§ 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)