HB 1469 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to public lodging establishments; amending
13	s. 509.013, F.S.; defining the term "handbill"; creating
14	s. 509.144, F.S.; prohibiting the distribution of
15	handbills on the premises of public lodging
16	establishments; providing penalties; providing an
17	effective date.
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19	WHEREAS, the Florida Legislature recognizes that a private
20	property owner has the right to control activity upon such
21	private property and should be able to exercise this right, and
22	WHEREAS, "public lodging establishments" are narrowly
23	defined in chapter 509, Florida Statutes, and are privately
24	owned either by individuals or corporations and are open to be
25	patronized by the public for the primary purpose of lodging, and
26	WHEREAS, persons who are not patrons of a public lodging
27	establishment and have no legitimate business with the public
28	lodging establishment may be lawfully prohibited from such
29	private property, and
30	WHEREAS, persons who enter private property that is a
31	public lodging establishment, who have not been provided
32	permission to be on the property either expressly or implicitly
33	by being a patron or having business with the lodging
34	establishment, pose a security risk to the patrons and
35	management of the lodging establishment, and
36	WHEREAS, the existing law against trespass poses
37	enforcement problems for law enforcement agencies and does not
38	adequately address the problems associated with unauthorized
39	distribution of handbills at public lodging establishments, and
40	WHEREAS, public lodging establishments in Florida play an
41	important role in the tourism industry of the state of Florida,
42	and the continued health of the tourism industry depends on the
43	safety and security of visitors, NOW THEREFORE,
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45	Be It Enacted by the Legislature of the State of Florida:
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47	Section 1. Subsection (13) is added to section 509.013,
48	Florida Statutes, to read:
49	509.013 Definitions.--As used in this chapter, the term:
50	(13) "Handbill" means any flier, leaflet, pamphlet, or
51	other written material that seeks to advertise, promote, or
52	inform persons about an individual, business, company, or food
53	service establishment.
54	Section 2. Section 509.144, Florida Statutes, is created
55	to read:
56	509.144 Handbill distribution on premises of public
57	lodging or food service establishments prohibited.--
58	(1) It is unlawful for any individual, agent, contractor,
59	or volunteer who is acting on behalf of any individual,
60	business, company, or food service establishment to deliver,
61	distribute, or place, or attempt to deliver, distribute, or
62	place, any handbill on private property controlled by any public
63	lodging establishment without permission and whereupon it is
64	posted in a reasonably conspicuous manner that advertising or
65	solicitation is prohibited on or about the premises of the
66	public lodging establishment.
67	(2) It is unlawful for any person to direct any
68	individual, agent, contractor, or volunteer to deliver,
69	distribute, or place, or attempt to deliver, distribute, or
70	place, a handbill on private property controlled by any public
71	lodging establishment without permission and whereupon it is
72	posted in a reasonably conspicuous manner that advertising or
73	solicitation is prohibited on or about the premises of the
74	public lodging establishment.
75	(3) Any person who violates this section commits a
76	misdemeanor of the first degree, punishable as provided in s.
77	775.082 or s. 775.083.
78	(4) Any person who violates this section and who also
79	commits a battery, as defined under s. 784.03(1)(a), on any
80	person who is on the premises of the public lodging
81	establishment while in violation of this section, commits a
82	felony of the third degree, punishable as provided in s. 775.082
83	or s. 775.083.
84	Section 3. This act shall take effect July 1, 2003.