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.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Contributions means 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.
Private purpose means the direct or indirect disposition of all contributions solely for the benefit of one person.
Public solicitor means any person who solicits contributions from the general public for other than a private purpose. This definition shall not be deemed to include bona fide religious institutions.
Religious institutions means churches, ecclesiastical or denominational organizations, or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and shall also include those bona fide religious groups which do not maintain specific places of worship.
(1)
Religious institutions shall also include such separate groups or corporations which form an integral part of such institutions which are exempt from federal income tax as exempt organizations under the provision of section 501(c)(3) of the Internal Revenue Code of 1954, and which are not primarily supported by funds solicited outside its own membership or congregation.
(2)
Religious institutions includes those soliciting contributions for the construction and maintenance of a house of worship or clergyman's residence.
Solicit means any request for contributions whether made by radio, television, newspaper, magazine, periodical, direct mail, display, spoken word or other means.
(Ord. No. 76-57, § 2)
Cross reference— Definitions generally, § 1-2.
This article is designed to provide readily accessible information about people and groups who make public pleas for contributions so that the people of the county may make more informed dispositions of their hard-earned properties when contributing them for publicly orientated purposes.
(Ord. No. 76-57, § 1)
No person who is required by F.S. ch. 106 to file regular reports of all contributions received and all expenditures made shall be subject to the provisions of this article.
(Ord. No. 76-57, § 8)
Sec. 34-29. - Registration of Public Solicitors.
(a)
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 of 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:
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.
(b)
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.
(c)
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.
(d)
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.
(Ord. No. 76-57, § 3; Ord. No. 2012-01, § 1)
Sec. 34-30. - Filing; refusal.
If a registration statement conforms with requirements of this article, it shall be filed by the clerk of the circuit court. However, if the 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 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 20 days from the date of request. The determination of the board of county commissioners shall be final.
(Ord. No. 76-57, § 4)
Sec. 34-31. - Information filed to become public records.
Registration statements and applications, reports, and all other documents and information required to be filed under this article shall become a public record in the office of the clerk of circuit court, and shall be open to the general public for inspection at such time and under such conditions as the board of county commissioners may prescribe.
(Ord. No. 76-57, § 5)
Sec. 34-32. - Records to be kept.
Every public solicitor subject to the provisions of this article shall keep true physical records, including but not limited to all income and expenses, within the purview of this article, as to its activities in the county as may be covered by this article in such form as would enable one accurately to provide the information required by this article. 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 least three years after the end of the period of registration to which they relate.
(Ord. No. 76-57, § 6)
Sec. 34-33. - Prohibited Acts.
(a)
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.
(b)
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 Commissioners as required by Ordinance. Registration does not imply endorsement of a public solicitor for contribution.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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 owner, 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.
(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)