May 24, 2019
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       Florida Senate - 2010                             CS for SB 2584
       
       
       
       By the Committee on Criminal Justice; and Senator Altman
       
       
       
       
       591-04374-10                                          20102584c1
    1                        A bill to be entitled                      
    2         An act relating to handbill distribution; amending s.
    3         509.144, F.S.; revising definitions; providing
    4         additional penalties for the offense of unlawfully
    5         distributing handbills in a public lodging
    6         establishment; specifying that certain items used in
    7         committing such offense are subject to seizure and
    8         forfeiture under the Florida Contraband Forfeiture
    9         Act; amending s. 901.15, F.S.; authorizing a law
   10         enforcement officer to arrest a person without a
   11         warrant when there is probable cause to believe the
   12         person violated s. 509.144, F.S., and where the owner
   13         or manager of the public lodging establishment signs
   14         an affidavit containing information supporting the
   15         determination of probable cause; amending s. 932.701,
   16         F.S.; revising the definition of the term
   17         “contraband”; providing that the terms and provisions
   18         of the act do not affect or impede the provisions of a
   19         specified state statute or any protection or right
   20         guaranteed by the Second Amendment to the United
   21         States Constitution; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 509.144, Florida Statutes, is amended to
   26  read:
   27         509.144 Prohibited handbill distribution in a public
   28  lodging establishment; penalties.—
   29         (1) As used in this section, the term:
   30         (a) “Handbill” means a flier, leaflet, pamphlet, or other
   31  written material that advertises, promotes, or informs persons
   32  about an individual, business, company, or food service
   33  establishment, but does shall not include employee
   34  communications permissible under the National Labor Relations
   35  Act or other communication protected by the First Amendment to
   36  the United States Constitution.
   37         (b) “Without permission” means without the expressed
   38  written or oral permission of the owner, manager, or agent of
   39  the owner or manager of the public lodging establishment where a
   40  sign is posted prohibiting advertising or solicitation in the
   41  manner provided in subsection (5) (4).
   42         (c) “At or in a public lodging establishment” means any
   43  property under the sole ownership or control of a public lodging
   44  establishment.
   45         (2) Any person individual, agent, contractor, or volunteer
   46  who is acting on behalf of a person an individual, business,
   47  company, or food service establishment and who, without
   48  permission, delivers, distributes, or places, or attempts to
   49  deliver, distribute, or place, a handbill at or in a public
   50  lodging establishment commits a misdemeanor of the first degree,
   51  punishable as provided in s. 775.082 or s. 775.083.
   52         (3) Any person who, without permission, directs another
   53  person to deliver, distribute, or place, or attempts to deliver,
   54  distribute, or place, a handbill at or in a public lodging
   55  establishment commits a misdemeanor of the first degree,
   56  punishable as provided in s. 775.082 or s. 775.083. Any person
   57  sentenced under this subsection shall be ordered to pay a
   58  minimum fine of $1,000 $500 in addition to any other penalty
   59  imposed by the court.
   60         (4)In addition to any other penalty imposed by the court,
   61  a person who violates subsection (2) or subsection (3):
   62         (a)A second time shall be ordered to pay a minimum fine of
   63  $2,000.
   64         (b)A third or subsequent time shall be ordered to pay a
   65  minimum fine of $3,000.
   66         (5)(4) For purposes of this section, a public lodging
   67  establishment that intends to prohibit advertising or
   68  solicitation, as described in this section, at or in such
   69  establishment must comply with the following requirements when
   70  posting a sign prohibiting such solicitation or advertising:
   71         (a) There must appear prominently on any sign referred to
   72  in this subsection, in letters of not less than 2 inches in
   73  height, the terms “no advertising” or “no solicitation” or terms
   74  that indicate the same meaning.
   75         (b) The sign must be posted conspicuously.
   76         (c) If the main office of the public lodging establishment
   77  is immediately accessible by entering the office through a door
   78  from a street, parking lot, grounds, or other area outside such
   79  establishment, the sign must be placed on a part of the main
   80  office, such as a door or window, and the sign must face the
   81  street, parking lot, grounds, or other area outside such
   82  establishment.
   83         (d) If the main office of the public lodging establishment
   84  is not immediately accessible by entering the office through a
   85  door from a street, parking lot, grounds, or other area outside
   86  such establishment, the sign must be placed in the immediate
   87  vicinity of the main entrance to such establishment, and the
   88  sign must face the street, parking lot, grounds, or other area
   89  outside such establishment.
   90         (6)Any personal property, including, but not limited to,
   91  any vehicle of any kind, item, object, tool, device, weapon,
   92  machine, money, securities, books, or records, which is used or
   93  attempted to be used as an instrumentality in the commission of,
   94  or in aiding and abetting in the commission of, a person’s third
   95  or subsequent violation of this section, whether or not
   96  comprising an element of the offense, is subject to seizure and
   97  forfeiture under the Florida Contraband Forfeiture Act.
   98         Section 2. Subsection (16) is added to section 901.15,
   99  Florida Statutes, to read:
  100         901.15 When arrest by officer without warrant is lawful.—A
  101  law enforcement officer may arrest a person without a warrant
  102  when:
  103         (16)The officer has determined that he or she has probable
  104  cause to believe that a violation of s. 509.144 has been
  105  committed and where the owner or manager of the public lodging
  106  establishment in which the violation occurred signs an affidavit
  107  containing information that supports the officer’s determination
  108  of probable cause.
  109         Section 3. Paragraph (a) of subsection (2) of section
  110  932.701, Florida Statutes, is amended to read:
  111         932.701 Short title; definitions.—
  112         (2) As used in the Florida Contraband Forfeiture Act:
  113         (a) “Contraband article” means:
  114         1. Any controlled substance as defined in chapter 893 or
  115  any substance, device, paraphernalia, or currency or other means
  116  of exchange that was used, was attempted to be used, or was
  117  intended to be used in violation of any provision of chapter
  118  893, if the totality of the facts presented by the state is
  119  clearly sufficient to meet the state’s burden of establishing
  120  probable cause to believe that a nexus exists between the
  121  article seized and the narcotics activity, whether or not the
  122  use of the contraband article can be traced to a specific
  123  narcotics transaction.
  124         2. Any gambling paraphernalia, lottery tickets, money,
  125  currency, or other means of exchange which was used, was
  126  attempted, or intended to be used in violation of the gambling
  127  laws of the state.
  128         3. Any equipment, liquid or solid, which was being used, is
  129  being used, was attempted to be used, or intended to be used in
  130  violation of the beverage or tobacco laws of the state.
  131         4. Any motor fuel upon which the motor fuel tax has not
  132  been paid as required by law.
  133         5. Any personal property, including, but not limited to,
  134  any vessel, aircraft, item, object, tool, substance, device,
  135  weapon, machine, vehicle of any kind, money, securities, books,
  136  records, research, negotiable instruments, or currency, which
  137  was used or was attempted to be used as an instrumentality in
  138  the commission of, or in aiding or abetting in the commission
  139  of, any felony, whether or not comprising an element of the
  140  felony, or which is acquired by proceeds obtained as a result of
  141  a violation of the Florida Contraband Forfeiture Act.
  142         6. Any real property, including any right, title,
  143  leasehold, or other interest in the whole of any lot or tract of
  144  land, which was used, is being used, or was attempted to be used
  145  as an instrumentality in the commission of, or in aiding or
  146  abetting in the commission of, any felony, or which is acquired
  147  by proceeds obtained as a result of a violation of the Florida
  148  Contraband Forfeiture Act.
  149         7. Any personal property, including, but not limited to,
  150  equipment, money, securities, books, records, research,
  151  negotiable instruments, currency, or any vessel, aircraft, item,
  152  object, tool, substance, device, weapon, machine, or vehicle of
  153  any kind in the possession of or belonging to any person who
  154  takes aquaculture products in violation of s. 812.014(2)(c).
  155         8. Any motor vehicle offered for sale in violation of s.
  156  320.28.
  157         9. Any motor vehicle used during the course of committing
  158  an offense in violation of s. 322.34(9)(a).
  159         10. Any photograph, film, or other recorded image,
  160  including an image recorded on videotape, a compact disc,
  161  digital tape, or fixed disk, that is recorded in violation of s.
  162  810.145 and is possessed for the purpose of amusement,
  163  entertainment, sexual arousal, gratification, or profit, or for
  164  the purpose of degrading or abusing another person.
  165         11. Any real property, including any right, title,
  166  leasehold, or other interest in the whole of any lot or tract of
  167  land, which is acquired by proceeds obtained as a result of
  168  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
  169  property, including, but not limited to, equipment, money,
  170  securities, books, records, research, negotiable instruments, or
  171  currency; or any vessel, aircraft, item, object, tool,
  172  substance, device, weapon, machine, or vehicle of any kind in
  173  the possession of or belonging to any person which is acquired
  174  by proceeds obtained as a result of Medicaid fraud under s.
  175  409.920 or s. 409.9201.
  176         12.Any personal property, including, but not limited to,
  177  any vehicle of any kind, item, object, tool, device, weapon,
  178  machine, money, securities, books, or records, which is used or
  179  attempted to be used as an instrumentality in the commission of,
  180  or in aiding and abetting in the commission of, a person’s third
  181  or subsequent violation of s. 509.144, whether or not comprising
  182  an element of the offense.
  183         Section 4. The terms and provisions of the act do not
  184  affect or impede the provisions of s. 790.251, Florida Statutes,
  185  or any other protection or right guaranteed by the Second
  186  Amendment to the United States Constitution.
  187         Section 5. This act shall take effect October 1, 2010.

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