10/07/1982
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would require the ohuroh to oorreot its own abuses. The housing oode in
a vital oonoern and w01Jld apply aoross-theboard to any family or group
style housing.
He reoommended the oity be critical of the report and the records
and to analyze same and to perhaps have other attorneys review the report.
Because it is recommended by them does not mean it is the best course for
the oity. Group disoussion and group analysis may provide another mode
of aotion.
The oharitable soliciation ordinanoe is designed to deal with and
reduoe fraud, but is not designed to prohibit through prior restraint,
any religious praotice. There is no requirement in this oharitable
solioitation ordinanoe that would reqUire any oharitable organization to
file for a permit. The ordinanoe could aid by legal aotion in correoting
abuses suoh as the false promise of oonfidentiality. Pinellas County has
a oonsumer proteotion ordinanoe and the city can legally enact its own
or just operate under the oounty's ordinance and officer. There is also
a Florida Statute on consumer protection. The city oould work closely with
county offioials. He suggested that another alternative would be to
require an occupational lioense for E-meter auditors. Laws are needed
to oorrect abuses and enforoement is needed to prevent abuses. He
suggested the Commission weigh the issues for legal battle. It oould be
oonsidered intermeddling with the affairs of the churoh and the litigation
oould be oostly, time-consuming, and provide, perhaps, questionable
results.
The alternatives are if the oity does nothing, the ohurch will
continue in its ways. ^ law is needed to prohibit abuses and the law must
be enforoed. He also recommended proceeding slowly, step-by-step, but
not to enact an ocoupational license at this time for an auditor. This
option is inoluded in the ordinance, but he felt the oity would be open
to suit by the ohuroh which could be lengthy and oostly. The first step
would be to adopt the charitable contributions ordinance, then to amend
the housing and zoning codes.
Discussion ensued on a letter from the First Christian College of
Clearwater which stated that they were currently complying with state and
looal laws but were in opposition to the city adopting a charitable
contributions ordinanoe as they \~ould not want to present a list of
donors. Mr. Flynn responded that they would only be required to file if
they were in violation of the ordinance. He also stated many other
charitable organizations comply with current local ordinanoes of St.
Petersburg and the State of Florida ordinances. The oity's ordinance would
be less inhibitory than other ordinances currently in existence. The list
of donors is not subject to public record.
Commission requested Mr. Flynn review the proposed resolutions and
ordinances. Mr. Flynn requested that the Commission adopt the evidentiary
faots. They are a pUblic record of the existing problems. All of the
testimony presented at the hearings was done under oath and there was no
rebuttal of these facts. Mr. Flynn reported that he had received
additional doouments and evidence since the hearings which bear out the
t~ots presented. These new faots are being litigated.
Discussion ensued on the proposed resolutions. In one resolution,
Housing Standards - Sister Jurisdiotions, the reoommendation would be
to adopt a resolution that these faoilities present a threat to the health
safety and welfare of residents in the City of Clearwater and that the
city cannot, by itself, correct and eliminate all of said hazards because
of the location of certain facilities outside of the city limits. The
resolution would be a formal request to the Pine lIas County Commission to
vigorously enforoe all laws regarding overorowding and substandard
conditions in group living facilities.
Another resolution would address the problem of tax colleotion and
would request that the Pinellas County Tax Colleotor take formal aotion.
An additional resolution would address violation of the praotice to grant
divoroes without requisite legal formality. A resolution on ohild care
facilities to correct the practice of neglect and abuse of pre-sohool age
Speoial Work Session
2.
October 7, 1982
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within Pinellas County by entities of the Churoh of Soientology and to
request Pine lIas county to investigate suoh oonditions is proposed.
Another reoommended resolution would address the serious defioienoies in
basio skills among sohool-age ohildren of Soientology staff members and
a request to the Pinellas County Commission to investigate oomplianoe with
laws and regulations governing suoh faoilities, inoluding the oompetenoe
of teaohing personnel. The unauthorized praotioe of medioine could also
be addressed by resolution and investigation be requested from the Amerioan
Medioal Assooiation, the Food and Drug Administration, the Florida State
Division of Health, and the Pinellas County State Atto)'ney's Office.
The zoning amendments would address various definitions and the City's
power or right to regulate the Downtown Development Distriot. The state
legiSlature enacted provisions to set up the Downtown Development District
and give the city its powers. Tax exemption is conferred by the state
legislature. The a~endment would provide that any entity requesting tax-
exempt status, apply to the Board of Adjustment and Appeal on Zoning for
a speoial exoeption. The ordinance would merely restriot tax-exempt
properties, but not eliminate them.
The housing standards and licensing of group living facilities
amendment would address various definitions and require speoial sanitation
standards for lavatories, bedding and towels, communicable diseases,
insects and vermin. Living facilities would be required to have space
and occupanoy standards. There are provisions for a specific habitable
floor area, sleeping rooms, storage, basements and garages. It would also
speak to willful failure of an owner or operator to comply with any
provision of the ordinance and the penalty would be permanent revooation
of the license to operate a group living facility. The ordinance would
require owners and operators to obtain a license from the building direotor
and that periodic inspeotions be made.
The proposed Regulation of Charitable Solitation amendment would
give the city power to regulate fraud. The amendment would prOVide
definitions of solicitation, charitable purpose, oharitable organization,
contribution, and person. It enumerates the powers of the City Attorney
to investigate and prosecute organizations, but the ordinance cannot be
used to convict for past offenses, however it would prevent future abuses.
The processing of complaints, civil actions and damages to injured persons
is addressed, along with maintenance of records and doouments, providing
of records to the City Attorney upon subpoena. The char~table organization
is subject to oompliance with this request.
The definition for "charitable organization" has many facets and will
be rewritten after Mr. Flynn receives input from the City Commission.
The ordinance does not require a permit to solicit, but if the privilged
information is then diVUlged, litigation could be started through the court
system. The municipal officer cannot enforce the ordinance.
Discussion ensued on the no-penalty cla~se. If the city does not
require charitable organizations to register, he recommended that the
requirements for exemptions be deleted. Mr. Flynn also recommended that
if the city could oreate a llaslon with the oounty consumer fraud act,
that the oity not enact it's own consumer fraud ordinance. Discussion
ensued on the oity having a consumer fraud officer who would be more
responsive to the city and have more control over the situation.
Commission oonsensus was that no charitable organization be required to
register and that only those that complaints are received against be
investigated. The City Attorney recommended that the Commission study
the definitions. In order to strenghten the ordinance, Commission
consensus was to delete a review by an administrative hearing officer and
that the cases go immediately to court.
Mr. Flynn advised that, as a result of this meeting, he would draft
new ordinances to delete the registration requirement, add an enforoment
prOVision for finanoial disclosure, and delete the administrative hearing
procedures. The new draft will be forwarded for Commission review..
The meeting adjourned at Q:20 p.m.
Special Work Session
3.
October 7, 1982
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