TITLE
title
Proposed Ordinance to Regulate Distribution and Delivery of Unsolicited Newspapers or Circulars on Private Premises
body
BRIEF OVERVIEW
Factual Background
Upon the request of Commissioner Campbell, the Board, acting by consensus during its meeting of November 19, 2024, directed the County Attorney’s Office to prepare an ordinance to regulate the distribution of unsolicited newspapers and similar items.
The Board considered the proposed ordinance on December 17, 2024. The proposed ordinance would have prohibited publishers from distributing newspapers and circulars to private addresses unless the residents thereof had affirmatively opted into receiving them. The Board voted not to enact the proposed ordinance. Instead, the Board, acting by consensus, directed the County Attorney’s Office to redraft the proposed ordinance to provide that a resident can affirmatively opt out from receiving such newspapers and circulars.
Constitutional Issue
As an initial matter, the United States Supreme Court has repeatedly held that newspaper publishers have a First Amendment right to distribute their products to the public, whether solicited or unsolicited. See, e.g., City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 412 (1993). That being said, the Supreme Court “has held that government may impose reasonable restrictions on the time, place, or manner of engaging in protected speech provided that they are adequately justified without reference to the content of the regulated speech.” See id. at 428. Accordingly, the proposed ordinance has been drafted to only regulate the time, place, and manner by which newspapers, flyers, and handbills are distributed. The content of said materials is not relevant.
The Proposed Ordinance
The proposed ordinance, if enacted, creates a new Article V, “Newspapers and Circulars, Unsolicited,” in Chapter 14, “Garbage, Trash, and Refuse,” of the Hernando County Code. The proposed ordinance provides for definitions, regulates the distribution of materials thrown on property, and provides for enforcement. The proposed ordinance provides a mechanism by which a resident can affirmatively opt-out from receiving unwanted newspapers and circulars.
The proposed ordinance serves a valid public purpose as unsolicited newspapers, handbills, advertisements, or other paper materials thrown on lawns, driveways, rights of way, or porches, are blown around, and can cause unsightly littering, the clogging of storm drains, damage to waterways, and decrease the aesthetic quality of neighborhoods.
FINANCIAL IMPACT
Matter of policy.
LEGAL NOTE
The Board has the authority to enact the proposed ordinance pursuant to Fla. Stat. §§ 125.01 and 403.413(8).
recommendation
RECOMMENDATION
This agenda item is an issue of public policy, so no recommendation is made; however, if a majority of the Board votes to enact the proposed ordinance, the Chairman should be authorized to sign it.