Sec. 191.119. - Cost waivers authorized to avoid unreasonable burdens upon protected first amendment expression; alternative venues for events.

(a) Except for special events where alcoholic beverages are provided or sold, pursuant to Section 154.107 , Ordinance Code, the Chief is authorized to reduce or waive the insurance and faithful performance bond requirements and the cost requirements for police and emergency medical personnel, and sanitary facilities, set up, maintenance and clean up of this Chapter for a special event if the Chief, upon consultation with the General Counsel and the Risk Manager or their designees, determines that the event is exclusively or primarily for speech or other expressive activity protected by the First Amendment to the United States Constitution, and that the foregoing requirements are unreasonably burdensome or cannot be met due to insolvency or indigency as set forth below. (b) The applicants, promoters or sponsors shall file an affidavit stating that it is made under oath and under penalty of perjury and that they believe the special event's purpose is exclusively or primarily for such First Amendment speech or expression purposes, and that they have determined that the cost of obtaining the required insurance and faithful performance bond, or the cost of the deposit or the bond for police, fire, emergency medical protection, and sanitary facilities, set up, maintenance and clean up costs, is so financially burdensome that it would constitute an unreasonable restriction on the right of First Amendment expression, or that it has been or would be impossible due to the insolvency or indigency of the applicants, promoters or sponsors to obtain the required coverage or guarantee or to stage the special event. (c) (1) In the event of a claim of insolvency or indigency, the applicants, promoters or sponsors shall complete as part of the affidavit, a listing on a monthly basis of the information about their income, assets, expenses and liabilities contained in a form to be developed by the Chief in consultation with the Office of General Counsel and to be made available to the applicants, promoters or sponsors. Such affidavit shall also include the name and address of at least two State of Florida licensed insurance agents or sureties, or other state's licensed sureties or sources of insurance contacted to determine premium rates for coverage or guarantee. Notwithstanding any waiver or reduction authorized by this Section, the applicant, promoter or sponsor of the special event shall be required by contract to defend, indemnify and hold harmless the City from any claim or liability occasioned by the special event in accordance with Section 191.105 . Upon receipt of the affidavit, the Chief shall conduct an examination as expeditiously as possible, but in any event within 30 days, as to the income, assets, expenses, and liabilities listed to the extent practicable from information available as part of the public record to determine if any discrepancies exist. If any discrepancies are found, the applicants, promoters or sponsors shall be so notified within ten business days after the conclusion of the investigation and shall be given an additional ten business days to explain or correct any incorrect information discovered. If the discrepancies are due to inaccurate or incomplete information provided to the Chief in the affidavit, the request for a waiver of costs and bond requirements due to indigency or insolvency shall be denied, in which event all costs and bonds required by this Chapter shall be paid and posted, or the event shall not be permitted to proceed. (2) Approvals of waivers shall be granted by the Chief within five business days after completion of the financial investigation, unless a discrepancy has been discovered. A waiver may be denied if the Chief determines that (a) inaccurate or incomplete information was provided; (b) there is no undue burden on First Amendment rights; or (c) there is no demonstrated insolvency or indigency. The Chief shall provide the applicant with written reasons for any denial within five business days after completion of the investigation. The denial may be appealed within five business days after denial, to a committee composed of the Chief Operating Officer, the Director of the Public Works Department, and the General Counsel, or their designees, for a final decision by majority vote based upon the documents and circumstances presented. The decision on the appeal shall be rendered within five business days of receiving the appeal. If the Chief's decision is sustained, the denial shall stand. If the Chief's decision is overturned, the waiver shall be deemed granted. (d) For purposes of this Section, an applicant, promoter or sponsor shall be considered insolvent or indigent if the monthly expenses and liabilities disclosed by the affidavit exceed the monthly income and the equity available in any owned assets. For purposes of this Section, compliance with the costs and bonds requirements of this Chapter shall be deemed unduly burdensome and unreasonably restrictive of First Amendment rights of expression if such compliance would impose a severe hardship financially which could foreseeably cause insolvency or indigency to occur within 90 days after compliance. (e) In any case where an applicant, promoter, or sponsor cost or bond waiver is granted, the costs and expenses waived shall be paid and absorbed by the Special Events Division of the City, and the special event shall be allowed to proceed as requested if the other requirements of this Chapter are timely met. (f) With respect to events that are exclusively or primarily for protected First Amendment expressive activity, a particular venue need not be made available if there are scheduling conflicts or if the City's unreimbursed costs to make the venue requested available will exceed the budgeted funds available within the respective City department for the services to be required at the venue in light of the anticipated attendance. In such situation, the City will make available an alternate venue at which the expressive activity can be conducted. (Ord. 2004-814-E, § 2) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.