Senate Bill sb0280c1
CODING: Words stricken are deletions; words underlined are additions.
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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CODING: Words stricken are deletions; words underlined are additions.
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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CODING: Words stricken are deletions; words underlined are additions.
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.
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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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