Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 390
Barcode 699228
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/06/2013 .
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The Committee on Military Affairs, Space, and Domestic Security
(Dean) recommended the following:
1 Senate Amendment (with title amendment)
2
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.
34
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.