Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for HB 1205
       
       
       
       
       
       
                                Ì201036tÎ201036                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/F/2R          .                                
             04/28/2023 03:25 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Polsky moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 134
    4  and insert:
    5  this chapter. Notwithstanding any other provision under part II
    6  of this chapter, the department is the sole enforcement entity
    7  for violations and remedies under this section.
    8         (9) As a prerequisite to any action available under this
    9  section, the department must provide written notice of the
   10  alleged violation to the person or entity that issued the
   11  advertisement. The person or entity that issued the
   12  advertisement has 15 days after receipt of the notice to cure
   13  the violation or discontinue publishing the advertisement. If
   14  the person or entity that issued the advertisement cures the
   15  violation or discontinues publication of the advertisement
   16  within this 15-day period, an action against such person or
   17  entity may not arise from the noticed violation.
   18         (10) This section may not be construed to create a private
   19  right of action.
   20  
   21  ================= T I T L E  A M E N D M E N T ================
   22  And the title is amended as follows:
   23         Delete line 22
   24  and insert:
   25         and unfair trade practices; providing that the
   26         Department of Legal Affairs is the sole entity
   27         responsible for enforcement of specified provisions;
   28         requiring the department to provide written notice of
   29         alleged violations to the person or entity that issued
   30         the advertisement; providing such persons or entities
   31         a specified timeframe to cure the violation or
   32         discontinue publication of the advertisement;
   33         providing that an action may not arise from the
   34         noticed violation if such person or entity cures the
   35         violation or discontinues the publication within the
   36         specified timeframe; providing construction;