Senate Bill sb0280

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    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.

  9  

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

31  

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    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,

 7  

 8  Be It Enacted by the Legislature of the State of Florida:

 9  

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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    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.

18  

19            *****************************************

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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