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) 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.