Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 390
       
       
       
       
       
       
                                Barcode 749810                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2013           .                                
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       The Committee on Judiciary (Latvala) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete lines 24 - 53
    5  and insert:
    6         (b) “Veterans’ organization” means a business entity whose
    7  net earnings do not inure to the benefit of any private
    8  shareholder or individual and that exists substantially for one
    9  or more of the following purposes:
   10         1. Promoting the social welfare of the community.
   11         2. Assisting disabled and needy war veterans and members of
   12  the United States Armed Forces and their dependents, and the
   13  widows and orphans of deceased veterans.
   14         3. Providing entertainment, care and assistance to
   15  hospitalized veterans or members of the United States Armed
   16  Forces.
   17         4. Carrying on programs to perpetuate the memory of
   18  deceased veterans and members of the United States Armed Forces,
   19  and to comfort their survivors.
   20         5. Conducting programs for religious, charitable,
   21  scientific, literary, or educational purposes.
   22         6. Providing insurance benefits for their members or
   23  dependents of their members or both.
   24         7. Providing social and recreational activities for their
   25  members.
   26         8. The earnings of the organization are devoted to
   27  charitable, religious, scientific, literary, educational, or
   28  fraternal purposes.
   29         (2) A business entity may not advertise or hold itself out
   30  to the public as a veterans’ organization or similar entity
   31  unless the entity is a veterans’ organization.
   32         (3) A business entity that violates subsection (2) violates
   33  the Florida Deceptive and Unfair Trade Practices Act under part
   34  II of chapter 501 Florida Statutes.
   35         (4) Consistent with part II of chapter 501, Florida
   36  Statutes, a veterans’ organization whose membership is limited
   37  to past or present members of the United States Armed Forces,
   38  individuals who are cadets or are spouses, widows, widowers,
   39  ancestors or lineal descendants of past or present members of
   40  the United States Armed Forces or of cadets may bring an action
   41  to obtain a declaratory judgment that a business entity is
   42  violating this section and to enjoin the entity who has
   43  violated, is violating, or is otherwise likely to violate this
   44  section.
   45         (5) A business entity that knowingly and intentionally
   46  represents itself as a veterans’ organization or similar
   47  organization but that does not comply with subsection (2)
   48  commits a misdemeanor of the first degree, punishable as
   49  provided in s. 775.082 or s. 775.083, Florida Statutes.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52         And the title is amended as follows:
   53         Delete lines 2 - 12
   54  and insert:
   55         An act relating to veterans’ organizations;
   56         prohibiting a business entity from advertising or
   57         holding itself out to the public as a veterans’
   58         organization or similar entity under certain
   59         circumstances; providing that an entity that violates
   60         the restrictions on advertizing violates the Florida
   61         Deceptive and Unfair Trade Practices Act; authorizing
   62         certain veterans’ organizations to enforce the
   63         prohibition against false advertising; providing for
   64         criminal penalties; amending s. 817.312, F.S.;
   65         prohibiting