Florida Senate - 2011                                     SB 366
       
       
       
       By Senator Altman
       
       
       
       
       24-00262-11                                            2011366__
    1                        A bill to be entitled                      
    2         An act relating to handbill distribution; providing a
    3         short title; amending s. 509.144, F.S.; revising
    4         definitions; providing additional penalties for the
    5         offense of unlawfully distributing handbills in a
    6         public lodging establishment; specifying that certain
    7         items used in committing such offense are subject to
    8         seizure and forfeiture under the Florida Contraband
    9         Forfeiture Act; amending s. 901.15, F.S.; authorizing
   10         a law enforcement officer to arrest a person without a
   11         warrant when there is probable cause to believe the
   12         person violated s. 509.144, F.S., and where the owner
   13         or manager of the public lodging establishment signs
   14         an affidavit containing information supporting the
   15         determination of probable cause; amending s. 932.701,
   16         F.S.; revising the definition of the term
   17         “contraband”; providing that the terms and provisions
   18         of the act do not affect or impede the provisions of a
   19         specified state statute or any protection or right
   20         guaranteed by the Second Amendment to the United
   21         States Constitution; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. This act may be cited as the “Tourist Safety
   26  Act.”
   27         Section 2. Section 509.144, Florida Statutes, is amended to
   28  read:
   29         509.144 Prohibited handbill distribution in a public
   30  lodging establishment; penalties.—
   31         (1) As used in this section, the term:
   32         (a) “Handbill” means a flier, leaflet, pamphlet, or other
   33  written material that advertises, promotes, or informs persons
   34  about an individual, business, company, or food service
   35  establishment, but does shall not include employee
   36  communications permissible under the National Labor Relations
   37  Act or other communication protected by the First Amendment to
   38  the United States Constitution.
   39         (b) “Without permission” means without the expressed
   40  written or oral permission of the owner, manager, or agent of
   41  the owner or manager of the public lodging establishment where a
   42  sign is posted prohibiting advertising or solicitation in the
   43  manner provided in subsection (5) (4).
   44         (c) “At or in a public lodging establishment” means any
   45  property under the sole ownership or control of a public lodging
   46  establishment.
   47         (2) Any person individual, agent, contractor, or volunteer
   48  who is acting on behalf of a person an individual, business,
   49  company, or food service establishment and who, without
   50  permission, delivers, distributes, or places, or attempts to
   51  deliver, distribute, or place, a handbill at or in a public
   52  lodging establishment commits a misdemeanor of the first degree,
   53  punishable as provided in s. 775.082 or s. 775.083.
   54         (3) Any person who, without permission, directs another
   55  person to deliver, distribute, or place, or attempts to deliver,
   56  distribute, or place, a handbill at or in a public lodging
   57  establishment commits a misdemeanor of the first degree,
   58  punishable as provided in s. 775.082 or s. 775.083. Any person
   59  sentenced under this subsection shall be ordered to pay a
   60  minimum fine of $1,000 $500 in addition to any other penalty
   61  imposed by the court.
   62         (4)In addition to any other penalty imposed by the court,
   63  a person who violates subsection (2) or subsection (3):
   64         (a)A second time shall be ordered to pay a minimum fine of
   65  $2,000.
   66         (b)A third or subsequent time shall be ordered to pay a
   67  minimum fine of $3,000.
   68         (5)(4) For purposes of this section, a public lodging
   69  establishment that intends to prohibit advertising or
   70  solicitation, as described in this section, at or in such
   71  establishment must comply with the following requirements when
   72  posting a sign prohibiting such solicitation or advertising:
   73         (a) There must appear prominently on any sign referred to
   74  in this subsection, in letters of not less than 2 inches in
   75  height, the terms “no advertising” or “no solicitation” or terms
   76  that indicate the same meaning.
   77         (b) The sign must be posted conspicuously.
   78         (c) If the main office of the public lodging establishment
   79  is immediately accessible by entering the office through a door
   80  from a street, parking lot, grounds, or other area outside such
   81  establishment, the sign must be placed on a part of the main
   82  office, such as a door or window, and the sign must face the
   83  street, parking lot, grounds, or other area outside such
   84  establishment.
   85         (d) If the main office of the public lodging establishment
   86  is not immediately accessible by entering the office through a
   87  door from a street, parking lot, grounds, or other area outside
   88  such establishment, the sign must be placed in the immediate
   89  vicinity of the main entrance to such establishment, and the
   90  sign must face the street, parking lot, grounds, or other area
   91  outside such establishment.
   92         (6)Any personal property, including, but not limited to,
   93  any vehicle of any kind, item, object, tool, device, weapon,
   94  machine, money, securities, books, or records, which is used or
   95  attempted to be used as an instrumentality in the commission of,
   96  or in aiding and abetting in the commission of, a person’s third
   97  or subsequent violation of this section, whether or not
   98  comprising an element of the offense, is subject to seizure and
   99  forfeiture under the Florida Contraband Forfeiture Act.
  100         Section 3. Subsection (16) is added to section 901.15,
  101  Florida Statutes, to read:
  102         901.15 When arrest by officer without warrant is lawful.—A
  103  law enforcement officer may arrest a person without a warrant
  104  when:
  105         (16)The officer has determined that he or she has probable
  106  cause to believe that a violation of s. 509.144 has been
  107  committed and where the owner or manager of the public lodging
  108  establishment in which the violation occurred signs an affidavit
  109  containing information that supports the officer’s determination
  110  of probable cause.
  111         Section 4. Paragraph (a) of subsection (2) of section
  112  932.701, Florida Statutes, is amended to read:
  113         932.701 Short title; definitions.—
  114         (2) As used in the Florida Contraband Forfeiture Act:
  115         (a) “Contraband article” means:
  116         1. Any controlled substance as defined in chapter 893 or
  117  any substance, device, paraphernalia, or currency or other means
  118  of exchange that was used, was attempted to be used, or was
  119  intended to be used in violation of any provision of chapter
  120  893, if the totality of the facts presented by the state is
  121  clearly sufficient to meet the state’s burden of establishing
  122  probable cause to believe that a nexus exists between the
  123  article seized and the narcotics activity, whether or not the
  124  use of the contraband article can be traced to a specific
  125  narcotics transaction.
  126         2. Any gambling paraphernalia, lottery tickets, money,
  127  currency, or other means of exchange which was used, was
  128  attempted, or intended to be used in violation of the gambling
  129  laws of the state.
  130         3. Any equipment, liquid or solid, which was being used, is
  131  being used, was attempted to be used, or intended to be used in
  132  violation of the beverage or tobacco laws of the state.
  133         4. Any motor fuel upon which the motor fuel tax has not
  134  been paid as required by law.
  135         5. Any personal property, including, but not limited to,
  136  any vessel, aircraft, item, object, tool, substance, device,
  137  weapon, machine, vehicle of any kind, money, securities, books,
  138  records, research, negotiable instruments, or currency, which
  139  was used or was attempted to be used as an instrumentality in
  140  the commission of, or in aiding or abetting in the commission
  141  of, any felony, whether or not comprising an element of the
  142  felony, or which is acquired by proceeds obtained as a result of
  143  a violation of the Florida Contraband Forfeiture Act.
  144         6. Any real property, including any right, title,
  145  leasehold, or other interest in the whole of any lot or tract of
  146  land, which was used, is being used, or was attempted to be used
  147  as an instrumentality in the commission of, or in aiding or
  148  abetting in the commission of, any felony, or which is acquired
  149  by proceeds obtained as a result of a violation of the Florida
  150  Contraband Forfeiture Act.
  151         7. Any personal property, including, but not limited to,
  152  equipment, money, securities, books, records, research,
  153  negotiable instruments, currency, or any vessel, aircraft, item,
  154  object, tool, substance, device, weapon, machine, or vehicle of
  155  any kind in the possession of or belonging to any person who
  156  takes aquaculture products in violation of s. 812.014(2)(c).
  157         8. Any motor vehicle offered for sale in violation of s.
  158  320.28.
  159         9. Any motor vehicle used during the course of committing
  160  an offense in violation of s. 322.34(9)(a).
  161         10. Any photograph, film, or other recorded image,
  162  including an image recorded on videotape, a compact disc,
  163  digital tape, or fixed disk, that is recorded in violation of s.
  164  810.145 and is possessed for the purpose of amusement,
  165  entertainment, sexual arousal, gratification, or profit, or for
  166  the purpose of degrading or abusing another person.
  167         11. Any real property, including any right, title,
  168  leasehold, or other interest in the whole of any lot or tract of
  169  land, which is acquired by proceeds obtained as a result of
  170  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
  171  property, including, but not limited to, equipment, money,
  172  securities, books, records, research, negotiable instruments, or
  173  currency; or any vessel, aircraft, item, object, tool,
  174  substance, device, weapon, machine, or vehicle of any kind in
  175  the possession of or belonging to any person which is acquired
  176  by proceeds obtained as a result of Medicaid fraud under s.
  177  409.920 or s. 409.9201.
  178         12.Any personal property, including, but not limited to,
  179  any vehicle of any kind, item, object, tool, device, weapon,
  180  machine, money, securities, books, or records, which is used or
  181  attempted to be used as an instrumentality in the commission of,
  182  or in aiding and abetting in the commission of, a person’s third
  183  or subsequent violation of s. 509.144, whether or not comprising
  184  an element of the offense.
  185         Section 5. The terms and provisions of the act do not
  186  affect or impede the provisions of s. 790.251, Florida Statutes,
  187  or any other protection or right guaranteed by the Second
  188  Amendment to the United States Constitution.
  189         Section 6. This act shall take effect October 1, 2011.