Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1180
       
       
       
       
       
       
                                Barcode 785450                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2011           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Budget (Bogdanoff) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 1939 - 1986
    4  and insert:
    5         driveway or designated parking area has the potential to
    6  endanger the safe movement of vehicles.
    7         (2) DEFINITIONS.—As used in this section, the term
    8  “solicit” means to request employment, business, contributions,
    9  donations, sales, or exchanges of any kind.
   10         (3) PERMIT REQUIRED.— Where a permit is required by a
   11  municipality or county, it is unlawful for any person, willfully
   12  and without a permit, to solicit or obstruct the free,
   13  convenient, and normal use of any public street, highway, or
   14  road by standing or approaching motor vehicles while on or
   15  immediately adjacent to the street, highway, or road in a manner
   16  that could endanger the safe movement of vehicles or pedestrians
   17  traveling thereon.
   18         (a) Each county and municipality shall adopt a permitting
   19  process that protects public safety but does not impair the
   20  rights of free speech, except to the extent necessary to protect
   21  public safety. The permitting process must authorize or deny a
   22  permit within 2 business days. A permit application denial by a
   23  county or municipality shall be in writing and be based on a
   24  finding that the proposed activity:
   25         1. Increases the likelihood of traffic accidents;
   26         2. Violates traffic laws, rules, or ordinances;
   27         3. Makes the sidewalk impassable for pedestrians; or
   28         4. Significantly increases the likelihood of harm to
   29  motorists and passersby.
   30         (b) If the county or municipality approves the permit, it
   31  must issue to the applicant a document specifying:
   32         1. The name and address of the person or entity to whom the
   33  permit is granted;
   34         2. The name of the company the person represents, if any;
   35  and
   36         3. The expiration date of the permit.
   37         (c) The permitholder must keep the permit on his or her
   38  person at all times when engaging in activity authorized by the
   39  permit.
   40         (d) The cost of the permit may not exceed an amount that is
   41  reasonably necessary to administer the permitting process.
   42  However, a permit may not be denied to any applicant for lack of
   43  financial means, as attested to by a signed affidavit.
   44         (4) LOCAL GOVERNMENT JURISDICTION.—For purposes of this
   45  section, counties and municipalities have original jurisdiction
   46  over non-limited access state roads, and local roads, streets,
   47  and highways within their physical jurisdiction. Counties and
   48  municipalities may increase the restrictions of the permit
   49  program if those restrictions are narrowly tailored to serve an
   50  important public purpose. A county or municipality may opt out
   51  of the permit program by a majority vote of the members of the
   52  county or municipal governing body. This section does not
   53  preempt any existing ordinances, such as any ordinance requiring
   54  a peddler's license or similar type of authorization.
   55