21. COUNCIL ACTION RE: A request by the Florida Cannabis Action Network, Inc. for waiver of insurance requirements for the “Our Voice Street Festival,” September 8, 2001.

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From the agenda report: This is a request from Jodi James, Florida Cannabis Action Network, Inc., for waiver of the city’s liability insurance requirements for an event held on a public street. Ms. James has applied for a special activity permit and permission to barricade a one block portion of New Haven Avenue, between Waverly Place and Livingston Street.

The Florida Cannabis Action Network recently set up an office at 703 E. New Haven Avenue.

The special activity permitting procedures provide that an applicant for an event held on a public right-of-way must provide a general liability insurance policy in the amount of $1,000,000 with the city named as additional insured. The requirement for the policy and the amount were established a number of years ago by the Risk Management Division.

The provision of liability insurance is considered an important part of the permitting process. It offers protection for the city as well as the event participants. For example, the city recently received a claim from a person injured at the July 13 Downtown Melbourne Association Friday Fest event. The DMA provides liability insurance as a condition of the permit and the claim has been forwarded to their insurance carrier.

Kevin Aplin, 2613 Larry Court, President, Florida Cannabis Action Network, explained that they have conducted dozens of similar events throughout the Southeast and have never been required by any city to pay for insurance. He noted that many jurisdictions have regulations in place; however, waivers are made for groups that are indigent. Mr. Aplin noted that he called several insurance companies and the lowest quote he received was $400.

He stated that is a burden to a small organization. He asked Council to consider waiver of the requirement.

Continuing, he noted that they have litigated these issues in other cities. However, they are willing to sit down.

He added that they do not intend to sell alcohol at their event. The event is small and will not have a stage and electrical cords. They have worked with the owners of the Greenhouse Café for use of facilities in an effort to minimize the impact.

Mayor Buckley said Council has no basis to waive the liability insurance. Anything can happen during an event and the city has to be protected.

Mrs. Poole questioned the statement that their organization is indigent, yet they have litigated against other jurisdictions. Mr. Aplin replied that indigent does not mean that they have zero dollars.

Mrs. Wysor confirmed for Mr. Contreras that the applicant has submitted the required petition signed by a majority of the businesses/residents who will be affected by the road closure.

Mr. Contreras said we live in a litigious society; therefore, it would not be acceptable to waive the insurance requirements.

Mr. Aplin said some cities have companies that provide special rates.

Mr. Hill said staff would investigate. In the meantime, he

CITY OF MELBOURNE, FLORIDA MINUTES – REGULAR MEETING BEFORE CITY COUNCIL AUGUST 14, 2001 Page 19 of 24

recommended Mr. Aplin contact the Greenhouse Café to determine if insurance can be purchased through their carrier.

Moved by E. Palmer/Poole to not waive the requirement for liability insurance.

Mrs. Poole said that although alcohol is not part of the event, there are several places within the event area where alcohol can be obtained.

Mrs. Walker asked the purpose of the Florida Cannabis Action Network.

Mr. Aplin said the organization’s goal is to reform the country’s drug laws, promote voter registration, sponsor civics workshops, etc. They want young people to become more involved in the process.

Mr. Contreras asked how or why the organization is involved in lawsuits with other municipalities. Mr. Aplin said they become involved in a lawsuit when a city denies a permit or requires insurance or the payment for police services.

Mr. Contreras asked if it is their intention to sue. Mr. Aplin said no and added litigation is their last resort. They want to work things out. That is why he is taking the time to explain the event and ask for a waiver.

Mr. Hill stated that the requirement for the insurance was triggered by the street being barricaded. He added that if the event were being conducted in a park, a special activity permit would not be required.

A brief discussion continued.

The question was called. Motion carried unanimously.