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