Legal Opinion

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Florida Attorney General Reports

Decided November 7, 2007Published

1Opinion of the Court

Dear Ms. Akin:

As attorney for the City of Clearwater, Florida, you have asked for my opinion on substantially the following question:

Does section 316.2045(3), Florida Statutes, as amended by Chapter 2007-43, Laws of Florida, preempt a City of Clearwater ordinance prohibiting the solicitation of donations for charitable, religious, educational, benevolent, or any other purposes?

The City of Clearwater prohibits, by ordinance, anyone from approaching a motor vehicle being operated on a publicly-owned street for the purpose of soliciting or attempting to solicit from the occupant of the motor…

2Cases cited7 opinions

  1. Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
  2. Village of Schaumburg v. Citizens for a Better EnvironmentSupreme Court of the United States · 1980
  3. Pickerill v. SchottSupreme Court of Florida · 1951
  4. Fixel v. ClevengerDistrict Court of Appeal of Florida · 1973
  5. Deltona Corporation v. BaileySupreme Court of Florida · 1976

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