
INTERSECTIONS; 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 establish additional safety requirements during charitable solicitations at
traveled road intersections.
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:
SECTION THREE: EXCEPTIONS
F. Charitable Solicitations at Traveled Road Intersections.
1. 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
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-
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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 Department, 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 an annual 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 complete, executed standard application form to the County's Transportation. No incomplete
application shall be accepted. If the application form is not accepted by staff for any reason,
staff, not later than five (5) workdays following receipt of the application, shall inform the
applicant in writing of the reason(s) for non - acceptance. The time period for staff approval or
denial of an application shall not commence until a complete application form is accepted. Each
complete form shall be processed on a first applied -for, first processed basis. The Transportation
Department shall either deny the complete permit application (for stated reasons) or grant the
permit, within ten (10) workdays following receipt of the complete application. If the
Transportation Department does not make a final decision to approve or deny a complete
application within ten (10) workdays after staff's 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 seventy -two (72)
consecutive hours. No applicant shall request that the solicitation time period commence more
than sixty (60) calendar days after, nor sooner than fourteen (14) calendar days 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 any one time.
(ii) Military Representation. 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:
a. DD -214 or Statement of Service (Report of Separation); or
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17A
b. Communication from military or veterans office that
contains information regarding military service or an
indication of military service.
(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 (any one fire); at least $15,000 for medical expenses (any one
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.
3. Times for in- the -road solicitations. All in- the -road solicitations must be
conducted only during Saturdays, Sundays, federal holidays and Florida holidays, and not before
7:00 a.m. nor after 7:00 p.m. No solicitation shall be conducted when rain is falling or when
there is any other activity, physical barrier or physical condition that limits the visibility of any
participant or vehicle operator.
4. Participant eligibility. Each individual participant must be at least 21 years of age,
must sign the county's informed consent and waiver, and furnish his/her signed consent and
waiver to the county's transportation department before engaging in any of the subject in -the-
road activities. Each participant must be (or have been) a fireman, police officer (including
military police), or other law enforcement officer who has been trained regarding the physical
dangers of in- the -road activity when roads are open to vehicular traffic, or other individual who
has satisfactorily completed a safety training course appropriate to safety considerations of in-
the- traveled -road activities and such course was sponsored by the National Safety Council or
other similar organization.
5. Participant behavior during in- the -road activity.
(i) Each participant must wear a highly visible (orange or other light
colored vest) or reflective vest whenever engaged in any in- the -road activity. Each pedestrian
shall approach only stopped vehicles and shall obey all traffic laws, traffic control devices, and
instructions from any law enforcement officer or county code enforcement officer. No
participant shall act in any unprofessional manner, including dancing, changing, or organized
singing; nor use or be under the influence of any alcoholic beverage or drug. No participant shall
persist soliciting any individual after that solicitation has been refused; nor demand, threaten or
intimidate any member of the public; nor suggest or imply that the applicant (or any participant)
is a representative of any governmental entity, or otherwise misrepresent identity, authority or
purpose.
(ii) No more than two pedestrians may go onto the traveled road of any
two lane intersection at any one time, including one -way roads. No more than eight pedestrians
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17A
shall at one time be in the traveled part of a divided road intersection. If more than two
pedestrians are on the traveled part of the road or intersection at any one time, the pedestrians
must at all such times be accompanied by a supervisor nearby at the intersection (and not on the
traveled surface), and the supervisor must monitor the traffic situation and applicable traffic
control devices, and audibly alert the pedestrians the instant the applicable traffic control device
changes (including left turn arrow, light turns yellow, etc.), and whenever there is any other
change in circumstances that for any safety reason reasonably necessitates instant curtailment of
the in- the -road activities.
(iii) Solicitation is limited to the vehicle operator's (left) side of the
vehicle, including on roads that have medians (or other interior raised curbs) and the pedestrian
uses such median or interior area. One single -faced or double -faced hand -held sign per
pedestrian is allowed. The permittee may have one of its operations vehicle lawfully parked at or
near the intersection, and may use the vehicle's lights, including its flashing lights, provided such
lights are usually installed on the vehicle. Except to the extent, if any, prohibited by law, the
permittee may use cones in the road to the extent the permittee deems such cones appropriate to
promote safety and no cone impedes the flow of traffic.
(iv) The following are prohibited: sound amplification, drum, bell,
tambourine, horn, and /or any other sound - making device.
(v) There shall be no charitable solicitation in the road without a
staffed, public safety vehicle present. Public safety vehicle shall be defined as any marked law
enforcement department or emergency response vehicle. The cost of the staffed public safety
vehicle shall be the obligation of the Solicitor.
6. Eligible intersections. In- the -road solicitation shall be permitted only at signalized
road intersections then controlled by functioning traffic control lights (which excludes
intersections controlled by flashing lights, stop signs, yield right of way signs, etc). In- the -road
solicitation is limited to instantly receiving only legal tender currency (bills and /or coins). There
shall be no solicitations at intersections where the posted speed limits exceeds 45 (forty-five)
miles per hour.
Permit suspension or revocation. If any participant is observed by a county code
enforcement officer, deputy sheriff or other authorized law enforcement officer, to be violating
any provision of this subsection or any applicable law, rule or regulation, the permit to solicit at
that specific intersection may be summarily revoked by such officer, whereby all in- the -road
activity at that intersection shall cease immediately. Staff may suspend or revoke the issued
permit to solicit whenever any requirement does not continue to exist, such as loss of federal
income tax exemption, loss of active status as a registered solicitor of contributions, lapse of
active insurance, any misrepresentation in the application (including its exhibits), or any in -the-
road activity by any participant who did not sign the county's informed consent and waiver and
have such signed consent and waiver delivered to the transportation department staff.
Appeals. Staffs denial of an application (or staffs revocation of an issued permit) may
be appealed in writing to the county manager by delivering the appeal to the county manager's
office not later than ten days after the applicant's receipt of notice of the denial or revocation.
The county manager should render a decision on the appeal not later than ten workdays after
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17A
receipt of the appeal. The County Manager's decision shall be the County's final action on the
appeal.
Issuance of a permit is not any endorsement by Collier County of the permittee or its
activities. Notwithstanding anything to the contrary, a permit shall not be required for any
solicitor who falls within the parameters of the Iris Roberts Act.
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.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _J0 day of CLm LL , 2012.
ATTEST:...", ,o��,.,�r, "..
DWIGI��,IX ;'LER]
By:
and
J
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: "J"k LJ,
FRED W. COYLE, CHAIRMAN
Page 5 of 5
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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 2012 -02
17A
Which was adopted by the Board of County Commissioners
on the 10th day of January, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of January, 2012.
DWIGHT E. BROCK
Clerk of CourtsC,l.erk
Ex- officio to- RO
County Comm 66 t'6 ' i > 'lil ?
By: Martha V rte•
Deputy (�lr,