Florida Senate - 2024 SENATOR AMENDMENT Bill No. CS for CS for SB 1046 Ì898240#Î898240 LEGISLATIVE ACTION Senate . House . . . Floor: 2/AD/2R . 02/28/2024 05:10 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Martin moved the following: 1 Senate Substitute for Amendment (523916) (with title 2 amendment) 3 4 Delete lines 146 - 161 5 and insert: 6 (b) If a person has received notice from the commission or 7 any other law enforcement agency in this state that the 8 operations at the establishment, premises, or other location 9 violate subsection (2), and, within 7 days of receiving such 10 notice, fails to cease and desist such operations at the 11 establishment, premises, or other location, or at any other 12 location where such person is conducting operations that violate 13 subsection (2), such person commits a felony of the third 14 degree, punishable as provided in s. 775.082, s. 775.083, or s. 15 775.084, if: 16 1. At the time of the violation the person is knowingly 17 acting as a manager; or 18 2. He or she has one prior conviction for a violation of 19 this section. 20 (c) If a person has received notice from the commission or 21 any other law enforcement agency in this state that the 22 operations at the establishment, premises, or other location 23 violate subsection (2), and, within 7 days of receiving such 24 notice, fails to cease and desist such operations at the 25 establishment, premises, or other location, or at any other 26 location where such person is conducting operations that violate 27 subsection (2), such person commits a felony of the second 28 degree, punishable as provided in s. 775.082, s. 775.083, or s. 29 775.084, if: 30 1.a. At the time of the violation the person is knowingly 31 acting as a manager; and 32 b. The violation involves five or more slot machines or 33 devices; or 34 2. He or she has two or more prior convictions for a 35 violation of this section. 36 (d) For the purposes of this subsection, a person is deemed 37 to receive notice as described in paragraph (b) or paragraph (c) 38 at the time an agent of the commission or any other law 39 enforcement agency serves the notice to the person by: 40 1. Hand delivery; 41 2. Certified mail, return receipt requested; 42 3. Posting a notice to a conspicuous place on the exterior 43 of the establishment, premises, or other location where the 44 person is conducting operations that violate subsection (2), 45 which notice must be posted by an agent of the commission or any 46 other law enforcement agency; or 47 4. Service of process pursuant to chapter 48. 48 (e) The issuance of a notice as described in paragraph (b) 49 or paragraph (c) does not constitute agency action for any 50 purpose of chapter 120, including hearing rights under s. 51 120.569 or s. 120.57. 52 (4) A person who knowingly alters, destroys, conceals, or 53 removes a slot machine or device or any part thereof that is the 54 subject of a notice described in subsection (3) commits a felony 55 of the third degree, punishable as provided in s. 775.082, s. 56 775.083, or s. 775.084. 57 58 ================= T I T L E A M E N D M E N T ================ 59 And the title is amended as follows: 60 Delete line 12 61 and insert: 62 slot machine or device; providing requirements for 63 notice of violations; providing construction; 64 prohibiting a person who knowingly destroys, conceals, 65 or removes slot machines or devices or any part 66 thereof under certain circumstances; providing 67 criminal penalties; creating s. 849.155, F.S.;