Bill
Number: S.B. 1504
Kavanagh Floor Amendment
Reference to: GOVERNMENT Committee amendment
Amendment drafted by: Robin Hillyard
FLOOR AMENDMENT EXPLANATION
Requires the property owner or owners authorized agent to comply with any contract requirements already in place on the property when granting approval of a drop box placement. Adds a legislative intent is to protect the rights of property owners.
Second Regular Session S.B. 1504
KAVANAGH FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1504
(Reference to GOVERNMENT Committee amendment)
Page 1, before line 1, insert:
“Page 1, line 12, after “property” insert “, PROVIDED THE PRIVATE PROPERTY OWNER OR THE PRIVATE PROPERTY OWNER’S AUTHORIZED AGENT COMPLIES WITH THE REQUIREMENTS OF ANY APPLICABLE COVENANT, CONDITION OR RESTRICTION ON THE PROPERTY WHERE THE DROP BOX IS TO BE LOCATED.”
Line 38, after “box” insert “, PROVIDED THE PRIVATE PROPERTY OWNER OR THE PRIVATE PROPERTY OWNER’S AUTHORIZED AGENT COMPLIES WITH THE REQUIREMENTS OF ANY APPLICABLE COVENANT, CONDITION OR RESTRICTION ON THE PROPERTY WHERE THE DROP BOX IS TO BE LOCATED.””
Line 1, strike “insert a period and”
Line 2, strike the colon insert ““, PROVIDED THE PRIVATE PROPERTY OWNER OR THE PRIVATE PROPERTY OWNER’S AUTHORIZED AGENT COMPLIES WITH THE REQUIREMENTS OF ANY APPLICABLE COVENANT, CONDITION OR RESTRICTION ON THE PROPERTY WHERE THE DROP BOX IS TO BE LOCATED.”
Line 6, after “located” insert “, PROVIDED THE PRIVATE PROPERTY OWNER OR THE PRIVATE PROPERTY OWNER’S AUTHORIZED AGENT COMPLIES WITH THE REQUIREMENTS OF ANY APPLICABLE COVENANT, CONDITION OR RESTRICTION ON THE PROPERTY WHERE THE DROP BOX IS TO BE LOCATED.”
Strike lines 7 and 8
Between lines 9 and 10, insert:
“Page 2, after line 21, insert:
“Sec. 2. Legislative findings
The legislature finds and declares that:
1. This state has a long history of protecting the property rights of private property owners, including protecting property owners from trespass.
2. Most, if not all, permanent and temporary land uses require written and notarized authorization from the private property owner or the private property owner’s authorized agent.
3. Today, it is estimated that there are more than five thousand drop boxes in this state placed on numerous commercial and retail shopping centers, a substantial majority of which drop box operators have placed deliberately in defiance of trespass laws, with inappropriate approval from an onsite tenant or with the mistaken belief that they had proper authority from the private property owner or the private property owner’s authorized agent.
4. Often, drop box operators will place drop boxes on required parking spaces, landscape setbacks, parking landscape islands, or in the path of vehicle circulation – frequently in violation of local zoning, public nuisance or other ordinances. In addition, the placement of the drop boxes may result in violations of a private property owner’s contractual obligations to the tenants, licensees or other property owners, unless the private property owner or the private property owner’s authorized agent takes appropriate remedial action.
5. In order for a private property owner or the private property owner’s authorized agent to address the trespass, often the private property owner or the private property owner’s authorized agent will first seek to contact the drop box operator to demand removal of the drop box. However, it is not unusual for the private property owner’s or the private property owner’s authorized agent’s efforts to be frustrated by the drop box operator’s:
(a) Failure to provide accurate, if any, contact information on the drop box.
(b) Lack of timely response, if at all, when contacted.
(c) Attempts to delay taking action.
6. When a private property owner or the private property owner’s authorized agent does take action to remove an unauthorized drop box, it is not uncommon for the drop box operator to threaten to sue, and in some cases actually sue, the private property owner and the private property owner’s authorized agent.
7. With notarized authorization and disclosure of contact information, private property owners will be afforded greater protection against potential civil and tort liabilities, local zoning, public nuisance or other ordinance violations and breach of contract claims from authorized tenants and licensees.
8. By obtaining notarized authorization and disclosing contact information on drop boxes, drop box operators will be afforded greater protection against potential civil and criminal liabilities and the potential loss of the drop boxes and its content.””
Amend title to conform