Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1046
       
       
       
       
       
       
                                Ì898240#Î898240                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             02/28/2024 05:10 PM       .                                
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       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.;