Senate Bill 0632c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 632
By the Committee on Governmental Reform and Oversight; and
Senator Ostalkiewicz
302-2191-98
1 A bill to be entitled
2 An act relating to rules enforcement by state
3 agencies; prohibiting state agencies from
4 imposing certain penalties for rules violations
5 under certain circumstances; providing defenses
6 against certain enforcement actions;
7 prohibiting certain agencies from enforcing
8 certain rules; providing exceptions and
9 applicability; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. (1) A state agency that collects taxes or
14 regulates the activities of any profession, occupation, or
15 business and that has knowledge that a person has violated one
16 of the rules applicable to the payment of those taxes or
17 applicable to the profession, occupation, or business may not
18 institute a criminal, civil, or administrative proceeding
19 against the person to impose a penalty for the violation or to
20 compel compliance with the rule until it informs the person of
21 the requirements of the rule and gives the person a reasonable
22 time to comply. This prohibition does not apply if the
23 violator had actual or constructive knowledge of the
24 requirements of the rule or if the prohibition would affect an
25 agency's ability to obtain or retain a federally delegated or
26 approved environmental program. This prohibition does not
27 apply if the violator had actual or constructive knowledge of
28 the requirements of the rule or if the agency determines that
29 the violation constitutes an imminent detriment to the public
30 health, safety, and welfare.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 632
302-2191-98
1 (2) In any criminal, civil, or administrative
2 proceeding to impose a penalty for a violation of, or to
3 compel compliance with, the rule, it is a defense that the
4 state agency has a demonstrated pattern of failure to enforce
5 the rule with respect to substantially the same violation
6 committed by others.
7 Section 2. A state agency that collects taxes or
8 regulates the activities of any profession, occupation, or
9 business and that has actual knowledge that a person has
10 violated one of the rules applicable to the payment of those
11 taxes or applicable to the profession, occupation, or
12 business, or, with the exercise of due diligence, should have
13 known of the violation, is estopped from enforcing the rule
14 against the person if the state agency had actual or imputed
15 knowledge of the violation for a period of more than 1 year
16 and did not give the violator notice of the requirements of
17 the rule within that time.
18 Section 3. This act does not apply to taxes,
19 penalties, fees, surcharges, or interest imposed by statute.
20 Section 4. This act does not apply to rules directly
21 related to the practice of a profession, occupation, or
22 business subject to licensure by the state.
23 Section 5. This act shall take effect upon becoming a
24 law.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 632
302-2191-98
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 632
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4 The Committee Substitute requires that a person have actual or
constructive knowledge of a rule application and exempts the
5 application of the bill in the following instances: when it
would be detrimental to public, health, welfare, or safety or
6 when it would jeopardize a federal environmental program. The
CS also does not apply to taxes, fees, penalties, or sucharges
7 imposed by statute or to any state-licensed profession,
occupation or business.
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