Okaloosa County BOCC — May 6, 2014 — reading text

assessments as a pledge revenue for the repayment of the note funding the West Destin project. This action is separate from the repeal of the special assessment itself which is being scheduled for the May 20th meeting. The Amended Resolution has already been prepared and has been approved by the bank holding the note, in addition to Mark Galvin at First Southwest. It is important to note that the amendment of the bond resolution is distinct from the repeal of the MSBU. The Board could amend the resolution and still keep the assessments in place. OPTIONS: Approve/Disapprove Amended Bond Resolution RECOMMENDATION: Staff recommends approval of Amended Bond Resolution. RECOMMENDED BY: Packet Pg. 626 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 627  RESOLUTION NO. 14-___ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA AMENDING ITS RESOLUTION NO. 12-142, ADOPTED WITH RESPECT TO THE COUNTY’S BEACH RESTORATION NOTE, SERIES 2012; ELIMINATING THE PLEDGE OF THE REVENUES DERIVED FROM SPECIAL ASSESSMENTS IN THE OKALOOSA COUNTY BEACH RESTORATION PROJECT MUNICIPAL SERVICES BENEFIT UNIT TO SECURE THE NOTE; AND PROVIDING AN EFFECTVIE DATE. WHEREAS, the Board of County Commissioners of Okaloosa County, Florida (the "Issuer") has previously issued its Beach Restoration Revenue Note, Series 2012 (the "Note") pursuant to Resolution No. 12-142 of the Board of County Commissioners of the Issuer, adopted October 16, 2012 (the "Note Resolution"); and WHEREAS, the Note Resolution pledges as security for the Note the Pledged Funds, which consists in part of the Pledged Revenues, which are defined in the Note Resolution to include certain special assessments (the "Special Assessments") imposed within the Okaloosa County Beach Restoration Project Municipal Services Benefit Unit; and WHEREAS, the Issuer desires to modify the security for the Note to delete the pledge of the Special Assessments and any future proceeds thereof; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA as follows: SECTION 1. The Note Resolution is hereby amended to provide that the definition of "Pledged Revenues" contained therein shall read as follows: "Pledged Revenues" shall mean the proceeds of the Tourist Development Tax. SECTION 2. The Note Resolution is hereby amended to provide that all references therein to the Special Assessments shall be eliminated, and the Issuer shall not be required to levy the Special Assessments in connection with payment of the Note. Notwithstanding the foregoing, any proceeds of Special Assessments received by the Issuer prior to the date of this Resolution shall be applied as provided in the Note Resolution before this amendment. SECTION 3. Except as amended hereby, the Note Resolution shall remain in full force and effect. SECTION 4. This Resolution shall take effect immediately upon its adoption. Packet Pg. 628  PASSED, APPROVED AND ADOPTED this 6th day of May, 2014. OKALOOSA COUNTY, FLORIDA (OFFICIAL SEAL) Chairman, Board of County Commissioners ATTEST: Clerk of the Board of County Commissioners Approved as to form and correctness: County Attorney ACCEPTED AND APPROVED: HANCOCK BANK, as owner of the Note By: Its: Packet Pg. 629 Packet Pg. 630 Packet Pg. 631  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: May 6, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Panhandling Ordinance DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Request Board consideration of two sample Panhandling Ordinances and give staff direction to further explore drafting like ordinance for Okaloosa County. BACKGROUND: At the request of a Commissioner, staff was asked to research panhandling ordinances from other counties and municipalities in Florida for legislation that may find applicability in Okaloosa County. Attached are two ordinances, from Hernando and Orlando, for the Board’s consideration. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 632 Hernando County Ordinance on Panhandling: Sec. 21-3. Solicitation upon medians, streets, and highways. a. Purpose. The purpose of this section is to prevent dangers to persons and property, to prevent delays, and to avoid interference with the traffic flow. Roadways that have center medians often are designed to deal with specific traffic flow problems. Any delay or distraction may interfere with traffic planning. Sometimes persons stand near intersections and near traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights. b. Unlawful Acts: (1) It shall be unlawful for any person to solicit for employment, business, contributions, or sales of any kind, or collect monies for the same, from the occupant of any vehicle traveling upon any street or highway, or to advertise for any purpose, when such solicitation, advertisement or collection causes the person performing the activity to enter onto the traveled portion of a street or highway. This section shall not apply to solicitation or collection for relief of victims during a time of national emergency as declared by the president or a time of state emergency as declared by the governor, when such solicitation or collection is carried out solely by representatives of a governmental or not-for-profit organization and all goods or money solicited or collected are transferred to a recognized relief agency for distribution within a reasonable time. (2) This section may be enforced by any law enforcement agency with jurisdiction and authority over the street or highway on which violations occur, which agencies are hereby authorized and directed to enforce this section. (3) Violations of this section shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. c. Definition. Packet Pg. 633  For purposes of this section, the "traveled portion of the street or highway" shall mean that portion of the street or highway normally used by moving motor vehicle traffic and shall include: (1) Any median area dividing lanes of motor vehicle traffic, whether or not paved; and (2) Any area within the road right of way that is four (4) feet or less in straight line distance from the traveled portion of the street or highway, such area representing the minimum clear zone of recovery provided for by applicable traffic engineering standards. (Ord. No. 98-26, §§ 1—3, 10-13-98; Ord. No. Packet Pg. 634  CITY OF ORLANDO PANHANDLING ORDINANCE Sec. 43.86. Panhandling. (1) Definition. "Panhandling" is any solicitation made in person, requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is, in substance, a donation, is a donation for the purpose of this section. Except as specifically provided in this section, panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person. (2) Place of Panhandling—Violation. It shall be unlawful for any person to panhandle, and no registration issued under this section shall be deemed to allow panhandling, including passively standing or sitting with a sign or other indication that one is seeking donations, when the person solicited is in any of the following places within the City limits of Orlando, Florida: (a) At any bus or train stop; (b) In any public transportation vehicle or facility, excluding airports; (c) In any vehicle on the street; (d) In a public park, fairground, or sporting facility, including entry ways or exits thereto; 1 Packet Pg. 635  (e) Within 15 feet of the site of any automated teller machine (ATM); (f) On private property, unless the panhandler has permission from the owner or occupant; (g) In a parking lot or garage owned or operated by the City of Orlando, including entryways or exits and pay stations connected therewith; or (h) On public property in the Downtown Core District as defined in Section 43.87 of the City Code of Orlando, unless the solicitor is within an exempt zone, or otherwise authorized by Section 43.87. (3) Manner of Panhandling—Violation. It shall be unlawful for any person to panhandle in any of the following manners: (a) By blocking the path of the person solicited; (b) By using profane or abusive language, either during the solicitation or following a refusal; (c) By panhandling in a group of two or more persons; or (d) By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat. (4) False or Misleading Solicitation—Violation. (a) It shall be unlawful for any person to knowingly make any false or misleading representation in the course of soliciting a donation. False or misleading representations include, but are not limited to, the following: 2 Packet Pg. 636  (i) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact; (ii) Stating that the donation is needed to meet a need which does not exist; (iii) Stating that the solicitor is from out of town and stranded, when such is not true; (iv) Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated; (v) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated; (vi) Use of any