| 1 | A bill to be entitled |
| 2 | An act relating to public lodging establishments and |
| 3 | public food service establishments; amending s. 509.013, |
| 4 | F.S.; excluding nonprofit organizations providing certain |
| 5 | housing from the definition of "public lodging |
| 6 | establishment"; amending s. 509.032, F.S.; conforming |
| 7 | provisions to changes made by the act; prohibiting local |
| 8 | governments from regulating, restricting, or prohibiting |
| 9 | vacation rentals based solely on their classification, |
| 10 | use, or occupancy; providing exceptions; revising |
| 11 | authority preempted to the state with regard to regulation |
| 12 | of public lodging establishments and public food service |
| 13 | establishments; amending ss. 509.221 and 509.241, F.S.; |
| 14 | conforming provisions to changes made by the act; amending |
| 15 | s. 509.242, F.S.; providing that public lodging |
| 16 | establishments formerly classified as resort condominiums |
| 17 | and resort dwellings are classified as vacation rentals; |
| 18 | defining the term "vacation rental"; amending s. 509.251, |
| 19 | F.S.; conforming provisions to changes made by the act; |
| 20 | amending s. 509.261, F.S.; revising penalties for public |
| 21 | lodging establishments and public food service |
| 22 | establishments operating without a valid license; amending |
| 23 | s. 509.291, F.S.; revising membership of the advisory |
| 24 | council of the Division of Hotels and Restaurants of the |
| 25 | Department of Business and Professional Regulation; |
| 26 | requiring the Florida Vacation Rental Managers Association |
| 27 | to designate a member to serve on the advisory council; |
| 28 | amending ss. 381.008 and 386.203, F.S.; conforming |
| 29 | provisions to changes made by the act; providing a short |
| 30 | title; amending s. 509.144, F.S.; revising definitions; |
| 31 | providing additional penalties for the offense of |
| 32 | unlawfully distributing handbills in a public lodging |
| 33 | establishment; specifying that certain items used in |
| 34 | committing such offense are subject to seizure and |
| 35 | forfeiture under the Florida Contraband Forfeiture Act; |
| 36 | creating s. 901.1503, F.S.; authorizing a law enforcement |
| 37 | officer to give a notice to appear to a person without a |
| 38 | warrant when there is probable cause to believe the person |
| 39 | violated s. 509.144, F.S., and the owner or manager of the |
| 40 | public lodging establishment and one additional affiant |
| 41 | sign an affidavit containing information supporting the |
| 42 | determination of probable cause; amending s. 932.701, |
| 43 | F.S.; revising the definition of the term "contraband |
| 44 | article"; providing that specified portions of the act do |
| 45 | not affect or impede specified statutory provisions or any |
| 46 | protection or right guaranteed by the Second Amendment to |
| 47 | the United States Constitution; providing an effective |
| 48 | date. |
| 49 |
|
| 50 | Be It Enacted by the Legislature of the State of Florida: |
| 51 |
|
| 52 | Section 1. Paragraph (b) of subsection (4) of section |
| 53 | 509.013, Florida Statutes, is amended to read: |
| 54 | (4) |
| 55 | (b) The following are excluded from the definitions in |
| 56 | paragraph (a): |
| 57 | 1. Any dormitory or other living or sleeping facility |
| 58 | maintained by a public or private school, college, or university |
| 59 | for the use of students, faculty, or visitors; |
| 60 | 2. Any facility certified or licensed and regulated by the |
| 61 | Agency for Health Care Administration or the Department of |
| 62 | Children and Family Services or other similar place regulated |
| 63 | under s. 381.0072; |
| 64 | 3. Any place renting four rental units or less, unless the |
| 65 | rental units are advertised or held out to the public to be |
| 66 | places that are regularly rented to transients; |
| 67 | 4. Any unit or group of units in a condominium, |
| 68 | cooperative, or timeshare plan and any individually or |
| 69 | collectively owned one-family, two-family, three-family, or |
| 70 | four-family dwelling house or dwelling unit that is rented for |
| 71 | periods of at least 30 days or 1 calendar month, whichever is |
| 72 | less, and that is not advertised or held out to the public as a |
| 73 | place regularly rented for periods of less than 1 calendar |
| 74 | month, provided that no more than four rental units within a |
| 75 | single complex of buildings are available for rent; |
| 76 | 5. Any migrant labor camp or residential migrant housing |
| 77 | permitted by the Department of Health; under ss. 381.008- |
| 78 | 381.00895; and |
| 79 | 6. Any establishment inspected by the Department of Health |
| 80 | and regulated by chapter 513; and |
| 81 | 7. Any nonprofit organization that operates a facility |
| 82 | providing housing only to patients, patients' families, and |
| 83 | patients' caregivers and not to the general public. |
| 84 |
|
| 85 | Section 2. Paragraph (a) of subsection (2) and subsection |
| 86 | (7) of section 509.032, Florida Statutes, are amended to read: |
| 87 | 509.032 Duties.- |
| 88 | (2) INSPECTION OF PREMISES.- |
| 89 | (a) The division has responsibility and jurisdiction for |
| 90 | all inspections required by this chapter. The division has |
| 91 | responsibility for quality assurance. Each licensed |
| 92 | establishment shall be inspected at least biannually, except for |
| 93 | transient and nontransient apartments, which shall be inspected |
| 94 | at least annually, and shall be inspected at such other times as |
| 95 | the division determines is necessary to ensure the public's |
| 96 | health, safety, and welfare. The division shall establish a |
| 97 | system to determine inspection frequency. Public lodging units |
| 98 | classified as vacation rentals resort condominiums or resort |
| 99 | dwellings are not subject to this requirement, but shall be made |
| 100 | available to the division upon request. If, during the |
| 101 | inspection of a public lodging establishment classified for |
| 102 | renting to transient or nontransient tenants, an inspector |
| 103 | identifies vulnerable adults who appear to be victims of |
| 104 | neglect, as defined in s. 415.102, or, in the case of a building |
| 105 | that is not equipped with automatic sprinkler systems, tenants |
| 106 | or clients who may be unable to self-preserve in an emergency, |
| 107 | the division shall convene meetings with the following agencies |
| 108 | as appropriate to the individual situation: the Department of |
| 109 | Health, the Department of Elderly Affairs, the area agency on |
| 110 | aging, the local fire marshal, the landlord and affected tenants |
| 111 | and clients, and other relevant organizations, to develop a plan |
| 112 | which improves the prospects for safety of affected residents |
| 113 | and, if necessary, identifies alternative living arrangements |
| 114 | such as facilities licensed under part II of chapter 400 or |
| 115 | under chapter 429. |
| 116 | (7) PREEMPTION AUTHORITY.- |
| 117 | (a) The regulation of public lodging establishments and |
| 118 | public food service establishments, including, but not limited |
| 119 | to, the inspection of public lodging establishments and public |
| 120 | food service establishments for compliance with the sanitation |
| 121 | standards, inspections, adopted under this section, and the |
| 122 | regulation of food safety protection standards for required |
| 123 | training and testing of food service establishment personnel, |
| 124 | and matters related to the nutritional content and marketing of |
| 125 | foods offered in such establishments, is are preempted to the |
| 126 | state. This paragraph subsection does not preempt the authority |
| 127 | of a local government or local enforcement district to conduct |
| 128 | inspections of public lodging and public food service |
| 129 | establishments for compliance with the Florida Building Code and |
| 130 | the Florida Fire Prevention Code, pursuant to ss. 553.80 and |
| 131 | 633.022. |
| 132 | (b) A local law, ordinance, or regulation may not restrict |
| 133 | the use of vacation rentals, prohibit vacation rentals, or |
| 134 | regulate vacation rentals based solely on their classification, |
| 135 | use, or occupancy. This paragraph does not apply to any local |
| 136 | law, ordinance, or regulation adopted on or before June 1, 2011. |
| 137 | (c) Paragraph (b) does not apply to any local law, |
| 138 | ordinance, or regulation exclusively relating to property |
| 139 | valuation as a criterion for vacation rental if the local law, |
| 140 | ordinance, or regulation is required to be approved by the |
| 141 | Department of Community Affairs pursuant to an area of critical |
| 142 | state concern designation. |
| 143 | Section 3. Subsection (9) of section 509.221, Florida |
| 144 | Statutes, is amended to read: |
| 145 | 509.221 Sanitary regulations.- |
| 146 | (9) Subsections (2), (5), and (6) do not apply to any |
| 147 | facility or unit classified as a vacation rental or resort |
| 148 | condominium, nontransient apartment, or resort dwelling as |
| 149 | described in s. 509.242(1)(c) and, (d), and (g). |
| 150 | Section 4. Subsection (2) of section 509.241, Florida |
| 151 | Statutes, is amended to read: |
| 152 | 509.241 Licenses required; exceptions.- |
| 153 | (2) APPLICATION FOR LICENSE.-Each person who plans to open |
| 154 | a public lodging establishment or a public food service |
| 155 | establishment shall apply for and receive a license from the |
| 156 | division prior to the commencement of operation. A condominium |
| 157 | association, as defined in s. 718.103, which does not own any |
| 158 | units classified as vacation rentals resort condominiums under |
| 159 | s. 509.242(1)(c) is shall not be required to apply for or |
| 160 | receive a public lodging establishment license. |
| 161 | Section 5. Subsection (1) of section 509.242, Florida |
| 162 | Statutes, is amended to read: |
| 163 | 509.242 Public lodging establishments; classifications.- |
| 164 | (1) A public lodging establishment shall be classified as |
| 165 | a hotel, motel, resort condominium, nontransient apartment, |
| 166 | transient apartment, roominghouse, bed and breakfast inn, or |
| 167 | vacation rental resort dwelling if the establishment satisfies |
| 168 | the following criteria: |
| 169 | (a) Hotel.-A hotel is any public lodging establishment |
| 170 | containing sleeping room accommodations for 25 or more guests |
| 171 | and providing the services generally provided by a hotel and |
| 172 | recognized as a hotel in the community in which it is situated |
| 173 | or by the industry. |
| 174 | (b) Motel.-A motel is any public lodging establishment |
| 175 | which offers rental units with an exit to the outside of each |
| 176 | rental unit, daily or weekly rates, offstreet parking for each |
| 177 | unit, a central office on the property with specified hours of |
| 178 | operation, a bathroom or connecting bathroom for each rental |
| 179 | unit, and at least six rental units, and which is recognized as |
| 180 | a motel in the community in which it is situated or by the |
| 181 | industry. |
| 182 | (c) Vacation rental Resort condominium.-A vacation rental |
| 183 | resort condominium is any unit or group of units in a |
| 184 | condominium, cooperative, or timeshare plan or any individually |
| 185 | or collectively owned single-family, two-family, or four-family |
| 186 | house or dwelling unit that is also a transient public lodging |
| 187 | establishment which is rented more than three times in a |
| 188 | calendar year for periods of less than 30 days or 1 calendar |
| 189 | month, whichever is less, or which is advertised or held out to |
| 190 | the public as a place regularly rented for periods of less than |
| 191 | 30 days or 1 calendar month, whichever is less. |
| 192 | (d) Nontransient apartment or roominghouse.-A nontransient |
| 193 | apartment or roominghouse is a building or complex of buildings |
| 194 | in which 75 percent or more of the units are available for rent |
| 195 | to nontransient tenants. |
| 196 | (e) Transient apartment or roominghouse.-A transient |
| 197 | apartment or roominghouse is a building or complex of buildings |
| 198 | in which more than 25 percent of the units are advertised or |
| 199 | held out to the public as available for transient occupancy. |
| 200 | (f) Roominghouse.-A roominghouse is any public lodging |
| 201 | establishment that may not be classified as a hotel, motel, |
| 202 | resort condominium, nontransient apartment, bed and breakfast |
| 203 | inn, vacation rental, or transient apartment under this section. |
| 204 | A roominghouse includes, but is not limited to, a boardinghouse. |
| 205 | (g) Resort dwelling.-A resort dwelling is any individually |
| 206 | or collectively owned one-family, two-family, three-family, or |
| 207 | four-family dwelling house or dwelling unit which is rented more |
| 208 | than three times in a calendar year for periods of less than 30 |
| 209 | days or 1 calendar month, whichever is less, or which is |
| 210 | advertised or held out to the public as a place regularly rented |
| 211 | for periods of less than 30 days or 1 calendar month, whichever |
| 212 | is less. |
| 213 | (g)(h) Bed and breakfast inn.-A bed and breakfast inn is a |
| 214 | family home structure, with no more than 15 sleeping rooms, |
| 215 | which has been modified to serve as a transient public lodging |
| 216 | establishment, which provides the accommodation and meal |
| 217 | services generally offered by a bed and breakfast inn, and which |
| 218 | is recognized as a bed and breakfast inn in the community in |
| 219 | which it is situated or by the hospitality industry. |
| 220 | Section 6. Subsection (1) of section 509.251, Florida |
| 221 | Statutes, is amended to read: |
| 222 | 509.251 License fees.- |
| 223 | (1) The division shall adopt, by rule, a schedule of fees |
| 224 | to be paid by each public lodging establishment as a |
| 225 | prerequisite to issuance or renewal of a license. Such fees |
| 226 | shall be based on the number of rental units in the |
| 227 | establishment. The aggregate fee per establishment charged any |
| 228 | public lodging establishment shall not exceed $1,000; however, |
| 229 | the fees described in paragraphs (a) and (b) may not be included |
| 230 | as part of the aggregate fee subject to this cap. Vacation |
| 231 | rental Resort condominium units within separate buildings or at |
| 232 | separate locations but managed by one licensed agent may be |
| 233 | combined in a single license application, and the division shall |
| 234 | charge a license fee as if all units in the application are in a |
| 235 | single licensed establishment. Resort dwelling units may be |
| 236 | licensed in the same manner as condominium units. The fee |
| 237 | schedule shall require an establishment which applies for an |
| 238 | initial license to pay the full license fee if application is |
| 239 | made during the annual renewal period or more than 6 months |
| 240 | prior to the next such renewal period and one-half of the fee if |
| 241 | application is made 6 months or less prior to such period. The |
| 242 | fee schedule shall include fees collected for the purpose of |
| 243 | funding the Hospitality Education Program, pursuant to s. |
| 244 | 509.302, which are payable in full for each application |
| 245 | regardless of when the application is submitted. |
| 246 | (a) Upon making initial application or an application for |
| 247 | change of ownership, the applicant shall pay to the division a |
| 248 | fee as prescribed by rule, not to exceed $50, in addition to any |
| 249 | other fees required by law, which shall cover all costs |
| 250 | associated with initiating regulation of the establishment. |
| 251 | (b) A license renewal filed with the division within 30 |
| 252 | days after the expiration date shall be accompanied by a |
| 253 | delinquent fee as prescribed by rule, not to exceed $50, in |
| 254 | addition to the renewal fee and any other fees required by law. |
| 255 | A license renewal filed with the division more than 30 but not |
| 256 | more than 60 days after the expiration date shall be accompanied |
| 257 | by a delinquent fee as prescribed by rule, not to exceed $100, |
| 258 | in addition to the renewal fee and any other fees required by |
| 259 | law. |
| 260 | Section 7. Subsection (1) of section 509.261, Florida |
| 261 | Statutes, is amended to read: |
| 262 | 509.261 Revocation or suspension of licenses; fines; |
| 263 | procedure.- |
| 264 | (1) Any public lodging establishment or public food |
| 265 | service establishment that has operated or is operating in |
| 266 | violation of this chapter or the rules of the division, |
| 267 | operating without a license, or operating with a suspended or |
| 268 | revoked license may be subject by the division to: |
| 269 | (a) Fines not to exceed $1,000 per offense; |
| 270 | (b) Mandatory completion attendance, at personal expense, |
| 271 | of a remedial at an educational program administered sponsored |
| 272 | by a food safety training program provider approved by the |
| 273 | division, as provided in s. 509.049 the Hospitality Education |
| 274 | Program; and |
| 275 | (c) The suspension, revocation, or refusal of a license |
| 276 | issued pursuant to this chapter. |
| 277 | Section 8. Subsection (1) of section 509.291, Florida |
| 278 | Statutes, is amended to read: |
| 279 | 509.291 Advisory council.- |
| 280 | (1) There is created a 10-member advisory council. |
| 281 | (a) The Secretary of Business and Professional Regulation |
| 282 | shall appoint six seven voting members to the advisory council. |
| 283 | Each member appointed by the secretary must be an operator of an |
| 284 | establishment licensed under this chapter and shall represent |
| 285 | the industries regulated by the division, except that one member |
| 286 | appointed by the secretary must be a layperson representing the |
| 287 | general public and one member must be a hospitality education |
| 288 | administrator from an institution of higher education of this |
| 289 | state. Such members of the council shall serve staggered terms |
| 290 | of 4 years. |
| 291 | (b) The Florida Restaurant and Lodging Association shall |
| 292 | designate one representative to serve as a voting member of the |
| 293 | council. The Florida Vacation Rental Managers Association shall |
| 294 | designate one representative to serve as a voting member of the |
| 295 | council. The Florida Apartment Association and the Florida |
| 296 | Association of Realtors shall each designate one representative |
| 297 | to serve as a voting member of the council. |
| 298 | (c) Any member who fails to attend three consecutive |
| 299 | council meetings without good cause may be removed from the |
| 300 | council by the secretary. |
| 301 | Section 9. Paragraph (c) of subsection (8) of section |
| 302 | 381.008, Florida Statutes, is amended to read: |
| 303 | 381.008 Definitions of terms used in ss. 381.008- |
| 304 | 381.00897.-As used in ss. 381.008-381.00897, the following words |
| 305 | and phrases mean: |
| 306 | (8) "Residential migrant housing"-A building, structure, |
| 307 | mobile home, barracks, or dormitory, and any combination thereof |
| 308 | on adjacent property which is under the same ownership, |
| 309 | management, or control, and the land appertaining thereto, that |
| 310 | is rented or reserved for occupancy by five or more seasonal or |
| 311 | migrant farmworkers, except: |
| 312 | (c) A hotel, or motel, or resort condominium, as described |
| 313 | defined in chapter 509, that is furnished for transient |
| 314 | occupancy. |
| 315 | Section 10. Subsection (4) of section 386.203, Florida |
| 316 | Statutes, is amended to read: |
| 317 | 386.203 Definitions.-As used in this part: |
| 318 | (4) "Designated smoking guest rooms at public lodging |
| 319 | establishments" means the sleeping rooms and directly associated |
| 320 | private areas, such as bathrooms, living rooms, and kitchen |
| 321 | areas, if any, rented to guests for their exclusive transient |
| 322 | occupancy in public lodging establishments, including hotels, |
| 323 | motels, vacation rentals resort condominiums, transient |
| 324 | apartments, transient lodging establishments, rooming houses, |
| 325 | boarding houses, resort dwellings, bed and breakfast inns, and |
| 326 | the like; and designated by the person or persons having |
| 327 | management authority over such public lodging establishment as |
| 328 | rooms in which smoking may be permitted. |
| 329 | Section 11. Sections 11 through 14 of this act may be |
| 330 | cited as the "Tourist Safety Act of 2011." |
| 331 | Section 12. Section 509.144, Florida Statutes, is amended |
| 332 | to read: |
| 333 | 509.144 Prohibited handbill distribution in a public |
| 334 | lodging establishment; penalties.- |
| 335 | (1) As used in this section, the term: |
| 336 | (a) "Handbill" means a flier, leaflet, pamphlet, or other |
| 337 | written material that advertises, promotes, or informs persons |
| 338 | about a person an individual, business, company, or food service |
| 339 | establishment, but does shall not include employee |
| 340 | communications permissible under the National Labor Relations |
| 341 | Act, other communications protected by the First Amendment to |
| 342 | the United States Constitution, or communications about public |
| 343 | health, safety, or welfare distributed by a federal, state, or |
| 344 | local governmental entity or a public or private utility. |
| 345 | (b) "Without permission" means without the expressed |
| 346 | written or oral permission of the owner, manager, or agent of |
| 347 | the owner or manager of the public lodging establishment where a |
| 348 | sign is posted prohibiting advertising or solicitation in the |
| 349 | manner provided in subsection (5) (4). |
| 350 | (c) "At or in a public lodging establishment" means any |
| 351 | property under the sole ownership or control of a public lodging |
| 352 | establishment. |
| 353 | (2) Any person individual, agent, contractor, or volunteer |
| 354 | who is acting on behalf of a person an individual, business, |
| 355 | company, or food service establishment and who, without |
| 356 | permission, delivers, distributes, or places, or attempts to |
| 357 | deliver, distribute, or place, a handbill at or in a public |
| 358 | lodging establishment commits a misdemeanor of the first degree, |
| 359 | punishable as provided in s. 775.082 or s. 775.083. |
| 360 | (3) Any person who, without permission, directs another |
| 361 | person to deliver, distribute, or place, or attempts to deliver, |
| 362 | distribute, or place, a handbill at or in a public lodging |
| 363 | establishment commits a misdemeanor of the first degree, |
| 364 | punishable as provided in s. 775.082 or s. 775.083. Any person |
| 365 | sentenced under this subsection shall be ordered to pay a |
| 366 | minimum fine of $500 in addition to any other penalty imposed by |
| 367 | the court. |
| 368 | (4) In addition to any penalty imposed by the court, a |
| 369 | person who violates subsection (2) or subsection (3): |
| 370 | (a) Shall pay a minimum fine of $2,000 for a second |
| 371 | violation. |
| 372 | (b) Shall pay a minimum fine of $3,000 for a third or |
| 373 | subsequent violation. |
| 374 | (5)(4) For purposes of this section, a public lodging |
| 375 | establishment that intends to prohibit advertising or |
| 376 | solicitation, as described in this section, at or in such |
| 377 | establishment must comply with the following requirements when |
| 378 | posting a sign prohibiting such solicitation or advertising: |
| 379 | (a) There must appear prominently on any sign referred to |
| 380 | in this subsection, in letters of not less than 2 inches in |
| 381 | height, the terms "no advertising" or "no solicitation" or terms |
| 382 | that indicate the same meaning. |
| 383 | (b) The sign must be posted conspicuously. |
| 384 | (c) If the main office of the public lodging establishment |
| 385 | is immediately accessible by entering the office through a door |
| 386 | from a street, parking lot, grounds, or other area outside such |
| 387 | establishment, the sign must be placed on a part of the main |
| 388 | office, such as a door or window, and the sign must face the |
| 389 | street, parking lot, grounds, or other area outside such |
| 390 | establishment. |
| 391 | (d) If the main office of the public lodging establishment |
| 392 | is not immediately accessible by entering the office through a |
| 393 | door from a street, parking lot, grounds, or other area outside |
| 394 | such establishment, the sign must be placed in the immediate |
| 395 | vicinity of the main entrance to such establishment, and the |
| 396 | sign must face the street, parking lot, grounds, or other area |
| 397 | outside such establishment. |
| 398 | (6) Any personal property, including, but not limited to, |
| 399 | any vehicle, item, object, tool, device, weapon, machine, money, |
| 400 | security, book, or record, that is used or attempted to be used |
| 401 | as an instrumentality in the commission of, or in aiding and |
| 402 | abetting in the commission of, a person's third or subsequent |
| 403 | violation of this section, whether or not comprising an element |
| 404 | of the offense, is subject to seizure and forfeiture under the |
| 405 | Florida Contraband Forfeiture Act. |
| 406 | Section 13. Section 901.1503, Florida Statutes, is created |
| 407 | to read: |
| 408 | 901.1503 When notice to appear by officer without warrant |
| 409 | is lawful.-A law enforcement officer may give a notice to appear |
| 410 | to a person without a warrant when the officer has determined |
| 411 | that he or she has probable cause to believe that a violation of |
| 412 | s. 509.144 has been committed and the owner or manager of the |
| 413 | public lodging establishment in which the violation occurred and |
| 414 | one additional affiant sign an affidavit containing information |
| 415 | that supports the officer's determination of probable cause. |
| 416 | Section 14. Paragraph (a) of subsection (2) of section |
| 417 | 932.701, Florida Statutes, is amended to read: |
| 418 | 932.701 Short title; definitions.- |
| 419 | (2) As used in the Florida Contraband Forfeiture Act: |
| 420 | (a) "Contraband article" means: |
| 421 | 1. Any controlled substance as defined in chapter 893 or |
| 422 | any substance, device, paraphernalia, or currency or other means |
| 423 | of exchange that was used, was attempted to be used, or was |
| 424 | intended to be used in violation of any provision of chapter |
| 425 | 893, if the totality of the facts presented by the state is |
| 426 | clearly sufficient to meet the state's burden of establishing |
| 427 | probable cause to believe that a nexus exists between the |
| 428 | article seized and the narcotics activity, whether or not the |
| 429 | use of the contraband article can be traced to a specific |
| 430 | narcotics transaction. |
| 431 | 2. Any gambling paraphernalia, lottery tickets, money, |
| 432 | currency, or other means of exchange which was used, was |
| 433 | attempted, or intended to be used in violation of the gambling |
| 434 | laws of the state. |
| 435 | 3. Any equipment, liquid or solid, which was being used, |
| 436 | is being used, was attempted to be used, or intended to be used |
| 437 | in violation of the beverage or tobacco laws of the state. |
| 438 | 4. Any motor fuel upon which the motor fuel tax has not |
| 439 | been paid as required by law. |
| 440 | 5. Any personal property, including, but not limited to, |
| 441 | any vessel, aircraft, item, object, tool, substance, device, |
| 442 | weapon, machine, vehicle of any kind, money, securities, books, |
| 443 | records, research, negotiable instruments, or currency, which |
| 444 | was used or was attempted to be used as an instrumentality in |
| 445 | the commission of, or in aiding or abetting in the commission |
| 446 | of, any felony, whether or not comprising an element of the |
| 447 | felony, or which is acquired by proceeds obtained as a result of |
| 448 | a violation of the Florida Contraband Forfeiture Act. |
| 449 | 6. Any real property, including any right, title, |
| 450 | leasehold, or other interest in the whole of any lot or tract of |
| 451 | land, which was used, is being used, or was attempted to be used |
| 452 | as an instrumentality in the commission of, or in aiding or |
| 453 | abetting in the commission of, any felony, or which is acquired |
| 454 | by proceeds obtained as a result of a violation of the Florida |
| 455 | Contraband Forfeiture Act. |
| 456 | 7. Any personal property, including, but not limited to, |
| 457 | equipment, money, securities, books, records, research, |
| 458 | negotiable instruments, currency, or any vessel, aircraft, item, |
| 459 | object, tool, substance, device, weapon, machine, or vehicle of |
| 460 | any kind in the possession of or belonging to any person who |
| 461 | takes aquaculture products in violation of s. 812.014(2)(c). |
| 462 | 8. Any motor vehicle offered for sale in violation of s. |
| 463 | 320.28. |
| 464 | 9. Any motor vehicle used during the course of committing |
| 465 | an offense in violation of s. 322.34(9)(a). |
| 466 | 10. Any photograph, film, or other recorded image, |
| 467 | including an image recorded on videotape, a compact disc, |
| 468 | digital tape, or fixed disk, that is recorded in violation of s. |
| 469 | 810.145 and is possessed for the purpose of amusement, |
| 470 | entertainment, sexual arousal, gratification, or profit, or for |
| 471 | the purpose of degrading or abusing another person. |
| 472 | 11. Any real property, including any right, title, |
| 473 | leasehold, or other interest in the whole of any lot or tract of |
| 474 | land, which is acquired by proceeds obtained as a result of |
| 475 | Medicaid fraud under s. 409.920 or s. 409.9201; any personal |
| 476 | property, including, but not limited to, equipment, money, |
| 477 | securities, books, records, research, negotiable instruments, or |
| 478 | currency; or any vessel, aircraft, item, object, tool, |
| 479 | substance, device, weapon, machine, or vehicle of any kind in |
| 480 | the possession of or belonging to any person which is acquired |
| 481 | by proceeds obtained as a result of Medicaid fraud under s. |
| 482 | 409.920 or s. 409.9201. |
| 483 | 12. Any personal property, including, but not limited to, |
| 484 | any vehicle, item, object, tool, device, weapon, machine, money, |
| 485 | security, book, or record, that is used or attempted to be used |
| 486 | as an instrumentality in the commission of, or in aiding and |
| 487 | abetting in the commission of, a person's third or subsequent |
| 488 | violation of s. 509.144, whether or not comprising an element of |
| 489 | the offense. |
| 490 | Section 15. The amendments made to ss. 509.144 and |
| 491 | 932.701, Florida Statutes, and the creation of s. 901.1503, |
| 492 | Florida Statutes, by this act do not affect or impede the |
| 493 | provisions of s. 790.251, Florida Statutes, or any other |
| 494 | protection or right guaranteed by the Second Amendment to the |
| 495 | United States Constitution. |
| 496 | Section 16. This act shall take effect upon becoming a |
| 497 | law. |