§ 10-42. Indemnification and insurance.  


Latest version.
  • (a)

    The operator or provider of any rides, games or device subject to the regulation of F.S. ch. 616, shall be required to provide a copy of the certificate of insurance with the special event application if held on public property or within public rights of way. A certificate of insurance is not required when the special event is held exclusively on private property. The applicant or operator shall not operate or authorize the operation of an amusement device or amusement attraction unless at the time of operation there is in existence:

    (1)

    A current insurance policy in an amount of not less than $1,000,000.00 per occurrence insuring the owner or lessee against liability for injury to persons arising out of the use of the amusement device or amusement attraction; or

    (2)

    A bond in a like amount; however, the aggregate liability of the surety under the bond may not exceed the face amount thereof.

    (b)

    The applicant shall provide a certificate of insurance evidencing that the sponsor has obtained a policy of general liability insurance covering all products and operations associated with the event for this article if held on public property or within public rights of way. A certificate of insurance is not required when the special event is held exclusively on private property. Providers of fireworks displays, regardless if ignited/fired from public or private property, shall be required to provide a copy of the certificate of insurance. The certificate shall show bodily injury and property damage limits, in an amount no less than $1,000,000.00 per occurrence, combined single limit, except as stated in this article. The certificate shall show the county as an additional insured, in respect to the special event, and shall be issued by an insurance company authorized to do business in the state.

    (c)

    Applicants who intend to engage in public issue speech, exclusively on property traditionally utilized for the purpose of public issue speech, shall not be required to provide liability insurance unless the proposed activities or event(s) include any of the following high risk or commercial activities: athletic activities that involve physical contact, use of alcoholic beverages, sale of food items, or activities where amplified music is a primary function and a gathering of more than 200 people is expected. If required, the amounts of such insurance shall be identical to those stated in the immediately preceding paragraph. Under no circumstances shall the content of the proposed speech, nor the potential reaction of those listening to such speech, be a consideration with regard to the requirement and/or amount of liability insurance required. A certificate of insurance shall in no event be required when the public issue speech is held exclusively on private property.

(Ord. No. 2000-26, § 12, 4-25-00; Ord. No. 2012-27, § 1, 9-4-12)