April 07, 2020
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_h7173__
HB 7173

1
A bill to be entitled
2An act relating to handbill distribution; amending s.
3509.144, F.S.; revising definitions to require that
4permission to distribute handbills be written; providing
5additional penalties; specifying that certain items are
6subject to seizure and forfeiture; amending s. 901.15,
7F.S.; authorizing a law enforcement officer to arrest a
8person without a warrant when there is probable cause to
9believe the person violated s. 509.144, F.S., and the
10owner or manager of the public lodging establishment signs
11an affidavit containing information supporting the
12probable cause determination; amending s. 932.701, F.S.;
13revising the definition of the term "contraband" to
14include items subject to seizure and forfeiture for
15certain violations of s. 509.144, F.S.; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 509.144, Florida Statutes, is amended
21to read:
22     509.144  Prohibited handbill distribution in a public
23lodging establishment; penalties.-
24     (1)  As used in this section, the term:
25     (a)  "Handbill" means a flier, leaflet, pamphlet, or other
26written material that advertises, promotes, or informs persons
27about an individual, business, company, or food service
28establishment, but shall not include employee communications
29permissible under the National Labor Relations Act.
30     (b)  "Without permission" means without the expressed
31written or oral permission of the owner, manager, or agent of
32the owner or manager of the public lodging establishment where a
33sign is posted prohibiting advertising or solicitation in the
34manner provided in subsection (5) (4).
35     (c)  "At or in a public lodging establishment" means any
36property under the sole ownership or control of a public lodging
37establishment.
38     (2)  Any individual, agent, contractor, or volunteer who is
39acting on behalf of an individual, business, company, or food
40service establishment and who, without permission, delivers,
41distributes, or places, or attempts to deliver, distribute, or
42place, a handbill at or in a public lodging establishment
43commits a misdemeanor of the first degree, punishable as
44provided in s. 775.082 or s. 775.083.
45     (3)  Any person who, without permission, directs another
46person to deliver, distribute, or place, or attempts to deliver,
47distribute, or place, a handbill at or in a public lodging
48establishment commits a misdemeanor of the first degree,
49punishable as provided in s. 775.082 or s. 775.083. Any person
50sentenced under this subsection shall be ordered to pay a
51minimum fine of $1,000 $500 in addition to any other penalty
52imposed by the court.
53     (4)  In addition to any other penalty imposed by the court,
54a person who violates subsection (2) or (3):
55     (a)  A second time shall be ordered to pay a minimum fine
56of $2,000.
57     (b)  A third or subsequent time shall be ordered to pay a
58minimum fine of $3,000.
59     (5)(4)  For purposes of this section, a public lodging
60establishment that intends to prohibit advertising or
61solicitation, as described in this section, at or in such
62establishment must comply with the following requirements when
63posting a sign prohibiting such solicitation or advertising:
64     (a)  There must appear prominently on any sign referred to
65in this subsection, in letters of not less than 2 inches in
66height, the terms "no advertising" or "no solicitation" or terms
67that indicate the same meaning.
68     (b)  The sign must be posted conspicuously.
69     (c)  If the main office of the public lodging establishment
70is immediately accessible by entering the office through a door
71from a street, parking lot, grounds, or other area outside such
72establishment, the sign must be placed on a part of the main
73office, such as a door or window, and the sign must face the
74street, parking lot, grounds, or other area outside such
75establishment.
76     (d)  If the main office of the public lodging establishment
77is not immediately accessible by entering the office through a
78door from a street, parking lot, grounds, or other area outside
79such establishment, the sign must be placed in the immediate
80vicinity of the main entrance to such establishment, and the
81sign must face the street, parking lot, grounds, or other area
82outside such establishment.
83     (6)  Any personal property, including, but not limited to,
84any vehicle of any kind, item, object, tool, device, weapon,
85machine, money, securities, books, or records, which was used or
86was attempted to be used as an instrumentality in the commission
87of, or in aiding and abetting in the commission of, a person's
88third or subsequent violation of this section, regardless of
89whether the usage or attempted usage comprised an element of the
90offense, is subject to seizure and forfeiture under the Florida
91Contraband Forfeiture Act.
92     Section 2.  Subsection (16) is added to section 901.15,
93Florida Statutes, to read:
94     901.15  When arrest by officer without warrant is lawful.-A
95law enforcement officer may arrest a person without a warrant
96when:
97     (16)  The officer has determined that he or she has
98probable cause to believe that a violation of s. 509.144 has
99been committed and the owner or manager of the public lodging
100establishment in which the violation occurred signs an affidavit
101containing information that supports the officer's probable
102cause determination.
103     Section 3.  Paragraph (a) of subsection (2) of section
104932.701, 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
109any substance, device, paraphernalia, or currency or other means
110of exchange that was used, was attempted to be used, or was
111intended to be used in violation of any provision of chapter
112893, if the totality of the facts presented by the state is
113clearly sufficient to meet the state's burden of establishing
114probable cause to believe that a nexus exists between the
115article seized and the narcotics activity, whether or not the
116use of the contraband article can be traced to a specific
117narcotics transaction.
118     2.  Any gambling paraphernalia, lottery tickets, money,
119currency, or other means of exchange which was used, was
120attempted, or intended to be used in violation of the gambling
121laws of the state.
122     3.  Any equipment, liquid or solid, which was being used,
123is being used, was attempted to be used, or intended to be used
124in violation of the beverage or tobacco laws of the state.
125     4.  Any motor fuel upon which the motor fuel tax has not
126been paid as required by law.
127     5.  Any personal property, including, but not limited to,
128any vessel, aircraft, item, object, tool, substance, device,
129weapon, machine, vehicle of any kind, money, securities, books,
130records, research, negotiable instruments, or currency, which
131was used or was attempted to be used as an instrumentality in
132the commission of, or in aiding or abetting in the commission
133of, any felony, whether or not comprising an element of the
134felony, or which is acquired by proceeds obtained as a result of
135a violation of the Florida Contraband Forfeiture Act.
136     6.  Any real property, including any right, title,
137leasehold, or other interest in the whole of any lot or tract of
138land, which was used, is being used, or was attempted to be used
139as an instrumentality in the commission of, or in aiding or
140abetting in the commission of, any felony, or which is acquired
141by proceeds obtained as a result of a violation of the Florida
142Contraband Forfeiture Act.
143     7.  Any personal property, including, but not limited to,
144equipment, money, securities, books, records, research,
145negotiable instruments, currency, or any vessel, aircraft, item,
146object, tool, substance, device, weapon, machine, or vehicle of
147any kind in the possession of or belonging to any person who
148takes aquaculture products in violation of s. 812.014(2)(c).
149     8.  Any motor vehicle offered for sale in violation of s.
150320.28.
151     9.  Any motor vehicle used during the course of committing
152an offense in violation of s. 322.34(9)(a).
153     10.  Any photograph, film, or other recorded image,
154including an image recorded on videotape, a compact disc,
155digital tape, or fixed disk, that is recorded in violation of s.
156810.145 and is possessed for the purpose of amusement,
157entertainment, sexual arousal, gratification, or profit, or for
158the purpose of degrading or abusing another person.
159     11.  Any real property, including any right, title,
160leasehold, or other interest in the whole of any lot or tract of
161land, which is acquired by proceeds obtained as a result of
162Medicaid fraud under s. 409.920 or s. 409.9201; any personal
163property, including, but not limited to, equipment, money,
164securities, books, records, research, negotiable instruments, or
165currency; or any vessel, aircraft, item, object, tool,
166substance, device, weapon, machine, or vehicle of any kind in
167the possession of or belonging to any person which is acquired
168by proceeds obtained as a result of Medicaid fraud under s.
169409.920 or s. 409.9201.
170     12.  Any personal property, including, but not limited to,
171any vehicle of any kind, item, object, tool, device, weapon,
172machine, money, securities, books, or records, which was used or
173was attempted to be used as an instrumentality in the commission
174of, or in aiding and abetting in the commission of, a person's
175third or subsequent violation of s. 509.144, regardless of
176whether the usage or attempted usage comprised an element of the
177offense.
178     Section 4.  This act shall take effect October 1, 2010.


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