Chapter 51 - REGISTRATION OF SOLICITORS AND REQUESTS FOR CITY FUNDS

Secs. 50.06—50.21. - Reserved. Chapter 52 - HOME RULE SPECIAL ASSESSMENT ORDINANCE Chapter 51 - REGISTRATION OF SOLICITORS AND REQUESTS FOR CITY FUNDS[1]

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Editor's note— The city amended ch. 51 on 5-11-1987, Doc. #21182, by re-titling said chapter from "Solicitation Review Board" to "Appeals Permits and Requests for City Funds," by repealing § 51.01, creating the solicitation review board, and by amending §§ 51.05, 51.08, 51.11, 51.12, 51.13, and 51.14 to substitute "Parks and Recreation Board" for "Solicitation Review Board."

The city repealed the permit procedure, and substituted a registration procedure, to prohibit solicitations from/on/in roadways, of ch. 51 on 5-14-1990, Doc. #23916.

The entire Code was amended by changing all references to "Director of Parks and Recreation" to "Director of Community and Youth Services" and all references to "Parks and Recreation Department" to "Community and Youth Services Department" on 12-7-1992, Doc. #26217.

The entire Code was amended by changing all references to "Director of Community and Youth Services" to "Director of Families, Parks and Recreation or Families, Parks and Recreation Director"; all references to "Community and Youth Services Board" to "Families, Parks and Recreation Board" and all references to "Community and Youth Services Department" to "Families, Parks and Recreation Department" on 1-12-2004, Doc. #040112905.

ARTICLE I. - REGISTRATION OF SOLICITORS

Sec. 51.01. - Registration Required.

It shall be unlawful for any person, directly or indirectly, to solicit money, donations of money, property or financial assistance of any kind, or to sell or offer for sale any article, tag, service, emblem, publication, ticket, advertisement, subscription or any thing of value on the pleas or representation that such solicitation or sale, or the proceeds thereof, is for a charitable, patriotic, public, philanthropic or political purpose, in the City, unless such person first shall have registered as provided for in this article.

(Ord. of 10-21-1985, Doc. #19788; Ord. of 5-11-1987, Doc. #21182; Ord. of 5-14-1990, Doc. #23916)

Sec. 51.02. - Exemptions From Registration Requirements.

Notwithstanding the provisions of Section 51.01, registration shall not be required in connection with a solicitation, sale or offer for sale where such activity:

(1)

Is conducted by an organization within its own membership.

(2)

Is conducted by a school, college, or university or by some organization sponsored by or affiliated with such school, college, or university.

(3)

Is conducted by a governmental agency acting within the scope of its governmental authority.

(4)

Is conducted by a candidate for election pursuant to Florida Statutes.

(5)

Is a constitutionally guaranteed exercise of First Amendment rights.

(Ord. of 10-21-1985, Doc. #19788; Ord. of 5-14-1990, Doc. #23916; Ord. No. 2017-42, § 6, 7-24-2017, Doc. #1707241206)

Sec. 51.03. - Registration; Information to be Shown or Provided.

Solicitors shall register with the Orlando Police Department. Such registration shall be signed, under oath, by the registrant, or an authorized official or agent of the registrant. Such registration must be filed not less than ten (10) days prior to the commencement of the activity for which the person is registering; provided, however the ten-day requirement may be waived by the Chief of Police for good cause shown. Registration filing date shall be defined as the date the completed registration form is returned to the Orlando Police Department for processing. Said registration shall contain such information as is deemed appropriate by the Chief of Police as to time, place and manner of the solicitation.

(Ord. of 5-14-1990, Doc. #23916)

Sec. 51.04. - Registration Form.

The registration required by this article shall be on a form which shall be prepared by the Chief of Police and approved by the City Council.

(Ord. of 5-14-1990, Doc. #23916)

Sec. 51.05. - Credentials Required.

It shall be the duty of all persons, organizations, societies, associations and corporations to furnish proper credentials to their agents and representatives for the solicitation. Such credentials may be in the form of a letter, card or memorandum, signed by the person or official directly in charge of such solicitation, that the bearer thereof is authorized to represent the person or organization conducting the solicitation and the starting and terminal dates of the solicitation. Such credentials shall be carried by the person or persons conducting the solicitation at all times while such solicitation is in progress.

(Ord. of 10-21-1985, Doc. #19788; Ord. of 5-11-1987, Doc. #21182; Ord. of 5-14-1990, Doc. #23916)

Sec. 51.06. - Prohibitions.

(1)

Definitions.

(a)

"Harass" means to make any threats or demands that place the person solicited in reasonable fear of harm to his or her person or damage to his or her property.

(b)

"Solicit" means to directly or indirectly request or attempt to request by spoken, written or printed word, money, donations of money, property or financial assistance of any kind, or to sell or offer for sale any article, tag, service, emblem, publication, ticket, advertisement, subscription or any thing of value on the pleas or representation that such solicitation or sale, or the proceeds thereof, is for a charitable, patriotic, public, philanthropic or political purpose.

(c)

"Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

(2)

Aggressive Solicitation—Violation. It is unlawful for any person to intentionally solicit in any of the following manners:

(a)

By blocking any legal parking area or structure such that vehicles cannot enter or exit that parking area.

(b)

By harassing the person solicited.

(c)

By following an individual or group of persons with the intent to harass that individual or group.

(d)

By continuing to actively solicit a captive audience after receiving a clear refusal.

(e)

By soliciting an individual while that person is operating an automated teller machine (ATM).

(f)

By entering the premises of private property for the purpose of soliciting when a "No Solicitors" sign is posted.

(3)

False or Misleading Solicitation—Violation. It is unlawful for any person to knowingly and intentionally make any false or misleading representations in the course of soliciting a donation. False or misleading representations include, but are not limited to, the following:

(a)

Stating that the contribution is needed to meet a need which does not exist;

(b)

Use of any makeup, clothing or device to simulate any deformity, handicap or disability that does not exist;

(c)

Representations or misleading statements that any other person or organization sponsors or endorses such solicitation, approves its purpose, or is connected therewith, when that person or organization has not given written consent to the use of its name;

(d)

Use of any name, symbol, emblem, device, or printed matter so closely related or similar to that used by another charitable organization or sponsor that the use thereof would mislead the public; or

(e)

Using or exploiting the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the City.

(4)

Expenditure of Funds Solicited—Violation. It is unlawful for any person to solicit a contribution stating that the funds are needed for a specific purpose with the intent to spend or distribute the funds received for a different purpose.

(Ord. of 8-23-1999, § 1, Doc. #32280; Ord. of 8-21-2000, § 1, Doc. #33178; Ord. No. 2017-42, § 8, 7-24-2017, Doc. #1707241206)

Editor's note— Ord. No. 2017-42, § 7, adopted July 24, 2017, Doc. #1707241206, repealed § 51.06 in its entirety. Formerly said § pertained to charitable solicitations in the public right-of-way prohibited and derived from Ord. of 10-21-1985, Doc. #19788; Ord. of 5-14-1990, Doc. #23916; Ord. of 2-25-1991, Doc. #24609;

Note— Formerly § 51.06-1.

Sec. 51.07. - Penalty.

Any person violating any of the provisions of this article shall,upon conviction, be punished as provided in Section 1.08 of this Code.

(Ord. of 5-11-1987, Doc. #21182; Ord. of 5-14-1990, Doc. #23916; Ord. No. 2017-42, § 10, 7-24-2017, Doc. #1707241206)

Editor's note— Ord. No. 2017-42, § 9, adopted July 24, 2017, Doc. #1707241206, repealed § 51.07 in its entirety. Formerly said section pertained to article not applicable to churches or religious charities under certain conditions and derived from Ord. of 5-14-1990, Doc. #23916.

Note— Formerly § 51.08.

Secs. 51.09, 51.10. - Reserved.

Editor's note— See Ord. of 10-21-1985, Doc. #19788; Ord. of 5-14-1990, Doc. #23916.

ARTICLE II. - REQUESTS FOR CITY FUNDS

Sec. 51.11. - Review of Requests for City Funds for Special Events.

(1)

If funds are budgeted on behalf of the City the Families, Parks and Recreation Board shall provide financial assistance up to $1,500 to organizations that sponsor events and/or programs for City residents with priority given to events held in the City of Orlando and/or by Orlando based organizations. Organizations must comply with the established guidelines outlined in Orlando City Code Sec. 51.11-13 to be considered for Families, Parks and Recreation Board funding.

(2)

Two (2) types of requests are reviewed for receipt of City funds: (1) requests to provide funding to cover City costs associated with events held at Families, Parks and Recreation facilities, and (2) requests to provide funding to cover non-City costs associated with events within the City of Orlando that may or may not be held at Families, Parks and Recreation facilities.

(3)

Any organization which wishes to receive City funds in either category shall apply to the Families, Parks and Recreation Board for consideration and recommendation to the Families, Parks and Recreation Department Director (the "Director") concerning such request. No requests for City funds shall be considered by the Board if the organization's request has previously been denied by the Families, Parks and Recreation Board or the Director during the current fiscal year. No requests for City funds shall be considered by the Board unless and until the applicant therefor shall file with the Director of Families, Parks and Recreation an application in writing, signed by the applicant, under oath.

(4)

Requests to fund events shall be processed by the Families, Parks and Recreation Board as follows: Applications to request funds for events must be filed not less than thirty (30) days prior to the commencement of the event for which the funds are sought and not less than thirty (30) days prior to the date of the next Families, Parks and Recreation Board meeting; provided, however, the thirty (30) day requirement may be waived for applications reviewed by the Families, Parks and Recreation Director and deemed by the Families, Parks and Recreation Director to meet all the requirements of this section and be of an emergency nature so as to require expediency.

Application filing dates for both types of requests shall be defined as the date the completed application is received by the Families, Parks and Recreation Director for processing. Said application shall contain the following information:

(a)

The name of the organization applying for the funds and the address of its headquarters.

(b)

The names and residence addresses of its principal officers and management.

(c)

The purpose for which such event is to be held and the use or disposition to be made of the City funds or other funds to be received.

(d)

The name and residence address of the person to whom the City funds are to be disbursed.

(e)

The name and residence address of the person to whom the City funds are to be received.

(f)

Name, address, and phone number of principal contact person knowledgeable of event.

(g)

A budget for the event to be held and a list of all other sources of funds for the event. Include the date of the last application for City funds submitted by either this organization or an affiliate.

(h)

A statement as to whether the event will be a partisan or political event.

(i)

A statement as to whether there will be an admission charge to the event and whether the event will be open to the general public.

(j)

The date(s) and location within the City limits when such event shall be held.

(k)

The amounts of any wages, fees, commissions, expenses, or emoluments to be extended or paid to anyone in connection with such event, together with the manner in which such wages, fees, expenses, commissions or emoluments are to be extended, to whom paid and the amount thereof.

(l)

A financial statement for the last preceding fiscal year of any public funds received by the organization or persons seeking the funds, such statement giving the amount of money so received, together with the final distribution thereof.

(m)

A full statement of the character and extent of the charitable, patriotic, public or philanthropic work being done by the applicant organization within the City and elsewhere.

(n)

Such other information as may be required by the Families, Parks and Recreation Director or by the Board in order for it to determine the kind and character of the proposed event and whether such event is in the interest of, and not inimical to, the public welfare.

(Ord. of 12-3-1984, Doc. #18998; Ord. of 10-21-1985, Doc. #19788; Ord. of 5-11-1987, Doc. #21182; Ord. of 7-26-1993, Doc. #26768; Ord. of 10-3-1994, Doc. #27917; Ord. of 1-27-1997, Doc. #29984; Ord. of 1-12-2004, § 6, Doc. #040112905; Ord. No. 2014-5, § 1, 2-10-2014, Doc. #1402101205)

Sec. 51.12. - Recommendation to the Families, Parks and Recreation Director.

After receipt of an application under Section 51.11 of this Code, the Families, Parks and Recreation Director forthwith shall transmit a copy thereof to the Families, Parks and Recreation Board, which thereafter shall make an investigation of such application as may be deemed necessary. The Board may establish reasonable rules and internal procedures as may be necessary for administration of funding requests, provided that they are consistent with the policies, procedures and ordinances of the City of Orlando and the laws of the State of Florida.

The Board shall recommend denial of the funding request unless the following criteria are met:

(1)

Event is of general public interest;

(2)

Event is non-partisan and non-political;

(3)

Attendance is free and is open to the general public.

If

the above listed criteria are met, the Board shall consider the following factors in determining whether to recommend approval or denial of the request:

(1)

All the information contained in the application for funding.

(2)

Relative need of applicant for funding as compared with needs of other applicants for funding.

(3)

Amount of City funds available for funding applicants.

(4)

Amount of City funds expended or allocated for similar events.

(5)

Amount of City fees and charges to be off-set by the request.

(6)

Recommendations, if any, received by the Board from the Downtown Development Board and/or the Directors of any appropriate City Department.

(7)

Extent to which the organization or event contributes to the City of Orlando community as a whole and whether the event emphasizes youth and/or prevention and intervention programs.

The Board shall submit its report to the Families. Parks and Recreation Director, indicating approval or disapproval of funding the event, specifying the recommended level of funding, and recommending conditions, if any, to be placed on such funding.

(Ord. of 12-3-1984, Doc. #18998; Ord. of 5-11-1987, Doc. #21182; Ord. of 7-26-1993, Doc. #26768; Ord. of 10-3-1994, Doc. #27917; Ord. of 1-12-2004, § 6, Doc. #040112905; Ord. No. 2014-5, § 2, 2-10-2014, Doc. #1402101205)

Editor's note— Ord. No. 2014-5, § 2, Doc. #1402101205, adopted Feb. 10, 2014, changed the title of § 51.12 from "Recommendation to City Council" to "Recommendation to the Families, Parks and Recreation Director."

Sec. 51.13. - Decision of Families, Parks and Recreation Director.

Upon receiving the report of the Families, Parks and Recreation Board, the Director shall determine whether the funding request shall be granted, the amount and timing of the funding, and any conditions to be placed upon such funding. Such conditions may include, but not be limited to, the requirement of entering into an agreement relating to the funding as approved by the City Attorney. The Director's fund request decision may be appealed in writing to the City's Chief Administrative Officer or designee within fourteen (14) calendar days from the Director's written funding request determination. The Chief Administrative Officer shall issue a decision within ten (10) days of receipt of the written appeal. The determination of the Chief Administrative Officer shall be final.

(Ord. of 5-11-1987, Doc. #21182; Ord. of 7-26-1993, Doc. #26768; Ord. of 1-12-2004, § 6, Doc. #040112905; Ord. No. 2014-5, § 3, 2-10-2014, Doc. #1402101205)

Editor's note— Ord. No. 2014-5, § 3, Doc. #1402101205, adopted Feb. 10, 2014, changed the title of § 51.13 from "Decision of City Council" to "Decision of Families, Parks and Recreation Director."

Sec. 51.14. - Reserved.

Editor's note— Ord. No. 2014-5, § 4, Doc. #1402101205, adopted Feb. 10, 2014, deleted § 51.14, which pertained to supervisory jurisdiction retained by council and derived from an ordinance adopted May 11, 1987, Doc. #21182; an ordinance adopted July 26, 1993, Doc. #26768; and an ordinance adopted Jan 12, 2004, § 6, Doc. #040112905.

Sec. 51.15. - Reserved.

Editor's note— Ord. No. 2014-5, § 5, Doc. #1402101205, adopted Feb. 10, 2014, deleted § 51.15, which pertained to dedication of funds and derived from an ordinance adopted Jan 27, 1992, Doc. #25396.

Secs. 50.06—50.21. - Reserved. Chapter 52 - HOME RULE SPECIAL ASSESSMENT ORDINANCE