Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 390
                                Barcode 699228                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2013           .                                

       The Committee on Military Affairs, Space, and Domestic Security
       (Dean) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    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, self-employed individual, or trust,
    9  whether 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 whose
   13  membership is limited to veterans and their families and which
   14  exists primarily to benefit veterans.
   15         (2) Any veterans’ organization that has reason to believe
   16  that a 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 and their
   19  families may bring a civil action in a court of competent
   20  jurisdiction against the offending business entity to cease and
   21  desist its business practices while holding itself out as a
   22  veterans’ organization. Upon an adverse adjudication, the court
   23  also may impose a civil penalty of up to $500 and payment of
   24  court costs and reasonable attorney fees incurred by the
   25  plaintiff. In such an action, the defendant has the burden of
   26  proof to show clear and convincing evidence that it does in fact
   27  operate primarily for the financial benefit and moral support of
   28  veterans and their families.
   29         (3) A business entity that knowingly and intentionally
   30  violates subsection (2) commits a misdemeanor of the first
   31  degree, punishable as provided in s. 775.082 or s. 775.083,
   32  Florida Statutes.
   33         Section 2. This act shall take effect July 1, 2013.
   35  ================= T I T L E  A M E N D M E N T ================
   36         And the title is amended as follows:
   37         Delete everything before the enacting clause
   38  and insert:
   39                        A bill to be entitled                      
   40         An act relating to veterans’ organizations; defining
   41         terms; prohibiting a business entity from holding
   42         itself out as a veterans’ organization under certain
   43         circumstances; authorizing an affected
   44         veterans’organization to bring a civil action in a
   45         court of competent jurisdiction against the offending
   46         business entity; authorizing the court to impose a
   47         civil penalty of up to $500 and payment of court costs
   48         and reasonable attorney fees; providing for criminal
   49         penalties; providing an effective date.