Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. CS for SB 390 Barcode 153738 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/19/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Dean) recommended the following: 1 Senate Amendment 2 3 Delete lines 15 - 42 4 and insert: 5 Section 1. (1) As used in this section, the term: 6 (a) “Business entity” means any corporation, partnership, 7 limited partnership, proprietorship, firm, enterprise, 8 franchise, association, individual, or trust, whether 9 fictitiously named or not, doing business in this state. 10 (b) “Veteran” has the same meaning as in s. 1.01, Florida 11 Statutes. 12 (c) “Veterans’ organization” means an organization which 13 exists primarily to benefit veterans or their families. 14 (2) Any veterans’ organization whose membership is limited 15 to veterans and their families that has reason to believe that a 16 business entity that holds itself out as a veterans’ 17 organization does not in fact operate primarily for the 18 financial benefit and moral support of veterans or their 19 families may bring a civil action in a court of competent 20 jurisdiction for an injunction prohibiting the offending 21 business from continuing its business practices while holding 22 itself out as a veterans’ organization. The court may also 23 impose a civil penalty of up to $500 against the defendant and 24 award court costs and reasonable attorney fees to the plaintiff. 25 (3) In a civil action brought under subsection (2), the 26 defendant has the burden of proof to show by clear and 27 convincing evidence that it does in fact operate primarily for 28 the financial benefit and moral support of veterans or their 29 families. 30 (4) A business entity that knowingly and intentionally 31 represents itself as a veterans’ organization but that does not 32 in fact operate primarily for the financial benefit and moral 33 support of veterans or their families commits a misdemeanor of 34 the first degree, punishable as provided in s. 775.082 or s. 35 775.083, Florida Statutes. 36 (5) This section does not affect the availability of any 37 other civil or criminal action or the imposition of any other 38 civil remedy or criminal penalty that is authorized by another 39 statute.