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