HB 0139 2004
1	A bill to be entitled
2	An act relating to public lodging establishments;
3	providing a popular name; amending s. 509.013, F.S.;
4	defining the term "handbill"; creating s. 509.144, F.S.;
5	prohibiting the distribution of handbills on the premises
6	of public lodging establishments; providing penalties;
7	providing for enhanced penalties and crime severities when
8	a battery occurs in the commission of the prohibition on
9	distribution of handbills; providing an effective date.
10
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 lodging
26	establishment, pose a security risk to the patrons and
27	management of the 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 of Florida,
34	and the continued health of the tourism industry depends on the
35	safety and security of visitors, NOW THEREFORE,
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1. This act shall be known by the popular name the
40	"Tourist Safety Act of 2004."
41	Section 2. Subsection (13) is added to section 509.013,
42	Florida Statutes, to read:
43	509.013 Definitions.--As used in this chapter, the term:
44	(13) "Handbill" means any flier, leaflet, pamphlet, or
45	other written material that seeks to advertise, promote, or
46	inform persons about an individual, business, company, or food
47	service establishment.
48	Section 3. Section 509.144, Florida Statutes, is created
49	to read:
50	509.144 Handbill distribution on premises of public
51	lodging establishments prohibited.--
52	(1) It is unlawful for any individual, agent, contractor,
53	or volunteer who is acting on behalf of any individual,
54	business, company, or food service establishment to deliver,
55	distribute, or place, or attempt to deliver, distribute, or
56	place, any handbill on private property controlled by any public
57	lodging establishment without permission and whereupon it is
58	posted in a reasonably conspicuous manner that advertising or
59	solicitation is prohibited on private property controlled by any
60	public lodging establishment.
61	(2) It is unlawful for any person to direct any
62	individual, employee, agent, contractor, or volunteer to
63	deliver, distribute, or place, or attempt to deliver,
64	distribute, or place, a handbill on private property controlled
65	by any public lodging establishment without permission and
66	whereupon it is posted in a reasonably conspicuous manner that
67	advertising or solicitation is prohibited on private property
68	controlled by any public lodging establishment.
69	(3) Any person who violates this section commits a
70	misdemeanor of the first degree, punishable as provided in s.
71	775.082 or s. 775.083.
72	(4) Any person who violates subsection (1) and who also
73	commits a battery, as defined under s. 784.03(1)(a), on any
74	person who is on the premises of any public lodging
75	establishment while in violation of this section, commits a
76	felony of the third degree, punishable as provided in s. 775.082
77	or s. 775.083.
78	(5) Any person who violates subsection (2), if the
79	directed individual, employee, agent, contractor, or volunteer
80	also commits a battery, as defined under s. 784.03 (1)(a), on
81	any person who is on the premises of any public lodging
82	establishment while in violation of subsections (1) or (2),
83	commits a felony of the third degree, punishable as provided in
84	s. 775.082 or s. 775.083.
85	Section 4. This act shall take effect July 1, 2004.