Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 390
       
       
       
       
       
       
                                Barcode 153738                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/19/2013           .                                
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       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.