CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Crow, Bitner, Henriquez, Sublette, Roberts,

12  and Wiles offered the following:

13

14         Substitute Amendment for Amendment (554129) (with title

15  amendment) 

16  Remove from the bill:  Everything after the enacting clause

17

18  and insert in lieu thereof:

19         Section 1.  Section 311.12, Florida Statutes, is

20  created to read:

21         311.12  Seaport security.--

22         (1)  The Office of Drug Control within the Executive

23  Office of the Governor, in consultation with the Florida

24  Seaport Transportation and Economic Development Council, and

25  in conjunction with the Florida Department of Law Enforcement

26  and local law enforcement agencies having primary authority

27  over the affected seaports, shall develop, by January 1, 2001,

28  a statewide security plan based upon the Florida Seaport

29  Security Assessment 2000 conducted by the Office of Drug

30  Control.  Such plan shall establish statewide minimum

31  standards for seaport security including the prevention of

                                  1

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  criminal activity including money laundering.  The statewide

 2  seaport security plan shall identify the funding needs for

 3  security requirements of all relevant ports and shall

 4  recommend mechanisms to fund those needs including an analysis

 5  of the ability of seaports to provide funding for necessary

 6  improvements. The statewide seaport security plan shall be

 7  submitted to the Speaker of the House of Representatives and

 8  the President of the Senate and the chairs of the fiscal

 9  committees of the House of Representatives and Senate for

10  review on or before January 1, 2001.

11         (2)  All seaports, as identified pursuant to s.

12  311.09(1), in conjunction with and pending review and approval

13  by the Office of Drug Control, within the Executive Office of

14  the Governor, and the Florida Department of Law Enforcement,

15  and in consultation with the Florida Seaport Transportation

16  and Economic Development Council, shall no later than January

17  31, 2001, develop and draft individual seaport security plans

18  particular to the specific and identifiable needs of their

19  respective seaports.

20         (a)  Each seaport security plan shall adhere to the

21  statewide minimum standards established pursuant to subsection

22  (1).

23         (b)  All such seaports shall allow unimpeded access to

24  the affected ports for purposes of inspections by the

25  Department of Law Enforcement as authorized by this section.

26         (3)  A fingerprint-based criminal history check shall

27  be performed on any applicant for employment or current

28  employee, as designated by each security plan required by

29  subsection (2), who will be working within the property of or

30  have regular access to any seaport listed in s. 311.09(1). The

31  costs of such checks shall be paid by the seaport or employing

                                  2

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  entity or any person so checked. The applicant or employee

 2  shall file a complete set of fingerprints taken in a manner

 3  required by the Department of Law Enforcement and the security

 4  plan. These fingerprints shall be submitted to the Department

 5  of Law Enforcement for state processing and to the Federal

 6  Bureau of Investigation for federal processing. The results of

 7  the checks shall be reported to the seaports.

 8         (4)  The affected seaports shall implement the security

 9  plans developed under this section by April 30, 2002,

10  contingent upon legislative approval of the statewide security

11  plan established pursuant to subsection (1). The Department of

12  Law Enforcement, or any entity selected by the department,

13  shall conduct no less than once annually an unannounced

14  inspection of each seaport listed in s. 311.09(1) to determine

15  whether the seaport is meeting the minimum standards

16  established under the authority of this section. The

17  Department of Law Enforcement, in consultation with the Office

18  of Drug Control within the Executive Office of the Governor,

19  shall complete a report indicating the results of all such

20  inspections conducted during the year and any suggestions or

21  concerns developed by reason of such inspections by no later

22  than December 31 of each year. A copy of the report shall be

23  provided to the Governor, the President of the Senate, the

24  Speaker of the House of Representatives, and the chief

25  administrator of each seaport inspected. The report shall, to

26  the extent possible, include responses from the chief

27  administrator of any seaport about which suggestions have been

28  made or security concerns raised, indicating what actions, if

29  any, have been taken or are planned to be taken in response to

30  the suggestions or concerns noted.

31         (5)  Nothing in this section shall be construed as

                                  3

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  preventing any seaport from implementing security measures

 2  that are more stringent, greater than, or supplemental to, the

 3  minimum standards established by this section.

 4         Section 2.  Subsection (2) of section 560.103, Florida

 5  Statutes, is amended to read:

 6         560.103  Definitions.--As used in the code, unless the

 7  context otherwise requires:

 8         (2)  "Authorized vendor" means a person designated by a

 9  registrant to engage in the business of a money transmitter on

10  behalf of the registrant at locations in this state pursuant

11  to a written contract with the registrant.

12         Section 3.  Section 560.1073, Florida Statutes, is

13  created to read:

14         560.1073  False or misleading statements or supporting

15  documents; penalty.--Any person who, personally or otherwise,

16  files with the department, or signs as the duly authorized

17  representative for filing with the department, any financial

18  statement or any document in support thereof which is required

19  by law or rule with intent to deceive and with knowledge that

20  the statement or document is materially false or materially

21  misleading commits a felony of the third degree, punishable as

22  provided in s. 775.082, s. 775.083, or s. 775.084.

23         Section 4.  Subsection (1) of section 560.111, Florida

24  Statutes, is amended to read:

25         560.111  Prohibited acts and practices.--

26         (1)  It is unlawful for any money transmitter or money

27  transmitter-affiliated party to:

28         (a)  Knowingly Receive or possess itself of any

29  property otherwise than in payment of a just demand, and, with

30  intent to deceive or defraud, to omit to make or cause to be

31  made a full and true entry thereof in its books and accounts,

                                  4

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  or to concur in omitting to make any material entry thereof;

 2         (b)  Embezzle, abstract, or misapply any money,

 3  property, or thing of value of the money transmitter or

 4  authorized vendor with intent to deceive or defraud such money

 5  transmitter or authorized vendor;

 6         (c)  Make any false entry in any book, report, or

 7  statement of such money transmitter or authorized vendor with

 8  intent to deceive or defraud such money transmitter,

 9  authorized vendor, or another person, or with intent to

10  deceive the department, any other state or federal appropriate

11  regulatory agency, or any authorized representative appointed

12  to examine or investigate the affairs of such money

13  transmitter or authorized vendor;

14         (d)  Engage in an act that violates 18 U.S.C. s. 1956,

15  31 U.S.C. s. 5324, or any other law, rule, or regulation of

16  another state or of the United States relating to the business

17  of money transmission or usury which may cause the denial or

18  revocation of a money transmitter license or registration in

19  such jurisdiction;

20         (e)  Deliver or disclose to the department or any of

21  its employees any examination report, report of condition,

22  report of income and dividends, audit, account, statement, or

23  document known by it to be fraudulent or false as to any

24  material matter; or

25         (f)  Knowingly Place among the assets of such money

26  transmitter or authorized vendor any note, obligation, or

27  security that the money transmitter or authorized vendor does

28  not own or that to the person's knowledge is fraudulent or

29  otherwise worthless, or for any such person to represent to

30  the department that any note, obligation, or security carried

31  as an asset of such money transmitter or authorized vendor is

                                  5

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  the property of the money transmitter or authorized vendor and

 2  is genuine if it is known to such person that such

 3  representation is false or that such note, obligation, or

 4  security is fraudulent or otherwise worthless.

 5         Section 5.  Section 560.114, Florida Statutes, is

 6  amended to read:

 7         560.114  Disciplinary actions.--

 8         (1)  The following actions by a money transmitter or

 9  money transmitter-affiliated party are violations of the code

10  and constitute grounds for the issuance of a cease and desist

11  order, the issuance of a removal order, the denial of a

12  registration application or the suspension or revocation of

13  any registration previously issued pursuant to the code, or

14  the taking of any other action within the authority of the

15  department pursuant to the code:

16         (a)  Knowing Failure to comply with any provision of

17  the code, any rule or order adopted pursuant thereto, or any

18  written agreement entered into with the department.

19         (b)  Fraud, misrepresentation, deceit, or gross

20  negligence in any transaction involving money transmission,

21  regardless of reliance thereon by, or damage to, a money

22  transmitter customer.

23         (c)  Fraudulent misrepresentation, circumvention, or

24  concealment of any matter required to be stated or furnished

25  to a money transmitter customer pursuant to the code,

26  regardless of reliance thereon by, or damage to, such

27  customer.

28         (d)  False, deceptive, or misleading advertising by a

29  money transmitter or authorized vendor.

30         (e)  Failure to maintain, preserve, and keep available

31  for examination all books, accounts, or other documents

                                  6

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  required by the code, by any rule or order adopted pursuant to

 2  the code, or by any agreement entered into with the

 3  department.

 4         (f)  Any fact or condition that exists that, if it had

 5  existed or had been known to exist at the time the money

 6  transmitter applied for registration, would have been grounds

 7  for denial of registration.

 8         (f)(g)  A willful Refusal to permit the examination or

 9  inspection of books and records in an investigation or

10  examination by the department, pursuant to the provisions of

11  the code, or to comply with a subpoena issued by the

12  department.

13         (g)(h)  Failure of the money transmitter or authorized

14  vendor to pay a judgment recovered in any court in this state

15  by a claimant in an action arising out of a money transmission

16  transaction within 30 days after the judgment becomes final.

17         (h)(i)  Engaging in an a prohibited act or practice

18  proscribed by s. 560.111.

19         (i)(j)  Insolvency or operating in an unsafe and

20  unsound manner.

21         (j)(k)  Failure by a money transmitter to remove a

22  money transmitter-affiliated party after the department has

23  issued and served upon the money transmitter a final order

24  setting forth a finding that the money transmitter-affiliated

25  party has knowingly violated any provision of the code.

26         (2)  In addition to the acts specified in subsection

27  (1), the following acts are grounds for denial of registration

28  or for revocation, suspension, or restriction of registration

29  previously granted:

30         (k)(a)  Making any A material misstatement or

31  misrepresentation or committing any fraud of fact in an

                                  7

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  initial or renewal application for registration.

 2         (l)(b)  Committing any act resulting in Having an

 3  application for registration, or a registration or its

 4  equivalent, to practice any profession or occupation being

 5  denied, suspended, revoked, or otherwise acted against by a

 6  registering authority in any jurisdiction or a finding by an

 7  appropriate regulatory body of engaging in unlicensed activity

 8  as a money transmitter within any jurisdiction for fraud or

 9  dishonest dealing.

10         (m)(c)  Committing any act resulting in Having a

11  registration or its equivalent, or an application for

12  registration, to practice any profession or occupation being

13  denied, suspended, or otherwise acted against by a registering

14  authority in any jurisdiction for a violation of 18 U.S.C. s.

15  1956, 31 U.S.C. s. 5324, or any other law, rule, or regulation

16  of another state or of the United States relating to the

17  business of money transmission or usury which may cause the

18  denial or revocation of a money transmitter license or

19  registration in such jurisdiction.

20         (n)(d)  Having been convicted of or found guilty of, or

21  having pleaded guilty or nolo contendere to, any felony or

22  crime punishable by imprisonment of 1 year or more under the

23  law of any state or of the United States which involves a

24  crime involving fraud, moral turpitude, or dishonest dealing,

25  without regard to whether a judgment of conviction has been

26  entered by the court.

27         (o)(e)  Having been convicted of or found guilty of, or

28  having pleaded guilty or nolo contendere to, a crime under 18

29  U.S.C. s. 1956 or 31 U.S.C. s. 5324, without regard to whether

30  a judgment of conviction has been entered by the court.

31         (p)  Having been convicted of or found guilty of, or

                                  8

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  having pleaded guilty or nolo contendere to, misappropriation,

 2  conversion, or unlawful withholding of moneys that belong to

 3  others and were received in the conduct of the business of the

 4  money transmitter.

 5         (q)  Failure to inform the department in writing within

 6  15 days after pleading guilty or nolo contendere to, or being

 7  convicted or found guilty of, any felony or crime punishable

 8  by imprisonment of 1 year or more under the law of any state

 9  or of the United States, or of any crime involving fraud,

10  moral turpitude, or dishonest dealing, without regard to

11  whether a judgment of conviction has been entered by the

12  court.

13         (r)  Aiding, assisting, procuring, advising, or

14  abetting any person in violating a provision of this code or

15  any order or rule of the department.

16         (s)  Failure to timely pay any fee, charge, or fine

17  under the code.

18         (t)  Failure to pay any judgment entered by any court

19  within 30 days after the judgment becomes final.

20         (u)  Engaging or holding oneself out to be engaged in

21  the business of a money transmitter without the proper

22  registration.

23         (v)(f)  Any action that would be grounds for denial of

24  a registration or for revocation, suspension, or restriction

25  of a registration previously granted under part III of this

26  chapter.

27         (2)  The department may issue a cease and desist order

28  or removal order, suspend or revoke any previously issued

29  registration, or take any other action within the authority of

30  the department against a money transmitter based on any fact

31  or condition that exists and that, if it had existed or been

                                  9

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  known to exist at the time the money transmitter applied for

 2  registration, would have been grounds for denial of

 3  registration.

 4         (3)  Each money transmitter is responsible for any act

 5  of its authorized vendors if the money transmitter should have

 6  known of the act or, if the money transmitter has actual

 7  knowledge that such act is a violation of the code and the

 8  money transmitter willfully allowed such act to continue. Such

 9  responsibility is limited to conduct engaged in by the

10  authorized vendor pursuant to the authority granted to it by

11  the money transmitter.

12         (4)  If a registration granted under this code expires

13  or is surrendered by the registrant during the pendency of an

14  administrative action under this code, the proceeding may

15  continue as if the registration were still in effect.

16         Section 6.  Section 560.117, Florida Statutes, is

17  amended to read:

18         560.117  Administrative fines; enforcement.--

19         (1)  The department may, by complaint, initiate a

20  proceeding pursuant to chapter 120 to impose an administrative

21  fine against any person found to have violated any provision

22  of the code or a cease and desist order of the department or

23  any written agreement with the department. However, the

24  department shall give notice, in writing, if it suspects that

25  the licensee has violated any of the following provisions of

26  the code and shall give the licensee 15 days after actual

27  notice is served on the person within which to correct the

28  violation before bringing disciplinary action under the code:

29         (a)  Failure to timely pay any fee, charge, or fine

30  under the code;

31         (b)  Failure to pay any judgment entered by any court

                                  10

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  within 30 days after the judgment becomes final;

 2         (c)  Failure to notify the department of a change of

 3  control of a money transmitter as required by s. 560.127; or

 4         (d)  Failure to notify the department of any change of

 5  address or fictitious name as required by s. 560.205. No such

 6  proceeding shall be initiated and no fine shall accrue

 7  pursuant to this section until after such person has been

 8  notified in writing of the nature of the violation and has

 9  been afforded a reasonable period of time, as set forth in the

10  notice, to correct the violation and has failed to do so.

11

12  Except as provided in this section, such fine may not exceed

13  $100 a day for each violation. The department may excuse any

14  such fine with a showing of good cause by the person being

15  fined.

16         (2)  If the department finds that one or more grounds

17  exist for the suspension, revocation, or refusal to renew or

18  continue a license or registration issued under this chapter,

19  the department may, in addition to or in lieu of suspension,

20  revocation, or refusal to renew or continue a license or

21  registration, impose a fine in an amount up to $10,000 for

22  each violation of this chapter.

23         (3)(2)  Notwithstanding any other provision of this

24  section, the department may impose a fine not to exceed $1,000

25  per day for each day that a person violates the code by

26  engaging in the business of a money transmitter without being

27  registered.

28         (4)(3)  Any administrative fine levied by the

29  department may be enforced by the department by appropriate

30  proceedings in the circuit court of the county in which such

31  person resides or maintains a principal office. In any

                                  11

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  administrative or judicial proceeding arising under this

 2  section, a party may elect to correct the violation asserted

 3  by the department and, upon the party's doing so, any fine

 4  ceases to accrue; however, an election to correct the

 5  violation does not render moot any administrative or judicial

 6  proceeding.

 7         Section 7.  Section 560.118, Florida Statutes, is

 8  amended to read:

 9         560.118  Examinations, reports, and internal audits;

10  penalty.--

11         (1)(a)  The department may conduct an examination of a

12  money transmitter or authorized vendor by providing not less

13  than 15 days' advance notice to the money transmitter or

14  authorized vendor. However, if the department suspects that

15  the money transmitter or authorized vendor has violated any

16  provisions of this code or any criminal laws of this state or

17  of the United States or is engaging in an unsafe and unsound

18  practice, the department may, at any time without advance

19  notice, conduct an examination of all affairs, activities,

20  transactions, accounts, business records, and assets of any

21  money transmitter or any money transmitter-affiliated party

22  for the protection of the public. For the purpose of

23  examinations, the department may administer oaths and examine

24  a money transmitter or any of its affiliated parties

25  concerning their operations and business activities and

26  affairs.; however, whenever the department has reason to

27  believe that a money transmitter or authorized vendor is

28  engaging in an unsafe and unsound practice, or has violated or

29  is violating any provision of the code, the department may

30  make an examination of such money transmitter or authorized

31  vendor without providing advance notice. The department may

                                  12

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  accept an audit or examination from any appropriate regulatory

 2  agency or from an independent third party with respect to the

 3  operations of a money transmitter or an authorized vendor. The

 4  department may also make a joint or concurrent examination

 5  with any state or federal appropriate regulatory agency. The

 6  department may furnish a copy of all examinations made of such

 7  money transmitter or authorized vendor to the money

 8  transmitter and any appropriate regulatory agency provided

 9  that such agency agrees to abide by the confidentiality

10  provisions as set forth in chapter 119.

11         (b)  Persons subject to this chapter who are examined

12  shall make available to the department or its examiners the

13  accounts, records, documents, files, information, assets, and

14  matters which are in their immediate possession or control and

15  which relate to the subject of the examination.  Those

16  accounts, records, documents, files, information, assets, and

17  matters not in their immediate possession shall be made

18  available to the department or the department's examiners

19  within 10 days after actual notice is served on such persons.

20         (c)(b)  The department may require an examination or

21  audit of a money transmitter required under this section may

22  be performed or authorized vendor by an independent third

23  party that has been approved by the department or by a

24  certified public accountant authorized to do business in the

25  United States. The examination of a money transmitter or

26  authorized vendor required under this section may be performed

27  by an independent third party that has been approved by the

28  department or by a certified public accountant authorized to

29  do business in the United States.  The cost of such an

30  independent examination or audit shall be directly borne by

31  the money transmitter or authorized vendor.

                                  13

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         (d)(c)  The department may recover the costs of a

 2  regular examination and supervision of a money transmitter or

 3  authorized vendor; however, the department may not recover the

 4  costs of more than one examination in any 12-month period

 5  unless the department has determined that the money

 6  transmitter or authorized vendor is operating in an unsafe or

 7  unsound or unlawful manner.

 8         (e)(d)  The department may, by rule, set a maximum

 9  per-day examination cost for a regular examination. Such

10  per-day cost may be less than that required to fully

11  compensate the department for costs associated with the

12  examination. For the purposes of this section, "costs" means

13  the salary and travel expenses directly attributable to the

14  field staff examining the money transmitter or authorized

15  vendor, and the travel expenses of any supervisory staff

16  required as a result of examination findings. Reimbursement

17  for such costs incurred under this subsection must be

18  postmarked no later than 30 days after the date of receipt of

19  a notice stating that such costs are due. The department may

20  levy a late payment penalty of up to $100 per day or part

21  thereof that a payment is overdue, unless the late payment

22  penalty is excused for good cause. In excusing any such late

23  payment penalty, the department may consider the prior payment

24  history of the money transmitter or authorized vendor.

25         (2)(a)  Annual financial reports that are required to

26  be filed under the code or any rules adopted thereunder must

27  be audited by an independent third party that has been

28  approved by the department or by a certified public accountant

29  authorized to do business in the United States. The money

30  transmitter or authorized vendor shall directly bear the cost

31  of the audit. This paragraph does not apply to any seller of

                                  14

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  payment instruments who can prove to the satisfaction of the

 2  department that it has a combined total of fewer than 50

 3  employees and authorized vendors or that its annual payment

 4  instruments issued from its activities as a payment instrument

 5  seller are less than $200,000.

 6         (b)(a)  The department may, by rule, require each money

 7  transmitter or authorized vendor to submit quarterly reports

 8  to the department. The department may require that each report

 9  contain a declaration by an officer, or any other responsible

10  person authorized to make such declaration, that the report is

11  true and correct to the best of her or his knowledge and

12  belief. Such report must include such information as the

13  department by rule requires for that type of money

14  transmitter.

15         (c)(b)  The department may levy an administrative fine

16  of up to $100 per day for each day the report is past due,

17  unless it is excused for good cause. In excusing any such

18  administrative fine, the department may consider the prior

19  payment history of the money transmitter or authorized vendor.

20         (3)  Any person who willfully violates this section or

21  fails to comply with any lawful written demand or order of the

22  department made under this section commits a felony of the

23  third degree, punishable as provided in s. 775.082, s.

24  775.083, or s. 775.084.

25         Section 8.  Subsection (8) of section 560.123, Florida

26  Statutes, is amended, and subsection (9) is added to said

27  section, to read:

28         560.123  Florida control of money laundering in the

29  Money Transmitters' Code; reports of transactions involving

30  currency or monetary instruments; when required; purpose;

31  definitions; penalties.--

                                  15

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         (8)(a)  Except as provided in paragraph (b), a person

 2  who willfully violates any provision of this section or

 3  chapter 896 commits a misdemeanor of the first degree,

 4  punishable as provided in s. 775.082 or s. 775.083.

 5         (b)  A person who willfully violates any provision of

 6  this section or chapter 896, if the violation involves is:

 7         1.  Currency or payment instruments Committed in

 8  furtherance of the commission of any other violation of any

 9  law of this state or committed as part of a pattern of illegal

10  activity involving financial transactions exceeding $300 but

11  less than $20,000 in any 12-month period, commits a felony of

12  the third degree, punishable as provided in s. 775.082, s.

13  775.083, or s. 775.084.

14         2.  Currency or payment instruments totaling or

15  Committed as part of a pattern of illegal activity involving

16  financial transactions exceeding $20,000 but less than

17  $100,000 in any 12-month period, commits a felony of the

18  second degree, punishable as provided in s. 775.082, s.

19  775.083, or s. 775.084.

20         3.  Currency or payment instruments totaling or

21  Committed as part of a pattern of illegal activity involving

22  financial transactions exceeding $100,000 in any 12-month

23  period, commits a felony of the first degree, punishable as

24  provided in s. 775.082, s. 775.083, or s. 775.084.

25         (c)  In addition to the penalties otherwise authorized

26  by s. 775.082, s. 775.083, or s. 775.084, a person who has

27  been convicted of or who has pleaded guilty or nolo contendere

28  to having violated paragraph (b) may be sentenced to pay a

29  fine not exceeding $250,000 or twice the value of the currency

30  or payment instruments financial transaction, whichever is

31  greater, except that on a second or subsequent conviction for

                                  16

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  or plea of guilty or nolo contendere to a violation of

 2  paragraph (b), the fine may be up to $500,000 or quintuple the

 3  value of the currency or payment instruments financial

 4  transaction, whichever is greater.

 5         (d)  A person who willfully violates this section or

 6  chapter 896 is also liable for a civil penalty of not more

 7  than the greater of the value of the currency or payment

 8  instruments financial transaction involved or $25,000.

 9  However, such civil penalty shall not exceed $100,000.

10         (9)  In any prosecution brought pursuant to this

11  section, the common law corpus delicti rule does not apply.

12  The defendant's confession or admission is admissible during

13  trial without the state having to prove the corpus delicti if

14  the court finds in a hearing conducted outside the presence of

15  the jury that the defendant's confession or admission is

16  trustworthy. Before the court admits the defendant's

17  confession or admission, the state must prove by a

18  preponderance of the evidence that there is sufficient

19  corroborating evidence that tends to establish the

20  trustworthiness of the statement by the defendant. Hearsay

21  evidence is admissible during the presentation of evidence at

22  the hearing. In making its determination, the court may

23  consider all relevant corroborating evidence, including the

24  defendant's statements.

25         Section 9.  Section 560.125, Florida Statutes, is

26  amended to read:

27         560.125  Money transmitter business by unauthorized

28  persons; penalties.--

29         (1)  A person other than a registered money transmitter

30  or authorized vendor may not engage in the business of a money

31  transmitter in this state unless the person is exempted from

                                  17

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  the registration requirements of the code.

 2         (2)  No person shall act as a vendor of a money

 3  transmitter when such money transmitter is subject to

 4  registration under the code but has not registered. Any such

 5  person becomes the principal thereof, and no longer merely

 6  acts as a vendor, and such person is liable to the holder or

 7  remitter as a principal money transmitter.

 8         (3)  Any person whose substantial interests are

 9  affected by a proceeding brought by the department pursuant to

10  the code may, pursuant to s. 560.113, petition any court to

11  enjoin the person or activity that is the subject of the

12  proceeding from violating any of the provisions of this

13  section. For the purpose of this subsection, any money

14  transmitter registered pursuant to the code, any person

15  residing in this state, and any person whose principal place

16  of business is in this state are presumed to be substantially

17  affected. In addition, the interests of a trade organization

18  or association are deemed substantially affected if the

19  interests of any of its members are so affected.

20         (4)  Any person who violates the provisions of this

21  section commits a felony of the third degree, punishable as

22  provided in s. 775.082, s. 775.083, or s. 775.084. The

23  department may issue and serve upon any person who violates

24  any of the provisions of this section a complaint seeking a

25  cease and desist order in accordance with the procedures and

26  in the manner prescribed by s. 560.112. The department may

27  also impose an administrative fine pursuant to s.

28  560.117(3)(2) against any person who violates any of the

29  provisions of this section.

30         (5)  A person who violates this section, if the

31  violation involves:

                                  18

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         (a)  Currency or payment instruments exceeding $300 but

 2  less than $20,000 in any 12-month period, commits a felony of

 3  the third degree, punishable as provided in s. 775.082, s.

 4  775.083, or s. 775.084.

 5         (b)  Currency or payment instruments totaling or

 6  exceeding $20,000 but less than $100,000 in any 12-month

 7  period, commits a felony of the second degree, punishable as

 8  provided in s. 775.082, s. 775.083, or s. 775.084.

 9         (c)  Currency or payment instruments totaling or

10  exceeding $100,000 in any 12-month period, commits a felony of

11  the first degree, punishable as provided in s. 775.082, s.

12  775.083, or s. 775.084.

13         (6)  In addition to the penalties authorized by s.

14  775.082, s. 775.083, or s. 775.084, a person who has been

15  found guilty of or who has pleaded guilty or nolo contendere

16  to having violated this section may be sentenced to pay a fine

17  not exceeding $250,000 or twice the value of the currency or

18  payment instruments, whichever is greater, except that on a

19  second or subsequent violation of this section, the fine may

20  be up to $500,000 or quintuple the value of the currency or

21  payment instruments, whichever is greater.

22         (7)  A person who violates this section is also liable

23  for a civil penalty of not more than the value of the currency

24  or payment instruments involved or $25,000, whichever is

25  greater.

26         (8)  In any prosecution brought pursuant to this

27  section, the common law corpus delicti rule does not apply.

28  The defendant's confession or admission is admissible during

29  trial without the state having to prove the corpus delicti if

30  the court finds in a hearing conducted outside the presence of

31  the jury that the defendant's confession or admission is

                                  19

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  trustworthy. Before the court admits the defendant's

 2  confession or admission, the state must prove by a

 3  preponderance of the evidence that there is sufficient

 4  corroborating evidence that tends to establish the

 5  trustworthiness of the statement by the defendant. Hearsay

 6  evidence is admissible during the presentation of evidence at

 7  the hearing. In making its determination, the court may

 8  consider all relevant corroborating evidence, including the

 9  defendant's statements.

10         Section 10.  Section 560.205, Florida Statutes, is

11  amended to read:

12         560.205  Qualifications of applicant for registration;

13  contents.--

14         (1)  To qualify for registration under this part, an

15  applicant must demonstrate to the department such character

16  and general fitness as to command the confidence of the public

17  and warrant the belief that the registered business will be

18  operated lawfully and fairly. The department may investigate

19  each applicant to ascertain whether the qualifications and

20  requirements prescribed by this part have been met. The

21  department's investigation may include a criminal background

22  investigation of all controlling shareholders, principals,

23  officers, directors, members and responsible persons of a

24  funds transmitter and a payment instrument seller and all

25  persons designated by a funds transmitter or payment

26  instrument seller as an authorized vendor. Each controlling

27  shareholder, principal, officer, director, member, and

28  responsible person of a funds transmitter or payment

29  instrument seller, unless the applicant is a publicly traded

30  corporation, a subsidiary thereof, or a subsidiary of a bank

31  or bank holding company, shall file a complete set of

                                  20

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  fingerprints taken by an authorized law enforcement officer.

 2  Such fingerprints must be submitted to the Department of Law

 3  Enforcement or the Federal Bureau of Investigation for state

 4  and federal processing. The department may waive by rule the

 5  requirement that applicants file a set of fingerprints or the

 6  requirement that such fingerprints be processed by the

 7  Department of Law Enforcement or the Federal Bureau of

 8  Investigation.

 9         (2)  Each application for registration must be

10  submitted under oath to the department on such forms as the

11  department prescribes by rule and must be accompanied by a

12  nonrefundable investigation fee. Such fee may not exceed $500

13  and may be waived by the department for just cause. The

14  application forms shall set forth such information as the

15  department reasonably requires, including, but not limited to:

16         (a)  The name and address of the applicant, including

17  any fictitious or trade names used by the applicant in the

18  conduct of its business.

19         (b)  The history of the applicant's material

20  litigation, criminal convictions, pleas of nolo contendere,

21  and cases of adjudication withheld.

22         (c)  A description of the activities conducted by the

23  applicant, the applicant's history of operations, and the

24  business activities in which the applicant seeks to engage in

25  this state.

26         (d)  A list identifying the applicant's proposed

27  authorized vendors in this state, including the location or

28  locations in this state at which the applicant and its

29  authorized vendors propose to conduct registered activities.

30         (e)  A sample authorized vendor contract, if

31  applicable.

                                  21

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         (f)  A sample form of payment instrument, if

 2  applicable.

 3         (g)  The name and address of the clearing financial

 4  institution or financial institutions through which the

 5  applicant's payment instruments will be drawn or through which

 6  such payment instruments will be payable.

 7         (h)  Documents revealing that the net worth and bonding

 8  requirements specified in s. 560.209 have been or will be

 9  fulfilled.

10         (3)  Each application for registration by an applicant

11  that is a corporation shall also set forth such information as

12  the department reasonably requires, including, but not limited

13  to:

14         (a)  The date of the applicant's incorporation and

15  state of incorporation.

16         (b)  A certificate of good standing from the state or

17  country in which the applicant was incorporated.

18         (c)  A description of the corporate structure of the

19  applicant, including the identity of any parent or subsidiary

20  of the applicant, and the disclosure of whether any parent or

21  subsidiary is publicly traded on any stock exchange.

22         (d)  The name, business and residence addresses, and

23  employment history for the past 5 years for each executive

24  officer, each director, each controlling shareholder, and the

25  responsible person who will be in charge of all the

26  applicant's business activities in this state.

27         (e)  The history of material litigation and criminal

28  convictions, pleas of nolo contendere, and cases of

29  adjudication withheld for each executive officer, each

30  director, each controlling shareholder, and the responsible

31  person who will be in charge of the applicant's registered

                                  22

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  activities.

 2         (f)  Copies of the applicant's audited financial

 3  statements for the current year and, if available, for the

 4  immediately preceding 2-year period. In cases where the

 5  applicant is a wholly owned subsidiary of another corporation,

 6  the parent's consolidated audited financial statements may be

 7  submitted to satisfy this requirement. An applicant who is not

 8  required to file audited financial statements may satisfy this

 9  requirement by filing unaudited financial statements verified

10  under penalty of perjury, as provided by the department by

11  rule.

12         (g)  An applicant who is not required to file audited

13  financial statements may file copies of the applicant's

14  unconsolidated, unaudited financial statements for the current

15  year and, if available, for the immediately preceding 2-year

16  period.

17         (h)  If the applicant is a publicly traded company,

18  copies of all filings made by the applicant with the United

19  States Securities and Exchange Commission, or with a similar

20  regulator in a country other than the United States, within

21  the year preceding the date of filing of the application.

22         (4)  Each application for registration submitted to the

23  department by an applicant that is not a corporation shall

24  also set forth such information as the department reasonably

25  requires, including, but not limited to:

26         (a)  Evidence that the applicant is registered to do

27  business in this state.

28         (b)  The name, business and residence addresses,

29  personal financial statement and employment history for the

30  past 5 years for each individual having a controlling

31  ownership interest in the applicant, and each responsible

                                  23

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  person who will be in charge of the applicant's registered

 2  activities.

 3         (c)  The history of material litigation and criminal

 4  convictions, pleas of nolo contendere, and cases of

 5  adjudication withheld for each individual having a controlling

 6  ownership interest in the applicant and each responsible

 7  person who will be in charge of the applicant's registered

 8  activities.

 9         (d)  Copies of the applicant's audited financial

10  statements for the current year, and, if available, for the

11  preceding 2 years. An The applicant who is not required to

12  file audited financial statements may satisfy this requirement

13  by filing unaudited financial statements verified under

14  penalty of perjury, as provided by the department by rule.

15         (5)  Each applicant shall designate and maintain an

16  agent in this state for service of process.

17         Section 11.  Subsection (5) is added to section

18  560.211, Florida Statutes, to read:

19         560.211  Records.--

20         (5)  Any person who willfully fails to comply with this

21  section commits a felony of the third degree, punishable as

22  provided in s. 775.082, s. 775.083, or s. 775.084.

23         Section 12.  Section 560.306, Florida Statutes, is

24  amended to read:

25         560.306  Standards.--

26         (1)  In order to qualify for registration under this

27  part, an applicant must demonstrate to the department that he

28  or she has such character and general fitness as will command

29  the confidence of the public and warrant the belief that the

30  registered business will be operated lawfully and fairly. The

31  department may investigate each applicant to ascertain whether

                                  24

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  the qualifications and requirements prescribed by this part

 2  have been met. The department's investigation may include a

 3  criminal background investigation of all controlling

 4  shareholders, principals, officers, directors, members, and

 5  responsible persons of a check casher and a foreign currency

 6  exchanger and all persons designated by a foreign currency

 7  exchanger or check casher as an authorized vendor. Each

 8  controlling shareholder, principal, officer, director,

 9  members, and responsible person of a check casher or foreign

10  currency exchanger, unless the applicant is a publicly traded

11  corporation, a subsidiary thereof, or a subsidiary of a bank

12  or bank holding company, shall file a complete set of

13  fingerprints taken by an authorized law enforcement officer.

14  Such fingerprints must be submitted to the Department of Law

15  Enforcement or the Federal Bureau of Investigation for state

16  and federal processing. The department may waive by rule the

17  requirement that applicants file a set of fingerprints or the

18  requirement that such fingerprints be processed by the

19  Department of Law Enforcement or the Federal Bureau of

20  Investigation.

21         (2)(1)  The department may deny registration if it

22  finds that the applicant, or any money transmitter-affiliated

23  party of the applicant, has been convicted of a crime felony

24  involving moral turpitude in any jurisdiction or of a crime

25  which, if committed in this state, would constitute a crime

26  felony involving moral turpitude under the laws of this state.

27  For the purposes of this part, a person shall be deemed to

28  have been convicted of a crime if such person has either

29  pleaded guilty to or been found guilty of a charge before a

30  court or federal magistrate, or by the verdict of a jury,

31  irrespective of the pronouncement of sentence or the

                                  25

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  suspension thereof. The department may take into consideration

 2  the fact that such plea of guilty, or such decision, judgment,

 3  or verdict, has been set aside, reversed, or otherwise

 4  abrogated by lawful judicial process or that the person

 5  convicted of the crime received a pardon from the jurisdiction

 6  where the conviction was entered or received a certificate

 7  pursuant to any provision of law which removes the disability

 8  under this part because of such conviction.

 9         (3)(2)  The department may deny an initial application

10  for registration if the applicant or money

11  transmitter-affiliated party of the applicant is the subject

12  of a pending criminal prosecution or governmental enforcement

13  action, in any jurisdiction, until the conclusion of such

14  criminal prosecution or enforcement action.

15         (4)(3)  Each registration application and renewal

16  application must specify the location at which the applicant

17  proposes to establish its principal place of business and any

18  other location, including authorized vendors operating in this

19  state. The registrant shall notify the department of any

20  changes to any such locations. Any registrant may satisfy this

21  requirement by providing the department with a list of such

22  locations, including all authorized vendors operating in this

23  state, not less than annually. A registrant may not transact

24  business as a check casher or a foreign currency exchanger

25  except pursuant to the name under which it is registered.

26         (5)(4)  Each applicant shall designate and maintain an

27  agent in this state for service of process.

28         Section 13.  Subsection (5) is added to section

29  560.310, Florida Statutes, to read:

30         560.310  Records of check cashers and foreign currency

31  exchangers.--

                                  26

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         (5)  Any person who willfully violates this section or

 2  fails to comply with any lawful written demand or order of the

 3  department made pursuant to this section commits a felony of

 4  the third degree, punishable as provided in s. 775.082, s.

 5  775.083, or s. 775.084.

 6         Section 14.  Subsection (10) of section 655.50, Florida

 7  Statutes, is amended, and subsection (11) is added to said

 8  section, to read:

 9         655.50  Florida Control of Money Laundering in

10  Financial Institutions Act; reports of transactions involving

11  currency or monetary instruments; when required; purpose;

12  definitions; penalties.--

13         (10)(a)  Except as provided in paragraph (b), a person

14  who willfully violates any provision of this section, chapter

15  896, or any similar state or federal law is guilty of a

16  misdemeanor of the first degree, punishable as provided in s.

17  775.082 or s. 775.083.

18         (b)  A person who willfully violates or knowingly

19  causes another to violate any provision of this section,

20  chapter 896, or any similar state or federal law, when the

21  violation involves is:

22         1.  Committed in furtherance of the commission of any

23  other violation of Florida law; or

24         2.  Committed as part of a pattern of illegal activity

25  involving Financial transactions totaling or exceeding $300

26  but less than $20,000 in any 12-month period, is guilty of a

27  felony of the third degree, punishable as provided in s.

28  775.082 or s. 775.083; or

29         2.3.  Committed as part of a pattern of illegal

30  activity involving Financial transactions totaling or

31  exceeding $20,000 but less than $100,000 in any 12-month

                                  27

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  period is guilty of a felony of the second degree, punishable

 2  as provided in s. 775.082 or s. 775.083; or

 3         3.4.  Committed as part of a pattern of illegal

 4  activity involving Financial transactions totaling or

 5  exceeding $100,000 in any 12-month period is guilty of a

 6  felony of the first degree, punishable as provided in s.

 7  775.082 or s. 775.083.

 8         (c)  In addition to the penalties otherwise authorized

 9  by ss. 775.082 and 775.083, a person who has been convicted of

10  or who has pleaded guilty or nolo contendere to having

11  violated paragraph (b) may be sentenced to pay a fine not

12  exceeding $250,000 or twice the value of the financial

13  transaction, whichever is greater, except that on a second or

14  subsequent conviction for or plea of guilty or nolo contendere

15  to a violation of paragraph (b), the fine may be up to

16  $500,000 or quintuple the value of the financial transaction,

17  whichever is greater.

18         (d)  A financial institution as defined in s. 655.005

19  person who willfully violates this section, chapter 896, or

20  any similar state or federal law is also liable for a civil

21  penalty of not more than the greater of the value of the

22  financial transaction involved or $25,000. However, the civil

23  penalty may not exceed $100,000.

24         (e)  A person other than a financial institution as

25  defined in s. 655.005 who violates this section is also liable

26  for a civil penalty of not more than the greater of the value

27  of the financial transaction involved or $25,000.

28         (11)  In any prosecution brought pursuant to this

29  section, the common law corpus delicti rule does not apply.

30  The defendant's confession or admission is admissible during

31  trial without the state having to prove the corpus delicti if

                                  28

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  the court finds in a hearing conducted outside the presence of

 2  the jury that the defendant's confession or admission is

 3  trustworthy. Before the court admits the defendant's

 4  confession or admission, the state must prove by a

 5  preponderance of the evidence that there is sufficient

 6  corroborating evidence that tends to establish the

 7  trustworthiness of the statement by the defendant. Hearsay

 8  evidence is admissible during the presentation of evidence at

 9  the hearing. In making its determination, the court may

10  consider all relevant corroborating evidence, including the

11  defendant's statements.

12         Section 15.  Section 893.145, Florida Statutes, is

13  amended to read:

14         893.145  "Drug paraphernalia" defined.--The term "drug

15  paraphernalia" means all equipment, products, and materials of

16  any kind which are used, intended for use, or designed for use

17  in planting, propagating, cultivating, growing, harvesting,

18  manufacturing, compounding, converting, producing, processing,

19  preparing, testing, analyzing, packaging, repackaging,

20  storing, containing, concealing, transporting, injecting,

21  ingesting, inhaling, or otherwise introducing into the human

22  body a controlled substance in violation of this chapter.

23  Drug paraphernalia is deemed to be contraband which shall be

24  subject to civil forfeiture.  The term includes, but is not

25  limited to:

26         (1)  Kits used, intended for use, or designed for use

27  in the planting, propagating, cultivating, growing, or

28  harvesting of any species of plant which is a controlled

29  substance or from which a controlled substance can be derived.

30         (2)  Kits used, intended for use, or designed for use

31  in manufacturing, compounding, converting, producing,

                                  29

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  processing, or preparing controlled substances.

 2         (3)  Isomerization devices used, intended for use, or

 3  designed for use in increasing the potency of any species of

 4  plant which is a controlled substance.

 5         (4)  Testing equipment used, intended for use, or

 6  designed for use in identifying, or in analyzing the strength,

 7  effectiveness, or purity of, controlled substances.

 8         (5)  Scales and balances used, intended for use, or

 9  designed for use in weighing or measuring controlled

10  substances.

11         (6)  Diluents and adulterants, such as quinine

12  hydrochloride, mannitol, mannite, dextrose, and lactose, used,

13  intended for use, or designed for use in cutting controlled

14  substances.

15         (7)  Separation gins and sifters used, intended for

16  use, or designed for use in removing twigs and seeds from, or

17  in otherwise cleaning or refining, cannabis.

18         (8)  Blenders, bowls, containers, spoons, and mixing

19  devices used, intended for use, or designed for use in

20  compounding controlled substances.

21         (9)  Capsules, balloons, envelopes, and other

22  containers used, intended for use, or designed for use in

23  packaging small quantities of controlled substances.

24         (10)  Containers and other objects used, intended for

25  use, or designed for use in storing, or concealing, or

26  transporting controlled substances.

27         (11)  Hypodermic syringes, needles, and other objects

28  used, intended for use, or designed for use in parenterally

29  injecting controlled substances into the human body.

30         (12)  Objects used, intended for use, or designed for

31  use in ingesting, inhaling, or otherwise introducing cannabis,

                                  30

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  cocaine, hashish, or hashish oil into the human body, such as:

 2         (a)  Metal, wooden, acrylic, glass, stone, plastic, or

 3  ceramic pipes, with or without screens, permanent screens,

 4  hashish heads, or punctured metal bowls.

 5         (b)  Water pipes.

 6         (c)  Carburetion tubes and devices.

 7         (d)  Smoking and carburetion masks.

 8         (e)  Roach clips: meaning objects used to hold burning

 9  material, such as a cannabis cigarette, that has become too

10  small or too short to be held in the hand.

11         (f)  Miniature cocaine spoons, and cocaine vials.

12         (g)  Chamber pipes.

13         (h)  Carburetor pipes.

14         (i)  Electric pipes.

15         (j)  Air-driven pipes.

16         (k)  Chillums.

17         (l)  Bongs.

18         (m)  Ice pipes or chillers.

19         Section 16.  Section 893.147, Florida Statutes, is

20  amended to read:

21         893.147  Use, possession, manufacture, delivery,

22  transportation, or advertisement of drug paraphernalia.--

23         (1)  USE OR POSSESSION OF DRUG PARAPHERNALIA.--It is

24  unlawful for any person to use, or to possess with intent to

25  use, drug paraphernalia:

26         (a)  To plant, propagate, cultivate, grow, harvest,

27  manufacture, compound, convert, produce, process, prepare,

28  test, analyze, pack, repack, store, contain, or conceal a

29  controlled substance in violation of this chapter; or

30         (b)  To inject, ingest, inhale, or otherwise introduce

31  into the human body a controlled substance in violation of

                                  31

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  this chapter.

 2

 3  Any person who violates this subsection is guilty of a

 4  misdemeanor of the first degree, punishable as provided in s.

 5  775.082 or s. 775.083.

 6         (2)  MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.--It

 7  is unlawful for any person to deliver, possess with intent to

 8  deliver, or manufacture with intent to deliver drug

 9  paraphernalia, knowing, or under circumstances where one

10  reasonably should know, that it will be used:

11         (a)  To plant, propagate, cultivate, grow, harvest,

12  manufacture, compound, convert, produce, process, prepare,

13  test, analyze, pack, repack, store, contain, or conceal a

14  controlled substance in violation of this act; or

15         (b)  To inject, ingest, inhale, or otherwise introduce

16  into the human body a controlled substance in violation of

17  this act.

18

19  Any person who violates this subsection is guilty of a felony

20  of the third degree, punishable as provided in s. 775.082, s.

21  775.083, or s. 775.084.

22         (3)  DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.--

23         (a)  Any person 18 years of age or over who violates

24  subsection (2) by delivering drug paraphernalia to a person

25  under 18 years of age is guilty of a felony of the second

26  degree, punishable as provided in s. 775.082, s. 775.083, or

27  s. 775.084.

28         (b)  It is unlawful for any person to sell or otherwise

29  deliver hypodermic syringes, needles, or other objects which

30  may be used, are intended for use, or are designed for use in

31  parenterally injecting substances into the human body to any

                                  32

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  person under 18 years of age, except that hypodermic syringes,

 2  needles, or other such objects may be lawfully dispensed to a

 3  person under 18 years of age by a licensed practitioner,

 4  parent, or legal guardian or by a pharmacist pursuant to a

 5  valid prescription for same.  Any person who violates the

 6  provisions of this paragraph is guilty of a misdemeanor of the

 7  first degree, punishable as provided in s. 775.082 or s.

 8  775.083.

 9         (4)  TRANSPORTATION OF DRUG PARAPHERNALIA.--It is

10  unlawful to use, possess with the intent to use, or

11  manufacture with the intent to use drug paraphernalia, knowing

12  or under circumstances in which one reasonably should know

13  that it will be used to transport:

14         (a)  A controlled substance in violation of this

15  chapter; or

16         (b)  Contraband as defined in s. 932.701(2)(a)1.

17

18  Any person who violates this subsection commits a felony of

19  the third degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084.

21         (5)(4)  ADVERTISEMENT OF DRUG PARAPHERNALIA.--It is

22  unlawful for any person to place in any newspaper, magazine,

23  handbill, or other publication any advertisement, knowing, or

24  under circumstances where one reasonably should know, that the

25  purpose of the advertisement, in whole or in part, is to

26  promote the sale of objects designed or intended for use as

27  drug paraphernalia.  Any person who violates this subsection

28  is guilty of a misdemeanor of the first degree, punishable as

29  provided in s. 775.082 or s. 775.083.

30         Section 17.  Paragraph (a) of subsection (1) of section

31  895.02, Florida Statutes, is amended to read:

                                  33

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         895.02  Definitions.--As used in ss. 895.01-895.08, the

 2  term:

 3         (1)  "Racketeering activity" means to commit, to

 4  attempt to commit, to conspire to commit, or to solicit,

 5  coerce, or intimidate another person to commit:

 6         (a)  Any crime which is chargeable by indictment or

 7  information under the following provisions of the Florida

 8  Statutes:

 9         1.  Section 210.18, relating to evasion of payment of

10  cigarette taxes.

11         2.  Section 403.727(3)(b), relating to environmental

12  control.

13         3.  Section 414.39, relating to public assistance

14  fraud.

15         4.  Section 409.920, relating to Medicaid provider

16  fraud.

17         5.  Section 440.105 or s. 440.106, relating to workers'

18  compensation.

19         6.  Part IV of chapter 501, relating to telemarketing.

20         7.  Chapter 517, relating to sale of securities and

21  investor protection.

22         8.  Section 550.235, s. 550.3551, or s. 550.3605,

23  relating to dogracing and horseracing.

24         9.  Chapter 550, relating to jai alai frontons.

25         10.  Chapter 552, relating to the manufacture,

26  distribution, and use of explosives.

27         11.  Chapter 560, relating to money transmitters, if

28  the violation is punishable as a felony.

29         12.11.  Chapter 562, relating to beverage law

30  enforcement.

31         13.12.  Section 624.401, relating to transacting

                                  34

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  insurance without a certificate of authority, s.

 2  624.437(4)(c)1., relating to operating an unauthorized

 3  multiple-employer welfare arrangement, or s. 626.902(1)(b),

 4  relating to representing or aiding an unauthorized insurer.

 5         14.13.  Section 655.50, relating to reports of currency

 6  transactions, when such violation is punishable as a felony.

 7         15.14.  Chapter 687, relating to interest and usurious

 8  practices.

 9         16.15.  Section 721.08, s. 721.09, or s. 721.13,

10  relating to real estate timeshare plans.

11         17.16.  Chapter 782, relating to homicide.

12         18.17.  Chapter 784, relating to assault and battery.

13         19.18.  Chapter 787, relating to kidnapping.

14         20.19.  Chapter 790, relating to weapons and firearms.

15         21.20.  Section 796.03, s. 796.04, s.  796.05, or s.

16  796.07, relating to prostitution.

17         22.21.  Chapter 806, relating to arson.

18         23.22.  Section 810.02(2)(c), relating to specified

19  burglary of a dwelling or structure.

20         24.23.  Chapter 812, relating to theft, robbery, and

21  related crimes.

22         25.24.  Chapter 815, relating to computer-related

23  crimes.

24         26.25.  Chapter 817, relating to fraudulent practices,

25  false pretenses, fraud generally, and credit card crimes.

26         27.26.  Chapter 825, relating to abuse, neglect, or

27  exploitation of an elderly person or disabled adult.

28         28.27.  Section 827.071, relating to commercial sexual

29  exploitation of children.

30         29.28.  Chapter 831, relating to forgery and

31  counterfeiting.

                                  35

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         30.29.  Chapter 832, relating to issuance of worthless

 2  checks and drafts.

 3         31.30.  Section 836.05, relating to extortion.

 4         32.31.  Chapter 837, relating to perjury.

 5         33.32.  Chapter 838, relating to bribery and misuse of

 6  public office.

 7         34.33.  Chapter 843, relating to obstruction of

 8  justice.

 9         35.34.  Section 847.011, s. 847.012, s. 847.013, s.

10  847.06, or s. 847.07, relating to obscene literature and

11  profanity.

12         36.35.  Section 849.09, s. 849.14, s. 849.15, s.

13  849.23, or s. 849.25, relating to gambling.

14         37.36.  Chapter 874, relating to criminal street gangs.

15         38.37.  Chapter 893, relating to drug abuse prevention

16  and control.

17         39.38.  Chapter 896, relating to offenses related to

18  financial transactions.

19         40.39.  Sections 914.22 and 914.23, relating to

20  tampering with a witness, victim, or informant, and

21  retaliation against a witness, victim, or informant.

22         41.40.  Sections 918.12 and 918.13, relating to

23  tampering with jurors and evidence.

24         Section 18.  Section 896.101, Florida Statutes, is

25  amended to read:

26         896.101  Florida Money Laundering Act; definitions;

27  penalties; injunctions; seizure warrants; immunity Offense of

28  conduct of financial transaction involving proceeds of

29  unlawful activity; penalties.--

30         (1)  This section may be cited as the "Florida Money

31  Laundering Act."

                                  36

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         (2)(1)  DEFINITIONS.--As used in this section, the

 2  term:

 3         (a)  "Knowing that the property involved in a financial

 4  transaction represents the proceeds of some form of unlawful

 5  activity" means that the person knew the property involved in

 6  the transaction represented proceeds from some form, though

 7  not necessarily which form, of activity that constitutes a

 8  felony under state or federal law, regardless of whether or

 9  not such activity is specified in paragraph (g).

10         (b)  "Conducts" includes initiating, concluding, or

11  participating in initiating or concluding a transaction.

12         (c)  "Transaction" means a purchase, sale, loan,

13  pledge, gift, transfer, delivery, or other disposition, and

14  with respect to a financial institution includes a deposit,

15  withdrawal, transfer between accounts, exchange of currency,

16  loan, extension of credit, purchase or sale of any stock,

17  bond, certificate of deposit, or other monetary instrument,

18  use of a safety deposit box, or any other payment, transfer,

19  or delivery by, through, or to a financial institution, by

20  whatever means effected.

21         (d)  "Financial transaction" means a transaction

22  involving the movement of funds by wire or other means or

23  involving one or more monetary instruments, which in any way

24  or degree affects commerce, or a transaction involving the

25  transfer of title to any real property, vehicle, vessel, or

26  aircraft, or a transaction involving the use of a financial

27  institution which is engaged in, or the activities of which

28  affect, commerce in any way or degree.

29         (e)  "Monetary instruments" means coin or currency of

30  the United States or of any other country, travelers' checks,

31  personal checks, bank checks, money orders, investment

                                  37

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  securities in bearer form or otherwise in such form that title

 2  thereto passes upon delivery, and negotiable instruments in

 3  bearer form or otherwise in such form that title thereto

 4  passes upon delivery.

 5         (f)  "Financial institution" means a financial

 6  institution as defined in 31 U.S.C. s. 5312 which institution

 7  is located in this state.

 8         (g)  "Specified unlawful activity" means any

 9  "racketeering activity" as defined in s. 895.02.

10         (h)  "Knowing" means that a person knew; or, with

11  respect to any transaction or transportation involving more

12  than $10,000 in U.S. currency or foreign equivalent, should

13  have known after reasonable inquiry, unless the person has a

14  duty to file a federal currency transaction report, IRS Form

15  8300, or a like report under state law and has complied with

16  that reporting requirement in accordance with law.

17         (i)  "Petitioner" means any local, county, state, or

18  federal law enforcement agency; the Attorney General; any

19  state attorney; or the statewide prosecutor.

20         (3)(2)  It is unlawful a felony of the second degree,

21  punishable as provided in s. 775.082, s. 775.083, or s.

22  775.084, for a person:

23         (a)  Knowing that the property involved in a financial

24  transaction represents the proceeds of some form of unlawful

25  activity, to conduct or attempt to conduct such a financial

26  transaction which in fact involves the proceeds of specified

27  unlawful activity:

28         1.  With the intent to promote the carrying on of

29  specified unlawful activity; or

30         2.  Knowing that the transaction is designed in whole

31  or in part:

                                  38

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         a.  To conceal or disguise the nature, the location,

 2  the source, the ownership, or the control of the proceeds of

 3  specified unlawful activity; or

 4         b.  To avoid a transaction reporting requirement or

 5  money transmitters' registration requirement under state law.

 6         (b)  To transport or attempt to transport a monetary

 7  instrument or funds:

 8         1.  With the intent to promote the carrying on of

 9  specified unlawful activity; or

10         2.  Knowing that the monetary instrument or funds

11  involved in the transportation represent the proceeds of some

12  form of unlawful activity and knowing that such transportation

13  is designed in whole or in part:

14         a.  To conceal or disguise the nature, the location,

15  the source, the ownership, or the control of the proceeds of

16  specified unlawful activity; or

17         b.  To avoid a transaction reporting requirement or

18  money transmitters' registration requirement under state law.

19         (c)  To conduct or attempt to conduct a financial

20  transaction which involves property or proceeds which an

21  investigative or law enforcement officer, or someone acting

22  under such officer's direction, represents as being derived

23  from, or as being used to conduct or facilitate, specified

24  unlawful activity, when the person's conduct or attempted

25  conduct is undertaken with the intent:

26         1.  To promote the carrying on of specified unlawful

27  activity; or

28         2.  To conceal or disguise the nature, the location,

29  the source, the ownership, or the control of the proceeds or

30  property believed to be the proceeds of specified unlawful

31  activity; or

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         3.  To avoid a transaction reporting requirement under

 2  state law.

 3         (d)  A person who violates this subsection is also

 4  liable for a civil penalty of not more than the greater of the

 5  value of the property, funds, or monetary instruments involved

 6  in the transaction or $10,000.

 7         (d)(e)  For the purposes of this subsection,

 8  "investigative or law enforcement officer" means any officer

 9  of the State of Florida or political subdivision thereof, of

10  the United States, or of any other state or political

11  subdivision thereof, who is empowered by law to conduct, on

12  behalf of the government, investigations of, or to make

13  arrests for, offenses enumerated in this subsection or similar

14  federal offenses.

15         (4)  It does not constitute a defense to a prosecution

16  for any violation of this chapter that:

17         (a)  Any stratagem or deception, including the use of

18  an undercover operative or law enforcement officer, was

19  employed.

20         (b)  A facility or an opportunity to engage in conduct

21  in violation of this act was provided.

22         (c)  A law enforcement officer, or person acting under

23  direction of a law enforcement officer, solicited a person

24  predisposed to engage in conduct in violation of any provision

25  of this chapter to commit a violation of this chapter in order

26  to gain evidence against that person, provided such

27  solicitation would not induce an ordinary law-abiding person

28  to violate this chapter.

29

30  This subsection does not preclude the defense of entrapment.

31         (5)  A person who violates this section, if the

                                  40

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  violation involves:

 2         (a)  Financial transactions exceeding $300 but less

 3  than $20,000 in any 12-month period, commits a felony of the

 4  third degree, punishable as provided in s. 775.082, s.

 5  775.083, or s. 775.084.

 6         (b)  Financial transactions totaling or exceeding

 7  $20,000 but less than $100,000 in any 12-month period, commits

 8  a felony of the second degree, punishable as provided in s.

 9  775.082, s. 775.083, or s. 775.084.

10         (c)  Financial transactions totaling or exceeding

11  $100,000 in any 12-month period, commits a felony of the first

12  degree, punishable a provided in s. 775.082, s. 775.083, or s.

13  775.084.

14         (6)  In addition to the penalties authorized by s.

15  775.082, s. 775.083, or s. 775.084, a person who has been

16  found guilty of or who has pleaded guilty or nolo contendere

17  to having violated this section may be sentenced to pay a fine

18  not exceeding $250,000 or twice the value of the financial

19  transactions, whichever is greater, except that for a second

20  or subsequent violation of this section, the fine may be up to

21  $500,000 or quintuple the value of the financial transactions,

22  whichever is greater.

23         (7)  A person who violates this section is also liable

24  for a civil penalty of not more than the value of the

25  financial transactions involved or $25,000, whichever is

26  greater.

27         (8)(a)  If a person is alienating or disposing of

28  monetary instruments or funds, or appears likely to or

29  demonstrates an intent to alienate or dispose of monetary

30  instruments or funds, used in violation of this section,

31  chapter 560, s. 655.50, or any crime listed as specified

                                  41

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  unlawful activity under this section, or monetary instruments

 2  or funds that are traceable to any such violation, the

 3  petitioner may commence a civil action in any circuit court

 4  having jurisdiction where such monetary instruments or funds

 5  are located or have been deposited for a temporary injunction

 6  to prohibit any person from withdrawing, transferring,

 7  removing, dissipating, or disposing of any such monetary

 8  instruments or funds of equivalent value. The temporary

 9  injunction will be obtained pursuant to Florida Civil Rule of

10  Procedure 1.610. This section governs all temporary

11  injunctions obtained pursuant to this section and supercedes

12  all other provisions of the rule that may be inconsistent with

13  this section. The court shall take into account any

14  anticipated impact the temporary injunction will have on

15  innocent third parties or businesses, balanced against the

16  petitioner's need to preserve the monetary instruments or

17  funds.

18         (b)  A temporary injunction must be granted without

19  bond to the petitioner. However, the court may authorize a

20  respondent to post a bond equal to the amount to be enjoined

21  and to have the injunction dissolved.

22         (c)  A temporary injunction is to be entered upon

23  application of the petitioner, ex parte and without notice or

24  opportunity for a hearing with respect to the monetary

25  instruments or funds.

26         (d)  Such a temporary order expires not more than 10

27  days after the date on which the order is served, unless

28  extended for good cause shown or unless the party against whom

29  it is entered consents to an extension for a longer period.

30         (e)  If at any time the petitioner discovers that the

31  funds sought to be enjoined total less than $10,000, the

                                  42

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  petitioner shall immediately inform the court and the court

 2  shall immediately dissolve the temporary injunction.

 3         (f)  At the termination of the temporary injunction or

 4  at any time before the termination of the temporary

 5  injunction, the petitioner may:

 6         1.  Obtain a warrant or other court order and seize the

 7  monetary instruments or funds and initiate a civil forfeiture

 8  action;

 9         2.  Obtain a warrant or other court order and seize the

10  monetary instruments or funds for any subsequent criminal

11  prosecution; or

12         3.  Petition the court to extend the order for a period

13  not longer than 10 days from the original order's termination

14  date. At the end of the termination of the 10-day extension,

15  the petitioner may take either of the steps outlined in

16  subparagraph 1. or subparagraph 2. However, the petitioner may

17  not be granted any additional extensions.

18         (g)1.  Upon service of the temporary order served

19  pursuant to this section, the petitioner shall immediately

20  notify by certified mail, return receipt requested or by

21  personal service, both the person or entity in possession of

22  the monetary instruments or funds and the owner of the

23  monetary instruments or funds if known, of the order entered

24  pursuant to this section and that the lawful owner of the

25  monetary instruments or funds being enjoined may request a

26  hearing to contest and modify the order entered pursuant to

27  this section by petitioning the court that issued the order,

28  so that such notice is received within 72 hours.

29         2.  The notice shall advise that the hearing shall be

30  held within 3 days of the request and the notice must state

31  that the hearing will be set and noticed by the person against

                                  43

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  whom the order is served.

 2         3.  The notice shall specifically state that the lawful

 3  owner has the right to produce evidence of legitimate business

 4  expenses, obligations and liabilities, including but not

 5  limited to, employee payroll expenses verified by current

 6  Department of Labor unemployment compensation rolls, employee

 7  workers' compensation insurance, employee health insurance,

 8  state and federal taxes, and regulatory or licensing fees only

 9  as may become due before the expiration of the temporary

10  order.

11         4.  Upon determination by the court that the such

12  expenses are valid, payment of such expenses may be effected

13  by the owner of the enjoined monetary instruments or funds

14  only to the court ordered payees through court reviewed

15  checks, issued by the owner of and the person or entity in

16  possession of the enjoined monetary instruments or funds.

17  Upon presentment, the person or entity in possession of the

18  enjoined funds or monetary instruments shall only honor the

19  payment of the check to the court ordered payee.

20         (h)  Only the lawful owner or the account holder of the

21  monetary instruments or funds being enjoined may request a

22  hearing to contest the order entered pursuant to this section

23  by petitioning the court that issued the order. A hearing must

24  be held within 3 days after the request or as soon as

25  practicable thereafter and before the expiration of the

26  temporary order. The hearing must be set and noticed by the

27  lawful owner of the monetary instruments or funds or his or

28  her attorney. Notice of the hearing must be provided to the

29  petitioner who procured the temporary injunction pursuant to

30  the Florida Rules of Civil Procedure but not less than 24

31  hours before the scheduled hearing. The court may receive and

                                  44

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  consider at a hearing held pursuant to this subsection,

 2  evidence and information that would be inadmissible under the

 3  Florida Rules of Evidence. A proceeding under this subsection

 4  is governed by the Florida Rules of Civil Procedure.

 5         (9)(a)  The petitioner may request issuance of a

 6  warrant authorizing the seizure of property, monetary

 7  instruments, or funds subject to civil forfeiture in the same

 8  manner as provided for search warrants in chapter 933.

 9         (b)  Any financial institution that receives a seizure

10  warrant pursuant to paragraph (a), temporary injunction, or

11  other court order, may deduct from the account the funds

12  necessary to pay any electronic transaction or check presented

13  for payment where the electronic transaction was initiated or

14  the check deposited prior to the time the seizure order was

15  served on the financial institution.

16         (10)  Any financial institution, licensed money

17  transmitter, or other person served with and complying with

18  the terms of a warrant, temporary injunction, or other court

19  order, including any subpoena issued under the authority

20  granted by s. 16.56 or s. 27.04, obtained in furtherance of an

21  investigation of any crime in this section, including any

22  crime listed as specified unlawful activity under this section

23  or any felony violation of chapter 560, has immunity from

24  criminal liability and shall not be liable to any person for

25  any lawful action taken in complying with the warrant,

26  temporary injunction, or other court order, including any

27  subpoena issued under the authority granted by s. 16.56 or s.

28  27.04.  If any subpoena issued under the authority granted by

29  s. 16.56 or s. 27.04 contains a nondisclosure provision, any

30  financial institution, licensed money transmitter, employee or

31  officer of a financial institution or licensed money

                                  45

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  transmitter, or any other person may not notify, directly or

 2  indirectly, any customer of that financial institution or

 3  licensed money transmitter whose records are being sought by

 4  the subpoena, or any other person named in the subpoena, about

 5  the existence or the contents of that subpoena or about

 6  information that has been furnished to the state attorney or

 7  statewide prosecutor who issued the subpoena or other law

 8  enforcement officer named in the subpoena in response to the

 9  subpoena.

10         (11)  In any prosecution brought pursuant to chapter

11  896, the common law corpus delicti rule does not apply. The

12  defendant's confession or admission is admissible during trial

13  without the state having to prove the corpus delicti if the

14  court finds in a hearing conducted outside the presence of the

15  jury that the defendant's confession or admission is

16  trustworthy. Before the court admits the defendant's

17  confession or admission, the state must prove by a

18  preponderance of the evidence that there is sufficient

19  corroborating evidence that tends to establish the

20  trustworthiness of the statement by the defendant. Hearsay

21  evidence is admissible during the presentation of evidence at

22  the hearing. In making its determination, the court may

23  consider all relevant corroborating evidence, including the

24  defendant's statements.

25         Section 19.  Section 896.103, Florida Statutes, is

26  amended to read:

27         896.103  Transaction which constitutes separate

28  offense.--Notwithstanding any other provision of law, for

29  purposes of this section and ss. 896.101 and 896.102, each

30  individual currency transaction exceeding $10,000 which is

31  made in violation of the provisions of s. 896.102(1) or each

                                  46

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  financial transaction in violation of the provisions of s.

 2  896.101(3)(2) which involves the movement of funds in excess

 3  of $10,000 shall constitute a separate, punishable offense.

 4         Section 20.  Section 896.104, Florida Statutes, is

 5  created to read:

 6         896.104  Structuring transactions to evade reporting or

 7  registration requirements prohibited.--

 8         (1)  DEFINITIONS.--For purposes of this section, the

 9  terms "structure" or "structuring" mean that a person, acting

10  alone, or in conjunction with, or on behalf of, other persons,

11  conducts or attempts to conduct one or more transactions in

12  currency, in any amount, at one or more financial

13  institutions, on one or more days, in any manner, for the

14  purpose of evading currency transaction reporting requirements

15  provided by state or federal law. "In any manner" includes,

16  but is not limited to, the breaking down of a single sum of

17  currency exceeding $10,000 into smaller sums, including sums

18  at or below $10,000, or the conduct of a transaction, or

19  series of currency transactions, at or below $10,000. The

20  transaction or transactions need not exceed the $10,000

21  reporting threshold at any single financial institution on any

22  single day in order to meet the definition of "structure" or

23  "structuring" provided in this subsection.

24         (2)  DOMESTIC COIN AND CURRENCY TRANSACTIONS.--A person

25  may not, for the purpose of evading the reporting and

26  registration requirements of chapter 896, chapter 655, or

27  chapter 560, or s. 5313(a) or s. 5325 of Title 31, United

28  States Code, or any rules or regulations adopted under those

29  chapters and sections, when some portion of the activity by

30  that person occurs in this state:

31         (a)  Cause or attempt to cause a person or financial

                                  47

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  institution in this state to fail to file an applicable report

 2  or registration required under those chapters and sections or

 3  any rule or regulation adopted under any of those chapters and

 4  sections;

 5         (b)  Cause or attempt to cause a person or financial

 6  institution in this state to file an applicable report

 7  required under those chapters and sections or any rule or

 8  regulation adopted under those chapters and sections which

 9  contains a material omission or misstatement of fact; or

10         (c)  Structure or assist in structuring, or attempt to

11  structure or assist in structuring, any financial transaction

12  with or involving one or more financial institutions in this

13  state.

14         (3)  INTERNATIONAL MONETARY INSTRUMENT TRANSACTIONS.--A

15  person may not, for the purpose of evading the reporting or

16  registration requirements of chapter 896, chapter 655, or

17  chapter 560, or s. 5316 of Title 31, United States Code, when

18  some portion of the activity by that person occurs in this

19  state:

20         (a)  Fail to file an applicable registration or report

21  required by those chapters and sections, or cause or attempt

22  to cause a person to fail to file such a report;

23         (b)  File or cause or attempt to cause a person to file

24  an applicable registration or report required under those

25  chapters and sections which contains a material omission or

26  misstatement of fact; or

27         (c)  Structure or assist in structuring, or attempt to

28  structure or assist in structuring, any importation or

29  exportation of currency or monetary instruments or funds to,

30  from, or through financial institutions in this state.

31         (4)  CRIMINAL PENALTIES.--

                                  48

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         (a)  A person who violates this section, if the

 2  violation involves:

 3         1.  Financial transactions exceeding $300 but less than

 4  $20,000 in any 12-month period, commits a felony of the third

 5  degree, punishable as provided in s. 775.082, s. 775.083, or

 6  s. 775.084.

 7         2.  Financial transactions totaling or exceeding

 8  $20,000 but less than $100,000 in any 12-month period, commits

 9  a felony of the second degree, punishable as provided in s.

10  775.082, s. 775.083, or s. 775.084.

11         3.  Financial transactions totaling or exceeding

12  $100,000 in any 12-month period, commits a felony of the first

13  degree, punishable as provided in s. 775.082, s. 775.083, or

14  s. 775.084.

15         (b)  In addition to the penalties authorized by s.

16  775.082, s. 775.083, or s. 775.084, a person who has been

17  found guilty of or who has pleaded guilty or nolo contendere

18  to having violated this section may be sentenced to pay a fine

19  not exceeding $250,000 or twice the value of the financial

20  transactions, whichever is greater, except that for a second

21  or subsequent violation of this section, the fine may be up to

22  $500,000 or quintuple the value of the financial transactions,

23  whichever is greater.

24         (c)  A person who violates this section is also liable

25  for a civil penalty of not more than the value of the

26  financial transactions involved or $25,000, whichever is

27  greater.

28         (5)  INFERENCE.--Proof that a person engaged for

29  monetary consideration in the business of a funds transmitter

30  as defined in s. 560.103(9) and who is transporting more than

31  $10,000 in currency, or foreign equivalent, without being

                                  49

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  registered as a money transmitter or designated as an

 2  authorized vendor under the provisions of chapter 560, gives

 3  rise to an inference that the transportation was done with

 4  knowledge of the registration requirements of chapter 560 and

 5  the reporting requirements of this chapter.

 6         (6)  CONSTRUCTION.--This section may not be construed

 7  to require any new or additional reporting requirements on any

 8  entity obligated to file reports under state or federal law.

 9         Section 21.  Section 896.105, Florida Statutes, is

10  created to read:

11         896.105  Penalty provisions not applicable to law

12  enforcement.--The penalty provisions of this chapter,

13  including those directed at reporting violations or the

14  conduct or attempted conduct of unlawful financial

15  transactions, the unlawful transportation or attempted

16  transportation of monetary instruments, and the concealment of

17  unlawful proceeds or their ownership are not applicable to law

18  enforcement officers who engage in aspects of such activity

19  for bona fide authorized undercover law enforcement purposes

20  in the course of or in relation to an active criminal

21  investigation, active criminal intelligence gathering, or

22  active prosecution.

23         Section 22.  Section 896.106, Florida Statutes, is

24  created to read:

25         896.106  Fugitive disentitlement.--A person may not use

26  the resources of the courts of this state in furtherance of a

27  claim in any related civil forfeiture action or a claim in

28  third-party proceeding in any related forfeiture action if

29  that person purposely leaves the jurisdiction of this state or

30  the United States; declines to enter or reenter this state to

31  submit to its jurisdiction; or otherwise evades the

                                  50

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  jurisdiction of the court in which a criminal case is pending

 2  against the person.

 3         Section 23.  Section 896.107, Florida Statutes, is

 4  created to read:

 5         896.107  Rewards for informants.--

 6         (1)  A law enforcement agency conducting any

 7  investigation of a violation of this chapter may pay a reward

 8  to an individual who provides original information that leads

 9  to a recovery of a criminal fine, civil penalty, or

10  forfeiture.

11         (2)  The law enforcement agency shall determine the

12  amount of a reward under this section. The law enforcement

13  agency may not pay more than the amount of reward authorized

14  for similar activity by any federal law or guideline in effect

15  at the time the information described in subsection (1) was

16  provided.

17         (3)  An officer or employee of the United States, a

18  state or local government, or a foreign government who in the

19  performance of official duties provides information described

20  in subsection (1) is not eligible for a reward under this

21  section.

22         (4)  Payment of a reward does not affect the

23  admissibility of testimony in any court proceeding.

24         Section 24.  Paragraphs (g), (h), and (i) of subsection

25  (3) of section 921.0022, Florida Statutes, are amended to

26  read:

27         921.0022  Criminal Punishment Code; offense severity

28  ranking chart.--

29         (3)  OFFENSE SEVERITY RANKING CHART

30

31

                                  51

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  Florida           Felony

 2  Statute           Degree             Description

 3

 4

 5                              (g)  LEVEL 7

 6  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

 7                              injury.

 8  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

 9                              bodily injury.

10  402.319(2)         2nd      Misrepresentation and negligence

11                              or intentional act resulting in

12                              great bodily harm, permanent

13                              disfiguration, permanent

14                              disability, or death.

15  409.920(2)         3rd      Medicaid provider fraud.

16  494.0018(2)        1st      Conviction of any violation of

17                              ss. 494.001-494.0077 in which the

18                              total money and property

19                              unlawfully obtained exceeded

20                              $50,000 and there were five or

21                              more victims.

22  560.123(8)(b)1.    3rd      Failure to report currency or

23                              payment instruments exceeding

24                              $300 but less than $20,000 by

25                              money transmitter.

26  560.125(5)(a)      3rd      Money transmitter business by

27                              unauthorized person, currency or

28                              payment instruments exceeding

29                              $300 but less than $20,000.

30  655.50(10)(b)1.    3rd      Failure to report financial

31                              transactions exceeding $300 but

                                  52

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1                              less than $20,000 by financial

 2                              institution.

 3  782.051(3)         2nd      Attempted felony murder of a

 4                              person by a person other than the

 5                              perpetrator or the perpetrator of

 6                              an attempted felony.

 7  782.07(1)          2nd      Killing of a human being by the

 8                              act, procurement, or culpable

 9                              negligence of another

10                              (manslaughter).

11  782.071            2nd      Killing of human being or viable

12                              fetus by the operation of a motor

13                              vehicle in a reckless manner

14                              (vehicular homicide).

15  782.072            2nd      Killing of a human being by the

16                              operation of a vessel in a

17                              reckless manner (vessel

18                              homicide).

19  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

20                              causing great bodily harm or

21                              disfigurement.

22  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

23                              weapon.

24  784.045(1)(b)      2nd      Aggravated battery; perpetrator

25                              aware victim pregnant.

26  784.048(4)         3rd      Aggravated stalking; violation of

27                              injunction or court order.

28  784.07(2)(d)       1st      Aggravated battery on law

29                              enforcement officer.

30  784.08(2)(a)       1st      Aggravated battery on a person 65

31                              years of age or older.

                                  53

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  784.081(1)         1st      Aggravated battery on specified

 2                              official or employee.

 3  784.082(1)         1st      Aggravated battery by detained

 4                              person on visitor or other

 5                              detainee.

 6  784.083(1)         1st      Aggravated battery on code

 7                              inspector.

 8  790.07(4)          1st      Specified weapons violation

 9                              subsequent to previous conviction

10                              of s. 790.07(1) or (2).

11  790.16(1)          1st      Discharge of a machine gun under

12                              specified circumstances.

13  796.03             2nd      Procuring any person under 16

14                              years for prostitution.

15  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

16                              victim less than 12 years of age;

17                              offender less than 18 years.

18  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

19                              victim 12 years of age or older

20                              but less than 16 years; offender

21                              18 years or older.

22  806.01(2)          2nd      Maliciously damage structure by

23                              fire or explosive.

24  810.02(3)(a)       2nd      Burglary of occupied dwelling;

25                              unarmed; no assault or battery.

26  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

27                              unarmed; no assault or battery.

28  810.02(3)(d)       2nd      Burglary of occupied conveyance;

29                              unarmed; no assault or battery.

30  812.014(2)(a)      1st      Property stolen, valued at

31                              $100,000 or more; property stolen

                                  54

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1                              while causing other property

 2                              damage; 1st degree grand theft.

 3  812.019(2)         1st      Stolen property; initiates,

 4                              organizes, plans, etc., the theft

 5                              of property and traffics in

 6                              stolen property.

 7  812.131(2)(a)      2nd      Robbery by sudden snatching.

 8  812.133(2)(b)      1st      Carjacking; no firearm, deadly

 9                              weapon, or other weapon.

10  825.102(3)(b)      2nd      Neglecting an elderly person or

11                              disabled adult causing great

12                              bodily harm, disability, or

13                              disfigurement.

14  825.1025(2)        2nd      Lewd or lascivious battery upon

15                              an elderly person or disabled

16                              adult.

17  825.103(2)(b)      2nd      Exploiting an elderly person or

18                              disabled adult and property is

19                              valued at $20,000 or more, but

20                              less than $100,000.

21  827.03(3)(b)       2nd      Neglect of a child causing great

22                              bodily harm, disability, or

23                              disfigurement.

24  827.04(3)          3rd      Impregnation of a child under 16

25                              years of age by person 21 years

26                              of age or older.

27  837.05(2)          3rd      Giving false information about

28                              alleged capital felony to a law

29                              enforcement officer.

30  872.06             2nd      Abuse of a dead human body.

31

                                  55

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 2                              cocaine (or other drug prohibited

 3                              under s. 893.03(1)(a), (1)(b),

 4                              (1)(d), (2)(a), or (2)(b)) within

 5                              1,000 feet of a child care

 6                              facility or school.

 7  893.13(1)(e)       1st      Sell, manufacture, or deliver

 8                              cocaine or other drug prohibited

 9                              under s. 893.03(1)(a), (1)(b),

10                              (1)(d), (2)(a), or (2)(b), within

11                              1,000 feet of property used for

12                              religious services or a specified

13                              business site.

14  893.13(4)(a)       1st      Deliver to minor cocaine (or

15                              other s. 893.03(1)(a), (1)(b),

16                              (1)(d), (2)(a), or (2)(b) drugs).

17  893.135(1)(a)1.    1st      Trafficking in cannabis, more

18                              than 50 lbs., less than 2,000

19                              lbs.

20  893.135

21   (1)(b)1.a.        1st      Trafficking in cocaine, more than

22                              28 grams, less than 200 grams.

23  893.135

24   (1)(c)1.a.        1st      Trafficking in illegal drugs,

25                              more than 4 grams, less than 14

26                              grams.

27  893.135

28   (1)(d)1.          1st      Trafficking in phencyclidine,

29                              more than 28 grams, less than 200

30                              grams.

31

                                  56

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

 2                              than 200 grams, less than 5

 3                              kilograms.

 4  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

 5                              than 14 grams, less than 28

 6                              grams.

 7  893.135

 8   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

 9                              grams or more, less than 14

10                              grams.

11  896.101(5)(a)      3rd      Money laundering, financial

12                              transactions exceeding $300 but

13                              less than $20,000.

14  896.104(4)(a)1.    3rd      Structuring transactions to evade

15                              reporting or registration

16                              requirements, financial

17                              transactions exceeding $300 but

18                              less than $20,000.

19                              (h)  LEVEL 8

20  316.193

21   (3)(c)3.a.        2nd      DUI manslaughter.

22  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

23  560.123(8)(b)2.    2nd      Failure to report currency or

24                              payment instruments totaling or

25                              exceeding $20,000, but less than

26                              $100,000 by money transmitter.

27  560.125(5)(b)      2nd      Money transmitter business by

28                              unauthorized person, currency or

29                              payment instruments totaling or

30                              exceeding $20,000, but less than

31                              $100,000.

                                  57

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  655.50(10)(b)2.    2nd      Failure to report financial

 2                              transactions totaling or

 3                              exceeding $20,000, but less than

 4                              $100,000 by financial

 5                              institutions.

 6  777.03(2)(a)       1st      Accessory after the fact, capital

 7                              felony.

 8  782.04(4)          2nd      Killing of human without design

 9                              when engaged in act or attempt of

10                              any felony other than arson,

11                              sexual battery, robbery,

12                              burglary, kidnapping, aircraft

13                              piracy, or unlawfully discharging

14                              bomb.

15  782.051(2)         1st      Attempted felony murder while

16                              perpetrating or attempting to

17                              perpetrate a felony not

18                              enumerated in s. 782.04(3).

19  782.071(2)         1st      Committing vehicular homicide and

20                              failing to render aid or give

21                              information.

22  782.072(2)         1st      Committing vessel homicide and

23                              failing to render aid or give

24                              information.

25  790.161(3)         1st      Discharging a destructive device

26                              which results in bodily harm or

27                              property damage.

28  794.011(5)         2nd      Sexual battery, victim 12 years

29                              or over, offender does not use

30                              physical force likely to cause

31                              serious injury.

                                  58

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  800.04(4)          2nd      Lewd or lascivious battery.

 2  806.01(1)          1st      Maliciously damage dwelling or

 3                              structure by fire or explosive,

 4                              believing person in structure.

 5  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

 6  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

 7                              or dangerous weapon.

 8  810.02(2)(c)       1st      Burglary of a dwelling or

 9                              structure causing structural

10                              damage or $1,000 or more property

11                              damage.

12  812.13(2)(b)       1st      Robbery with a weapon.

13  812.135(2)         1st      Home-invasion robbery.

14  825.102(2)         2nd      Aggravated abuse of an elderly

15                              person or disabled adult.

16  825.103(2)(a)      1st      Exploiting an elderly person or

17                              disabled adult and property is

18                              valued at $100,000 or more.

19  837.02(2)          2nd      Perjury in official proceedings

20                              relating to prosecution of a

21                              capital felony.

22  837.021(2)         2nd      Making contradictory statements

23                              in official proceedings relating

24                              to prosecution of a capital

25                              felony.

26  860.121(2)(c)      1st      Shooting at or throwing any

27                              object in path of railroad

28                              vehicle resulting in great bodily

29                              harm.

30  860.16             1st      Aircraft piracy.

31

                                  59

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  893.13(1)(b)       1st      Sell or deliver in excess of 10

 2                              grams of any substance specified

 3                              in s. 893.03(1)(a) or (b).

 4  893.13(2)(b)       1st      Purchase in excess of 10 grams of

 5                              any substance specified in s.

 6                              893.03(1)(a) or (b).

 7  893.13(6)(c)       1st      Possess in excess of 10 grams of

 8                              any substance specified in s.

 9                              893.03(1)(a) or (b).

10  893.135(1)(a)2.    1st      Trafficking in cannabis, more

11                              than 2,000 lbs., less than 10,000

12                              lbs.

13  893.135

14   (1)(b)1.b.        1st      Trafficking in cocaine, more than

15                              200 grams, less than 400 grams.

16  893.135

17   (1)(c)1.b.        1st      Trafficking in illegal drugs,

18                              more than 14 grams, less than 28

19                              grams.

20  893.135

21   (1)(d)1.b.        1st      Trafficking in phencyclidine,

22                              more than 200 grams, less than

23                              400 grams.

24  893.135

25   (1)(e)1.b.        1st      Trafficking in methaqualone, more

26                              than 5 kilograms, less than 25

27                              kilograms.

28  893.135

29   (1)(f)1.b.        1st      Trafficking in amphetamine, more

30                              than 28 grams, less than 200

31                              grams.

                                  60

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  893.135

 2   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

 3                              grams or more, less than 28

 4                              grams.

 5  895.03(1)          1st      Use or invest proceeds derived

 6                              from pattern of racketeering

 7                              activity.

 8  895.03(2)          1st      Acquire or maintain through

 9                              racketeering activity any

10                              interest in or control of any

11                              enterprise or real property.

12  895.03(3)          1st      Conduct or participate in any

13                              enterprise through pattern of

14                              racketeering activity.

15  896.101(5)(b)      2nd      Money laundering, financial

16                              transactions totaling or

17                              exceeding $20,000, but less than

18                              $100,000.

19  896.104(4)(a)2.    2nd      Structuring transactions to evade

20                              reporting or registration

21                              requirements, financial

22                              transactions totaling or

23                              exceeding $20,000 but less than

24                              $100,000.

25                              (i)  LEVEL 9

26  316.193

27   (3)(c)3.b.        1st      DUI manslaughter; failing to

28                              render aid or give information.

29  560.123(8)(b)3.    1st      Failure to report currency or

30                              payment instruments totaling or

31                              exceeding $100,000 by money

                                  61

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1                              transmitter.

 2  560.125(5)(c)      1st      Money transmitter business by

 3                              unauthorized person, currency, or

 4                              payment instruments totaling or

 5                              exceeding $100,000.

 6  655.50(10)(b)3.    1st      Failure to report financial

 7                              transactions totaling or

 8                              exceeding $100,000 by financial

 9                              institution.

10  782.04(1)          1st      Attempt, conspire, or solicit to

11                              commit premeditated murder.

12  782.04(3)          1st,PBL   Accomplice to murder in

13                              connection with arson, sexual

14                              battery, robbery, burglary, and

15                              other specified felonies.

16  782.051(1)         1st      Attempted felony murder while

17                              perpetrating or attempting to

18                              perpetrate a felony enumerated in

19                              s. 782.04(3).

20  782.07(2)          1st      Aggravated manslaughter of an

21                              elderly person or disabled adult.

22  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

23                              reward or as a shield or hostage.

24  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

25                              or facilitate commission of any

26                              felony.

27  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

28                              interfere with performance of any

29                              governmental or political

30                              function.

31

                                  62

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  787.02(3)(a)       1st      False imprisonment; child under

 2                              age 13; perpetrator also commits

 3                              aggravated child abuse, sexual

 4                              battery, or lewd or lascivious

 5                              battery, molestation, conduct, or

 6                              exhibition.

 7  790.161            1st      Attempted capital destructive

 8                              device offense.

 9  794.011(2)         1st      Attempted sexual battery; victim

10                              less than 12 years of age.

11  794.011(2)         Life     Sexual battery; offender younger

12                              than 18 years and commits sexual

13                              battery on a person less than 12

14                              years.

15  794.011(4)         1st      Sexual battery; victim 12 years

16                              or older, certain circumstances.

17  794.011(8)(b)      1st      Sexual battery; engage in sexual

18                              conduct with minor 12 to 18 years

19                              by person in familial or

20                              custodial authority.

21  800.04(5)(b)       1st      Lewd or lascivious molestation;

22                              victim less than 12 years;

23                              offender 18 years or older.

24  812.13(2)(a)       1st,PBL  Robbery with firearm or other

25                              deadly weapon.

26  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

27                              deadly weapon.

28  827.03(2)          1st      Aggravated child abuse.

29  847.0145(1)        1st      Selling, or otherwise

30                              transferring custody or control,

31                              of a minor.

                                  63

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  847.0145(2)        1st      Purchasing, or otherwise

 2                              obtaining custody or control, of

 3                              a minor.

 4  859.01             1st      Poisoning food, drink, medicine,

 5                              or water with intent to kill or

 6                              injure another person.

 7  893.135            1st      Attempted capital trafficking

 8                              offense.

 9  893.135(1)(a)3.    1st      Trafficking in cannabis, more

10                              than 10,000 lbs.

11  893.135

12   (1)(b)1.c.        1st      Trafficking in cocaine, more than

13                              400 grams, less than 150

14                              kilograms.

15  893.135

16   (1)(c)1.c.        1st      Trafficking in illegal drugs,

17                              more than 28 grams, less than 30

18                              kilograms.

19  893.135

20   (1)(d)1.c.        1st      Trafficking in phencyclidine,

21                              more than 400 grams.

22  893.135

23   (1)(e)1.c.        1st      Trafficking in methaqualone, more

24                              than 25 kilograms.

25  893.135

26   (1)(f)1.c.        1st      Trafficking in amphetamine, more

27                              than 200 grams.

28  896.101(5)(c)      1st      Money laundering, financial

29                              instruments totaling or exceeding

30                              $100,000.

31

                                  64

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  896.104(4)(a)3.    1st      Structuring transactions to evade

 2                              reporting or registration

 3                              requirements, financial

 4                              transactions totaling or

 5                              exceeding $100,000.

 6         Section 25.  Section 943.032, Florida Statutes, is

 7  created to read:

 8         943.032  Financial Crime Analysis Center and Financial

 9  Transaction Database.--

10         (1)  There is created within the Florida Department of

11  Law Enforcement a Financial Crime Analysis Center and a

12  Financial Transaction Database.

13         (2)  The department shall compile information and data

14  available from financial transaction reports required to be

15  submitted by state or federal law that are provided to the

16  Department of Banking and Finance, to the Department of

17  Revenue, or to which the department otherwise has access.

18  Information and data so received shall be utilized by the

19  department in the Financial Transaction Database.  The

20  department shall implement a system utilizing the database

21  that allows data review and processing to reveal patterns,

22  trends and correlations that are indicative of money

23  laundering or other financial transactions indicative of

24  criminal activity.  The department shall, in consultation with

25  the Department of Banking and Finance and the Department of

26  Revenue, establish the methods and parameters by which

27  information and data received by the Department of Banking and

28  Finance or the Department of Revenue are transferred to the

29  department for inclusion in the database.  Information

30  developed in or through the use of the database shall be made

31  available to law enforcement agencies and prosecutors in this

                                  65

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  state in a manner defined by the department and as allowed by

 2  state or federal law or regulation.  All information contained

 3  in the database shall be considered "active criminal

 4  intelligence" or "active criminal investigative information"

 5  as defined in s. 119.011.

 6         (3)  The Financial Crime Analysis Center shall analyze

 7  and develop information relating to money laundering, perform

 8  post-seizure analysis of currency and drug seizures in drug

 9  cases, and access information and data in the Financial

10  Transaction Database for the purposes of assisting the

11  department's drug and money laundering investigation and

12  forfeiture efforts, assisting the efforts of law enforcement

13  agencies and prosecutors in this state in investigating

14  ongoing, organized drug trafficking and money laundering

15  activities occurring within the state, and assisting the

16  department in investigations of other financial transactions

17  indicative of criminal activity.  The center may perform

18  proactive analyses of information and intelligence to assist

19  in identifying those who may be engaging in money laundering,

20  drug-related criminal activity, or other criminal activity

21  involving financial transactions, but who have evaded

22  detection, investigation, or prosecution.

23         Section 26.  For fiscal year 2000-2001, 15 FTE and

24  $1,600,000 from the State Transportation Trust Fund are

25  appropriated to the Department of Transportation, Office of

26  Motor Carrier Compliance, for the purpose of creating a

27  contraband interdiction program within the Office of Motor

28  Carrier Compliance.  The 15 FTE consists of seven certified

29  K-9 handlers, seven felony officers, and one support staff.

30  The teams are created to patrol major highway corridors and

31  commercial weigh stations in order to reduce the flow of

                                  66

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1  illicit drugs and illegal contraband on Florida's highway

 2  systems.  The department shall seek additional funding from

 3  federal grants and forfeiture proceedings, and may amend its

 4  budget in accordance with the provisions of chapter 216,

 5  Florida Statutes.

 6         Section 27.  This act shall take effect July 1, 2000.

 7

 8

 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 1, line 2, through page 4, line 22,

12  remove from the title of the bill:  -ll of said lines,

13

14  and insert in lieu thereof:

15         An act relating to money laundering; creating

16         s. 311.12, F.S.; providing for development and

17         implementation of a statewide seaport security

18         plan; providing for a fingerprint-based

19         criminal history check of an applicant for

20         employment and current employees at seaports;

21         providing for inspections of seaports to

22         determine compliance with minimum security

23         standards and report of results of inspections

24         performed; amending s. 560.103, F.S.; limiting

25         the definition of the term "authorized vendor"

26         as used in the Money Transmitters' Code to

27         businesses located in this state; creating s.

28         560.1073, F.S.; providing criminal penalties

29         for making or filing with the Department of

30         Banking and Finance certain false or misleading

31         statements or documents; amending s. 560.111,

                                  67

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         F.S.; reducing the department's burden of

 2         proving knowing intent to defraud; amending s.

 3         560.114, F.S.; expanding the department's

 4         disciplinary authority; amending s. 560.117,

 5         F.S.; requiring the department to notify

 6         licensees suspected of certain code violations

 7         and permit such licensees to correct such

 8         violations before bringing disciplinary action;

 9         providing for an administrative fine; amending

10         s. 560.118, F.S.; revising requirements for

11         examinations, reports, and audits of money

12         transmitters; providing a criminal penalty for

13         violations of the section; amending s. 560.123,

14         F.S.; revising standards for graduated

15         penalties involving currency or payment

16         instruments under the Florida Control of Money

17         Laundering in Money Transmitters Act; providing

18         that the common law corpus delicti rule does

19         not apply to prosecutions under the Money

20         Transmitters' Code; providing for admissibility

21         of a defendant's confession under certain

22         circumstances; amending s. 560.125, F.S.;

23         providing graduated criminal penalties;

24         increasing fines; providing for a civil

25         penalty; providing that the common law corpus

26         delicti rule does not apply to prosecutions

27         under the Money Transmitters' Code; providing

28         for admissibility of a defendant's confession

29         under certain circumstances; amending s.

30         560.205, F.S.; requiring the submission of

31         fingerprints by applicants for registration

                                  68

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         under the Payment Instruments and Funds

 2         Transmission Act; amending s. 560.211, F.S.;

 3         providing a criminal penalty for failing to

 4         comply with recordkeeping requirements;

 5         amending s. 560.306, F.S.; providing standards

 6         for qualifying for registration under the Check

 7         Cashing and Foreign Currency Exchange Act;

 8         amending s. 560.310, F.S; providing a criminal

 9         penalty for failure to comply with

10         recordkeeping requirements; amending s. 655.50,

11         F.S.; revising standards for graduated

12         penalties involving financial transactions

13         under the Florida Control of Money Laundering

14         in Financial Institutions Act; providing that

15         the common law corpus delicti rule does not

16         apply to prosecutions under the Money

17         Transmitters' Code; providing for admissibility

18         of a defendant's confession under certain

19         circumstances; amending s. 893.145, F.S.;

20         redefining the term "drug paraphernalia";

21         amending s. 893.147, F.S.; providing a criminal

22         penalty for transportation of drug

23         paraphernalia; amending s. 895.02, F.S.;

24         expanding the definition of the term

25         "racketeering activity"; amending s. 896.101,

26         F.S.; redefining the terms "transaction" and

27         "financial transaction"; defining the terms

28         "knowing" and "petitioner"; providing that

29         specific circumstances do not constitute a

30         defense to a prosecution; providing for

31         criminal penalties, fines, and civil penalties;

                                  69

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         providing for injunctions; providing for

 2         seizure warrants; providing for immunity from

 3         liability; providing that the common law corpus

 4         delicti rule does not apply to prosecutions

 5         under the Money Transmitters' Code; providing

 6         for admissibility of a defendant's confession

 7         under certain circumstances; amending s.

 8         896.103, F.S.; conforming a statutory cross

 9         reference; creating ss. 896.104, 896.105,

10         896.106, and 896.107, F.S.; providing

11         definitions; providing criminal penalties for

12         evading reporting or registration requirements

13         in specific financial transactions; providing

14         exceptions for undercover law enforcement

15         purposes; providing for fugitive

16         disentitlement; providing for informant

17         rewards; amending s. 921.0022, F.S.; adding

18         specified monetary transactions to the Criminal

19         Punishment Code offense severity ranking chart;

20         creating s. 943.032, F.S.; creating the

21         Financial Crimes Analysis Center and Financial

22         Transaction Database within the Florida

23         Department of Law Enforcement; providing

24         requirements; providing for 15 FTE and

25         $1,600,000 the from State Transportation Fund

26         to the Department of Transportation, Office of

27         Motor Carrier Compliance, to create contraband

28         interdiction teams; specifying composition of

29         FTE positions; specifying purpose of contraband

30         interdiction teams; requiring the Department of

31         Transportation to seek additional funding from

                                  70

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1258, 1st Eng.

    Amendment No. 2 (for drafter's use only)





 1         federal grants and forfeiture proceedings;

 2         authorizing the Department of Transportation to

 3         amend its budget; providing an effective date.

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  71

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