All of them, those in power, and those who want the power, would pamper us, if we agreed to overlook their crookedness by wilfully restricting our activities.
Disclaimer: Dianetics and Scientology are trademarks of the Religious Technology Center (RTC.) These pages and their author are not connected with the Church of Scientology or RTC, or any other organization residing under their corporate umbrella.
This site is best viewed using a highly standards-compliant browser
[work in progress, to be completed, I am looking for original scans, the current document contains many OCR errors.]
FINAL REPORT TO THE CLEARWATER CITY COMMISSION
CONTAINING FINDINGS, RESOLUTIONS AND RECOMMENDED ORDINANCES TO REGULATE ORGANIZATIONS CLAIMING TAX-EXEMPT OR NON PROFIT STATUS
TABLE OF CONTENTS
This final report to the Clearwater City Commission submitted by the Consultant represents the end of the first phase of the project undertaken by the City to resolve legal and fac~] iss~ presented by the activities of the Church of Scientology operating as a tax-exempt organization within the City. The Commission previously adopted the "Preliminary Report" prepared by the Consultant as the first step in the project. The Commission thereafter convened public hearings to hear testimony and review evidence in connection with most of the issues presented in the "Preliminary Report". This final report of the Consultant represents the culmination of this first phase of the project.
The Report is divided into five sections. The first section is the introduction, which briefly explains the nature and purposes of the task undertaken by the City. The second section comprises the summary of the evidence presented at the public hearings for the Commission to review and, if it so decides, to formally adopt or approve. The Consultant recommends that said summary of evidence be formally voted upon and approved in the form presented. The third section" of the report contains proposed findings of fact stated in conclusory form which the Consultant also recommends should be formally adopted. The fourth section contains proposed resolutions which the Commission should adopt, and, most importantly, the last section contains proposed ordinances and amendments to existing ordinances which the Commission should enact.
It is submitted that the evidence presented at the public hearings, as summarized in section II herein, supports the conclusion that the Church of Scientology has engaged in a public relations campaign to present itself to the citizens of Clearwater as a legitimate, law abiding, non profit religious organization while actually operating, pursuant to specific written policies, in disregard and in violation of civil and criminal laws. The actual conduct of the Church of Scientology adopted as written corporate policy, by the Church, includes the following:
Since the Church of Scientology chose not to present any evidence or testimony to the City Commission to justify, explain or refute the evidence supporting the foregoing conclusions, the record is bereft of almost any evidence to support a finding by the City Commission that it should not make some effort to confront the problems and issues presented both in the "Preliminary Report" and in the public hearings.
It is not within the purview of the City's municipal powers to regulate the doctrines, beliefs and religious activities of the Church of Scientology. However, there is a compelling municipal need for the City Commission to respond to the very real problems and dangers presented by the actual operating policies and conduct of the Church of Scientology, not the least of which is the avowed stated purpose of the Scientology organization to use unlawful means to assure political, financial and social control of the City.' Although the City Commission cannot directly address the aforestated goal of Scientology, it is empowered to enact legislation to prohibit and penalize overtly fraudulent practices of the Church. The use of appropriate legal remedies to end said fraudulent practices should directly impact upon the cash flow of the organization, which is itself the end product of the fraud, and which cash is used to perpetuate unlawful conduct.
Many questions have arisen as to whether the City has undertaken too large or broad a task in dealing with the multiple problems created by the Church since the Church allegedly operates as a religious institution in the context of the social, economic, and political fDrces ~nherent in the City. Unfortunately, the activities and conduct of the Church and its antagonists from 1975 to date have been framed in the perspective of the Church vs. State confrontation. This has resulted for the most part because the Church has skillfully created that impression through its public relations campaign in the news media. However, the task for the City Commission .., and for the citizens of Clearwater is not to engage in such a controversy.
For example, the City should not seek to regulate the practice of "E-meter auditing", one of the basic practices of the Church, despite the fact that according to most mental health professionals such "auditing" is actually utilized as an improper tool to subjugate or enslave individuals to the will of another. This is not within the purview of the legal responsibility of the City. Although Australia and other countries have enacted legislation to deal with the mental health problems created by E-meter auditing, the broad First Amendment protections inherent in the very fabric of our society, at this point in time, appear to preclude regulation of such auditing practices regardless of whether they are beneficial or result in serious injury or death, as has been documented in several cases.
However, although E-meter auditing should not be regulated, fraudulent representations that are made to induce people to pay huge sums of money to undertake it, such as the false promise of confidentiality, can be ' legitimately addressed and remedied. Also the practice of taking a person's auditing or confessional information, reducing it to writing, notwithstanding promises of confidentiality, having the person sign the "confession", while at the same time executing legal releases, to the Church and then using the confession and releases against the person to block or frustrate his legal remedies is a form of coercion or extortion which the City can prohibit through appropriate laws. The City Commission should well remember Scientology counsel at the hearings using the "confession" of David Ray to discredit him.
If the City of Clearwater enacted the type of ordinances which are proposed herein as "consumer protection" and "solicitation of charitable funds" type ordinances and David Ray sought a refund of moneys from the Church because of fraudulent promises made to him, said ordinances could achieve multiple purposes. Said laws would provide a direct remedy for Ray or the City attorney to act on Ray's behalf in obtaining a refund, subject the Church to fines and damages for engaging in fraudulent practices, inform other young and vulnerable individuals then inside the Church that such remedies and penalties exist, and prohibit future use of fraudulent and unlawful means to obtain money and labor. If the fraudulent means are stopped, the cash flow will stop. The Church will then be required to operate legitimately, and individuals such as David Ray will have the benefit of making informed choices before providing money or labor.
Another potential benefit of such laws is to require the Church to file with the City a statement as to the use of purportedly charitable moneys. The Church has spent .millions of dollars to carry out unlawful schemes involving smear campaigns, burglary, larceny etc. and then has spent millions of dollars defending its agents such as Mary Sue Hubbard, who have actually perpetuated such criminal acts. The City can legitimately prohibit the use of charitable funds for such purposes under the proposed ordinances, and also fine and subject the Church to damages for such use of allegedly charitable moneys. The foregoing should assist in stopping the criminal operations of the' Church, and thereby encourage victims of such schemes whether members of the Church, such as Tonja Burden, or citizens of Clearwater, such as Mayor Cazares, to seek legal redress against the Church. The intimidating practices of the Church such as the "Fair Game Policy", "Attack the Attacker" and the use of confidential auditing information which have been unlawfully utilized to perpetuate and conceal the fraudulent money making practices of the Church, should cease.
Then defrauded members will not be afraid to step forward, seek legal redress, recover moneys paid, and expose all of the foregoing as constituting the illegitimate means by which the Church has become a powerful force within the City.
Heretofore, Scientology has operated within the City in almost total secrecy. concerning its operations, income, and expenditure of allegedly charitable funds. The very secrecy in which the Church has enveloped itself causes a twofold cycle. First, the Church came into the City in secrecy because of its criminal and fraudulent practices which had been discovered elsewhere. See, for example, the Australian and English reports filed as Exhibits to the Consultants "Preliminary Report". The very need for said secrecy results from Scientology's
history and tradition of involvement in unlawful and fraudulent schemes. That is one phase of the cycle.
The second phase is that the secrecy of Church activities breeds and causes further illegal schemes and operations which by their very nature are carried out in secrecy. The City must have a legitimate means of unveiling that secrecy by investigating the financial affairs and non-religious practices of the Church. Otherwise, the First Amendment protection afforded to an organization such as the Scientology organization becomes a powerful weapon to engage in overtly commercialistic and illegal practices without answerability to society.
It is submitted that the founders of this Country desired to achieve a moderate balance between legitimate religious practices and the social, political and economic requirements of government. That balance is not upset when legitimate governmental needs are pursued to protect social order in the prevention of unlawful practices by a purported religion.
In light of the foregoing, the primary purpose of the proposed ordinances and amendments are (1) disclosure; (2) notice and warning to the public; (3) power to abate prohibited acts. See the "Preliminary Report" for a more thorough explanation of the various relevant provisions of the "consumer protection" and "charitable solicitation" ordinances. Although these latter ordinances have been further refined as set forth in this Report, their nature and purpose remains the same.
The Commissioners of the City of Clearwater convened public hearings on May 5-10, 1982 and received documentary and testimonial evidence with respect to the operation, activities and conduct of the Church of Scientology. Based upon the sworn testimony of witnesses, affidavits, state and federal court decisions and miscellaneous documents reviewed and considered, the Commission makes the following factual recitation (References are to volume and page of the Hearings Transcript):
A. The Church of Scientology is currently engaged in a nationwide conspiracy to impede and obstruct municipal, state and federal taxing authorities, by adopting a religious and charitable guise to avoid payment of taxes.
B. The Church of Scientology repeatedly violates a federal court order which requires that a written warning be attached to the E-Meter informing users that the process is not scientific.
C. The Church of Scientology was and is engaged in a scheme to secretly acquire "downtown" properties with the specific goal of owning and controlling the City of Clearwater.
D. The Church of Scientology in pursuit of its goal of control and ownership of the City of Clearwater, has infiltrated governmental offices and agencies and private enterprise.
The Commission received and considered over 300 pages of material seized from headquarters of the Church of Scientology in Los Angeles in the summer of 1977. These documents specifically evidence plans to infiltrate, actual infiltrations, spying, sabotage, and other illegal activities and dirty tricks against public officials, private citizens, and public and private organizations in the Clearwater area, including newspapers, television stations, the mayor's office, the State Attorney's Office, numerous departments of the city and county, and various federal, state and local law enforcement agencies, and various judicial officials. All of said plans and activities were conducted in strict secrecy. The documents also describe false information campaigns, including malicious libel, slander, and rumor mongering activities against public and private officials. Many of the above activities were specifically intended to influence public officials in the conduct of their duties. Other activities, including use of false front organizations to purchase real estate, were intended to avoid government regulation altogether and to obstruct justice. Furthermore, the documents establish that all of the above activities, intended to disrupt the functions of nearly every public and private organization in Clearwater were officially sanctioned and generously financed by the Church of Scientology as an organization, and not by errant Scientologists. The documents also demonstrate a pattern of investigating the personal backgrounds of public officials and their families and malicious use of that information in attempts to influence public officials in the conduct of their duties.
E. The Church of Scientology consistently misrepresents the qualifications of its founder, the nature of the auditing process and the character of the Scientology organization to attract paying customers who have been defrauded of money amounting to $500,000 to $1,000,000 per week.
F. The Church of Scientology falsely represents auditing to be a "scientific process" guaranteed to confer specific benefits which is relied upon by individuals who pay large sums of money.
G. The Church of Scientology's insect infested and over-crowded housing facilities constitute a threat to the health of the Clearwater citizenry.
H. The Church of Scientology is currently engaged in repeated violations of the individual's rights by subjecting members to forced periods of confinement and interrogation and the performance of degrading acts.
I. The Church of Scientology directs and orchestrates, from the city of Clearwater, against citizens of Clearwater and the United States and foreign countries, a pattern of criminal acts designed to blackmail, extort, and destroy individuals who are perceived to be critical of Scientology.
J. The Church of Scientology threatens members and former members with the collection of a legally unenforceable "debt".
K. While the Church of Scientology has created the appearance of classroom instruction for the eyes of city officials, no actual education has been provided.
L. The Church of Scientology has failed to provide safe and sanitary child care facilities in violation of basic human rights.
M. The Church of Scientology's failure to provide sufficient medical care and the Church's failure to prevent the spread of disease constitutes a threat to the health of the Clearwater citizenry.
N. The Church of Scientology has created a policy which orders the commission of homicide.
O. The Church of Scientology is engaged in the separation and destruction of the family through implementation of the "Disconnect" Policy.
P. The Church of Scientology subjects individuals to mental and psychological damages through the implementation of Scientology's dangerous techniques.
Q. The Church of Scientology has worldwide branches which are directed and controlled by the parent corporation in Clearwater.
R. The Church of Scientology is currently engaged in a recurrent and pervasive use of blackmail, intimidation, infiltration, espionage and other anti-social acts through the implementation of Scientology's "Fair Game" policy:
S. The Church of Scientology wrongfully and maliciously divulges personal and confidential information, confided to Scientology by its members during auditing sessions, for the purpose of blackmail, manipulation and control.
Whereas the City Commission recognizes a compelling need to protect the citizens of Clearwater and visitors to the City from deceptive and coercive solicitation techniques used by organizations claiming charitable purposes; and
Whereas the City Commission recognizes a threat to the public welfare posed by organizations which raise money by appeals to charity and use the funds raised for non-charitable and criminal purposes; and
Whereas the City Commission recognizes inadequate investigation and regulation of such groups by agencies of the State of Florida and Pinellas County, and inadequate remedies for people who have contributed money to such groups without knowledge of their non-charitable activities; and
Whereas the City Commission recognizes that inadequate remedies presently exist for people who have contributed money to such groups or purchased goods and services based on fraudulent representations of fact; and
Whereas the City Commission recognizes a serious present threat to the health and safety of the citizens of Clearwater posed by overcrowded, unhealthful, and unregulated conditions in group living facilities in and around Clearwater wherein a serious risk of spread of communicable diseases exists; and
Whereas the City Commission recognizes that corrupt practices of certain individuals authorized to perform marriages poses a threat to the health and welfare of the citizenry by avoiding the laws of the State of Florida pertaining to marriage and divorce which are intended to prevent spread of disease, bigamy and illegitimacy; and
Whereas the City Commission recognizes a right of all children to acquire those basic skills of learning which are necessary to advance and prosper in modern society, and that the education of certain groups of children has been seriously neglected, and that certain groups of children have been subjected to unhealthful and abusive conditions; and
Whereas the City Commission recognizes that public officials in the exercise of their duties and private citizens in the exercise of their civil rights have been subjected to corrupt, covert, and illegal forms of intimidation, and that public agencies and private groups have been unlawfully infiltrated, and that individuals and groups have corruptly influenced elections by covert and illegal means, and that all of said activities pose serious threats to the integrity of the process of government in the City of Clearwater and to the welfare of all the citizens of Clearwater, and that said acts have heretofore gone entirely unpunished; and
Whereas the City Commission recognizes that the unregulated expansion of tax-exempt uses of property in the Downtown Development District and acquisition of property in the District by persons who refuse to pay taxes poses a serious threat to the financial well being of the Downtown Development District; and
Whereas the City Commission recognizes that many of the problems described here cannot be solved by action of the City alone but require joint action and cooperation between the City of Clearwater and other cities and jurisdictions;
Therefore the City Commission has considered and enacted the following ordinances and resolutions:
1. Housing Standards - Sister Jurisdictions.
It is hereby resolved by the City Commission of the City of Clearwater, the City Commission having heard evidence that substandard living conditions have, and do exist in certain related living facilities in Clearwater, Largo, and other parts of Pinellas County, and that the conditions which have existed in those facilities have presented a clear and present threat to the health and safety of the residents of those facilities and to all the citizens of Clearwater, and that the City of Clearwater is incapable by itself of correcting and eliminating all of said hazards because of the location of certain facilities outside of the city limits and the daily visitation of many residents of such facilities to the environs of downtown Clearwater, that a formal request be made to the Commissioners of Pinellas County and the City Commission of the City of Largo to vigorously enforce all laws regarding overcrowding and sub standard living conditions in group living facilities, and to the extent that existing laws do not adequately address the problem of overcrowded and substandard group living facilities, 'that new legislation be enacted to correct the dangerous conditions which now exist and have existed, and that such enforcement and enactment of legislation take place with all due speed to remedy a health emergency now in existence.
2. Tax Collection.
The City Commission of the City of Clearwater, having heard evidence reflecting directly on the taxable status of real estate owned by various entities of the Church of Scientology within the city, and having a direct interest in full and fair collection of all ~AxeB ~e Qn uQmme~uial ~Qpe~iii within ~he city, hereby resolves to formally request that the Pinellas County tax collector take the following actions with regard to taxation of properties owned by the Church of Scientology:
3. Violations of Marriage Laws.
The City Commission of the City of Clearwater, having heard evidence of persistent violations by ministers of the Church of Scientology of chapters 741 and 826 of the F16rida Statutes, and having a direct interest in the adverse social consequences of bigamy, illegi- to request the Pinellas County State Attorney' s Office to formally investigate the matter of Scientology ministers
engaging in deliberate violations of Florida law, including consumption of marriages in violation of Chapter 741, conspiracy to commit bigamy, and failure to properly file marriage certificates, and to vigorously prosecute all such criminal offenses and seek injunctions to prevent violations of civil law which are not punishable criminally.
4. Violations of Marriage Laws.
The City Commission of the City Of Clearwater, having heard sworn testimony that ordained ministers of the Church of Scientology make a regular practice within the State of Florida of failing to comply with Florida Statutes chapter 741.08, and in connection therewith making a practice granting '"divorces" without requisite legal formality, and recognizing that such practices pose a threat to public health and that there are no criminal penalties for violations of F.S. 741.08, hereby formally requests the Florida legislature to enact with all due speed a criminal penalty for deliberate violations of F.S. 741.08.
5. Child Care.
The City Commission of the City of Clearwater, having heard evidence of persistent neglect and abuse of preschool age children in child care facilities operated within Pinellas County by entities of the Church of Scientology, hereby resolve to formally request the Commissioners of Pinellas County and all responsible officials of the county to investigate the licensing, standards, and conditions of all child care facilities· operated by the Church of Scientology and to regularly inspect the conditions of all such facilities, and to inspect and review the evidence heard by the City Commission on May 5-8, 1982 and to take all legal steps to remedy and prevent recurrence of such conditions.
6. Education The City Commission of the City of Clearwater, having · heard evidence of persistent neglect within the Church of Scientology. in Clearwater of the education of school age children, and of serious deficiencies in basic_ ............... ~_ __ skills among school age children of Scientology-staff members, and of the lack of regular schooling of any sort for such children, it is hereby resolved by the City Commission to request the Commissioners of Pinellas County and all responsible officials of the county to review the record of testimony, heard by the Commission on May 5-8, 1982 as it pertains to the education of children, to forthwith investigate compliance of Scientology school facilities with laws and regulations governing such facilities including the competence of teaching personnel, and to take all legal and appropriate steps to enforce compliance with existing laws and regulations and to enact remedial programs where necessary and possible to ensure the natural rights of all children to learn those basic skills necessary for success in modern society.
I ZONING AMENDMENTS
1. Change sec. 131..150 (b)(6) to read: (6) Institutional; but excluding churches and accessory church uses as defined in sec. '~ 131. 204 (see sec. 131. 150 (e) for provisions" relating to tax-exempt uses).
2. Change sec. 131.155 definition of "Institutional" to read:
"Institutional": Public or quasi-public use involving public and municipal services and facilities and quasi-public health, cultural or philanthropic services and facilities, including governmental office and public assembly uses, but excluding churches and accessory church uses as defined in sec. 131.204 (see sec. 131. 150 (e) for provisions relating to tax exempt uses).
3. Add new sec. 131.150(e):
(e) Notwithstanding any other provision of this chapter, any proposed new, altered, or expanded use of property in the Downtown Development District for tax-exempt purposes (as defined by Florida statute) excepting structures owned and operated by any governmental agency, shall be permitted only upon consideration and approval as a special exception by the board of adjustment and appeal on zoning in accord with the provisions of section 131.016. In determining whether to approve any special exception under this section, the board shall consider, in addition to the factors set forth in sec. 131.016(g) the compatibility of the proposed use with the purposes of the downtown plan. The community redevelopment agency shall review, take a position' on, and be heard before the board of adjustment and appeal concerning any such proposed tax-exempt use and its compatibility with the purposes of the downtown plan, and shall review and certify to the board of adjustment and appeal the probable effect of such proposed tax-exempt use on the financial well being of the downtown development district. The term "financial well being" includes, but is not limited to:
1) ability of the downtown development district to meet outstanding obligations;
2) marketability of bonds, notes and securities issued, or to be issued, by the down-
town development district;
3) effect of the proposed use on actual and assessed values of other properties in the downtown development district. The board of adjustment and appeal on zoning shall not approve any special exception for a tax-exempt use which is shown to have a probable and non de minimus. adverse impact on the financial well being of the downtown development district.
II HOUSING STANDARDS AND LICENSING OF GROUP LIVING FACILITIES
1. Amend the Standard Housing Code, referred to in sec. 138.01 of the Clearwater Code, to include the following provisions relating to group living facilities.
i) "group living facility" is any dwelling, or part thereof containing five or more rooming units and which is occupied by ten or more persons, including dormitories and rooming houses without regard to owner- ship, exclusive of any group living facility which is licensed and regulated as to living conditions by the federal government, the State of Florida, or Pinellas County.
ii) '."rooming unit" is any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes, exclusive of any hotel or motel room which is part of an establishment licensed as such by the State of Florida and actually offered on that basis to the public subject to rules and regulations governing hotels and motels.
b) Group living facilities - special sanitation standards:
i) Lavatories. Every group facility shall .. be equipped with at least one flush water closet, one lavatory basin, and one bathtub or shower for each five persons occupying the group living facility.
ii) Bedding and towels: The owner or operator of any group living 'facility shall maintain the bedding in a clean and sanitary manner, and he shall furnish clean linens and towels at least once each week to each occupant. 'Ose or bunkbeds. or of bedding placed directly upon the floor as sleeping accommodations are prohibited in group living facilities. An owner or operator of a .group living facility who willfully allows a condition prohibited by this section to exist shall be deemed in violation of sec. 1.08.
iii) Communicable disease. An owner or operator of a group living facility who observes or is aware of an occupant suffering from any of the following conditions shall immediately notify the (county health officer): fever, prolonged vomiting, prolonged diarrhea, persistent coughing, jaundice, seizures, spasms, coma, delusions, spots, sores, or any other symptom sufficient to raise a reasonable suspicion of communicable disease. ~1
iv) Insects and vermin. An owner or occupant of a group living facility shall be responsible for keeping all rooming units reasonably free of insects and vermin.
c) Group living facilities - space and occupancy standards. No owner or operator of a group living facility shall allow any person to occupy any rooming unit in such facility which does not comply with the following minimum standards for space and occupancy.
i) Habitable floor area. Every rooming unit shall contain at least 120 square feet of habitable floor area for the first occupant, and at least 50 square feet of additional habitable floor area for each additional occupant.
ii) Sleeping' rooms. In every group living facility, every room occupied for sleeping purposes only shall be required to meet the standards set forth above in (i). "
iii) Storage. Every rooming unit in any group living facility shall have adequate storage to accommodate the clothing and personal effects of every 'occupant.
iv) Calculation of floor area. Floor area
shall be calculated on the basis of habitable room area, excluding bathrooms, water closets, closets, and hallways.
v) Basements and garages. No structure which is designed and constructed principally for storage of automobiles may be used as living or sleeping space in a group living facility on a permanent or temporary basis.
No basement may be used as living or sleeping space in a group living facility unless:
(a) the floors and walls are substantially watertight;
(b) all other provisions of this section
" are met, including regulations pertaining to space, storage, and window area;
(c) the required windc~ area of every such ....... basement unit is entirely 'above the grade of the ground adjoining such -- window area, not including stairwells or access ways'.
(d) Willful failure of an owner or operator of a group living facility to comply with any provision of this section shall be deemed a violation of sec. ~1.08, in addition to all other civil penalties and obligations imposed by this chapter. Any person twice convicted of a violation of this section within .a 5 year period, or any organization which twice suffers conviction of any agents, officers, or employees within a 5 year period, shall suffer permanent revocation of the license to operate a group living facility.
2, Add a section to chapter 138 requiring owners and operators of group living facilities to obtain a .... license from the building director, and periodic inspection as follows:
a) No person shall operate a group living facility within the city after (.date) unless a city li- ~:: ' cense shall be issued to such operator by the __. building director. b) Application .and issuance of license, Any application for a group living facility license shall accompany the application with a fee of
$ .. Applications shall be on a form prescribed by the building director, be accompanied by a certificate of occupancy as defined in sec. 131.007, and shall contain at least the following information:
i) the name and address of each owner and operator of the facility, and, if the owner is a corporation or trust, the names of all principal officers; ii) the number of rooming units, the location of each unit in. the building, and the number of persons permitted to occupy each rooming unit;
iii) the number and type of beds in the facility;
iv) a description of the storage facilities in each rooming unit. ..-
c) Inspection. Upon application for a group living facility license the building director shall inspect the facility described therein for compliance
with this section. If the inspection shows compliance with this section, a license shall be issued. Thereafter, the building director shall inspect each licensed facility at intervals not greater than six months, except that, in the case of an operator convicted of ..... a violation of this section, the building director shall inspect the facility at intervals '~ not greater than 30 days, for a period of one year. All such inspections may be conducted without advance notice to the owner or opera- tot of such facility and at such times as the building director deems appropriate. d) Revocation. Upon discovery of lack of compliance with (section of the code regulating group living facilities) the building director shall notify the City Commission and the Pinellas County State Attorney's Office in writing:. Thereafter, the City Commission may revoke any license subject to the procedures set forth in sec. 71.12 of this code, except as provided elsewhere in this section regarding permanent revocation. A group living facility license may be revoked for any of the grounds set forth in sec, 71,12 according to the procedure described therein,
III REGULATION OF CHARITABLE SOLICITATION
1. "Solicitation" means the requests directly or indirectly r money, credit, property, financial assistance, or other thing of value on the plea or representation that such money, credit, property, financial assistance, or other thing of value will be Used for a charitable purpose as those. purposes are defined in this part, including the following methods:
a) Any oral or written request.
b) The making of any announcement in the press or electronic media in which any member of the public is requested to pay money to a charitable organization in the City of Clearwater.
c) The distribution or circulation, posting or publishing of any handbill written advertisement, or publication which directly or indirectly encourages payment of money to a charitable organization in the City of Clearwater.
d) The sale of, offer of, or attempt to sell any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, tangible items, course or course of study, or service in connection with which any appeal is made for any charitable purpose, or when the name of a
charitable organization is used or referred to in such an appeal as an inducement or reason for making any such sale, or when, in connection with any such sale, any statement 'is made that the whole or any part of the proceeds from any such sale will be donated to or used for a charitable purpose.
1. The ~registration requirements of this Chapter shall not apply to: a) charitable organization~ Which receive less than ' $200,000 per calendar year in contributions; b) the...offering for sale or auction of any goods, services, of things of value upon the representation that the proceeds thereof are for a charitable purpose, where the proceeds thereof do not exceed $50,000 in any calendar year.
Power of Consumer Affairs Officer to Register ..and Investigate Charitable Solicitations
1. The Consumer Affairs Officer of the City of Clearwater is hereby vested with the genera4= authority, power, and jurisdiction to enforce the provisions of this chapter (substitute different official if Consumer Protector Act is not adopted).
2. The Consumer Affairs Officer may make such rules as he deems necessary from time to time to implement the provisions of this chapter, and may require from any organization subject to this chapter any reports and information he deems necessary for the administration of this chapter. The Commissioner shall have the power to prescribe forms for registration, disclosure, and other purposes, to adopt procedures, and when necessary, to convene hearings as provided in this chapter and make recommendations to appropriate prosecuting attorneys for enforcement of any penal provision of this chapter. Any rules promulgated under this section shall become effective upon approval by the City Commission.
3. In addition to the authority granted the Commissioner by this chapter, he may commence and maintain in a court of competent jurisdiction all proper and necessary. actions and proceedings to enjoin and abate any act prohibited by this chapter, or to enforce any subpoena issued by the Commissioner or to seek any injunction authorized by this chapter.
4. The Commissioner, upon his own initiative or upon the complaint of any person, may, if he has reason- able ground to suspect a violation of this chapter, investigate any charitable organization, profession- al fund raising counsel, or professional solicitor to determine whether such organization, counsel, or solicitor has violated the provisions of this chapter or the rules and regulations' promulgated by the Commissioner, or has filed any statement or information required under this chapter which contains false or misleading statements.
5. All financial records of any professional solicitor or charitable organizations which pertain to the solicitation and expenditure of contributions received shall, upon demand, be available to the Commissioner for inspection and investigation and the term "financial records" shall be deemed to include banking records and statements, checks, drafts, receipts, and papers of any description which indicate the receipt or expenditure of funds. However, names, addresses, and identities of contributors and amounts contributed by them shall be exempt from the provisions of s. 119.07(1) , the. public records law; shall not be disclosed by , the Commissioner; and shall be removed from the records and the custody of the Commissioner at such time that such information is no longer necessary for the enforcement of this chapter and shall not be disclosed by the Commissioner.
6. The Commissioner may enter into reciprocal agreements with the appropriate authority of any other government entity for the purpose of exchanging information with respect to organizations subject to the provisions of this chapter.
7. For purposes of enforcing the provisions of this chapter and making investigations of any violation thereof, and for purposes of investigating the practices and business methods of any organizations to determine if there have been violations of this chapter, the Commissioner shall have the power to subpoena and bring before it any person in the state and may require the production of papers it deems necessary and administer oaths and take depositions of any such person so subpoened. The Commissioner shall have the power to effect service of process of subpoenas. Upon failure of a person without lawful excuse to obey a subpoena issued and served by the Commissioner, 'the.. Commissioner may apply to the Circuit Court for an order compelling compliance.
8. In addition to all other powers and duties created by this chapter, the Commissioner is empowered to receive and investigate complaints from any individual who claims. to have been defrauded, deceived, or injured by the commission of any act prohibited by this chapter as a result of a solicitation or solicitation activities in the City of Clearwater by an organization subject to this chapter.
1. Any person alleging injury as a result of a violation of the provisions of this chapter shall file with the Consume~= Affairs Officer a complaint in writing, sworn to or affirmed, which shall state the name and address of the complainant and the person against whom the c0mplain~ is made, as well as =he alleged facts surrounding the injury, and other such information as the Officer may require. A complaint shall be filed within one year of the date when the complainant learned of the alleged injury.
2. Processing complaints.
a) Investigation; conciliation. Upon the filing of a complaint the Consumer Affairs Officer within sixty days shall. make such investigation as he deems appropriate to ascertain facts and issues. If, within ninety (90) days, the complaint is not settled and if ~e officer shall determine that there are reasonable' ' grounds to believe an unlawful injury has' occurred and is susceptible of conciliation, then the officer shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal, and all reasonable efforts shall be made by the parties thereto. to reach a settlement.
b) Dismissal by officer; ~~.~e_~-e If the officer determines that the complaint lacks reasonable grounds upon which to base a violation of this chapter, he shall dismiss--the case. Any person who has filed a complaint which is ultimately dismissed may, appeal by way of certiorari' to the Dis~crz~t Court within 30 days thereafter.
c) Administrative hearing following failure to conciliate. If the Consumer Affairs Officer, with respect to a matter which involves a contravention of this chapter,-fails to conciliate a complaint, after the parties, in good faith, have attempted such conciliation, as provided .. in subsection (a), the Officer shall, within ten (10) days notify the state division of administrative hearings that it would like to have a hearing officer furnished to conduct an. = administrative hearing with respect to such complaint. The administrative hearing provided: ...... for heroin shall be conducted by the hearing officer within sixty (60) days of the state division of administrative hearings being .._ notified of the officer's request for a hearing officer. Any conciliation agreement reached more than thirty-six (36) hours prior to a scheduled administrative hearing shall result in such hearing being cancelled.
d) Administrative hearing procedure; appeal. In conducting any administrative hearing to ascertain whether or not there has occurred an in- jury under the provisions of this chapter, the hearing officer shall have the power to administer oaths, issue subpoenas, compel the production of books, papers .and other documents ind receive evidence. The hearing officer in the conduct of such administrative hearing shall utilize a procedure similar to that provided in F.S. 120.57(1) and 120.58. All recommended orders prepared by the hearing officer as a result of such hearing shall con- form with the requirements for such orders as set out in F.S.~ 120.59. At the conclusion of such administrative hearing, the hearing officer shall transmit his order composed of findings of fact and conclusions to the .... Consumer Affairs Officer, .., -- The order together with the recommendation shall be considered as the final order of the Consumer Affairs Officer for the purposes of .' ..... ~ proceeding further under this section. Either party to such administrative proceedings shall have the right to appeal the administrative order described herein by filing a notice of appeal pursuant to Florida Appellate Rule 9.110.(2) within thirty (30) days of the issuance of such order by the Consumer ~ Affairs Officer. The city or the charging party shall have authority to bring an action in equity in the circuit court to implement the final administrative order in order to insure compliance with this chapter, The court of equity shall be empowered to issue mandatory or prohibitive injunction to implement such administrative order.
e) Enforcement of subpoenas. In case of refusal to obey a subpoena issued by the hearing officer, the city or the person at whose request it was issued may in addition to any other remedies made available petition for its enforcement in ~e appropriate court.
f) Action to obtain compliance with order. Should any party fail or refuse to voluntarily comply with the final order issued as. this chapter, then, following the expiration of the appeal time provided herein, the Consumer Affairs officer shall forward such order together with his. recommendation to the city commission with a request that the city commission authorize 'the city attorney to bring such action to obtain compliance with this chapter.
g) Waiver of acts or time periods for excusable neglect. When an act is required or allowed to be done at or within 'a specified time by this section, for cause shown the consumer affairs officer at any time in its discretion may order the period enlarged or may pernLit the act to be done when failure to act was. the result of excusable neglect'.
1. Every charitable organization in the City of Clearwater which intends to solicit contributions in Clearwater, or to sell or render any goods or services in Clearwater in connection with a solicitation for a contribution, shall, prior to any solicitation, after date following enactment, file a. registration statement with the Commissioner of Consumer Affairs on the forms prescribed by him. The registration shall contain: a) The name of the organization and the purpose for which it was organized.
2. The registration required under this section shall be filed and signed under oath by the chief executive officer of the organization. If the chief executive officer of the organization does not maintain a residence Df principal office in the City of Clearwater, the registration shall additionally by 'endorsed and signed under oath by the highest ranking officer of the organization who resides or maintains a residence in the City of Clearwater. If said registration statement contains information of which, or the documentary evidence of which is possessed entirely by any person or persons who do not reside or maintain an office or residence in the City of Clearwater, the statement shall designate any such information, and include the name and address of any such person, and specify the information and documents 'which any such person possesses.
3. No organization shall withhold any information or documents required to be produced under this chapter or requested by the Commissioner during an investigation on the basis that the documents or persons who possess the information are not located in the City of Clearwater. Any refusal to produce documents or information for such. reason shall constitute sufficient grounds for the Commissioner to seek and obtain an injunction against all solicitation activities by the organization Within the City of Clearwater.
4. If there is any change in fact, policy, or procedure that would alter the information given in any registration statement, the. registrant shall notify the Commissioner in writing thereof within 10 days.
5. Except as otherwise provided in this chapter,' registration statements and all other documents and information required to be produced under this chapter by the Commissioner shall become public records in the office of the Commissioner and shall be open to the general public under such conditions as the Commissioner my-pnescr__i~.e.
if the Commissioner determines that any organization subject to this chapter has failed to file a registration statement or has filed a statement which does not contain information sufficient for the purposes of this chapter, he shall notify said organization in writing and specify what information it has failed to produce. If any such organization fails for fifteen consecutive days after. receipt of notice to provide such specified information without legal excuse, the Commissioner shall declare a default, and such default ~hall constitute sufficient grounds ~or the Commissioner to seek and obtain an injunction against all solicitation activities by the organization in the City of Clearwater.
MAINTENANCE OF RECORDS
Every organization subject to the provisions of this chapter shall, in accordance with rules and regulations promulgated by the Commissioner, keep true fiscal records as to its activities in conformity with the principles set out in the "Audit Guides" published by the American Institute of Certified Public Accountants. Such records shall be maintained. for a period of three (3) years after the end of each fiscal year of the organization and shall be made available to the Commissioner upon request.
NOTICE AND PUBLICATION OF WARNINGS CONCERNING CERTAIN CHARITABLE ORGANIZATIONS
If the Commissioner finds that any charitable organization subject to this chapter has failed to file a registration statement, or has filed a statement containing insufficient or false information, or has engaged in any act prohibited "by this chapter, he may, in addition to all other actions authorized by this chapter, publish and promulgate notice to the public containing the following information: a) that the particular organization is subject to the provisions of this chapter; b) that the Commissioner is authorized to receive and investigate complaints relating to fraud and violations of' this chapter; c) that the particular organization has failed. to register, or provide sufficient information, or has engaged in prohibited acts, as the case may be. The publication may contain a description of the prohibited acts found to have been committed. The notice and publication may be placed in electronic and printed media and may be publically posted in a manner calculated to give reasonable notice to all persons .affected. Said notice may be termed or entitled a WARNING. In addition to the above, the Commissioner may apply to the Court for an order. that the o. Sheriff' post such a notice at conspicuous places on the premises of the organization.
No organization subject to the provision of this chapter, and no agent, employee, or officer of any such organization, shall engage in any of the following prohibited acts:
a) use, expenditure, or allotment~ of solicited funds for any purpose other than the charitable purposes of the organization;
b) use of any portion of solicited funds to plan, support, or execute any conduct which is criminal or illegal under the laws of the City of Clearwater, the State of Florida, or the United States;
c) use of any portion of solicited funds for the profit or enrichment of any person; provided, however, that payment of reasonable salaries to employees in exchange for substantial services shall not constitute a violation of this section, nor shall reasonable commissions paid to professional fund-raisers;
d) making of any false statement or giving of any false information pursuant to the provisions of this chapter;
e) commission. Of any act, acts, or course of conduct resulting in loss or denial of a tax exemption pursuant to s.. 50 1 (c) ( 3 ) of the Internal Revenue Code of 1954, or of any corresponding section of any subsequently inacted Federal Revenue Act~
f) commission of any violation of the consumer ~ - protection laws of the City of Clearwater, Pinellas- '- County, the State of Florida, or the United States, ~-. u in the sale of any goods or services in. connection " with which any appeal is made for a charitable purpose, or the name of any. charitable organization or purpose is used as an inducement for the sale, or any statement is made that the whole or any part, · of the proceeds from any such sale will be used for a charitable purpose;
g) use of any scheme or artifice to defraud or obtain money or property by means of any false statement, representation, or promise;
h) falsely representing that any contribution will entitle the donor to a Federal or State tax deduction;
i) use of unconscienable pressure or threats to obtain a donation, or falsely representing to any person that a pledge or promise to make a contribution constitutes a legally enforceable obligation under circumstances in which no such legal obligation exists;
j) promising any person that a contribution will be refunded upon request, and thereafter failing to promptly make a refund which has been requested;
k) promising any person that refunds of contributions will be made upon request without providing such person, at the time such representation is made, with a written statement of the terms and conditions upon which refunds are made;
l) promising any person that refunds will be made without maintaining adequate records and reserve funds. to allow for prompt refunds upon request; ...
m) receiving or disclosing confidential information about any person for purposes or engaging in sollicitation of money or property, under circumstances in which the person who provided the confidential information was not aware that it would be used for solicitation purposes and did not thereafter consent t6 its use for solicitation purposes. For .. purposes of this part, "confidential information" .. means information obtained upon a promise that it would be kept in confidence and shall include, inter alia, records of confidential information' kept by attorneys, physicians, clergymen, and counsellors;
n) failure to maintain any records required under this chapter;
o) failure to make any disclosure required under this chapter or to report. any change of condition as required by this chapter;
p) solicitation by any person on behalf of any organization without written authorization of a presently active officer of the organization whose name has been disclosed pursuant to this chapter;
q) obstruction of any investigation commenced under this chapter;
r) willfull failure to honor a subpoena duly issued and served by the Commissioner; and s) falsely concealing the identity of an organization on whose behalf solicitations are being made.
ENFORCEMENT AND PENALTIES
1. If, after investigation, the Commissioner has reasonable grounds to believe that an organization subject to this chapter, has failed to file a registration statement as required herein, or has filed a statement which is false or misleading, or has filed a statement containing insufficient. information and has failed to correct such insufficiency after notice of default, he may bring an action in the District Court to enjoin any solicitation or solicitation activities by the organization in the City of Clearwater for a period of time sufficient to ~eter such failures but not to exceed one year. The Court, if it finds that such violations or failures have occurred, shall give injunctive relief accordingly.
2. If, after investigation, the Commissioner has. reasonable grounds to believe that an organization subject to this chapter has engaged in. any of the acts prohibited herein, he shall apply to the District Court for injunctive relief to abate such violations. The Court, if it finds that such violations have occurred, shall assess
a fine in an amount sufficient to deter future violations, but not exceed $2.,500.00 per violation. .In addition, the Court may award the Commissioner. attorney 's fees in an amount sufficient to cover costs of enforcement. As provided herein, the Court may authorize the posting of notices in conspicuous places on the premises of any Organization which has been guilty of prohibited acts sufficient to warn .the public of commission or prohibited acts by the organization.
3. In addition to the foregoing, any person who willfully and knowingly gives any false information to the Commissioner in filing statement and reports required herein, ·or who willfully and knowingly obstructs an investigation of the Commissioner, or who willfully and knowingly leaves the State or assists any person
to leave the State for the purposes of avoiding the provisions of this part, shall be punishable (punishment is to be established by the City Commission). If the Commissioner becomes aware of any such violation, he shall. report to the appropriate prosecuting attorney all. records and documents which he may require.
IV. CONSUMER PROTECTION STATUTE
1. Title - this ordinance shall be designated the Consumer Protection Ordinance of the City of Clearwater.
2. Legislative Intent - the public health, welfare, and interest require a strong and effective consumer protection program to protect the interests of both the consumer public and legitimate businessman. Toward this end, the position of the Consumer Affairs Officer is hereby created in the City of Clearwater to enforce
· all state laws, county ordinances, and municipal ordinances to consumer protection.
3. Definitions: ~
a) "Consumer transaction" means a sale, lease, assignment, award by chance, or other disposition of an item of goods, a consumer service, or an intangible to an individual for purposes that are primarily personal, family, or household, or a solicitation by a supplier with respect to any of these dispositions. Said definition shall include, inter alia, transactions and solicitations relating to publicly offered vacation plans, courses of study or instruction, physical and mental self improvement courses, business and "personal counselling" services, but ~h~.~l not include services. rendered by licensed attorneys, physicians, dentists or medical care practitioners. Said definition shall also include sales of goods and services by charitable organizations or solicitations for such sales, wherein .a representation is made that the thing sold is of substantial value commensurate with the price charged as an inducement or reason for making such sale.
b) "Supplier" means a seller, lessor, assignor, or other person who. regularly solicits, engages in, or enforces consumer transactions, whether or not the supplier is a natural person, partnership, association, corporation, charitable organization, or & non-profit organization.
c) "Violation" means a violation of any state law, county ordinance, or municipal ordinance relating to consumer protection, whether civil or criminal in nature, including, but not limited to the Florida Deceptive and Unfair Trade Practices Act, as interpreted in light of the Federal Trade Commission Act and other Federal consumer protection acts, and the interpretations given the by the federal courts.
4. Powers and Duties of the Consumer Affairs Officer.
a) To enforce the provisions of all state laws, county ordinances, and municipal ordinances relating to consumer protection, whether civil or criminal, according t0 the procedures set forth herein.
b) To receive and investigate complaints of alleged violations as defined in this ordinance.
c) To initiate investigations where there is reason to believe, based on evidence presented to him by any person that a violation has occurred or is occurring.
d) To refer complaints to the Office of the State Attorney where there is reason to believe that a criminal violation has occurred or is occurring. To institute actions in the Circuit Court according to the procedure set forth herein, to obtain a declaratory judgement that an act or practice constitutes a violation, and to seek injunctive relief against a supplier or other person who has committed, is committing, or is threatening to commit a violation.
f) To effect service of process upon any supplier or other person charged as a respondent in a complaint.
g) To effect service of process upon witnesses.
h) To instigate hearings, as set forth herein.
i) To order a supplier or other person to cease and desist from committing a violation.
j) To implement and administer consumer protection education programs and consumer warning campaigns.
5. Operating Procedures of the Commissioner.
a) Any person may make or file a complaint with the Commissioner stating the name and address of a supplier or other person alleged to have committed the violation complained of and the particulars thereof, and such information as may be required by the Commissioner. A complaint shall be filed within 360-days of the alleged violation in order to be processed under this chapter.
b} Upon this filing of a complaint, the Commissioner shall. cause such investigation as he deems appropriate to be made. If the Commissioner determines that there are reasonable grounds to believe that a violation has occurred, he may attempt to conciliate the matter through conferences with all interested parties and such representatives as the parties may choose to assist them.
c) If the Commissioner determines that there is no reasonable grounds to believe that a violation has occurred, he shall dismiss the complaint. Any person who has filed a complaint which has ultimately been dismissed by the Com~issi,0ner may appeal by way of certiorari to the District Court within 30 days thereafter.
d) Whenever the Commissioner shall have reason to believe, based on evidence presented to him and based on his investigations, that a supplier or other person has committed or is committing a a violation and if it shall appear to the Director, public interest, he shall notify the state division
of administrative hearings that he would like to have a hearing officer furnished, to conduct an administrative hearing with respect to such complaint, and a hearing .shall be conducted within 45 days thereafter. Notice shall be issued and served upon the supplier or other person complained of not less than 14 days prior to the hearing date stating the charges and setting the time and place of hearing.
6. Service of Process - Service of process upon a respondent shall be accomplished at least fourteen (14) days prior' to the date of hearing and may be affected by personal service by a duly designated agent of the Commissioner or by certified ~il, return receipt requested. Service by certified mail shall be effective three (3) days after depositing. the complaint and notice of hearing in the United States 'Post Office addressed to the owner a-t his last known address with postage prepaid thereon.
7. Procedures Governing Hearings.
The following procedures shall govern the conduct of hearings under this chapter:
a) In conducting any administrative hearing under this chapter, the hearing officer shall have the power to administer oaths, issue subpoenas, compel production of books, papers, and other documents and receive evidence. The hearing officer shall utilize a procedure similar to that provided in F.S. § 120.57(1) and 120.58.
b) Burden of Proof - The burden of proof shall be upon the complainant.
c) Order of Proof - The complainant shall present evidence and testimony first. Thereafter, the · respondent shall have the right to present its evidence and testimony. The complainant shall then have. the right to present rebuttal evidence and testimony.
d) Admissibility of evidence and Testimony - Any relevant evidence shall be admitted if the hearing officer finds it competent and reliable, regardless of the existence of any common law or statu~6ry' which might make improper admission of such evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless. it would be admissible in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded. At the hearing the parties may present testimony and evidence', ~d the. right to cross-examine witnesses shall be preserved. All testimony and evidence shall be given under oath or by affirmation. The hearing record shall be public and open to inspection by .any person; and upon request by a principal party to the proceeding, the Commissioner shall furnish such party a copy of the hearing record, if any, at such cost as he deems appropriate. Each party shall have the following rights:
i) to call and examine witnesses;
ii) to introduce exhibits;
iii) to cross-examine opposing. witnesses on any relevant matter even though that matter
was not covered on direct examination;
iv) to impeach any witness regardless of which " party first called him to testify; and v} to rebut. the evidence.
e} Action by the Commissioner. If based upon the' testimony and evidence presented in the hearing~ 'the hearing officer determines that a supplier or other .... person has committed or' is committing a violation p- ........ he shall transmit his findings of fact and conclusions in writing to the Consumer Protection Officer. The Consumer Protection Officer shall thereafter within fourteen (14) days, draft and serve upon all parties a final administrative order setting forth ~ lawful. reedy sufficient to compensate the com- painant for any wrong found to have been committed by the hearing officer. Said final order may require or prohibit any Other action, as permitted by this chapter, to deter future commission of acts which are wrongful. under this chapter.
f) Service of Orders - Any supplier or other' person affected by any order or other action by the Commissioner, shall be notified either personally or by mail of such Order or other action, and unless waived, a copy of the final Order or action, shall be delivered or mailed to such supplier or other person or to his attorney of record.
8. Judicial Review - Any person, firm, corporation, or agency aggrieved by any decision of the Commissioner may appeal to the courts as provided by general law within 20 days from the date of the decision sought
9. Enforcement of Orders - Should any party fail to refuse to voluntarily comply with a final .order under this chapter, the city or the complainant shall have the authority, following the expiration of the appeal time provided heroin, to bring an action in equity in the circuit court to implement the final administrative order. The court of equity shall be empowered to issue mandatory or prohibitive injunction to implement such final order. In any such instance wherein the Consumer Affairs Officer concludes that a matter of general public interest is involved, he shall forward his order to the city commission with request that the city commission authorize the city attorney to bring such action in the circuit court to obtain compliance with this chapter.
10. Enforcement of Subpoenas - Upon failure of a person without lawful excuse to obey a subpoena issued by a hearing officer or by the Commissioner and upon reasonable notice to all persons affected, the city or person at whose request it was issued, may apply to the circuit' court for an order compelling compliance.
V. OCCUPATIONAL LICENSE
1. Amend sec. 71.13 (263) to include:
Scientology Auditor or practitioner.
VI. MARRIAGES AND MARRIAGE LICENCES
1. Amend the public health and safety laws of the Clearwater Code with the following provision:
Any individual who is authorized to perform ~zziaVes under FIOEi4~ law who perform a marriage ceremony and thereafter willfully fails to comply with Florida Statutes ch.741.08 shall be deemed guilty of a violation of 51.08 of this Code.
VII. INTIMIDATION OF CITY OFFICIALS AND WITNESSES BEFORE CITY AGENCIES
1. Amend Chapter 150 of the Clearwater Code with the following provision:
a) Whoever corruptly, or by threats or force, or by any threatening communication, endeavors to influence, intimidate, or impede any official of the City of Clearwater in the performance of his lawful duties, or any witness or person intending to testify before the City Commission or any board or agency of the City of Clearwater7-,~rr-'any citizen of the City of Clearwater in the exercise of any right guaranteed by the Constitution of the United States or the State of Florida, and whoever injures any person in his person or property on account of having executed his duties as a public official, or testified before the City Commission or any board or agency of the City of Clearwater, or, exercised any right guaranteed by the Constitution of the United States and/or the State of Florida, shall be deemed guilty of 51.68 of this Code, in addition to any other penalties prescribed by law.
b) For purposes of this section, the term "threats" shall include, inter alia, threats to expose confidential or embarrassing information.
c) Any violation of this section which is directed against an official of the City of Clearwater or a witness or person intending to be a witness before the City Commission or any board or agency of the City shall be punishable under this section regardless of where the violation took place.
VIII. CORRUPTLY INFLUENCING ELECTIONS
1. Whoever, with corrupt intention to influence an election for any public office within the City of Clearwater falsely attributes any statement or writing to a candidate for public office with the intention of misleading the electorate shall be deemed guilty of a violation of ~1.08 of this Code.