Senate Bill sb1878c1

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    Florida Senate - 2006                           CS for SB 1878

    By the Committee on Community Affairs; and Senator Argenziano





    578-2292-06

  1                      A bill to be entitled

  2         An act relating to traffic control; amending s.

  3         316.2045, F.S.; exempting certain nonprofit

  4         organizations from permit requirements related

  5         to obstructing streets or roads for

  6         solicitation purposes; establishing conditions

  7         that certain nonprofit organizations must meet

  8         in order to solicit charitable donations on

  9         certain streets, roads, and rights-of-way;

10         authorizing local governments to halt

11         solicitation activities if such conditions are

12         not met; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Subsection (3) of section 316.2045, Florida

17  Statutes, is amended to read:

18         316.2045  Obstruction of public streets, highways, and

19  roads.--

20         (3)  Permits for the use of any street, road, or

21  right-of-way not maintained by the state may be issued by the

22  appropriate local government. An organization that is

23  qualified under s. 501(c)(3) of the Internal Revenue Code and

24  registered under chapter 496, or a person or organization

25  acting on behalf of that organization, is exempt from local

26  requirements for a permit issued under this subsection for

27  charitable solicitation activities on or along streets or

28  roads that are not maintained by the state, under the

29  following conditions:

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    Florida Senate - 2006                           CS for SB 1878
    578-2292-06




 1         (a)  The organization, or the person or organization

 2  acting on behalf of the organization, must provide all of the

 3  following to the local government:

 4         1.  No fewer than 14 calendar days prior to the

 5  proposed solicitation, the name and address of the person or

 6  organization that will perform the solicitation and the name

 7  and address of the organization that will receive funds from

 8  the solicitation.

 9         2.  For review and comment, a plan for the safety of

10  all persons participating in the solicitation, as well as the

11  motoring public, at the locations where the solicitation will

12  take place.

13         3.  Specific details of the location or locations of

14  the proposed solicitation and the hours during which the

15  solicitation activities will occur.

16         4.  Proof of commercial general liability insurance

17  against claims for bodily injury and property damage occurring

18  on streets, roads, or rights-of-way or arising from the

19  solicitor's activities or use of the streets, roads, or

20  rights-of-way by the solicitor or the solicitor's agents,

21  contractors, or employees. The insurance shall have a limit of

22  not less than $1 million per occurrence for the general

23  aggregate. The certificate of insurance shall name the local

24  government as an additional insured and shall be filed with

25  the local government no later than 72 hours before the date of

26  the solicitation.

27         5.  Proof of registration with the Department of

28  Agriculture and Consumer Services pursuant to s. 496.405 or

29  proof that the soliciting organization is exempt from the

30  registration requirement.

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    Florida Senate - 2006                           CS for SB 1878
    578-2292-06




 1         (b)  Organizations or persons meeting the requirements

 2  of subparagraphs (a)1.-5. may solicit for a period not to

 3  exceed 10 cumulative days within 1 calendar year.

 4         (c)  All solicitation must occur during daylight hours

 5  only.

 6         (d)  Solicitation activities may not interfere with the

 7  safe and efficient movement of traffic and may not cause

 8  danger to the participants or the public.

 9         (e)  No person engaging in solicitation activities may

10  persist after solicitation has been denied, act in a demanding

11  or harassing manner, or use any sound or voice-amplifying

12  apparatus or device.

13         (f)  All persons participating in the solicitation must

14  be at least 18 years of age and must possess picture

15  identification.

16         (g)  Signage providing notice of the solicitation must

17  be posted at least 500 feet before the site of the

18  solicitation.

19         (h)  The local government may stop solicitation

20  activities if any conditions or requirements of this

21  subsection are not met.

22         Section 2.  This act shall take effect July 1, 2006.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 1878

26                                 

27  The CS specifies a number of requirements that a charitable or
    non-profit organization must meet before it can solicit
28  contributions on nonstate-maintained highways.

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