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| 1 | A bill to be entitled | ||
| 2 | An act relating to public lodging and food service | ||
| 3 | establishments; amending s. 509.013, F.S.; defining the | ||
| 4 | term "handbill"; creating s. 509.144, F.S.; prohibiting | ||
| 5 | the distribution of handbills on the premises of public | ||
| 6 | lodging or food service establishments; providing | ||
| 7 | penalties; providing an exception; providing an effective | ||
| 8 | date. | ||
| 9 | |||
| 10 | Be It Enacted by the Legislature of the State of Florida: | ||
| 11 | |||
| 12 | Section 1. Subsection (13) is added to section 509.013, | ||
| 13 | Florida Statutes, to read: | ||
| 14 | 509.013 Definitions.--As used in this chapter, the term: | ||
| 15 | (13) "Handbill" means any flier, pamphlet, or other | ||
| 16 | written material that seeks to advertise, promote, or inform | ||
| 17 | persons about an individual, business, company, or food service | ||
| 18 | establishment. | ||
| 19 | Section 2. Section 509.144, Florida Statutes, is created | ||
| 20 | to read: | ||
| 21 | 509.144 Handbill distribution on premises of public | ||
| 22 | lodging or food service establishments prohibited.-- | ||
| 23 | (1) It is unlawful for any individual, agent, contractor, | ||
| 24 | or volunteer who is acting on behalf of any individual, | ||
| 25 | business, company, or food service establishment to deliver, | ||
| 26 | distribute, or place, or attempt to deliver, distribute, or | ||
| 27 | place, any handbill on or about the premises, including on any | ||
| 28 | vehicle on the premises, of any public lodging or food service | ||
| 29 | establishment whereupon it is posted in a reasonably conspicuous | ||
| 30 | manner that advertising or solicitation is prohibited on or | ||
| 31 | about the premises of the public lodging or food service | ||
| 32 | establishment. | ||
| 33 | (2) It is unlawful for any person to direct any | ||
| 34 | individual, agent, contractor, or volunteer to deliver, | ||
| 35 | distribute, or place, or attempt to deliver, distribute, or | ||
| 36 | place, a handbill on or about the premises, including on any | ||
| 37 | vehicle on the premises, of any public lodging or food service | ||
| 38 | establishment whereupon it is posted in a reasonably conspicuous | ||
| 39 | manner that advertising or solicitation is prohibited on or | ||
| 40 | about the premises of the public lodging or food service | ||
| 41 | establishment. | ||
| 42 | (3) Any person who violates this section commits a | ||
| 43 | misdemeanor of the first degree, punishable as provided in s. | ||
| 44 | 775.082 or s. 775.083. | ||
| 45 | (4) Any person who violates this section and who also | ||
| 46 | commits a battery, as defined under s. 784.03(1)(a), on any | ||
| 47 | person who is on the premises of the public lodging or food | ||
| 48 | service establishment while in violation of this section, | ||
| 49 | commits a felony of the third degree, punishable as provided in | ||
| 50 | s. 775.082, s. 775.083, or s. 775.084. | ||
| 51 | |||
| 52 | This section does not apply to handbill distribution that is | ||
| 53 | conducted on a premises that is actually owned or operated by | ||
| 54 | the individual, business, company, or food service establishment | ||
| 55 | that is the subject of the advertisement, promotion, or | ||
| 56 | information on the handbill. | ||
| 57 | Section 3. This act shall take effect October 1, 2003. | ||