HB 1469 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Commerce recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to public lodging establishments; amending
12	s. 509.013, F.S.; defining the term "handbill"; creating
13	s. 509.144, F.S.; prohibiting the distribution of
14	handbills on the premises of public lodging
15	establishments; providing penalties; providing an
16	effective date.
17
18	WHEREAS, the Florida Legislature recognizes that a private
19	property owner has the right to control activity upon such
20	private property and should be able to exercise this right, and
21	WHEREAS, "public lodging establishments" are narrowly
22	defined in chapter 509, Florida Statutes, and are privately
23	owned either by individuals or corporations and are open to be
24	patronized by the public for the primary purpose of lodging, and
25	WHEREAS, persons who are not patrons of a public lodging
26	establishment and have no legitimate business with the public
27	lodging establishment may be lawfully prohibited from such
28	private property, and
29	WHEREAS, persons who enter private property that is a
30	public lodging establishment, who have not been provided
31	permission to be on the property either expressly or implicitly
32	by being a patron or having business with the lodging
33	establishment, pose a security risk to the patrons and
34	management of the lodging establishment, and
35	WHEREAS, the existing law against trespass poses
36	enforcement problems for law enforcement agencies and does not
37	adequately address the problems associated with unauthorized
38	distribution of handbills at public lodging establishments, and
39	WHEREAS, public lodging establishments in Florida play an
40	important role in the tourism industry of the state of Florida,
41	and the continued health of the tourism industry depends on the
42	safety and security of visitors, NOW THEREFORE,
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1. Subsection (13) is added to section 509.013,
47	Florida Statutes, to read:
48	509.013 Definitions.--As used in this chapter, the term:
49	(13) "Handbill" means any flier, leaflet, pamphlet, or
50	other written material that seeks to advertise, promote, or
51	inform persons about an individual, business, company, or food
52	service establishment.
53	Section 2. Section 509.144, Florida Statutes, is created
54	to read:
55	509.144 Handbill distribution on premises of public
56	lodging or food service establishments prohibited.--
57	(1) It is unlawful for any individual, agent, contractor,
58	or volunteer who is acting on behalf of any individual,
59	business, company, or food service establishment to deliver,
60	distribute, or place, or attempt to deliver, distribute, or
61	place, any handbill on private property controlled by any public
62	lodging establishment without permission and whereupon it is
63	posted in a reasonably conspicuous manner that advertising or
64	solicitation is prohibited on private property controlled by any
65	public lodging establishment.
66	(2) It is unlawful for any person to direct any
67	individual, agent, contractor, or volunteer to deliver,
68	distribute, or place, or attempt to deliver, distribute, or
69	place, a handbill on private property controlled by any public
70	lodging establishment without permission and whereupon it is
71	posted in a reasonably conspicuous manner that advertising or
72	solicitation is prohibited on private property controlled by any
73	public lodging establishment.
74	(3) Any person who violates this section commits a
75	misdemeanor of the first degree, punishable as provided in s.
76	775.082 or s. 775.083.
77	(4) Any person who violates this section and who also
78	commits a battery, as defined under s. 784.03(1)(a), on any
79	person who is on the premises of the public lodging
80	establishment while in violation of this section, commits a
81	felony of the third degree, punishable as provided in s. 775.082
82	or s. 775.083.
83	Section 3. This act shall take effect July 1, 2003.