Senate Bill sb1946c1

    Florida Senate - 2007                           CS for SB 1946

    By the Committee on Transportation; and Senators Gaetz, Fasano
    and Storms




    596-2338-07

  1                      A bill to be entitled

  2         An act relating to traffic control; providing a

  3         short title; amending s. 316.2045, F.S.;

  4         exempting certain nonprofit organizations from

  5         permit requirements related to obstructing

  6         streets or roads for solicitation purposes;

  7         establishing conditions such organizations must

  8         meet in order to solicit charitable donations

  9         on 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.  This act may be cited as the "Iris Roberts

17  Act."

18         Section 2.  Subsection (3) of section 316.2045, Florida

19  Statutes, is amended to read:

20         316.2045  Obstruction of public streets, highways, and

21  roads.--

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

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

24  appropriate local government. An organization that is

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

26  registered under chapter 496, or a person or organization

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

28  requirements for a permit issued under this subsection for

29  charitable solicitation activities on or along streets or

30  roads that are not maintained by the state under the following

31  conditions:

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






    Florida Senate - 2007                           CS for SB 1946
    596-2338-07




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

 2  acting on behalf of the organization, must provide the

 3  following to the local government:

 4         1.  No less than 14 calendar days before the proposed

 5  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.  A plan, for review and comment by the local

10  government, for the safety of all persons participating in the

11  solicitation and the motoring public, at the locations where

12  the solicitation will take place;

13         3.  Specific details of all locations of the proposed

14  solicitation and the hours during which the solicitation

15  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, shall name the local government as an additional

24  insured, and shall be filed with the local government no later

25  than 72 hours before the date of the solicitation; and

26         5.  Proof of registration with the Department of

27  Agriculture and Consumer Services pursuant to s. 496.405 or

28  proof that the soliciting organization is exempt from the

29  registration requirement.

30  

31  

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






    Florida Senate - 2007                           CS for SB 1946
    596-2338-07




 1         (b)  An organization or person meeting the requirements

 2  of paragraph (a) may solicit for a period not to exceed 10

 3  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)  A person engaging in solicitation activities may

10  not persist after solicitation has been denied, act in a

11  demanding or harassing manner, or use any sound or

12  voice-amplifying apparatus or device.

13         (f)  Each person 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 shall

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 condition or requirement of this subsection

21  is not met.

22         Section 3.  This act shall take effect July 1, 2007.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 1946

26                                 

27  The CS provides the bill may be cited as the "Iris Roberts
    Act."
28  

29  

30  

31  

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