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Agenda 12/13/2011 Item #11A
12/13/2011 Item 11.A. EXECUTIVE SAY Recommendation to authorise the County Attorney to advertise amendments of two ordinances for future consideration, mating to public solicitations of contributions and the issuance of permits for charitable solution at road intersections OBJECTIVE: To better protect the public from unscrupulous solicitors and to increase safety when soliciting in the public right -of -way. CONS „ _IDERA�NS: At its October 25, 2011 (Item 9 -H) and November 8, 2011 (Item 9 -E) regular meetings, the Board of County Commissioners (Board) discussed the County's current regulations pertaining to public solicitation of contributions and charitable solicitations at road intersections and recommended amendments to these regulations to ensure public safety. After the October 25 discussions, the Board directed the County Attorney to bring back a proposal to amend the appropriate County ordinances so as to: 1) require, that individuals and organizations be clearly identified on a sign at the site of any collection activity; 2) to the extent that the collection activity is accomplished on private property, that the individuals responsible register with the County acid provide proof of permission to solicit at the specified business locations; and 3) any other item which the staff and the County Attorney recommend that would be legally enforceable and nondiscriminatory. At the November a meeting, the Board directed the County Attorney to research the constitutionality of the existing ordinances, the proposed amendments thereto, and the possibility of a fixture moratorium on .public and charitable solicitations for contributions. Based on this direction, and after discussions with interested third - parties, the County Attorney drafted the following proposed amendments, with changes to the existing two ordinances in underlinelstrikethrough form: 1. Ordinance 76-57 (the Countv's Solicitation Ordinance) as amended 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. Packet Page -853- 12/13/2011 Item 11.A. 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: A. DD -214 or Statement of Service (Report of Separation), 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 /0-111 ' This language already exists in Ordinance 87 -60 (solicitation in the public right -of -way), as amended and set forth below, and is being duplicated in this ordinance by the County Attorney to avoid any question as to this requirement. 04 Packet Page -854- 12/13/2011 Item 11.A. 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 lst 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 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. n 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 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 pu!pose 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. Packet Page -855- 12/13/2011 Item 11.A. 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 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. 2. Ordinance No. 87 -60 (Solicitation in the public right -of -way) as amended SECTION THREE: EXCEPTIONS 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 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. Packet Page -856- 12/13/2011 Item 11.A. (iii) Solicitation is limited to the vehicle operator's (left) side of the n 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 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 con=, aj2ermit shall not be required for any solicitor who falls within the parameters of the Iris Roberts Act. Packet Page -857- 12/13/2011 Item 11.A. The County Attorney has reviewed the Constitutionality of both ordinances and believes that they are both valid. With respect to a moratorium, the County Attorney is of the opinion that the Board has the power to completely ban soliciting in the public right -of -way, and accordingly may enact a temporary moratorium on all solicitation, and that the Iris Roberts Act preempts County solicitation permits rules for certain groups if and when a local government chooses to regulate solicitation in the public right -of -way by a permit process. FISCAL IMPACT: The cost of advertising the amending ordinance is estimated at $500. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorizes the County Attorney to advertise these two amendments, and bring them back to the Board for a public hearing. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Packet Page -858- COLLIER COUNTY Board of County Commissioners Item Number: 11.A. 12/13/2011 Item 11.A. Item Summary: Recommendation to authorize the County Attorney to advertise amendments of two ordinances for future consideration, relating to public solicitations of contributions and the issuance of permits for charitable solicitation at road intersections. Meeting Date: 12/13/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 12/7/2011 12:04:17 PM Approved By Name: IsacksonMark n Title: Director -Corp Financial and Mgmt Svs,CMO Date: 12/712011 1:42:47 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/7/20114:57:49 PM Name: OchsLeo Title: County Manager Date: 12/7/20115:11:45 PM Packet Page -859- 12/13/2011 Item 11.A. 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: Page 1 of 5 Words underlined are added; Words s#aek thma are deleted. Packet Page -860- 12/13/2011 Item 11.A. 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 n 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. 131 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 accented includes, but is not limited to: Page 2 of 5 Words underlined are added; Words stmsk thfoag# are deleted. Packet Page -861- 12/13/2011 Item 11.A. 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. Page 3 of S Words underlined are added: Words std are deleted. Packet Page -862- 12/13/2011 Item 11.A. 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 express written Rermission of the owner, lessee agent or occupant of the property Any person soliciting on private property in Collier n County must cam 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 r-� Page 4 of 5 Words underlined are added- W--A- egg c are deleted. Packet Page -863- 12/13/2011 Item 11.A. 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 ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney 2011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 FRED W. COYLE, CHAIRMAN Page 5 of 5 Words underlined are added: Words stud:-� are deleted. Packet Page -864- 12/13/2011 Item 11.A. ORDINANCE NO. 2011- 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- Page 1 of 5 Words underlined are added; Words stmsl&eaghk are deleted Packet Page -865- 12/13/2011 Item 11.A. 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 Page 2 of 5 Words underlined are added; Words swask dweeg# are deleted Packet Page -866- 12/13/2011 Item 11.A. b. Communication from military or veterans office that contains information regarding military service or an A*-*N 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 n 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 Page 3 of 5 Words underlined are added; Words stet are deleted Packet Page -867- 12/13/2011 Item 11.A. 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 (fo -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 Page 4 of 5 Words underlined are added; Words sUuelcFet}gh are deleted Packet Page -868- 12/13/2011 Item 11.A. 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, an t!Wn_g. 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Page 5 of 5 Words underlined are added; Words stmek Oweag are deleted Packet Page -869- n S 12/13/2011 Item 11.A. October 25, 2011 you have staff to do this and do you have funding, a budget to do this? MR. CASALANGUIDA: No, ma'am, not real quick. I can do it over time. What I would -- if the board would like to have this done, I'd put together a project management plan and tell you when I could do it and how long it would take me to do it without being a bur that would take away from other things that we're doing. If it w take a year at a time and come back every six months and, y w, do something like that, that's probably manageable. If you nt to get them all done and -- real quick, that's not manageable. would come back with what I think is a reasonable schedu CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: It sounds i CHAIRMAN COYLE: And that's acc pta le to Commissioner Henning, come back with what's reason b ce table b � P Y staff? MR. OCHS: Yeah. The dire tr come back at a future meeting or meetings. COMMISSIONER HE eah, right. CHAIRMAN COYLE: t. All in favor, please signify by saying aye. COMMISSIONER H*LER: Aye. COMMISSIONEWFIALA: Ave. CHAIRMA , W OYLE: Aye. CO O R HENNING: Aye. CHA COYLE: Any opposed, by like sign. COYLE: Okay. It passes 4 -1 with Commissioner CF i ssenting. Item #9H RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS DIRECT THE COUNTY MANAGER TO Page 50 Packet Page -870- IV 12/13/2011 Item 11.A. October 25, 2011 WORK WITH THE COUNTY ATTORNEY TO BRING BACK TO A FUTURE BOARD MEETING (1) A RESOLUTION THAT PLACES A SIX MONTH MORATORIUM ON SOLICITING WITHIN THE COUNTY'S RIGHT-OF-WAY; AND (2) AN AMENDMENT TO THE COUNTY'S SOLICITATION � ORDINANCE TO REQUIRE THOSE ORGANIZATIONS COVERED BY THE FLORIDA SOLICITATION OF v CONTRIBUTIONS ACT TO PROPERLY IDENTIFY ('1 THEMSELVES WHEN SOLICITING WITHIN COL COUNTY; REGISTER WITH THE COUNTY WIDE PROOF OF PERMISSION TO SOLICIT AT SP BUSINESS LOCATIONS. ALSO TO DIRECT THE CO AGER TO PREPARE A LETTER TO THE STATE, SIGNED BY THE CHAIRMAN, REQUESTING THAT TE AUDIT THOSE VETERAN SOLICITOR ORG A49W WHICH HAVE DONE BUSINESS IN COLLIER COUN CE 2010 — MOTION TO WRITE A LETTER REQUESTIN, STATE AUDIT THE VETERAN ORGANIZATIO T SOLICIT IN COLLIER COUNTY — APPROVE ION FOR THE COUNTY MANAGER TO BRING K PROPOSED AMENDMENTS TO MR. O Commissioners, 9H on your agenda this morning is a recomm l%da%t tha t the Board of County Commissioners direct the county m to work with the county attorney to bring back to a futur eeting, No. 1, a resolution that places a six -month MF on soliciting within the county's right -of -way; No. 2, an ent to the county solicitation ordinance to require those organizations covered by the Florida Solicitation of Contributions Act to properly identify themselves when soliciting within Collier County, register with the county, and provide proof of permission to solicit specified business locations; also to direct the county manager to Page 51 Packet Page -871- 12/13/2011 Item 11.A. October 25, 2011 prepare a letter to the state to be signed by the chairman requesting that the State audit those Veteran Solicitor Organizations which have done business in Collier County since 2010. This item was brought forward by Commissioner Coyle. CHAIRMAN COYLE: Okay. Let me just make a few qui� introductory remarks. When we were originally discussing the , moratorium we were talking about a pe riod of time which vw x o f impact the Muscular Dystrophy .Association's schedule, bqm appears that they're planning something on March the 12th of ar. So I would suggest that the -- any moratorium that the b^ fight wish to consider to give us time to work out that process of extend beyond March the 1 st of 2011, because it reall ' ly arbitrary time to allow us to sort out things and perk s audits from the state concerning organizations that have been s ' ing here that have caused us some difficulty as far as glntRoAwfit of our regulations are concerned. So there also is a safety co nt to this issue. Just recently we had a man killed, who was s W beside the road on the sidewalk, by a careless driver. And-Ai ' g in the roadways in Collier County today is inherently danger o , whether it's by firefighters or anyone else, and I would lake tcvaluate the possibilities of moving those collection proce to safer venues. So basically that's what we're doing. We h&ye many public speakers, Ian? MR. HELL: Just one, sir. COYLE: Okay. Then, Commissioner Coletta, you N5, - -eak first or -- MMISSIONER COLETTA: Well, yeah, just some brief comments, if I may. This whole issue of the solicitation originated with the -- some veterans group that weren't quite sanctioned, that -- questionable what they were doing with the funds. And you get right down to it, and Page 52 Packet Page -872- 13 12/13/2011 Item 11.A. October 25, 2011 safety is an issue. We may want to think about just limiting solicitations to Emergency Response Organizations, and I think we could legally do that with the caveat that these people are attuned to what is needed for safety measures to be able to provide a safe atmosphere for doing it. They wear clothing that's conducive to They have equipment they can put out there that would warn public that there's something ahead.' I think it would -- it would get us to where we've -- a ve something that's traditionally been done in Collier Co r quite a few -- for a generation or two now, and to come to a sort of agreement where we remove them from it bec us r aving a problem with some veterans groups that aren't ed to try to make amends for what's taking place, I don' -- ink is going along the wrong way. Mr. Klatzkow, would it be po Sili a up with a -- an ordinance that would limit it just t gency personnel? MR. KLATZKO W : You gn' ficant constitutional issues there with equal protection. I - , the general rule is what's good for one is good for all, and 1 argue that you were being arbitrary g Y and capricious by limiting -o a certain group. CEstru SSI ReHILLER: Absolutely. C OYLE: And firefighters are simply not immune to bein�� aut omobiles, okay. And they're standing on the corner tryi to a good thing. What's going to happen the next time a c e river runs over a couple of firefighters and kills them? L)Was done in Collier County 10, 15, 20 years ago is different fr ri' t is -- should be done in Collier County today. Traffic is m g faster on most of those roads. Having emergency equipment at th intersections is not the solution. Not only will it impede traffic flow, but -- if we've got time to put emergency vehicles in intersections to collect funding, then we certainly can't argue that we've got shortages of emergency vehicles for our regular business. Page 53 Packet Page -873- r 12/13/2011 Item 11.A. October 25, 2011 So I -- that is an issue -- and that's the reason it's proposed as a temporary moratorium -- not banning it, but a moratorium -- to give the firefighters and other legitimate organizations who do a wonderful job collecting funds to see if they can't fund a better venue for doing that. � Walmart, Publix, any of those companies would be deligh have them there soliciting funds, and they attract a lot of peo; So I would merely ask that we use this period of tim is will not impact anybody, to the best of my knowledge, to i a -- let them evaluate the possibility of having their funding,e at other venues. I ) The firefighters have been very helpful in funds for the Freedom Memorial, and they don't do it at i ter ctions. They do it at other functions throughout Collier Coun So there are ways to raise the in e Muscular Dystrophy Association and for other period that is being causes. t ' a time p proposed to ask them to take a 1 the way they do these things to see if they can find a better v nd that's what we're tryin g to do. All it's going to tak s er driver on these roads who is not paying attention to lose co I of a vehicle and kill somebody standing at an intepectieth. So, in any ,,t, Commissioner Fiala, you want to wait for the public sl CO dU want to y -- NER FIALA: No -- PkN COYLE: Go ahead. SIONER FIALA: --just one fast question from our c i torney. you ever limit it to just Collier County organizations and residents so that at least we can -- we have a better handle on who they are? MR. KLATZKOW: No, you cannot do that. COMMISSIONER FIALA: No, okay. Page 54 Packet Page -874- 12/13/2011 Item 11.A. October 25, 2011 CHAIRMAN COYLE: Okay. Let me just take a moment to explain the full intent of this process. You've heard the reason for the moratorium itself is to give us time to evaluate other venues for the people who are legitimately raising funds. The other is the requirement that the organizations collectin e money clearly identify the organization with a sign. Now, wh put out a sign that says "North Naples Fire District colle(-.-,ti n Oqpfrey for Muscular Dystrophy," people know what that is. The .ATNve great confidence that that money is going to be used for the`e that it's being collected. But when you see a sign that says " trans in need from Pompano Beach, Florida," the question imm6 i e rises, why are they coming over here to collect money? they? What are they doing? And whether that sign is on the sid ad or whether it's in a parking lot of Walmart or Publix, it's raise the same question in people's minds, what are they do ere raisin g money? Don't we have veterans in need here in C ounty? So that was another part of this process. And the third part w h A e private property owners on which the solicitations are being de should be given an opportunity to say, yes, I want those p ople0here or, no, I don't want them here. They have the right to riminate if they wish. We don't. So Nortapl ' -Fire District or any other fire district in Collier County goes to almart, they're going to get approval. I can guarantLe _ at they will -- they will welcome them there. Others gitimate Collier County organizations will not, in my op� , be harmed by this process. And, finally, we have no way of determining where the funds collected by these out of county organization really go. One of the reporters here, Liz Freeman, called one of these organizations and asked them where the money went. Supposedly it went for housing Page 55 Packet Page -875- 12/13/2011 Item 11.A. October 25, 2011 for homeless veterans. And they gave the reporter some addresses. It turned out -- two of them in an industrial area and one of them was a beachfront home. Clearly, not likely to be accurate places for homeless veterans. So it's something that we need the state to look into. And I'f asking that the board give us permission to send a letter to the s agencies that in fact do license these people, and ask them duct g � p p t� an audit to find out where the money goes for those organ ons that have been coming here from out of county and taking l here and going back and spending it for reasons that we c ify. So, basically, that's the package, and I think ' o the job. Commissioner Henning? COMMSSIONER HENNING: Obse ati that the person that was killed at the intersection of Airport 96a& Wd Pine Ridge was not soliciting money. AL CHAIRMAN COYLE: Oh, I that. I said he was on the sidewalk. COMMISSIONER HE Yeah. He wasn't solicitating (sic) money. CHAIRMAN COYL Yes, I understand. That. COMMISSI WHENNING: Okay. CHAT OYLE: That doesn't have anything to do with it. But the poi CO NER HENNING: It didn't have anything to do with the ite' - the agenda. AN COYLE: But if you -- if you have a vehicle that w 1 the road and kill somebody on the side of the road holding a s person ' gr p so who's standing in the intersection or right beside the road, is at even greater danger than that person was. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: So that's my point, and that's one of the reasons -- Page 56 Packet Page -876- 12/13/2011 Item 11.A. October 25, 2011 COMMISSIONER HENNING: You understand we have sidewalks next to the road? CHAIRMAN COYLE: I'm not sure. I think I might have seen one or two. COMMISSIONER HENNING: Okay. The question -- I'mt sure, but I'm told that Commissioner Hiller was working with ''" Sheriffs Department on these roadside solicitations, and I m -- I'd like to hear what you have been working on, COMMISSIONER HILLER: Yeah. It would be easure. In fact, one of the leaders of the group, Duane Billi is in the audience, and I'd like him to present and share wi e e ` body all the work that's been done towards addressing this There have been multiple meetings ov r th course of months, and I applaud Attorney Klatzkow. His le ` lysis of the situation is exactly on point. You can't cherry ese type of restrictions will apply to. It would be a -- defi $ealk, a constitutional problem. . Duane, I believe, signed u and I'd like to start by allowing him to explain what' , done so far and with the support of the Sheriffs Office an eriff s attorneys. COMMISSIONER ING: Okay. CHAIRMAN OVLE: Okay. Let's call the public speaker or speakers now, I ect. MR. M C Yes. The first speaker is Duane Billington. MR. L GTON: For the record, Duane Billington. I'd like to start b ing Commissioner Coyle for putting this on the agen '' tithing more definitely needs to be done. The.question re hat and can we do it without throwing the baby out with the ba ter. Something needs to be done. It definitely needs to be done. irst I'm going to address Commissioner Hiller's request, and as they explained briefly what we've been working on and the sense of our proposal. And basically we are asking that a public safety vehicle be present and paid for by the solicitor. Page 57 Packet Page -877- 12/13/2011 Item 11.A. October 25, 2011 Commissioner Coyle commented a little bit on this as far as public utility vehicles being available. Well, the fire districts usually have parts, vehicles, that kind of thing, things they use for their miscellaneous running, picking up supplies, those do qualify as public safety vehicles as long as they have light bars. It's not a large vehicle. It's not something that's going to of t traffic, and it can be located out of the way. But if one of th fraudulent veterans groups comes to solicit, well, they wo e required to pay either the Sheriffs Department or som i public safety organization for a staff vehicle. And this applies to all. You know, some e e e available resources. Some people don't, but it's not som ejudicial or favors one over the other. It's just a fact of ife. We were also requiring evidence o ' ' service be kept on the person of the solicitors, and that's ,s g in common with Commissioner Coyle's effort. _Al We require proof of meetmi ' ing participant eligibility and training requirements for in t activity be kept on each solicitor. It's interesting that firefi t ready meet the requirements of this section. And it provides fo . onfiscation of solicited funds collected by those solicitorsX th're found in violation of the solicitation ordinance. : y You kn ertnly we should be able to find a way to amend the ordinariZe out denying our firefighters the ability to solicit in the traditio Gay for N DA. The tenets of our proposal have been endo a Naples Daily News in a very nice editorial. %Jkdd beyond that, I'm open -- well, there is a couple things. To and", a dangers, the gentleman that hit that poor soul that was on the siewalk had something like three times the allowable level of alcohol in his bloodstream. I mean, he was beyond drunk. He was totally plastered and gone. I would suggest anybody walking on the sidewalk could have Page 58 Packet Page -878- 12/13/2011 Item 11.A. October 25, 2011 been hit by him. You could be sitting in your front yard in a lawn chair and be hit by a clown like that. Beyond that, I'm open up to your questions. COMMISSIONER HILLER: If I may add to what you're saying, Duane. The sheriff s representatives who met with us, as well aslhk attorneys, have been very supportive of these recommendation they're, right now, in the process of drafting the wording to ed on to the county attorney for his review, and then this woe brought forward. The one other thing I want to make clear, that this ordinance would require that all of the solicito h e 'dentification badge which would include their permit numbe - photograph and all the backup information as you describe So would be the same type of badge that each of these individu k uld wear, and so you would know who you're dealing with So a lot of private citizens ha bN1 involved. It's been a very positive initiative. We're just w ' ' n the wording from the Sheriff s Office to be able to pass ifall- . Klatzkow, and then it will be brought forward as an o So my concern is, y, this is all going to happen in a relatively short ti T} have a moratorium that bars everybody when, you know no short order we're going to have an ordinance that will put ' ur in place that, you know, effectively address this f "I- situation of everyone involved, I think, would be counte re at this time, although I do a reciate that PP Co r Coyle, Y ou know, shares the same concerns that we all s -is moving forward. d I will say that I think his idea to write the state to ask them to it these different organizations is, you know, well worth it. Anything to, you know, have anyone help identify where these funds are being diverted to someplace where they shouldn't be going is definitely a worthy initiative. Page 59 Packet Page -879- 12/13/2011 Item 11.A. October 251 2011 MR. BILLINGTON: I would also add to that that one of the issues we looked at was probable cause. One of the problems the sheriff has had with enforcement is they want to do it in a manner where they're not going to be harassing people. COMMISSIONER HILLER: Absolutely. MR. BILLINGTON: And the requirement for the public vehicle, the absence of which if it was -- that requirement w ted would give the sheriff probable cause to investigate; othe , it makes no sense for them to cross lanes of traffic, disru affic flow, to investigate these people that are conductin selves in that manner. COMMISSIONER HILLER: Yeah. An to really thank all the veterans that have participated in thi ini tive as well as everyone from the Sheriffs Office from ow, Chief Bloom to Chief Williams and the -- all the C ey's -- I'm sorry -- all the Sheriffs Attorneys that particip ' ecause they have done an outstanding job in trying to find ion to this problem. MR. BILLINGTON: n addition there's Jim Elson from the -- .� COMMISSIONER ER: Yep. MR. BILLINQTOX: -- veteran's organization. COMMIS ER HILLER: And Nick Hale. MR. BI WNG 'ON: We kept him apprised. Nick Hale, your VFW, yo -- a he various veterans groups, and I believe this is something, that the firefighters are in support of. They don't like seein dollars going to the wrong people either. S SIONER HILLER: Nobody does. BILLINGTON: Okay. With that, I thank you very much. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Commissioner Henning? MR. NIITCHELL: Sir, the next speaker is Roger Jacobsen. CHAIRMAN COYLE: Oh, I'm sorry. Page 60 Packet Page -880- 12/13/2011 Item 11.A. October 25, 2011 MR. JACOBSEN: Good morning, Commissioners. I'm Roger Jacobsen. My official title with the City of Naples is Code and Harbor Manager, which means I'm manager of the Code Enforcement; I'm the Harbor Master; I manage the Beach Patrol; I do windows on Sundays. On a sidebar, I also coach the Collier County Special Olympics Basketball Team, and we won the state gold medal this year, s t a little sidebar. (Applause.) MR. JACOBSEN: Thank you. I'm here because the City, obviousl y, supports e have e the same issues in the City of Naples that you do. I'v e n ollowing the newspaper articles. Whenever they show up i , I'm the one that gets the call to go out. They have no ID o em. I call the company, I get no return calls. So weffs ' out of the city right away. We just say, No, not allowed... We would like to mirror, obv' whatever ordinance you put forth in the city so were all unif one group. Cautiously, though, let's aft it so everybody's eliminated. Good veterans group -- . COMMISSIONER LER: Right. MR. JACOB N: - we want it. We also have church groups that come out on- too. So I'm here really from the City's point of view to say I' '1 e t be included in any additional meeting -- CO NER HILLER: Oh, we'd love to have you. MR. J BSEN: -- and the city. You know, anything that you guys. bring back before the city and see if we can't adopt S, u of mirror ordinance at that point. Okay. MMISSIONER HILLER: Wonderful. Thank you. . JACOBSEN: Good. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay, thank you. Page 61 Packet Page -881- 12/13/2011 Item 11.A. October 25, 2011 Commissioner Henning? COMMISSIONER HENNING: So let me get this correct. You want us to -- the board write a letter to the Division of Consumer Affairs asking to audit those groups that have solicited in Collier County? CHAIRMAN COYLE: Asking the state to audit them, no�. US. COMMISSIONER HENNING: No, no, no, yeah, fo state to audit. CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: Which is th 1 'on of Consumer Affairs. Well, I'll make that a motion. Liz, Ms. Freeman, can you assist us our investigation work? CHAIRMAN COYLE: No. COMMISSIONER HE o. CHAIRMAN COYLE: se we subpoena you? Will that help? P COMMISSIONER G: We could do that. No. Well, that -- i as keen reported that funds collected are not being used as re ed, and we have a grave concern. So that' , m ion, that we write the state asking them to audit. CO NER FIALA: Second. CO IONER HILLER: I'll second that. COYLE: Okay. All in favor of -- motion by C ioner Henning to approve a request by the Board of County C qujssioners to ask the State to audit the Veteran Organizations that have been collecting funds here in Collier County by Commissioner Henning, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. Page 62 Packet Page -882- 12/13/2011 Item 11.A. October 25, 2011 COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) , CHAIRMAN COYLE: Okay, that motion passes. Now, we have -- COMMISSIONER HENNING: Break? CHAIRMAN COYLE: Yeah, we do have a b ut we're going to finish this for right now. The -- I have a couple of comments. An ' 's laudable that the sheriffs agency and other people have tte involved in this process, it's important that we make thes .2 ions from the basis. of the best possible information we cqr And the people who have to a laws are sitting in this room. And the County Attorne een working on this issue for a long time. In fact, we've bee 'ng on it for at least two years. And there are always re y we can't do something we want to do, and we need to sort tho " things out. And I'll give )iou sdine examples of just how complex this is. Commissioner., . ing -- or Commissioner Hiller's proposal is to have trainin e- eople who are going to be selecting -- soliciting funds on s ts. Well, who does the training? Who's going to take the ti do that? es for the confiscation of funds from people who are vi... our rules. Now, the County Attorney tells me we have no le is for doing that. I don't know. We have to figure that out. -It hasn t been presented to the county attorney yet, so we cannot make a decision as to whether that's true. COMMISSIONER HILLER: Excuse me. CHAIRMAN COYLE: So an emergency vehicle --just a Page 63 Packet Page -883- 12/13/2011 Item 11.A. October 25, 2011 moment. COMMISSIONER HILLER: Sorry. CHAIRMAN COYLE: Turn on your light. Emergency vehicles at the site, you can't say that an emergency vehicle with flashing lights that's provided by the Sheriffs Dep ent at a collection site has to be paid for by a -- an out of county ve:V organization but it doesn't have to be paid for by the fire dists. The problem is that these things are not clear. Issuin dges to people doesn't mean that you know exactly who they 0, ey'll get a badge and pass it on to somebody lse the next ti - o Y know, these things are not well researched, and we n ed how we're going to go about implementing and enforcing 'ngs. So these things need to be coordinated wit �ihe County Manager and the County Attorney. And to the be t y knowledge, and according to their own testimony t '�r of them have ever been contacted about this particul sal except for a year ago when the County Manager advi Billington that some of the things he was proposing were" .. ossible, and so you've changed it in accordance with that. AL Furthermore, the law ady says that these people have to be -- have to have ident' catift. It's very clear. We've updated the ordinance twice ft. ral years ago that requires those kinds of things. So the issue sdl�em ins_ What wo'd like to see happen is for the fire districts and other legitimate 'zations to take some time to look at other venues for colle ds -- is it possible to do it at places other than an irsn -- and come back and tell us and see what we can do ab t at. If they can find alternative locations, it's a perfect solution, because then we can ban all those others and get them into places that are safer. And secondly is getting permission from the private property owners. Now these questionable veterans' organizations are going Page 64 Packet Page -884- 12/13/2011 Item 11.A. October 25, 2011 into Walmart and other places and they're collecting funds. The sheriff tells us they don't have any authority to go in there and arrest people. It's on private property. What I want to do is require those people to get permission from the private property owners. It's a simple request. It's a request t1k even the private property owners should welcome, because wh fireman walks in the door and says, can I solicit funds here, a no chance that they're going to be denied. A,") So that's -- and the sign is an important element 4q,",�%ST§Sue, because it informs people that these are people fro other organization, some other county over here solicit' y, and we don't know how the money is being spent. So there are other elements here that w n d to take action on. If some of them are unacceptable to the d , then let's identify those now. But those that are acceptable s tting permission from private property owners before peo solicit there, is, in my mind, a no brainer. So with that, Commissi filler will talk. COMMISSIONERAft Yeah, Jeff, isn't it already the law that, you know, if you're o omeone's private property it has to be with the consent the private property owner? I mean, obviously these people area -- therwise they would be engaging in trespass. MR. . KW: The experience we have -- and this is just based on a 1 of conversations I've had with Mike Hedberg in the past is th`� s ' mebody gets over there, they're not sure whether or not or has the right to be there, doesn't have the right to be t hey were required to have written permission from the o at that point in time the sheriff could easily take action because he would know then and there whether or not the person had the permission. COMMISSIONER HILLER: So we could include that as one of the requirements? Page 65 Packet Page -885- A 12/13/2011 Item 11.A. October 25, 2011 MR. KLATZKOW: Yes, if that's what the board wants to do. COMMISSIONER HILLER: And if Mike is comfortable with that, then I think that's a good idea. Duane, could you come up here? First of all, I'm really sorry you're, you know, being challen the way you are for all the volunteer work that you've been doiIXi u know, over this past year, and I want to personally thank you everything you're doing on behalf of the veterans, not on] this issue, but on a host of other issues. I saw you, you know, shaking your head as Co sioner Coyle was speaking, so I'd like to give you the opportun' dress, you know, some of the comments he made. I I'd also like to say that what was said li that you know, he verified with Jeff and Leo and no contact een made is absolutely correct, because we're not ready to ing. And at that time that a reasonable draft is put toge meets with the sheriffs approval as being something tha 'uld work with and find enforceable, we will present i Q and to Leo for their review. So, you know, it's v ' o� sous that the intent is Y � t to work in a cooperative manner, obvio y in the best interest of the community and to do what is iii. -- y6u know, what is intended to be achieved by this, which is to ` ect the public and also to ensure that those funds go to the v ties that are intended to be benefited. Coul o -ease, you know, explain the situation. MR. > 1NGTON: That's correct. In fact, Mike Sheffield can conf had reserved a date. Actually this was one of the dates fo s bringing this before the board, but I later told him that we w ' ready yet. We wanted to present our information to Mr. Klatzkow, and we knew that he would need time and that, as busy as the agendas have been, there's items, I think, on today's agenda that this is the third try at them having been heard. So this is not something we've been trying to do behind closed Page 66 Packet Page -886- 12/13/2011 Item 11.A. October 25, 2011 doors or anything like that. It's an effort, and we wanted to get as far along the process as possible as an assist and a help to our County Attorney, not make things more difficult. There's a couple things, too, that I'm sure were unintentionally not characterized correctly, and it has to do with the training. Win the participant eligibility of the existing ordinance, there is a c and I'll read this. This is a direct quote. And it has -- has to people in the right -of -way. And it says here, have been tr d regarding the physical dangers of in the road activity Inoialds are open to vehicular traffic or other individual who h 1 actorily. . completed a safety training course appropriate to a onsideration of in the traveled road activities. That's in the ordinance. That's not sonleth g we're putting forward. But if it's perceived there's sonle wrong with that requirement, well, maybe then it n moved. COMMISSIONER HILLER: i that's a good point. MR. BILLINGTON: As f e permission, the people that were busted at Walmart had sion of Walmart Headquarters but they didn't have permiss' a local store manager. The end result of that was that they were en a trespass warning, and the next time, if they came back, ey.d be arrested. So, you kn there's an education component that somehow is needed, lette d,�aft hopefully by county staff perhaps to the various corporate . ers informing them of what is going on, what the county's o 1 n is, and -- to educate them so they can educate their peopl a county considers as acceptable or not acceptable - - �,.. . 'nd I'm sure that these entities would be more than happy to cooperate. But the effort has to go forth. You can't just rely on a Sheriffs Department person driving by and saying, oh, there's a veteran soliciting or there's somebody else soliciting and expect them to jump over there, as short staffed as they are, to investigate. And Page 67 Packet Page -887- 12/13/2011 Item 11.A. October 25, 2011 that gets back to the probable cause. COMMISSIONER HILLER: Do you want to address the confiscation? MR. BILLINGTON: Well, the confiscation was something that was presented to the Sheriffs Department Attorney. He thought t was very doable. And if it's fair for one, it's fair for all, as lon don't discriminate. And this board has the power to write -- ordinances, pass laws, and set rules and regulations. And no reason why, as long as it's not discriminatory, that that n't be incorporated. COMMISSIONER FIALA: So are you oin e a motion? CHAIRMAN COYLE: Okay. MR. BILLINGTON: I might add, its ul 't take 30 days, though, for staff to come back with som se things. CHAIRMAN COYLE: Yeah q st like to clarify something. We don't have a propo . m you because you're not ready, but it's been endorsed by rtorial board of the Naples Daily News; is that what you said? r� t MR. BILLINGTO t�deas and how we -- and including how we are going about thi far as getting this as far as along as we can before giving oar County Attorney. These conversations have been takm - e'.to ave taken place. CHAI YLE: And the procedure for getting something on the age *a ii : have an Executive Summary prepared, and that can only be do a �l you share the information with the county staff and the BILLINGTON: I made it plain, Fred, that that was so ing that was planned. I also made it plain there was discussions with Mr. Sheffield. I don't know where you're going with this. We want to cooperate. We want to help and get things done. CHAIRMAN COYLE: Well, I'm very appreciative of that fact, but you're presenting it as if this is something that you are Page 68 Packet Page -888- • 1 12/13/2011 Item 11.A. October 25, 2011 recommending and apparently have recommended; otherwise, it wouldn't be printed in the Naples Daily News, would it? MR. BILLINGTON: Well, I don't see where you're going on there. CHAIRMAN COYLE: Okay. MR. BILLINGTON: But you obviously were aware, so y could have made a phone just as easily, you know. What's the goose is fair for the gander. If you have a question, I wouave been more than happy to talk with you. CHAIRMAN COYLE: Just goes to motivatio MR. BILLINGTON: Thank Y ou. CHAIRMAN COYLE: Thank you very Okay. I will make arecommendation - m e a motion that we amend the County's Solicitation Ord' c a o, we bring back a to amend the county solic'tu�i r ' ance to require that proposal individuals and organizations be c dentified on a sign at the site of an collection activity, and to �ent that the collection activity Y is accomplished on private r ; that the individuals responsible for the collection activi 1 ister with the county and provide proof of permission to soli -at the specified business locations and any other items w 'ch We staff and the county attorney can recommend that ' Id be legally enforceable and nondiscriminatory. CO 0 R FIALA: I second the motion. C COYLE: Okay. C IONER FIALA: That's fair. COYLE: You need me to repeat the motion? I kRkoV 're getting tired of this. Okay. You got it? All right. mmissioner Hiller? COMMISSIONER HILLER: Yeah. I will be bringing a draft of that ordinance that has been developed collectively with the members of the community as well as the Sheriff s Department to the County Attorney and to the County Manager for their review, and I will go Page 69 Packet Page -889- 12/13/2011 Item 11.A. October 25, 2011 ahead and bring that forward and place it on the agenda as was promised to the veterans who came to me and asked me for help and support in this matter. CHAIRMAN COYLE: Okay. All in favor of the motion? COMMISSIONER HENNING: Wait a minute, wait a mine CHAIRMAN COYLE: Go ahead. COMMISSIONER HENNING: Question. You've beeoS'king on this for quite a while -- COMMISSIONER HILLER: Yes. COMMISSIONER HE NNING. -- Co mm1i' ss i o i l r. When do you propose to -- you might anticipate brie n a ? COMMISSIONER HILLER: Well, Mik 1 the process of drafting the wording which was basically a synt Resis of all the ideas that have been put forth by members of unity, and then we were going to, as soon as he was d rr just waiting on that draft -- have one more meeting, we've of more members that .-. g� g have joined the group, and ju�.., e sure that everybody agrees with that, and then give it to I d give it to Leo. So I anticipate, you = v'f all would go well, we could easily have it before you Novemb' or December at the latest. COMMISSI ER- -IENNING: Oh. You mean Mike Sheffield has been -- whi c, ike was doing this? MR. O Nike Hedberg. CO I NER HILLER: I'm sorry? CO IONER HENNING: You said Mike. I'm trying to -- SSIONER HILLER: From the Sheriffs Office, the MMISSIONER HENNING: Oh, oh, okay. COMMISSIONER HILLER: The sheriffs attorney was actually drafting some sample wording which synthesized all the ideas which have been put forth. And one of the issues that's very important is wording in an Page 70 Packet Page -890- 12/13/2011 Item 11.A. October 25, 2011 ordinance that allows the police to have the ability to act on the law because, obviously, you know, having something that doesn't give them the ability to go and, you know, stop these guys from doing wrong is a meaningless ordinance. COMMISSIONER HENNING: Right. COMMISSIONER HILLER: And so their involvemenZ important in this matter for this reason. And as I said, they're t process of helping out by drafting wording, and then the in was always to bring it back to Jeff and then, of course, havo review it and bring it to the board, you know, with an approp , xecutive summary for approval by this board and for prese t efore the public. COMMISSIONER HENNING: So m ne question is, why do we want to circumvent something alread.. a process? And I know the last item there was concern about . e. This is not using staff time until the item is read to co he board's consideration. The t y ,-� County Manager's Office and, portantly, the County Attorney's Office is going to it before it comes before the board. COMMISSIONER ER: Exactly. COMMISSI EWFIENNING: So why do we want to have staff working o ething that's already in the process? CHAIT YLE: Well, I can answer that. It's not already in the proc s. at I have recommended is not in the set of recom ens that have been presented by Commissioner Hiller. SSIONER HENNING: You're asking to amend an e i dinance, direct the County Attorney to bring back an ex ordinance that has -- is being worked on right now. It's the same ordinance. CHAIRMAN COYLE: No. The motion very clearly stated that the County Manager should bring back revisions to the ordinance, which included the two items I stated, plus any other Page 71 Packet Page -891- -- .. .. 12/13/2011 Item 11.A. October 25, 2011 recommendations that would help us better manage this problem, which could include anything that the police -- the sheriffs agency or any other agency, Commissioner Hiller or Mr. Billington -- COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: -- can provide for staffing by Colli County Government, which is responsible for these kinds of d and present those things. COMMISSIONER HENNING: Well, thanks for the clarification. I guess the question still stands, why are ing the county manager to do something that a commission eady working n with other agencies that can police an niece? g g p COMMISSIONER HILLER: I can answ COMMISSIONER COLETTA: Yeah ma I? My light's on. CHAIRMAN COYLE: Yeah. Co ' ner Coletta, go ahead. COMMISSIONER COLETTA� know exactly what you're saying. And good for you, issioner Hiller, for working on this and trying to bring it fo What Commissioner Co brought up is a little different thing that might be able lemented sooner than later. It's -- you know, to be able to ha a sign there at the site to be able to identify who they rare ism stopgap measure until you can come forward with ' w is, and everything can be incorporated in as it's taking place..' Your a e delayed. This is a simple measure to start something forward, and I support your motion and hope we can call ion soon. RMAN COYLE: Okay, okay. Commissioner Hiller. MMISSIONER HILLER: To begin, the suggestion about we ing these badges or -- the idea actually was put forth by Duane Billington. And, Commissioner Coyle, just a few minutes ago you were telling him how ridiculous that was and how there was no value to something like that. So I don't really understand where you're Page 72 Packet Page -892- 1P • 12/13/2011 Item 11.A. October 25, 2011 going. COMMISSIONER COLETTA: All right. Call the question. COMMISSIONER HILLER: I was very -- well, let me just finish, please. CHAIRMAN COYLE: Okay. All in favor, please signify saying aye. COMMISSIONER HILLER: Please let me finish. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by lik 1 Commissioner -- any opposed -- COMMISSIONER HENNING.- I tho t e were a board of five. I'm opposing the motion because i 's ' a waste of staffs time. CHAIRMAN COYLE: And 0 er Hiller is opposed. COMMISSIONER HILLER: othing more than the desire of Commissioner Coyle to have thi er under anybody's name except mine. It's as silly as that. CHAIRMAN CO not mind ou adding things to this if you wish to do so, .� y g g COMMISSIONEPVTIMLER: I'm sure you don't. CHAIRMAN OYLE: The problem is that you haven't followed proper proce S. e staff doesn't even know what you're talking about, the �geople Manager hasn't reviewed your proposal, and they're two of the who should have been involved in the process. They en working on this for over two years. { SSIONER HILLER: You know what, Commissioner CIN,ex you are always right. COMMISSIONER FIALA: Isn't it time for a break? COMMISSIONER HILLER: You are so right. CHAIRMAN COYLE: Yes, it is. COMMISSIONER HILLER: Absolutely. �i Page 73 Packet Page -893- A ti " ,,, 12/13/2011 Item 11.A. October 25, 2011 COMMISSIONER COLETTA: Thank you. I'm glad you recognized that. I agree with you. (A brief recess was had.) MR. SHEFFIELD: Chairman, you have a live mike. CHAIRMAN COYLE: Okay. County Manager, where do' go to now? Item # 1 O RECOMMENDATION TO GRANT A CERTIFIC OF PUBLIC CONVENIENCE AND NECESSITY FOR TE (LITY AMBULANCE TRANSPORTS TO AMBI DICAL TRANSPORT, INC., AND AUTHORIZE HEICOUNTy MANAGER TO ADVERTISE AND B ACK FOR FUTURE CONSIDERATION AN AMEND RDINANCE NO. 04- 12, AS AMENDED, RELATING ULANCE AND ADVANCED LIFE SUPPORT CES, FOR THE PURPOSE OF REVISING SECTIONS P ��INING TO CLASS 2 OPERATORS (POST - INTER - FACILITY MEDICAL AMBULANCE TRANRAla, SERVICES ) — APPROVED M3 we're on Item 10A. CHAIR44N GYLE. Okay. MR. C • It's a recommendation to grant a Certificate of Public Co.' once and Necessity for intrafacility ambulance trans 'Ambitrans Medical Transport, Incorporated, and ae county manager to advertise and bring back for future coiV ration an amendment to Ordinance No. 04 -12, as amended, related to ambulance and advanced life support services for the Purposes of revising sections pertaining to Class 2 operators. Mr. Summers, your director of the Bureau of Emergency Services, will present. Page 74 Packet Page -894- 12/13/2011 Item 11.A. November 8, 2011 (The following is the requested excerpt of proceedings.) Item #9E TO DIRECT THE COUNTY ATTORNEY TO RESEARCH THE CONSTITUTIONALITY OF THE PROVISIONS PROVIDES THE COUNTY'S SOLICITATION ORDINANCES, AND;11� COMMISSIONER COYLE "S DESIRE TO ENACT A SOLICITATION MORATORIUM, SO AS TO ENSURE THAT THE EXISTING PROVISIONS AND ANY POS 'FUTURE SOLICITATION MORATORIUM PROPOS LEI, NOT CONSTITUTE A PRIOR RESTRAINT UND� E FIRST AMENDMENT, NOR ANY OTHER CO , TITUTIONAL VIOLATION — APPROVED CHAIRMAN COYLE: Yes 9.P? MR. OCHS: Yes, sir. CHAIRMAN COYL fQ ay, let's do it. Its Commissioner Hiller's item, right? MR. OCHS: Yes,ir. 'It is to direct the County Attorney to research the Co tionality of the provisions provided in the county's solicitation ord na.ncts, and Commissioner Coyle's desire to enact a solicitation. mo orium so as to ensure that the existing provisions in "1 any possibl , e solicitation moratorium proposal shall not constifiu .a.rior restraint or under the First Amendment or any other C , n = onal amendment. IRMAN COYLE: Motion to approve. "Is there a second? COMMISSIONER HILLER: I'll second it for you. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: But hang on a second. Let's not -- (Excerpt) Item #9E: Page 2 Packet Page -895- 12/13/2011 Item 11.A. November 8, 2011 can we -- CHAIRMAN COYLE: We're going to have discussion. COMMISSIONER HILLER: Commissioner Coyle? CHAIRMAN COYLE: We're going to have discussion. COMMISSIONER HILLER: Hang on a second, don't make e motion yet. CHAIRMAN COYLE: Go ahead.` COMMISSIONER HILLER: The reason I brought ti s." forward is because it was -- you know, we had hoped to bring f-ward the Y I. recommendations to improve our ordinances to basica �l etter allow for solicitations in this county from a public safety dpoint, because there have been a lot of concerns about solicitations in public right -of -ways, and there had been concerns tat, you know, some of the solicitations might be done by agenp. ''� were fraudulent. And so a group of citizens, as,yo w, veterans had come to me and they proposed several solution e took those recommendations to the Sheriffs attorney who revs d them and felt that they were Constitutional as well as enfoi Pte. And then the County Attorney wanted time to review then r And in the processf all of this, what became very apparent to me was that this quen of soliciting and where you solicit is actually a very, very co catod matter, and that we as government have to be extremely arek,in how we craft our ordinances and what we propose with respect, solicitations. =here are many different types of solicitations. There are so. t ns by panhandlers, there are commercial solicitations, there ar6 itable solicitations, and there are different forums you can solicit in. There's a public forum, there are non - public forums. And then there's that area in between. And all that area is governed by the First Amendment. And there has been a lot of litigation with respect to that. (Excerpt) Item #9E: Page 3 Packet Page -896- 12/13/2011 Item 11.A. November 8, 2011 So I started to look back into what we have done, what our practices have been, what some of the considerations were that had been put forth, and I started to become very concerned, which is why I brought forward the suggestion I did today, to have the County Attorney research what our current ordinances say and whether th 're Constitutional, any potential proposal on a ban, which -- and the, County Attorney has already done some partial research on tila4 Ad I will comment to the research he's done, and also look into. Siks issue, of permitting, which has been a requirement in the coun g ` whether or not the way it's being done is again Constitutional an al. And to that end we also have a very speciaguest +here today who has signed up as a speaker. We have Marty Mo®rheac. And Marty is the executive director of the Muscular Dystbphy Association, and she's going to share with us some of 1he1egat issues that she knows about, because she does obviously., ople who solicit on her behalf. ;} One of the things that she vbe addressing is what's known as the Iris Roberts Act. And I':h copy of that here for anyone who wants to know anymore mVe, about. One thing I want ta share first is with respect to the issue of bans. And I did look o, the research that the County Attorney did. And here's my con,+ern, al this is in no way a reflection on Chairman Coyle's reGndation, because quite frankly he was sincere in his wishes to c j p with a good solution. The only problem is, is that whe pose a ban on solicitations, for it to be legal you have to h , --know, a compelling public concern. You have to have a cor,etling public reason to basically impinge on someone's First Amendment rights. And the concern I have when I look back at the various counties that have imposed bans is that they did have public safety reasons. They had histories of problems in the medians or they had accidents (Excerpt) Item #9E: Page 4 Packet Page -897- 12/13/2011 Item 11.A. November S. 2011 and injuries. So what they did is they had enforced bans because of evidence of problems. And those bans would in effect have the consequence of promoting public safety. We don't have that. We don't have a history of accidents in our medians related to solicitations. So for us to say that we want to bk solicitations in medians for public safety reasons without any e ience of there being any history of public safety concerns could po _'aly be challenged. While again, I think what Commissioner Coyle ggesting, you know, was with all the right intentions, my co on the legal side. And I don't want us to be put in a position .w. we face legal challenges. So that's why I would like the Co Attorney to go forward and to review all these issues to make sure we do the right thing, that we properly respect the Cons z itin; that we don't infringe on anybody's First Amendment rights; while at the same time promoting the interest of public safe So my motion is really verrx nple -- t CHAIRMAN COYMS it was my motion, but it's all right, go ahead. COMMISSIONER:HILLER: I like his motion. I don't mind him letting him make* motion. Maybe if he makes the motion he'll vote for it, right? y CHAIRNPAN COYLE: Not necessarily. COMMA %IONER HILLER: Not necessarily. I almost had him there. -gig e bottom line is it's a very, very p ve important issue. And we need_ to tread very, very carefully to make sure we do the right thing for the right reason. Should we have our public speaker? CHAIRMAN COYLE: Yes, call the public speaker. Na. MITCHELL: The speaker is Marty Moorhead. (Excerpt) Item #9E: Page 5 Packet Page -898- 12/13/2011 Item 11.A. November 8, 2011 MS. MOORHEAD: Good afternoon. And thank you very much for the opportunity to come and speak with you all today. My name is Marty Moorhead. I've had the pleasure of being the executive director for the MDA here for the last nine years. And I'd like to start off by thanking the community of Collier County and supporting MDA'X the past decades. A And two of the main fundraisers that we do in the Colli,ounty area is the MDA boot drive, which is held in March, and t een lso our Naples Telethon Executive Lock -up. I want the Boar+tq Very much understand how much we need these funds. Our abil ` t. collect and do our solicitation in March is vital to me being -_able to provide health care services in the local area." I know that there's been some questionf some of the organizations that have come in, but p1 awe r one of the organizations that are operating properly in your care zt at are very well respected, very well documented on where m *ney goes to. I send children to MDA summer camp, I have cl't shat I support, I provide wheelchairs, leg braces, telecaunication devices, all of the health services that we provide arebased on this ability to do our fundraiser in March, the solicitation: It "s over $50,000 for us. So please, I: - understand your concerns with others, but -- COMMM ,. S1ONER HILLER: Marty, can you address the Iris Roberts Act? MS. MO�'RHEAD: Absolutely. The Iris Roberts Act is -- was develoeAjjt &Jet organizations collect above the permitting process in cer-tak Neas, and basically allows an organization to collect for 10 da, _j total of 10 days, in a certain area for a year. And also, you have'to have insurance, you also have to be able to provide legal documentation that you are a valid registered nonprofit. So really, what our biggest concern is enforcing this. We feel that there are some organizations that may not be valid. I think that might (Excerpt) Item #9E: Page 6 Packet Page -899- 12/13/2011 Item 11.A. November 8, 2011 be some of the concerns of yours as well. But it really comes down to let's look at how we enforce this and make sure that it is valid, people, and make sure that we're not hurting the ones that are valid and are doing it for the right reason. COMMISSIONER HILLER: And just to add to that, the Iri Roberts Act basically provides that organizations that can provp4 's required by this statute, that they are in fact legitimate organiz*4L66s, are not required to get local government permits. MS. MOORHEAD: Absolutely not. COMMISSIONER HILLER: And local gove t can't ask them to get a permit because they are actually gxeript MS. MOORHEAD: That is correct. COMMISSIONER HILLER: This is the Act over here. I have a copy if anybody would like to take a to And so I've asked the County r to make sure that we are not asking organizations who are led to have permits when they don't need it. MS. MOORHEAD :_A ely. And it does have -- also to not have us to overdo it it has gimitation of 10 days per year. COMMISSIONER - HILLER: Right, exactly. So that's very important. CHAI 4 YLE: First, you understand that there was never any op l to keep you from soliciting funds. MS. M O AD: Absolutely. . We just -- when we know -- as soon ash, comes about and just start talking about it, you never know going to go. And so that's why we wanted to make sure that wv�were coming o make sure that you knew what it is that we do. g Y Because sometimes when -- we've seen it in other areas where it's been brought about because people were trying -- or abusing it. And unfortunately sometimes it can come about where it's discussed for everybody to be off the streets. (Excerpt) Item #9E: Page 7 Packet Page -900- 12/13/2011 Item 11.A. November 8, 2011 That's the only reason why we are here, to make sure. CHAIRMAN COYLE: You do understand there's a difference between having permission to solicit funds and having permission to solicit funds in the streets? MS. MOORHEAD: Well, Iris Roberts provides for it to be Nhe streets. COMMISSIONER HILLER: Yes. This specificall y .. relhs to nonprofit organizations. I'll just read this for the record. Ts, It's exempting certain nonprofit organizations frok mit requirements related to obstructing streets or roads � icitation purposes, establishing conditions certain nonp t o anizations must meet in order to solicit charitable donations on erffiia streets roads ' �,l and rights -of -ways, authorizing local goverrinert to halt solicitation activities if such conditions are not met, ` 'ding -- and, you know. And basically it goes on to lis hafthe requirements are that the local government needs to establish asrthe right level of proof to allow for these solicitations. And as said, it is for a period of time not to exceed 10 cumulative Oay si&hin one calendar year. And if you do fall within the parameters othis statute, then county government cannot force you to get permit. CHAIRMA¢ COYLE: Okay. I'll continue with my statement. The pro "sal, ;Rich was not approved by the Board, by the way, was that we hav'q..a temporary moratorium. And that temporary moratorium ; ould expire before your March fundraising event. ORHEAD: I apologize, we thought it was a six -month t lid take us through the end of March. RMAN COYLE: No, we clearly discussed in the meeting, and said let's not let it interfere with the March fundraising event. MS. MOORHEAD: Wonderful, thank you. CHAIRMAN COYLE: Okay? But the Board might not support it under any circumstance. But it is standard practice. And that's the (Excerpt) Item #9E: Page 8 Packet Page -901- 12/13/2011 Item 11.A. November 8, 2011 reason I'm making the motion here. It is standard practice for the County Attorney to look at the legality of anything we do. And we've already scheduled this to come back I think in the first meeting -- where's the County Manager? The first meeting in December. County Manager? MR.00HS: Sir. CHAIRMAN COYLE: Is that when this is coming bac MR.. OCHS: That's my plan, sir. I have to work in ction with your County Attorney to make sure he's comfortabl'ith the ordinance. But the direction from the Board was to 11 bring this back on the December meeting. CHAIRMAN COYLE: So we've already got Yt scheduled for the December meeting. It will be a time certa' I think. And it is common practice for the -- in fact, it's rei that the County Attorney review any of these thing © egality, enforceability and that sort of thing. So it's just a motion t what we were going to do anyway. And that's why I'm irl, & of it. COMMISSIONER HILIXR` Thank you, Commissioner Coyle. The only thing is thatctually wasn't quite the case. Because when you brought your motion forward before when I subsequently asked for what r ch was done and what had been determined with respect to the '- yow were proposing, the County Attorney had not done research Olt it. So I to make sure that going forward not only was the parti `_ L*Aie with respect to what amendments we would make to oi �`, in- ance be considered, but that these other issues be researched as well And with respect to a temporary moratorium, while I appreciate that's what you had been thinking, I question whether that would be Constitutional under the terms that you were proposing. CHAIRMAN COYLE: Well, if you're going to make the legal (Excerpt) Item #9E: Page 9 Packet Page -902- 12/13/2011 Item 11.A. November 8, 2011 interpretations, why do we need to ask the County Attorney? COMMISSIONER HILLER: Because I'm not making the interpretations, I'm questioning the legality of what we do as government, and it's my duty to, and it's the County Attorney's duty to do the research and bring back the answers to the questions. CHAIRMAN COYLE: Why don't we do that. County Attorney, you want to -- MR. KLATZKOW: No, I'm under Board direction pc&rk with the County Manager. We will bring back a revised pr "`mod ordinance for the Board's review. I'll be working with Ummissioner Hiller and her group for their input. I'll be wor ith the Sheriffs Office for Their input. And whatever is brou tba o ou will be P Y vetted for Constitutionality in the conforme with the -- COMMISSIONER HILLER: Bu i'more. I want to see a review of how we are permitting an. v h er what we are doing with respect to requiring permits pursua t any ordinance or any other law is legitimate and whether any that may be proposed in the future, for whatever reason, I thin needs to be an understanding of that. Because this is an issue w h apparently comes up quite frequently. And I think we need to address all these issues at this time in a very comprehensive not merely the proposals that we're going to bring forward to ad s t concerns of the veterans' -- MR. KL KOW: Commissioner, the ordinance that I bring to you will be���� vetted, okay, and it will be my professional license on the li se I'm the one who signs off for these that it will be la - That is always the case, ma'am, all right? v'� � HAIRNlAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: My biggest concern is not of course with people like MDA or any organizations that collect local money to help local people in very legitimate circumstances. What -- the big problem I have, and if we stop permitting, I don't know how we're (Excerpt) Item #9E: Page 10 Packet Page -903- 12/13/2011 Item 11.A. November 8, 2011 going to solve it then, are these people, the fly -by -night organizations that come in, they come into our community because we're considered -- I don't know that we are, but we're considered a wealthy community. And so they then prey on our people and take their money back and spend it however they please on whatever they please. And even. they give 20 cents toward helping a disabled veteran, everythi goes in their pocket. I want to stop that. And I'm hoping that whatever is ing on is going to not change that so that people like that are all to prey on our citizens. I have a big concern with that. CHAIRMAN COYLE: And that is the p os of ringing this back, see if we can et something that will stop a k g g p ind of practice without harming the legitimate organizati So all in favor, please signify by s V�40N e . COMMISSIONER HILLER:. . Kvw COMMISSIONER COLETT ye. COMMISSIONER F1 IL ye. COMMISSIONER G: Aye. CHAIRMAN COYL ye. Any opposed by lie sign? (This concludes ,th q requested excerpt of proceedings for Item #9E.) (Excerpt) Item #9E: Page 11 Packet Page -904-