Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1666
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/23/2014           .                                

       The Committee on Appropriations (Richter) recommended the
    1         Senate Amendment to Amendment (465622) (with title
    2  amendment)
    4         Delete lines 1796 - 1831
    5  and insert:
    6         Section 20. Paragraph (g) of subsection (1) and subsection
    7  (8) of section 63.212, Florida Statutes, are amended to read:
    8         63.212 Prohibited acts; penalties for violation.—
    9         (1) It is unlawful for any person:
   10         (g) Except an adoption entity, to place an advertisement
   11  advertise or offer to the public, in any way, by any medium
   12  whatever that a minor is available for adoption or that a minor
   13  is sought for adoption; and, further, it is unlawful for any
   14  person purchasing advertising space or purchasing broadcast time
   15  to advertise adoption services to fail to include in any
   16  publication publish or fail to include in the broadcast for any
   17  such advertisement the or assist an unlicensed person or entity
   18  in publishing or broadcasting any such advertisement without
   19  including a Florida license number of the adoption entity agency
   20  or the Florida Bar number of the attorney placing the
   21  advertisement.
   22         1. Only a person who is an attorney licensed to practice
   23  law in this state or an adoption entity licensed under the laws
   24  of this state may place a paid advertisement or paid listing of
   25  the person’s telephone number, on the person’s own behalf, in a
   26  telephone directory that:
   27         a. A child is offered or wanted for adoption; or
   28         b. The person is able to place, locate, or receive a child
   29  for adoption.
   30         2. A person who publishes a telephone directory that is
   31  distributed in this state:
   32         a. shall include, at the beginning of any classified
   33  heading for adoption and adoption services, a statement that
   34  informs directory users that only attorneys licensed to practice
   35  law in this state and licensed adoption entities may legally
   36  provide adoption services under state law.
   37         3.b.A person who places may publish an advertisement
   38  described in subparagraph 1. in a the telephone directory must
   39  include only if the advertisement contains the following
   40  information:
   41         a.(I) For an attorney licensed to practice law in this
   42  state, the person’s Florida Bar number.
   43         b.(II) For a child-placing child placing agency licensed
   44  under the laws of this state, the number on the person’s
   45  adoption entity license.
   46  (8) Unless otherwise indicated, a person who willfully and with
   47  criminal intent violates any provision of this section,
   48  excluding paragraph (1)(g), commits a felony of the third
   49  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   50  775.084. A person who willfully and with criminal intent
   51  violates paragraph (1)(g) commits a misdemeanor of the second
   52  degree, punishable as provided in s. 775.083; and each day of
   53  continuing violation shall be considered a separate offense. In
   54  addition, any person who knowingly publishes or assists with the
   55  publication of any advertisement or other publication which
   56  violates the requirements of paragraph (1)(g) commits a
   57  misdemeanor of the second degree, punishable as provided in s.
   58  775.083, and may be required to pay a fine of up to $150 per day
   59  for each day of continuing violation.
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete lines 4072 - 4074
   64  and insert:
   65         63.212, F.S.; revising advertising requirements for
   66         adoption services; requiring a person who places an
   67         advertisement for adoption services to provide
   68         specified information; deleting a criminal penalty for
   69         knowingly publishing or assisting in the publication
   70         of an advertisement that violates specified
   71         provisions; amending s. 383.402, F.S.;