Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for SB 716
       
       
       
       
       
       
                                Barcode 908522                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/25/2013 11:01 AM       .                                
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       Senator Simpson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 501.2077, Florida Statutes, is reordered
    6  and amended to read:
    7         501.2077 Violations involving senior citizen, or
    8  handicapped person who has a disability, military servicemember,
    9  or the spouse or dependent child of a military servicemember;
   10  civil penalties; presumption.—
   11         (1) As used in this section, the term:
   12         (e)(a) “Senior citizen” means a person who is 60 years of
   13  age or older.
   14         (d)(b) “Handicapped Person who has a disability” means a
   15  any person who has a mental or educational impairment that which
   16  substantially limits one or more major life activities.
   17         (b)(c) “Mental or educational impairment” means:
   18         1. A Any mental or psychological disorder or specific
   19  learning disability.
   20         2. An Any educational deficiency that which substantially
   21  affects a person’s ability to read and comprehend the terms of
   22  any contractual agreement entered into.
   23         (a)(d) “Major life activities” means functions associated
   24  with the normal activities of independent daily living such as
   25  caring for one’s self, performing manual tasks, walking, seeing,
   26  hearing, speaking, breathing, learning, and working.
   27         (c) “Military servicemember” means a person who is on
   28  active duty in, or a veteran of, the United States Armed Forces.
   29         1. “Active duty” has the same meaning as provided in s.
   30  250.01.
   31         2. “Veteran” has the same meaning as provided in s. 1.01.
   32         (2) A Any person who is willfully using, or has willfully
   33  used, a method, act, or practice in violation of this part,
   34  which method, act, or practice victimizes or attempts to
   35  victimize a senior citizen citizens or a person who has a
   36  disability handicapped persons, and commits such violation when
   37  she or he knew or should have known that her or his conduct was
   38  unfair or deceptive, is liable for a civil penalty of not more
   39  than $15,000 for each such violation if she or he knew or should
   40  have known that her or his conduct was unfair or deceptive.
   41         (3) A person who is willfully using, or has willfully used,
   42  a method, act, or practice in violation of this part directed at
   43  a military servicemember or the spouse or dependent child of a
   44  military servicemember is liable for a civil penalty of not more
   45  than $15,000 for each such violation if she or he knew or should
   46  have known that her or his conduct was unfair or deceptive.
   47         (4)(3)An Any order of restitution or reimbursement based
   48  on a violation of this part committed against a senior citizen,
   49  a or handicapped person who has a disability, a military
   50  servicemember, or the spouse or dependent child of a military
   51  servicemember has priority over the imposition of civil
   52  penalties for such violations pursuant to this section.
   53         (5)(4) Civil penalties collected pursuant to this section
   54  shall be deposited into the Legal Affairs Revolving Trust Fund
   55  of the Department of Legal Affairs and allocated solely to the
   56  Department of Legal Affairs for the purpose of preparing and
   57  distributing consumer education materials, programs, and
   58  seminars to benefit senior citizens, and handicapped persons who
   59  have a disability, and military servicemembers or to further
   60  enforcement efforts.
   61         Section 2. This act shall take effect July 1, 2013.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64         And the title is amended as follows:
   65         Delete everything before the enacting clause
   66  and insert:
   67                        A bill to be entitled                      
   68         An act relating to deceptive and unfair trade
   69         practices; amending s. 501.2077, F.S.; providing
   70         definitions; authorizing a civil penalty for a person
   71         who willfully uses a deceptive or unfair trade act or
   72         practice against a military service member or the
   73         member’s spouse or dependent child in certain
   74         circumstances; providing an effective date.