Florida Senate - 2009                                    SB 1126
       
       
       
       By Senator Richter
       
       
       
       
       37-01404-09                                           20091126__
    1                        A bill to be entitled                      
    2         An act relating to investor protection; amending s.
    3         16.56, F.S.; expanding jurisdiction of the Office of
    4         Statewide Prosecution to investigate and prosecute
    5         certain additional offenses; amending s. 517.021,
    6         F.S.; revising definitions; amending s. 517.072, F.S.;
    7         exempting certain transactions in viatical settlement
    8         investments from certain registration requirements;
    9         specifying application of certain provisions; amending
   10         s. 517.12, F.S.; revising requirements for
   11         registration of dealers, associated persons,
   12         investment advisers, and branch offices, including
   13         fingerprinting requirements; amending s. 517.121,
   14         F.S.; authorizing the Office of Financial Regulation
   15         to suspend registration for registrant failure to
   16         provide certain records; providing for rescinding
   17         suspensions; amending ss. 517.1215 and 517.1217, F.S.;
   18         changing an agency reference; amending s. 517.131,
   19         F.S.; revising a Securities Guaranty Fund disbursement
   20         requirement; amending s. 517.141, F.S.; excluding
   21         postjudgment interest from payments from the fund;
   22         amending s. 517.161, F.S.; expanding the class of
   23         persons related to or associated with an applicant or
   24         registrant for which certain violations may result in
   25         adverse actions taken against registrations;
   26         authorizing the office to suspend a registration under
   27         certain circumstances; creating s. 517.1611, F.S.;
   28         requiring the Financial Services Commission to adopt
   29         rules for imposing registration sanctions for certain
   30         violations by registrants and associated or related
   31         persons; requiring the commission to adopt rules for
   32         disqualifying registrants for certain periods of time
   33         for certain criminal actions; providing rules
   34         criteria; amending s. 517.191, F.S.; authorizing the
   35         office to apply to the court for orders directing
   36         restitution; authorizing the office to apply to the
   37         court to impose civil penalties for certain
   38         violations; specifying limitations; authorizing the
   39         Attorney General, with approval of the office, to
   40         investigate and enforce certain provisions;
   41         authorizing the Attorney General to bring certain
   42         actions for injunctive relief; authorizing the
   43         Attorney General to recover certain investigation and
   44         enforcement costs and attorney fees; providing for
   45         deposit of certain recovered moneys into the Legal
   46         Affairs Revolving Trust Fund; amending s. 517.221,
   47         F.S.; increasing the amount of certain administrative
   48         fines; authorizing the office to bar certain persons
   49         from submitting applications or notifications for a
   50         license or registration under certain circumstances;
   51         specifying nonapplication of time limitations to
   52         certain office enforcement actions; amending s.
   53         517.275, F.S.; revising criteria for prohibited
   54         practices relating to commodities; amending s. 905.34,
   55         F.S.; expanding subject matter jurisdiction of the
   56         statewide grand jury to include certain additional
   57         offenses; providing an effective date.
   58         
   59  Be It Enacted by the Legislature of the State of Florida:
   60         
   61         Section 1. Paragraphs (a) and (b) of subsection (1) of
   62  section 16.56, Florida Statutes, are amended to read:
   63         16.56 Office of Statewide Prosecution.—
   64         (1) There is created in the Department of Legal Affairs an
   65  Office of Statewide Prosecution. The office shall be a separate
   66  “budget entity” as that term is defined in chapter 216. The
   67  office may:
   68         (a) Investigate and prosecute the offenses of:
   69         1. Bribery, burglary, criminal usury, extortion, gambling,
   70  kidnapping, larceny, murder, prostitution, perjury, robbery,
   71  carjacking, and home-invasion robbery;
   72         2. Any crime involving narcotic or other dangerous drugs;
   73         3. Any violation of the provisions of the Florida RICO
   74  (Racketeer Influenced and Corrupt Organization) Act, including
   75  any offense listed in the definition of racketeering activity in
   76  s. 895.02(1)(a), providing such listed offense is investigated
   77  in connection with a violation of s. 895.03 and is charged in a
   78  separate count of an information or indictment containing a
   79  count charging a violation of s. 895.03, the prosecution of
   80  which listed offense may continue independently if the
   81  prosecution of the violation of s. 895.03 is terminated for any
   82  reason;
   83         4. Any violation of the provisions of the Florida Anti
   84  Fencing Act;
   85         5. Any violation of the provisions of the Florida Antitrust
   86  Act of 1980, as amended;
   87         6. Any crime involving, or resulting in, fraud or deceit
   88  upon any person;
   89         7. Any violation of s. 847.0135, relating to computer
   90  pornography and child exploitation prevention, or any offense
   91  related to a violation of s. 847.0135 or any violation of
   92  chapter 827 where the crime is facilitated by or connected to
   93  the use of the Internet or any device capable of electronic data
   94  storage or transmission;
   95         8. Any violation of the provisions of chapter 815;
   96         9. Any criminal violation of part I of chapter 499;
   97         10. Any violation of the provisions of the Florida Motor
   98  Fuel Tax Relief Act of 2004;
   99         11. Any criminal violation of s. 409.920 or s. 409.9201; or
  100         12. Any crime involving voter registration, voting, or
  101  candidate or issue petition activities;
  102         13. Any criminal violation of the Florida Money Laundering
  103  Act; or
  104         14. Any criminal violation of the Florida Securities and
  105  Investor Protection Act;
  106  or any attempt, solicitation, or conspiracy to commit any of the
  107  crimes specifically enumerated above. The office shall have such
  108  power only when any such offense is occurring, or has occurred,
  109  in two or more judicial circuits as part of a related
  110  transaction, or when any such offense is connected with an
  111  organized criminal conspiracy affecting two or more judicial
  112  circuits. Information or indictments used in bringing criminal
  113  cases in more than one judicial circuit shall contain general
  114  allegations stating the judicial circuits and counties in which
  115  crimes are alleged to have occurred or the judicial circuits and
  116  counties in which crimes affecting such circuits or counties are
  117  alleged to have been connected with an organized criminal
  118  conspiracy.
  119         (b) Investigate and prosecute any crime enumerated in
  120  subparagraphs (a)1.-14. (a)1.-12. facilitated by or connected to
  121  the use of the Internet. Any such crime is a crime occurring in
  122  every judicial circuit within the state.
  123         Section 2. Subsection (4), paragraph (a) of subsection
  124  (13), and subsection (23) of section 517.021, Florida Statutes,
  125  are amended to read:
  126         517.021 Definitions.—When used in this chapter, unless the
  127  context otherwise indicates, the following terms have the
  128  following respective meanings:
  129         (4) “Branch office” means any location in this state of a
  130  dealer or investment adviser at which one or more associated
  131  persons regularly conduct the business of rendering investment
  132  advice or effecting any transactions in, or inducing or
  133  attempting to induce the purchase or sale of, any security or
  134  any location that is held out as such. The commission may adopt
  135  by rule exceptions to this definition for dealers in order to
  136  maintain consistency with the definition of a branch office used
  137  by self-regulatory organizations authorized by the Securities
  138  and Exchange Commission, including, but not limited to, the
  139  Financial Industry Regulatory Authority National Association of
  140  Securities Dealers or the New York Stock Exchange. The
  141  commission may adopt by rule exceptions to this definition for
  142  investment advisers.
  143         (13)(a) “Investment adviser” includes any person who
  144  receives for compensation, directly or indirectly, and engages
  145  for all or part of her or his time, directly or indirectly, or
  146  through publications or writings, in the business of advising
  147  others as to the value of securities or as to the advisability
  148  of investments in, purchasing of, or selling of securities,
  149  except a dealer whose performance of these services is solely
  150  incidental to the conduct of her or his business as a dealer and
  151  who receives no special compensation for such services.
  152         (23) “Viatical settlement investment” means an agreement
  153  for the purchase, sale, assignment, transfer, devise, or bequest
  154  of all or any portion of a legal or equitable interest in a
  155  viaticated policy as defined in chapter 626. The term does not
  156  include:
  157         (a) The transfer or assignment of an interest in a
  158  previously viaticated policy from a natural person who transfers
  159  or assigns no more than one such interest in 1 calendar year.
  160         (b) The provision of stop-loss coverage to a viatical
  161  settlement provider, financing entity, or related provider
  162  trust, as those terms are defined in s. 626.9911, by an
  163  authorized or eligible insurer.
  164         (c) The transfer or assignment of a viaticated policy from
  165  a licensed viatical settlement provider to another licensed
  166  viatical settlement provider, a related provider trust, a
  167  financing entity, or a special purpose entity, as those terms
  168  are defined in s. 626.9911, or to a contingency insurer provided
  169  that such transfer or assignment is not the direct or indirect
  170  promotion of any scheme or enterprise with the intent of
  171  violating or evading any provision of this chapter.
  172         (d) The transfer or assignment of a viaticated policy to a
  173  bank, trust company, savings institution, insurance company,
  174  dealer, investment company as defined in the Investment Company
  175  Act of 1940, pension or profit-sharing trust, or qualified
  176  institutional buyer as defined in United States Securities and
  177  Exchange Commission Rule 144A, 17 C.F.R. s. 230.144A(a), or to
  178  an accredited investor as defined by Rule 501 of Regulation D of
  179  the Securities Act Rules, provided such transfer or assignment
  180  is not for the direct or indirect promotion of any scheme or
  181  enterprise with the intent of violating or evading any provision
  182  of this chapter.
  183         (e) The transfer or assignment of a viaticated policy by a
  184  conservator of a viatical settlement provider appointed by a
  185  court of competent jurisdiction who transfers or assigns
  186  ownership of viaticated policies pursuant to that court's order.
  187         Section 3. Section 517.072, Florida Statutes, is amended to
  188  read:
  189         517.072 Viatical settlement investments.—
  190         (1) The exemptions provided for by ss. 517.051(6), (8), and
  191  (10) do not apply to a viatical settlement investment.
  192         (2) The offering of a viatical settlement investment is not
  193  an exempt transaction under s. 517.061(2), (3), (8), (11), and
  194  (18), regardless of whether the offering otherwise complies with
  195  the conditions of that section, unless such offering is to a
  196  qualified institutional buyer.
  197         (3) The registration provisions of ss. 517.07 and 517.12 do
  198  not apply to any of the following transactions in viatical
  199  settlement investments; however, such transactions in viatical
  200  settlement investments are subject to the provisions of ss.
  201  517.301, 517.311, and 517.312:
  202         (a) The transfer or assignment of an interest in a
  203  previously viaticated policy from a natural person who transfers
  204  or assigns no more than one such interest in a single calendar
  205  year.
  206         (b) The provision of stop-loss coverage to a viatical
  207  settlement provider, financing entity, or related provider
  208  trust, as those terms are defined in s. 626.9911, by an
  209  authorized or eligible insurer.
  210         (c) The transfer or assignment of a viaticated policy from
  211  a licensed viatical settlement provider to another licensed
  212  viatical settlement provider, a related provider trust, a
  213  financing entity, or a special purpose entity, as those terms
  214  are defined in s. 626.9911, or to a contingency insurer,
  215  provided such transfer or assignment is not the direct or
  216  indirect promotion of any scheme or enterprise with the intent
  217  of violating or evading any provision of this chapter.
  218         (d) The transfer or assignment of a viaticated policy to a
  219  bank, trust company, savings institution, insurance company,
  220  dealer, investment company as defined in the Investment Company
  221  Act of 1940, pension or profit-sharing trust, or qualified
  222  institutional buyer as defined in United States Securities and
  223  Exchange Commission Rule 144A, 17 C.F.R. s. 230.144A(a), or to
  224  an accredited investor as defined by Rule 501 of Regulation D of
  225  the Securities Act Rules, provided such transfer or assignment
  226  is not for the direct or indirect promotion of any scheme or
  227  enterprise with the intent of violating or evading any provision
  228  of this chapter.
  229         (e) The transfer or assignment of a viaticated policy by a
  230  conservator of a viatical settlement provider appointed by a
  231  court of competent jurisdiction who transfers or assigns
  232  ownership of viaticated policies pursuant to that court's order.
  233         Section 4. Subsections (7), (8), and (11) and paragraph (b)
  234  of subsection (15) of section 517.12, Florida Statutes, are
  235  amended to read:
  236         517.12 Registration of dealers, associated persons,
  237  investment advisers, and branch offices.—
  238         (7) The application shall also contain such information as
  239  the commission or office may require about the applicant; any
  240  partner, member, officer, or director of the applicant or any
  241  person having a similar status or performing similar functions;
  242  any person directly or indirectly controlling the applicant; or
  243  any employee of a dealer or of an investment adviser rendering
  244  investment advisory services. Each applicant or any natural
  245  person listed on the application form shall file a complete set
  246  of fingerprints. A fingerprint card submitted to the office must
  247  be taken by an authorized law enforcement agency or in a manner
  248  approved by the commission or office by rule. The office shall
  249  submit the fingerprints to the Department of Law Enforcement for
  250  state processing, and the Department of Law Enforcement shall
  251  forward the fingerprints to the Federal Bureau of Investigation
  252  for federal processing. All fingerprint cards submitted to the
  253  Department of Law Enforcement shall be entered into the
  254  statewide automated fingerprint identification system authorized
  255  by s. 943.05(2)(b). The office shall notify the Department of
  256  Law Enforcement when a person whose fingerprint information is
  257  retained by the Department of Law Enforcement is no longer
  258  registered with the office. The cost of the fingerprint
  259  processing may be borne by the office, the employer, or the
  260  person subject to the background check. The Department of Law
  261  Enforcement shall submit an invoice to the office for the
  262  fingerprints received each month. The office shall screen the
  263  background results to determine if the applicant meets licensure
  264  requirements. The commission may waive, by rule, the requirement
  265  that applicants must file a set of fingerprints or the
  266  requirement that such fingerprints must be processed by the
  267  Department of Law Enforcement or the Federal Bureau of
  268  Investigation. The commission or office may require information
  269  about any such applicant or person concerning such matters as:
  270         (a) His or her full name, and any other names by which he
  271  or she may have been known, and his or her age, social security
  272  number, photograph, qualifications, and educational and business
  273  history.
  274         (b) Any injunction or administrative order by a state or
  275  federal agency, national securities exchange, or national
  276  securities association involving a security or any aspect of the
  277  securities business and any injunction or administrative order
  278  by a state or federal agency regulating banking, insurance,
  279  finance, or small loan companies, real estate, mortgage brokers,
  280  or other related or similar industries, which injunctions or
  281  administrative orders relate to such person.
  282         (c) His or her conviction of, or plea of nolo contendere
  283  to, a criminal offense or his or her commission of any acts
  284  which would be grounds for refusal of an application under s.
  285  517.161.
  286         (d) The names and addresses of other persons of whom the
  287  office may inquire as to his or her character, reputation, and
  288  financial responsibility.
  289         (8) The commission or office may require the applicant or
  290  one or more principals or general partners, or natural persons
  291  exercising similar functions, or any associated person applicant
  292  to successfully pass oral or written examinations. Because any
  293  principal, manager, supervisor, or person exercising similar
  294  functions shall be responsible for the acts of the associated
  295  persons affiliated with a dealer or investment adviser, the
  296  examination standards may be higher for a dealer, office
  297  manager, principal, or person exercising similar functions than
  298  for a nonsupervisory associated person. The commission may waive
  299  the examination process when it determines that such
  300  examinations are not in the public interest. The office shall
  301  waive the examination requirements for any person who has passed
  302  any tests as prescribed in s. 15(b)(7) of the Securities
  303  Exchange Act of 1934 that relates to the position to be filled
  304  by the applicant.
  305         (11) If the office finds that the applicant is of good
  306  repute and character and has complied with the provisions of
  307  this chapter and the rules made pursuant hereto, it shall
  308  register the applicant. The registration of each dealer,
  309  investment adviser, branch office, and associated person expires
  310  on December 31 of the year the registration became effective
  311  unless the registrant has renewed his or her registration on or
  312  before that date. The commission may establish by rule
  313  procedures for renewing the registration of a branch office
  314  through the Central Registration Depository. Registration may be
  315  renewed by furnishing such information as the commission may
  316  require, together with payment of the fee required in subsection
  317  (10) for dealers, investment advisers, associated persons, or
  318  branch offices and the payment of any amount lawfully due and
  319  owing to the office pursuant to any order of the office or
  320  pursuant to any agreement with the office. Any dealer,
  321  investment adviser, or associated person, or branch office
  322  registrant who has not renewed a registration by the time the
  323  current registration expires may request reinstatement of such
  324  registration by filing with the office, on or before January 31
  325  of the year following the year of expiration, such information
  326  as may be required by the commission, together with payment of
  327  the fee required in subsection (10) for dealers, investment
  328  advisers, or associated persons, or branch office and a late fee
  329  equal to the amount of such fee. Any reinstatement of
  330  registration granted by the office during the month of January
  331  shall be deemed effective retroactive to January 1 of that year.
  332         (15)
  333         (b) In lieu of filing with the office the applications
  334  specified in subsection (6), the fees required by subsection
  335  (10), the renewals required by subsection (11), and the
  336  termination notices required by subsection (12), the commission
  337  may by rule establish procedures for the deposit of such fees
  338  and documents with the Central Registration Depository or the
  339  Investment Adviser Registration Depository of the Financial
  340  Industry Regulatory Authority National Association of Securities
  341  Dealers, Inc., as developed under contract with the North
  342  American Securities Administrators Association, Inc.
  343         Section 5. Subsection (3) is added to section 517.121,
  344  Florida Statutes, to read:
  345         517.121 Books and records requirements; examinations.—
  346         (3) Registration under s. 517.12 may be immediately
  347  suspended by the office if the registrant fails to provide to
  348  the office, within 30 days after a written request, any of the
  349  records required by this section and the rules adopted under
  350  this section. The suspension may be rescinded if the registrant
  351  submits the requested records to the office. For purposes of s.
  352  120.60(6), failure to provide any of such records constitutes
  353  immediate and serious danger to the public health, safety, and
  354  welfare.
  355         Section 6. Subsection (2) of section 517.1215, Florida
  356  Statutes, is amended to read:
  357         517.1215 Requirements, rules of conduct, and prohibited
  358  business practices for investment advisors and their associated
  359  persons.—
  360         (2) The commission shall by rule establish rules of conduct
  361  and prohibited business practices for investment advisers and
  362  their associated persons. In adopting the rules, the commission
  363  shall consider general industry standards as expressed in the
  364  rules and regulations of the various federal and self-regulatory
  365  agencies and regulatory associations, including, but not limited
  366  to, the United States Securities and Exchange Commission, the
  367  Financial Industry Regulatory Authority National Association of
  368  Securities Dealers, and the North American Securities
  369  Administrators Association.
  370         Section 7. Section 517.1217, Florida Statutes, is amended
  371  to read:
  372         517.1217 Rules of conduct and prohibited business practices
  373  for dealers and their associated persons.—The commission by rule
  374  may establish rules of conduct and prohibited business practices
  375  for dealers and their associated persons. In adopting the rules,
  376  the commission shall consider general industry standards as
  377  expressed in the rules and regulations of the various federal
  378  and self-regulatory agencies and regulatory associations,
  379  including, but not limited to, the United States Securities and
  380  Exchange Commission, the Financial Industry Regulatory Authority
  381  National Association of Securities Dealers, and the North
  382  American Securities Administrators Association.
  383         Section 8. Subsection (2) of section 517.131, Florida
  384  Statutes, is amended to read:
  385         517.131 Securities Guaranty Fund.—
  386         (2) The Securities Guaranty Fund shall be disbursed as
  387  provided in s. 517.141 to a person who is adjudged by a court of
  388  competent jurisdiction to have suffered monetary damages as a
  389  result of any of the following acts committed by a dealer,
  390  investment adviser, or associated person who was licensed under
  391  this chapter at the time the act was committed:
  392         (a) A specific violation of s. 517.07.
  393         (b) A specific violation of s. 517.301.
  394         Section 9. Subsection (1) of section 517.141, Florida
  395  Statutes, is amended to read:
  396         517.141 Payment from the fund.—
  397         (1) Any person who meets all of the conditions prescribed
  398  in s. 517.131 may apply to the office for payment to be made to
  399  such person from the Securities Guaranty Fund in the amount
  400  equal to the unsatisfied portion of such person's judgment or
  401  $10,000, whichever is less, but only to the extent and amount
  402  reflected in the judgment as being actual or compensatory
  403  damages, excluding postjudgment interest, costs, and attorney's
  404  fees.
  405         Section 10. Subsections (1) and (6) of section 517.161,
  406  Florida Statutes, are amended to read:
  407         517.161 Revocation, denial, or suspension of registration
  408  of dealer, investment adviser, associated person, or branch
  409  office.—
  410         (1) Registration under s. 517.12 may be denied or any
  411  registration granted may be revoked, restricted, or suspended by
  412  the office if the office determines that such applicant or
  413  registrant; any partner, member, officer, or director of the
  414  applicant or registrant or any person having a similar status or
  415  performing similar functions; or any person directly or
  416  indirectly controlling the applicant or registrant:
  417         (a) Has violated any provision of this chapter or any rule
  418  or order made under this chapter;
  419         (b) Has made a material false statement in the application
  420  for registration;
  421         (c) Has been guilty of a fraudulent act in connection with
  422  rendering investment advice or in connection with any sale of
  423  securities, has been or is engaged or is about to engage in
  424  making fictitious or pretended sales or purchases of any such
  425  securities or in any practice involving the rendering of
  426  investment advice or the sale of securities which is fraudulent
  427  or in violation of the law;
  428         (d) Has made a misrepresentation or false statement to, or
  429  concealed any essential or material fact from, any person in the
  430  rendering of investment advice or the sale of a security to such
  431  person;
  432         (e) Has failed to account to persons interested for all
  433  money and property received;
  434         (f) Has not delivered, after a reasonable time, to persons
  435  entitled thereto securities held or agreed to be delivered by
  436  the dealer, broker, or investment adviser, as and when paid for,
  437  and due to be delivered;
  438         (g) Is rendering investment advice or selling or offering
  439  for sale securities through any associated person not registered
  440  in compliance with the provisions of this chapter;
  441         (h) Has demonstrated unworthiness to transact the business
  442  of dealer, investment adviser, or associated person;
  443         (i) Has exercised management or policy control over or
  444  owned 10 percent or more of the securities of any dealer or
  445  investment adviser that has been declared bankrupt, or had a
  446  trustee appointed under the Securities Investor Protection Act;
  447  or is, in the case of a dealer or investment adviser, insolvent;
  448         (j) Has been convicted of, or has entered a plea of guilty
  449  or nolo contendere to, regardless of whether adjudication was
  450  withheld, a crime against the laws of this state or any other
  451  state or of the United States or of any other country or
  452  government which relates to registration as a dealer, investment
  453  adviser, issuer of securities, associated person, or branch
  454  office; which relates to the application for such registration;
  455  or which involves moral turpitude or fraudulent or dishonest
  456  dealing;
  457         (k) Has had a final judgment entered against her or him in
  458  a civil action upon grounds of fraud, embezzlement,
  459  misrepresentation, or deceit;
  460         (l) Is of bad business repute;
  461         (m) Has been the subject of any decision, finding, award,
  462  injunction, suspension, prohibition, revocation, denial,
  463  judgment, or administrative order by any court of competent
  464  jurisdiction, administrative law judge, or by any state or
  465  federal agency, national securities, commodities, or option
  466  exchange, or national securities, commodities, or option
  467  association, or any national securities, commodities, or options
  468  dispute resolution forum, involving a violation of any federal
  469  or state securities or commodities law or any rule or regulation
  470  promulgated thereunder, or any rule or regulation of any
  471  national securities, commodities, or options exchange or
  472  national securities, commodities, or options association, or has
  473  been the subject of any injunction or adverse administrative
  474  order by a state or federal agency regulating banking,
  475  insurance, finance or small loan companies, real estate,
  476  mortgage brokers or lenders, money transmitters, or other
  477  related or similar industries. For purposes of this subsection,
  478  the office may not deny registration to any applicant who has
  479  been continuously registered with the office for 5 years from
  480  the date of entry of such decision, finding, injunction,
  481  suspension, prohibition, revocation, denial, judgment, or
  482  administrative order provided such decision, finding,
  483  injunction, suspension, prohibition, revocation, denial,
  484  judgment, or administrative order has been timely reported to
  485  the office pursuant to the commission's rules. For purposes of
  486  this paragraph, the term “state” includes Canadian provinces,
  487  and the term “national” includes other countries; or
  488         (n) Made payment to the office for a registration or notice
  489  filing with a check or electronic transmission of funds that is
  490  dishonored by the applicant's, registrant's, or notice filer's
  491  financial institution.
  492         (6) Registration under s. 517.12 may be denied or any
  493  registration granted may be suspended or restricted if an
  494  applicant or registrant is charged, in a pending enforcement
  495  action or pending criminal prosecution, with any conduct that
  496  would authorize denial or revocation under subsection (1).
  497  Registration under s. 517.12 may be suspended or restricted if a
  498  registrant is arrested for any conduct that would authorize
  499  revocation under subsection (1).
  500         (a) Any denial of registration ordered under this
  501  subsection shall be without prejudice to the applicant's ability
  502  to reapply for registration.
  503         (b) Any order of suspension or restriction under this
  504  subsection shall:
  505         1. Take effect only after a hearing, unless no hearing is
  506  requested by the registrant or unless the suspension or
  507  restriction is made in accordance with s. 120.60(6).
  508         2. Contain a finding that evidence of a prima facie case
  509  supports the charge made in the enforcement action or criminal
  510  prosecution.
  511         3. Operate for no longer than 10 days beyond receipt of
  512  notice by the office of termination with respect to the
  513  registrant of the enforcement action or criminal prosecution.
  514         (c) For purposes of this subsection:
  515         1. The term “enforcement action” means any judicial
  516  proceeding or any administrative proceeding where such judicial
  517  or administrative proceeding is brought by an agency of the
  518  United States or of any state to enforce or restrain violation
  519  of any state or federal law, or any disciplinary proceeding
  520  maintained by the Financial Industry Regulatory Authority
  521  National Association of Securities Dealers, the National Futures
  522  Association, the New York Stock Exchange, or any other similar
  523  self-regulatory organization.
  524         2. An enforcement action is pending at any time after
  525  notice to the applicant or registrant of such action and is
  526  terminated at any time after entry of final judgment or decree
  527  in the case of judicial proceedings, final agency action in the
  528  case of administrative proceedings, and final disposition by a
  529  self-regulatory organization in the case of disciplinary
  530  proceedings.
  531         3. A criminal prosecution is pending at any time after
  532  criminal charges are filed and is terminated at any time after
  533  conviction, acquittal, or dismissal.
  534         Section 11. Section 517.1611, Florida Statutes, is created
  535  to read:
  536         517.1611 Guidelines.—
  537         (1) The commission shall adopt rules setting forth sanction
  538  guidelines for violations by a registrant of any provision of
  539  this chapter or the rules adopted under this chapter. Pursuant
  540  to such rules, registration may be suspended, revoked, or
  541  restricted, or a fine may be imposed based upon violations of
  542  provisions of this chapter or the rules adopted under this
  543  chapter by the registrant; any partner, member, officer, or
  544  director of the registrant or any person having a similar status
  545  or performing similar functions; or any person directly or
  546  indirectly controlling the registrant. Such guidelines shall be
  547  based upon the severity and repetition of specific offenses;
  548  distinguish minor violations from those that endanger the public
  549  health, safety, or welfare; and provide reasonable and
  550  meaningful notice to the public of likely penalties that may be
  551  imposed for proscribed conduct and ensure that such penalties
  552  are imposed in a consistent manner by the office. The guidelines
  553  may be adjusted based on aggravating and mitigating factors
  554  established by rule and consistent with this purpose.
  555         (2) The commission shall adopt rules setting forth
  556  disqualifying periods pursuant to which an applicant will be
  557  disqualified from eligibility for licensure based upon criminal
  558  convictions, pleas of nolo contendere, or pleas of guilt,
  559  regardless of whether adjudication was withheld, by the
  560  applicant; any partner, member, officer, or director of the
  561  applicant or any person having a similar status or performing
  562  similar functions; or any person directly or indirectly
  563  controlling the applicant. Such disqualifying periods may
  564  include a 15-year disqualifying period based upon serious
  565  felonies, a 7-year disqualifying period based upon all other
  566  felonies, and a 5-year disqualifying period based upon
  567  misdemeanors that relate to registration as a dealer, investment
  568  adviser, issuer of securities, associated person, or branch
  569  office; that relate to the application for such registration; or
  570  that involve moral turpitude or fraudulent or dishonest dealing.
  571  The disqualifying period shall be imposed in addition to the
  572  period set by the court order of determination. The rule may
  573  also consider mitigating factors, an additional waiting period
  574  based upon dates of imprisonment or community supervision, an
  575  additional waiting period based upon commitment of multiple
  576  crimes, and other factors reasonably related to the
  577  consideration of an applicant's criminal history. An applicant
  578  is not eligible for registration until the expiration of the
  579  disqualifying period set by rule. Section 112.011 does not apply
  580  to the registration provisions under this chapter. Nothing in
  581  this section changes or amends the grounds for denial under s.
  582  517.161.
  583         Section 12. Section 517.191, Florida Statutes, is amended
  584  to read:
  585         517.191 Injunction to restrain violations; enforcement by
  586  Attorney General.—
  587         (1) When it appears to the office, either upon complaint or
  588  otherwise, that a person has engaged or is about to engage in
  589  any act or practice constituting a violation of this chapter or
  590  a rule or order hereunder, the office may investigate; and
  591  whenever it shall believe from evidence satisfactory to it that
  592  any such person has engaged, is engaged, or is about to engage
  593  in any act or practice constituting a violation of this chapter
  594  or a rule or order hereunder, the office may, in addition to any
  595  other remedies, bring action in the name and on behalf of the
  596  state against such person and any other person concerned in or
  597  in any way participating in or about to participate in such
  598  practices or engaging therein or doing any act or acts in
  599  furtherance thereof or in violation of this chapter to enjoin
  600  such person or persons from continuing such fraudulent practices
  601  or engaging therein or doing any act or acts in furtherance
  602  thereof or in violation of this chapter. In any such court
  603  proceedings, the office may apply for, and on due showing be
  604  entitled to have issued, the court's subpoena requiring
  605  forthwith the appearance of any defendant and her or his
  606  employees, associated persons, or agents and the production of
  607  documents, books, and records that may appear necessary for the
  608  hearing of such petition, to testify or give evidence concerning
  609  the acts or conduct or things complained of in such application
  610  for injunction. In such action, the equity courts shall have
  611  jurisdiction of the subject matter, and a judgment may be
  612  entered awarding such injunction as may be proper.
  613         (2) In addition to all other means provided by law for the
  614  enforcement of any temporary restraining order, temporary
  615  injunction, or permanent injunction issued in any such court
  616  proceedings, the court shall have the power and jurisdiction,
  617  upon application of the office, to impound and to appoint a
  618  receiver or administrator for the property, assets, and business
  619  of the defendant, including, but not limited to, the books,
  620  records, documents, and papers appertaining thereto. Such
  621  receiver or administrator, when appointed and qualified, shall
  622  have all powers and duties as to custody, collection,
  623  administration, winding up, and liquidation of said property and
  624  business as shall from time to time be conferred upon her or him
  625  by the court. In any such action, the court may issue orders and
  626  decrees staying all pending suits and enjoining any further
  627  suits affecting the receiver's or administrator's custody or
  628  possession of the said property, assets, and business or, in its
  629  discretion, may with the consent of the presiding judge of the
  630  circuit require that all such suits be assigned to the circuit
  631  court judge appointing the said receiver or administrator.
  632         (3) In addition to, or in lieu of, any other remedies
  633  provided by this chapter, the office may apply to the court
  634  hearing this matter for an order directing the defendant to of
  635  restitution whereby the defendants in such action shall be
  636  ordered to make restitution of those sums shown by the office to
  637  have been obtained by them in violation of any of the provisions
  638  of this chapter. The office has standing to request such
  639  restitution on behalf of victims in cases brought by the office
  640  under this chapter, regardless of the appointment of an
  641  administrator or receiver under subsection (2) or an injunction
  642  under subsection (1). Further, such restitution shall, at the
  643  option of the court, be payable to the administrator or receiver
  644  appointed pursuant to this section or directly to the persons
  645  whose assets were obtained in violation of this chapter.
  646         (4) In addition to any other remedies provided by this
  647  chapter, the office may apply to the court hearing the matter
  648  for, and the court shall have jurisdiction to impose, a civil
  649  penalty against any person found to have violated any provision
  650  of this chapter, any rule or order adopted by the commission or
  651  office, or any written agreement entered into with the office in
  652  an amount not to exceed $10,000 for a natural person or $25,000
  653  for any other person, or the gross amount of any pecuniary gain
  654  to such defendant for each such violation other than a violation
  655  of s. 517.301 plus $50,000 for a natural person or $250,000 for
  656  any other person, or the gross amount of any pecuniary gain to
  657  such defendant for each violation of s. 517.301.
  658         (5) In addition to all other means provided by law for
  659  enforcing any of the provisions of this chapter, when it appears
  660  to the Attorney General upon complaint or otherwise that a
  661  person has engaged or is engaged in any act or practice
  662  constituting a violation of s. 517.275, s. 517.301, s. 517.311,
  663  or s. 517.312, or any rule or order issued under such sections,
  664  the Attorney General, after approval from the office, may
  665  investigate and enforce the provisions of this section in the
  666  same manner as provided in ss. 517.201, 517.2015, and 517.171.
  667  Whenever the Attorney General has reason to believe that any
  668  such person has engaged or is engaged in any act or practice
  669  constituting a violation of s. 517.275, s. 517.301, s. 517.311,
  670  or s. 517.312, or any rule or orders issued under such sections,
  671  the Attorney General may bring an action against such person and
  672  any other person in any way participating in such act or
  673  practice or engaging in such act or practice or doing any act in
  674  furtherance of such act or practice, to obtain injunctive
  675  relief, restitution, civil penalties, and any remedies provided
  676  for in this section. The Attorney General may recover any costs
  677  and attorney fees related to the investigation or enforcement of
  678  this section. Notwithstanding any other provision of law, moneys
  679  recovered by the Attorney General for costs, attorney fees, and
  680  civil penalties for a violation of this section shall be
  681  deposited in the Legal Affairs Revolving Trust Fund.
  682         Section 13. Subsection (3) of section 517.221, Florida
  683  Statutes, is amended, and subsections (4) and (5) are added to
  684  that section, to read:
  685         517.221 Cease and desist orders.—
  686         (3) The office may impose and collect an administrative
  687  fine against any person found to have violated any provision of
  688  this chapter, any rule or order promulgated by the commission or
  689  office, or any written agreement entered into with the office in
  690  an amount not to exceed $10,000 $5,000 for each such violation.
  691  All fines collected hereunder shall be deposited as received in
  692  the Anti-Fraud Trust Fund.
  693         (4) The office may bar, permanently or for a specific time
  694  period, any person found to have violated any provision of this
  695  chapter, any rule or order adopted by the commission or office,
  696  or any written agreement entered into with the office from
  697  submitting an application or notification for a license or
  698  registration with the office.
  699         (5) Notwithstanding any limitations set forth in any
  700  chapter other than this chapter, time limitations do not apply
  701  to any enforcement actions brought by the office pursuant to its
  702  authority under this chapter.
  703         Section 14. Section 517.275, Florida Statutes, is amended
  704  to read:
  705         517.275 Commodities; prohibited practices.—It is unlawful
  706  and a violation of this chapter for any person to engage in any
  707  act or practice in or from this state, which act or practice
  708  constitutes a violation of any provision of the Commodity
  709  Exchange Act, 7 U.S.C. ss. 1 et seq., as amended, or the rules
  710  and regulations of the Commodity Futures Trading Commission
  711  adopted under that act as amended upon the effective date of
  712  this act.
  713         Section 15. Subsection (9) of section 905.34, Florida
  714  Statutes, is amended, and subsections (11) and (12) are added to
  715  that section to read:
  716         905.34 Powers and duties; law applicable.—The jurisdiction
  717  of a statewide grand jury impaneled under this chapter shall
  718  extend throughout the state. The subject matter jurisdiction of
  719  the statewide grand jury shall be limited to the offenses of:
  720         (9) Any criminal violation of part I of chapter 499; or
  721         (11) Any criminal violation of the Florida Money Laundering
  722  Act; or
  723         (12) Any criminal violation of the Florida Securities and
  724  Investor Protection Act;
  725  or any attempt, solicitation, or conspiracy to commit any
  726  violation of the crimes specifically enumerated above, when any
  727  such offense is occurring, or has occurred, in two or more
  728  judicial circuits as part of a related transaction or when any
  729  such offense is connected with an organized criminal conspiracy
  730  affecting two or more judicial circuits. The statewide grand
  731  jury may return indictments and presentments irrespective of the
  732  county or judicial circuit where the offense is committed or
  733  triable. If an indictment is returned, it shall be certified and
  734  transferred for trial to the county where the offense was
  735  committed. The powers and duties of, and law applicable to,
  736  county grand juries shall apply to a statewide grand jury except
  737  when such powers, duties, and law are inconsistent with the
  738  provisions of ss. 905.31-905.40.
  739         Section 16. This act shall take effect July 1, 2009.