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 |
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50 | Be It Enacted by the Legislature of the State of Florida: |
51 |
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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 |
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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. |