Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1090
       
       
       
       
       
       
                                Ì2688504Î268850                         
       
                              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