Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1090
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/14/2024 .
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The Committee on Rules (Martin) recommended the following:
1 Senate Amendment
2
3 Delete lines 23 - 72
4 and insert:
5 (1)(a) It is unlawful for any person to sell alcoholic
6 beverages without a license, and it is unlawful for any licensee
7 to sell alcoholic beverages except as permitted by her or his
8 license, or to sell such beverages in any manner except that
9 permitted by her or his license; and any licensee or other
10 person who keeps or possesses alcoholic beverages not permitted
11 to be sold by her or his license, or not permitted to be sold
12 without a license, with intent to sell or dispose of same
13 unlawfully, or who keeps and maintains a place where alcoholic
14 beverages are sold unlawfully, commits is guilty of a felony of
15 the third degree, punishable as provided in s. 775.082, s.
16 775.083, or s. 775.084, and must pay a fine of not less than
17 $5,000 and not more than $10,000 misdemeanor of the second
18 degree, punishable as provided in s. 775.082 or s. 775.083.
19 (b) Any person who unlawfully sells alcoholic beverages at
20 a commercial establishment or keeps and maintains a place where
21 alcoholic beverages are sold or intended to be sold unlawfully
22 commits a felony of the third degree, punishable as provided in
23 s. 775.082, s. 775.083, or s. 775.084, and must pay a fine of
24 not less than $5,000 and not more than $10,000.
25 (2) Any person who commits a second or subsequent violation
26 of subsection (1) commits a felony of the second degree,
27 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
28 and must pay a fine of not less than $15,000 and not more than
29 $20,000.
30 Section 1. Subsection (2) of section 893.138, Florida
31 Statutes, is amended to read:
32 893.138 Local administrative action to abate certain
33 activities declared public nuisances.—
34 (2) Any place or premises that has been used:
35 (a) On more than two occasions within a 6-month period, as
36 the site of a violation of s. 796.07;
37 (b) On more than two occasions within a 6-month period, as
38 the site of the unlawful sale, delivery, manufacture, or
39 cultivation of any controlled substance;
40 (c) On one occasion as the site of the unlawful possession
41 of a controlled substance, where such possession constitutes a
42 felony and that has been previously used on more than one
43 occasion as the site of the unlawful sale, delivery,
44 manufacture, or cultivation of any controlled substance;
45 (d) By a criminal gang for the purpose of conducting
46 criminal gang activity as defined by s. 874.03;
47 (e) On more than two occasions within a 6-month period, as
48 the site of a violation of s. 812.019, relating to dealing in
49 stolen property;
50 (f) On two or more occasions within a 6-month period, as
51 the site of a violation of chapter 499; or
52 (g) On more than two occasions within a 6-month period, as
53 the site of a violation of any combination of the following:
54 1. Section 782.04, relating to murder;
55 2. Section 782.051, relating to attempted felony murder;
56 3. Section 784.045(1)(a)2., relating to aggravated battery
57 with a deadly weapon; or
58 4. Section 784.021(1)(a), relating to aggravated assault
59 with a deadly weapon without intent to kill; or,
60 (h) On more than two occasions within a 12-month period, as