Miami-Dade Legislative Item
File Number: 121967
   Clerk's Official Copy   

File Number: 121967 File Type: Ordinance Status: Adopted as amended
Version: 0 Reference: 12-64 Control: Board of County Commissioners
Requester: NONE Cost: Final Action: 9/6/2012
Agenda Date: 9/6/2012 Agenda Item Number: 7C
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

County Attorney 9/27/2012 Assigned David M. Murray

Board of County Commissioners 9/6/2012 7C Amended Adopted as amended P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Assistant County Attorney David Murray read into the record the following amendment: 1. To refer to the Parks, Recreation and Open Spaces Department and the Animal Services Department instead of “County Departments” in subsection l(1) on handwritten page 6; and 2. To replace the first sentence of subsection l(3) on handwritten page 7 with the following sentence: “This authorization will remain in effect so long as the respective departments maintain the Animal Services Trust Fund and the Friends of Metro Parks Trust Account, respectively.” Commissioner Heyman stated the amendment prevented solicitation from being open to everyone, and it addressed a previous ordinance that stopped solicitation at airports in the County. She noted that it would cost the two departments nothing to set up the two collection containers that would be used, and the proposed ordinance met the approval of the Federal Aviation Administration (FAA), the Transportation Security Administration (TSA), and administration from Miami International Airport (MIA). Commissioner Heyman requested that the Board support this item. Responding to Chairman Martinez’ question on whether the Parks Foundation could solicit as well, Mr. Kardys said that was correct. He noted the Parks and Recreation Department had an internal trust fund, and money could be accepted from the Parks Foundation and put back into the Parks department. Chairman Martinez stated that he understood the intent of this item, but he could not support it because that foundation sent out many political emails. Commissioner Jordan inquired whether other departments that had foundations would also be allowed to participate, or the solicitation was restricted to the two departments listed. Commissioner Heyman explained that the solicitation was limited to the two departments because they were set up to be fundraising arms for the departments for public purposes. She also noted that through the FAA, only two site locations at MIA would be allowed to operate. She added that the two sites were near the customs and foreign currency areas of MIA. Commissioner Jordan clarified that she was referring to the number of foundations that would have access to those sites. Commissioner Heyman specified that there were only two entities, each with a foundation, that met the criteria in the proposed ordinance. Commissioner Jordan expressed concern regarding limiting the solicitation to the two departments and not allowing other foundations to participate. She said she understood the limitation to two sites. She asked if the possibility of rotating other foundations existed. She referred to the Jackson foundation and other foundations that she said were fundraising arms for their agencies. Commissioner Heyman replied that she wrote the proposed ordinance because she was aware of an ordinance, passed decades ago, that stopped any type of solicitation at the airport; and she wanted to open solicitation back up through a department. She noted she worked with the FAA to come up with restrictions in the proposed ordinance. Commissioner Heyman stated that nothing precluded other organizations from setting up fundraising efforts and collections in government buildings, noting, for example, that the Homeless Trust put collection meters in place at the Stephen P. Clark Center. Commissioner Heyman noted the proposed ordinance was specifically written to catch foreign and US currency when people left the country. She said the ordinance included a great limitation because of FAA’s restriction, and it was left limited like it was to prevent a “slippery slope,” where many charities could line up and say “What about me?” She said the language did not open up to any other entity, because the two departments were the only ones that had it written “just this way.” She indicated if anyone was discontented with the two departments that were chosen, she figured “No” would have to be their vote on the proposed ordinance. She noted she had been working for four years to get the FAA’s approval. Commissioner Jordan noted it was not that she did not want to support the proposed ordinance, but she was concerned about other foundations. She said she understood that Commissioner Heyman had a passion for the Animal Services Department, but she had a passion for Jackson. She commented that everyone used the County’s parks. She pointed out that with regard to attracting international or foreign persons coming through MIA, Jackson was well known for accepting patients from around the globe. Commissioner Jordan stated Jackson was one foundation that she hoped could at least be allowed to participate, whether through sharing timeframes or another approach. She said that she was not sure if Commissioner Heyman had considered allowing other primary foundations to participate. She compared looking at all of the foundations to determine which ones were the best fit with randomly choosing the two foundations. Commissioner Heyman replied that she did not randomly choose the two foundations; the proposed ordinance was legally structured to apply to the two departments, and no other entity could meet the criteria set forth in the language. She pointed out that the language would change the prohibition in the previously passed ordinance. She stated she would like to move forward with the two departments and if the efforts were successful, she would be open to possibilities. She said as tenuous as the efforts were, she would like to leave the proposed ordinance as it was so that it applied to just the two departments. Commissioner Bell commented that she understood the concerns of Commissioner Jordan, and commended Commissioner Heyman on her efforts. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed ordinance as amended. The amended version of this ordinance was assigned Ordinance No. 12-64.

Legislative Text


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 the Parks Department and the Animal Services Department 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) The authorization will remain in effect so long the departments maintain the Animal Services Trust Fund, and the Friends of Metro Parks Trust Fund, respectively. 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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