| 1 | A bill to be entitled |
| 2 | An act relating to public lodging establishments; |
| 3 | providing a popular name; creating s. 509.144, F.S.; |
| 4 | providing definitions; prohibiting the distribution, and |
| 5 | the direction of such distribution, of handbills in a |
| 6 | public lodging establishment in certain circumstances; |
| 7 | providing penalties; providing requirements for posting a |
| 8 | sign that prohibits advertising or solicitation; providing |
| 9 | an effective date. |
| 10 |
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| 11 | WHEREAS, the Legislature recognizes that a private property |
| 12 | owner has the right to control activity upon such private |
| 13 | property and should be able to exercise this right, and |
| 14 | WHEREAS, public lodging establishments are narrowly defined |
| 15 | in chapter 509, Florida Statutes, and are privately owned either |
| 16 | by individuals or corporations and are open to be patronized by |
| 17 | the public for the primary purpose of lodging, and |
| 18 | WHEREAS, persons who are not patrons of a public lodging |
| 19 | establishment and have no legitimate business with the public |
| 20 | lodging establishment may be lawfully prohibited from such |
| 21 | private property, and |
| 22 | WHEREAS, persons who enter private property that is a |
| 23 | public lodging establishment, who have not been provided |
| 24 | permission to be on the property either expressly or implicitly |
| 25 | by being a patron or having business with the public lodging |
| 26 | establishment, pose a security risk to the patrons and |
| 27 | management of the public lodging 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 | distribution of handbills at public lodging establishments, and |
| 32 | WHEREAS, public lodging establishments in Florida play an |
| 33 | important role in the tourism industry of the state, and the |
| 34 | continued health of the tourism industry depends on the safety |
| 35 | and security of visitors, NOW, THEREFORE, |
| 36 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. This act may be cited as the "Tourist Safety |
| 40 | Act of 2005." |
| 41 | Section 2. Section 509.144, Florida Statutes, is created |
| 42 | to read: |
| 43 | 509.144 Prohibited handbill distribution in a public |
| 44 | lodging establishment; penalties.-- |
| 45 | (1) As used in this section, the term: |
| 46 | (a) "Handbill" means a flier, leaflet, pamphlet, or other |
| 47 | written material that advertises, promotes, or informs persons |
| 48 | about an individual, business, company, or food service |
| 49 | establishment, but shall not include employee communications |
| 50 | permissible under the National Labor Relations Act. |
| 51 | (b) "Without permission" means without the expressed |
| 52 | written or oral permission of the owner, manager, or agent of |
| 53 | the owner or manager of the public lodging establishment where a |
| 54 | sign is posted prohibiting advertising or solicitation in the |
| 55 | manner provided in subsection (4). |
| 56 | (2) Any individual, agent, contractor, or volunteer who is |
| 57 | acting on behalf of an individual, business, company, or food |
| 58 | service establishment and who, without permission, delivers, |
| 59 | distributes, or places, or attempts to deliver, distribute, or |
| 60 | place, a handbill at or in a public lodging establishment |
| 61 | commits a misdemeanor of the first degree, punishable as |
| 62 | provided in s. 775.082 or s. 775.083. |
| 63 | (3) Any person who, without permission, directs another |
| 64 | person to deliver, distribute, or place, or attempts to deliver, |
| 65 | distribute, or place, a handbill at or in a public lodging |
| 66 | establishment commits a misdemeanor of the first degree, |
| 67 | punishable as provided in s. 775.082 or s. 775.083. Any person |
| 68 | sentenced under this subsection shall be ordered to pay a |
| 69 | minimum fine of $500 in addition to any other penalty imposed by |
| 70 | the court. |
| 71 | (4) For purposes of this section, a public lodging |
| 72 | establishment that intends to prohibit advertising or |
| 73 | solicitation, as described in this section, at or in such |
| 74 | establishment must comply with the following requirements when |
| 75 | posting a sign prohibiting such solicitation or advertising: |
| 76 | (a) There must appear prominently on any sign referred to |
| 77 | in this subsection, in letters of not less than 2 inches in |
| 78 | height, the terms "no advertising" or "no solicitation" or terms |
| 79 | that indicate the same meaning. |
| 80 | (b) The sign must be posted conspicuously. |
| 81 | (c) If the main office of the public lodging establishment |
| 82 | is immediately accessible by entering the office through a door |
| 83 | from a street, parking lot, grounds, or other area outside such |
| 84 | establishment, the sign must be placed on a part of the main |
| 85 | office, such as a door or window, and the sign must face the |
| 86 | street, parking lot, grounds, or other area outside such |
| 87 | establishment. |
| 88 | (d) If the main office of the public lodging establishment |
| 89 | is not immediately accessible by entering the office through a |
| 90 | door from a street, parking lot, grounds, or other area outside |
| 91 | such establishment, the sign must be placed in the immediate |
| 92 | vicinity of the main entrance to such establishment, and the |
| 93 | sign must face the street, parking lot, grounds, or other area |
| 94 | outside such establishment. |
| 95 | Section 3. This act shall take effect July 1, 2005. |