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,:: _
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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:
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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.
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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
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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:
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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
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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 2012-02
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, _C]rerk
Ex-officio to g0I010
County Comm' ories f - ~
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By: Martha V- Tei...
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giDeputy alLer p ,