Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 476
       
       
       
       
       
       
                                Barcode 968726                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/05/2011 05:23 PM       .                                
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       Senator Evers moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (4) of section
    6  509.013, Florida Statutes, is amended to read:
    7         (4)
    8         (b) The following are excluded from the definitions in
    9  paragraph (a):
   10         1. Any dormitory or other living or sleeping facility
   11  maintained by a public or private school, college, or university
   12  for the use of students, faculty, or visitors;
   13         2. Any facility certified or licensed and regulated by the
   14  Agency for Health Care Administration or the Department of
   15  Children and Family Services or other similar place regulated
   16  under s. 381.0072;
   17         3. Any place renting four rental units or less, unless the
   18  rental units are advertised or held out to the public to be
   19  places that are regularly rented to transients;
   20         4. Any unit or group of units in a condominium,
   21  cooperative, or timeshare plan and any individually or
   22  collectively owned one-family, two-family, three-family, or
   23  four-family dwelling house or dwelling unit that is rented for
   24  periods of at least 30 days or 1 calendar month, whichever is
   25  less, and that is not advertised or held out to the public as a
   26  place regularly rented for periods of less than 1 calendar
   27  month, provided that no more than four rental units within a
   28  single complex of buildings are available for rent;
   29         5. Any migrant labor camp or residential migrant housing
   30  permitted by the Department of Health; under ss. 381.008
   31  381.00895; and
   32         6. Any establishment inspected by the Department of Health
   33  and regulated by chapter 513; and
   34         7. Any nonprofit organization that operates a facility
   35  providing housing only to patients, patients’ families, and
   36  patients’ caregivers and not to the general public.
   37         Section 2. Paragraph (a) of subsection (2) and subsection
   38  (7) of section 509.032, Florida Statutes, are amended to read:
   39         509.032 Duties.—
   40         (2) INSPECTION OF PREMISES.—
   41         (a) The division has responsibility and jurisdiction for
   42  all inspections required by this chapter. The division has
   43  responsibility for quality assurance. Each licensed
   44  establishment shall be inspected at least biannually, except for
   45  transient and nontransient apartments, which shall be inspected
   46  at least annually, and shall be inspected at such other times as
   47  the division determines is necessary to ensure the public’s
   48  health, safety, and welfare. The division shall establish a
   49  system to determine inspection frequency. Public lodging units
   50  classified as vacation rentals resort condominiums or resort
   51  dwellings are not subject to this requirement, but shall be made
   52  available to the division upon request. If, during the
   53  inspection of a public lodging establishment classified for
   54  renting to transient or nontransient tenants, an inspector
   55  identifies vulnerable adults who appear to be victims of
   56  neglect, as defined in s. 415.102, or, in the case of a building
   57  that is not equipped with automatic sprinkler systems, tenants
   58  or clients who may be unable to self-preserve in an emergency,
   59  the division shall convene meetings with the following agencies
   60  as appropriate to the individual situation: the Department of
   61  Health, the Department of Elderly Affairs, the area agency on
   62  aging, the local fire marshal, the landlord and affected tenants
   63  and clients, and other relevant organizations, to develop a plan
   64  which improves the prospects for safety of affected residents
   65  and, if necessary, identifies alternative living arrangements
   66  such as facilities licensed under part II of chapter 400 or
   67  under chapter 429.
   68         (7) PREEMPTION AUTHORITY.—
   69         (a) The regulation of public lodging establishments and
   70  public food service establishments, including, but not limited
   71  to, the inspection of public lodging establishments and public
   72  food service establishments for compliance with the sanitation
   73  standards, inspections, adopted under this section, and the
   74  regulation of food safety protection standards for required
   75  training and testing of food service establishment personnel,
   76  and matters related to the nutritional content and marketing of
   77  foods offered in such establishments, is are preempted to the
   78  state. This paragraph subsection does not preempt the authority
   79  of a local government or local enforcement district to conduct
   80  inspections of public lodging and public food service
   81  establishments for compliance with the Florida Building Code and
   82  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
   83  633.022.
   84         (b) A local law, ordinance, or regulation may not restrict
   85  the use of vacation rentals, prohibit vacation rentals, or
   86  regulate vacation rentals based solely on their classification,
   87  use, or occupancy. This paragraph does not apply to any local
   88  law, ordinance, or regulation adopted on or before June 1, 2011.
   89         (c) Paragraph (b) does not apply to any local law,
   90  ordinance, or regulation exclusively relating to property
   91  valuation as a criterion for vacation rental if the local law,
   92  ordinance, or regulation is required to be approved by the
   93  Department of Community Affairs pursuant to an area of critical
   94  state concern designation.
   95         Section 3. Subsection (9) of section 509.221, Florida
   96  Statutes, is amended to read:
   97         509.221 Sanitary regulations.—
   98         (9) Subsections (2), (5), and (6) do not apply to any
   99  facility or unit classified as a vacation rental or resort
  100  condominium, nontransient apartment, or resort dwelling as
  101  described in s. 509.242(1)(c) and, (d), and (g).
  102         Section 4. Subsection (2) of section 509.241, Florida
  103  Statutes, is amended to read:
  104         509.241 Licenses required; exceptions.—
  105         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  106  a public lodging establishment or a public food service
  107  establishment shall apply for and receive a license from the
  108  division prior to the commencement of operation. A condominium
  109  association, as defined in s. 718.103, which does not own any
  110  units classified as vacation rentals resort condominiums under
  111  s. 509.242(1)(c) is shall not be required to apply for or
  112  receive a public lodging establishment license.
  113         Section 5. Subsection (1) of section 509.242, Florida
  114  Statutes, is amended to read:
  115         509.242 Public lodging establishments; classifications.—
  116         (1) A public lodging establishment shall be classified as a
  117  hotel, motel, resort condominium, nontransient apartment,
  118  transient apartment, roominghouse, bed and breakfast inn, or
  119  vacation rental resort dwelling if the establishment satisfies
  120  the following criteria:
  121         (a) Hotel.—A hotel is any public lodging establishment
  122  containing sleeping room accommodations for 25 or more guests
  123  and providing the services generally provided by a hotel and
  124  recognized as a hotel in the community in which it is situated
  125  or by the industry.
  126         (b) Motel.—A motel is any public lodging establishment
  127  which offers rental units with an exit to the outside of each
  128  rental unit, daily or weekly rates, offstreet parking for each
  129  unit, a central office on the property with specified hours of
  130  operation, a bathroom or connecting bathroom for each rental
  131  unit, and at least six rental units, and which is recognized as
  132  a motel in the community in which it is situated or by the
  133  industry.
  134         (c) Vacation rental Resort condominium.—A vacation rental
  135  resort condominium is any unit or group of units in a
  136  condominium, cooperative, or timeshare plan or any individually
  137  or collectively owned single-family, two-family, or four-family
  138  house or dwelling unit that is also a transient public lodging
  139  establishment which is rented more than three times in a
  140  calendar year for periods of less than 30 days or 1 calendar
  141  month, whichever is less, or which is advertised or held out to
  142  the public as a place regularly rented for periods of less than
  143  30 days or 1 calendar month, whichever is less.
  144         (d) Nontransient apartment or roominghouse.—A nontransient
  145  apartment or roominghouse is a building or complex of buildings
  146  in which 75 percent or more of the units are available for rent
  147  to nontransient tenants.
  148         (e) Transient apartment or roominghouse.—A transient
  149  apartment or roominghouse is a building or complex of buildings
  150  in which more than 25 percent of the units are advertised or
  151  held out to the public as available for transient occupancy.
  152         (f) Roominghouse.—A roominghouse is any public lodging
  153  establishment that may not be classified as a hotel, motel,
  154  resort condominium, nontransient apartment, bed and breakfast
  155  inn, vacation rental, or transient apartment under this section.
  156  A roominghouse includes, but is not limited to, a boardinghouse.
  157         (g) Resort dwelling.—A resort dwelling is any individually
  158  or collectively owned one-family, two-family, three-family, or
  159  four-family dwelling house or dwelling unit which is rented more
  160  than three times in a calendar year for periods of less than 30
  161  days or 1 calendar month, whichever is less, or which is
  162  advertised or held out to the public as a place regularly rented
  163  for periods of less than 30 days or 1 calendar month, whichever
  164  is less.
  165         (g)(h)Bed and breakfast inn.—A bed and breakfast inn is a
  166  family home structure, with no more than 15 sleeping rooms,
  167  which has been modified to serve as a transient public lodging
  168  establishment, which provides the accommodation and meal
  169  services generally offered by a bed and breakfast inn, and which
  170  is recognized as a bed and breakfast inn in the community in
  171  which it is situated or by the hospitality industry.
  172         Section 6. Subsection (1) of section 509.251, Florida
  173  Statutes, is amended to read:
  174         509.251 License fees.—
  175         (1) The division shall adopt, by rule, a schedule of fees
  176  to be paid by each public lodging establishment as a
  177  prerequisite to issuance or renewal of a license. Such fees
  178  shall be based on the number of rental units in the
  179  establishment. The aggregate fee per establishment charged any
  180  public lodging establishment shall not exceed $1,000; however,
  181  the fees described in paragraphs (a) and (b) may not be included
  182  as part of the aggregate fee subject to this cap. Vacation
  183  rental Resort condominium units within separate buildings or at
  184  separate locations but managed by one licensed agent may be
  185  combined in a single license application, and the division shall
  186  charge a license fee as if all units in the application are in a
  187  single licensed establishment. Resort dwelling units may be
  188  licensed in the same manner as condominium units. The fee
  189  schedule shall require an establishment which applies for an
  190  initial license to pay the full license fee if application is
  191  made during the annual renewal period or more than 6 months
  192  prior to the next such renewal period and one-half of the fee if
  193  application is made 6 months or less prior to such period. The
  194  fee schedule shall include fees collected for the purpose of
  195  funding the Hospitality Education Program, pursuant to s.
  196  509.302, which are payable in full for each application
  197  regardless of when the application is submitted.
  198         (a) Upon making initial application or an application for
  199  change of ownership, the applicant shall pay to the division a
  200  fee as prescribed by rule, not to exceed $50, in addition to any
  201  other fees required by law, which shall cover all costs
  202  associated with initiating regulation of the establishment.
  203         (b) A license renewal filed with the division within 30
  204  days after the expiration date shall be accompanied by a
  205  delinquent fee as prescribed by rule, not to exceed $50, in
  206  addition to the renewal fee and any other fees required by law.
  207  A license renewal filed with the division more than 30 but not
  208  more than 60 days after the expiration date shall be accompanied
  209  by a delinquent fee as prescribed by rule, not to exceed $100,
  210  in addition to the renewal fee and any other fees required by
  211  law.
  212         Section 7. Subsection (1) of section 509.261, Florida
  213  Statutes, is amended to read:
  214         509.261 Revocation or suspension of licenses; fines;
  215  procedure.—
  216         (1) Any public lodging establishment or public food service
  217  establishment that has operated or is operating in violation of
  218  this chapter or the rules of the division, operating without a
  219  license, or operating with a suspended or revoked license may be
  220  subject by the division to:
  221         (a) Fines not to exceed $1,000 per offense;
  222         (b) Mandatory completion attendance, at personal expense,
  223  of a remedial at an educational program administered sponsored
  224  by a food safety training program provider approved by the
  225  division, as provided in s. 509.049 the Hospitality Education
  226  Program; and
  227         (c) The suspension, revocation, or refusal of a license
  228  issued pursuant to this chapter.
  229         Section 8. Subsection (1) of section 509.291, Florida
  230  Statutes, is amended to read:
  231         509.291 Advisory council.—
  232         (1) There is created a 10-member advisory council.
  233         (a) The Secretary of Business and Professional Regulation
  234  shall appoint six seven voting members to the advisory council.
  235  Each member appointed by the secretary must be an operator of an
  236  establishment licensed under this chapter and shall represent
  237  the industries regulated by the division, except that one member
  238  appointed by the secretary must be a layperson representing the
  239  general public and one member must be a hospitality education
  240  administrator from an institution of higher education of this
  241  state. Such members of the council shall serve staggered terms
  242  of 4 years.
  243         (b) The Florida Restaurant and Lodging Association shall
  244  designate one representative to serve as a voting member of the
  245  council. The Florida Vacation Rental Managers Association shall
  246  designate one representative to serve as a voting member of the
  247  council. The Florida Apartment Association and the Florida
  248  Association of Realtors shall each designate one representative
  249  to serve as a voting member of the council.
  250         (c) Any member who fails to attend three consecutive
  251  council meetings without good cause may be removed from the
  252  council by the secretary.
  253         Section 9. Paragraph (c) of subsection (8) of section
  254  381.008, Florida Statutes, is amended to read:
  255         381.008 Definitions of terms used in ss. 381.008
  256  381.00897.—As used in ss. 381.008-381.00897, the following words
  257  and phrases mean:
  258         (8) “Residential migrant housing”—A building, structure,
  259  mobile home, barracks, or dormitory, and any combination thereof
  260  on adjacent property which is under the same ownership,
  261  management, or control, and the land appertaining thereto, that
  262  is rented or reserved for occupancy by five or more seasonal or
  263  migrant farmworkers, except:
  264         (c) A hotel, or motel, or resort condominium, as described
  265  defined in chapter 509, that is furnished for transient
  266  occupancy.
  267         Section 10. Subsection (4) of section 386.203, Florida
  268  Statutes, is amended to read:
  269         386.203 Definitions.—As used in this part:
  270         (4) “Designated smoking guest rooms at public lodging
  271  establishments” means the sleeping rooms and directly associated
  272  private areas, such as bathrooms, living rooms, and kitchen
  273  areas, if any, rented to guests for their exclusive transient
  274  occupancy in public lodging establishments, including hotels,
  275  motels, vacation rentals resort condominiums, transient
  276  apartments, transient lodging establishments, rooming houses,
  277  boarding houses, resort dwellings, bed and breakfast inns, and
  278  the like; and designated by the person or persons having
  279  management authority over such public lodging establishment as
  280  rooms in which smoking may be permitted.
  281         Section 11. Sections 11 through 14 of this act may be cited
  282  as the “Tourist Safety Act of 2011.”
  283         Section 12. Section 509.144, Florida Statutes, is amended
  284  to read:
  285         509.144 Prohibited handbill distribution in a public
  286  lodging establishment; penalties.—
  287         (1) As used in this section, the term:
  288         (a) “Handbill” means a flier, leaflet, pamphlet, or other
  289  written material that advertises, promotes, or informs persons
  290  about a person an individual, business, company, or food service
  291  establishment, but does shall not include employee
  292  communications permissible under the National Labor Relations
  293  Act, other communications protected by the First Amendment to
  294  the United States Constitution, or communications about public
  295  health, safety, or welfare distributed by a federal, state, or
  296  local governmental entity or a public or private utility.
  297         (b) “Without permission” means without the expressed
  298  written or oral permission of the owner, manager, or agent of
  299  the owner or manager of the public lodging establishment where a
  300  sign is posted prohibiting advertising or solicitation in the
  301  manner provided in subsection (5) (4).
  302         (c) “At or in a public lodging establishment” means any
  303  property under the sole ownership or control of a public lodging
  304  establishment.
  305         (2) Any person individual, agent, contractor, or volunteer
  306  who is acting on behalf of a person an individual, business,
  307  company, or food service establishment and who, without
  308  permission, delivers, distributes, or places, or attempts to
  309  deliver, distribute, or place, a handbill at or in a public
  310  lodging establishment commits a misdemeanor of the first degree,
  311  punishable as provided in s. 775.082 or s. 775.083.
  312         (3) Any person who, without permission, directs another
  313  person to deliver, distribute, or place, or attempts to deliver,
  314  distribute, or place, a handbill at or in a public lodging
  315  establishment commits a misdemeanor of the first degree,
  316  punishable as provided in s. 775.082 or s. 775.083. Any person
  317  sentenced under this subsection shall be ordered to pay a
  318  minimum fine of $500 in addition to any other penalty imposed by
  319  the court.
  320         (4) In addition to any penalty imposed by the court, a
  321  person who violates subsection (2) or subsection (3):
  322         (a) Shall pay a minimum fine of $2,000 for a second
  323  violation.
  324         (b) Shall pay a minimum fine of $3,000 for a third or
  325  subsequent violation.
  326         (5)(4) For purposes of this section, a public lodging
  327  establishment that intends to prohibit advertising or
  328  solicitation, as described in this section, at or in such
  329  establishment must comply with the following requirements when
  330  posting a sign prohibiting such solicitation or advertising:
  331         (a) There must appear prominently on any sign referred to
  332  in this subsection, in letters of not less than 2 inches in
  333  height, the terms “no advertising” or “no solicitation” or terms
  334  that indicate the same meaning.
  335         (b) The sign must be posted conspicuously.
  336         (c) If the main office of the public lodging establishment
  337  is immediately accessible by entering the office through a door
  338  from a street, parking lot, grounds, or other area outside such
  339  establishment, the sign must be placed on a part of the main
  340  office, such as a door or window, and the sign must face the
  341  street, parking lot, grounds, or other area outside such
  342  establishment.
  343         (d) If the main office of the public lodging establishment
  344  is not immediately accessible by entering the office through a
  345  door from a street, parking lot, grounds, or other area outside
  346  such establishment, the sign must be placed in the immediate
  347  vicinity of the main entrance to such establishment, and the
  348  sign must face the street, parking lot, grounds, or other area
  349  outside such establishment.
  350         (6) Any personal property, including, but not limited to,
  351  any vehicle, item, object, tool, device, weapon, machine, money,
  352  security, book, or record, that is used or attempted to be used
  353  as an instrumentality in the commission of, or in aiding and
  354  abetting in the commission of, a person’s third or subsequent
  355  violation of this section, whether or not comprising an element
  356  of the offense, is subject to seizure and forfeiture under the
  357  Florida Contraband Forfeiture Act.
  358         Section 13. Section 901.1503, Florida Statutes, is created
  359  to read:
  360         901.1503 When notice to appear by officer without warrant
  361  is lawful.—A law enforcement officer may give a notice to appear
  362  to a person without a warrant when the officer has determined
  363  that he or she has probable cause to believe that a violation of
  364  s. 509.144 has been committed and the owner or manager of the
  365  public lodging establishment in which the violation occurred and
  366  one additional affiant sign an affidavit containing information
  367  that supports the officer’s determination of probable cause.
  368         Section 14. Paragraph (a) of subsection (2) of section
  369  932.701, Florida Statutes, is amended to read:
  370         932.701 Short title; definitions.—
  371         (2) As used in the Florida Contraband Forfeiture Act:
  372         (a) “Contraband article” means:
  373         1. Any controlled substance as defined in chapter 893 or
  374  any substance, device, paraphernalia, or currency or other means
  375  of exchange that was used, was attempted to be used, or was
  376  intended to be used in violation of any provision of chapter
  377  893, if the totality of the facts presented by the state is
  378  clearly sufficient to meet the state’s burden of establishing
  379  probable cause to believe that a nexus exists between the
  380  article seized and the narcotics activity, whether or not the
  381  use of the contraband article can be traced to a specific
  382  narcotics transaction.
  383         2. Any gambling paraphernalia, lottery tickets, money,
  384  currency, or other means of exchange which was used, was
  385  attempted, or intended to be used in violation of the gambling
  386  laws of the state.
  387         3. Any equipment, liquid or solid, which was being used, is
  388  being used, was attempted to be used, or intended to be used in
  389  violation of the beverage or tobacco laws of the state.
  390         4. Any motor fuel upon which the motor fuel tax has not
  391  been paid as required by law.
  392         5. Any personal property, including, but not limited to,
  393  any vessel, aircraft, item, object, tool, substance, device,
  394  weapon, machine, vehicle of any kind, money, securities, books,
  395  records, research, negotiable instruments, or currency, which
  396  was used or was attempted to be used as an instrumentality in
  397  the commission of, or in aiding or abetting in the commission
  398  of, any felony, whether or not comprising an element of the
  399  felony, or which is acquired by proceeds obtained as a result of
  400  a violation of the Florida Contraband Forfeiture Act.
  401         6. Any real property, including any right, title,
  402  leasehold, or other interest in the whole of any lot or tract of
  403  land, which was used, is being used, or was attempted to be used
  404  as an instrumentality in the commission of, or in aiding or
  405  abetting in the commission of, any felony, or which is acquired
  406  by proceeds obtained as a result of a violation of the Florida
  407  Contraband Forfeiture Act.
  408         7. Any personal property, including, but not limited to,
  409  equipment, money, securities, books, records, research,
  410  negotiable instruments, currency, or any vessel, aircraft, item,
  411  object, tool, substance, device, weapon, machine, or vehicle of
  412  any kind in the possession of or belonging to any person who
  413  takes aquaculture products in violation of s. 812.014(2)(c).
  414         8. Any motor vehicle offered for sale in violation of s.
  415  320.28.
  416         9. Any motor vehicle used during the course of committing
  417  an offense in violation of s. 322.34(9)(a).
  418         10. Any photograph, film, or other recorded image,
  419  including an image recorded on videotape, a compact disc,
  420  digital tape, or fixed disk, that is recorded in violation of s.
  421  810.145 and is possessed for the purpose of amusement,
  422  entertainment, sexual arousal, gratification, or profit, or for
  423  the purpose of degrading or abusing another person.
  424         11. Any real property, including any right, title,
  425  leasehold, or other interest in the whole of any lot or tract of
  426  land, which is acquired by proceeds obtained as a result of
  427  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
  428  property, including, but not limited to, equipment, money,
  429  securities, books, records, research, negotiable instruments, or
  430  currency; or any vessel, aircraft, item, object, tool,
  431  substance, device, weapon, machine, or vehicle of any kind in
  432  the possession of or belonging to any person which is acquired
  433  by proceeds obtained as a result of Medicaid fraud under s.
  434  409.920 or s. 409.9201.
  435         12. Any personal property, including, but not limited to,
  436  any vehicle, item, object, tool, device, weapon, machine, money,
  437  security, book, or record, that is used or attempted to be used
  438  as an instrumentality in the commission of, or in aiding and
  439  abetting in the commission of, a person’s third or subsequent
  440  violation of s. 509.144, whether or not comprising an element of
  441  the offense.
  442         Section 15. The amendments made to ss. 509.144 and 932.701,
  443  Florida Statutes, and the creation of s. 901.1503, Florida
  444  Statutes, by this act do not affect or impede the provisions of
  445  s. 790.251, Florida Statutes, or any other protection or right
  446  guaranteed by the Second Amendment to the United States
  447  Constitution.
  448         Section 16. This act shall take effect upon becoming a law.
  449  
  450  ================= T I T L E A M E N D M E N T ================
  451  And the title is amended as follows:
  452  
  453         Delete everything before the enacting clause
  454  and insert:
  455                        A bill to be entitled                      
  456         An act relating to public lodging establishments and
  457         public food service establishments; amending s.
  458         509.013, F.S.; excluding nonprofit organizations
  459         providing certain housing from the definition of
  460         “public lodging establishment”; amending s. 509.032,
  461         F.S.; conforming provisions to changes made by the
  462         act; prohibiting local governments from regulating,
  463         restricting, or prohibiting vacation rentals based
  464         solely on their classification, use, or occupancy;
  465         providing exceptions; revising authority preempted to
  466         the state with regard to regulation of public lodging
  467         establishments and public food service establishments;
  468         amending ss. 509.221 and 509.241, F.S.; conforming
  469         provisions to changes made by the act; amending s.
  470         509.242, F.S.; providing that public lodging
  471         establishments formerly classified as resort
  472         condominiums and resort dwellings are classified as
  473         vacation rentals; defining the term “vacation rental”;
  474         amending s. 509.251, F.S.; conforming provisions to
  475         changes made by the act; amending s. 509.261, F.S.;
  476         revising penalties for public lodging establishments
  477         and public food service establishments operating
  478         without a valid license; amending s. 509.291, F.S.;
  479         revising membership of the advisory council of the
  480         Division of Hotels and Restaurants of the Department
  481         of Business and Professional Regulation; requiring the
  482         Florida Vacation Rental Managers Association to
  483         designate a member to serve on the advisory council;
  484         amending ss. 381.008 and 386.203, F.S.; conforming
  485         provisions to changes made by the act; providing a
  486         short title; amending s. 509.144, F.S.; revising
  487         definitions; providing additional penalties for the
  488         offense of unlawfully distributing handbills in a
  489         public lodging establishment; specifying that certain
  490         items used in committing such offense are subject to
  491         seizure and forfeiture under the Florida Contraband
  492         Forfeiture Act; creating s. 901.1503, F.S.;
  493         authorizing a law enforcement officer to give a notice
  494         to appear to a person without a warrant when there is
  495         probable cause to believe the person violated s.
  496         509.144, F.S., and the owner or manager of the public
  497         lodging establishment and one additional affiant sign
  498         an affidavit containing information supporting the
  499         determination of probable cause; amending s. 932.701,
  500         F.S.; revising the definition of the term “contraband
  501         article”; providing that specified portions of the act
  502         do not affect or impede specified statutory provisions
  503         or any protection or right guaranteed by the Second
  504         Amendment to the United States Constitution; providing
  505         an effective date.