Miami-Dade Legislative Item
File Number: 121179
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File Number: 121179 File Type: Ordinance Status: Second Reading
Version: 0 Reference: Control: Board of County Commissioners
File Name: AMEND SEC 25-2 PROVIDING LIMITED SOLICITATION AT DEPARTMENTS Introduced: 6/7/2012
Requester: NONE Cost: Final Action:
Agenda Date: 9/4/2012 Agenda Item Number: 7C
Notes: SEE 121967 FOR FINAL VERSION AS ADOPTED Title: ORDINANCE AMENDING SECTION 25-2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR LIMITED SOLICITATION BY COUNTY DEPARTMENTS AT MIAMI INTERNATIONAL AIRPORT AT TWO LOCATIONS; PROVIDING FOR INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AMENDING CODE
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 9/6/2012 7C Amended
REPORT: See Item 7C Amended (Legislative File No. 121967).

Regional Transportation Committee 7/9/2012 1F2 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing proposed ordinance into the record. Chairman Barreiro opened the public hearing for persons wishing to speak in connection with this ordinance. He closed the public hearing after no one appeared wishing to speak. Commissioner Heyman expressed appreciation to Mr. Ken Pyatt, Deputy Director, Miami International Airport (MIA), and representatives of MIA, the Federal Aviation Administration (FAA), U.S. Department of Customs, Homeland Security and Transportation Security Administration (TSA), and friends of LaGuardia and John F. Kennedy International Airports, for their joint efforts in developing this ordinance, which would allow County departments affiliated with non-profit foundations to solicit funds at MIA under restricted conditions. Commissioner Heyman explained that collection boxes would be installed at two secured locations at MIA for the purpose of accepting donations from inbound passengers passing through U.S. Customs. She noted the collected funds would be earmarked specifically for the Miami-Dade Animal Services Foundation to provide free animal spaying/neutering services and for the Parks Foundation, Inc. to plant more trees. Commissioner Souto noted he supported this ordinance, but questioned why the Administration now supported placing collection boxes at MIA, when they did not support a similar ordinance he introduced years ago. He asked if the County Attorneys had thoroughly researched this proposal to determine if the County could legally limit solicitation at MIA to a few non-profit groups. Assistant County Attorney David Murray noted this ordinance, as drafted, would solely permit County departments affiliated with foundations to solicit funds at MIA, and would not open up solicitation at MIA by any third-party charity. He indicated that this was done intentionally to avoid speech making at the airport by third-party groups, and other first amendment concerns. Commissioner Souto asked if it was legal for the County to limit solicitation at an international airport that was governed by the FAA. He also asked if the County Attorneys could guarantee that the County would be protected by the law, should this ordinance be challenged. Assistant County Attorney Murray noted recent Supreme Court rulings and other precedents suggest that it is legally permissible for the County to engage in government speech on its own behalf, which is what this ordinance permits. He stated that it was legal and certainly defensible for the County to do so, based on the court rulings. Mr. Murray advised that this ordinance simply provides for the designation of specific locations at MIA for the County to engage in a particular kind of speech and it would not open up a venue for third-party speeches. Commissioner Souto noted he still had concerns regarding other non-profit groups with worthy causes being excluded from soliciting at MIA; however, he indicated that he would support the proposed ordinance. Commissioner Suarez echoed Commissioner Souto’s concerns regarding the legality of excluding other non-profit groups from soliciting at MIA. He questioned the rationale behind Miami-Dade County declaring itself involved in charities through affiliated departments, and turning this into government speech. He said he supported the ordinance, but expressed concern with excluding other charities with worthy causes. He said he would research the legality of this process and would not support similar ordinances in the future in deference to the other worthy charities. Chairman Barreiro suggested that staff calculate the cost of tracking and auditing the collected donations, and include this information in a yearly report. He pointed out that sometimes the cost to manage funds raised through this format exceeded the revenues, and made it unsustainable, which was the case with the People Mover fee. Commissioner Heyman noted the foundations would audit the collected funds and the cost would be reported annually. She requested that this ordinance, if forwarded to the County Commissioners, be waived to the next BCC meeting. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented. Chairman Barreiro asked staff to prepare the appropriate memorandum requesting that the Board of County Commissioner's Chairman Martinez waive the Board’s rules and allow this proposed resolution to be forwarded for consideration at the July 17, 2012 County Commission meeting.

Board of County Commissioners 6/19/2012 Tentatively scheduled for a public hearing Regional Transportation Committee 7/9/2012

Board of County Commissioners 6/19/2012 4D Adopted on first reading 7/9/2012 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Regional Transportation Committee on Monday, July 9, 2012 at 9:30 a.m.

County Attorney 6/7/2012 Referred Regional Transportation Committee 7/9/2012

County Attorney 6/7/2012 Assigned David M. Murray

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 25-2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR LIMITED SOLICITATION BY COUNTY DEPARTMENTS AT MIAMI INTERNATIONAL AIRPORT AT TWO LOCATIONS; PROVIDING FOR INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 25-2 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 25-2. Personal conduct.
* * *
25-2.2 Solicitation of contributions and distribution of materials.
(a) No person shall solicit alms or contributions of money or other articles of value, for religious, charitable or any other purpose, and receive money or other articles of value, whether in the form of cash, checks, credit or debit vouchers or any other form of negotiable instrument, in the public areas of the Terminal. No person shall conduct or participate in any speechmaking, distributing of pamphlets, books or other written or graphic materials upon the Airport or within its facilities without having delivered a written notice to the Department of his, her or its intent to do so at least five (5) working days prior thereto so that the Department may be fully informed of the activity proposed and take adequate precautions to protect the public health, safety and order, and to assure the efficient and orderly use of Airport property for its primary purpose and function, and to assure equal opportunity for the freedom of expression of others.
(b) The written notice required herein shall state:
(1) The full name, address (and mailing address if different), telephone number of the person furnishing the notice, and, if an organization, the name, address and telephone number of a responsible local officer thereof and the title of such officer.
(2) The purpose or subject of the proposed activity and a description of the means and methods intended to be used in conducting the same.
(3) The date, hours and Airport location desired for the proposed activity and the maximum number of persons proposing to participate therein at any one time or period of time, together with a form of identification card, authenticated copies of which shall be displayed on the outer clothing of each individual participating in the particular activity proposed. Such identification cards shall contain the name of the organization furnishing the notice, the legal name of the individual bearing the card, the signature and title of the official of such organization and the date issued.
(c) The Director shall have the authority to prescribe from time to time restrictions applicable to First Amendment activities at the Airport. Such restrictions shall be subject to the requirements of subsection (d) and may include, but not be limited to, identifying specific locations of First Amendment zones in the Terminal Building and other Airport facilities, limiting the number of persons permitted in such zones, and providing a method for resolving conflicting requests for use of First Amendment zones.
(d) All restrictions prescribed by the Director shall be reasonable and appropriate, and made only after a finding by the Director that the restrictions are necessary to avoid injury, or the likelihood of injury, to persons or property, or to assure the safe and orderly use of the Airport facilities by the public.
(e) Persons having given such written notice to the Director as provided in Section 25-2.2(a) shall be permitted to conduct their activities in or upon the public Airport areas, subject only to the restrictions identified by the Director in a written response sent to the applicant. Such response shall be sent within five (5) working days of the Director's receipt of the applicant's notice.
(f) If the Director notifies the applicant that his application is denied, the County Attorney's office shall within five (5) days of such denial file an appropriate action in a court of competent jurisdiction and venue for a judicial determination as to whether the proposed activity described in the complaint may be prohibited, naming the applicant as a party defendant. Dade County shall exert every reasonable effort to have the issue heard on its merits without delay and as quickly as legally possible. The burden of showing that the proposed solicitation may be prohibited shall rest with the County.
(g) If the issue for judicial determination is not heard and decided on the merits by the court within ten (10) days from the date the complaint is filed, then the applicant shall be entitled to engage in the activities described in the application, subject only to those restrictions imposed on all other applicants as to time, place and manner of activities, so as to avoid injury to persons or property and to assure the safe and orderly use of the Airport facilities by the public. The applicant may continue to engage in such activities for so long as it may take to reach a final, nonappealed judicial determination. All parties shall thereupon abide by the ruling of such determination.
(h) No person, while engaging in the activities provided for herein, shall seek to delay a person from whom a donation or contribution is sought, or to obstruct, or unreasonably interfere with access to or egress from any airline, concession or washroom facilities or premises, including, but not limited to, passenger concourses, escalators and elevators, nor shall such person in any manner assail, coerce, threaten or physically disturb any member of the public, County, airline or concession employee or any other person for any reason. The activities provided for herein shall not intrude upon or take place in any location or area reserved or zoned for a particular use, including, but not limited to, washrooms, offices, seating areas, baggage claim areas, ticketing areas, restaurants, lounges, concessions, areas devoted to business enterprises and passenger concourses and gate holding areas. No person shall engage in the activity hereunder without first identifying the organization he or she represents in connection with such prospective donation.
(i) No person, while engaging in the activities provided for herein, shall affix any matter, written or graphic, to any Airport structure or facility, nor shall any such matter be left unattended at any location at the Airport except in baggage lockers for a period not exceeding twenty-four (24) hours upon payment of the prevailing fee.
(j) The Director is empowered to wholly or partially restrict the activities provided for herein in the event of emergencies, including but not limited to, strikes affecting the operation of the Airport, aircraft or traffic accidents, riots or civil commotion, power failures, hurricanes, or other conditions tending to disrupt the normal operation of the Airport.
(k) All persons engaged in activities permitted under Section 25-2.2 of the Code shall wear and display identification, approved by the Department, identifying such person and the organization such person represents. In no case shall any person in any activity under this section attempt to identify himself or herself as a representative of the County of the Department. (Ord. No. 75-113, 2, 12-2-75; Ord. No. 90-1, 1, 1-16-90; Ord. No. 95-41, 41, 42, 3-7-95)
>>(l) Solicitation by County Departments is permitted in limited circumstances, and in strict accordance with the following conditions:

(1) The Airport Director shall establish, by issuance of an operational directive, two locations at which County departments may solicit for donations. After issuance of such operational directive, those locations may not be changed except with the express approval of the Board of County Commissioners, unless such change is directed by the Transportation Security Administration, Department of Homeland Security, or Federal Aviation Administration.

(2) These locations established in such operational directive may not exceed 10 square feet of floor space. Static or video displays and unmanned collection boxes shall be permitted at such locations. No other solicitation methods shall be permitted at such location.

(3) No County Department shall be eligible to solicit for funds at such location unless that Department both: (1) has a fund-raising foundation affiliated with it, and (2) has, prior to such solicitation established a dedicated internal trust-fund for the purpose of accepting donations. Nothing herein shall allow any third party, including any affiliated fund-raising foundation, to solicit donations at Miami International Airport on behalf of any County Department, and all solicitation contemplated herein must be done directly by the County. All solicitation content must be approved in advance by the director of the Department soliciting for donations and also by the Airport Director.

(4) In the event that a Court of competent jurisdiction determines that the spaces contemplated in Section (i) above are public or quasi-public spaces such that the County would be required to allow solicitations from third parties at such locations, this Section shall automatically sunset and be of no further effect.

(5) Nothing contained herein shall be deemed to limit the ability of the Airport to display or provide advertising, promotional, or educational information at the Airport related to Miami-Dade County, at such locations as may be deemed appropriate and as otherwise authorized by law. <<

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< shall be added. Remaining provisions are now in effect and remain unchanged.



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