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A bill to be entitled |
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An act relating to public lodging establishments; |
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providing a popular name; amending s. 509.013, F.S.; |
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defining the term "handbill"; creating s. 509.144, F.S.; |
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prohibiting the distribution of handbills on the premises |
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of public lodging establishments; providing penalties; |
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providing for enhanced penalties and crime severities when |
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a battery occurs in the commission of the prohibition on |
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distribution of handbills; providing an effective date. |
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WHEREAS, the Legislature recognizes that a private property |
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owner has the right to control activity upon such private |
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property and should be able to exercise this right, and |
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WHEREAS, public lodging establishments are narrowly defined |
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in chapter 509, Florida Statutes, and are privately owned either |
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by individuals or corporations and are open to be patronized by |
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the public for the primary purpose of lodging, and |
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WHEREAS, persons who are not patrons of a public lodging |
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establishment and have no legitimate business with the public |
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lodging establishment may be lawfully prohibited from such |
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private property, and |
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WHEREAS, persons who enter private property that is a |
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public lodging establishment, who have not been provided |
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permission to be on the property either expressly or implicitly |
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by being a patron or having business with the lodging |
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establishment, pose a security risk to the patrons and |
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management of the lodging establishment, and |
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WHEREAS, the existing law against trespass poses |
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enforcement problems for law enforcement agencies and does not |
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adequately address the problems associated with unauthorized |
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distribution of handbills at public lodging establishments, and |
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WHEREAS, public lodging establishments in Florida play an |
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important role in the tourism industry of the state of Florida, |
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and the continued health of the tourism industry depends on the |
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safety and security of visitors, NOW THEREFORE, |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. This act shall be known by the popular name the |
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"Tourist Safety Act of 2004." |
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Section 2. Subsection (13) is added to section 509.013, |
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Florida Statutes, to read: |
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509.013 Definitions.--As used in this chapter, the term: |
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(13) "Handbill" means any flier, leaflet, pamphlet, or |
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other written material that seeks to advertise, promote, or |
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inform persons about an individual, business, company, or food |
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service establishment.
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Section 3. Section 509.144, Florida Statutes, is created |
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to read:
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509.144 Handbill distribution on premises of public |
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lodging establishments prohibited.-- |
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(1) It is unlawful for any individual, agent, contractor, |
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or volunteer who is acting on behalf of any individual, |
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business, company, or food service establishment to deliver, |
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distribute, or place, or attempt to deliver, distribute, or |
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place, any handbill on private property controlled by any public |
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lodging establishment without permission and whereupon it is |
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posted in a reasonably conspicuous manner that advertising or |
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solicitation is prohibited on private property controlled by any |
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public lodging establishment.
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(2) It is unlawful for any person to direct any |
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individual, employee, agent, contractor, or volunteer to |
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deliver, distribute, or place, or attempt to deliver, |
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distribute, or place, a handbill on private property controlled |
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by any public lodging establishment without permission and |
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whereupon it is posted in a reasonably conspicuous manner that |
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advertising or solicitation is prohibited on private property |
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controlled by any public lodging establishment.
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(3) Any person who violates this section commits a |
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misdemeanor of the first degree, punishable as provided in s. |
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775.082 or s. 775.083.
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(4) Any person who violates subsection (1) and who also |
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commits a battery, as defined under s. 784.03(1)(a), on any |
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person who is on the premises of any public lodging |
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establishment while in violation of this section, commits a |
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felony of the third degree, punishable as provided in s. 775.082 |
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or s. 775.083.
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(5) Any person who violates subsection (2), if the |
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directed individual, employee, agent, contractor, or volunteer |
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also commits a battery, as defined under s. 784.03 (1)(a), on |
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any person who is on the premises of any public lodging |
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establishment while in violation of subsections (1) or (2), |
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commits a felony of the third degree, punishable as provided in |
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s. 775.082 or s. 775.083.
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Section 4. This act shall take effect July 1, 2004. |