Commissioners voted 4-1 to enact an ordinance to give property owners the opportunity to opt out of free newspapers and other publications tossed into their yards. Commissioner Ryan Amsler voted against the Ordinance without comment.
The original Ordinance came before the Board of County Commissioners on December 17, 2024. That Ordinance would have prohibited distributors from delivering publications to private addresses unless the property owner had opted into receiving them.
However, putting a stop to this practice outright violates a publisher’s First Amendment rights. However, the Supreme Court has ruled 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.”
The revised ordinance requires distributors to cease deliveries to private properties after they receive a Stop Notice. For a written notice to qualify as a Stop Notice, it must be sent Certified Mail, Return Receipt requested.
The Ordinance also specifies how printed matter must be delivered, either placed in a mailbox or similar, or on the ground, placed within a 3 foot radius of the box. Non-compliance will be in violation of Hernando County Code Section 14-67(3), Littering on Private Property.
The penalty for violations of the Litter code for litter collections up to 5 pounds is a court appearance and fine of $100. Over 5 pounds is considered a second-degree misdemeanor, and carries a maximum of 60 days in jail.
During Citizens’ Comments, Hernando County resident Mike Casey disagreed with the ordinance, primarily because not only is extra time required to write the Stop Notice, but extra time and postage will be spent taking it to the Post Office.
