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Backup Documents 03/23/2010 Item #17B To: Clerk to the Boar~:" Please place the following as a: o Other: (i) 178 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ~ Nonnallegal Advertisement (Display Adv., location, etc.) ***************--*******-*************************-******************************************************* Originating DepV Div: County Attorney Offiee Person: Jeffrey A. Klatzkow, County Attorney Date: March 5,2010 Petition No. (If none. give brief description): Amendments to Ord. Nos. 76-57 and 87-60, as amended (Public Solicitors) Petitiooer: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before BCC BZA Other VA tJ ~h,,"'\lO Requested Heariog date: (Based on advertisement appearing 10 days before hearing. 4ttM9 BCC Meetiug. To be advertised uo later than FRIDAY, AYKib 1, 2010) '"""'"-~\-z..l Newspaper(s) to be used: (Complete only if important): ~ Naples Daily News 0 Other o Legally Required Proposed Text: (Include legal description & common location & Size: 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 PROmBIT 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 CONFLIcr 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 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. NOTE: PLEASE REVISE REMAiNDER OF AD TO REFLECT MULTiPLE ORDINANCE~ Companion petition(s), if any & proposed hearing date: N/A Does Pe tion Fee include advertising cost? 0 Yes ~ No Review d --...~~'~ If Yes, what account should be charged fur advertising costs: 001-100510-649100 - P.O. 4500110664 A:-~C<o<61~Y; ator or eSlgnee lJate 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 Manag~r's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Dlvisiou o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file, *********************************************************************************************************** FOR CLERK'S OEfICE USE ONLY, Date Received: B-'o - OD..JD Date o[Public hearing:.B-if31 0 Date Advertised:~' /reI 0 _.~-'-'-,,-~~---~-~----,- Patricia L. Morgan 178 From: Sent: To: Subject: Attachments: Hutch i n son Barbetta [BarbettaH utch inson@colliergov.net] Friday, March 05, 2010 10: 19 AM Minutes and Records; NeetVirginia Legal Advertising Legal Advertising.pdf Under Florida Law. e~m8il Addresses Are pUhlic f0cords if you do not \NiHlt YOlil crrl1i1 ,jc!drcss '-',)ICil,;('d IIl!i,,:pOW;c to;1 pubiic rec(Jrd" H:1quesl, ria ;,und electronic mail 10 this entity, Inslea(L contdct this office by tdephone Oi in wrl!il~q 178 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, "PROmBITED ACTS," IN ORDER TO PRomBIT 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 December 14, ] 976, 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 ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 76-57. Sectioo Seven of Ordinance No. 76-57 is hereby amended as follows: SECTION SEVEN: Prohibited Acts J- Words underlined are added; Words strue]( tl-.:eugh are deleted. w 178 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 makc any representation that he is soliciting contribu1ions 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 militarv. or wear a military unifonn or other indication of militarY service. when the solicitor is neither a present nor a fanner . 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, F]orida. 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 underlined are added; Words atRial: thrBl;Igfl are deleted. 178 ,. 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, F]orida, this _day of ,2010. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN App ove as to form and gal lcien;:;:; -_..<,,""-'~' Jeffre Coun 3 - Words underlined are added; Words 3tRiel( thfeHgh are deleted. "_'_.'~-"-_'"--,.~_.,.-..",..........-..--_.,--.._,--- 17S , ... 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 unifonn 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 mE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA 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 struele threugh are deleted. 178 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 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 (lO) workdays after staffs receipt of the application (including proof of required insurance), the application shall be deemed to be approved. Each permit application mus1 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 anyone time. (ii) Military Uniform. Organizations whose solicitors reoresent that thev are veterans of the military. or wear a military uniform or a distinctive Dart of a military uniform must orovide evidence of ore sent or former military service for each solicitor. Evidence that will be accepted includes. but is not limited to: 2 Words underlined are added; Words struek through are deleted. '--""--~.'."---"-~~._"-'~"."'.'-""---'- "--'-~--~--'--"-----~,~-,,-- 178 a. DD-2I4 or Statement of Service (Reoort 9fSeoaration): or b. Communication from military or veterans office that contains information regarding military service or an indication of military service. W (Hi) 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 $ I 5,000 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 renwnbered 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 Sta1e. 3 Words underlined are added; Words slmok lhfBugllBre deleted. .~'.~._--"-~'.~_._---._---,.~ 17e "1 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier COWlty, Florida, this _day of ,2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and Ie sufficiency: .--..- " Jeffreyj' County tto. ey :1 4 Words underlined are added; Words stroelc tht"eegh are deleted. _..__.".~,.._----^ 17 B f Acct #068784 March 8, 2010 Attn: Legals Naples News Media Group 1100 lmmokalee Road Naples, Florida 34110 Re: Amending Ordinances 76-57 & 87-60 Dear Legals: Please advertise the above referenced notice on Friday, March 12,2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann J ennej ohn, Deputy Clerk P.O. #4500110664 178 NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 23, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The titles of the proposed Ordinance(s) are as follows: 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. 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. Copies of the proposed Ordinances and are available for inspection. attend and be heard. are on file with the Clerk to the Board All interested parties are invited to 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 Chair, 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 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 .. 178 the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, 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 W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn 178 i From: Sent: To: Subject: Attachments: Ann P. Jennejohn Monday, March 08, 2010 9:48 AM Naples Daily News Legals Ordinances Amending 76-57 & 87-60 Amending Ordinances 76-57 & 87-60.doc; Amending 76-57 & 87-60.doc Good Morning, Please advertise the attached on Friday, March 12. 2010. Thank you. Ann J ennejohn, Deputy Clerk Clerk to the BCC/VAB Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (fax) 1 178 Ann P. Jennejohn From: Sent: To: Subject: postmaster@collierclerk.com Monday, March 08, 2010 9:48 AM Ann P. Jennejohn Delivery Status Notification (Relay) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. I eQa Is@naplesnews.com 1 17P Ann P. Jennejohn From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Monday, March 08, 2010 9:52 AM Ann P. Jennejohn RE: Ordinances Amending 76-57 & 87-60 ok From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com] Posted At: Monday, March 08, 2010 9:48 AM Posted To: Legals - NDN Conversation: Ordinances Amending 76-57 & 87-60 Subject: Ordinances Amending 76-57 & 87-60 Good Mornin9, Please advertise the attached on Friday. March 12. 2010. Thank you. Ann J ennejohn, Deputy Clerk Clerk to the BCC/VAB Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (fax) Please visit us on the web at y..rww.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 emailinghelodesk@lcollierclerk.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. 1 Ann P. Jennejohn 17p From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews.coml Monday, March 08, 20109:56 AM Ann P. Jennejohn Ad Confirmation UASA2D.jpg ATTACHED please review your notice & confirm approval via emai!. Emely Pagan: 239-213-6061 Thank you for placing yaur ad. PUB. Date MAR. 12, 2010 Publication NDN Ad Number 1843566 Total Ad Cost $290.34 1 NOTICE OF INTENTTO CONSIDER ORDINANCES 1 7 B Notice is hereby given that the Board of COkmty Commissioners of CoTIler County will hold" publIC hearing on Tuesday. March 23. 2010, In the Boardroom. 3rd Floor. Administr<ltlon BLlrlding, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida The meeting will begin at 9.00 A.M. The titles of the pro- posed Ordinance(s) are as Tallows: 1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN- TY. FLORIDA. AMENDING ORDINANCE NO. 76-57. RELATING TO PUBLIC SOLICITA- TIONS OF CONTRIBUTIONS, BY AMENDING SECTION SEVEN. "PROHIBITED ACTS." IN ORDER TO PROHIBIT A PUBLIC SOLICITOR FROM MISREPRESE~.mNG 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. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLlEH COUN- TY, FLORIDA, AMENDING ORDlNMJCE NO 87-60. AS AMENDED, AS IT RELATES TO THE ISSUANCE OF I'ERMITS FOR CHARITABLE SOLlClTATIONS.AT ROAD INTERSEC- TIONS. BY AMENDING SECTION THREE. "EXCEPTIONS." IN ORDER TO I~EQUIRE OR- GANIZATIONS WHOSE 50LlCITOI~S REPRESENT THAT THEY ME VETERANS OF THE MILITARY, Oil WEAR A MILITARY Ur'JIFORt.., OR A DISTINCTIVE PART OF A MILI- T ARY UNIFORM TO PIIOVIDE EVIDENCE OF I)RESENT OR FORMER MILlTAHY SERV- ICE FOR EACH SOLICITOR; PROVIDING I~OR INCLUSION IN THE CODE OF Ll\WS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY: AND PROVID- ING FOR AN EFFECTIVE DATE. Copies 01 the proposed Ordino1ltlC"" are on file WIth the Clerk to the 80ard and are available for inspection. All Interested panles are InVited to attend and b,e heard. NOTE: All Persons Wishing 10 speak on any agenda Item must register with the County Admmistrator pnor to presentation of the agenda Hem to be addl'essed. Individual speakers will be limited to 3 minutes on any item The selection of an in- divldl.Jal to speak on behalf of an organization 01 group IS encouraged, If recog- nized by the Chair, a spokesperson lor a group or organization may be. allotted 10 rlllll utes to speak on an item, Persons wishrng to halle written 01 graphic m,nerials induded in The Board agenda packets must submit said material a minimllm of 3 weeks prior lO the respective publ ic hearing In any case, written m.aterials rntended to be considered by the Board shall be submitted to the appropriatE! COlmt.y staff a minrmum at seven days prior to the pubHc hearing. All material used in presentations betore the Board will become a permanent Pilrt ot the record. Any persan who decides to appeal a deci:.lon of the BOilrd will n.:ed a record Dfths proceedings pertaining thereto and therefore, rnay need to en5ure that a verbatirTl record af The proceedings 15 r:nade, which record includes the testimony and evi- dence upon which the appeal IS based. If you are a person .with a disability who nE'eds ilny acmmmodation In Drderto par. ticipatE' in this proceeding; you are entitled, at no cost to you, to the proVision 01 CE'ltai.n assistance. Pleilse contact the Collier County Facilities Management Deeart, ment, located at 3301 Tamiami Trail East, Buildinj;l W, Naples, Florida 34112, (239) 252-8380. Assi.sted listenin,9 devices for the heanng impaired are available in The County Commissioners' Office BOARD OF COUNTY COMIVIISSIONERS COLLIER COUNTY. FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E BROC.K. CLERK By: Ann J€nnejohn, Deputy Clerk (SEALl March 11. 2010 No1843566 ~"'----'-'"'-~--~"" .'''.'''-'','~'->,''-_,_--~,,"-'~---,,,,,,,,,-,,--~,'''..__.,-~-~~-,,"..'<=><'."_.'-~"" Ann P. Jennejohn 178 .\ From: Sent: To: Subject: Naples Daily News [naplesnews@clicknbuy.com] Friday, March 12, 2010 12:21 AM Ann P. Jennejohn Thank you for placing your classified advertisement. Ad # 1843566 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 the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 23, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Thc titles of the proposed Ordinance(s) are as follows: 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 [S 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. 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 CHARIT ABLE SOLICIT A TIONS 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 MILIT ARY UNIFORM TO PROVIDE EVIDENCE OF PRESENT OR FORMER MILITARY SERVICE FOR EACH SOLICITOR; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposcd Ordinances arc 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 spcakers 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 Chair, 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 agcnda packcts must submit said material a minimum of 3 weeks prior 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 pernlanent part of the record. Any person who decides to appeal a decision of the Board will need a rccord 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 thc 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 3301 Tamiami Trail East, Building W, Naples, Florida 341 12, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioncrs' Officc. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. 1 BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) March 12,2010 Nol843566 17B j 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 for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video/audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: http://secure.adpav.com/adwizard login.aspx?I=I5445480, if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700 Thank you for using naplesnews.com Online Classifieds. 2 Naples Daily News Naples, FL 34110 178 Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ BCC/CDES BUDGET OFFICE CLERK OF CIRC. COURT POBOX 413044 NAPLES FL 34101 REFERENCE: 068784 59610201 #4500110664 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, persona appeared Phil Lewis, who on oath says that serves as the Editor and Vice President of Naples Daily News, a daily newspaper publis Naples, in Collier County, Florida: that tt attached copy of advertising was published i newspaper on dates listed. Affiant further says that the said Naples News is a newspaper published at Naples, in Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, E day and has been entered as second class mai matter at the post office in Naples, in saie Collier County, Florida, for a period of 1 1 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 t purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 03/12 AD SPACE: FILED ON: 98 LINE 03/12/10 NOT1Cl ~ INTEttt'm CONSloe~ORDiNANcE5 , NotiCe is herebyglilfn '~th& BoMd-Qf:CoIintY,C4mmbsioners of Collier C~l\ty wl:lthold a public hearing oq;Tuftday;~'..~,in the B,oardroom. . ,3rd FI'oOr, Administration Building,: QlUjill' 'C::oUntv" GOvtmn'l8ntCenter, 3301 ,East,'Tamlaml Tral1. Naples; Florida.. ~ff'lHtJngwtn begin at 9:00 A~M. The tltl,es of the -pro- posed_Ori:linance(s) areas.fof\o:iNl;: AN ORDINANCE OF THE 8.RDOFCO\mTY c'OMMI551QNERS QF COllIER (PUN- ~L:~~D~&,G,~NANCE NO. 7:&~~~,~~~L~l(lt~; Iff~?O'A;. "fIROM:'MISRE~tR.M' ';Olil SHE 15 A VETERAN QF:1)tE ,9ROVtDlJ'IG '.00. ft'INClU5IQNJN THE COD ::_OF LAWS AN!) OlttllNANaS. ", ' FOR,c!ONfl,;ICT' ANDUVERAsI\.ITY; AND PROVIDING FORAN EFFeC11V!_tm " , AN OROINANCE OF THE OF COUflftY (~NER$ OF COLUER' COUN~ TV. FLORIDA. AMENDING At<lCE: NQ~.' 8877. "1f-.AhiI.' END-ED, As 11' IULA1'fS,TO, THEISSUANCf,OF ,1'1: t~ITA;II:E" , , ATRQAD'-C. TIONS, BY AMENblN<3 THfl:O;',~ _, ,.-ORO'ER rC1REQUi~$'::bR. =~~ItW~E lMjU 'MY ~'~' A~rNMSe v:r~ r: J:(~ r~RY UNIFORM TO PROVtOl. IVlDlNtE QF ".SlNTOR FORMER MIlITARY saw. lCE FOil EACH-SOLICITOR; "'f>>ROVI1)ltIG ~iNCWSlON IN THE CODe OF LA-WS AND ORDINANCESi. "~OV1QJNG' Fall: (Of4FUCi' AND SEVERABILITY; AND PROVID- lNGFcm ANt!F.FEcrlV1t~JE: . Copies of the-'pfOpoted'Ordi!1:lIflCft,are on file With the Clerk to the Board and are available-fOr inspectkin. Ail ~:partles,areirtvitedto attend and be heard.' NQTE; All PersonS WishIAO,.~,'SPUk l'AanV8~-ttem mO$t',egl.nerwith the COUItty Admin;nratQT ,l3lfIGlFf!) JjlI'~OI\ofttle' agenda jl;fl'fl to' be iiddres$ed. IndMdual spQlters WiWfanl1'll1:ect,w3ri'ilntrtes on" Item. Tha selection ot mln- djYidual to speak on beba!f,.of..1J'l orPoJi'atlOn or group is encouraged: If recog. nlzed by the Chair, as~erson fQf,agrOlfp or orgaflization may:be allotted fO mInutes to speak on an !tnt' ,:, , Persons'wishing to. heve w~n er9raP.hlc ~aJs included in the Board agtl:Kla packets must submit,s8id,~ial.m-mlmurnof 3 weeks plior,to,theresped:lve publk hearl.".9. In., ilny.C~ written m'8terl.ts Intended 'to' be confidered. by the ...... .".1 .,._.......'!ho,_,..._............... "'."'" d'Y! prior totheptiblk:hOilnsf,A.It"iil'~,usetJ Inptl!5errtatloMWOtethe Board will be-c:ome- a permanent part oflhe re~Ofd. Any person who decides toapp..I, a decision of the. B9trclwill, need a recOrd of the ~~Ei~~thw~,i~w1S.~91~;::::u~~,.;;:~~ If you are a pe~~if4JsebititY'Wh_"" n,et:dsq .cxommodatlonln order to par- ticipate in this p/tlthdintl: you ar-e " ,,' , ' at noCOft to you, to the provision of . ce~in assist.ante." Please. ' conts.. ct them.. .CO""" , Facilit.".S MantjJ.ement Qepart- ment, loc:ated~~;.t~_.1IJn1 Tmt',' .1UHctI~ W,"Nep,",Flqnoa ~H2\(239) ~~~;y~~r:~..~~fo":,,'~:flearffi~,,f(hPel';'d,.are available In the BOARD'OFCOUN't"f C.OMMISS~RS COL.L IER COV!'f1YJ. FLORIDA FRiO W. COVLE, t;HAIRMAN DWIGHT E,QROCK, ClERK By: Ann Ji!nneJOhn, Deputy Cl8rk (SEAt) . ' , ,:", ' --"'1 No1R4J'\S6 ::~~::~::-~:-~::::~:--<::?~--~-------------+------------------------ Sworn to and Subscribed before me this \G -\-~ day of ~()~ Personally known by me 20lQ 171t4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Onice ['he 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 'fhCh" d'th "# hi' exception 0 t e aIrman's slJ!;naturc, rawalme rough routmg Imes I thwugh #4, complete t e check 1St, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. 2. 3. 4. Jennifer White, Ass!. County Attorney County Attorney JBW 3/23/10 5. Ian Mitchell, Supervisor - BCC Office Board of County Commissioners 1A 3/2'/10 Operations 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approva1. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one oCthe addressl~es above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing theBCC Chairman's signature are (0 be delivered to the BCe office only atter the Bee has acted to approve the item,) Name of Primary Staff Jennifer B. White, Asst. County Attorney Phone Number 252-8400 Contact Agenda Date Item was 3/23/1 0 Agenda Item Number 17-B Approved bv the BCC Type of Document Ordinance (Amending Ord. 76-57 - Public Number of Original One Attached Solicitor's Ordinance) .?OlD -I d Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 Chainnan and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chainnan's signature line date has been entered as the date ofBCC approval of the JBW document or the final ne otiated contract date whichever is a Iicablc. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JBW si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip JBW should be provided to Sue Filson 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 our deadlines! 6. The document was approved by the BCC on 3-23-10 and all changes made during the JBW meetiug have been incorporated ill the attached docllment. The County Attorney's Office has reviewed the chan es, if a licable. N/A(Not A licable) JBW I: Formsl County Forms/ Bee formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2405 08-MGR-00132/33 .~ '~'_""_"'~__R'."""~~~~"",,_~ '_._"o,~,_~,..,.<o_...,,,,,,,.._..,,.._.,,,,,.~~,.,,,.,.,,.~... .,...,...'"...."...' ..>~,~_".,_. 17B ORDINANCE NO. 2010- 1..2...-... 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 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 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 ORDAINED 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 slruek tllreHgll are deleted. 178, 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 militarv 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 ANI> 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 1he remaining portion. 2 - Words underlined are added; Words struek through are deleted. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. Iii '. PASSED AND DULY ADOPTED by the Board of Coun1y Commissioners of Collier County, Florida, this ~day of t-\0jCY-- ".J::, ATTEin: DWIGHT E. B'I}.OCk, CLERK ( " . , "'~ - ~~ ( - , .' . . By~' . ' :1I~.J::.r-, u Clerk ~ Approved as to form and gal uf ciency: ,2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:AJJ- W. C~ FRED W. COYLE, CHAIR N 3 - Words underlined are added; Words s(ruele tnra"!;n are deleted. 1'7B 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 2010-12 Which was adopted by the Board of County Commissioners on the 23rd day of March, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of March, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~:a~ Deputy Clerk 1:71..;tI 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 hm1d delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after thL: Board has taken action on th(~ 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 f exceotion 0 the Chairman's signature, draw a line through routing lines # I thwu!.!h #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date I (List in routing order) I. 2. 3. 4. Jennifer White, Ass!. County Attorney County Attorney JBW 3/23/1 0 5. Ian Mitchell, Supervisor - BCC Office Board of Counry Commissioners ~ 3/'2."/10 Operations 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending IJCC 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 Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was 3/23/1 0 A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Jennifer B. White, Ass!. County Attorney Phone Number 252-8400 17-6 One Yes (Initial) JBW N/A (Not A licable) Agenda Item Number Ordinance (Amending Ord 87-60 - Solicitation in Public ROW) 10-t Number of Original Documents Attached JBW JBW JBW JBW JBW I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a fO date. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the Counry Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is ap lieable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson 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 Bee's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 3-23-10 and all changes made during the meeting have been incorporated in the attached dncument. The County Attorney's Office has reviewed the chan es, if a licable. I: Formsl County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05 08-MGR-00I32/33 2. 3. 4. 5. 6. -"W_'_~"''''~_'.~r"~'.__._'",_, ,..'...._.,~, .~,_,~.,~....,~,." 1:78 !, ORDINANCE NO. 2010-..l..l-.. 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 intcrsections 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. 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 Words underlined are added; Words slrHO" t","ugh are deleted. 11B - parking, including medians and shoulders. All public and private roads, including roads separated by one or more medians, have two (2) exterior-mos1 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 contribu1ions 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 applican1 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 permi1tee may solicit at any intersection at anyone time. (ii) Militarv Representation. Organizations whose solicitors represent that thev are veterans of the militarv. or wear a militarv uniform or a distinctive part of a militarv uniform must provide evidence of present or former militarv service for each solicitor. Evidence that will be accepted includes. but is not limited to: 2 Words underlined are added; Words slm"k IAroHgh are deleted. 178 a. DD-214 or Statement of Service (Report of Separation): or b. Communication from militarY or veterans office that contains information regarding militarv service or an indication of military service. fiB (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/dea1h; 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-Iettered 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. 3 Words underlined are added; Words slruek lhr8Ugh are deleted. 178 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this~ay of ~~ ,2010. ir ATTEST: D:VIGflT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,< By:c . Attel'i' Ui."J_triilIflfY .t..... U r. _.,. Approved as to form and leg su lciency: .J By: ~tL w C~ FRED W. COYLE, CHAIRM N 4 Words underlined are added; Words stmck th;-ough are deleled. 178 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 2010-13 Which was adopted by the Board of County Commissioners on the 23rd day of March, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of March, 2010. DWIGHT E. BROCK Clerk of Courts and clerk Ex-officio to Board of County Commissioners r;/v~~ By: Martha Vergara, Deputy Clerk