HB 1415CS

CHAMBER ACTION




1The Transportation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to traffic control; amending s. 316.2045,
7F.S.; exempting certain nonprofit organizations from
8permit requirements related to obstructing streets or
9roads for solicitation purposes; establishing conditions
10certain nonprofit organizations must meet in order to
11solicit charitable donations on certain streets, roads,
12and rights-of-way; authorizing local governments to halt
13solicitation activities if such conditions are not met;
14providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (3) of section 316.2045, Florida
19Statutes, is amended to read:
20     316.2045  Obstruction of public streets, highways, and
21roads.--
22     (3)  Permits for the use of any street, road, or
23right-of-way not maintained by the state may be issued by the
24appropriate local government. An organization that is qualified
25under s. 501(c)(3) of the Internal Revenue Code and registered
26under chapter 496, or a person or organization acting on behalf
27of that organization, is exempt from local requirements for a
28permit issued under this subsection for charitable solicitation
29activities on or along streets or roads that are not maintained
30by the state under the following conditions:
31     (a)  The organization, or the person or organization acting
32on behalf of the organization, must provide all of the following
33to the local government:
34     1.  No fewer than 14 calendar days prior to the proposed
35solicitation, the name and address of the person or organization
36that will perform the solicitation and the name and address of
37the organization that will receive funds from the solicitation.
38     2.  For review and comment, a plan for the safety of all
39persons participating in the solicitation, as well as the
40motoring public, at the locations where the solicitation will
41take place.
42     3.  Specific details of the location or locations of the
43proposed solicitation and the hours during which the
44solicitation activities will occur.
45     4.  Proof of commercial general liability insurance against
46claims for bodily injury and property damage occurring on
47streets, roads, or rights-of-way or arising from the solicitor's
48activities or use of the streets, roads, or rights-of-way by the
49solicitor or the solicitor's agents, contractors, or employees.
50The insurance shall have a limit of not less than $1 million per
51occurrence for the general aggregate. The certificate of
52insurance shall name the local government as an additional
53insured and shall be filed with the local government no later
54than 72 hours before the date of the solicitation.
55     5.  Proof of registration with the Department of
56Agriculture and Consumer Services pursuant to s. 496.405 or
57proof that the soliciting organization is exempt from the
58registration requirement.
59     (b)  Organizations or persons meeting the requirements of
60subparagraphs (a)1.-5. may solicit for a period not to exceed 10
61cumulative days within 1 calendar year.
62     (c)  All solicitation shall occur during daylight hours
63only.
64     (d)  Solicitation activities shall not interfere with the
65safe and efficient movement of traffic and shall not cause
66danger to the participants or the public.
67     (e)  No person engaging in solicitation activities shall
68persist after solicitation has been denied, act in a demanding
69or harassing manner, or use any sound or voice-amplifying
70apparatus or device.
71     (f)  All persons participating in the solicitation shall be
72at least 18 years of age and shall possess picture
73identification.
74     (g)  Signage providing notice of the solicitation shall be
75posted at least 500 feet before the site of the solicitation.
76     (h)  The local government may stop solicitation activities
77if any conditions or requirements of this subsection are not
78met.
79     Section 2.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.