HB 0139CS

CHAMBER ACTION




1The Committee on Business Regulation recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to public lodging establishments;
7providing a popular name; creating s. 509.144, F.S.;
8providing definitions; prohibiting the distribution, and
9the direction of such distribution, of handbills in a
10public lodging establishment in certain circumstances;
11providing penalties; providing requirements for posting a
12sign that prohibits advertising or solicitation; providing
13an effective date.
14
15     WHEREAS, the Legislature recognizes that a private property
16owner has the right to control activity upon such private
17property and should be able to exercise this right, and
18     WHEREAS, public lodging establishments are narrowly defined
19in chapter 509, Florida Statutes, and are privately owned either
20by individuals or corporations and are open to be patronized by
21the public for the primary purpose of lodging, and
22     WHEREAS, persons who are not patrons of a public lodging
23establishment and have no legitimate business with the public
24lodging establishment may be lawfully prohibited from such
25private property, and
26     WHEREAS, persons who enter private property that is a
27public lodging establishment, who have not been provided
28permission to be on the property either expressly or implicitly
29by being a patron or having business with the public lodging
30establishment, pose a security risk to the patrons and
31management of the public lodging establishment, and
32     WHEREAS, the existing law against trespass poses
33enforcement problems for law enforcement agencies and does not
34adequately address the problems associated with unauthorized
35distribution of handbills at public lodging establishments, and
36     WHEREAS, public lodging establishments in Florida play an
37important role in the tourism industry of the state, and the
38continued health of the tourism industry depends on the safety
39and security of visitors, NOW, THEREFORE,
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  This act shall be known by the popular name the
44"Tourist Safety Act of 2004."
45     Section 2.  Section 509.144, Florida Statutes, is created
46to read:
47     509.144  Prohibited handbill distribution in a public
48lodging establishment; penalties.--
49     (1)  As used in this section, the term:
50     (a)  "Handbill" means a flier, leaflet, pamphlet, or other
51written material that advertises, promotes, or informs persons
52about an individual, business, company, or food service
53establishment, but shall not include employee communications
54permissible under the National Labor Relations Act.
55     (b)  "Without permission" means without the expressed
56written or oral permission of the owner, manager, or agent of
57the owner or manager of the public lodging establishment where a
58sign is posted prohibiting advertising or solicitation in the
59manner provided in subsection (4).
60     (2)  Any individual, agent, contractor, or volunteer who is
61acting on behalf of an individual, business, company, or food
62service establishment and who, without permission, delivers,
63distributes, or places, or attempts to deliver, distribute, or
64place, a handbill at or in a public lodging establishment
65commits a misdemeanor of the first degree, punishable as
66provided in s. 775.082 or s. 775.083.
67     (3)  Any person who, without permission, directs another
68person to deliver, distribute, or place, or attempt to deliver,
69distribute, or place, a handbill at or in a public lodging
70establishment commits a misdemeanor of the first degree,
71punishable as provided in s. 775.082 or s. 775.083. Any person
72sentenced under this subsection shall be ordered to pay a
73minimum fine of $500 in addition to any other penalty imposed by
74the court.
75     (4)  For purposes of this section, a public lodging
76establishment that intends to prohibit advertising or
77solicitation, as described in this section, at or in such
78establishment must comply with the following requirements when
79posting a sign prohibiting such solicitation or advertising:
80     (a)  There must appear prominently on any sign referred to
81in this subsection, in letters of not less than 2 inches in
82height, the terms "no advertising" or "no solicitation" or terms
83that indicate the same meaning.
84     (b)  The sign must be posted conspicuously.
85     (c)  If the main office of the public lodging establishment
86is immediately accessible by entering the office through a door
87from a street, parking lot, grounds, or other area outside such
88establishment, the sign must be placed on a part of the main
89office, such as a door or window, and the sign must face the
90street, parking lot, grounds, or other area outside such
91establishment.
92     (d)  If the main office of the public lodging establishment
93is not immediately accessible by entering the office through a
94door from a street, parking lot, grounds, or other area outside
95such establishment, the sign must be placed in the immediate
96vicinity of the main entrance to such establishment, and the
97sign must face the street, parking lot, grounds, or other area
98outside such establishment.
99     Section 3.  This act shall take effect July 1, 2004.


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