Florida Senate - 2009                             CS for SB 1126
       
       
       
       By the Committee on Judiciary; and Senators Richter, Ring, and
       Storms
       
       
       
       590-05197A-09                                         20091126c1
    1                        A bill to be entitled                      
    2         An act relating to investor protection; amending s.
    3         16.56, F.S.; expanding the jurisdiction of the Office
    4         of Statewide Prosecution to investigate and prosecute
    5         certain additional offenses; requiring that certain
    6         charging documents contain certain information;
    7         amending s. 517.021, F.S.; clarifying the definition
    8         of the terms “branch office” and “investment adviser”;
    9         expanding the definition of “viatical settlement
   10         investment” by deleting provisions listing items
   11         exempt from the scope of the term; amending s.
   12         517.072, F.S.; exempting certain transactions
   13         involving viatical settlement investments from certain
   14         registration requirements; specifying applicability of
   15         certain provisions of state law; amending s. 517.12,
   16         F.S.; revising requirements for registration of
   17         dealers, associated persons, investment advisers, and
   18         branch offices; authorizing the Financial Services
   19         Commission to waive certain requirements by rule;
   20         changing an agency reference; amending s. 517.121,
   21         F.S.; authorizing the Office of Financial Regulation
   22         to suspend registration if a registrant fails to
   23         provide certain records; authorizing the office to
   24         rescind suspensions under certain circumstances;
   25         providing that certain actions constitute an immediate
   26         and serious danger to the public safety, health, and
   27         welfare; amending ss. 517.1215 and 517.1217, F.S.;
   28         changing an agency reference; amending s. 517.141,
   29         F.S.; excluding postjudgment interest from payments
   30         made from the Securities Guaranty Fund; amending s.
   31         517.161, F.S.; expanding the class of persons related
   32         to or associated with an applicant or registrant for
   33         which certain violations may result in adverse actions
   34         taken against registrations; authorizing the office to
   35         suspend a registration under certain circumstances;
   36         creating s. 517.1611, F.S.; requiring that the
   37         Financial Services Commission adopt certain
   38         disciplinary guidelines by rule; providing
   39         requirements for such guidelines; requiring that the
   40         commission adopt rules identifying certain mitigating
   41         and aggravating circumstances and rules for
   42         disqualifying registrants for certain periods for
   43         certain criminal actions; providing criteria for such
   44         rules; amending s. 517.191, F.S.; authorizing the
   45         office to apply to the court for orders directing
   46         restitution in addition to or in lieu of other
   47         remedies available pursuant to state law; providing
   48         the office with standing in certain matters;
   49         authorizing the office to apply to the court to impose
   50         civil penalties for certain violations; limiting the
   51         amount of such penalties; requiring that moneys
   52         collected from the imposition of such penalties be
   53         deposited into the Anti-Fraud Trust Fund; authorizing
   54         the Attorney General, with approval of the office, to
   55         investigate and enforce certain provisions of state
   56         law; authorizing the Attorney General to bring certain
   57         actions for injunctive relief; authorizing the
   58         Attorney General to recover certain investigation and
   59         enforcement costs and attorney’s fees; requiring that
   60         certain recovered moneys be deposited into the Legal
   61         Affairs Revolving Trust Fund; preserving the authority
   62         of the office to bring an administrative action in
   63         certain circumstances; prohibiting a person from being
   64         subject to both an administrative fine and a civil
   65         penalty; amending s. 517.221, F.S.; increasing the
   66         amount of certain administrative fines; authorizing
   67         the office to bar certain persons from submitting
   68         applications or notifications for a license or
   69         registration under certain circumstances; amending s.
   70         517.275, F.S.; clarifying a reference to applicable
   71         federal law; amending s. 896.108, F.S.; authorizing
   72         the Department of Law Enforcement to enter into
   73         agreements and pay a reward to any individual or
   74         entity who provides certain original information;
   75         requiring that the executive director of the
   76         department determine the amount of a reward;
   77         authorizing the executive director to exceed statutory
   78         limitations for rewards under certain circumstances;
   79         requiring that rewards be paid only from seized
   80         assets; providing for the holding of seized and
   81         forfeited funds; providing that certain persons are
   82         not eligible for a reward; providing that payment of a
   83         reward does not affect the admissibility of testimony
   84         in any court proceeding; amending s. 905.34, F.S.;
   85         expanding subject matter jurisdiction of the statewide
   86         grand jury to include certain additional offenses;
   87         providing an effective date.
   88  
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. Paragraphs (a) and (b) of subsection (1) of
   92  section 16.56, Florida Statutes, are amended to read:
   93         16.56 Office of Statewide Prosecution.—
   94         (1) There is created in the Department of Legal Affairs an
   95  Office of Statewide Prosecution. The office shall be a separate
   96  “budget entity” as that term is defined in chapter 216. The
   97  office may:
   98         (a) Investigate and prosecute the offenses of:
   99         1. Bribery, burglary, criminal usury, extortion, gambling,
  100  kidnapping, larceny, murder, prostitution, perjury, robbery,
  101  carjacking, and home-invasion robbery;
  102         2. Any crime involving narcotic or other dangerous drugs;
  103         3. Any violation of the provisions of the Florida RICO
  104  (Racketeer Influenced and Corrupt Organization) Act, including
  105  any offense listed in the definition of racketeering activity in
  106  s. 895.02(1)(a), providing such listed offense is investigated
  107  in connection with a violation of s. 895.03 and is charged in a
  108  separate count of an information or indictment containing a
  109  count charging a violation of s. 895.03, the prosecution of
  110  which listed offense may continue independently if the
  111  prosecution of the violation of s. 895.03 is terminated for any
  112  reason;
  113         4. Any violation of the provisions of the Florida Anti
  114  Fencing Act;
  115         5. Any violation of the provisions of the Florida Antitrust
  116  Act of 1980, as amended;
  117         6. Any crime involving, or resulting in, fraud or deceit
  118  upon any person;
  119         7. Any violation of s. 847.0135, relating to computer
  120  pornography and child exploitation prevention, or any offense
  121  related to a violation of s. 847.0135 or any violation of
  122  chapter 827 where the crime is facilitated by or connected to
  123  the use of the Internet or any device capable of electronic data
  124  storage or transmission;
  125         8. Any violation of the provisions of chapter 815;
  126         9. Any criminal violation of part I of chapter 499;
  127         10. Any violation of the provisions of the Florida Motor
  128  Fuel Tax Relief Act of 2004;
  129         11. Any criminal violation of s. 409.920 or s. 409.9201; or
  130         12. Any crime involving voter registration, voting, or
  131  candidate or issue petition activities;
  132         13.Any criminal violation of the Florida Money Laundering
  133  Act; or
  134         14.Any criminal violation of the Florida Securities and
  135  Investor Protection Act;
  136  
  137  or any attempt, solicitation, or conspiracy to commit any of the
  138  crimes specifically enumerated above. The office shall have such
  139  power only when any such offense is occurring, or has occurred,
  140  in two or more judicial circuits as part of a related
  141  transaction, or when any such offense is connected with an
  142  organized criminal conspiracy affecting two or more judicial
  143  circuits. Informations and indictments charging such offenses
  144  shall contain general allegations stating the judicial circuits
  145  and counties in which crimes are alleged to have occurred or the
  146  judicial circuits and counties in which crimes affecting such
  147  circuits or counties are alleged to have been connected with an
  148  organized criminal conspiracy.
  149         (b) Investigate and prosecute any crime enumerated in
  150  subparagraphs (a)1.-14. (a)1.-12. facilitated by or connected to
  151  the use of the Internet. Any such crime is a crime occurring in
  152  every judicial circuit within the state.
  153         Section 2. Subsection (4), paragraph (a) of subsection
  154  (13), and subsection (23) of section 517.021, Florida Statutes,
  155  are amended to read:
  156         517.021 Definitions.—When used in this chapter, unless the
  157  context otherwise indicates, the following terms have the
  158  following respective meanings:
  159         (4) “Branch office” means any location in this state of a
  160  dealer or investment adviser at which one or more associated
  161  persons regularly conduct the business of rendering investment
  162  advice or effecting any transactions in, or inducing or
  163  attempting to induce the purchase or sale of, any security or
  164  any location that is held out as such. The commission may adopt
  165  by rule exceptions to this definition for dealers in order to
  166  maintain consistency with the definition of a branch office used
  167  by self-regulatory organizations authorized by the Securities
  168  and Exchange Commission, including, but not limited to, the
  169  Financial Industry Regulatory Authority National Association of
  170  Securities Dealers or the New York Stock Exchange. The
  171  commission may adopt by rule exceptions to this definition for
  172  investment advisers.
  173         (13)(a) “Investment adviser” includes any person who
  174  receives for compensation, directly or indirectly, and engages
  175  for all or part of her or his time, directly or indirectly, or
  176  through publications or writings, in the business of advising
  177  others as to the value of securities or as to the advisability
  178  of investments in, purchasing of, or selling of securities,
  179  except a dealer whose performance of these services is solely
  180  incidental to the conduct of her or his business as a dealer and
  181  who receives no special compensation for such services.
  182         (23) “Viatical settlement investment” means an agreement
  183  for the purchase, sale, assignment, transfer, devise, or bequest
  184  of all or any portion of a legal or equitable interest in a
  185  viaticated policy as defined in chapter 626. The term does not
  186  include:
  187         (a)The transfer or assignment of an interest in a
  188  previously viaticated policy from a natural person who transfers
  189  or assigns no more than one such interest in 1 calendar year.
  190         (b)The provision of stop-loss coverage to a viatical
  191  settlement provider, financing entity, or related provider
  192  trust, as those terms are defined in s. 626.9911, by an
  193  authorized or eligible insurer.
  194         (c)The transfer or assignment of a viaticated policy from
  195  a licensed viatical settlement provider to another licensed
  196  viatical settlement provider, a related provider trust, a
  197  financing entity, or a special purpose entity, as those terms
  198  are defined in s. 626.9911, or to a contingency insurer provided
  199  that such transfer or assignment is not the direct or indirect
  200  promotion of any scheme or enterprise with the intent of
  201  violating or evading any provision of this chapter.
  202         (d)The transfer or assignment of a viaticated policy to a
  203  bank, trust company, savings institution, insurance company,
  204  dealer, investment company as defined in the Investment Company
  205  Act of 1940, pension or profit-sharing trust, or qualified
  206  institutional buyer as defined in United States Securities and
  207  Exchange Commission Rule 144A, 17 C.F.R. s. 230.144A(a), or to
  208  an accredited investor as defined by Rule 501 of Regulation D of
  209  the Securities Act Rules, provided such transfer or assignment
  210  is not for the direct or indirect promotion of any scheme or
  211  enterprise with the intent of violating or evading any provision
  212  of this chapter.
  213         (e)The transfer or assignment of a viaticated policy by a
  214  conservator of a viatical settlement provider appointed by a
  215  court of competent jurisdiction who transfers or assigns
  216  ownership of viaticated policies pursuant to that court’s order.
  217         Section 3. Section 517.072, Florida Statutes, is amended to
  218  read:
  219         517.072 Viatical settlement investments.—
  220         (1) The exemptions provided for by ss. 517.051(6), (8), and
  221  (10) do not apply to a viatical settlement investment.
  222         (2) The offering of a viatical settlement investment is not
  223  an exempt transaction under s. 517.061(2), (3), (8), (11), and
  224  (18), regardless of whether the offering otherwise complies with
  225  the conditions of that section, unless such offering is to a
  226  qualified institutional buyer.
  227         (3)The registration provisions of ss. 517.07 and 517.12 do
  228  not apply to any of the following transactions in viatical
  229  settlement investments; however, such transactions in viatical
  230  settlement investments are subject to the provisions of ss.
  231  517.301, 517.311, and 517.312:
  232         (a)The transfer or assignment of an interest in a
  233  previously viaticated policy from a natural person who transfers
  234  or assigns no more than one such interest in a single calendar
  235  year.
  236         (b)The provision of stop-loss coverage to a viatical
  237  settlement provider, financing entity, or related provider
  238  trust, as those terms are defined in s. 626.9911, by an
  239  authorized or eligible insurer.
  240         (c)The transfer or assignment of a viaticated policy from
  241  a licensed viatical settlement provider to another licensed
  242  viatical settlement provider, a related provider trust, a
  243  financing entity, or a special purpose entity, as those terms
  244  are defined in s. 626.9911, or to a contingency insurer,
  245  provided such transfer or assignment is not the direct or
  246  indirect promotion of any scheme or enterprise with the intent
  247  of violating or evading any provision of this chapter.
  248         (d)The transfer or assignment of a viaticated policy to a
  249  bank, trust company, savings institution, insurance company,
  250  dealer, investment company as defined in the Investment Company
  251  Act of 1940, pension or profit-sharing trust, or qualified
  252  institutional buyer as defined in United States Securities and
  253  Exchange Commission Rule 144A, 17 C.F.R. s. 230.144A(a), or to
  254  an accredited investor as defined by Rule 501 of Regulation D of
  255  the Securities Act Rules, provided such transfer or assignment
  256  is not for the direct or indirect promotion of any scheme or
  257  enterprise with the intent of violating or evading any provision
  258  of this chapter.
  259         (e)The transfer or assignment of a viaticated policy by a
  260  conservator of a viatical settlement provider appointed by a
  261  court of competent jurisdiction who transfers or assigns
  262  ownership of viaticated policies pursuant to that court’s order.
  263         Section 4. Subsections (7), (8), and (11) and paragraph (b)
  264  of subsection (15) of section 517.12, Florida Statutes, are
  265  amended to read:
  266         517.12 Registration of dealers, associated persons,
  267  investment advisers, and branch offices.—
  268         (7) The application shall also contain such information as
  269  the commission or office may require about the applicant; any
  270  partner, officer member, principal, or director of the applicant
  271  or any person having a similar status or performing similar
  272  functions; any person directly or indirectly controlling the
  273  applicant; or any employee of a dealer or of an investment
  274  adviser rendering investment advisory services. Each applicant,
  275  and any direct owners, principals, or indirect owners as
  276  required to be reported on Forms BD or ADV, as referenced in
  277  subsection (15), shall file a complete set of fingerprints. A
  278  fingerprint card submitted to the office must be taken by an
  279  authorized law enforcement agency or in a manner approved by
  280  commission rule. The office shall submit the fingerprints to the
  281  Department of Law Enforcement for state processing, and the
  282  Department of Law Enforcement shall forward the fingerprints to
  283  the Federal Bureau of Investigation for federal processing. The
  284  cost of the fingerprint processing may be borne by the office,
  285  the employer, or the person subject to the background check. The
  286  Department of Law Enforcement shall submit an invoice to the
  287  office for the fingerprints received each month. The office
  288  shall screen the background results to determine if the
  289  applicant meets licensure requirements. The commission may
  290  waive, by rule, the requirement that applicants, including any
  291  direct owners, principals, or indirect owners as required to be
  292  reported on Forms BD or ADV, as referenced in subsection (15),
  293  must file a set of fingerprints or the requirement that such
  294  fingerprints must be processed by the Department of Law
  295  Enforcement or the Federal Bureau of Investigation. The
  296  commission or office may require information about any such
  297  applicant or person concerning such matters as:
  298         (a) His or her full name, and any other names by which he
  299  or she may have been known, and his or her age, social security
  300  number, photograph, qualifications, and educational and business
  301  history.
  302         (b) Any injunction or administrative order by a state or
  303  federal agency, national securities exchange, or national
  304  securities association involving a security or any aspect of the
  305  securities business and any injunction or administrative order
  306  by a state or federal agency regulating banking, insurance,
  307  finance, or small loan companies, real estate, mortgage brokers,
  308  or other related or similar industries, which injunctions or
  309  administrative orders relate to such person.
  310         (c) His or her conviction of, or plea of nolo contendere
  311  to, a criminal offense or his or her commission of any acts
  312  which would be grounds for refusal of an application under s.
  313  517.161.
  314         (d) The names and addresses of other persons of whom the
  315  office may inquire as to his or her character, reputation, and
  316  financial responsibility.
  317         (8) The commission or office may require the applicant or
  318  one or more principals or general partners, or natural persons
  319  exercising similar functions, or any associated person applicant
  320  to successfully pass oral or written examinations. Because any
  321  principal, manager, supervisor, or person exercising similar
  322  functions shall be responsible for the acts of the associated
  323  persons affiliated with a dealer or investment adviser, the
  324  examination standards may be higher for a dealer, office
  325  manager, principal, or person exercising similar functions than
  326  for a nonsupervisory associated person. The commission may waive
  327  the examination process when it determines that such
  328  examinations are not in the public interest. The office shall
  329  waive the examination requirements for any person who has passed
  330  any tests as prescribed in s. 15(b)(7) of the Securities
  331  Exchange Act of 1934 that relates to the position to be filled
  332  by the applicant.
  333         (11) If the office finds that the applicant is of good
  334  repute and character and has complied with the provisions of
  335  this chapter and the rules made pursuant hereto, it shall
  336  register the applicant. The registration of each dealer,
  337  investment adviser, branch office, and associated person expires
  338  on December 31 of the year the registration became effective
  339  unless the registrant has renewed his or her registration on or
  340  before that date. The commission may establish by rule
  341  procedures for renewing the registration of a branch office
  342  through the Central Registration Depository. Registration may be
  343  renewed by furnishing such information as the commission may
  344  require, together with payment of the fee required in subsection
  345  (10) for dealers, investment advisers, associated persons, or
  346  branch offices and the payment of any amount lawfully due and
  347  owing to the office pursuant to any order of the office or
  348  pursuant to any agreement with the office. Any dealer,
  349  investment adviser, or associated person, or branch office
  350  registrant who has not renewed a registration by the time the
  351  current registration expires may request reinstatement of such
  352  registration by filing with the office, on or before January 31
  353  of the year following the year of expiration, such information
  354  as may be required by the commission, together with payment of
  355  the fee required in subsection (10) for dealers, investment
  356  advisers, or associated persons, or branch office and a late fee
  357  equal to the amount of such fee. Any reinstatement of
  358  registration granted by the office during the month of January
  359  shall be deemed effective retroactive to January 1 of that year.
  360         (15)
  361         (b) In lieu of filing with the office the applications
  362  specified in subsection (6), the fees required by subsection
  363  (10), the renewals required by subsection (11), and the
  364  termination notices required by subsection (12), the commission
  365  may by rule establish procedures for the deposit of such fees
  366  and documents with the Central Registration Depository or the
  367  Investment Adviser Registration Depository of the Financial
  368  Industry Regulatory Authority National Association of Securities
  369  Dealers, Inc., as developed under contract with the North
  370  American Securities Administrators Association, Inc.
  371         Section 5. Subsection (3) is added to section 517.121,
  372  Florida Statutes, to read:
  373         517.121 Books and records requirements; examinations.—
  374         (3)Registration under s. 517.12 may be summarily suspended
  375  by the office pursuant to s. 120.60(6) if the registrant fails
  376  to promptly provide to the office, after a written request, any
  377  of the records required by this section and the rules adopted
  378  under this section. The suspension may be rescinded if the
  379  registrant submits the requested records to the office. For
  380  purposes of s. 120.60(6), failure to provide substantially all
  381  such records constitutes immediate and serious danger to the
  382  public health, safety, and welfare.
  383         Section 6. Subsection (2) of section 517.1215, Florida
  384  Statutes, is amended to read:
  385         517.1215 Requirements, rules of conduct, and prohibited
  386  business practices for investment advisors and their associated
  387  persons.—
  388         (2) The commission shall by rule establish rules of conduct
  389  and prohibited business practices for investment advisers and
  390  their associated persons. In adopting the rules, the commission
  391  shall consider general industry standards as expressed in the
  392  rules and regulations of the various federal and self-regulatory
  393  agencies and regulatory associations, including, but not limited
  394  to, the United States Securities and Exchange Commission, the
  395  Financial Industry Regulatory Authority National Association of
  396  Securities Dealers, and the North American Securities
  397  Administrators Association.
  398         Section 7. Section 517.1217, Florida Statutes, is amended
  399  to read:
  400         517.1217 Rules of conduct and prohibited business practices
  401  for dealers and their associated persons.—The commission by rule
  402  may establish rules of conduct and prohibited business practices
  403  for dealers and their associated persons. In adopting the rules,
  404  the commission shall consider general industry standards as
  405  expressed in the rules and regulations of the various federal
  406  and self-regulatory agencies and regulatory associations,
  407  including, but not limited to, the United States Securities and
  408  Exchange Commission, the Financial Industry Regulatory Authority
  409  National Association of Securities Dealers, and the North
  410  American Securities Administrators Association.
  411         Section 8. Subsection (1) of section 517.141, Florida
  412  Statutes, is amended to read:
  413         517.141 Payment from the fund.—
  414         (1) Any person who meets all of the conditions prescribed
  415  in s. 517.131 may apply to the office for payment to be made to
  416  such person from the Securities Guaranty Fund in the amount
  417  equal to the unsatisfied portion of such person’s judgment or
  418  $10,000, whichever is less, but only to the extent and amount
  419  reflected in the judgment as being actual or compensatory
  420  damages, excluding postjudgment interest, costs, and attorney’s
  421  fees.
  422         Section 9. Subsections (1) and (6) of section 517.161,
  423  Florida Statutes, are amended to read:
  424         517.161 Revocation, denial, or suspension of registration
  425  of dealer, investment adviser, associated person, or branch
  426  office.—
  427         (1) Registration under s. 517.12 may be denied or any
  428  registration granted may be revoked, restricted, or suspended by
  429  the office if the office determines that such applicant or
  430  registrant or any member, principal, or director of the
  431  applicant or registrant, any person having a similar status or
  432  performing similar functions, or any person directly or
  433  indirectly controlling the applicant or registrant:
  434         (a) Has violated any provision of this chapter or any rule
  435  or order made under this chapter;
  436         (b) Has made a material false statement in the application
  437  for registration;
  438         (c) Has been guilty of a fraudulent act in connection with
  439  rendering investment advice or in connection with any sale of
  440  securities, has been or is engaged or is about to engage in
  441  making fictitious or pretended sales or purchases of any such
  442  securities or in any practice involving the rendering of
  443  investment advice or the sale of securities which is fraudulent
  444  or in violation of the law;
  445         (d) Has made a misrepresentation or false statement to, or
  446  concealed any essential or material fact from, any person in the
  447  rendering of investment advice or the sale of a security to such
  448  person;
  449         (e) Has failed to account to persons interested for all
  450  money and property received;
  451         (f) Has not delivered, after a reasonable time, to persons
  452  entitled thereto securities held or agreed to be delivered by
  453  the dealer, broker, or investment adviser, as and when paid for,
  454  and due to be delivered;
  455         (g) Is rendering investment advice or selling or offering
  456  for sale securities through any associated person not registered
  457  in compliance with the provisions of this chapter;
  458         (h) Has demonstrated unworthiness to transact the business
  459  of dealer, investment adviser, or associated person;
  460         (i) Has exercised management or policy control over or
  461  owned 10 percent or more of the securities of any dealer or
  462  investment adviser that has been declared bankrupt, or had a
  463  trustee appointed under the Securities Investor Protection Act;
  464  or is, in the case of a dealer or investment adviser, insolvent;
  465         (j) Has been convicted of, or has entered a plea of guilty
  466  or nolo contendere to, regardless of whether adjudication was
  467  withheld, a crime against the laws of this state or any other
  468  state or of the United States or of any other country or
  469  government which relates to registration as a dealer, investment
  470  adviser, issuer of securities, associated person, or branch
  471  office; which relates to the application for such registration;
  472  or which involves moral turpitude or fraudulent or dishonest
  473  dealing;
  474         (k) Has had a final judgment entered against her or him in
  475  a civil action upon grounds of fraud, embezzlement,
  476  misrepresentation, or deceit;
  477         (l) Is of bad business repute;
  478         (m) Has been the subject of any decision, finding,
  479  injunction, suspension, prohibition, revocation, denial,
  480  judgment, or administrative order by any court of competent
  481  jurisdiction, administrative law judge, or by any state or
  482  federal agency, national securities, commodities, or option
  483  exchange, or national securities, commodities, or option
  484  association, involving a violation of any federal or state
  485  securities or commodities law or any rule or regulation
  486  promulgated thereunder, or any rule or regulation of any
  487  national securities, commodities, or options exchange or
  488  national securities, commodities, or options association, or has
  489  been the subject of any injunction or adverse administrative
  490  order by a state or federal agency regulating banking,
  491  insurance, finance or small loan companies, real estate,
  492  mortgage brokers or lenders, money transmitters, or other
  493  related or similar industries. For purposes of this subsection,
  494  the office may not deny registration to any applicant who has
  495  been continuously registered with the office for 5 years after
  496  from the date of entry of such decision, finding, injunction,
  497  suspension, prohibition, revocation, denial, judgment, or
  498  administrative order provided such decision, finding,
  499  injunction, suspension, prohibition, revocation, denial,
  500  judgment, or administrative order has been timely reported to
  501  the office pursuant to the commission’s rules; or
  502         (n) Made payment to the office for a registration or notice
  503  filing with a check or electronic transmission of funds that is
  504  dishonored by the applicant’s, registrant’s, or notice filer’s
  505  financial institution.
  506         (6) Registration under s. 517.12 may be denied or any
  507  registration granted may be suspended or restricted if an
  508  applicant or registrant is charged, in a pending enforcement
  509  action or pending criminal prosecution, with any conduct that
  510  would authorize denial or revocation under subsection (1).
  511  Registration under s. 517.12 may be suspended or restricted if a
  512  registrant is arrested for any conduct that would authorize
  513  revocation under subsection (1).
  514         (a) Any denial of registration ordered under this
  515  subsection shall be without prejudice to the applicant’s ability
  516  to reapply for registration.
  517         (b) Any order of suspension or restriction under this
  518  subsection shall:
  519         1. Take effect only after a hearing, unless no hearing is
  520  requested by the registrant or unless the suspension or
  521  restriction is made in accordance with s. 120.60(6).
  522         2. Contain a finding that evidence of a prima facie case
  523  supports the charge made in the enforcement action or criminal
  524  prosecution.
  525         3. Operate for no longer than 10 days beyond receipt of
  526  notice by the office of termination with respect to the
  527  registrant of the enforcement action or criminal prosecution.
  528         (c) For purposes of this subsection:
  529         1. The term “enforcement action” means any judicial
  530  proceeding or any administrative proceeding where such judicial
  531  or administrative proceeding is brought by an agency of the
  532  United States or of any state to enforce or restrain violation
  533  of any state or federal law, or any disciplinary proceeding
  534  maintained by the Financial Industry Regulatory Authority
  535  National Association of Securities Dealers, the National Futures
  536  Association, the New York Stock Exchange, or any other similar
  537  self-regulatory organization.
  538         2. An enforcement action is pending at any time after
  539  notice to the applicant or registrant of such action and is
  540  terminated at any time after entry of final judgment or decree
  541  in the case of judicial proceedings, final agency action in the
  542  case of administrative proceedings, and final disposition by a
  543  self-regulatory organization in the case of disciplinary
  544  proceedings.
  545         3. A criminal prosecution is pending at any time after
  546  criminal charges are filed and is terminated at any time after
  547  conviction, acquittal, or dismissal.
  548         Section 10. Section 517.1611, Florida Statutes, is created
  549  to read:
  550         517.1611Guidelines.—
  551         (1)The commission shall adopt by rule disciplinary
  552  guidelines applicable to each ground for disciplinary action
  553  that may be imposed by the office.
  554         (a)The disciplinary guidelines shall specify a range of
  555  penalties based upon the severity and repetition of specific
  556  offenses. The disciplinary guidelines shall distinguish minor
  557  violations from violations that endanger the public health,
  558  safety, or welfare; provide reasonable notice to the public of
  559  penalties that may be imposed for proscribed conduct; and ensure
  560  that penalties are imposed in a consistent manner by the office.
  561         (b)The commission shall identify mitigating and
  562  aggravating circumstances by rule that allow the office to
  563  impose a penalty other than that specified in the guidelines.
  564         (2)The commission shall adopt by rule disqualifying
  565  periods pursuant to which an applicant will be disqualified from
  566  eligibility for registration based upon criminal convictions,
  567  pleas of nolo contendere, or pleas of guilt, regardless of
  568  whether adjudication was withheld, by the applicant; any
  569  partner, member, officer, or director of the applicant or any
  570  person having a similar status or performing similar functions;
  571  or any person directly or indirectly controlling the applicant.
  572         (a)The disqualifying periods shall be 15 years for a
  573  felony and 5 years for a misdemeanor.
  574         (b)The disqualifying periods shall be related to crimes
  575  involving registration as a dealer, investment adviser, issuer
  576  of securities, associated person, or branch office or the
  577  application for such registration or involving moral turpitude
  578  or fraudulent or dishonest dealing.
  579         (c)The rules may also address mitigating factors, an
  580  additional waiting period based upon dates of imprisonment or
  581  community supervision, an additional waiting period based upon
  582  commitment of multiple crimes, and other factors reasonably
  583  related to the consideration of an applicant’s criminal history.
  584         (d)An applicant is not eligible for registration until the
  585  expiration of the disqualifying period set by rule. Section
  586  112.011 does not apply to the registration provisions under this
  587  chapter. Nothing in this section changes or amends the grounds
  588  for denial under s. 517.161.
  589         Section 11. Subsection (3) of section 517.191, Florida
  590  Statutes, is amended, and subsections (4), (5), (6), and (7) are
  591  added to that section, to read:
  592         517.191 Injunction to restrain violations; civil penalties;
  593  enforcement by Attorney General.—
  594         (3) In addition to, or in lieu of, any other remedies
  595  provided by this chapter, the office may apply to the court
  596  hearing this matter for an order directing the defendant of
  597  restitution whereby the defendants in such action shall be
  598  ordered to make restitution of those sums shown by the office to
  599  have been obtained by them in violation of any of the provisions
  600  of this chapter. The office has standing to request such
  601  restitution on behalf of victims in cases brought by the office
  602  under this chapter, regardless of the appointment of an
  603  administrator or receiver under subsection (2) or an injunction
  604  under subsection (1). Further, such restitution shall, at the
  605  option of the court, be payable to the administrator or receiver
  606  appointed pursuant to this section or directly to the persons
  607  whose assets were obtained in violation of this chapter.
  608         (4)In addition to any other remedies provided by this
  609  chapter, the office may apply to the court hearing the matter
  610  for, and the court shall have jurisdiction to impose, a civil
  611  penalty against any person found to have violated any provision
  612  of this chapter, any rule or order adopted by the commission or
  613  office, or any written agreement entered into with the office in
  614  an amount not to exceed $10,000 for a natural person or $25,000
  615  for any other person, or the gross amount of any pecuniary gain
  616  to such defendant for each such violation other than a violation
  617  of s. 517.301 plus $50,000 for a natural person or $250,000 for
  618  any other person, or the gross amount of any pecuniary gain to
  619  such defendant for each violation of s. 517.301. All civil
  620  penalties collected pursuant to this subsection shall be
  621  deposited into the Anti-Fraud Trust Fund.
  622         (5)In addition to all other means provided by law for
  623  enforcing any of the provisions of this chapter, when the
  624  Attorney General, upon complaint or otherwise, has reason to
  625  believe that a person has engaged or is engaged in any act or
  626  practice constituting a violation of s. 517.275, s. 517.301, s.
  627  517.311, or s. 517.312, or any rule or order issued under such
  628  sections, the Attorney General may investigate and bring an
  629  action to enforce these provisions as provided in ss. 517.201,
  630  517.2015, and 517.171 after receiving written approval from the
  631  office. Such an action may be brought against such person and
  632  any other person in any way participating in such act or
  633  practice or engaging in such act or practice or doing any act in
  634  furtherance of such act or practice, to obtain injunctive
  635  relief, restitution, civil penalties, and any remedies described
  636  in this section. The Attorney General may recover any costs and
  637  attorney fees related to the Attorney General’s investigation or
  638  enforcement of this section. Notwithstanding any other provision
  639  of law, moneys recovered by the Attorney General for costs,
  640  attorney fees, and civil penalties for a violation of s.
  641  517.275, s. 517.301, s. 517.311, or s. 517.312, or any rule or
  642  order issued pursuant to those sections, shall be deposited in
  643  the Legal Affairs Revolving Trust Fund, which may be used to
  644  investigate and enforce this section.
  645         (6)This section does not limit the authority of the office
  646  to bring an administrative action against any person who is the
  647  subject of a civil action brought pursuant to this section or
  648  limit the authority of the office to engage in investigations or
  649  enforcement actions with the Attorney General. A person may not
  650  be subject to both a civil penalty under s. 517.191(4) and an
  651  administrative fine under s. 517.221(3) as the result of the
  652  same facts.
  653         (7)Notwithstanding s. 95.11(4)(e), an enforcement action
  654  brought under this section based on a violation of any provision
  655  of this chapter or any rule or order issued under this chapter
  656  may be brought within 6 years after the facts giving rise to the
  657  cause of action were discovered or should have been discovered
  658  with the exercise of due diligence, but not more than 8 years
  659  after the date such violation occurred.
  660         Section 12. Subsection (3) of section 517.221, Florida
  661  Statutes, is amended, and subsection (4) is added to that
  662  section, to read:
  663         517.221 Cease and desist orders.—
  664         (3) The office may impose and collect an administrative
  665  fine against any person found to have violated any provision of
  666  this chapter, any rule or order promulgated by the commission or
  667  office, or any written agreement entered into with the office in
  668  an amount not to exceed $10,000 $5,000 for each such violation.
  669  All fines collected hereunder shall be deposited as received in
  670  the Anti-Fraud Trust Fund.
  671         (4)The office may bar, permanently or for a specified
  672  period, any person found to have violated any provision of this
  673  chapter, any rule or order adopted by the commission or office,
  674  or any written agreement entered into with the office from
  675  submitting an application or notification for a license or
  676  registration with the office.
  677         Section 13. Section 517.275, Florida Statutes, is amended
  678  to read:
  679         517.275 Commodities; prohibited practices.—It is unlawful
  680  and a violation of this chapter for any person to engage in any
  681  act or practice in or from this state, which act or practice
  682  constitutes a violation of any provision of the Commodity
  683  Exchange Act, 7 U.S.C. ss. 1 et seq., as amended, or the rules
  684  and regulations of the Commodity Futures Trading Commission
  685  adopted under that act as amended upon the effective date of
  686  this act.
  687         Section 14. Section 896.108, Florida Statutes, is created
  688  to read:
  689         896.108Rewards for private entities combating
  690  international money laundering.—
  691         (1)The Department of Law Enforcement, when conducting any
  692  investigation of a violation of this chapter, may enter into
  693  agreements and pay a reward to any individual or entity who
  694  provides original information that leads to a recovery of a
  695  criminal fine, civil penalty, or forfeiture based in whole or in
  696  part upon a violation of federal law or the laws of this state.
  697         (2)The executive director of the Department of Law
  698  Enforcement shall determine the amount of a reward under this
  699  section. The executive director, with written approval of the
  700  Office of the Attorney General, may exceed the limits of rewards
  701  provided in s. 896.107 if the criminal fine, civil penalty, or
  702  forfeiture amount received by the state warrants an upward
  703  departure from such limits. Notwithstanding any other provision
  704  of law, rewards paid under this section may be paid only from
  705  seized assets awarded by the court. Funds seized by the
  706  Department of Law Enforcement pursuant to this chapter shall be
  707  placed in the Department’s Forfeiture and Investigative Support
  708  Trust Fund established in s. 943.362, or for funds secured
  709  through the federal forfeiture actions in the Federal Law
  710  Enforcement Trust Fund established in s. 943.365, excluding any
  711  rewards paid as provided herein.
  712         (3)An officer or employee of the Federal Government, a
  713  state or local government, or a foreign government who in the
  714  performance of official duties provides information described in
  715  subsection (1) is not eligible for a reward under this section.
  716         (4)Payment of a reward does not affect the admissibility
  717  of testimony in any court proceeding.
  718         Section 15. Subsection (9) of section 905.34, Florida
  719  Statutes, is amended, and subsections (11) and (12) are added to
  720  that section, to read:
  721         905.34 Powers and duties; law applicable.—The jurisdiction
  722  of a statewide grand jury impaneled under this chapter shall
  723  extend throughout the state. The subject matter jurisdiction of
  724  the statewide grand jury shall be limited to the offenses of:
  725         (9) Any criminal violation of part I of chapter 499; or
  726         (11)Any criminal violation of the Florida Money Laundering
  727  Act; or
  728         (12)Any criminal violation of the Florida Securities and
  729  Investor Protection Act;
  730  
  731  or any attempt, solicitation, or conspiracy to commit any
  732  violation of the crimes specifically enumerated above, when any
  733  such offense is occurring, or has occurred, in two or more
  734  judicial circuits as part of a related transaction or when any
  735  such offense is connected with an organized criminal conspiracy
  736  affecting two or more judicial circuits. The statewide grand
  737  jury may return indictments and presentments irrespective of the
  738  county or judicial circuit where the offense is committed or
  739  triable. If an indictment is returned, it shall be certified and
  740  transferred for trial to the county where the offense was
  741  committed. The powers and duties of, and law applicable to,
  742  county grand juries shall apply to a statewide grand jury except
  743  when such powers, duties, and law are inconsistent with the
  744  provisions of ss. 905.31-905.40.
  745         Section 16. This act shall take effect July 1, 2009.