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Ordinance 76-57 67 : FUNDS; REQUIRING THE DISCLOSURE OF C~RTAIN INFOR~tATIO~ BY THOSZ P~RSONS OR GROUPS SOLICITING PUBLIC CONTRI- FEE; PROVIDING ~ANS OF IDENTIFYING TIIE PERSONS OR GROUPS SOLICITIN~ PUBLIC FUNDS; PROVIDING FOR T~ FILING OF ~NUAL STATE~NT OF FINANCI~ CONDITIOn,, AUT[[ORIZING THE CLERK OF THE CIRCUIT COURT TO ~FUSE TO FILE A ~GIST~TION STATEmeNT ~{ICH DOES NOT I~;CL~E T~ ~QUIRED INFO--TIe};; PROVIDING A ~THOD OF APPE~ FROM T}~E DECISION OF THE CLERK OF T~ CIRCUIT COURT; PROVIDING T~T ~L ~GIST~TION STATE~'~NTS OTHER FILINGS BY PERSONS OR GRO~S SOLICITING PUBLIC FUNDS A~ TO BECO~ PUBLIC ~CO~S~ ~QUIRING PERSONS OR GROUPS SOLICITING PUBLIC F~DS TO ~EP ACCU~TE ~COKDS; DEFINING PROHIBITED ACTS~ PROVIDING FOR AN E~TION; PRO- VIDING FOR PEN~TY, SE~BILITY, CON- FLICT ~D EFFECTI~ DATE. WHEREAS, the people of Collier County are continuously subjected to all manner of requests for contributions by persons, groups, organizations, corporations and other entities; and ~IEREAS, tho origins, identities, and purposes of various groups are often unknown to the people of Colli~ County; and ~IEREAS, contributions solicited by unknown people d unknown groups may be used for purposes other than for which the contributions were made; and WHEREAS, the people of Collier County have a right to know to whom they are contributing and to know of the disposition of the contributed funds; NOW THERFORE BE IT ORDAINED by the Board of County Com- missioners of Collier County, Florida that~ SECTION ONE: Purpose: This Ordinance is designed to provide readily accessible information about people and groups who make public pleas for · contributions so that tho people of Collier County may make more informed dispositions of their hard earned properties when contributing them for publicly orientated purposes. SECTION TWO: 1. Public Solicitor - Any person, firm, corporation, association, organization, or other entity which solicits contributions from the general publio for other than a private purpose. This definition shall not be deemed to include bona fide religious institutions which are defined and limited as follows~ (1) "Religious Institutions" means churches, ecclesiastical or denominational organizations, or established physical places for worship in this state at which non-profit religious services and activities are regularly conducted and carried on and shall also include those bone fide religious groups which do not maintain specific places of worship. (2) "Religious Institutions" shall also include such separate groups or corporations which form an integral part of those institutions described in subparagraph (1) which are exempt from Federal Income Tax as exempt organizations under the provision of Section 501(c)(3} of the Internal Revenue Code of 19S4 and which are not primarily supported by funds solicited outside its own membership or congregation. (3) "Religious Institutions" soliciting contributions for the construction and maintenance of a house of worship or clergyman's residence. 2. Contributions - The promise or grant of any money or property or of any kind of value made to further the expressed or implied purposes of a public solicitor. 3. Solicit - Any request for contributions whether made by radio, television, newspaper, magazine, periodical, direct mall, display, spoken word or other means. 4. Private Purpose - The direct or indirect disposition of all contributions solely for the benefit of one person. SECTION THREE: Registration of Public Solicitors 1. Every public solicitor which intends to solicit con- tributions within this County, or to have funds solicited on its behalf, shall prior to any solicitation file a regis- tration statement with the Clerk of the Circuit Court disclosing the following information: 1} The name of tho 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 this 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 dis- closure of all the fiscal activities of the public solicitor during the three (3} 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. 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 five dollar ($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 publ£c 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 indentification shall include, but not be limited to, the name of the holder of the identification and the name and number of tho 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 Ac- countant or be submitted under oath by the Executive Officer of the public solicitor. SECTION FOURz Filing If a registration statement conforms with r~quirements of this Ordinance, it shall be filed by the Clerk of the Circuit Court. However, if thc registration statement does not include all of the required information, the Clerk shall refuse to file the application. Any applicant who is denied filing may, within twenty (20) days from the date of notification of such denial, request, in writing, a hearing before the Board of County Commissioners, which hearing shall be held within twenty (20) days from the date of request. The determination of the Board of County Commissioners shall be final. SECTION FIVE: Information Filed to Become Public Records Registration statements and applications, reports, and all other documents and information required to be filed %%nder this Ordinance shall become public record in the Office of the Clerk of Circuit Court, and shall be open to the genora% public for inspection at such time and under such conditions as the Board of County Cor~ntssioners may prescribe. SECTION SI):: Records to bo Kept by Public Solicitors Every public solicitor subject to the provisions of this Ordinance shall, keep true physical records, including but not limited to all income and expenses, within the purview of this Ordinance, as to its activities in Collier County as may be covered by this Ordinance in such form as would enable one accurately to provide the information required by this Ordinance. Upon demand, such records shall be made available to the Board of County Commissioners or an appropriate prosecuting attorney for inspection. Such records shall be retained for a period of at leasL three (3) years after the end of the period of registration to which they relate. 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 in this Ordinance. 2. No public solicitor subject to the provisions of this Ordinance, shall use or exploit ~he 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 Commissioners; provided, however, that the use of the following statement shall not be deemed a prohibited exploitation "registered with the Collier County Board of County Commissioners as required by Ordinance. Regis- tration 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 raislead anyone by .~ny manner, means, practice or device whatsoever, to believe that the person on whose behalf such solicitation or.sale ts 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 per~on 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 pub'ltc solicitor for the purpose of soliciting or Inducing contributions from the public without first being authorized to do so by the public solicitor. SECTION EIGHT: Exemptions No person, firm, corporation, association, organization, or other entity which is required by Chapter 10~ of the Florida Statutes to file regular reports of all contributions received and all expenditures made shall be subject to the provisions of this Ordinance. SECTION NINE: Penalty: Violations of this Ordinance shall b. punished as provided by law. SECTION TENs SevQrabilityl If any section, subsection, clause~ sentence or phrase of this Ordinance is for any reason held Unconstitutional or invalid, the invalidity thereof shall not affect the validity of any rematntn~ portions of this Ordinance. SECTION ELEVEN: Conflict~ Should this Ordinance conflict with other law, the more restrictive shall apply. If any part of this Ordinance con- flicts with any other part, it shall be severed and the remainder shall have full force and effect and shall be liberally construed. SECTION TWELVE: Effective Date~ This Ordinanca shall become effective upon becoming law. AT~EST: ,.~1 ~:~J~AR~T T. SCOTT, Clerk BOARD_ . ~ _OF COUNTY COMMISSIONERS '.."..BJ}'~. (' ~-i /- "/.j, COLLIER COUNTY, FLORIDA !" -' ., !~ ~ ', ,.~- ~, ~" ~ ~,,.,.~ ~ ~,..,~ ~] ""'"~''"Dep~tM'~lerk ~ '".'., .'... ' -' ~ ' · , ','.. Paged,December 14 1976 · , '"'.i"' '~' ,,..'~3..., Approved as ~o form and legal suf£icl~n~y~ ,, ,t~ ~.~,..,, ~,