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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 5                                           ORIGINAL STAMP BELOW

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10                                                                

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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29

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
    hbd0005                     03:30 pm         01719-0069-100407




                                                   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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 3  insert:

 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