HB 1415

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

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