Senate Bill sb2438

    Florida Senate - 2003                                  SB 2438

    By Senator Cowin





    20-1866A-03                                        See HB 1469

  1                      A bill to be entitled

  2         An act relating to public lodging and food

  3         service establishments; amending s. 509.013,

  4         F.S.; defining the term "handbill"; creating s.

  5         509.144, F.S.; prohibiting the distribution of

  6         handbills on the premises of public lodging or

  7         food service establishments; providing

  8         penalties; providing an exception; providing an

  9         effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Subsection (13) is added to section

14  509.013, Florida Statutes, to read:

15         509.013  Definitions.--As used in this chapter, the

16  term:

17         (13)  "Handbill" means any flier, pamphlet, or other

18  written material that seeks to advertise, promote, or inform

19  persons about an individual, business, company, or food

20  service establishment.

21         Section 2.  Section 509.144, Florida Statutes, is

22  created to read:

23         509.144  Handbill distribution on premises of public

24  lodging or food service establishments prohibited.--

25         (1)  It is unlawful for any individual, agent,

26  contractor, or volunteer who is acting on behalf of any

27  individual, business, company, or food service establishment

28  to deliver, distribute, or place, or attempt to deliver,

29  distribute, or place, any handbill on or about the premises,

30  including on any vehicle on the premises, of any public

31  lodging or food service establishment whereupon it is posted

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2438
    20-1866A-03                                        See HB 1469




 1  in a reasonably conspicuous manner that advertising or

 2  solicitation is prohibited on or about the premises of the

 3  public lodging or food service establishment.

 4         (2)  It is unlawful for any person to direct any

 5  individual, agent, contractor, or volunteer to deliver,

 6  distribute, or place, or attempt to deliver, distribute, or

 7  place, a handbill on or about the premises, including on any

 8  vehicle on the premises, of any public lodging or food service

 9  establishment whereupon it is posted in a reasonably

10  conspicuous manner that advertising or solicitation is

11  prohibited on or about the premises of the public lodging or

12  food service establishment.

13         (3)  Any person who violates this section commits a

14  misdemeanor of the first degree, punishable as provided in s.

15  775.082 or s. 775.083.

16         (4)  Any person who violates this section and who also

17  commits a battery, as defined under s. 784.03(1)(a), on any

18  person who is on the premises of the public lodging or food

19  service establishment while in violation of this section,

20  commits a felony of the third degree, punishable as provided

21  in s. 775.082, s. 775.083, or s. 775.084.

22  

23  This section does not apply to handbill distribution that is

24  conducted on a premises that is actually owned or operated by

25  the individual, business, company, or food service

26  establishment that is the subject of the advertisement,

27  promotion, or information on the handbill or if specific

28  permission is given to an individual or group by the owner,

29  operator, or manager of the premises.

30         Section 3.  This act shall take effect October 1, 2003.

31  

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CODING: Words stricken are deletions; words underlined are additions.