Florida Senate - 2009                                     SB 206
       
       
       
       By Senator Justice
       
       
       
       
       16-00131A-09                                           2009206__
    1                        A bill to be entitled                      
    2         An act relating to military affairs; amending s.
    3         250.82, F.S.; providing that a person who knowingly
    4         omits, neglects, or refuses to comply with any duty
    5         imposed upon him or her by ch. 250, F.S., is liable,
    6         in addition to any other penalty provided by law, for
    7         a civil penalty of up to $1,000 per violation,
    8         attorney's fees, and court costs; providing an
    9         effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Section 250.82, Florida Statutes, is amended to
   14  read:
   15         250.82 Applicability of state and federal law.—
   16         (1) Florida law provides certain protections to members of
   17  the United States Armed Forces, the United States Reserve
   18  Forces, and the Florida National Guard in various legal
   19  proceedings and contractual relationships. In addition to these
   20  state provisions, federal law also contains protections, such as
   21  those provided in the Servicemembers Civil Relief Act (SCRA),
   22  Title 50, Appendix U.S.C. ss. 501 et seq., and the Uniformed
   23  Services Employment and Reemployment Rights Act (USERRA), Title
   24  38 United States Code, chapter 43, that are applicable to
   25  members in every state even though such provisions are not
   26  specifically identified under state law.
   27         (2) To the extent allowed by federal law, the state courts
   28  shall have concurrent jurisdiction for enforcement over all
   29  causes of action arising from the provisions of federal law and
   30  may award a remedy as provided therein.
   31         (3) Any person who knowingly omits, neglects, or refuses to
   32  comply with any duty imposed upon him or her by this chapter;
   33  who knowingly omits, neglects, or refuses to do or cause to be
   34  done any of the things required by this chapter; or who does
   35  anything prohibited by this chapter, in addition to any other
   36  penalty provided by law, is liable for a civil penalty of up to
   37  $1,000 per violation, attorney's fees, and court costs.
   38         Section 2. This act shall take effect July 1, 2009.