CS/HB 63

1	A bill to be entitled
2	An act relating to public lodging and food service
3	establishments; providing a short title; amending s.
4	509.144, F.S.; revising definitions; providing additional
5	penalties for the offense of unlawfully distributing
6	handbills in a public lodging establishment; specifying
7	that certain items used in committing such offense are
8	subject to seizure and forfeiture under the Florida
9	Contraband Forfeiture Act; creating s. 901.1503, F.S.;
10	authorizing a law enforcement officer to give a notice to
11	appear to a person without a warrant when there is
12	probable cause to believe the person violated s. 509.144,
13	F.S., and the owner or manager of the public lodging
14	establishment signs an affidavit containing information
15	supporting the determination of probable cause; amending
16	s. 932.701, F.S.; revising the definition of the term
17	"contraband article"; amending s. 509.032, F.S.; revising
18	provisions relating to the preemption to the state of the
19	regulation of public lodging establishments and public
20	food service establishments; amending s. 509.261, F.S.;
21	revising penalties for operating a public lodging
22	establishment or public food service establishment without
23	a valid license; providing that specified portions of this
24	act do not affect or impede specified statutory provisions
25	or any protection or right guaranteed by the Second
26	Amendment to the United States Constitution; providing an
27	effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  This act may be cited as the "Tourist Safety
32	Act of 2011."
33	Section 2.  Section 509.144, Florida Statutes, is amended
34	to read:
35	509.144  Prohibited handbill distribution in a public
36	lodging establishment; penalties.-
37	(1)  As used in this section, the term:
38	(a)  "Handbill" means a flier, leaflet, pamphlet, or other
39	written material that advertises, promotes, or informs persons
40	about a person an individual, business, company, or food service
41	establishment, but does shall not include employee
42	communications permissible under the National Labor Relations
43	Act, other communications protected by the First Amendment to
44	the United States Constitution, or communications that relate to
45	the public health, safety, or welfare that are distributed by a
46	federal, state, or local governmental entity or a public or
47	private utility.
48	(b)  "Without permission" means without the expressed
49	written or oral permission of the owner, manager, or agent of
50	the owner or manager of the public lodging establishment where a
51	sign is posted prohibiting advertising or solicitation in the
52	manner provided in subsection (5) (4).
53	(c)  "At or in a public lodging establishment" means any
54	property under the sole ownership or control of a public lodging
55	establishment.
56	(2)  Any person individual, agent, contractor, or volunteer
57	who is acting on behalf of a person an individual, business,
58	company, or food service establishment and who, without
59	permission, delivers, distributes, or places, or attempts to
60	deliver, distribute, or place, a handbill at or in a public
61	lodging establishment commits a misdemeanor of the first degree,
62	punishable as provided in s. 775.082 or s. 775.083.
63	(3)  Any person who, without permission, directs another
64	person to deliver, distribute, or place, or attempts to deliver,
65	distribute, or place, a handbill at or in a public lodging
66	establishment commits a misdemeanor of the first degree,
67	punishable as provided in s. 775.082 or s. 775.083. Any person
68	sentenced under this subsection shall be ordered to pay a
69	minimum fine of $500 in addition to any other penalty imposed by
70	the court.
71	(4)  In addition to any other penalty imposed by the court,
72	a person who violates subsection (2) or subsection (3):
73	(a)  A second time shall be ordered to pay a minimum fine
74	of $2,000.
75	(b)  A third or subsequent time shall be ordered to pay a
76	minimum fine of $3,000.
77	(5)(4)  For purposes of this section, a public lodging
78	establishment that intends to prohibit advertising or
79	solicitation, as described in this section, at or in such
80	establishment must comply with the following requirements when
81	posting a sign prohibiting such solicitation or advertising:
82	(a)  There must appear prominently on any sign referred to
83	in this subsection, in letters of not less than 2 inches in
84	height, the terms "no advertising" or "no solicitation" or terms
85	that indicate the same meaning.
86	(b)  The sign must be posted conspicuously.
87	(c)  If the main office of the public lodging establishment
88	is immediately accessible by entering the office through a door
89	from a street, parking lot, grounds, or other area outside such
90	establishment, the sign must be placed on a part of the main
91	office, such as a door or window, and the sign must face the
92	street, parking lot, grounds, or other area outside such
93	establishment.
94	(d)  If the main office of the public lodging establishment
95	is not immediately accessible by entering the office through a
96	door from a street, parking lot, grounds, or other area outside
97	such establishment, the sign must be placed in the immediate
98	vicinity of the main entrance to such establishment, and the
99	sign must face the street, parking lot, grounds, or other area
100	outside such establishment.
101	(6)  Any personal property, including, but not limited to,
102	any vehicle of any kind, item, object, tool, device, weapon,
103	machine, money, security, book, or record, that is used or
104	attempted to be used as an instrumentality in the commission of,
105	or in aiding and abetting in the commission of, a person's third
106	or subsequent violation of this section, whether or not
107	comprising an element of the offense, is subject to seizure and
108	forfeiture under the Florida Contraband Forfeiture Act.
109	Section 3.  Section 901.1503, Florida Statutes, is created
110	to read:
111	901.1503  When notice to appear by officer without warrant
112	is lawful.-A law enforcement officer may give a notice to appear
113	to a person without a warrant when the officer has determined
114	that he or she has probable cause to believe that a violation of
115	s. 509.144 has been committed and the owner or manager of the
116	public lodging establishment in which the violation occurred
117	signs an affidavit containing information that supports the
118	officer's determination of probable cause.
119	Section 4.  Paragraph (a) of subsection (2) of section
120	932.701, Florida Statutes, is amended to read:
121	932.701  Short title; definitions.-
122	(2)  As used in the Florida Contraband Forfeiture Act:
123	(a)  "Contraband article" means:
124	1.  Any controlled substance as defined in chapter 893 or
125	any substance, device, paraphernalia, or currency or other means
126	of exchange that was used, was attempted to be used, or was
127	intended to be used in violation of any provision of chapter
128	893, if the totality of the facts presented by the state is
129	clearly sufficient to meet the state's burden of establishing
130	probable cause to believe that a nexus exists between the
131	article seized and the narcotics activity, whether or not the
132	use of the contraband article can be traced to a specific
133	narcotics transaction.
134	2.  Any gambling paraphernalia, lottery tickets, money,
135	currency, or other means of exchange which was used, was
136	attempted, or intended to be used in violation of the gambling
137	laws of the state.
138	3.  Any equipment, liquid or solid, which was being used,
139	is being used, was attempted to be used, or intended to be used
140	in violation of the beverage or tobacco laws of the state.
141	4.  Any motor fuel upon which the motor fuel tax has not
142	been paid as required by law.
143	5.  Any personal property, including, but not limited to,
144	any vessel, aircraft, item, object, tool, substance, device,
145	weapon, machine, vehicle of any kind, money, securities, books,
146	records, research, negotiable instruments, or currency, which
147	was used or was attempted to be used as an instrumentality in
148	the commission of, or in aiding or abetting in the commission
149	of, any felony, whether or not comprising an element of the
150	felony, or which is acquired by proceeds obtained as a result of
151	a violation of the Florida Contraband Forfeiture Act.
152	6.  Any real property, including any right, title,
153	leasehold, or other interest in the whole of any lot or tract of
154	land, which was used, is being used, or was attempted to be used
155	as an instrumentality in the commission of, or in aiding or
156	abetting in the commission of, any felony, or which is acquired
157	by proceeds obtained as a result of a violation of the Florida
158	Contraband Forfeiture Act.
159	7.  Any personal property, including, but not limited to,
160	equipment, money, securities, books, records, research,
161	negotiable instruments, currency, or any vessel, aircraft, item,
162	object, tool, substance, device, weapon, machine, or vehicle of
163	any kind in the possession of or belonging to any person who
164	takes aquaculture products in violation of s. 812.014(2)(c).
165	8.  Any motor vehicle offered for sale in violation of s.
166	320.28.
167	9.  Any motor vehicle used during the course of committing
168	an offense in violation of s. 322.34(9)(a).
169	10.  Any photograph, film, or other recorded image,
170	including an image recorded on videotape, a compact disc,
171	digital tape, or fixed disk, that is recorded in violation of s.
172	810.145 and is possessed for the purpose of amusement,
173	entertainment, sexual arousal, gratification, or profit, or for
174	the purpose of degrading or abusing another person.
175	11.  Any real property, including any right, title,
176	leasehold, or other interest in the whole of any lot or tract of
177	land, which is acquired by proceeds obtained as a result of
178	Medicaid fraud under s. 409.920 or s. 409.9201; any personal
179	property, including, but not limited to, equipment, money,
180	securities, books, records, research, negotiable instruments, or
181	currency; or any vessel, aircraft, item, object, tool,
182	substance, device, weapon, machine, or vehicle of any kind in
183	the possession of or belonging to any person which is acquired
184	by proceeds obtained as a result of Medicaid fraud under s.
185	409.920 or s. 409.9201.
186	12.  Any personal property, including, but not limited to,
187	any vehicle of any kind, item, object, tool, device, weapon,
188	machine, money, security, book, or record, that is used or
189	attempted to be used as an instrumentality in the commission of,
190	or in aiding and abetting in the commission of, a person's third
191	or subsequent violation of s. 509.144, whether or not comprising
192	an element of the offense.
193	Section 5.  Subsection (7) of section 509.032, Florida
194	Statutes, is amended to read:
195	509.032  Duties.-
196	(7)  PREEMPTION AUTHORITY.-The regulation of public lodging
197	establishments and public food service establishments,
198	including, but not limited to, the inspection of public lodging
199	establishments and public food service establishments for
200	compliance with the sanitation standards, inspections, adopted
201	under this section, and the regulation of food safety protection
202	standards for required training and testing of food service
203	establishment personnel, and matters related to the nutritional
204	content and marketing of foods offered in such establishments,
205	is are preempted to the state. This subsection does not preempt
206	the authority of a local government or local enforcement
207	district to conduct inspections of public lodging and public
208	food service establishments for compliance with the Florida
209	Building Code and the Florida Fire Prevention Code, pursuant to
210	ss. 553.80 and 633.022.
211	Section 6.  Subsection (1) of section 509.261, Florida
212	Statutes, is amended to read:
213	509.261  Revocation or suspension of licenses; fines;
214	procedure.-
215	(1)  Any public lodging establishment or public food
216	service establishment that has operated or is operating in
217	violation of this chapter or the rules of the division,
218	operating without a license, or operating with a suspended or
219	revoked license may be subject by the division to:
220	(a)  Fines not to exceed $1,000 per offense;
221	(b)  Mandatory completion attendance, at personal expense,
222	of a remedial at an educational program administered sponsored
223	by a food safety training program provider whose program has
224	been approved by the division, as provided in s. 509.049 the
225	Hospitality Education Program; and
226	(c)  The suspension, revocation, or refusal of a license
227	issued pursuant to this chapter.
228	Section 7.  The amendments to ss. 509.144 and 932.701,
229	Florida Statutes, and the creation of s. 901.1503, Florida
230	Statutes, by this act do not affect or impede the provisions of
231	s. 790.251, Florida Statutes, or any other protection or right
232	guaranteed by the Second Amendment to the United States
233	Constitution.
234	Section 8.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.