HB 63

1	A bill to be entitled
2	An act relating to handbill distribution; providing a
3	short title; amending s. 509.144, F.S.; revising
4	definitions; providing additional penalties for the
5	offense of unlawfully distributing handbills in a public
6	lodging establishment; specifying that certain items used
7	in committing such offense are subject to seizure and
8	forfeiture under the Florida Contraband Forfeiture Act;
9	amending s. 901.15, F.S.; authorizing a law enforcement
10	officer to arrest a person without a warrant when there is
11	probable cause to believe the person violated s. 509.144,
12	F.S., and the owner or manager of the public lodging
13	establishment signs an affidavit containing information
14	supporting the determination of probable cause; amending
15	s. 932.701, F.S.; revising the definition of the term
16	"contraband"; providing that this act does not affect or
17	impede the provisions of a specified state statute or any
18	protection or right guaranteed by the Second Amendment to
19	the United States Constitution; providing an effective
20	date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  This act may be cited as the "Tourist Safety
25	Act of 2011."
26	Section 2.  Section 509.144, Florida Statutes, is amended
27	to read:
28	509.144  Prohibited handbill distribution in a public
29	lodging establishment; penalties.-
30	(1)  As used in this section, the term:
31	(a)  "Handbill" means a flier, leaflet, pamphlet, or other
32	written material that advertises, promotes, or informs persons
33	about a person an individual, business, company, or food service
34	establishment, but does shall not include employee
35	communications permissible under the National Labor Relations
36	Act or other communications protected by the First Amendment to
37	the United States Constitution.
38	(b)  "Without permission" means without the expressed
39	written or oral permission of the owner, manager, or agent of
40	the owner or manager of the public lodging establishment where a
41	sign is posted prohibiting advertising or solicitation in the
42	manner provided in subsection (5) (4).
43	(c)  "At or in a public lodging establishment" means any
44	property under the sole ownership or control of a public lodging
45	establishment.
46	(2)  Any person individual, agent, contractor, or volunteer
47	who is acting on behalf of a person an individual, business,
48	company, or food service establishment and who, without
49	permission, delivers, distributes, or places, or attempts to
50	deliver, distribute, or place, a handbill at or in a public
51	lodging establishment commits a misdemeanor of the first degree,
52	punishable as provided in s. 775.082 or s. 775.083.
53	(3)  Any person who, without permission, directs another
54	person to deliver, distribute, or place, or attempts to deliver,
55	distribute, or place, a handbill at or in a public lodging
56	establishment commits a misdemeanor of the first degree,
57	punishable as provided in s. 775.082 or s. 775.083. Any person
58	sentenced under this subsection shall be ordered to pay a
59	minimum fine of $1,000 $500 in addition to any other penalty
60	imposed by the court.
61	(4)  In addition to any other penalty imposed by the court,
62	a person who violates subsection (2) or subsection (3):
63	(a)  A second time shall be ordered to pay a minimum fine
64	of $2,000.
65	(b)  A third or subsequent time shall be ordered to pay a
66	minimum fine of $3,000.
67	(5)(4)  For purposes of this section, a public lodging
68	establishment that intends to prohibit advertising or
69	solicitation, as described in this section, at or in such
70	establishment must comply with the following requirements when
71	posting a sign prohibiting such solicitation or advertising:
72	(a)  There must appear prominently on any sign referred to
73	in this subsection, in letters of not less than 2 inches in
74	height, the terms "no advertising" or "no solicitation" or terms
75	that indicate the same meaning.
76	(b)  The sign must be posted conspicuously.
77	(c)  If the main office of the public lodging establishment
78	is immediately accessible by entering the office through a door
79	from a street, parking lot, grounds, or other area outside such
80	establishment, the sign must be placed on a part of the main
81	office, such as a door or window, and the sign must face the
82	street, parking lot, grounds, or other area outside such
83	establishment.
84	(d)  If the main office of the public lodging establishment
85	is not immediately accessible by entering the office through a
86	door from a street, parking lot, grounds, or other area outside
87	such establishment, the sign must be placed in the immediate
88	vicinity of the main entrance to such establishment, and the
89	sign must face the street, parking lot, grounds, or other area
90	outside such establishment.
91	(6)  Any personal property, including, but not limited to,
92	any vehicle of any kind, item, object, tool, device, weapon,
93	machine, money, security, book, or record, that is used or
94	attempted to be used as an instrumentality in the commission of,
95	or in aiding and abetting in the commission of, a person's third
96	or subsequent violation of this section, whether or not
97	comprising an element of the offense, is subject to seizure and
98	forfeiture under the Florida Contraband Forfeiture Act.
99	Section 3.  Subsection (16) is added to section 901.15,
100	Florida Statutes, to read:
101	901.15  When arrest by officer without warrant is lawful.-A
102	law enforcement officer may arrest a person without a warrant
103	when:
104	(16)  The officer has determined that he or she has
105	probable cause to believe that a violation of s. 509.144 has
106	been committed and the owner or manager of the public lodging
107	establishment in which the violation occurred signs an affidavit
108	containing information that supports the officer's determination
109	of probable cause.
110	Section 4.  Paragraph (a) of subsection (2) of section
111	932.701, Florida Statutes, is amended to read:
112	932.701  Short title; definitions.-
113	(2)  As used in the Florida Contraband Forfeiture Act:
114	(a)  "Contraband article" means:
115	1.  Any controlled substance as defined in chapter 893 or
116	any substance, device, paraphernalia, or currency or other means
117	of exchange that was used, was attempted to be used, or was
118	intended to be used in violation of any provision of chapter
119	893, if the totality of the facts presented by the state is
120	clearly sufficient to meet the state's burden of establishing
121	probable cause to believe that a nexus exists between the
122	article seized and the narcotics activity, whether or not the
123	use of the contraband article can be traced to a specific
124	narcotics transaction.
125	2.  Any gambling paraphernalia, lottery tickets, money,
126	currency, or other means of exchange which was used, was
127	attempted, or intended to be used in violation of the gambling
128	laws of the state.
129	3.  Any equipment, liquid or solid, which was being used,
130	is being used, was attempted to be used, or intended to be used
131	in violation of the beverage or tobacco laws of the state.
132	4.  Any motor fuel upon which the motor fuel tax has not
133	been paid as required by law.
134	5.  Any personal property, including, but not limited to,
135	any vessel, aircraft, item, object, tool, substance, device,
136	weapon, machine, vehicle of any kind, money, securities, books,
137	records, research, negotiable instruments, or currency, which
138	was used or was attempted to be used as an instrumentality in
139	the commission of, or in aiding or abetting in the commission
140	of, any felony, whether or not comprising an element of the
141	felony, or which is acquired by proceeds obtained as a result of
142	a violation of the Florida Contraband Forfeiture Act.
143	6.  Any real property, including any right, title,
144	leasehold, or other interest in the whole of any lot or tract of
145	land, which was used, is being used, or was attempted to be used
146	as an instrumentality in the commission of, or in aiding or
147	abetting in the commission of, any felony, or which is acquired
148	by proceeds obtained as a result of a violation of the Florida
149	Contraband Forfeiture Act.
150	7.  Any personal property, including, but not limited to,
151	equipment, money, securities, books, records, research,
152	negotiable instruments, currency, or any vessel, aircraft, item,
153	object, tool, substance, device, weapon, machine, or vehicle of
154	any kind in the possession of or belonging to any person who
155	takes aquaculture products in violation of s. 812.014(2)(c).
156	8.  Any motor vehicle offered for sale in violation of s.
157	320.28.
158	9.  Any motor vehicle used during the course of committing
159	an offense in violation of s. 322.34(9)(a).
160	10.  Any photograph, film, or other recorded image,
161	including an image recorded on videotape, a compact disc,
162	digital tape, or fixed disk, that is recorded in violation of s.
163	810.145 and is possessed for the purpose of amusement,
164	entertainment, sexual arousal, gratification, or profit, or for
165	the purpose of degrading or abusing another person.
166	11.  Any real property, including any right, title,
167	leasehold, or other interest in the whole of any lot or tract of
168	land, which is acquired by proceeds obtained as a result of
169	Medicaid fraud under s. 409.920 or s. 409.9201; any personal
170	property, including, but not limited to, equipment, money,
171	securities, books, records, research, negotiable instruments, or
172	currency; or any vessel, aircraft, item, object, tool,
173	substance, device, weapon, machine, or vehicle of any kind in
174	the possession of or belonging to any person which is acquired
175	by proceeds obtained as a result of Medicaid fraud under s.
176	409.920 or s. 409.9201.
177	12.  Any personal property, including, but not limited to,
178	any vehicle of any kind, item, object, tool, device, weapon,
179	machine, money, security, book, or record, that is used or
180	attempted to be used as an instrumentality in the commission of,
181	or in aiding and abetting in the commission of, a person's third
182	or subsequent violation of s. 509.144, whether or not comprising
183	an element of the offense.
184	Section 5.  This act does not affect or impede the
185	provisions of s. 790.251, Florida Statutes, or any other
186	protection or right guaranteed by the Second Amendment to the
187	United States Constitution.
188	Section 6.  This act shall take effect October 1, 2011.

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