Florida Senate - 2010                                    SB 2584
       
       
       
       By Senator Altman
       
       
       
       
       24-01718-10                                           20102584__
    1                        A bill to be entitled                      
    2         An act relating to lodging and food service
    3         establishments; amending s. 509.144, F.S.; redefining
    4         the term “without permission” to require that a person
    5         obtain written permission in order to distribute
    6         handbills in certain public lodging establishments;
    7         increasing the penalty imposed for distributing
    8         handbills in a public lodging establishment without
    9         permission; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 509.144, Florida Statutes, is amended to
   14  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 other
   19  written material that advertises, promotes, or informs persons
   20  about an individual, business, company, or food service
   21  establishment, but shall not include employee communications
   22  permissible under the National Labor Relations Act.
   23         (b) “Without permission” means without the expressed
   24  written or oral permission of the owner, manager, or agent of
   25  the owner or manager of the public lodging establishment where a
   26  sign is posted prohibiting advertising or solicitation in the
   27  manner provided in subsection (4).
   28         (c) “At or in a public lodging establishment” means any
   29  property under the sole ownership or control of a public lodging
   30  establishment.
   31         (2) Any individual, agent, contractor, or volunteer who is
   32  acting on behalf of an individual, business, company, or food
   33  service establishment and who, without permission, delivers,
   34  distributes, or places, or attempts to deliver, distribute, or
   35  place, a handbill at or in a public lodging establishment
   36  commits a felony of the third misdemeanor of the first degree,
   37  punishable as provided in s. 775.082, or s. 775.083, or s.
   38  775.084.
   39         (3) Any person who, without permission, directs another
   40  person to deliver, distribute, or place, or attempts to deliver,
   41  distribute, or place, a handbill at or in a public lodging
   42  establishment commits a felony of the third misdemeanor of the
   43  first degree, punishable as provided in s. 775.082, or s.
   44  775.083, or s. 775.084. Any person sentenced under this
   45  subsection shall be ordered to pay a minimum fine of $1,000 $500
   46  in addition to any other penalty imposed by the court.
   47         (4) For purposes of this section, a public lodging
   48  establishment that intends to prohibit advertising or
   49  solicitation, as described in this section, at or in such
   50  establishment must comply with the following requirements when
   51  posting a sign prohibiting such solicitation or advertising:
   52         (a) There must appear prominently on any sign referred to
   53  in this subsection, in letters of not less than 2 inches in
   54  height, the terms “no advertising” or “no solicitation” or terms
   55  that indicate the same meaning.
   56         (b) The sign must be posted conspicuously.
   57         (c) If the main office of the public lodging establishment
   58  is immediately accessible by entering the office through a door
   59  from a street, parking lot, grounds, or other area outside such
   60  establishment, the sign must be placed on a part of the main
   61  office, such as a door or window, and the sign must face the
   62  street, parking lot, grounds, or other area outside such
   63  establishment.
   64         (d) If the main office of the public lodging establishment
   65  is not immediately accessible by entering the office through a
   66  door from a street, parking lot, grounds, or other area outside
   67  such establishment, the sign must be placed in the immediate
   68  vicinity of the main entrance to such establishment, and the
   69  sign must face the street, parking lot, grounds, or other area
   70  outside such establishment.
   71         Section 2. This act shall take effect July 1, 2010.