TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, Interim City Manager
TITLE: Discussion and possible action regarding amending the City of North Port Administrative Code to repeal in its entirety Chapter 54 - Solicitation.
Recommended Action
Discussion and possible action regarding amending the City of North Port Administrative Code to repeal in its entirety Chapter 54 - Solicitation.
Background Information
The City's Solicitation Ordinance (Chapter 54 of the City Code) has administrative, enforcement and safety issues.
The City Clerk administers the ordinance. She issues a "registration certificate" to anyone wishing to solicit in the City. She is authorized to perform criminal background checks and to finger print applicants.
The $50 fee outlined in the ordinance does not cover the costs of the background checks and Fingerprinting.
Much of the information provided on the application is unverifiable.
Charitable or religious purposes and students are exempted. Other groups are not.
Door-to-door selling, solicitation, panhandling, canvassing involves one's right to free speech.
The City Commission considered the ordinance at a workshop on May 26, 2016 (Legistar item 16-0259). The commission reached consensus to use Punta Gorda's ordinance as a starting point and to "tweak" it from there. There was not a consensus to go with Punta Gorda's ordinance wholesale. Then-Commissioner Yates expressed concerns that it violated the First Amendment, so they compromised and decided to use it as a starting point.
Florida Statute Sections 501.021 - 501.055 imposes certain requirements for home solicitation sales, including obtaining a home solicitation sale permit from the clerk for the circuit court for the county. Florida Statute Section 501.022(8) requires every permit holder to carry the home solicitation sale permit at all times while engaged in home solicitation sales and to display the same to all prospectiv...
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