Ordinance 82-2297ORDINANCE NO. 82-2297
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH REPEALING CHAPTER 38 OF THE CITY
CODE; ENACTING A NEW SOLICITATIONS CHAPTER TO
CONSIST OF SECTIONS 38-1 THROUGH 38-15 TO GOVERN
SOLICITATIONS WITHIN THE CITY OF MIAMI BEACH;
PROVIDING FILING AND REGISTRATION REQUIREMENTS;
PROVIDING FOR ISSUANCE OF PERMITS; PROVIDING
FOR HEARING PROCEDURES; PROVIDING FOR FEES;
PROVIDING FOR ENFORCEMENT OF "NO SOLICITORS"
SIGNS; PROVIDING PENALTIES; PROVIDING FOR RULE-
MAKING AUTHORITY; PROVIDING AN EFFECTIVE DATE:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH FLORIDA:
SECTION 1 LEGISLATIVE PURPOSE:
The City Commission of the City of Miami Beach Florida finds, based
on the recommendations of the City Attorney, the Police Chief and
the City Manager, that the City's existing Charitable Solicitations
Ordinance is no longer consistent with recently enacted State laws,
is inadequate to protect the public from current solicitations acti-
vities within the City, and may be inconsistent with federally -
secured rights. The City Commission adopts this ordinance for the
purpose of protecting residents and visitors within the City of
Miami Beach by requiring full disclosure of material information by
solicitors operating within the City. It is the Commission's intent
that the requirements hereunder be strictly construed and enforced
by the Solicitations Committee, the Office of the City Manager, the
Police Department, and the courts to ensure full disclosure of all
material facts by all persons soliciting within the City of Miami
Beach.
SECTION 2
Chapter 38, Miami Beach Code, is hereby repealed and replaced by
Sections 38-1 through 38-15 below, to be entitled and known as the
"Solicitations Chapter" of the City of Miami Beach Code.
Sec. 38-1. Definitions
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, organi-
zation 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 re-
quests for contributions within, at, or adjacent to
any public event or public forum. The term "soli-
citation" shall also include the request for contri-
butions 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 re-
ceives any contribution. "Solicitations" shall not
include requests made by telephonic, television,
radio, mailings, posters or other similar indirect
and non -personal written or electronic communica-
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
tions. "Solicitations" shall also include the sale
or offer, or attempt to sell or offer, any advertis-
ing, 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 (a) above.
c. "Charitable Cause." shall include all religious,
benevolent, philanthropic, patriotic eleemosynary,
health, educational, social -welfare, arts or human-
ities, civic or public interest purpose, function,
organization, party, activity or movement.
d. "Income" means the gross amount of contributions re-
ceived from the public by an organization during its
fiscal year.
e. "Person" means any individual, school, party,
church, religious or other association, organiza-
tion, trust, foundation, group, association, part-
nership, corporation, society or other entity.
f. "Professional solicitor" means 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 esta-
blishment within the State shall not be deemed to be
a professional solicitor. However, any bona fide
salaried officer or employee of a charitable organi-
zation who engages in the solicitation of contribu-
tions in any manner for more than one charitable
organization shall be deemed a professional solici-
tor.
Sec. 38-2. Solicitations Board.
A twelve -member Solicitations Board is hereby created to
serve without compensation, to be composed of the City
Manager or his or her designate and the City Attorney or
his or her designate; one representative each from the
Better Business Bureau of South Florida, the Miami Beach
Chamber of Commerce, and the Miami Beach Jaycees (the
latter three to be designated by the City Manager for a
term of two years); and one person to be appointed by
each City Commissioner, to serve until 60 days after the
following City Commission election. The Board shall
choose its own chairman. The Board shall receive, inves-
tigate and maintain on file with the City all materials
submitted or collected in connection with solicitations
permits under this Chapter, and shall allow inspection of
all such materials by any person. The Board shall issue
or deny solicitations permits solely in accordance with
(Sec. 38-2 amended at request of Commiss:i,oner Fromberg)
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
,,
,P;er
rules, and may summon witnesses,
hear testimony, conduct hearings, and do and perform all
other acts which may be necessary and proper within the
scope of its duties and functions under this Chapter.
The Board shall have the right to obtain investigative
assistance from the Miami Beach Police Department as
reasonably needed by the Committee to perform its duties
under this Chapter.
Sec. 38.3 Recommendations of Board.
Upon receipt and review of the properly certified forms
described below or required by Board rules, and upon such
investigation as it deems appropriate, the Solicitations
Board 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 mis-
represented material facts.
Sec. 38-4. Issuance of Permits; Hearing Procedures.
In the event the Board denies an application for a per-
mit, the applicant may appeal the denial to the City
Manager and after hearing, a written statement shall be
issued by the City Manager stating his decision and ex-
plaining the basis for it. No permit shall be denied ex-
cept for violations of, or failures to satisfy, the re-
quirements of this Ordinance or the Board's rules adopted
under Section 38-13 below, or for misleading or deceptive
activities or statements or misrepresentation, conceal-
ment or nondisclosure of material facts, or for other
good cause.
Sec. 38-5 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. 38-6 Registration Requirements.
To obtain a permit under this Chapter, a registration
statement must be filed with the Solicitations Board,
disclosing fully and truthfully the information listed
below. However, by properly adopted rule, the Solicita-
tions Board may reduce or eliminate any of these disclo-
sure requirements, provided such a rule is applied equal-
ly to all applicants of the same class.
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 seek-
ing 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 organiza-
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Rev. 2/17/82
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
tion or entity has received tax-exempt status from
the United States Internal Revenue Service.
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 as-
sociated organizations.
f. A precise description of the manner(s) in which so-
licitations will be made or contributions sought.
g. Whether the person has previously solicited in the
City of Miami Beach, and if so, when.
h. Whether the person has ever been enjoined or prohi-
bited from soliciting contributions in any loca-
tion.
i. A statement of how income, if any, has been used in
the two prior years.
j. The name and addresses of all professional solici-
tors involved with the applicant.
k. The names and addresses of all officers and direc-
tors or other persons responsible for the activities
of the applicant.
1. The names and addresses of all persons having finan-
cial responsibility for the applicant, including
those having custody of all contributions obtained.
m. A specific description of all salaries, overhead and
fund-raising costs.
n. Whether the applicant is registered as a corporation
in the State of Florida.
o. Whether the applicant employs an accountant or ac-
counting firm, and if so, the names thereof.
P. Whether the applicant has a current financial re-
port, and if so, a copy of said financial report.
q. Such other information as niay be reasonably required
by the Solicitations Board pursuant to its rule-
making authority under Section 38-12.
r. The dates on which the applicant intends to solicit.
Sec. 38.7 Registration Forms.
The Solicitations Board may prepare registration forms to
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 per-
son responsible for the organization, may be required by
the Board to certify under oath, in notarized form, that
all information furnished therein is true and correct.
The person submitting the form may also be required by
the Board to submit a summary of financial activities of
the person or organization seeking to solicit or obtain
contributions within the City of Miami Beach, disclosing
the applicant's use of contributions in the two imme-
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OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
diately prior years and its projected or estimated use of
funds for the current year.
Sec. 38.8 Issuance of Solicitations Permits.
A numbered solicitations permit may be issued, pursuant
to Sections 38-3 and 38-4 above, for specific dates or
for a period not exceeding one year, to be determined by
the Board. A11 solicitors or persons seeking contribu-
tions 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 num-
ber 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 per-
mit, which may not be transferred to any other person or
organization, and which shall be returned to the City
upon expiration.
Sec. 38-9 Permit Fee.
All persons seeking a permit under this Chapter shall
remit to the City a fee of $25.00 for the permit.
Sec. 38.10 Enforcement of "No Solicitor" Signs.
Any home owner, business or tenant seeking to exclude so-
licitors from their premises may post a clearly visible
sign or notice so stating. Persons violating such notice
shall be subject to arrest and subject to the penalties
provided below, in addition to any other civil or crimi-
nal penalties which may exist.
Sec. 38.11 Receipts for Contributions.
It shall be unlawful for any person to solicit contribu-
tions without providing each donor or contributor a
signed receipt for any contribution exceeding $10. Each
receipt shall state the name of the person receiving the
contribution and the permit number issued under Section
38-8 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
organization granted tax-exempt status by the Internal
Revenue Service pursuant to 26 U.S.C. §501(c)(3) and
(4)(1981); (v) any person or entity properly registered
by the Secretary of State pursuant to Chapter 496, Fla.
Stat. (1981); (vi) any fund raising by political candi-
dates or political organizations registered under or sub-
ject to the provisions of Chapters 111 or 106, Fla.
Stat. (1981), Chapter 10, Art. I, Miami Beach Code, or
equivalent local, State or Federal campaign fund-raising
laws. However, no organization which represents that its
primary purpose is to provide money or services to the
poor, the needy, or other such charitable causes, or for
educational or religious purposes, shall solicit on Miami
Beach, or be granted a permit to solicit on Miami Beach,
which spends in excess of 3-0 % of its income on salaries,
operating expenses and/or cost of professional solici-
tors; this latter requirement shall not apply to any or-
ganization primarily engaged in the advocacy or the dis-
semination of information on matters of public concern.
The Solicitations Board may require any organization to
submit an audited financial statement with such informa-
tion as may be appropriate to verify compliance with this
requirement.
Sec. 38.12 (vi) amended at regLest of Commissioner Haber)
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Sec. 38.13 Rule -Making Authority.
The Solicitations Board is hereby empowered and delegated
the authority to adopt, with the approval of the City
Attorney, written 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 Attorney, to govern the conduct of its meet-
ings and all hearings under Section 38-4. The Board is
specifically authorized to adopt rules by majority vote
to govern the conduct of its members, 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 regis-
tration, or by means of lesser registration requirements,
in cases of actual hardship, provided prior written rules
are adopted for this purpose and approved by the City At-
torney. The Solicitations Board may also adopt written
rules designed to reasonably limit the absolute number of
solicitors engaged in solicitation activities in the City
at any one time.
Sec. 38-14. 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 contribu-
tor.
Sec. 38.15 Penalties.
Any person or organization violating any of the provi-
sions of this ordinance 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 $500 shall be imposed; (ii)
Upon conviction for the second offense, a fine not ex-
ceeding $1,000 and a sentence of imprisonment not exceed-
ing 3 days shall be imposed; (iii) Upon conviction for
the third and subsequent offenses, a fine not exceeding
$5,000 and a sentence of imprisonment not exceeding 30
days shall be imposed.
SECTION 3: EXPENDITURES.
Funds appropriated by the Commission from general operating contin-
gency funds to finance the operations of the Solicitations Board,
shall be used by the Board for secretarial, telephone, investiga-
tive, accounting, duplication, mailing, recording and transcription
services, and other similar administrative expenses. All tees or
fines paid to the Board under this Chapter shall go to the general
revenues of the City of Miami Beach.
(Sec. 38.15 amended at request of Commissioner Fromberg
and Miami Beach Police Department - 12/14/81)
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139
SECTION 4: OTHER ORDINANCES.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 5: SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding
shall not effect the validity of the remaining portions of this Or-
dinance.
SECTION 6 EFFECTIVE DATE.
This Ordinance shall take effect twenty (20) days after its adop-
tion, on March 9 , 1982.
PASSED and ADOPTED this 17th day of February ,
1982.
ATTEST:
1st Reading - December 2, 1981
2nd Reading - February 17, 1982(as amended)
(As requested by Commissioners Singer and Fromberg)
TMP:ab 11/24/81
Rev: 2/1/82 APPROVED
2/9/82 LEGAL DEPT.
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Date tA0 , ar
a.mended 9 ifZ
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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