Florida Senate - 2013                       CS for CS for SB 390
       
       
       
       By the Committees on Criminal Justice; and Military Affairs,
       Space, and Domestic Security; and Senator Dean
       
       
       
       591-01688-13                                           2013390c2
    1                        A bill to be entitled                      
    2         An act relating to misrepresentations concerning
    3         solicitations for military or veterans; defining
    4         terms; prohibiting a business entity from holding
    5         itself out as a veterans’ organization under certain
    6         circumstances; authorizing an affected veterans’
    7         organization to bring a civil action in a court of
    8         competent jurisdiction against the offending business
    9         entity; authorizing the court to impose a civil
   10         penalty of up to $500 and payment of court costs and
   11         reasonable attorney fees; providing for criminal
   12         penalties; amending s. 817.312, F.S.; prohibiting
   13         misrepresentation as a service member or veteran and
   14         wearing military or veterans’ uniform, medal, or
   15         insignia; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. (1) As used in this section, the term:
   20         (a) “Business entity” means any corporation, partnership,
   21  limited partnership, proprietorship, firm, enterprise,
   22  franchise, association, individual, or trust, whether
   23  fictitiously named or not, doing business in this state.
   24         (b) “Veteran” has the same meaning as in s. 1.01, Florida
   25  Statutes.
   26         (c) “Veterans’ organization” means an organization which
   27  exists primarily to benefit veterans or their families.
   28         (2) Any veterans’ organization whose membership is limited
   29  to veterans and their families that has reason to believe that a
   30  business entity that holds itself out as a veterans’
   31  organization does not in fact operate primarily for the
   32  financial benefit and moral support of veterans or their
   33  families may bring a civil action in a court of competent
   34  jurisdiction for an injunction prohibiting the offending
   35  business from continuing its business practices while holding
   36  itself out as a veterans’ organization. The court may also
   37  impose a civil penalty of up to $500 against the defendant and
   38  award court costs and reasonable attorney fees to the plaintiff.
   39         (3) In a civil action brought under subsection (2), the
   40  defendant has the burden of proof to show by clear and
   41  convincing evidence that it does in fact operate primarily for
   42  the financial benefit and moral support of veterans or their
   43  families.
   44         (4) A business entity that knowingly and intentionally
   45  represents itself as a veterans’ organization but that does not
   46  in fact operate primarily for the financial benefit and moral
   47  support of veterans or their families commits a misdemeanor of
   48  the first degree, punishable as provided in s. 775.082 or s.
   49  775.083, Florida Statutes.
   50         (5) This section does not affect the availability of any
   51  other civil or criminal action or the imposition of any other
   52  civil remedy or criminal penalty that is authorized by another
   53  statute.
   54         Section 2. Subsection (1) of section 817.312, Florida
   55  Statutes, is amended to read:
   56         817.312 Unlawful use of uniforms, medals, or insignia.—
   57         (1) A person may not misrepresent himself or herself as a
   58  member or veteran of the United States Air Force, United States
   59  Army, United States Coast Guard, United States Marine Corps,
   60  United States Navy, or National Guard or and wear the uniform of
   61  or any medal or insignia authorized for use by members or
   62  veterans of the United States Air Force, United States Army,
   63  United States Coast Guard, United States Marine Corps, United
   64  States Navy, or the National Guard which he or she is not
   65  authorized to wear while soliciting for charitable contributions
   66  or for the purpose of material gain. This section does not
   67  prohibit persons in the theatrical profession from wearing such
   68  uniforms, medals, or insignia while actually engaged in such
   69  profession.
   70         Section 3. This act shall take effect July 1, 2013.