Ordinance 92-2773 ORDINANCE NO. 92-2773
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 38 OF THE MIAMI BEACH
CITY CODE ENTITLED "SOLICITATIONS" BY AMENDING SECTIONS
38-2 ENTITLED "SOLICITATIONS BOARD" AND 38-13 ENTITLED
"RULE-MAKING AUTHORITY" BY REPEALING SAID SECTIONS IN
THEIR ENTIRETY; AMENDING SECTIONS 38-3, 38-6, 38-7 AND
38-12 ENTITLED "RECOMMENDATION OF BOARD", "REGISTRATION
REQUIREMENTS", "REGISTRATION FORMS; AND PUBLIC
DISCLOSURE", AND "EXEMPTIONS", RESPECTIVELY, SO AS TO
CHANGE ALL REFERENCES OF "SOLICITATIONS BOARD" TO "CITY
MANAGER OR HIS DESIGNEE"; AND RENUMBERING CODE SECTIONS
TO REFLECT AMENDMENTS; PROVIDING FOR REPEALER; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA.
SECTION 1.
That Chapter 38 of the Miami Beach City Code governing
"Solicitations" be and the same is hereby amended to read as
follows:
Sec. 38-1. Definitions.
For the purposes of complying with this Ordinance, the
following definitions shall aooly:
(a) Solicitations shall mean and include all direct person-
to-person requests for contributions for any religious, political,
associational, educational, benevolent, health-related, humane,
philanthropic, patriotic, or eleemosynary function, event,
organization or purpose, or for any charitable cause. The term
"solicitations" shall include, but is not limited to, requests for
contributions on any street or sidewalk, at any restaurant or
hotel, or by means of door-to-door requests for contributions, and
requests for contributions within, at, or adjacent to any public
event or public forum. The term "solicitation" shall also include
the request for contributions in connection with any fair, bazaar,
rummage sale, benefit or carnival . A solicitation shall be deemed
to have taken place when the request is made, whether or not the
person making the request receives any contribution.
"Solicitations" shall not include requests made by telephonic,
television, radio, mailings, posters or other similar indirect and
non-personal written or electronic communications. "Solicitations"
shall also include the sale or offer, or attempt to sell or offer,
any advertising, book, card, tag, device, magazine, membership,
merchandise subscription, flower, ticket, candy, cookie or other
item, new or used, in connection with any organization, cause or
purpose described above.
(b) Contributions shall be defined to mean donations, fees,
commissions, promises or grants of any money, property, service,
credit or financial assistance of any kind or value in connection
with any purpose described in subsection (1) above.
(c) Charitable cause shall include all religious, benevolent,
philanthropic, patriotic, eleemosynary, health, educational,
social-welfare, arts or humanities, civic or public interest
purpose, function, organization, party, activity or movement.
(d) Income shall mean the gross amount of contributions
received from the public by a person or an organization during its
fiscal year.
(e) Person shall mean any individual, school, party, church,
religious or other association, organization, trust, foundation,
group, association, partnership, corporation, society or other
entity.
(f) Professional solicitor shall mean any person who, for a
financial consideration, solicits contributions for or on behalf of
a charitable cause or organization whether such solicitation is
performed personally or through agents, servants, or employees. A
bona fide salaried officer or employee of a charitable cause or
organization maintaining a permanent establishment within the state
shall not be deemed to be a professional solicitor. However, any
bona fide salaried officer or employee of a charitable organization
who engages in the solicitation of contributions in any manner for
more than one charitable organization shall be deemed a
professional solicitor.
(g) "Cost of Fund-raising" shall mean all expenses incurred
in soliciting contributions, including, but not limited to, cost of
goods sold or services purchased; expenses incurred for employee
salaries, printed materials; office space; telephones; and
advertising; and expenses incurred for the services performed by or
through a professional solicitor.
(h) 1. "Religious Institutions" shall mean churches,
ecclesiastical or denominational organizations, or established
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physical places for worship in this state at which nonprofit
religious services and activities are regularly conducted and
carried on, and includes those bona fide religious groups which do
not maintain specific places of worship.
2 . "Religious Institutions" also includes such separate
groups or corporations which form an integral part of those
institutions described in subparagraph (h) (1) hereinabove which are
exempt from Federal Income Tax as exempted organizations under the
provisions of §501 (c) (3) of the Internal Revenue Code, and which
are not primarily supported by funds solicited outside their own
membership or congregation.
(i) "Educational Institutions" shall mean those institutions
and organizations described in Fla. Stat. §212 . 08 (7) (o) 2 .d.
Ccc. 38.2 Solicitations board.
An eleven member solicitations- board is hereby created to
and the Miami Beach Jaycees (the latter two to be designated by the
city manager for a term of two year:) : and one person te be
appointed by each city commissioner, to serve until sixty days
after the following city commission election. The board shall
file with the city all materials submitted or collected in
connection with solicitation permits under this chapter and shall
allow inspection of all such materials by any person. The Board
the rules of this chapter, and may conduct meetings.
Sec. 38-32 . mer:motions of board. Permit application.
Upon receipt and review of the properly certified forms
described below, the solicitations board City Manager or his
designee shall promptly grant or deny a permit to solicit to the
person seeking to solicit within the City of Miami Beach. A permit
may be denied on the grounds that the person or organization filing
the necessary documents has failed to disclose the required
information, or has failed to provide an explanation for the
omission (as set forth in Section 38-65 (q) herein) , or has filed
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a registration statement which the applicant knows to contain a
false or misleading statement.
Sec. 38-43. Issuance of permits; hearing procedures.
after the date of said denial and after hearing, a written
statement shall be issued by the city manager stating his decision
and- explaining the basis for it. No permit shall be denied except
for failure to satisfy the requirements of this chapter, or for
failure to satisfy the board's rules adopted under section 38 13
below, or for failure to provide an explanation for any omission on
a registration statement (as set forth in Section 38-65 (q)
herein) , or for knowing filing a registration statement containing
false or misleading statements.
Sec. 38-64. Registration.
No person shall solicit or seek contributions within the City
of Miami Beach until the required registration materials have been
properly filed and a valid permit has been issued.
Sec. 38-65. Registration requirements.
To obtain a permit under this chapter, a registration
statement must be filed with the solicitations board, City Manager
or his designee disclosing fully and truthfully the information
listed below. However, the solicitations board City Manager or his
designee may reduce or eliminate any of these disclosure
requirements, provided such reduction or elimination is applied
equally to all applicants.
(a) Name and address of the person seeking a permit.
(b) Names and addresses of all individuals within the City of
Miami Beach who will be soliciting or seeking contributions on
behalf of said persons.
(c) Complete and precise description of the purpose(s) for
which solicitations will be made.
(d) The type of legal entity involved, where and when such
entity was organized, and whether the organization or entity has
received tax-exempt status from the United States Internal Revenue p /
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Service, or has received state sales tax exempt status under
Florida Statute Section 212 . 08 (7) .
(e) Whether the person seeking the permit is related to any
business entity or organization, the nature of that relationship,
and the name of any parent or associated organizations.
(f) A precise description of the manner(s) in which
solicitations will be made or contributions sought.
(g) Whether the person has previously solicited in the City
of Miami Beach, and if known, when.
(h) Whether the person has ever been enjoined or prohibited
from soliciting contributions in any location.
(i) The dates on which the applicant intends to solicit.
(j ) The name and addresses of all professional solicitors
involved with the applicant.
(k) The names and addresses of all officers and directors or
other persons responsible for the activities of the applicant.
(1) The names and addresses of all persons having financial
responsibility for the applicant, including those having custody of
all contributions obtained.
(m) A projected schedule of all salaries, overhead and
fundraising costs, and an estimated percentage of the total
projected collections which such costs of solicitation will
comprise.
(n) Whether the applicant is registered as a corporation in
the State of Florida.
(o) Whether the applicant employs an accountant or accounting
firm , and if so, the names thereof.
(p) The applicant shall attach a financial report for the
immediate past fiscal year or period of fundraising activity, which
report shall include the following information:
A. The total amount of contributions raised.
B. The total costs and expenses incurred in
raising contributions.
C. The total amount of contributions dedicated to
the stated purpose or dispersed for the stated purpose.
(q) An explanation of the reasons, if the person registering
is unable to provide any of the foregoing information in items (a)
- (o) hereinabove, why such information is not available.
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Sec. 38-36. Registration forms; and Public Disclosure.
(a) - - _ _ __ _ _ - Registration forms to
shall be answered, executed, notarized and submitted by persons
seeking to solicit or intending to seek contributions within the
City of Miami Beach. The person submitting the form, along with
the chief officer of, or other person responsible for the
organization shall be required by the beard City Manager or his
designee to certify under oath, in notarized form, that all
information furnished therein is true and correct.
(b) All registration statements filed with the City of Miami
Beach, whether or not a permit to solicit has been issued, shall be
a public record and shall be available for inspection by members of
the public during regular business hours. Copies may be obtained
at the fees prescribed by law for copies of City records.
Sec. 38-87 . Issuance of solicitations permits.
A numbered solicitations permit may be issued, pursuant to
sections 38-3-2 and 38-43 above, for a period not exceeding six
months. All solicitors or persons seeking contributions on behalf
of the registrant within the city shall be issued a copy of said
permit, which shall contain the name of the registrant' s
organization and the permit number thereon, and the name and
address of the individual solicitor. Every individual solicitor
shall carry on his person at all times while soliciting a copy of
said permit, which may not be transferred to any other person or
organization, and which shall be returned to the city upon
execution.
Sec. 38-48. Permit fee.
All persons seeking a permit under this chapter shall remit to
the city a fee of ten dollars for the permit to compensate the city
for the cost of administering this chapter, and such fee will not
be refunded if a permit is not issued.
Sec. 38-309. Enforcement of "No Solicitor" signs.
Any home owner, business or tenant seeking to exclude
solicitors from their premises may post a clearly visible sign or
notice so stating. Persons violating such notice shall be subject
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to arrest and subject to the penalties provided below, in addition
to any other civil or criminal penalties which may exist.
Sec. 38-10-v110. Provisions cumulative.
The provisions of this chapter are cumulative of any other
valid and applicable laws, rules or regulations governing the
solicitation of funds or any activity which may be associated
therewith. Compliance with this chapter shall not be deemed to
excuse compliance with any other valid and applicable laws, rules
or regulations governing the solicitation of funds or any activity
which may be associated therewith.
Sec. 38-11. Receipts for contributions.
It shall be unlawful for any person to solicit contributions
without providing each donor or contributor a signed receipt for
any contribution exceeding ten dollars. Each receipt shall state
the name of the person receiving the contribution and the permit
number issued under section 38-$7 above.
Sec. 38-12 . Exemptions.
The registration requirements of this chapter shall not apply
to (i) any organization or entity soliciting or seeking
contributions solely among its own membership; (ii) activities
conducted solely within private homes or dwellings; (iii) any
governmental organization; (iv) any person or entity properly
registered by the Secretary of State pursuant to Chapter 496, Fla.
Stat. (1981) , provided the applicant submits to the colicitation3
beard City Manager or his designee copies of state registration
materials which disclose substantially all the information required
for disclosure under Sec. 38-65 of this chapter; (v) any
fundraising by political candidates or political organizations
solicited in accordance with the election laws of Florida, or
equivalent local, state or federal campaign fundraising laws; (vi)
any organization or entity which has received tax-exempt status
from the United States Internal Revenue Service, pursuant to
§501(c) (3) of the Internal Revenue Code; (vii) any organization or
entity with state sales tax exempt status under Florida Statute
Section 212 . 08 (7) ; (viii) bona fide religious institutions; and
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(ix) educational institutions. A person or organization which is
not exempt from the registration requirements of this Chapter and
which represents that its primary purpose is to provide money or
services to the poor, the needy, or other such charitable causes,
shall not solicit on Miami Beach, or be granted a permit to solicit
on Miami Beach if it spends in excess of fifty percent of its
income on the cost of fundraising unless said person or
organization provides to the solicitations board City Manager or
his designee information detailing how said monies are spent, with
copies of receipts concerning said expenditures (or, if no such
receipts are available, an explanation of the reasons why said
receipts are not available) . The solicitations board City Manager
or his designee may require any organization to submit an annual
financial report with such information as may be appropriate to
verify compliance with this requirement.
Eco. 38-13. Rulc-making authority.
author! _ - _ _ _ , - - - - - = _ - -
ratifi ation for the city commission rittcn rules to administer
and enforce the provisions of this Chapter. The solicitations
board shall adopt written rules of procedure, with the approval of
the city . _ - - . . - _ - - . ' -. _ - - _
govern the conduct of its meetings and all hearing under Section
38 4 . The board is specifically authorized to adopt rules by
majority vote, subject to the city attorney's approval and city
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including removal of members who fail to attend three or more
scheduled board meetings without good cause. The solicitations
board may permit temporary solicitations without registration, or
by means of lesser registration requirements, in cases of aetual
hardship, or to reasonably limit the absolute number of solicitors
approved by the city attorney and ratified by-t- -
approval of said rule by city attorney, the rule shall be
brought before the Miami Beach city commission for discussion, at
8 FY/ OP
hours.
Sec. 38-1413. Prohibited activities.
No person subject to this Chapter shall harass or seek to
intimidate any other person who has indicated a desire not to
contribute to a charitable purpose, as defined above. It shall be
illegal for any person subject to this Chapter to solicit or seek
contributions by making false or misleading statements to a
prospective contributor.
Sec. 38-1514. Penalties.
Any person or organization violating any of the provisions of
this Chapter shall be subject to forfeiture or suspension of their
permits and may be excluded by the city manager from solicitation
activities within the city for a period not exceeding two years, in
accordance with properly promulgated rules. In addition, violators
may be arrested, charged and prosecuted with a violation of this
ordinance and, if convicted, shall be subject to the following
penalties: (i) Upon conviction for the first offense, a fine not
exceeding five hundred dollars shall be imposed; (ii) Upon
conviction for the second offense, a fine not exceeding one
thousand dollars and a sentence of imprisonment not exceeding three
days shall be imposed; (iii) Upon conviction for the third and
subsequent offenses, a fine not exceeding five thousand dollars and
a sentence of imprisonment not exceeding thirty days shall be
imposed.
SECTION 2 . REPEALER
All Ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unco. utitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
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of the remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption,
on February 29 1992 .
PASSED and ADOPTED this 19th day of Februa , 1992 .
14L .
MAYOR
ATTEST:
��ed E_ FORM APPROVED
CITY CLERK LE L DE .
JKO/jal By 111,(a:\res ord com memo\amchap38.ord) Date / intik
1st reading 2/5/92
2nd reading 2/19/92
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OFFICE OF THE CITY ATTORNEY
624 144-116.- („ wale%
F L O R I D A
LAURENCEFM •;��oo.wn:�*" P C box O
CITY ATTORNEY MIAMI BEACH. FLORIDA 33"
TELEPHONE 3051 673-7-:73
TELECOPY (305,373--OC=
COMMISSION MEMORANDUM NO. 57a. / 2-
DATE:
DATE: FEBRUARY 5, 1992
TO: MAYOR SEYMOUR GELBER AND
MEMBERS OF THE CITY COMMISSION
CITY MANAGER CARLA TALARICO
FROM: LAURENCE FEINGOLD
CITY ATTORNEY
SUBJECT: AMENDMENTS TO MIAMI BEACH CITY CODE CHAPTER 38 GOVERNING
"SOLICITATIONS"
Pursuant to directives of the City Commission at its meeting of
January 22, 1992 , the attached Ordinance has been drafted for the
purposes of recognizing the disbandment of the Solicitations Board,
whose powers and duties with regards to solicitation activities
will now be vested in the City Manager or his designee.
LF/JKO/jal
(a:\res ord com memos\solicita.cm)
Vii- 14
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