Loading...
Ordinance 2012-01 T CE BY _�: ORDINANCE NO. 2012 -01 I• N ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 76-57, AS AMENDED, RELATING TO PUBLIC SOLICITATIONS OF CONTRIBUTIONS, BY AMENDING SECTION THREE, "REGISTRATION OF PUBLIC SOLICITORS," IN ORDER TO REQUIRE SOLICITORS REPRESENTING THAT THEY ARE VETERANS OF THE MILITARY TO PROVIDE EVIDENCE OF PRESENT OR FORMER MILITARY SERVICE, AND BY AMENDING SECTION SEVEN, "PROHIBITED ACTS," IN ORDER TO REQUIRE A PUBLIC SOLICITOR TO (1) CARRY PROOF OF REGISTRATION; (2) DISPLAY A SIGN WHICH IDENTIFIES THE PUBLIC SOLICITOR; AND (3) OBTAIN AND CARRY PROOF OF WRITTEN PERMISSION TO SOLICIT ON PRIVATE PROPERTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 14, 1976, the Board of County Commissioners adopted Ordinance No. 76-57 in order to regulate solicitations of contributions in Collier County; and WHEREAS, Ordinance No. 76-57, as subsequently amended, requires public solicitors to register with the Clerk of the Circuit Court and maintain accurate records reflecting all income and expenses; and WHEREAS, Ordinance No. 76-57, as amended, prohibits a public solicitor from misrepresenting or misleading anyone to believe that the public solicitation is being conducted for a charitable organization or that the proceeds of such solicitation or sale will be used for charitable purposes, if such is not the fact; and WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 76-57, as amended, in order to protect the public against unscrupulous solicitors, better inform the public as to who is requesting their contributions, and require solicitors representing that they are veterans of the military to provide evidence of present or former military service. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. M-57, AS AMENDED. r- N C Section Three of Ordinance No. 76-57, as amended, is hereby amended as follows: u;f,:: _ U):_ ,J a ' ill Page 1 of 5 Words underlined are added; Words struslk-though are deleted. a amr SECTION THREE: Registration of Public Solicitors. 1. Every public solicitor which intends to solicit contributions within this County, or to have funds solicited on its behalf, shall prior to any solicitation file a registration statement with the clerk of the circuit court disclosing the following information: 1) The name of the public solicitor and the purpose for which contributions are being solicited. 2) The principle address of the public solicitor and the address of any offices in this County. If the public solicitor does not maintain an office, the name and address of the person having custody of its financial records. 3) The names and addresses of any Chapters, branches or affiliates in the County. 4) The place where and the date when the public solicitor was legally established, the form of its public solicitation, and a reference to any determination of its tax exempt status under the Internal Revenue Code. 5) The names and addresses of the officers, directors, trustees and the principle salaried executive staff officer. 6) A financial statement which covers complete disclosure of all the fiscal activities of the public solicitor during the three preceding years. The report shall specifically identify the amount of funds raised and all costs and expenses incidental thereto, all publicity costs, and the cost of allocation or disbursement of funds raised. The financial statement shall be verified under oath and attested to by the Chief Fiscal Officer of the public solicitor. 7) Whether the public solicitor intends to solicit contributions from the public directly or to have it done in its behalf. 8) Whether the public solicitor is authorized by any other governmental authority to solicit contributions and whether it is or has ever been enjoined by any court from soliciting contributions. 9) The general purpose or purposes for which the contributions to be solicited shall be used. 10) The name or names under which it intends to solicit contributions. 11) The names of the individuals or officers of the public solicitor who will have final responsibility for the custody of the contributions. 12) The names of the individuals or officers of the public solicitor responsible for the final distribution of the contributions. 13) Military Representation. During registration organizations whose solicitors represent that they are veterans of the military, or wear a military uniform or a distinctive part of a military uniform must provide evidence of present or former military service for each solicitor. Evidence that will be accepted includes, but is not limited to: Page 2 of 5 Words underlined are added;Words strut gh are deleted. A. DD-214 or Statement of Service (Report of Separation); or B. Communication from military or veterans office that contains information regarding military service or an indication of military service. 2. The registration forms shall be signed by an authorized officer and by the chief fiscal officer of the public solicitor, shall be verified under oath and shall be accompanied by a $5.00 registration fee. 3. It shall be the duty of every public solicitor to furnish identification to persons who solicit contributions from the public on behalf of the public solicitor. The person so soliciting shall be required to have and produce or display on demand, identification indicating that the said solicitor has been duly authorized by the public solicitor for which he is soliciting. Such identification shall include, but not be limited to, the name of the holder of the identification and the name and number of the certificate of registration of the public solicitor. 4. Each public solicitor shall annually on or before March 1st after the end of the calendar year, file with the clerk of the circuit court a statement showing the financial condition of the public solicitor as of the last day of the calendar year. The report shall be verified by a certified public accountant or be submitted under oath by the executive officer of the public solicitor. SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 76-57, AS AMENDED. Section Seven of Ordinance No. 76-57, as amended, is hereby amended as follows: SECTION SEVEN: Prohibited Acts 1. It shall be unlawful for any public solicitor to solicit funds within Collier County without first filing a registration statement as provided by this Ordinance. Any person soliciting in Collier County must carry proof of having filed a registration statement, and upon request must show such proof. 2. No public solicitor subject to the provisions of this Ordinance, shall use or exploit the fact of registration so as to lead the public to believe that such registration in any manner constitutes an endorsement or approval by the Collier County Board of County Commissioner as required by Ordinance. Registration does not imply endorsement of a public solicitor for contribution. 3. No person shall, in connection with the solicitation of contributions for or the sale of goods or services of a person other than a charitable organization, misrepresent to or mislead anyone by any manner, means, practice or devise whatsoever, to believe that the person on whose behalf such solicitation or sale is being conducted is a charitable organization or that the proceeds of such solicitation or sale will be used for charitable purposes, if such is not the fact. Page 3 of 5 Words underlined are added; Words struck through are deleted. 4. No person shall make any representation that he is soliciting contributions for or on behalf of a public solicitor or shall use or display any emblem, device or printed matter belonging to or associated with a public solicitor for the purpose of soliciting or inducing contributions from the public without first being authorized to do so by the public solicitor. 5. No public solicitor shall represent that he or she is a veteran of the military, or wear a military uniform or other indication of military service, when the solicitor is neither a present, nor a former member of the service indicated. 6. It shall be unlawful for any public solicitor to solicit funds within Collier County without having a sign which identifies: 1) The name of the public solicitor and the purpose for which contributions are being solicited; and 2) The principal address of the public solicitor and the address of any offices in this County. If the public solicitor does not maintain an office, the name and address of the person having custody of its financial records. Such sign shall be prominently displayed at all times, and shall be no less than two square feet in size, and no more than four square feet in size. 7. It shall be unlawful for any public solicitor to solicit funds in Collier County on private commercial property without first obtaining the express written permission of the owners lessee, agent or occupant of the property. Any person soliciting on private property in Collier County must carry proof of such written permission, and upon request must show such proof. 8. The County may, but it is not limited to, enforce this ordinance through the issuance of a citation, by a notice to appear in County Court, or by arrest as provided for in Florida Statutes ch. 901. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCE. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Page 4 of 5 Words underlined are added;Words struelE-thceugh are deleted. separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this •O day of 0�u. , 2012. ' ......' OMPD"`., ATTEST:<"' '....!,"'•...®.6`.. BOARD OF COUNTY COMMISSIONERS DWIGH1 13RQ i .0 RK COLLIER COUNTY, FLORIDA Al i- z By i._ -' •" By AttileAk 1.2 0: FRED W. COYLE, CHAI AN Appr, ve. • to form an1�.,; � - Miley: tk,J 1 Jeffre 1. . •tzkow Count A r I rney This ordinance filed with the Secretory of State's Office t the 3`' day of `'0"' and acknowledgemen ofd try filing received . is Jwnuaur D/2 Of BY .if ' , __ ... . . o.wm er Page 5 of 5 Words underlined are added; Words strtcleugh are deleted. 4 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 2012-01 Which was adopted by the Board of County Commissioners on the 10th day of January, 2012 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of January, 2012 . DWIGHT E. BROCK Clerk of Courts and clerk Ex-officio to Boar County CommissidiegO sgot � S -% 0. -)71/ '. ''ot , 1,;', tie ,,„ Utdici"‘....1,cot/,. , ) ...?-!- , 9 . ;l ,X f ', ; ✓ As By: MarthaVg ,; Deputy erp � r