Loading...
Chapter 34 - Charitable Solicitations Chapter 34 CHARITABLE SOLICITATIONS* Article I. In General Secs. 34-1-34-25. Reserved, Article II. Public Solicitation of Contributions Sec. 34-26. Definitions. Sec. 34-27, Purpose. Sec. 34-28. Exemption. Sec. 34-29. Registration of Public Solicitors. Sec. 34-30. Filing; refusal. Sec. 34-31. Information filed to become public records. Sec. 34-32. Records to be kept. Sec. 34-33. Prohibited Acts. Mod *Cross reference—Businesses,ch. 26. State law references—Authority to act in the common interest of the people of the county and exercise all powers and privileges not specifically prohibited(all in a manner not inconsistent with law),F.S. § 125.01(1)(w);solicitation of funds,F.S. ch. 496. Supp. No. 43 CD34:1 CHARITABLE SOLICITATIONS §34-29 ARTICLE I. IN GENERAL Solicit means any request for contributions whether made by radio, television, newspaper, Secs. 34-1-34-25. Reserved. magazine, periodical, direct mail, display, spoken word or other means. (Ord. No. 76-57, § 2) ARTICLE II. PUBLIC SOLICITATION OF Cross reference—Definitions generally, § 1-2. CONTRIBUTIONS Sec. 34-27. Purpose. Sec. 34-26. Definitions. This article is designed to provide readily ac- The following words, terms and phrases, when cessible information about people and groups who used in this article, shall have the meanings make public pleas for contributions so that the ascribed to them in this section, except where the people of the county may make more informed context clearly indicates a different meaning: dispositions of their hard-earned properties when contributing them for publicly orientated pur- Contributions means the promise or grant of poses. any money or property or of any kind of value (Ord. No. 76-57, § 1) made to further the expressed or implied pur- poses of a public solicitor. Sec. 34-28. Exemption. Private purpose means the direct or indirect No person who is required by F.S. ch. 106 to file disposition of all contributions solely for the ben- regular reports of all contributions received and i efit of one person. all expenditures made shall be subject to the 411./' provisions of this article. Public solicitor means any person who solicits (Ord. No. 76-57, § 8) contributions from the general public for other than a private purpose. This definition shall not be deemed to include bona fide religious institu— tions. (a) Every public solicitor which intends to so- Religious institutions means churches, ecclesi licit contributions within this County, or to have astical or denominational organizations, or estab- lished physical places for worship in this state at solicitation file a registration statement with the which nonprofit religious services and activities clerk of the circuit court disclosing the following are regularly conducted and carried on, and shall information: also include those bona fide religious groups which (1) The name of the public solicitor and the do not maintain specific places of worship. purpose for which contributions are being (1) Religious institutions shall also include solicited. such separate groups or corporations which (2) The principle address of the public solici- form an integral part of such institutions tor and the address of any offices in this which are exempt from federal income tax County. If the public solicitor does not as exempt organizations under the provi- maintain an office, the name and address sion of section 501(c)(3) of the Internal of the person having custody of its finan- Revenue Code of 1954, and which are not cial records. primarily supported by funds solicited out- side its own membership or congregation. (3) The names and addresses of any Chap- ters, branches or affiliates in the County. (2) Religious institutions includes those solic- iting contributions for the construction (4) The place where and the date when the and maintenance of a house of worship or public solicitor was legally established, clergyman's residence. the form of its public solicitation, and a Supp. No. 43 CD34:3 §L) COLLIER COUNTY CODE reference to any determination of its tax itary service for each solicitor. Evidence exempt status under the Internal Reve- that will be accepted includes, but is not nue Code. limited to: (5) The names and addresses of the officers, a. DD-214 or Statement of Service (Re- directors, trustees and the principle sala- port of Separation); or ried executive staff officer. b. Communication from military or vet- (6) A financial statement which covers corn- Brans office that contains informa- tion regarding military service or an plete disclosure of all the fiscal activities indication of military service. of the public solicitor during the three preceding years. The report shall specifi- (b) The registration forms shall be signed by cally identify the amount of funds raised an authorized officer and by the chief fiscal officer and all costs and expenses incidental of the public solicitor, shall be verified under oath thereto, all publicity costs, and the cost of and shall be accompanied by a $5.00 registration allocation or disbursement of funds raised. fee. The financial statement shall be verified under oath and attested to by the Chief (c) It shall be the duty of every public solicitor Fiscal Officer of the public solicitor. to furnish identification to persons who solicit contributions from the public on behalf of the (7) Whether the public solicitor intends to public solicitor. The person so soliciting shall be solicit contributions from the public di- required to have and produce or display on de- rectly or to have it done in its behalf. mand, identification indicating that the said so- licitor has been duly authorized by the public Whether the public solicitor is authorized solicitor for which he is soliciting. Such identifi- by any other governmental authority to cation shall include, but not be limited to, the solicit contributions and whether it is or name of the holder of the identification and the has ever been enjoined by any court from name and number of the certificate of registration soliciting contributions. of the public solicitor. (9) The general purpose or purposes for which (d) Each public solicitor shall annually on or the contributions to be solicited shall be before March 1st after the end of the calendar used. year, file with the clerk of the circuit court a statement showing the financial condition of the (10) The name or names under which it in- public solicitor as of the last day of the calendar tends to solicit contributions. year. The report shall be verified by a certified. (11) The names of the individuals or officers of public accountant or be submitted under oath by the public solicitor who will have final the executive officer of the public solicitor. responsibility for the custody of the con (Ord. No. 76-57, § 3; Ord. No. 2012-01, § 1) tributions. Sec. 34-30. Filing; refusal. (12) The names of the individuals of officers of the public solicitor responsible for the If a registration statement conforms with re- final distribution of the contributions. quirements of this article, it shall be filed by the clerk of the circuit court. However, if the registra- (13) Military Representation. During registra- tion statement does not include all of the required tion organizations whose solicitors repre- information, the clerk shall refuse to file the sent that they are veterans of the mili- application. Any applicant who is denied filing tary, or wear a military uniform or a may, within 20 days from the date of notification distinctive part of a military uniform must of such denial, request, in writing, a hearing provide evidence of present or former mil- before the board of county commissioners, which Supp. No. 43 CD34:4 ko/ CHARITABLE SOLICITATIONS §34-33 hearing shall be held within 20 days from the Board of County Commissioners as required by date of request. The determination of the board of Ordinance. Registration does not imply endorse- county commissioners shall be final. ment of a public solicitor for contribution. (Ord. No. 76-57, § 4) (c) No person shall, in connection with the solicitation of contributions for or the sale of Sec. 34-31. Information filed to become pub- goods or services of a person other than a chari- lic records. table organization, misrepresent to or mislead anyone by any manner, means, practice or devise Registration statements and applications, re whatsoever, to believe that the person on whose ports, and all other documents and information behalf such solicitation or sale is being conducted required to be filed under this article shall be is a charitable organization or that the proceeds come a public record in the office of the clerk of of such solicitation or sale will be used for chari- circuit court, and shall be open to the general table purposes, if such is not the fact. public for inspection at such time and under such conditions as the board of county commissioners (d) No person shall make any representation may prescribe. that he is soliciting contributions for or on behalf (Ord. No. 76-57, § 5) of a public solicitor or shall use or display any emblem, device or printed matter belonging to or Sec. 34-32. Records to be kept. associated with a public solicitor for the purpose of soliciting or inducing contributions from the Every public solicitor subject to the provisions public without first being authorized to do so by of this article shall keep true physical records, the public solicitor. Lif including but not limited to all income and ex- (e) No public solicitor shall represent that he penses,within the purview of this article, as to its or she is a veteran of the military, or wear a activities in the county as may be covered by this military uniform or other indication of military article in such form as would enable one accu- service, when the solicitor is neither a present, rately to provide the information required by this nor a former member of the service indicated. article. Upon demand, such records shall be made available to the board of county commissioners or (f) It shall be unlawful for any public solicitor an appropriate prosecuting attorney for inspec- to solicit funds within Collier County without tion. Such records shall be retained for a period of having a sign which identifies: at least three years after the end of the period of (1) The name of the public solicitor and the registration to which they relate. (Ord. No. 76-57, § 6) purpose for which contributions are being solicited; and Sec. 34-33. Prohibited Acts. (2) The principal address of the public solici- tor and the address of any offices in this (a) It shall be unlawful for any public solicitor County. If the public solicitor does not to solicit funds within Collier County without first maintain an office, the name and address filing a registration statement as provided by this of the person having custody of its finan Ordinance.Any person soliciting in Collier County cial records. must carry proof of having filed a registration Such sign shall be prominently displayed at all statement, and upon request must show such times, and shall be no less than two square feet proof in size, and no more than four square feet in size. (b) No public solicitor subject to the provisions of this Ordinance, shall use or exploit the fact of (g) It shall be unlawful for any public solicitor registration so as to lead the public to believe that to solicit funds in Collier County on private com- mercial registration in any manner constitutes an mercial property without first obtaining the ex- endorsement or approval by the Collier County press written permission of the owner, lessee, Supp. No. 43 CD34:5 § Loi COLLIER COUNTY CODE 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. (h) 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 F.S. ch. 901. (Ord. No. 76-57, § 7; Ord. No. 2010-12, § 1; Ord. No. 2012-01, § 2) itftio Supp. No. 43 CD34:6 Chapters 35-37 RESERVED CD35:1