Agenda 03/23/2010 Item #17B
Agenda Item No. 178
March 23, 2010
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to adopt two ordinances which amend Ordinance No. 76-57 (the general
County Public Solicitor's Ordinance), and Ordinance No. 87-60, as amended (which
regulates solicitation in the public right-of-way), so as to prohibit public solicitors from
misrepresenting that they are veterans of the military, or soliciting in military uniforms,
when they are neither present nor former members ofthe military.
OBJECTIVE: That the Board of County Commissioners (Board) adopts two ordinances
intended to prevent solicitors from misrepresenting that they are or were members of the
military.
CONSIDERATIONS: Members of the public have questioned whether certain solicitors who
were representing themselves as veterans were in fact present or former members of the military.
The proposed amending ordinances are intended to address this concern, and address this issue
throughout the County, including the public right-of-way.
The amendment to Ordinance No. 76-57 (the general County Public Solicitor's Ordinance), adds
the following text:
"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."
The amendment to Ordinance No. 87-60, as amended (which regulates solicitation in the public
right-of-way), adds the following text:
"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
b. Communication from military or veterans office that contains
information regarding military service or an indication of military
service."
The County Attorney Office also researched state and federal law regulating the wearing of a
military uniform or a distinctive part of a military uniform. Florida law prohibits such conduct,
however, the Florida District Court of Appeal ruled this law unconstitutionally overbroad and
vague in 2008. Federal law (10 USC Section 771) also prohibits such conduct. Although
Section 771 remains unchallenged, it is not realistic to rely upon the federal government to
enforce this rule in Collier County.
At its March 9, 2010 regular meeting, the Board authorized the County Attorney Office to
advertise the amending ordinances for future consideration. Based on comments 1 received, I
Agenda Item No. 17B
March 23, 2010
Page 2 of 11
amended the proposed added text to Ordinance No. 87-60 from "Military Uniform" to "Military
Representation. "
LEGAL CONSIDERATIONS: The proposed amendments were drafted by the County
Attorney are legally sufficient. - JAK
FISCAL IMPACT: Estimated cost to advertise both ordinances is approximately $400 which
will be paid by the County Attorney Office,
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To adopt the attached two ordinances intended to prevent solicitors,
who are neither present nor fonner members of the military, from soliciting for contributions in
military uniforms or misrepresenting that they are members of the military.
Prepared by: Jeffrey A. Klatzkow, County Attorney, and
Jennifer B. White, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 178
March 23, 2010
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
178
Recommendation to adopt two ordinances which amend Ordinance No. 76-57 (the general
County Public Solicitors Ordinance), and Ordinance No. 87-60, as amended (which regulates
solicitation in the public right-of-way), so as to prohibit public solicitors from misrepresenting
that they are veterans of the military, or soliciting in military uniforms, when they are neither
present nor former members of the military.
3/23/2010 9:00:00 AM
Date
Prepared By
Jeff Klatzkow
County Attorney
3/11/201012:29:57 PM
Date
Approved By
Jeff Klatzkow
County Attorney
3/12/20101:54 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/15/20108:33 AM
Date
Approved By
Mark Isackson
Office of Management &
Budget
ManagemenUBudget Analyst, Senior
Office of Management & Budget
3/15/201011:50 AM
Agenda Item No. 178
March 23, 2010
Page 4 of 11
ORDINANCE NO. 2010-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 76-57, RELATING TO PUBLIC
SOLICITATIONS OF CONTRIBUTIONS, BY AMENDING
SECTION SEVEN, "PROHIBITED ACTS," IN ORDER TO
PROHIBIT A PUBLIC SOLICITOR FROM MISREPRESENTING
THAT HE OR SHE IS A VETERAN OF THE MILITARY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 14, 1976, the Board of County Commissioners adopted Ordinance
No. 76-57 in order to regulate solicitations of contributions in Collier County; and
WHEREAS, Ordinance No. 76-57 requires public solicitors to register with the Clerk of the
Circuit Court and maintain accurate records reflecting all income and expenses; and
WHEREAS, Ordinance No. 76-57 prohibits a public solicitor from misrepresenting or
misleading anyone to believe that the public solicitation is being conducted for a charitable
organization or that the proceeds of such solicitation or sale will be used for charitable purposes, if
such is not the fact; and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 76-57 in
order to prohibit a public solicitor from representing that he or she is a veteran of the military, such as
by wearing a military uniform or other indication of military service, when the solicitor is neither a
present nor a former member of the service indicated.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 76-57.
Section Seven of Ordinance No. 76-57 is hereby amended as follows:
SECTION SEVEN: Prohibited Acts
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Words underlined are added; Words strual( lhI'oligh are deleted.
Agenda Item No. 178
March 23, 2010
Page 5 of 11
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.
2. No public solicitor subject to the provisions of this Ordinance, shall use or expIoit the fact of
registration so as to lead the public to believe that such registration in any manner constitutes an
endorsement or approval by the Collier County Board of County Commissioner as required by
Ordinance. Registration does not imply endorsement of a public solicitor for contribution.
3. No person shall, in connection with the solicitation of contributions for or the sale of goods or
services of a person other than a charitable organization, misrepresent to or mislead anyone by any
manner, means, practice or devise whatsoever, to believe that the person on whose behalf such
solicitation or sale is being conducted is a charitable organization or that the proceeds of such
solicitation or sale will be used for charitable purposes, if such is not the fact.
4. No person shall make any representation that he is soliciting contributions for or on behalf of a
public solicitor or shall use or display any emblem., device or printed matter belonging to or associated
with a public solicitor for the purpose of soliciting or inducing contributions from the public without
first being authorized to do so by the public solicitor.
5. No DubHe solicitor shall reDresent that he or she is a veteran of the military. or wear a militarv
uniform or other indication of militarY service. when the solicitor is neither a Dresent nor a former
member of the service indicated.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any
other appropriate word.
SECTION THREE:
CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shalI be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
2-
Words underlined are added; Words struek tRr-91igil are deleted.
Agenda Item No. 178
March 23, 2010
Page 6 of 11
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
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
3 -
Words underlined are added; Words simek IhI'Bl.gIl are deleted.
Agenda Item No. 178
March 23, 2010
Page 7 of 11
ORDINANCE NO. 2010-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 87-60, AS AMENDED, AS IT
RELATES TO THE ISSUANCE OF PERMITS FOR CHARITABLE
SOLICITATIONS AT ROAD INTERSECTIONS, BY AMENDING
SECTION THREE, "EXCEPTIONS," IN ORDER TO REQUIRE
ORGANIZATIONS WHOSE SOLICITORS REPRESENT THAT
THEY ARE VETERANS OF THE MILITARY, OR WEAR A
MILITARY UNIFORM OR A DISTINCTIVE PART OF A
MILITARY UNIFORM TO PROVIDE EVIDENCE OF PRESENT
OR FORMER MILITARY SERVICE FOR EACH SOLICITOR;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 28, 1987, the Board of County Commissioners adopted Ordinance
No. 87-60 to regulate selling on public streets, highways and rights-of-ways; and
WHEREAS, Collier County Ordinance No. 04-51 amended Ordinance No. 87-60 to
allow charitable solicitations at road intersections subject to certain conditions and the issuance
of a permit; and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 87-60,
as amended, so as to require organizations whose solicitors represent that they are veterans of the
military, or wear a military uniform or a distinctive part of a military uniform to provide
evidence of present or former military service for each solicitor.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 87-60,
AS AMENDED
Section Three of Ordinance No. 87-60, as amended is hereby amended as follows:
THREE:
EXCEPTIONS
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F. Charitable Solicitations at Traveled Road Intersections.
1. In this subsection, "Road" means all geographic areas between the two exterior-
most edges of paved or unpaved surfaces available for and being used for vehicular travel or
Words underlined are added; Words struak lhI'oligh are deleted.
Agenda Item No. 178
March 23, 2010
Page 8 of 11
parking, including medians and shoulders. All public and private roads, including roads
separated by one or more medians, have two (2) exterior-most edges. "Road" includes streets,
highways, alleys, and other nouns that are used to describe facilities for traveling by, or in-the-
road parking of motor vehicles. This subsection applies to all roads over which Collier County
then has traffic control jurisdiction. "Pedestrian" means every individual who goes onto the
traveled road to interact with any operator or occupant of any vehicle being operated on the road,
including each supervisor while the supervisor is on the traveled road surface. "Participant"
includes the permit applicant each pedestrian, each supervisor, and every other individual
associated with the applicant and who is in the road during any of the subject in-the-road
activities.
2. A one-time per calendar year permit only to solicit charitable contributions at road
intersections in unincorporated Collier County then open to vehicular traffic may be acquired
from the Collier County Transportation Department, subject to continued compliance with all of
the following:
a. Eligible Permit Applicants. The applicant must be federal income tax
exempt under the United States Internal Revenue Code and must be registered as a solicitor of
contributions pursuant to Chapter 496, Florida Statutes, or have an annual letter of exemption
issued to the applicant pursuant to that Chapter.
b. Permit Application.
(i) There shall be no fee for the permit. The applicant shall submit to
the complete, executed standard application form to the County's Transportation. No incomplete
application shall be accepted. If the application form is not accepted by staff for any reason,
staff, not later than five (5) workdays following receipt of the application, shall inform the
applicant in writing of the reason(s) for non-acceptance. The time period for staff approval or
denial of an application shall not commence until a complete application form is accepted. Each
complete form shall be processed on a first applied-for, first processed basis. The Transportation
Department shall either deny the complete permit application (for stated reasons) or grant the
permit, within ten (IO) 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 staffs 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 anyone time.
(in Militarv Representation. Organizations whose solicitors
represent that thev are veterans of the militarY. or wear a militarv 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:
2
Words underlined are added; Words slf1Iel, lhre1igft are deleted.
Agenda Item No. 178
March 23, 2010
Page 9 of 11
a. DD-2I4 or Statement of Service (Report of Seoaration): or
b. Communication from militarY or veterans office that
contains information rel!ardimz militarv service or an
indication of militarv service.
W ili.U Insurance. Each application must include a Certificate of Liability
Insurance showing proof of generalliabiJity insurance that has policy limits of not less than one
million dollars per occurrence for personal injury/death; one million dollars for property damage;
at least $300,000 fire damage (anyone fIre); at least $I5,000 for medical expenses (anyone
person); at least two million dollars general aggregate, and at least two million dollars aggregate
for comprehensive liability, products. All such insurance must be in effect throughout the
solicitation time period. The permit shall automatically be rendered void if the required
insurance is not continuously in full force and effect throughout the solicitation time period. The
insurance must insure the applicant (entity or individual), all participants, and all third party
claimants who may assert claims for personal injury, death and/or property damage alleged to
have been caused by, or resulted from, the applicant's in-the-road activity. Collier County must
be a named insured.
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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
applicabIe 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.
Words underlined are added; Words stRJok through are deleted.
Agenda Item No. 178
March 23. 2010
Page 10 of 11
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
4
Words underlined are added; Words Sinisi, lhrBlIglt are deleted.
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(.] :1'lll"'I[~:fII:J ~ j ~ j [.] I~. (.] :1'] m'm~:fII:J~ jkH']I~.
NOTICE OF INTENT TO CONSIDER ORDINANCES
':f1fi1~1~ ~~~~C ~::~in~:n ~~e~do::.d MO:rC~O~~~O~~~r;:i~~~Be~r~~o~~~13rdC~~~~
~r~W.ln~~~,~~~nFI~r~~~~ngfh;d~~ti;:U:ti ~~j~~T~~o ,:~~rin~3~~le~a~ ~~:~~~~:
posed Ordinance(s) are as follows:
AN ORDINANCE OF THE BOARO OF COUNlY COMMISSIONERS OF COLUER CDUN-
lY, FLORIOA, AMENDING ORDINANCE NO. 76.S7. RELATING TO PUBLIC SOLlCITA.
,TlONS OF CONTRIBUTIONS, BY AMENDING SECTION SEVEN. "PROHI8ITEDAcr5,"
IN ORDER TO PROHIBIT A PUBLIC SOLICITOR FROM MISREPRESENTING THAT HE OR
SHE IS A VETERAN OF THE MILITARY; PROVIDING FOR INCLUSION IN THE COOE OF
LAWS AND OROINANCES; PROVIDING FOR CONFUCT AND SeVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. "
",. ,
AN ORDINANCE OF THE BOARD 'OF COUNlY COMMISSIONERS OF COLLIER COUN.
lY, FLORIDA, AMENDING OROINANCE NO. 87-60, AS AMENOED, AS IT RELATES TO
'THE ISSUANCE OF PERMITS FOR CHARITABLE SOLICITATIONS AT ROAD INTERSEC.
. TlONS. BY AMENOING SECTION THREE, "EXCEPTIONS: IN OROER TO REQUIRE OR.
'"GANIZATlONS WHOSE SOUCITORS REPRESENT THAT THEY ARE VETERANS OF THE
MILITARY, OR WEAR A MILITARY UNIFORM OR A OISTINCTlVE PART OF A MILl.
TARY UNIFORM TO PROVIDE EVIOENCE OF PRESENT OR FORMER MILITARY SERV.
ICE FOR EACH SOLICITOR; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT ANa SEVERA8ILITY; AND PROVID.
ING FOR AN,EFFECTlVE DATE.
Copies of the proposed Ordinances are on file with the Clerk to the Board and are
available for Inspection. All interested parties are ih~ited to attend and b~ hear~.
NOTE: All Persons wishlng'to speak on any agenda Item rnusf.register with the
~~~~i~u;~~~~~~~t~lrPb~~i~itlJ~oe~t~~~~~: o~~n~g~~~ li~~. s~~~iona~~r:~si~~
dlvidual to speak on behalf of an organization or group_Is encouraged. If recog-
nized by the Chair. a spQkesperson -for a group or organiution may be allotted 10
minutes to speak on an item.
Persons wlshing to have written or graphic materials included in the Soard age~da
packeu must submit said material,. minimum of 3- weeks - prior to the res~ecti~e
G~~~~ s~~T[i~. su~r:n~ c:~eih::r:~~o;~~~i~~u~n~e~a~ :om~~~~~Si~jr::~e/ d~
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any p~rson who decides to appeal a decision of the-Board will 'need a record 'of the
~:~~;Jd~7g:h~e~:~~~~3i~;rrstom~~~, t~eh~~or~ec~rdY i~~~d:: ihr:uf:sti~~n~ ~~~a~~
dence upon which:t,he appeal is based. -
If you are a person with - a disability who needs any accommodation in order to - par-
tiCipate in this proceeding; you are entitled. at no cost to you, to the provision of
~~tn I~~dn;~. 3~~r~a~~~r T~~~ f~~e~5IdY~i yj~C~~~~:s,MF'~~j~~m3e4~\ feFi~~)
252-8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNlY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
rl~Acnn Jennejohn,.Deputy Clerk
Marrh " '010
Nol843566
Agenda Item No. 178
March 23, 2010
Page 11 of 11