HB 7173

1	A bill to be entitled
2	An act relating to handbill distribution; amending s.
3	509.144, F.S.; revising definitions to require that
4	permission to distribute handbills be written; providing
5	additional penalties; specifying that certain items are
6	subject to seizure and forfeiture; amending s. 901.15,
7	F.S.; authorizing a law enforcement officer to arrest a
8	person without a warrant when there is probable cause to
9	believe the person violated s. 509.144, F.S., and the
10	owner or manager of the public lodging establishment signs
11	an affidavit containing information supporting the
12	probable cause determination; amending s. 932.701, F.S.;
13	revising the definition of the term "contraband" to
14	include items subject to seizure and forfeiture for
15	certain violations of s. 509.144, F.S.; providing an
16	effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Section 509.144, Florida Statutes, is amended
21	to read:
22	509.144  Prohibited handbill distribution in a public
23	lodging establishment; penalties.-
24	(1)  As used in this section, the term:
25	(a)  "Handbill" means a flier, leaflet, pamphlet, or other
26	written material that advertises, promotes, or informs persons
27	about an individual, business, company, or food service
28	establishment, but shall not include employee communications
29	permissible under the National Labor Relations Act.
30	(b)  "Without permission" means without the expressed
31	written or oral permission of the owner, manager, or agent of
32	the owner or manager of the public lodging establishment where a
33	sign is posted prohibiting advertising or solicitation in the
34	manner provided in subsection (5) (4).
35	(c)  "At or in a public lodging establishment" means any
36	property under the sole ownership or control of a public lodging
37	establishment.
38	(2)  Any individual, agent, contractor, or volunteer who is
39	acting on behalf of an individual, business, company, or food
40	service establishment and who, without permission, delivers,
41	distributes, or places, or attempts to deliver, distribute, or
42	place, a handbill at or in a public lodging establishment
43	commits a misdemeanor of the first degree, punishable as
44	provided in s. 775.082 or s. 775.083.
45	(3)  Any person who, without permission, directs another
46	person to deliver, distribute, or place, or attempts to deliver,
47	distribute, or place, a handbill at or in a public lodging
48	establishment commits a misdemeanor of the first degree,
49	punishable as provided in s. 775.082 or s. 775.083. Any person
50	sentenced under this subsection shall be ordered to pay a
51	minimum fine of $1,000 $500 in addition to any other penalty
52	imposed by the court.
53	(4)  In addition to any other penalty imposed by the court,
54	a person who violates subsection (2) or (3):
55	(a)  A second time shall be ordered to pay a minimum fine
56	of $2,000.
57	(b)  A third or subsequent time shall be ordered to pay a
58	minimum fine of $3,000.
59	(5)(4)  For purposes of this section, a public lodging
60	establishment that intends to prohibit advertising or
61	solicitation, as described in this section, at or in such
62	establishment must comply with the following requirements when
63	posting a sign prohibiting such solicitation or advertising:
64	(a)  There must appear prominently on any sign referred to
65	in this subsection, in letters of not less than 2 inches in
66	height, the terms "no advertising" or "no solicitation" or terms
67	that indicate the same meaning.
68	(b)  The sign must be posted conspicuously.
69	(c)  If the main office of the public lodging establishment
70	is immediately accessible by entering the office through a door
71	from a street, parking lot, grounds, or other area outside such
72	establishment, the sign must be placed on a part of the main
73	office, such as a door or window, and the sign must face the
74	street, parking lot, grounds, or other area outside such
75	establishment.
76	(d)  If the main office of the public lodging establishment
77	is not immediately accessible by entering the office through a
78	door from a street, parking lot, grounds, or other area outside
79	such establishment, the sign must be placed in the immediate
80	vicinity of the main entrance to such establishment, and the
81	sign must face the street, parking lot, grounds, or other area
82	outside such establishment.
83	(6)  Any personal property, including, but not limited to,
84	any vehicle of any kind, item, object, tool, device, weapon,
85	machine, money, securities, books, or records, which was used or
86	was attempted to be used as an instrumentality in the commission
87	of, or in aiding and abetting in the commission of, a person's
88	third or subsequent violation of this section, regardless of
89	whether the usage or attempted usage comprised an element of the
90	offense, is subject to seizure and forfeiture under the Florida
91	Contraband Forfeiture Act.
92	Section 2.  Subsection (16) is added to section 901.15,
93	Florida Statutes, to read:
94	901.15  When arrest by officer without warrant is lawful.-A
95	law enforcement officer may arrest a person without a warrant
96	when:
97	(16)  The officer has determined that he or she has
98	probable cause to believe that a violation of s. 509.144 has
99	been committed and the owner or manager of the public lodging
100	establishment in which the violation occurred signs an affidavit
101	containing information that supports the officer's probable
102	cause determination.
103	Section 3.  Paragraph (a) of subsection (2) of section
104	932.701, Florida Statutes, is amended to read:
105	932.701  Short title; definitions.-
106	(2)  As used in the Florida Contraband Forfeiture Act:
107	(a)  "Contraband article" means:
108	1.  Any controlled substance as defined in chapter 893 or
109	any substance, device, paraphernalia, or currency or other means
110	of exchange that was used, was attempted to be used, or was
111	intended to be used in violation of any provision of chapter
112	893, if the totality of the facts presented by the state is
113	clearly sufficient to meet the state's burden of establishing
114	probable cause to believe that a nexus exists between the
115	article seized and the narcotics activity, whether or not the
116	use of the contraband article can be traced to a specific
117	narcotics transaction.
118	2.  Any gambling paraphernalia, lottery tickets, money,
119	currency, or other means of exchange which was used, was
120	attempted, or intended to be used in violation of the gambling
121	laws of the state.
122	3.  Any equipment, liquid or solid, which was being used,
123	is being used, was attempted to be used, or intended to be used
124	in violation of the beverage or tobacco laws of the state.
125	4.  Any motor fuel upon which the motor fuel tax has not
126	been paid as required by law.
127	5.  Any personal property, including, but not limited to,
128	any vessel, aircraft, item, object, tool, substance, device,
129	weapon, machine, vehicle of any kind, money, securities, books,
130	records, research, negotiable instruments, or currency, which
131	was used or was attempted to be used as an instrumentality in
132	the commission of, or in aiding or abetting in the commission
133	of, any felony, whether or not comprising an element of the
134	felony, or which is acquired by proceeds obtained as a result of
135	a violation of the Florida Contraband Forfeiture Act.
136	6.  Any real property, including any right, title,
137	leasehold, or other interest in the whole of any lot or tract of
138	land, which was used, is being used, or was attempted to be used
139	as an instrumentality in the commission of, or in aiding or
140	abetting in the commission of, any felony, or which is acquired
141	by proceeds obtained as a result of a violation of the Florida
142	Contraband Forfeiture Act.
143	7.  Any personal property, including, but not limited to,
144	equipment, money, securities, books, records, research,
145	negotiable instruments, currency, or any vessel, aircraft, item,
146	object, tool, substance, device, weapon, machine, or vehicle of
147	any kind in the possession of or belonging to any person who
148	takes aquaculture products in violation of s. 812.014(2)(c).
149	8.  Any motor vehicle offered for sale in violation of s.
150	320.28.
151	9.  Any motor vehicle used during the course of committing
152	an offense in violation of s. 322.34(9)(a).
153	10.  Any photograph, film, or other recorded image,
154	including an image recorded on videotape, a compact disc,
155	digital tape, or fixed disk, that is recorded in violation of s.
156	810.145 and is possessed for the purpose of amusement,
157	entertainment, sexual arousal, gratification, or profit, or for
158	the purpose of degrading or abusing another person.
159	11.  Any real property, including any right, title,
160	leasehold, or other interest in the whole of any lot or tract of
161	land, which is acquired by proceeds obtained as a result of
162	Medicaid fraud under s. 409.920 or s. 409.9201; any personal
163	property, including, but not limited to, equipment, money,
164	securities, books, records, research, negotiable instruments, or
165	currency; or any vessel, aircraft, item, object, tool,
166	substance, device, weapon, machine, or vehicle of any kind in
167	the possession of or belonging to any person which is acquired
168	by proceeds obtained as a result of Medicaid fraud under s.
169	409.920 or s. 409.9201.
170	12.  Any personal property, including, but not limited to,
171	any vehicle of any kind, item, object, tool, device, weapon,
172	machine, money, securities, books, or records, which was used or
173	was attempted to be used as an instrumentality in the commission
174	of, or in aiding and abetting in the commission of, a person's
175	third or subsequent violation of s. 509.144, regardless of
176	whether the usage or attempted usage comprised an element of the
177	offense.
178	Section 4.  This act shall take effect October 1, 2010.

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