Ordinance 1976-57
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~~~ 672' PhGE 409
ORDINANCE 76 -57
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AN OHDINANCE RI:LNl'ING '1'0 THE PUBLIC
SOLICI'rATION OF CONTRIBU'l'ImJS; PRO-
VIDING FOR '.i.'HE REGIS'l'Rl\.TION OF PER-
SONS OR GROUPS SOLICITING PUBLIC
FUNDS; REQUIRING THE DISCLOSURE OF
CERTAIN INFOm.1A'l'ION BY l'HOSE PERSONS
OR GROUPS SOLICITDJG PUBLIC CONTRI-
BUTIONS; PROVIDING FOR A REGISTRATION
FEE; PROVIDING MEAtJS OF IDENTIFYING
THOSE PERSONS SOLICITING ON BEHALF OF
THE PERSONS OR GROUPS SOLICITING PUBLIC
FUNDS; PROVIDING FOR THE FILING OF
ANNUAL STATEMENT OF FINANCIAL CONDITIon;
AUTHORIZING THE CLERK OF '!.'HE CIRCUI'l'
COURT TO REFUSE TO FILE A REGISTRATION
STATEHENT ~'lHICH DOES NOT It1CLUDE THE
REQUIRED INFORMATION; PROVIDING A
METHOD OF APPEAL FROH THE DECISION OF
THE CLERK OF THE CIRCUIT COURT; PROVIDING
THAT ALL REGISTRATION STATEHENTS AND
OTHER FILINGS BY PERsons OR GROUPS
SOLICITING PUBLIC FUNDS ARE TO BECO~m
PUBLIC RECORDS; REQUIRING PERSONS OR
GROUPS SOLICITING PUBLIC FUNDS TO KEEP
ACCURATE RECORDS; DEFINING PROHIBITED
AC'l'S; PROVIDING FOR AN EXEHPT ION: PRO-
VIDING FOR PENALTY, SEVERABILITY, CON-
FLICT AND EFFECTIVE DATE.
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subjected to all manner of req~ests for contributions by
WHEREAS, the people of Collier County are continuously
persons, groups, organizations, corporations and other
entities; and
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WHEREAS, the origins, identities, and purposes of tg}~e 0
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various groups are often unknown to the people of ColliE!5:>- _........
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l'mEREAS, contributions solicited by unknmm people~d ::z::
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unkno'/Tn groups may be used for purposes other than for ....._l...~.
which the contributions were made; and
know to whom they are contributing and to know of the
WHEREAS, the people of Collier County have a right to
disposition of the contributed funds;
NOW THERFORE BE IT ORDAINED by the Board of County Com-
missioners of Collier County, Florida that:
SECTION ONE: Purpose:
This Ordinance is designed to provide readily accessible
information about people and groups who make public ~leas for
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,Ut 672 r^GE 410.
contributions so that the people of Collier County m~y make
more informed disposi"tions of their hard earned properties
when contributing them for publicly orientated p11rposes.
SECTION TWO: Definitions:
1. Public Solicitor - Any person, firm, corporation,
association, organization, or other entity which solicits
contributions from the general public for other than a
private purpose. This definition shall not be deemed to
include bona fide religious institutions which are defined
and limited as follm'ls: (1) "Religious Institutions" means
churches, ecclesiastical or denominational organizations,
or established physical places for worship in this state
at which non-profit religious services and activities are
regularly conducted and carried on and shall also include
those bone fide religious groups which do not maintain
specific places of worship.
(2) "Religious Institutions"
shall also include such separate groups or corporations
which form an integral part of those institutions described
in subparagraph (I) which are exempt from Federal Income
Tax as exempt organizations under the provision of Section
501 (c) (3) of the Internal Revenue Code of 1954 and which
are not primarily supported by funds solicited outside its
ovm membership or congregation.
.
(3) "Religious Institutions"
soliciting contributions for the construction and maintenance
of a house of worship or clergyman's residence.
2. Contributions
The promise or grant of any money
or property or of any kind of value made to further the
expressed or implied purposes of a public solicitor.
3. Solicit
Any request for contributions whether
made by radio, television, newspaper, magazine, periodical,
direct mail, display, spoken word or other means.
4. Private Purpose
The direct or indirect disposition
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of all contributions solely for the benefit of one person.
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~~~ 672' rACE 411
SECTION THREE: Registration of Public Solicitors
I. Every public solicitor which intends to solicit con-
tributions within this County, or to have funds solicited
on its behalf, shall prior to any solicitation file a regis-
tration statement with the Clerk of the Circuit Court disclosing
the following information:
1) The na~e 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 this 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 In~ernal 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 dis-
closure of all the fiscal activities of the public solicitor
during the three (3) 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) vlliether 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.
IO) The name or names under which it intends to
solicit contributions.
II) 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.
2. The registration forms shall be signed by an authorized
officer and by the Chief Fiscal Officer of the public solicitor,
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Off 672 r^GE 412
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shall be verified under oath and shall be accompanied by a five
dollar ($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 indentification 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 Ac-
countant or be submitted under oath by the Executive Officer
of the public solicitor.
SECTION FOUR: Filing
If a registration statement conforms with requirements of
this Ordinance, it shall be filed by the Clerk of the Circuit
Court. However, if the registration statement does not include
all of the required information, the Clerk shall refuse to
file the application. Any applicant who is denied filing may,
~ithin twenty (20) days from the date of notification of such
denial, request, in writing, a hearing before the Board of
County Commissioners, which hearing shall be held within
twenty (20) days from the date of request. The determination
of the Board of County Commissioners shall be final.
SECTION FIVE: Information Filed to Become Public Records
Registration statements and applications, reports, and all
other documents and information required to be filed under this
Ordinance shall become public record in the Office of the Cl~r.k
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of Circuit Court, and shall be open to the general public for
inspection at such time and under such conditions as the Board
of County Commissioners may prescribe.
SECTION SIX: Records to be Kept by Public Solicitors
Every public solicitor subject to the provisions of this
Ordinance shall, keep true physical records, including but
not limited to all income and expenses, within the purview of
this Ordinance, as to its activities in Collier County as
may be covered by this Ordinance in such form as would enable
one accurately to provide 'the information required by this
Ordinance. Upon demand, such records shall be made available
to the Board of County Commissioners or an appropriate
prosecuting attorney for inspection. Such records shall be
retained for a period of at least three (3) years after
the end of the period of registration to which they relate.
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 in 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 endorseme~t or approval by the
Collier County Board of County Commissioners; provided, however,
that the use of the following statement shall not be deemed
a prohibited exploitation "registered with the Collier County
Board of County Commissioners as required by Ordinance. Regis-
tration does not imply endorsement of a public solicitor for
contribution. II
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 device whatsoever, to
believe that the person on whose behalf such solicitation or sale
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Approved as to form and legal sufficiency:
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- Donald A. Pickworth
~ol~ier County Attc;>rney ....u,..... 'n Off'.'.' _re. ...
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~~~ 672' rAGE 414
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.
SECTION EIGHT: Exemption:
No person, firm, corporation, association, organization,
or other entity which is required by Chapter lOG of the Florida
Statutes to file regular reports of all contributions received
and all expenditures made shall be subject to the provisions
of this Ordinance.
SECTION NINE: Penalty:
Violations of this Ordinance shall be punished as provided
by law.
SECTION TEN: Severabil~ty:
If any section, subsection, clause, sentence or phrase of
,this Ordinance is for any reason held unconstitutional or invalid,
the invalidity thereof shall not affect the validity of any
remaining portions of this Ordinance.
SECTION ELEVEN: Conflict:
Should this Ordinance conflict with other law, the more
restrictive shall apply. If any part of this Ordinance con-
flicts with any other part, it shall be severed and the
remainder shall have full force and effect and shall be
liberally construed.
SECTION TWELVE:
Effective Date:
This Ordinance shall become effective upon becoming law.
ATl'EST:
, ,.,,' ~-B-9.~Rlt~ ,T. SCOTT, Clerk
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:',' Deputy."Glerk
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.' : Dated,December 14, 1976
BOARD OF COUNTY
COLLIER COUNTY,
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