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ORDI MAMCE gos 8462_ ._ .
AN ORbINAMCE REpEALIMC CHAPTER 53i
68OLICITIM ; Off` THE CCOM OFF TEE CITY OE
MIAMI IM ITS EMTIRETY; PORTMER pROVIDIMC
AM. tPPBCTIVB BATE.
WHEREAS, the laat session of the Legislature amended and
strengthened Florida Statute 496 which supersedes the City Ordinance
on soliciting: and
WHEREAS, the. State of Florida has personnel enforcing the
State Statute, and additionally there is no City certification for
soliciters at the present time; and
WHEREAS, the Building Department recommends that Chapter,
53,be repealed in an effort. to avoid complicating the administration
of charitableorganizations; g nations;
NOW
THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Chapter, 53, "Soliciting", of the Code
of the City of Miami be, and it is hereby, repealed in its entirety.
effective
Section 2. The provisions of this
on THE 6TH DAY OF OCTOBER
ordinance shall become
, 1975.
PASSED ON FIRST READING, by title only, this
.:�•<' (77,.6 - , 1975.
PASSED AND ADOPTED on Second and final reading, this
day of SFPTFMBFR'
APPROVED AS ,TO FO
, 1975.
Ait.26
frif
CItY or MIAMI. PLibt#tbA
Et .O1=F1ct MtMoRA NUM
t.
7U
Mr. Pt W. Andrews
City MaalFer
FROM t5
$u
i.reCtor
DATE
SL'HJ°:.Ci
REFERENCES
EtJCLOSURES:
September 3, 1975 rILE
Soiiditations by Telephone
Deletioft Of Chapter 53 fr%m
the City Code
This concerns an article which appeared in the Miami Herald
on Monday, September 1, 1975.
Due to the appearance on the September 4th City Commission
Agenda on the deletion of Chapter 53 of the City of Miami
Code, it is felt that perhaps questions may be asked concern-
ing the City's position and the applicability of Chapter 53
to the types of solicitations which were set forth in the
Herald article.
Two points are important when viewing the situation:
1. The Secretary of State's office has a wider field
of jurisdiction than the City has; and
2. Its laws are more encompassing concerning the
type of operation that was described in the
Herald article.
As an example, a person solicited for donations from one
of the boiler -room operations might live in the City of
Miami and report the solicitation to our offices here in the
City. Through our investigation, or placing solicitors on
notice that City of Miami ordinances are being violated, we
alert them and they simply divert their activities to the
county areas or to another municipality. We, therefore,
receive no more complaints nor can we collect evidence for
prosecution, and yet, the operation continues and in reality,
other persons are still victimized.
Page 1 of 2
Nt. P. W. Aftdrewt Page 2 of 2 September 19Th
AA tet forth in other corretpondence on this tubject, the
Secretary of State't office it adequately staffed and haa
widerfields of jurisdiction than the City has and
therefort# more adequately prepared to deal with he
operators.
REP:ROMIgj
cc: Duilding Director's file
Solicitations file
Reading file
CITY oI MtAM LorzlbA
I N'tEr2-OFFICE t•AzIk-10kANbUNI
The Honorable Members of the
City Commission
"°" P. W. Andrews
City Manager
Lvt i.
AUG 2 9 1375
rtLt.
r Changes to the City COde
Recommending the beletiOn Of
Chapter 53 (Charitable runds I[
Act)
/t is the recommendation of the City Manager that Chapter sa
be deleted from the Code of the City of Miami, inasmuch as
the State Statutes have been strengthened so that the
provisions of the state law are closely equivalent to those
of the City of Miami.
At the present time, the regulations to allow municipalities
and counties to have laws more strengent than the State of
Florida prevail. However, in conversation with representa-
tives from the Secretary of State's office, it was determined
that proposed legislation would remove this prerogative from
cities and counties.
The coordinator of charitable solicitations for the Secretary
of State's office is located in the regional office in Coral
Gables and is adequately staffed to control local solicitation
activity. It is felt by both the Secretary of State's office
and the City of Miami administrative personnel that the
duplication of state and city regulations in this area presents
a disservice to the legitimate charitable organizations, inasmuch
as the added complexity of compliance means additional expense
and, hence, renders less effective, their work.
Following the transfer of the Trades Standards Division from
the City of Miami Building Department to the county, there was
no reestablisnment of a fulltime section to enforce cnapter 53.
Enforcement was carried out as an offshoot of the Administrative
Division of the Building Department. The City of Miami receives
no revenue from this activity.
For the above reasons, it is recommended that Chapter 53 be
deleted from the Code of the City of Miami.