Ordinance 2010-12
ORDINANCE NO. 2010- 1.2..-
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AN ORDINANCE OF THE BOARD OF COUr&:v c.>
COMMISSIONERS OF COLLIER COUNTY, FLORIf)A,
AMENDING ORDINANCE NO. 76-57, RELATING TO PUBLiC
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SOLICITATIONS OF CONTRIBUTIONS, BY AMENDI:NG
SECTION SEVEN, "PROHIBITED ACTS," IN ORDER TO
PROHIBIT A PUBLIC SOLICITOR FROM MISREPRESENTING
THAT HE OR SHE IS A VETERAN OF THE MILITA~V:;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE.
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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
Circ uit 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
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Words underlined are added; Words stmek thfOHgh are deleted.
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 militarv. or wear a military
uniform or other indication of militarv service. when the solicitor is neither a present nor a former
member of the service indicated.
SECTION TWO:
INCLUSION IN THE CODE OF LAWS AND ORDINANCE.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any
other appropriate word.
SECTION THREE:
CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
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Words underlined are added; Words strHek lhroogfl are deleted.
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 'b--\.~
,2010.
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ATTEST:
DWIGHTE. BROck, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By;
.nt ~. QIIf, u Clerk
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Approved as to form
and ~gal ~,ciency:
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By: ? 1',~_", ,r,:::\ ~\:i
FRED W. COYLE, CHAIRMAN
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Tbls ordinance filed with the
Secretory of State's Office the
~day of /'I\tn:h ,'-t>/G
and acknowledgement of that
fili~eived this 1<>"" day
of ByWl[~
Words underlined are added; Words strHck thrOHb" are deleled.
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 Commisqioners
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By: Martha Verg~a,
Deputy Clerk