HB 0139 2004
   
1 A bill to be entitled
2          An act relating to public lodging establishments;
3    providing a popular name; amending s. 509.013, F.S.;
4    defining the term "handbill"; creating s. 509.144, F.S.;
5    prohibiting the distribution of handbills on the premises
6    of public lodging establishments; providing penalties;
7    providing for enhanced penalties and crime severities when
8    a battery occurs in the commission of the prohibition on
9    distribution of handbills; providing an effective date.
10         
11          WHEREAS, the Legislature recognizes that a private property
12    owner has the right to control activity upon such private
13    property and should be able to exercise this right, and
14          WHEREAS, public lodging establishments are narrowly defined
15    in chapter 509, Florida Statutes, and are privately owned either
16    by individuals or corporations and are open to be patronized by
17    the public for the primary purpose of lodging, and
18          WHEREAS, persons who are not patrons of a public lodging
19    establishment and have no legitimate business with the public
20    lodging establishment may be lawfully prohibited from such
21    private property, and
22          WHEREAS, persons who enter private property that is a
23    public lodging establishment, who have not been provided
24    permission to be on the property either expressly or implicitly
25    by being a patron or having business with the lodging
26    establishment, pose a security risk to the patrons and
27    management of the lodging establishment, and
28          WHEREAS, the existing law against trespass poses
29    enforcement problems for law enforcement agencies and does not
30    adequately address the problems associated with unauthorized
31    distribution of handbills at public lodging establishments, and
32          WHEREAS, public lodging establishments in Florida play an
33    important role in the tourism industry of the state of Florida,
34    and the continued health of the tourism industry depends on the
35    safety and security of visitors, NOW THEREFORE,
36         
37          Be It Enacted by the Legislature of the State of Florida:
38         
39          Section 1. This act shall be known by the popular name the
40    "Tourist Safety Act of 2004."
41          Section 2. Subsection (13) is added to section 509.013,
42    Florida Statutes, to read:
43          509.013 Definitions.--As used in this chapter, the term:
44          (13) "Handbill" means any flier, leaflet, pamphlet, or
45    other written material that seeks to advertise, promote, or
46    inform persons about an individual, business, company, or food
47    service establishment.
48          Section 3. Section 509.144, Florida Statutes, is created
49    to read:
50          509.144 Handbill distribution on premises of public
51    lodging establishments prohibited.--
52          (1) It is unlawful for any individual, agent, contractor,
53    or volunteer who is acting on behalf of any individual,
54    business, company, or food service establishment to deliver,
55    distribute, or place, or attempt to deliver, distribute, or
56    place, any handbill on private property controlled by any public
57    lodging establishment without permission and whereupon it is
58    posted in a reasonably conspicuous manner that advertising or
59    solicitation is prohibited on private property controlled by any
60    public lodging establishment.
61          (2) It is unlawful for any person to direct any
62    individual, employee, agent, contractor, or volunteer to
63    deliver, distribute, or place, or attempt to deliver,
64    distribute, or place, a handbill on private property controlled
65    by any public lodging establishment without permission and
66    whereupon it is posted in a reasonably conspicuous manner that
67    advertising or solicitation is prohibited on private property
68    controlled by any public lodging establishment.
69          (3) Any person who violates this section commits a
70    misdemeanor of the first degree, punishable as provided in s.
71    775.082 or s. 775.083.
72          (4) Any person who violates subsection (1) and who also
73    commits a battery, as defined under s. 784.03(1)(a), on any
74    person who is on the premises of any public lodging
75    establishment while in violation of this section, commits a
76    felony of the third degree, punishable as provided in s. 775.082
77    or s. 775.083.
78          (5) Any person who violates subsection (2), if the
79    directed individual, employee, agent, contractor, or volunteer
80    also commits a battery, as defined under s. 784.03 (1)(a), on
81    any person who is on the premises of any public lodging
82    establishment while in violation of subsections (1) or (2),
83    commits a felony of the third degree, punishable as provided in
84    s. 775.082 or s. 775.083.
85          Section 4. This act shall take effect July 1, 2004.