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WHEREAS, United States (U.S.) District Courts have stated that resale of charitable
<br />donations from collection bins for charity funding are engaging in charitable solicitation, which is
<br />non-commercial free speech entitled to First Amendment right protection (Nat'l Federation of the
<br />Blind of Texas, Inc. v. Abbott, 647 F.3d 202 (2011); Linc -Drop, Inc. v. City ofNeb., 996 F.Supp.2d
<br />845 (D. Neb. 2014), Recycle for Change v. City of Oakland, 856 F. 3d 666 (9th Cir. 2016), Planet
<br />Aid v. City of St. Johns (6th Cir. 2015) and the U.S. District Courts ruled that charitable solicitation
<br />from collection bins can be regulated, though not banned; and
<br />WHEREAS, the U.S. Supreme Court, in Reed v. Gilbert (Gilbert), 135 S.Ct. 2218, 192
<br />L.Ed.2d 236 (2015), in upholding non-commercial free speech rights, stated that in relation to
<br />signage, "government regulation of speech is content -based, if a law applies to particular speech
<br />because of the topic discussed or the idea or message expressed," and found that Gilbert was
<br />content -based for treating signs differently, based on the content of the signs; and
<br />WHEREAS, First Amendment right protection applies to charitable donation in collection
<br />bins, similar to signs, the City has the right to regulate collection bins for time, place, and manner
<br />with reference to the City's Comprehensive Plan, Future Land Use Element, Policy FLU 7.3, that
<br />requires regulation of on-site features affecting the quality and character of development in all land
<br />use designations; and
<br />WHEREAS, the Planning and Zoning Commission held a public hearing on December
<br />11, 2019, and thereafter recommended regulation of collection bins to the City Commission for
<br />approval; and
<br />WHEREAS, the City of Casselberry finds and determines that these amendments to the
<br />adopted City Code of Ordinances are consistent with all applicable policies of the adopted City
<br />Comprehensive Plan; and
<br />WHEREAS, the City Commission finds significant government interest in implementing
<br />these regulations are necessary to implement these regulations to promote the health, safety, and
<br />welfare of the citizens of the City; and
<br />WHEREAS, words with underlined type shall constitute additions to the original text and
<br />strike ffifough type shall constitute deletions to the original text of the Code of Ordinances.
<br />NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
<br />CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS:
<br />SECTION I. LEGISLATIVE FINDINGS. The above recitals are hereby adopted as the
<br />legislative findings of the City Commission. The City Commission finds and determines that there
<br />is competent substantial evidence to support the findings and determinations made in this Section.
<br />SECTION II. Chapter II, Article VII, District and General Regulations, of Part III,
<br />Unified Land Development Regulations, of the Code of Ordinances of the City of Casselberry,
<br />Florida, is hereby amended by adding a new section to be numbered Section 2-7.38 "Collection
<br />Bins", which Section shall read as follows:
<br />Ordinance 20-1531
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