Senate Bill sb1454c1

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    Florida Senate - 2005                           CS for SB 1454

    By the Committee on Judiciary; and Senator Webster





    590-1799-05

  1                      A bill to be entitled

  2         An act relating to public lodging

  3         establishments; providing a popular name;

  4         creating s. 509.144, F.S.; providing

  5         definitions; prohibiting the distribution, and

  6         the direction of such distribution, of

  7         handbills in a public lodging establishment in

  8         certain circumstances; providing penalties;

  9         providing requirements for posting a sign that

10         prohibits advertising or solicitation;

11         providing an effective date.

12  

13         WHEREAS, the Legislature recognizes that a private

14  property owner has the right to control activity upon his or

15  her private property and should be able to exercise this

16  right, and

17         WHEREAS, public lodging establishments are narrowly

18  defined in chapter 509, Florida Statutes, and are privately

19  owned either by individuals or corporations and are open to be

20  patronized by the public for the primary purpose of lodging,

21  and

22         WHEREAS, persons who are not patrons of a public

23  lodging establishment and have no legitimate business with the

24  public lodging establishment may be lawfully prohibited from

25  such private property, and

26         WHEREAS, persons who enter private property that is a

27  public lodging establishment and who have not been provided

28  permission to be on the property either expressly or

29  implicitly by being a patron or having business with the

30  public lodging establishment pose a security risk to the

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    Florida Senate - 2005                           CS for SB 1454
    590-1799-05




 1  patrons and management of the public lodging establishment,

 2  and

 3         WHEREAS, the existing law against trespass poses

 4  enforcement problems for law enforcement agencies and does not

 5  adequately address the problems associated with unauthorized

 6  distribution of handbills at public lodging establishments,

 7  and

 8         WHEREAS, public lodging establishments in Florida play

 9  an important role in the tourism industry of the state, and

10  the continued health of the tourism industry depends on the

11  safety and security of visitors, NOW, THEREFORE,

12  

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

14  

15         Section 1.  This act may be cited as the "Tourist

16  Safety Act of 2005."

17         Section 2.  Section 509.144, Florida Statutes, is

18  created to read:

19         509.144  Prohibited handbill distribution in a public

20  lodging establishment; penalties.--

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

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

23  other written material that advertises, promotes, or informs

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

25  service establishment, but shall not include employee

26  communications permissible under the National Labor Relations

27  Act.

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

29  written or oral permission of the owner, manager, or agent of

30  the owner or manager of the public lodging establishment where

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    Florida Senate - 2005                           CS for SB 1454
    590-1799-05




 1  a sign is posted prohibiting advertising or solicitation in

 2  the manner provided in subsection (4).

 3         (c)  "At or in a public lodging establishment" means

 4  any property under the sole ownership or control of a public

 5  lodging establishment.

 6         (2)  Any individual, agent, contractor, or volunteer

 7  who is acting on behalf of an individual, business, company,

 8  or food service establishment and who, without permission,

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

10  distribute, or place, a handbill at or in a public lodging

11  establishment commits a misdemeanor of the first degree,

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

13         (3)  Any person who, without permission, directs

14  another person to deliver, distribute, or place, or attempts

15  to deliver, distribute, or place, a handbill at or in a public

16  lodging establishment commits a misdemeanor of the first

17  degree, punishable as provided in s. 775.082 or s. 775.083.

18  Any person sentenced under this subsection shall be ordered to

19  pay a minimum fine of $500 in addition to any other penalty

20  imposed by the court.

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

22  establishment that intends to prohibit advertising or

23  solicitation, as described in this section, at or in such

24  establishment must comply with the following requirements when

25  posting a sign prohibiting such solicitation or advertising:

26         (a)  There must appear prominently on any sign referred

27  to in this subsection, in letters of not less than 2 inches in

28  height, the terms "no advertising" or "no solicitation" or

29  terms that indicate the same meaning.

30         (b)  The sign must be posted conspicuously.

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    Florida Senate - 2005                           CS for SB 1454
    590-1799-05




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

 2  establishment is immediately accessible by entering the office

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

 4  area outside such establishment, the sign must be placed on a

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

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

 7  outside such establishment.

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

 9  establishment is not immediately accessible by entering the

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

11  other area outside such establishment, the sign must be placed

12  in the immediate vicinity of the main entrance to such

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

14  grounds, or other area outside such establishment.

15         Section 3.  This act shall take effect July 1, 2005.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 1454

19                                 

20  Defines the term "at or in a public lodging establishment" to
    mean property under the sole ownership or control of a public
21  lodging establishment.

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