CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 19101, 2000 WL 1133148
...Plaintiffs' as-applied challenge, we remand for consideration of that claim.
BACKGROUND
Pinellas County, Florida (Defendant County) passed Ordinance No. 93-106 (the "Ordinance"),
pursuant to Fla. Stat. § 496.421, which grants authority to counties to enact ordinances regulating charitable
solicitation....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit
...We affirm in part; but because the district court failed to address
Plaintiffs’ as-applied challenge, we remand for consideration of that claim.
BACKGROUND
Pinellas County, Florida (Defendant County) passed Ordinance No. 93-106 (the
“Ordinance”), pursuant to Fla. Stat. § 496.421, which grants authority to counties to
enact ordinances regulating charitable solicitation....
CopyCited 5 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 18826, 1998 WL 839860
...ributions, or otherwise maintain any contacts, within the County that would subject them to the County's jurisdiction. 7. Defendant, Pinellas County, is a Chartered County of the State of Florida pursuant to Article VIII of the Florida Constitution. Section 496.421, Florida Statutes, gives the County the specific authority to pass laws regulating charitable solicitation....
...Questioning the wisdom of this Ordinance, however, may also require Plaintiffs to question the wisdom of Florida's legislature, which specifically codified the County's authority to enact more stringent regulations on charitable solicitation. See Fla. Stat. Ann. § 496.421 (1995)....
...Bennett,
951 F.Supp. 1429, 1440 (C.D.Cal.1997) (citing Cantwell v. Connecticut,
310 U.S. 296, 306,
60 S.Ct. 900,
84 L.Ed. 1213 (1940)). Moreover, the County here has simply enacted an Ordinance specifically authorized by statute. See Fla. Stat. Ann. §
496.421 (West 1998)....
...This statute plainly gives the County the authority to enact more stringent regulations on charitable solicitation. See id. Thus, as the Court noted under the analogous Commerce Clause analysis, Plaintiffs' argument might be better directed at the wisdom of § 496.421, and not the County's decision to act upon it....
CopyCited 2 times | Published | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 22939, 2001 WL 1807760
...BACKGROUND The following factual allegations are takes from the docket entries listed above. On December 7, 1993, Defendant Pinellas County, (Defendant County) a political subdivision of the State of Florida, passed Ordinance No. 93-106 (the Ordinance), pursuant to Florida Statute § 496.421, which grants counties the authority to enact ordinances that regulate charitable solicitations....
CopyCited 2 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 10122, 2004 WL 1336308
...ts, in which American Charities appeared, adjudicates the charities' claims and renders this action an impermissible "second bite at the apple" (Doc. 60). I. BACKGROUND A. The Pinellas County Charitable Solicitation Ordinance Promulgated pursuant to Section 496.421, Florida Statutes, [8] the ordinance requires the registration of any charitable organization (and any sponsor, [9] federated fundraising organization, [10] or professional *1280 solicitor [11] ) that desires to solicit a charitable c...
...The Solicitation of Contributions Act does not "preempt more stringent county ... provisions ..., [and] such provisions must be complied with if the registrant desires to solicit within the geographic district of such local unit of government." Fla. Stat. § 496.421....
CopyCited 1 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 7721, 1998 WL 188181
...§§
496.401-496.426. This regulatory scheme specifically states that "[s]ections
496.401-496.424 do not preempt more stringent county or municipal provisions or restrict local units of government from adopting more stringent provisions." See. FLA. STAT. §
496.421 (1995)....
...Once again, Defendant Pinellas County's arguments are not persuasive on this point. Both the Florida Constitution and the Florida Statute grant broad home rule power to counties. See FLA. CONST. art. VII, § 1 and FLA. STAT. ch.
125.01. Additionally, Section
496.421 of the Florida Statutes authorizes local governments to pass more restrictive regulations not inconsistent with the state law requirements....
