House Bill 0173

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    Florida House of Representatives - 1999                 HB 173

        By Representative Argenziano






  1                      A bill to be entitled

  2         An act relating to state agency rules;

  3         requiring certain state agencies to inform a

  4         person of the requirements of certain rules

  5         before imposing a penalty or compelling

  6         compliance with the rule under certain

  7         conditions; providing exceptions; providing a

  8         defense in proceedings to impose a penalty for

  9         violation of, or compel compliance with, such

10         rules; prohibiting such agencies from enforcing

11         such rules under certain conditions; providing

12         application; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  (1)  A state agency that collects taxes or

17  regulates the activities of any profession, occupation, or

18  business and that has knowledge that a person has violated one

19  of the rules applicable to the payment of those taxes or

20  applicable to the profession, occupation, or business may not

21  institute a criminal, civil, or administrative proceeding

22  against the person to impose a penalty for the violation or to

23  compel compliance with the rule until it informs the person of

24  the requirements of the rule and gives the person a reasonable

25  time to comply.  However, this prohibition does not apply if

26  the violation constitutes a felony under state law, or if the

27  violator had prior actual knowledge of the requirements of the

28  rule, or if it would affect an agency's ability to obtain or

29  retain a federally delegated or approved environmental

30  program. This prohibition does not apply if the agency

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






    Florida House of Representatives - 1999                 HB 173

    576-128-99






  1  determines the violation constitutes an imminent detriment to

  2  the public health, safety, and welfare.

  3         (2)  In any criminal, civil, or administrative

  4  proceeding to impose a penalty for a violation of, or to

  5  compel compliance with, the rule, it is a defense that the

  6  state agency has a demonstrated pattern of failure to enforce

  7  the rule with respect to substantially the same violation

  8  committed by others.

  9         Section 2.  A state agency that collects taxes or

10  regulates the activities of any profession, occupation, or

11  business and that has actual knowledge that a person has

12  violated one of the rules applicable to the payment of those

13  taxes or applicable to the profession, occupation, or business

14  or, with the exercise of due diligence, should have known of

15  the violation, is estopped from enforcing the rule against the

16  person if the state agency had actual or imputed knowledge of

17  the violation for a period of more than 1 year and did not

18  give the violator notice of the requirements of the rule

19  within that time period.

20         Section 3.  This act does not apply to taxes,

21  penalties, fees, surcharges, or interest imposed by statute.

22         Section 4.  This act does not apply to rules directly

23  related to the practice of a profession, occupation, or

24  business subject to licensure by the state.

25         Section 5.  This act shall take effect upon becoming a

26  law.

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






    Florida House of Representatives - 1999                 HB 173

    576-128-99






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  2                          HOUSE SUMMARY

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      Requires a state agency that collects taxes or regulates
  4    a profession or business to inform a person of the
      requirements of certain rules before imposing a penalty
  5    or compelling compliance if the person did not have prior
      knowledge of the rule, except under specified
  6    circumstances. Provides a defense in proceedings to
      impose a penalty for violation of, or compel compliance
  7    with, such rules. Prohibits such agencies from enforcing
      such rules under certain conditions. Does not apply to
  8    taxes or penalties imposed by statute or rules related to
      the practice of a profession or business licensed by the
  9    state.

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