Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1246
       
       
       
       
       
       
                                Ì518122uÎ518122                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/20/2023           .                                
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       The Committee on Rules (Rouson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 133 - 135
    4  and insert:
    5         (8)(a) The Department of Agriculture and Consumer Services
    6  shall investigate any complaints received concerning violations
    7  of this section. If, after investigating a complaint, the
    8  Department of Agriculture and Consumer Services finds that there
    9  has been a violation of this section, the department or the
   10  Department of Legal Affairs may bring an action to impose a
   11  civil penalty and to seek other relief, including injunctive
   12  relief, as the court deems appropriate against the party in
   13  violation. The civil penalty shall be in the Class III category
   14  pursuant to s. 570.971 for the advertisement found in violation
   15  and shall be deposited in the General Inspection Trust Fund if
   16  the action or proceeding was brought by the Department of
   17  Agriculture and Consumer Services, or the Legal Affairs
   18  Revolving Trust Fund if the action or proceeding was brought by
   19  the Department of Legal Affairs. This civil penalty may be
   20  recovered in any action brought under this part by the
   21  Department of Agriculture and Consumer Services, or the
   22  department may terminate any investigation or action upon
   23  agreement by the person to pay a stipulated civil penalty. The
   24  Department of Agriculture and Consumer Services or the court may
   25  waive any civil penalty.
   26         (b) The Department of Agriculture and Consumer Services
   27  may, as an alternative to the civil penalties provided in
   28  paragraph (a), impose an administrative fine in the Class II
   29  category pursuant to s. 570.971 for the advertisement that
   30  constitutes a violation of this section. An administrative
   31  proceeding that could result in the entry of an order imposing
   32  an administrative penalty must be conducted pursuant to chapter
   33  120.
   34         (9) As a prerequisite to any action available under this
   35  section, the Department of Agriculture and Consumer Services
   36  must provide written notice of the alleged violation to the
   37  person or entity that issued the advertisement. The person or
   38  entity that issued the advertisement has 30 days after receipt
   39  of the notice to cure the violation or discontinue publishing
   40  the advertisement. If the person or entity that issued the
   41  advertisement cures the violation or discontinues publication of
   42  the advertisement within this 30-day period, an action against
   43  such person or entity may not arise from the noticed violation.
   44         (10) This section may not be construed to create a private
   45  right of action.
   46  
   47  ================= T I T L E  A M E N D M E N T ================
   48  And the title is amended as follows:
   49         Delete lines 21 - 23
   50  and insert:
   51         providing an exception; requiring the Department of
   52         Agriculture and Consumer Services to investigate
   53         complaints of violations of the act; providing for
   54         civil penalties; providing for the disposition of
   55         collected penalties; providing for administrative
   56         penalties as an alternative to civil penalties;
   57         requiring the department to provide written notice of
   58         alleged violations to the person or entity that issued
   59         the related advertisement; providing such persons or
   60         entities 30 days to cure the violation or discontinue
   61         its publication; providing that an action may not
   62         arise from the noticed violation if such person or
   63         entity cures the violation or removes the publication
   64         within the specified timeframe; providing
   65         construction; providing an