VOLUSIA COUNTY, FLA., RESTRICTS OPC's

Source: Sandra Pedicini, The Orlando Sentinel

May 18, 1999
Timeshare solicitors (known as OPCs, or Off Premises Contacts) cannot approach beachgoers in parking areas or continue their sales pitches after someone tells them they're not interested under new rules the Volusia County Council approved Thursday. The council unanimously voted in favor of the new system that requires resorts and employees to pay for beach solicitors' licenses, which can be revoked if the rules are broken too often.

Timeshare resort officials unsuccessfully tried to persuade the county to allow them in parking areas, where many prospective customers relax on the sand near their cars.

"The parking area is generally, in most areas, where the people are," said Doug Daniels, an attorney representing some of the resorts.

The council made some concessions to the timeshare industry by allowing some flexibility in the penalties.

It eliminated rules that would have suspended the company's permit after an individual employee's suspension and another that would have immediately revoked the company's permit after six employee suspensions. Instead, the county beach director will decide whether to bar a company from soliciting after its employees rack up six suspensions. Resorts can appeal a revocation to a special board. That flexibility will keep a company from being punished for some minor infractions, such as a salesperson wandering into driving areas, Daniels said.

The ordinance also:

• Allows salespeople to work the beach from 8 a.m. to 7 p.m.;
• Bases the number of permits issued to a company on the number of unsold units; and
• Forbids salespeople from approaching visitors who are inside their cars.

The issue of whether to allow solicitors in parking areas was the most controversial.

Council members Big John and Frank Bruno wanted to allow the solicitors in the parking areas, saying salespeople shouldn't be punished for trying to go where the most potential customers are. The county has rules against loitering in the parking areas, but they are not well enforced.

If the county is going to punish solicitors for working in those areas, Daniels said, beach officers should force all beachgoers away from their cars once they park.

The county has been looking at the possibility of restricting timeshare solicitors for several months because of beachgoers' complaints about overly aggressive salespeople hounding them.

Council member Dwight Lewis said the resorts add to the quality of life by renovating older hotels and bringing in tourists, but there has to be a balance between allowing the businesses to thrive and protecting beach visitors from being harassed.

"We just want to work with you guys on doing a better job of making our community a better place to live," he said.