The Florida Senate

896.101  Offense of conduct of financial transaction involving proceeds of unlawful activity; penalties.

896.102  Currency more than $10,000 received in trade or business; report required; noncompliance penalties.

896.103  Transaction which constitutes separate offense.

896.101  Offense of conduct of financial transaction involving proceeds of unlawful activity; penalties.--

(1)  DEFINITIONS.--As used in this section, the term:

(a)  "Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity" means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under state or federal law, regardless of whether or not such activity is specified in paragraph (g).

(b)  "Conducts" includes initiating, concluding, or participating in initiating or concluding a transaction.

(c)  "Transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected.

(d)  "Financial transaction" means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects commerce, or a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, commerce in any way or degree.

(e)  "Monetary instruments" means coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in such form that title thereto passes upon delivery, and negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery.

(f)  "Financial institution" means a financial institution as defined in 31 U.S.C. s. 5312 which institution is located in this state.

(g)  "Specified unlawful activity" means any "racketeering activity" as defined in s. 895.02.

(2)  It is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person:

(a)  Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, to conduct or attempt to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity:

1.  With the intent to promote the carrying on of specified unlawful activity; or

2.  Knowing that the transaction is designed in whole or in part:

a.  To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or

b.  To avoid a transaction reporting requirement under state law.

(b)  To transport or attempt to transport a monetary instrument or funds:

1.  With the intent to promote the carrying on of specified unlawful activity; or

2.  Knowing that the monetary instrument or funds involved in the transportation represent the proceeds of some form of unlawful activity and knowing that such transportation is designed in whole or in part:

a.  To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or

b.  To avoid a transaction reporting requirement under state law.

(c)  To conduct or attempt to conduct a financial transaction which involves property or proceeds which an investigative or law enforcement officer, or someone acting under such officer's direction, represents as being derived from, or as being used to conduct or facilitate, specified unlawful activity, when the person's conduct or attempted conduct is undertaken with the intent:

1.  To promote the carrying on of specified unlawful activity; or

2.  To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds or property believed to be the proceeds of specified unlawful activity; or

3.  To avoid a transaction reporting requirement under state law.

(d)  A person who violates this subsection is also liable for a civil penalty of not more than the greater of the value of the property, funds, or monetary instruments involved in the transaction or $10,000.

(e)  For the purposes of this subsection, "investigative or law enforcement officer" means any officer of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, who is empowered by law to conduct, on behalf of the government, investigations of, or to make arrests for, offenses enumerated in this subsection or similar federal offenses.

History.--ss. 34, 35, 36, ch. 87-243; s. 1, ch. 90-246; s. 74, ch. 91-282; s. 207, ch. 92-303; s. 81, ch. 94-209; s. 8, ch. 96-252; s. 9, ch. 96-260; s. 6, ch. 97-78.

896.102  Currency more than $10,000 received in trade or business; report required; noncompliance penalties.--

(1)  All persons engaged in a trade or business, except for those financial institutions that report to the Comptroller pursuant to s. 655.50, who receive more than $10,000 in currency, including foreign currency, in one transaction, or who receive this amount through two or more related transactions, must complete and file with the Department of Revenue the information required pursuant to 26 U.S.C. s. 6050I., concerning returns relating to currency received in trade or business. Any person who willfully fails to comply with the reporting requirements of this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, or by a fine not exceeding $250,000 or twice the value of the amount of the currency transaction involved, whichever is greater, or by both such imprisonment and fine. For a second or subsequent conviction of a violation of the provisions of this subsection, the maximum fine that may be imposed is $500,000 or quintuple the value of the amount of the currency transaction involved, whichever is greater.

(2)  The Department of Revenue shall enforce compliance with the provisions of subsection (1) and is to be the custodian of all information and documents filed pursuant to subsection (1). Such information and documents are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution; however, the department must provide any report filed under this section, or information contained therein, to federal, state, and local law enforcement and prosecutorial agencies and to the Department of Banking and Finance, and the information is subject to disclosure pursuant to subpoena as provided in s. 213.053(8).

(3)  The Department of Revenue may adopt rules and guidelines to administer and enforce these reporting requirements.

History.--ss. 31, 33, ch. 87-243; s. 18, ch. 88-381; s. 1, ch. 94-187; s. 433, ch. 96-406; s. 29, ch. 98-342.

896.103  Transaction which constitutes separate offense.--Notwithstanding any other provision of law, for purposes of this section and ss. 896.101 and 896.102, each individual currency transaction exceeding $10,000 which is made in violation of the provisions of s. 896.102(1) or each financial transaction in violation of the provisions of s. 896.101(2) which involves the movement of funds in excess of $10,000 shall constitute a separate, punishable offense.

History.--s. 32, ch. 87-243.