Senate Bill sb0280c1

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    Florida Senate - 2004                            CS for SB 280

    By the Committee on Criminal Justice; and Senators Cowin and
    Webster




    307-2236-04

  1                      A bill to be entitled

  2         An act relating to public lodging

  3         establishments; creating s. 509.144, F.S.;

  4         defining terms; prohibiting the distribution of

  5         handbills in a public lodging establishment

  6         under certain circumstances; providing criminal

  7         penalties; providing requirements for posting a

  8         sign that prohibits advertising or

  9         solicitation; providing an effective date.

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

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13         Section 1.  Section 509.144, Florida Statutes, is

14  created to read:

15         509.144  Prohibited handbill distribution in a public

16  lodging establishment; penalties.--

17         (1)  As used in this section, the term:

18         (a)  "Handbill" means a flier, leaflet, pamphlet, or

19  other written material that advertises, promotes, or informs

20  persons about an individual, business, company, or food

21  service establishment, but shall not include employee

22  communications permissible under the National Labor Relations

23  Act.

24         (b)  "Without permission" means without the expressed

25  permission of the owner, manager, or agent of the owner or

26  manager of the public lodging establishment or the posting of

27  a sign that prohibits advertising or solicitation in the

28  manner provided in subsection (4).

29         (2)  An individual, agent, contractor, or volunteer who

30  is acting on behalf of an individual, business, company, or

31  food service establishment and who, without permission,

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    Florida Senate - 2004                            CS for SB 280
    307-2236-04




 1  delivers, distributes, or places, or attempts to deliver,

 2  distribute, or place, a handbill in a public lodging

 3  establishment commits a misdemeanor of the second degree,

 4  punishable as provided in s. 775.082 or s. 775.083.

 5         (3)  A person who, without permission, directs another

 6  person to deliver, distribute, or place, or attempt to

 7  deliver, distribute, or place, a handbill in a public lodging

 8  establishment commits a misdemeanor of the first degree,

 9  punishable as provided in s. 775.082 or s. 775.083.

10         (4)  For purposes of this section, a public lodging

11  establishment that intends to prohibit advertising or

12  solicitation as described in this section in the establishment

13  must comply with the following requirements:

14         (a)  The words "no advertising" or "no solicitation,"

15  or words that indicate the same meaning, must appear

16  prominently on any sign required by this subsection in letters

17  of not less than 2 inches in height.

18         (b)  The sign must be clearly noticeable.

19         (c)  If the main office of the public lodging

20  establishment is immediately accessible by entering the office

21  through a door from a street, parking lot, grounds, or other

22  area outside the establishment, the sign must be placed on a

23  part of the main office, such as a door or window, and the

24  sign must face the street, parking lot, grounds, or other area

25  outside the establishment.

26         (d)  If the main office of the public lodging

27  establishment is not immediately accessible by entering the

28  office through a door from a street, parking lot, grounds, or

29  other area outside the establishment, the sign must be placed

30  in the immediate vicinity of the main entrance to the

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    Florida Senate - 2004                            CS for SB 280
    307-2236-04




 1  establishment, and the sign must face the street, parking lot,

 2  grounds, or other area outside the establishment.

 3         Section 2.  This act shall take effect July 1, 2004.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 280

 7                                 

 8  -    Redefines the term "handbill."

 9  -    Defines the term "without permission."

10  -    Provides that an individual, agent, contractor, or
         volunteer who acting on behalf of an individual,
11       business, company, or food service establishment and who,
         without permission, delivers, distributes, or places a
12       handbill in a public lodging establishment, or attempts
         to do the same, commits a second degree misdemeanor.
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    -    Provides that a person who, without permission, directs
14       another person to commit those acts commits a first
         degree misdemeanor.
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    -    Sets forth requirements for the posting of a sign
16       prohibiting advertising or solicitation.

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