Senate Bill sb0280
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 280
By Senator Cowin
20-226-04
1 A bill to be entitled
2 An act relating to public lodging
3 establishments; amending s. 509.013, F.S.;
4 defining the term "handbill"; creating s.
5 509.144, F.S.; prohibiting the distribution of
6 handbills on the premises of public lodging
7 establishments; providing penalties; providing
8 an effective date.
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10 WHEREAS, the Florida Legislature recognizes that a
11 private property owner has the right to control activity upon
12 such private property and should be able to exercise this
13 right, and
14 WHEREAS, the term "public lodging establishment" is
15 narrowly defined in chapter 509, Florida Statutes, to mean a
16 privately owned establishment that is open to the public for
17 the primary purpose of lodging, and
18 WHEREAS, persons who are not patrons of a public
19 lodging establishment and have no legitimate business with the
20 public lodging establishment may be lawfully prohibited from
21 such private property, and
22 WHEREAS, persons who enter private property that is a
23 public lodging establishment, who have not been given express
24 or implied permission to be on the property by being a patron
25 or having business with the lodging establishment, pose a
26 security risk to the patrons and management of the lodging
27 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
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 280
20-226-04
1 distribution of handbills at public lodging establishments,
2 and
3 WHEREAS, public lodging establishments in this state
4 are important to the tourism industry, and the continued
5 health of the tourism industry depends on the safety and
6 security of visitors, NOW, THEREFORE,
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Subsection (13) is added to section
11 509.013, Florida Statutes, to read:
12 509.013 Definitions.--As used in this chapter, the
13 term:
14 (13) "Handbill" means a flier, leaflet, pamphlet, or
15 other written material that advertises, promotes, or informs
16 persons about an individual, business, company, or food
17 service establishment.
18 Section 2. Section 509.144, Florida Statutes, is
19 created to read:
20 509.144 Handbill distribution on premises of public
21 lodging establishments prohibited.--
22 (1) It is unlawful for an individual, agent,
23 contractor, or volunteer who is acting on behalf of an
24 individual, business, company, or food service establishment
25 to deliver, distribute, or place, or attempt to deliver,
26 distribute, or place, a handbill on private property
27 controlled by a public lodging establishment without
28 permission and whereupon it is posted in a reasonably
29 conspicuous manner that advertising or solicitation is
30 prohibited on or about the premises.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 280
20-226-04
1 (2) It is unlawful for a person to direct another
2 person to deliver, distribute, or place, or attempt to
3 deliver, distribute, or place, a handbill on private property
4 controlled by a public lodging establishment without
5 permission and whereupon it is posted in a reasonably
6 conspicuous manner that advertising or solicitation is
7 prohibited on or about the premises.
8 (3) A person who violates this section commits a
9 misdemeanor of the first degree, punishable as provided in s.
10 775.082 or s. 775.083.
11 (4) A person who violates this section and who also
12 commits a battery, as defined under s. 784.03(1)(a), on any
13 person who is on the premises of a public lodging
14 establishment while in violation of this section commits a
15 felony of the third degree, punishable as provided in s.
16 775.082 or s. 775.083.
17 Section 3. This act shall take effect July 1, 2004.
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20 SENATE SUMMARY
21 Prohibits the distribution of handbills on the premises
of public lodging establishments. Provides penalties.
22 (See bill for details.)
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CODING: Words stricken are deletions; words underlined are additions.