| 1 | A bill to be entitled |
| 2 | An act relating to charitable public solicitations; |
| 3 | providing a short title; amending s. 316.2045, F.S.; |
| 4 | exempting certain nonprofit organizations from permit |
| 5 | requirements related to obstructing streets or roads for |
| 6 | solicitation purposes; establishing conditions certain |
| 7 | nonprofit organizations must meet in order to solicit |
| 8 | charitable donations on certain streets, roads, and |
| 9 | rights-of-way; authorizing local governments to halt |
| 10 | solicitation activities if such conditions are not met; |
| 11 | providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. This act may be cited as the "Iris Roberts |
| 16 | Act." |
| 17 | Section 2. Subsection (3) of section 316.2045, Florida |
| 18 | Statutes, is amended to read: |
| 19 | 316.2045 Obstruction of public streets, highways, and |
| 20 | roads.-- |
| 21 | (3) Permits for the use of any street, road, or |
| 22 | right-of-way not maintained by the state may be issued by the |
| 23 | appropriate local government. An organization that is qualified |
| 24 | under s. 501(c)(3) of the Internal Revenue Code and registered |
| 25 | under chapter 496, or a person or organization acting on behalf |
| 26 | of that organization, is exempt from local requirements for a |
| 27 | permit issued under this subsection for charitable solicitation |
| 28 | activities on or along streets or roads that are not maintained |
| 29 | by the state under the following conditions: |
| 30 | (a) The organization, or the person or organization acting |
| 31 | on behalf of the organization, must provide all of the following |
| 32 | to the local government: |
| 33 | 1. No fewer than 14 calendar days prior to the proposed |
| 34 | solicitation, the name and address of the person or organization |
| 35 | that will perform the solicitation and the name and address of |
| 36 | the organization that will receive funds from the solicitation. |
| 37 | 2. For review and comment, a plan for the safety of all |
| 38 | persons participating in the solicitation, as well as the |
| 39 | motoring public, at the locations where the solicitation will |
| 40 | take place. |
| 41 | 3. Specific details of the location or locations of the |
| 42 | proposed solicitation and the hours during which the |
| 43 | solicitation activities will occur. |
| 44 | 4. Proof of commercial general liability insurance against |
| 45 | claims for bodily injury and property damage occurring on |
| 46 | streets, roads, or rights-of-way or arising from the solicitor's |
| 47 | activities or use of the streets, roads, or rights-of-way by the |
| 48 | solicitor or the solicitor's agents, contractors, or employees. |
| 49 | The insurance shall have a limit of not less than $1 million per |
| 50 | occurrence for the general aggregate. The certificate of |
| 51 | insurance shall name the local government as an additional |
| 52 | insured and shall be filed with the local government no later |
| 53 | than 72 hours before the date of the solicitation. |
| 54 | 5. Proof of registration with the Department of |
| 55 | Agriculture and Consumer Services pursuant to s. 496.405 or |
| 56 | proof that the soliciting organization is exempt from the |
| 57 | registration requirement. |
| 58 | (b) Organizations or persons meeting the requirements of |
| 59 | subparagraphs (a)1.-5. may solicit for a period not to exceed 10 |
| 60 | cumulative days within 1 calendar year. |
| 61 | (c) All solicitation shall occur during daylight hours |
| 62 | only. |
| 63 | (d) Solicitation activities shall not interfere with the |
| 64 | safe and efficient movement of traffic and shall not cause |
| 65 | danger to the participants or the public. |
| 66 | (e) No person engaging in solicitation activities shall |
| 67 | persist after solicitation has been denied, act in a demanding |
| 68 | or harassing manner, or use any sound or voice-amplifying |
| 69 | apparatus or device. |
| 70 | (f) All persons participating in the solicitation shall be |
| 71 | at least 18 years of age and shall possess picture |
| 72 | identification. |
| 73 | (g) Signage providing notice of the solicitation shall be |
| 74 | posted at least 500 feet before the site of the solicitation. |
| 75 | (h) The local government may stop solicitation activities |
| 76 | if any conditions or requirements of this subsection are not |
| 77 | met. |
| 78 | Section 3. This act shall take effect July 1, 2007. |