Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 214
       
       
       
       
       
       
                                Ì103650wÎ103650                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/07/2023           .                                
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       The Committee on Commerce and Tourism (Burgess) recommended the
       following:
       
    1         Senate Substitute for Amendment (307250) (with title
    2  amendment)
    3  
    4         Delete lines 110 - 141
    5  and insert:
    6         (c) An entity involved in facilitating or processing a
    7  payment card transaction, including, but not limited to, a
    8  financial institution, an acquirer, a payment card network, or a
    9  payment card issuer, may not assign to or require a merchant to
   10  use a merchant category code that classifies the merchant as a
   11  firearms or ammunition retailer or places the merchant in a
   12  similar classification. A merchant of firearms or ammunition may
   13  be assigned or may use a merchant category code for general
   14  merchandise retailers or sporting goods retailers. Any agreement
   15  or contractual provision to the contrary is void in violation of
   16  the public policy of this state.
   17         (4) PENALTIES.—
   18         (a) Any person who, or entity that, violates paragraph
   19  (2)(a) a provision of this section commits a felony of the third
   20  degree, punishable as provided in s. 775.082 or s. 775.083.
   21         (b) Except as required by the provisions of s. 16, Art. I
   22  of the State Constitution or the Sixth Amendment to the United
   23  States Constitution, no public funds may not shall be used to
   24  defend the unlawful conduct of any person charged with a
   25  violation of this section, unless the charges against the such
   26  person are dismissed or the such person is determined to be not
   27  guilty at trial. Notwithstanding this paragraph, public funds
   28  may be expended to provide the services of the office of public
   29  defender or court-appointed conflict counsel as provided by law.
   30         (c) The governmental entity, or the designee of the such
   31  governmental entity, in whose service or employ a list, record,
   32  or registry was compiled in violation of paragraph (2)(a) this
   33  section may be assessed a fine of up to not more than $5
   34  million, if the court determines that the evidence shows that
   35  the list, record, or registry was compiled or maintained with
   36  the knowledge or complicity of the management of the
   37  governmental entity. The Attorney General may bring a civil
   38  cause of action to enforce the fines assessed under this
   39  paragraph.
   40         (d) The Department of Agriculture and Consumer Services may
   41  investigate alleged violations of paragraph (2)(b) or paragraph
   42  (2)(c) and, upon finding a violation, bring an administrative
   43  action seeking to impose an administrative fine pursuant to s.
   44  570.971 in the Class III category for each violation of
   45  paragraph (2)(b) or paragraph (2)(c) for each instance of an
   46  unlawfully classified retailer.
   47         (e) The state attorney in the appropriate jurisdiction
   48  shall investigate complaints of criminal violations of this
   49  section, except for alleged violations of paragraph (2)(b) or
   50  paragraph (2)(c), and
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Delete line 9
   55  and insert:
   56         sporting goods retailers; prohibiting entities
   57         involved in facilitating or processing payment card
   58         transactions from assigning to or requiring a merchant
   59         to use certain merchant category codes; authorizing a
   60         merchant of firearms or ammunition to be assigned or
   61         to use certain merchant category codes; specifying
   62         that any agreement or contractual provision to the
   63         contrary is void and in violation of the public policy
   64         of this state; authorizing the Department