CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-06 Bill No. HB 1719
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Brown offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Subsection (3) is added to section 120.695,
18 Florida Statutes, to read:
19 120.695 Notice of noncompliance.--
20 (3)(a) An agency that collects taxes or regulates the
21 activities of any profession, occupation, or business and that
22 has knowledge that a person may have violated a rule
23 applicable to the payment of those taxes or applicable to the
24 profession, occupation, or business may not institute a
25 criminal, civil, or administrative proceeding against the
26 person to impose a penalty for, or to compel compliance with,
27 a minor violation of the rule until it informs the person of
28 the requirements of the rule and gives the person a reasonable
29 time to comply.
30 (b) In any criminal, civil, or administrative
31 proceeding to impose a penalty for, or to compel compliance
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File original & 9 copies 03/30/98
hbd0005 03:30 pm 01719-0069-100407
HOUSE AMENDMENT
hbd-06 Bill No. HB 1719
Amendment No. (for drafter's use only)
1 with, a minor violation of a rule, it is a defense that the
2 agency has a pattern of failure to enforce the rule with
3 respect to substantially the same violation committed by
4 others. An agency may begin to enforce the rule prospectively
5 where it has failed to enforce the rule previously if it
6 provides notice to those affected, either directly when
7 possible, or if not, in the Florida Administrative Weekly, of
8 the agency's intent to begin enforcement of that rule.
9 (c) An agency that collects taxes or regulates the
10 activities of any profession, occupation, or business and that
11 has actual knowledge that a person may have committed a minor
12 violation of a rule applicable to the payment of those taxes
13 or applicable to the profession, occupation, or business or,
14 with the exercise of due diligence, should have known of the
15 violation, is estopped from enforcing the rule retroactively
16 against that person if the agency had actual or imputed
17 knowledge of the violation for a period of more than 1 year
18 and did not give the violator notice of the requirements of
19 the rule within that time.
20 (d) The prohibitions of this section do not apply if
21 the violation constitutes a violation of a federal regulation
22 or state statute, if the violation is a felony under state
23 law, if the violation imminently affects the health, safety,
24 or welfare of the public, or if the violator had prior
25 constructive knowledge of the requirements of the rule.
26 Section 2. This act shall take effect upon becoming a
27 law.
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30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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File original & 9 copies 03/30/98
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HOUSE AMENDMENT
hbd-06 Bill No. HB 1719
Amendment No. (for drafter's use only)
1 On page 1, line 3, after "businesses;"
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4 amending s. 120.695, F.S.;
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File original & 9 copies 03/30/98
hbd0005 03:30 pm 01719-0069-100407