Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 476
       
       
       
       
       
       
                                Barcode 201980                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  05/18/2011           .                                
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       The Committee on Judiciary (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 264 and 265
    4  insert:
    5         Section 10. Sections 11 through 14 of this act may be cited
    6  as the “Tourist Safety Act.”
    7         Section 11. Section 509.144, Florida Statutes, is amended
    8  to read:
    9         509.144 Prohibited handbill distribution in a public
   10  lodging establishment; penalties.—
   11         (1) As used in this section, the term:
   12         (a) “Handbill” means a flier, leaflet, pamphlet, or other
   13  written material that advertises, promotes, or informs persons
   14  about a person an individual, business, company, or food service
   15  establishment, but does shall not include employee
   16  communications permissible under the National Labor Relations
   17  Act, other communications protected by the First Amendment to
   18  the United States Constitution, or communications that relate to
   19  the public health, safety, or welfare and that are distributed
   20  by a federal, state, or local governmental entity or a public or
   21  private utility.
   22         (b) “Without permission” means without the expressed
   23  written or oral permission of the owner, manager, or agent of
   24  the owner or manager of the public lodging establishment where a
   25  sign is posted prohibiting advertising or solicitation in the
   26  manner provided in subsection (5) (4).
   27         (c) “At or in a public lodging establishment” means any
   28  property under the sole ownership or control of a public lodging
   29  establishment.
   30         (2) Any person individual, agent, contractor, or volunteer
   31  who is acting on behalf of a person an individual, business,
   32  company, or food service establishment and who, without
   33  permission, delivers, distributes, or places, or attempts to
   34  deliver, distribute, or place, a handbill at or in a public
   35  lodging establishment commits a misdemeanor of the first degree,
   36  punishable as provided in s. 775.082 or s. 775.083.
   37         (3) Any person who, without permission, directs another
   38  person to deliver, distribute, or place, or attempts to deliver,
   39  distribute, or place, a handbill at or in a public lodging
   40  establishment commits a misdemeanor of the first degree,
   41  punishable as provided in s. 775.082 or s. 775.083. Any person
   42  sentenced under this subsection shall be ordered to pay a
   43  minimum fine of $500 in addition to any other penalty imposed by
   44  the court.
   45         (4) In addition to any other penalty imposed by the court,
   46  a person who violates subsection (2) or subsection (3):
   47         (a) A second time shall be ordered to pay a minimum fine of
   48  $2,000.
   49         (b) A third or subsequent time shall be ordered to pay a
   50  minimum fine of $3,000.
   51         (5)(4) For purposes of this section, a public lodging
   52  establishment that intends to prohibit advertising or
   53  solicitation, as described in this section, at or in such
   54  establishment must comply with the following requirements when
   55  posting a sign prohibiting such solicitation or advertising:
   56         (a) There must appear prominently on any sign referred to
   57  in this subsection, in letters of not less than 2 inches in
   58  height, the terms “no advertising” or “no solicitation” or terms
   59  that indicate the same meaning.
   60         (b) The sign must be posted conspicuously.
   61         (c) If the main office of the public lodging establishment
   62  is immediately accessible by entering the office through a door
   63  from a street, parking lot, grounds, or other area outside such
   64  establishment, the sign must be placed on a part of the main
   65  office, such as a door or window, and the sign must face the
   66  street, parking lot, grounds, or other area outside such
   67  establishment.
   68         (d) If the main office of the public lodging establishment
   69  is not immediately accessible by entering the office through a
   70  door from a street, parking lot, grounds, or other area outside
   71  such establishment, the sign must be placed in the immediate
   72  vicinity of the main entrance to such establishment, and the
   73  sign must face the street, parking lot, grounds, or other area
   74  outside such establishment.
   75         (6) Any personal property, including, but not limited to,
   76  any vehicle of any kind, item, object, tool, device, weapon,
   77  machine, money, security, book, or record, which is used or
   78  attempted to be used as an instrumentality in the commission of,
   79  or in aiding and abetting in the commission of, a person’s third
   80  or subsequent violation of this section, whether or not
   81  comprising an element of the offense, is subject to seizure and
   82  forfeiture under the Florida Contraband Forfeiture Act.
   83         Section 12. Section 901.1503, Florida Statutes, is created
   84  to read:
   85         901.1503 When notice to appear by officer without warrant
   86  is lawful.—A law enforcement officer may give a notice to appear
   87  to a person without a warrant when the officer has determined
   88  that he or she has probable cause to believe that a violation of
   89  s. 509.144 has been committed and the owner or manager of the
   90  public lodging establishment in which the violation occurred
   91  signs an affidavit containing information that supports the
   92  officer’s determination of probable cause.
   93         Section 13. Paragraph (a) of subsection (2) of section
   94  932.701, Florida Statutes, is amended to read:
   95         932.701 Short title; definitions.—
   96         (2) As used in the Florida Contraband Forfeiture Act:
   97         (a) “Contraband article” means:
   98         1. Any controlled substance as defined in chapter 893 or
   99  any substance, device, paraphernalia, or currency or other means
  100  of exchange that was used, was attempted to be used, or was
  101  intended to be used in violation of any provision of chapter
  102  893, if the totality of the facts presented by the state is
  103  clearly sufficient to meet the state’s burden of establishing
  104  probable cause to believe that a nexus exists between the
  105  article seized and the narcotics activity, whether or not the
  106  use of the contraband article can be traced to a specific
  107  narcotics transaction.
  108         2. Any gambling paraphernalia, lottery tickets, money,
  109  currency, or other means of exchange which was used, was
  110  attempted, or intended to be used in violation of the gambling
  111  laws of the state.
  112         3. Any equipment, liquid or solid, which was being used, is
  113  being used, was attempted to be used, or intended to be used in
  114  violation of the beverage or tobacco laws of the state.
  115         4. Any motor fuel upon which the motor fuel tax has not
  116  been paid as required by law.
  117         5. Any personal property, including, but not limited to,
  118  any vessel, aircraft, item, object, tool, substance, device,
  119  weapon, machine, vehicle of any kind, money, securities, books,
  120  records, research, negotiable instruments, or currency, which
  121  was used or was attempted to be used as an instrumentality in
  122  the commission of, or in aiding or abetting in the commission
  123  of, any felony, whether or not comprising an element of the
  124  felony, or which is acquired by proceeds obtained as a result of
  125  a violation of the Florida Contraband Forfeiture Act.
  126         6. Any real property, including any right, title,
  127  leasehold, or other interest in the whole of any lot or tract of
  128  land, which was used, is being used, or was attempted to be used
  129  as an instrumentality in the commission of, or in aiding or
  130  abetting in the commission of, any felony, or which is acquired
  131  by proceeds obtained as a result of a violation of the Florida
  132  Contraband Forfeiture Act.
  133         7. Any personal property, including, but not limited to,
  134  equipment, money, securities, books, records, research,
  135  negotiable instruments, currency, or any vessel, aircraft, item,
  136  object, tool, substance, device, weapon, machine, or vehicle of
  137  any kind in the possession of or belonging to any person who
  138  takes aquaculture products in violation of s. 812.014(2)(c).
  139         8. Any motor vehicle offered for sale in violation of s.
  140  320.28.
  141         9. Any motor vehicle used during the course of committing
  142  an offense in violation of s. 322.34(9)(a).
  143         10. Any photograph, film, or other recorded image,
  144  including an image recorded on videotape, a compact disc,
  145  digital tape, or fixed disk, that is recorded in violation of s.
  146  810.145 and is possessed for the purpose of amusement,
  147  entertainment, sexual arousal, gratification, or profit, or for
  148  the purpose of degrading or abusing another person.
  149         11. Any real property, including any right, title,
  150  leasehold, or other interest in the whole of any lot or tract of
  151  land, which is acquired by proceeds obtained as a result of
  152  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
  153  property, including, but not limited to, equipment, money,
  154  securities, books, records, research, negotiable instruments, or
  155  currency; or any vessel, aircraft, item, object, tool,
  156  substance, device, weapon, machine, or vehicle of any kind in
  157  the possession of or belonging to any person which is acquired
  158  by proceeds obtained as a result of Medicaid fraud under s.
  159  409.920 or s. 409.9201.
  160         12. Any personal property, including, but not limited to,
  161  any vehicle of any kind, item, object, tool, device, weapon,
  162  machine, money, security, book, or record, which is used or
  163  attempted to be used as an instrumentality in the commission of,
  164  or in aiding and abetting in the commission of, a person’s third
  165  or subsequent violation of s. 509.144, whether or not comprising
  166  an element of the offense.
  167         Section 14. The amendments to ss. 509.144 and 932.701,
  168  Florida Statutes, and the creation of s. 901.1503, Florida
  169  Statutes, by this act do not affect or impede the provisions of
  170  s. 790.251, Florida Statutes, or any other protection or right
  171  guaranteed by the Second Amendment to the United States
  172  Constitution.
  173  
  174  ================= T I T L E  A M E N D M E N T ================
  175         And the title is amended as follows:
  176         Delete line 23
  177  and insert:
  178         changes made by the act; providing a short title;
  179         amending s. 509.144, F.S.; revising the definition of
  180         the term “handbill”; providing additional penalties
  181         for the offense of unlawfully distributing handbills
  182         in a public lodging establishment; specifying that
  183         certain items used in committing such offense are
  184         subject to seizure and forfeiture under the Florida
  185         Contraband Forfeiture Act; creating s. 901.1503, F.S.;
  186         authorizing a law enforcement officer to give a notice
  187         to appear to a person without a warrant when there is
  188         probable cause to believe the person violated s.
  189         509.144, F.S., and the owner or manager of the public
  190         lodging establishment signs an affidavit containing
  191         information supporting the determination of probable
  192         cause; amending s. 932.701, F.S.; revising the
  193         definition of the term “contraband article”; providing
  194         that specified portions of the act do not affect or
  195         impede specified statutory provisions or any
  196         protection or right guaranteed by the Second Amendment
  197         to the United States Constitution; providing an
  198         effective date.