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Agenda 11/08/2011 Item # 9En 11 /8/2011 item 9. E. EXECUTIVE SUMMARY To direct the county attorney to research the constitutionality of the provisions provided in the county's solicitation ordinances, and, Commissioner Coyle's desire to enact a solicitation moratorium, so as to ensure that the existing provisions and any possible future solicitation moratorium proposal shall not constitute a prior restraint, under the First Amendment, nor any other constitutional violation. OB3E To direct the county attorney to research the constitutionality of the provisions provided in the county's solicitation ordinances, and, Commissioner Coyle's desire to enact a solicitation moratorium, so as to ensure that the existing provisions and any possible future solicitation moratorium proposal shall not constitute a prior restraint under the First. Amendment, nor any other constitutional violation CONSIDERATIONS: Collier County allows charitable organizations to solicit for contributions in County rights -of -way subject to conditions, with the issuance of a permit. There have been concerns that some of the soliciting organizations may not be legitimate. Additionally, allowing solicitations in county road medians gives rise to public safety concerns. During my communications of suggested amendments to the existing ordinance with the county attorney, my research caused me to question the constitutionality of some of the existing provisions and Commissioner Coyle's desire to have a solicitation moratorium. Specifically, I question whether the existing permitting requirement, and Commissioner Coyle's desire to have a ban constitutes a prior restraint under the First Amendment. It is essential that the county ensures the constitutionality of its ordinances prior to approval and enforcement. Constitutional rights must not be ignored, nor denied by government. FISCAL IMPACT: The material cost of legally defending against any possible .constitutional challenge of the local solicitation ordinance(s) and/or solicitation bans will be avoided by having the county attorney determine the legality of such ordinancestacts. LEGAL CONkWJBATIONS To ensure the constitutionality of the county's solicitation ordinances, that such ordinances do not include prior restraints on free speech, and, to only allow for narrowly worded time, place and manner conditions that support the county's objective to promote public safety and limit fraud, all of which needs to be researched by the county attorney. The county attorney must go beyond merely determining the legal sufficiency of what is enacted/proposed by county government, to providing assurances that the laws passed by the county are in fact, legal. GROVTII MANAGEMENT IMPACT: Alone. RECOMMENDATION: To direct the county attorney to research the constitutionality of the provisions provided in. the county's solicitation ordinances, and, Commissioner Coyle's desire to enact a solicitation moratorium, so as to encore that the existing provisions and any possible future solicitation moratorium proposal shall not constitute a prior restraint under the First Amendment, nor any other constitutional violation. Prepared By: Commissioner Georgia HIller Packet Page -188- 11/8/2011 Item 9.E. n Packet Page -189- COLLIER COUNTY Board of County Commissioners Item Number: 9.E. 11 /8/2011 Item 9. E. Item Summary: To direct the county attorney to research the constitutionality of the provisions provided in the county's solicitation ordinances, and, Commissioner Coyle's desire to enact a solicitation moratorium, so as to ensure that the existing provisions and any possible future solicitation moratorium proposal shall not constitute a prior restraint under the First Amendment, nor any other constitutional violation. Meeting Date: 11/8/2011 Prepared By Name: RaineyJennifer Title: Executive Aide, BCC 11/2/2011 1:22:48 PM Submitted by Title: Executive Aide, BCC Name: RaineyJennifer 11/2/2011 1:22:49 PM Approved By Name: OchsLeo Title: County Manager Date: 11/2/2011 5:36:21 PM Packet Page -190-