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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5 ORIGINAL STAMP BELOW
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11 Representative(s) Crow, Bitner, Henriquez, Sublette, Roberts,
12 and Wiles offered the following:
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14 Substitute Amendment for Amendment (554129) (with title
15 amendment)
16 Remove from the bill: Everything after the enacting clause
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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
39
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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
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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;
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hfs0003 06:38 pm 01258-0049-281517
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
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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.
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