Backup Documents 03/23/2010 Item #17B
To: Clerk to the Boar~:" Please place the following as a:
o Other:
(i)
178
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
~ Nonnallegal Advertisement
(Display Adv., location, etc.)
***************--*******-*************************-*******************************************************
Originating DepV Div: County Attorney Offiee Person: Jeffrey A. Klatzkow, County Attorney Date: March 5,2010
Petition No. (If none. give brief description): Amendments to Ord. Nos. 76-57 and 87-60, as amended (Public Solicitors)
Petitiooer: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
N/A
Hearing before
BCC
BZA
Other
VA tJ
~h,,"'\lO
Requested Heariog date: (Based on advertisement appearing 10 days before hearing. 4ttM9 BCC Meetiug. To be advertised uo
later than FRIDAY, AYKib 1, 2010)
'"""'"-~\-z..l
Newspaper(s) to be used: (Complete only if important):
~ Naples Daily News 0 Other
o Legally Required
Proposed Text: (Include legal description & common location & Size:
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 PROmBIT 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 CONFLIcr AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
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.
NOTE: PLEASE REVISE REMAiNDER OF AD TO REFLECT MULTiPLE ORDINANCE~
Companion petition(s), if any & proposed hearing date: N/A
Does Pe tion Fee include advertising cost? 0 Yes ~ No
Review d
--...~~'~
If Yes, what account should be charged fur advertising costs:
001-100510-649100 - P.O. 4500110664
A:-~C<o<61~Y;
ator or eSlgnee lJate
Proposed Ordinances
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manag~r's office will distribute copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Dlvisiou
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file,
***********************************************************************************************************
FOR CLERK'S OEfICE USE ONLY,
Date Received: B-'o - OD..JD Date o[Public hearing:.B-if31 0
Date Advertised:~' /reI 0
_.~-'-'-,,-~~---~-~----,-
Patricia L. Morgan
178
From:
Sent:
To:
Subject:
Attachments:
Hutch i n son Barbetta [BarbettaH utch inson@colliergov.net]
Friday, March 05, 2010 10: 19 AM
Minutes and Records; NeetVirginia
Legal Advertising
Legal Advertising.pdf
Under Florida Law. e~m8il Addresses Are pUhlic f0cords if you do not \NiHlt YOlil crrl1i1 ,jc!drcss '-',)ICil,;('d IIl!i,,:pOW;c to;1 pubiic rec(Jrd" H:1quesl, ria ;,und
electronic mail 10 this entity, Inslea(L contdct this office by tdephone Oi in wrl!il~q
178
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, "PROmBITED ACTS," IN ORDER TO
PRomBIT 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, ] 976, 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.
Sectioo Seven of Ordinance No. 76-57 is hereby amended as follows:
SECTION SEVEN: Prohibited Acts
J-
Words underlined are added; Words strue]( tl-.:eugh are deleted.
w
178
I. It shall be unlawful for any public solicitor to solicit funds within Collier County without first
filing a registration statement as provided by this Ordinance.
2. No public solicitor subject to the provisions of this Ordinance, shall use or exploit the fact of
registration so as to lead the public to believe that such registration in any manner constitutes an
endorsement or approval by the Collier County Board of County Commissioner as required by
Ordinance. Registration does not imply endorsement of a public solicitor for contribution.
3. No person shall, in connection with the solicitation of contributions for or the sale of goods or
services of a person other than a charitable organization, misrepresent to or mislead anyone by any
manner, means, practice or devise whatsoever, to believe that the person on whose behalf such
solicitation or sale is being conducted is a charitable organization or that the proceeds of such
solicitation or sale will be used for charitable purposes, if such is not the fact.
4. No person shall makc any representation that he is soliciting contribu1ions for or on behalf of a
public solicitor or shall use or display any emblem, device or printed matter belonging to or associated
with a public solicitor for the purpose of soliciting or inducing contributions from the public without
first being authorized to do so by the public solicitor.
5. No public solicitor shall represent that he or she is a veteran of the militarv. or wear a military
unifonn or other indication of militarY service. when the solicitor is neither a present nor a fanner .
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, F]orida. 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.
2.
Words underlined are added; Words atRial: thrBl;Igfl are deleted.
178 ,.
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,
F]orida, this _day of
,2010.
A TIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
App ove as to form
and gal lcien;:;:;
-_..<,,""-'~'
Jeffre
Coun
3 -
Words underlined are added; Words 3tRiel( thfeHgh are deleted.
"_'_.'~-"-_'"--,.~_.,.-..",..........-..--_.,--.._,---
17S
, ...
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 unifonn 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 mE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORlDA 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
.
.
.
F. Charitable Solicitations at Traveled Road Intersections.
I. 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 struele threugh are deleted.
178
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 (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 (lO) workdays after staffs receipt of the application (including proof of
required insurance), the application shall be deemed to be approved. Each permit application
mus1 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.
(ii) Military Uniform. Organizations whose solicitors reoresent that
thev are veterans of the military. or wear a military uniform or a distinctive Dart of a military
uniform must orovide evidence of ore sent or former military service for each solicitor. Evidence
that will be accepted includes. but is not limited to:
2
Words underlined are added; Words struek through are deleted.
'--""--~.'."---"-~~._"-'~"."'.'-""---'-
"--'-~--~--'--"-----~,~-,,--
178
a. DD-2I4 or Statement of Service (Reoort 9fSeoaration): or
b. Communication from military or veterans office that
contains information regarding military service or an
indication of military service.
W (Hi) 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 (anyone fire); at least $ I 5,000 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.
.
.
.
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 renwnbered 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 Sta1e.
3
Words underlined are added; Words slmok lhfBugllBre deleted.
.~'.~._--"-~'.~_._---._---,.~
17e "1
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
COWlty, 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
Approved as to form
and Ie sufficiency:
.--..-
"
Jeffreyj'
County tto. ey
:1
4
Words underlined are added; Words stroelc tht"eegh are deleted.
_..__.".~,.._----^
17 B f
Acct #068784
March 8, 2010
Attn: Legals
Naples News Media Group
1100 lmmokalee Road
Naples, Florida 34110
Re: Amending Ordinances 76-57 & 87-60
Dear Legals:
Please advertise the above referenced notice on Friday, March 12,2010, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann J ennej ohn,
Deputy Clerk
P.O. #4500110664
178
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, March 23, 2010, in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin
at 9:00 A.M. The titles of the proposed Ordinance(s) are as follows:
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.
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.
Copies of the proposed Ordinances
and are available for inspection.
attend and be heard.
are on file with the Clerk to the Board
All interested parties are invited to
NOTE: All Persons wishing to speak on any agenda item must register with
the County Administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 3 minutes on any item.
The selection of an individual to speak on behalf of an organization or
group is encouraged. If recognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding; you are entitled, at no cost to you, to
..
178
the provision of certain assistance. Please contact the Collier County
Facilities Management Department, located at 3301 Tamiami Trail East,
Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening
devices for the hearing impaired are available in the County
Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Ann P. Jennejohn
178
i
From:
Sent:
To:
Subject:
Attachments:
Ann P. Jennejohn
Monday, March 08, 2010 9:48 AM
Naples Daily News Legals
Ordinances Amending 76-57 & 87-60
Amending Ordinances 76-57 & 87-60.doc; Amending 76-57 & 87-60.doc
Good Morning,
Please advertise the attached on Friday, March 12. 2010.
Thank you.
Ann J ennejohn, Deputy Clerk
Clerk to the BCC/VAB
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (fax)
1
178
Ann P. Jennejohn
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, March 08, 2010 9:48 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested delivery status
notifications may not be generated by the destination.
I eQa Is@naplesnews.com
1
17P
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Monday, March 08, 2010 9:52 AM
Ann P. Jennejohn
RE: Ordinances Amending 76-57 & 87-60
ok
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Posted At: Monday, March 08, 2010 9:48 AM
Posted To: Legals - NDN
Conversation: Ordinances Amending 76-57 & 87-60
Subject: Ordinances Amending 76-57 & 87-60
Good Mornin9,
Please advertise the attached on Friday. March 12. 2010.
Thank you.
Ann J ennejohn, Deputy Clerk
Clerk to the BCC/VAB
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (fax)
Please visit us on the web at y..rww.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk@lcollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Ann P. Jennejohn
17p
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews.coml
Monday, March 08, 20109:56 AM
Ann P. Jennejohn
Ad Confirmation
UASA2D.jpg
ATTACHED please review your notice & confirm approval via emai!.
Emely Pagan: 239-213-6061
Thank you for placing yaur ad.
PUB. Date MAR. 12, 2010
Publication NDN
Ad Number 1843566
Total Ad Cost $290.34
1
NOTICE OF INTENTTO CONSIDER ORDINANCES 1 7 B
Notice is hereby given that the Board of COkmty Commissioners of CoTIler County
will hold" publIC hearing on Tuesday. March 23. 2010, In the Boardroom. 3rd Floor.
Administr<ltlon BLlrlding, Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida The meeting will begin at 9.00 A.M. The titles of the pro-
posed Ordinance(s) are as Tallows:
1
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN-
TY. FLORIDA. AMENDING ORDINANCE NO. 76-57. RELATING TO PUBLIC SOLICITA-
TIONS OF CONTRIBUTIONS, BY AMENDING SECTION SEVEN. "PROHIBITED ACTS."
IN ORDER TO PROHIBIT A PUBLIC SOLICITOR FROM MISREPRESE~.mNG 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.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLlEH COUN-
TY, FLORIDA, AMENDING ORDlNMJCE NO 87-60. AS AMENDED, AS IT RELATES TO
THE ISSUANCE OF I'ERMITS FOR CHARITABLE SOLlClTATIONS.AT ROAD INTERSEC-
TIONS. BY AMENDING SECTION THREE. "EXCEPTIONS." IN ORDER TO I~EQUIRE OR-
GANIZATIONS WHOSE 50LlCITOI~S REPRESENT THAT THEY ME VETERANS OF THE
MILITARY, Oil WEAR A MILITARY Ur'JIFORt.., OR A DISTINCTIVE PART OF A MILI-
T ARY UNIFORM TO PIIOVIDE EVIDENCE OF I)RESENT OR FORMER MILlTAHY SERV-
ICE FOR EACH SOLICITOR; PROVIDING I~OR INCLUSION IN THE CODE OF Ll\WS
AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY: AND PROVID-
ING FOR AN EFFECTIVE DATE.
Copies 01 the proposed Ordino1ltlC"" are on file WIth the Clerk to the 80ard and are
available for inspection. All Interested panles are InVited to attend and b,e heard.
NOTE: All Persons Wishing 10 speak on any agenda Item must register with the
County Admmistrator pnor to presentation of the agenda Hem to be addl'essed.
Individual speakers will be limited to 3 minutes on any item The selection of an in-
divldl.Jal to speak on behalf of an organization 01 group IS encouraged, If recog-
nized by the Chair, a spokesperson lor a group or organization may be. allotted 10
rlllll utes to speak on an item,
Persons wishrng to halle written 01 graphic m,nerials induded in The Board agenda
packets must submit said material a minimllm of 3 weeks prior lO the respective
publ ic hearing In any case, written m.aterials rntended to be considered by the
Board shall be submitted to the appropriatE! COlmt.y staff a minrmum at seven days
prior to the pubHc hearing. All material used in presentations betore the Board
will become a permanent Pilrt ot the record.
Any persan who decides to appeal a deci:.lon of the BOilrd will n.:ed a record Dfths
proceedings pertaining thereto and therefore, rnay need to en5ure that a verbatirTl
record af The proceedings 15 r:nade, which record includes the testimony and evi-
dence upon which the appeal IS based.
If you are a person .with a disability who nE'eds ilny acmmmodation In Drderto par.
ticipatE' in this proceeding; you are entitled, at no cost to you, to the proVision 01
CE'ltai.n assistance. Pleilse contact the Collier County Facilities Management Deeart,
ment, located at 3301 Tamiami Trail East, Buildinj;l W, Naples, Florida 34112, (239)
252-8380. Assi.sted listenin,9 devices for the heanng impaired are available in The
County Commissioners' Office
BOARD OF COUNTY COMIVIISSIONERS
COLLIER COUNTY. FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E BROC.K. CLERK
By: Ann J€nnejohn, Deputy Clerk
(SEALl
March 11. 2010
No1843566
~"'----'-'"'-~--~"" .'''.'''-'','~'->,''-_,_--~,,"-'~---,,,,,,,,,-,,--~,'''..__.,-~-~~-,,"..'<=><'."_.'-~""
Ann P. Jennejohn
178
.\
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy.com]
Friday, March 12, 2010 12:21 AM
Ann P. Jennejohn
Thank you for placing your classified advertisement.
Ad # 1843566
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Board of County
Commissioners of Collier County will hold a public hearing on Tuesday, March 23, 2010, in the Boardroom,
3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M. Thc titles of the proposed Ordinance(s) are as follows: 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 [S 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. 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
CHARIT ABLE SOLICIT A TIONS 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 MILIT ARY UNIFORM TO PROVIDE EVIDENCE OF PRESENT OR
FORMER MILITARY SERVICE FOR EACH SOLICITOR; PROVIDING FOR INCLUSION IN THE CODE
OF LA WS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposcd Ordinances arc on file with the Clerk to
the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All
Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation
of the agenda item to be addressed. Individual spcakers will be limited to 3 minutes on any item. The selection
of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a
spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to
have written or graphic materials included in the Board agcnda packcts must submit said material a minimum of
3 weeks prior to the respective public hearing. In any case. written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.
All material used in presentations before the Board will become a pernlanent part of the record. Any person
who decides to appeal a decision of the Board will need a rccord of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which thc appeal is based. If you are a person with a disability who needs any
accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 341 12, (239) 252-8380. Assisted listening devices for the
hearing impaired are available in the County Commissioncrs' Officc. BOARD OF COUNTY
COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E.
1
BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) March 12,2010 Nol843566
17B
j
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2
Naples Daily News
Naples, FL 34110
178
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/CDES BUDGET OFFICE
CLERK OF CIRC. COURT
POBOX 413044
NAPLES FL 34101
REFERENCE: 068784
59610201
#4500110664
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, persona
appeared Phil Lewis, who on oath says that
serves as the Editor and Vice President of
Naples Daily News, a daily newspaper publis
Naples, in Collier County, Florida: that tt
attached copy of advertising was published i
newspaper on dates listed.
Affiant further says that the said Naples
News is a newspaper published at Naples, in
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, E
day and has been entered as second class mai
matter at the post office in Naples, in saie
Collier County, Florida, for a period of 1 1
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for t
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 03/12
AD SPACE:
FILED ON:
98 LINE
03/12/10
NOT1Cl ~ INTEttt'm CONSloe~ORDiNANcE5 ,
NotiCe is herebyglilfn '~th& BoMd-Qf:CoIintY,C4mmbsioners of Collier C~l\ty
wl:lthold a public hearing oq;Tuftday;~'..~,in the B,oardroom. . ,3rd FI'oOr,
Administration Building,: QlUjill' 'C::oUntv" GOvtmn'l8ntCenter, 3301 ,East,'Tamlaml
Tral1. Naples; Florida.. ~ff'lHtJngwtn begin at 9:00 A~M. The tltl,es of the -pro-
posed_Ori:linance(s) areas.fof\o:iNl;:
AN ORDINANCE OF THE 8.RDOFCO\mTY c'OMMI551QNERS QF COllIER (PUN-
~L:~~D~&,G,~NANCE NO. 7:&~~~,~~~L~l(lt~;
Iff~?O'A;. "fIROM:'MISRE~tR.M' ';Olil
SHE 15 A VETERAN QF:1)tE ,9ROVtDlJ'IG '.00. ft'INClU5IQNJN THE COD ::_OF
LAWS AN!) OlttllNANaS. ", ' FOR,c!ONfl,;ICT' ANDUVERAsI\.ITY; AND
PROVIDING FORAN EFFeC11V!_tm " ,
AN OROINANCE OF THE OF COUflftY (~NER$ OF COLUER' COUN~
TV. FLORIDA. AMENDING At<lCE: NQ~.' 8877. "1f-.AhiI.' END-ED, As 11' IULA1'fS,TO,
THEISSUANCf,OF ,1'1: t~ITA;II:E" , , ATRQAD'-C.
TIONS, BY AMENblN<3 THfl:O;',~ _, ,.-ORO'ER rC1REQUi~$'::bR.
=~~ItW~E lMjU 'MY ~'~' A~rNMSe v:r~ r: J:(~
r~RY UNIFORM TO PROVtOl. IVlDlNtE QF ".SlNTOR FORMER MIlITARY saw.
lCE FOil EACH-SOLICITOR; "'f>>ROVI1)ltIG ~iNCWSlON IN THE CODe OF LA-WS
AND ORDINANCESi. "~OV1QJNG' Fall: (Of4FUCi' AND SEVERABILITY; AND PROVID-
lNGFcm ANt!F.FEcrlV1t~JE: .
Copies of the-'pfOpoted'Ordi!1:lIflCft,are on file With the Clerk to the Board and are
available-fOr inspectkin. Ail ~:partles,areirtvitedto attend and be heard.'
NQTE; All PersonS WishIAO,.~,'SPUk l'AanV8~-ttem mO$t',egl.nerwith the
COUItty Admin;nratQT ,l3lfIGlFf!) JjlI'~OI\ofttle' agenda jl;fl'fl to' be iiddres$ed.
IndMdual spQlters WiWfanl1'll1:ect,w3ri'ilntrtes on" Item. Tha selection ot mln-
djYidual to speak on beba!f,.of..1J'l orPoJi'atlOn or group is encouraged: If recog.
nlzed by the Chair, as~erson fQf,agrOlfp or orgaflization may:be allotted fO
mInutes to speak on an !tnt' ,:, ,
Persons'wishing to. heve w~n er9raP.hlc ~aJs included in the Board agtl:Kla
packets must submit,s8id,~ial.m-mlmurnof 3 weeks plior,to,theresped:lve
publk hearl.".9. In., ilny.C~ written m'8terl.ts Intended 'to' be confidered. by the
...... .".1 .,._.......'!ho,_,..._............... "'."'" d'Y!
prior totheptiblk:hOilnsf,A.It"iil'~,usetJ Inptl!5errtatloMWOtethe Board
will be-c:ome- a permanent part oflhe re~Ofd.
Any person who decides toapp..I, a decision of the. B9trclwill, need a recOrd of the
~~Ei~~thw~,i~w1S.~91~;::::u~~,.;;:~~
If you are a pe~~if4JsebititY'Wh_"" n,et:dsq .cxommodatlonln order to par-
ticipate in this p/tlthdintl: you ar-e " ,,' , ' at noCOft to you, to the provision of
. ce~in assist.ante." Please. ' conts.. ct them.. .CO""" , Facilit.".S MantjJ.ement Qepart-
ment, loc:ated~~;.t~_.1IJn1 Tmt',' .1UHctI~ W,"Nep,",Flqnoa ~H2\(239)
~~~;y~~r:~..~~fo":,,'~:flearffi~,,f(hPel';'d,.are available In the
BOARD'OFCOUN't"f C.OMMISS~RS
COL.L IER COV!'f1YJ. FLORIDA
FRiO W. COVLE, t;HAIRMAN
DWIGHT E,QROCK, ClERK
By: Ann Ji!nneJOhn, Deputy Cl8rk
(SEAt) . ' , ,:", '
--"'1
No1R4J'\S6
::~~::~::-~:-~::::~:--<::?~--~-------------+------------------------
Sworn to and Subscribed before me this \G -\-~ day of ~()~
Personally known by me
20lQ
171t4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Onice ['he completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
'fhCh" d'th "# hi'
exception 0 t e aIrman's slJ!;naturc, rawalme rough routmg Imes I thwugh #4, complete t e check 1St, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
2.
3.
4. Jennifer White, Ass!. County Attorney County Attorney JBW 3/23/10
5. Ian Mitchell, Supervisor - BCC Office Board of County Commissioners 1A 3/2'/10
Operations
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approva1. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oCthe addressl~es above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing theBCC Chairman's signature are (0 be delivered to the BCe office only atter the Bee has acted to approve the
item,)
Name of Primary Staff Jennifer B. White, Asst. County Attorney Phone Number 252-8400
Contact
Agenda Date Item was 3/23/1 0 Agenda Item Number 17-B
Approved bv the BCC
Type of Document Ordinance (Amending Ord. 76-57 - Public Number of Original One
Attached Solicitor's Ordinance) .?OlD -I d Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
I. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chainnan's signature line date has been entered as the date ofBCC approval of the JBW
document or the final ne otiated contract date whichever is a Iicablc.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JBW
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip JBW
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 3-23-10 and all changes made during the JBW
meetiug have been incorporated ill the attached docllment. The County Attorney's
Office has reviewed the chan es, if a licable.
N/A(Not
A licable)
JBW
I: Formsl County Forms/ Bee formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2405
08-MGR-00132/33
.~ '~'_""_"'~__R'."""~~~~"",,_~ '_._"o,~,_~,..,.<o_...,,,,,,,.._..,,.._.,,,,,.~~,.,,,.,.,,.~... .,...,...'"...."...' ..>~,~_".,_.
17B
ORDINANCE NO. 2010- 1..2...-...
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
1-
Words underlined are added; Words slruek tllreHgll are deleted.
178,
I. It shall be unlawful for any public solicitor to solicit funds within Collier County without first
filing a registration statement as provided by this Ordinance.
2. No public solicitor subject to the provisions of this Ordinance, shall use or exploit the fact of
registration so as to lead the public to believe that such registration in any manner constitutes an
endorsement or approval by the Collier County Board of County Commissioner as required by
Ordinance. Registration does not imply endorsement of a public solicitor for contribution.
3. No person shall, in connection with the solicitation of contributions for or the sale of goods or
services of a person other than a charitable organization, misrepresent to or mislead anyone by any
manner, means, practice or devise whatsoever, to believe that the person on whose behalf such
solicitation or sale is being conducted is a charitable organization or that the proceeds of such
solicitation or sale will be used for charitable purposes, if such is not the fact.
4. No person shall make any representation that he is soliciting contributions for or on behalf of a
public solicitor or shall use or display any emblem, device or printed matter belonging to or associated
with a public solicitor for the purpose of soliciting or inducing contributions from the public without
first being authorized to do so by the public solicitor.
5. No public solicitor shall represent that he or she is a veteran of the military, or wear a militarv
uniform or other indication of military service. when the solicitor is neither a present nor a former
member of the service indicated.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any
other appropriate word.
SECTION THREE:
CONFLICT ANI> 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 1he
remaining portion.
2 -
Words underlined are added; Words struek through are deleted.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
Iii
'.
PASSED AND DULY ADOPTED by the Board of Coun1y Commissioners of Collier County,
Florida, this ~day of t-\0jCY--
".J::,
ATTEin:
DWIGHT E. B'I}.OCk, CLERK
( " . , "'~
-
~~
( - ,
.' . .
By~' . '
:1I~.J::.r-, u Clerk
~
Approved as to form
and gal uf ciency:
,2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:AJJ- W. C~
FRED W. COYLE, CHAIR N
3 -
Words underlined are added; Words s(ruele tnra"!;n are deleted.
1'7B
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-12
Which was adopted by the Board of County Commissioners
on the 23rd day of March, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of March, 2010.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~:a~
Deputy Clerk
1:71..;tI
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hm1d delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after thL: Board has taken action on th(~ item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
f
exceotion 0 the Chairman's signature, draw a line through routing lines # I thwu!.!h #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
I (List in routing order)
I.
2.
3.
4. Jennifer White, Ass!. County Attorney County Attorney JBW 3/23/1 0
5. Ian Mitchell, Supervisor - BCC Office Board of Counry Commissioners ~ 3/'2."/10
Operations
6. Minutes and Records Clerk of Court's Office
(The primary contact is the holder of the original document pending IJCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was 3/23/1 0
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Jennifer B. White, Ass!. County Attorney
Phone Number
252-8400
17-6
One
Yes
(Initial)
JBW
N/A (Not
A licable)
Agenda Item Number
Ordinance (Amending Ord 87-60 -
Solicitation in Public ROW) 10-t
Number of Original
Documents Attached
JBW
JBW
JBW
JBW
JBW
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO date.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the Counry Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is ap lieable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on 3-23-10 and all changes made during the
meeting have been incorporated in the attached dncument. The County Attorney's
Office has reviewed the chan es, if a licable.
I: Formsl County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05
08-MGR-00I32/33
2.
3.
4.
5.
6.
-"W_'_~"''''~_'.~r"~'.__._'",_, ,..'...._.,~, .~,_,~.,~....,~,."
1:78 !,
ORDINANCE NO. 2010-..l..l-..
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 intcrsections 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
.
.
.
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 slrHO" t","ugh are deleted.
11B -
parking, including medians and shoulders. All public and private roads, including roads
separated by one or more medians, have two (2) exterior-mos1 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 contribu1ions 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 applican1 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 permi1tee may solicit at
any intersection at anyone time.
(ii) Militarv Representation. Organizations whose solicitors
represent that thev are veterans of the militarv. or wear a militarv uniform or a distinctive part of
a militarv uniform must provide evidence of present or former militarv service for each solicitor.
Evidence that will be accepted includes. but is not limited to:
2
Words underlined are added; Words slm"k IAroHgh are deleted.
178
a. DD-214 or Statement of Service (Report of Separation): or
b. Communication from militarY or veterans office that
contains information regarding militarv service or an
indication of military service.
fiB (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/dea1h; one million dollars for property damage;
at least $300,000 fire damage (anyone fire); at least $15,000 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.
.
.
.
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-Iettered 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.
3
Words underlined are added; Words slruek lhr8Ugh are deleted.
178
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this~ay of ~~
,2010.
ir
ATTEST:
D:VIGflT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,<
By:c .
Attel'i' Ui."J_triilIflfY
.t..... U r. _.,.
Approved as to form
and leg su lciency:
.J
By: ~tL w C~
FRED W. COYLE, CHAIRM N
4
Words underlined are added; Words stmck th;-ough are deleled.
178
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-13
Which was adopted by the Board of County Commissioners
on the 23rd day of March, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of March, 2010.
DWIGHT E. BROCK
Clerk of Courts and clerk
Ex-officio to Board of
County Commissioners
r;/v~~
By: Martha Vergara,
Deputy Clerk