Sec. 74-1. - Title.

This chapter shall be known as the Pasco County Solicitors and Charitable Solicitation Ordinance.

(Code 1970, § 16½-51; Ord. No. 92-05, § 1, 4-15-92)

Sec. 74-2. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agent means an individual who is authorized to represent and act for a business and whose function is to engage in door-to-door canvassing, selling, demonstrating or taking orders for goods, wares, merchandise or services that are to be delivered immediately or at a later time and also includes an individual who is authorized as a paid solicitor to represent and act for a charitable organization and whose function is to go door to door soliciting contributions for the charitable organization.

Contribution means the donation, promise or grant of any money or property of any kind or value.

Director means the director of the public information department or his designee.

Drummer means a person engaged in soliciting orders, including exhibiting samples, for the purpose of effecting sales for a nonresident merchant.

Home solicitation sale means a sale, lease or rental of consumer goods or services with a purchase price in excess of $25.00 which includes all interest, service charges, finance charges, postage, freight, insurance and service or handling charges, whether under single or multiple contracts made pursuant to an installment contract, a loan agreement, other evidence of indebtedness or a cash transaction or other consumer credit transaction in which:

(1)

The seller or a person acting for him engages in a personal solicitation of the sale, lease or rental at a place other than at the seller's fixed-location business establishment where goods or services are offered or exhibited for sale, lease or rental; and

(2)

The buyer's agreement or offer to purchase is given to the seller and the sale, lease or rental is consummated at a place other than the seller's fixed-location business establishment, including a transaction unsolicited by the consumer and consummated by telephone and without any other contact between the buyer and the seller or the seller's representative prior to the delivery of the goods or performance of the services. It does not include a sale, lease or rental made at any fair or similar commercial exhibit or a sale, lease or rental that results from a request for specific goods or services by the purchase or lease or a sale made by a motor vehicle dealer licensed under F.S. § 320.27 which occurs at a location or facility open to the general public or to a designated group.

Peddling means traveling by foot, automotive vehicle, motor truck or any other type of conveyance from place to place, house to house or from street to street carrying, conveying, transporting, offering for sale or selling goods, wares, merchandise or services or making deliveries of goods, wares or merchandise from place to place or house to house within the unincorporated area of the county. Any person who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade this chapter shall be deemed to be engaged in peddling and shall be subject to this chapter.

Person means any individual (proprietorship), company, partnership, limited partnership, association or corporation. It shall also include an organization, church, group, corporation, association, partnership, individual or if applicable any other entity which raises funds for charitable purposes or which solicits contributions for charitable purposes acting as a professional solicitor.

Professional solicitor means any person who is compensated for his solicitation of funds for charitable purposes in any manner whatsoever that is based on or related to the amount of money or property collected as a result of his solicitation of funds. A paid fundraising counsel shall not be deemed to be a professional solicitor.

Solicit funds or solicitation of funds means any professional solicitor proceeding door to door within the unincorporated area of the county requesting the donation of money, property or anything of value or the pledge of a future donation of money, property or anything of value or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including but not limited to books, pamphlets, publications or subscriptions to publications or brochures, upon the representation, express or implied, that the proceeds of such sale will be used for a charitable purpose as such term is defined in this section. Expressly excluded from the meaning of the term "solicit funds" or "solicitation of funds" is any offer of membership in any charitable organization. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the unincorporated area of the county.

Soliciting means offering for sale, selling or delivering any wares, merchandise, goods or services within the unincorporated area of the county.

(Code 1970, § 16½-54; Ord. No. 92-05, § 4, 4-15-92)

Cross reference— Definitions generally, § 1-2.

Sec. 74-3. - Purpose and intent.

It is the purpose and intent of this chapter to preserve the health, safety and welfare of the citizens of the county and to provide reasonable procedures and standards for permitting professional soliciting with soliciting to encompass both the sale or delivery of goods, wares, services or merchandise or solicitations of a charitable nature.

(Code 1970, § 16½-52; Ord. No. 92-05, § 2, 4-15-92)

Sec. 74-4. - Exemptions.

The following activities are exempt from this chapter:

(1)

The permit requirements found in section 74-7 which shall not apply to any solicitation or solicitation of funds made upon premises owned or occupied by the entity upon whose behalf such solicitations are made or to any entity soliciting contributions solely from persons who are members thereof at the time of solicitation.

(2)

Individuals soliciting funds for political organizations or parties.

(3)

A person commonly called a drummer, where the only activity is soliciting sales of which goods are thereafter to be shipped in interstate commerce.

(Code 1970, § 16½-55; Ord. No. 92-05, § 5, 4-15-92)

Sec. 74-5. - Home solicitation sales.

It shall be unlawful for any person to conduct any home solicitation sale as defined in this chapter and as prescribed in F.S. § 501.021 without first obtaining and having in personal possession a valid, current home solicitation sale permit from the clerk issued in accordance with F.S. § 501.022, or without having in personal possession a valid, current certificate from the division of consumer services of the state department of agriculture and consumer services which permits the certified holder to engage in home solicitation sales on a statewide basis.

(Code 1970, § 16½-56; Ord. No. 92-05, § 6, 4-15-92)

Sec. 74-6. - Unlawful acts.

(a)

As used in this section, the term "premises" means any part of the buildings located on a lot or parcel of land utilized for living purposes.

(b)

In addition to any other prohibition contained in this chapter, it shall be unlawful for any professional solicitor to:

(1)

Enter the premises of a private resident for the purpose of soliciting funds after the property owner has given notice, either by posting such notice on the property or by placing such notice in a newspaper of general circulation in the area, that such owner is not interested in being approached by any person engaged in or soliciting funds.

(2)

Enter the premises of a private resident for the purpose of soliciting funds between the hours of 10:00 p.m. and 7:00 a.m.

(3)

Fail to display the permit issued pursuant to this chapter while engaged in the activity for which the permit was issued.

(4)

Use any misrepresentation or false statement to solicit funds.

(5)

Solicit any contribution from the public for any charitable purpose unless a permit has been issued to the professional soliciting such solicitation.

(6)

Make or perpetrate any misleading statements, deception or fraud in connection with any solicitation of any contribution for any charitable purpose or purported charitable purpose.

(7)

Use the fact that he has a charitable solicitation permit so as to lead the public to believe that such permit constitutes an endorsement or approval by the county.

(8)

Commingle contributed funds with that of his own funds.

(Code 1970, §§ 16½-57, 16½-61; Ord. No. 92-05, §§ 7, 11, 4-15-92)

Sec. 74-7. - Permit required.

(a)

Any professional solicitor soliciting funds for a charitable purpose in the county shall apply to the director of the public information office for a charitable solicitation permit on forms provided by the director. At the time of filing the application for a charitable solicitation permit, such applicant shall pay a permit fee of $10.00. The application form shall contain the following information:

(1)

The name of the person applying and desiring to solicit funds for charitable purposes.

(2)

Whether the person applying is a natural person, partnership, association or corporation and:

a.

If a natural person, the business or residence address and telephone number.

b.

If a partnership, the names of all partners and the principal business address and telephone number of each partner.

c.

If a corporation, whether the corporation is organized under the laws of the state or is a foreign corporation and the mailing address, business location, telephone number, name of individual in charge of soliciting funds in the county for such corporation and the names of all officers and directors or trustees of such corporation and, if a foreign corporation, the place of incorporation and registration date and certificate to operate in the state as a foreign corporation.

d.

If an association, the association's business address and telephone number, if any, and names and principal business or residence address and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multistate organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office.

(3)

A reference to all determinations of tax-exempt status under the Internal Revenue Code of the United States and any law of any state and the law of any county or municipality of the entity for which the solicitations will be made.

(4)

A brief description of the charitable organization the professional solicitor represents, the charitable purpose for which funds are to be solicited and a brief explanation of the intended use of the funds toward that purpose.

(5)

The names, mailing addresses and telephone numbers of all individuals who will be in direct charge or control of the solicitation of funds.

(6)

A brief description of the methods and means by which the solicitation of funds is to be accomplished.

(7)

The time period within which the solicitation of funds is to be made, giving the date of the beginning of the solicitation and its projected conclusion.

(8)

The names of any other cities and counties in the state in which the person applying has collected funds for charitable purposes within the past three years, but if the person applying has collected funds for charitable purposes in more than five other cities or counties in the state, the person applying may list the five cities and counties in the state in which the most recent collections occurred.

(9)

A statement to the effect that if a charitable solicitation permit is granted, such permit will not be used as or represented to be an endorsement by the county or any of its officers or employees.

(10)

The name of any officer, director, trustee, partner or any current agent or employee engaging in the professional solicitation of funds who has been convicted of a felony or a misdemeanor involving moral turpitude within the last five years, the nature of the offense, the state in which the conviction occurred and the year of such conviction.

(11)

A brief explanation of the reasons, if the person applying is unable to provide any of the information required in subsections (a)(1) through (10) of this section, why such information is not available.

(b)

The application must be read by the applicant, if the professional solicitor applying is an individual; if the professional solicitor applying is a partnership, by the partner charged with disbursing funds solicited; if the professional solicitor applying is a corporation or organization, by its officer charged with disbursing funds solicited. The individual signing the application shall sign the application and swear before an officer authorized to administer oaths that he has carefully read the application and that all information contained therein is true and correct.

(c)

After a review of the application to determine its compliance with this section and within ten working days of the receipt of the application, the director shall either issue a charitable solicitation permit, as provided in this section, or notify the person applying that the application does not comply with this section and specifically point out what information or explanation has not been furnished that is required before a charitable solicitation permit will be issued.

(d)

If, for any reason, the director refuses to issue a charitable solicitation permit to any professional soliciting organization that has filed an application and the professional soliciting organization disagrees with this decision, the county shall bear the burden of initiating, within ten working days of the denial, a proceeding in the form of a declaratory judgment action pursuant to F.S. ch. 86 to review the director's refusal to grant a charitable solicitation permit. In such proceeding, the professional soliciting organization seeking the charitable solicitation permit shall be considered a party in interest. Unless and until the circuit court rules that the director has properly refused to issue a charitable solicitation permit, the professional soliciting organization may solicit funds without compliance with sections of this chapter pertaining to permits.

(e)

In such judicial review proceedings, a professional soliciting organization may also raise the question to the court that furnishing a specific item of information or explanation under this chapter constitutes a special or unique hardship to the charitable organization represented by the professional solicitor, and the court shall have jurisdiction in such review process, upon concluding that disclosure constitutes a unique or special hardship, to dispense with the furnishing of that information or explanation so that a charitable solicitation permit can be issued.

(f)

Any professional soliciting organization that has filed an application for a charitable solicitation permit with any state, city or county during the preceding 12 months containing substantially the same information under oath as requested in this section and that submits proof that it has been issued a charitable solicitation permit may file a copy of such application with the director, and such professional soliciting organization shall be deemed to have complied with this section relating to preparing and filing an application as long as such prior application remains valid.

(g)

Any permit issued pursuant to this section shall expire 12 months from its issuance.

(Code 1970, § 16½-58; Ord. No. 92-05, § 8, 4-15-92)

Sec. 74-8. - Display of permit.

The permit issued pursuant to this chapter shall be prominently displayed on the person of any professional solicitor during the time such professional solicitor is engaged in soliciting funds for the charitable purpose.

(Code 1970, § 16½-59; Ord. No. 92-05, § 9, 4-15-92)

Sec. 74-9. - Effect of no soliciting signs.

Should any person post on his leased or owned real property, in an obvious and immediately visible place, a sign stating "no solicitors," "no soliciting" or "no trespassing," any holder of a permit issued under this section shall honor such sign and not solicit the premises.

(Code 1970, § 16½-60; Ord. No. 92-05, § 10, 4-15-92)

State law reference— Trespass, F.S. §§ 810.08, 810.09.

Secs. 74-10—74-30. - Reserved.