Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1046
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             02/28/2024 04:42 PM       .                                
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       Senator Martin moved the following:
       
    1         Senate Substitute for Amendment (523916) 
    2  
    3         Delete lines 146 - 161
    4  and insert:
    5         (b) If a person has received notice from the commission or
    6  any other law enforcement agency in this state that the
    7  operations at the establishment, premises, or other location
    8  violate subsection (2), and, within 72 hours of receiving such
    9  notice, fails to cease and desist such operations at the
   10  establishment, premises, or other location, or at any other
   11  location where such person is conducting operations that violate
   12  subsection (2), such person commits a felony of the third
   13  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   14  775.084, if:
   15         1. At the time of the violation the person is knowingly
   16  acting as a manager; or
   17         2. He or she has one prior conviction for a violation of
   18  this section.
   19         (c) If a person has received notice from the commission or
   20  any other law enforcement agency in this state that the
   21  operations at the establishment, premises, or other location
   22  violate subsection (2), and, within 72 hours of receiving such
   23  notice, fails to cease and desist such operations at the
   24  establishment, premises, or other location, or at any other
   25  location where such person is conducting operations that violate
   26  subsection (2), such person commits a felony of the second
   27  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   28  775.084, if:
   29         1.a. At the time of the violation the person is knowingly
   30  acting as a manager; and
   31         b. The violation involves five or more slot machines or
   32  devices; or
   33         2. He or she has two or more prior convictions for a
   34  violation of this section.
   35         (d) For the purposes of this subsection, a person is deemed
   36  to receive notice as described in paragraph (b) or paragraph (c)
   37  at the time an agent of the commission or any other law
   38  enforcement agency serves the notice to the person by:
   39         1. Hand delivery;
   40         2. Certified mail, return receipt requested;
   41         3. Posting a notice to a conspicuous place on the exterior
   42  of the establishment, premises, or other location where the
   43  person is conducting operations that violate subsection (2),
   44  which notice must be posted by an agent of the commission or any
   45  other law enforcement agency; or
   46         4. Service of process pursuant to chapter 48.
   47         (e) The issuance of a notice as described in paragraph (b)
   48  or paragraph (c) does not constitute agency action for any
   49  purpose of chapter 120, including hearing rights under s.
   50  120.569 or s. 120.57.