Fla. Admin. Code Ann. R. 14-28.005 - Solicitation Within Rest Areas and Welcome Centers
(1) Only
organizations registered with the Department of Agriculture and Consumer
Services, pursuant to chapter 496, F.S., and holding a valid consumer
certificate of exemption issued by the Department of Revenue may apply for a
permit to solicit funds within approved rest areas and welcome centers. The
organization must obtain a separate solicitation permit from each Department
District within the boundaries of the intended solicitation by submitting a
completed Permit for Solicitation at All Department Rest Areas or Welcome
Centers Within a District, Form 850-040-70, rev. 1/15, incorporated herein at
https://www.flrules.org/Gateway/reference.asp?No=Ref-09885,
and Indemnification Agreement, Form 850-040-72, 06/07, incorporated herein at
https://www.flrules.org/Gateway/reference.asp?No=Ref-09886,
to the appropriate District or Area Maintenance Office(s).
(2) At least three days and no more than
sixty days prior to undertaking any solicitation, a permitted organization
shall submit a Notification and Request for Facility Use on Form 850-040-71,
6/07, incorporated herein at
https://www.flrules.org/Gateway/reference.asp?No=Ref-09887.
Events shall be limited to once per month and will not exceed one
week.
(3) The Maintenance Engineer
or designee having jurisdiction over the facility will designate an area within
the premises for the permittee's use, and specify any other restrictions, such
as the number of persons and the hours permitted, according to the available
space, hours of operation, and security of the location.
(4) In the event more than one organization
wishes to solicit during the same period at the same site, the first complete
Notification and Request for Facility Use received by the Department will be
the first considered for approval.
(5) The permittee shall comply with the
provisions of section
496.425, F.S., and the
restrictions specified in the permit.
(6) All permittees shall also comply with the
following:
(a) Solicitation shall not be
conducted on any area paved for vehicular travel or within any area of
construction.
(b) Solicitation
shall not be conducted in or around any area reserved for a particular use,
such as a parking area, restroom facility, sidewalk, dining area, vending
machine area, stairwells, doors of public circulation, and foyers.
(c) No advertising of the organization will
be allowed on the roadway. Only one sign, no larger than 3'
x 5', displaying the organization's name and the permit
will be allowed in the designated area. The sign shall clearly contain the
following language: "Those soliciting are not employed or endorsed by the State
of Florida."
(d) No solicitor may
be under the age of 18 years.
(e)
Solicitors shall comply with all applicable laws and no organization or
solicitor may:
1. Knowingly solicit from
on-duty state employees, on duty employees of a state contractor, or employees
of authorized business on the premises.
2. Harass any person, including demanding,
threatening, or intimidating conduct, or persist after solicitation has been
declined.
3. Hamper or impede the
conduct of any authorized business.
4. Request a minimum contribution or specify
an amount of contribution.
5. Offer
or sell food or drink.
6. Obstruct,
delay, or interfere with or distract from the free movement of either
pedestrians or vehicular traffic, or
7. Create a safety or operation problem for
the Department, or a danger to the public health, safety, and
welfare.
(7)
The permittee shall maintain its registration pursuant to chapter 496, F.S.,
and the exemption by the Department of Revenue during the permit period, and
shall immediately inform the Department of any change in status. The permit
becomes invalid at the time the permittee is no longer a qualified entity under
section 496.425, F.S. The Department has
the authority to suspend or revoke a permit for any violation of this rule
chapter in accordance with section
496.425,
F.S.
Notes
Rulemaking Authority 334.044(2), 337.406, 496.425 FS. Law Implemented 334.044(13), (28), 335.02, 337.406, 496.425 FS.
New 10-25-89, Amended 7-6-93, 11-19-07, 12-5-18.
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