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. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 1                                 .
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Ball offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Section 311.12, Florida Statutes, is

18  created to read:

19         311.12  Seaport security.--

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

21  Office of the Governor, in consultation with the Florida

22  Seaport Transportation and Economic Development Council, and

23  in conjunction with the Florida Department of Law Enforcement

24  and local law enforcement agencies having primary authority

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

26  a statewide security plan based upon the Florida Seaport

27  Security Assessment 2000 conducted by the Office of Drug

28  Control.  Such plan shall establish statewide minimum

29  standards for seaport security including the prevention of

30  criminal activity including money laundering.  The statewide

31  seaport security plan shall identify the funding needs for

                                  1

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  security requirements of all relevant ports and shall

 2  recommend mechanisms to fund those needs including an analysis

 3  of the ability of seaports to provide funding for necessary

 4  improvements. The statewide seaport security plan shall be

 5  submitted to the Speaker of the House of Representatives and

 6  the President of the Senate and the chairs of the fiscal

 7  committees of the House of Representatives and Senate for

 8  review on or before January 1, 2001.

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

10  311.09(1), in conjunction with and pending review and approval

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

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

13  and in consultation with the Florida Seaport Transportation

14  and Economic Development Council, shall no later than January

15  31, 2001, develop and draft individual seaport security plans

16  particular to the specific and identifiable needs of their

17  respective seaports.

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

19  statewide minimum standards established pursuant to subsection

20  (1).

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

22  the affected ports for purposes of inspections by the

23  Department of Law Enforcement as authorized by this section.

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

25  be performed on any applicant for employment or current

26  employee, as designated by each security plan required by

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

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

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

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

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

                                  2

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  required by the Department of Law Enforcement and the security

 2  plan. These fingerprints shall be submitted to the Department

 3  of Law Enforcement for state processing and to the Federal

 4  Bureau of Investigation for federal processing. The results of

 5  the checks shall be reported to the seaports.

 6         (4)  The affected seaports shall implement the security

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

 8  contingent upon legislative approval of the statewide security

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

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

11  shall conduct no less than once annually an unannounced

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

13  whether the seaport is meeting the minimum standards

14  established under the authority of this section. The

15  Department of Law Enforcement, in consultation with the Office

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

17  shall complete a report indicating the results of all such

18  inspections conducted during the year and any suggestions or

19  concerns developed by reason of such inspections by no later

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

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

22  Speaker of the House of Representatives, and the chief

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

24  the extent possible, include responses from the chief

25  administrator of any seaport about which suggestions have been

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

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

28  the suggestions or concerns noted.

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

30  preventing any seaport from implementing security measures

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

                                  3

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  minimum standards established by this section.

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

 3  Statutes, is amended to read:

 4         560.103  Definitions.--As used in the code, unless the

 5  context otherwise requires:

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

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

 8  behalf of the registrant at locations in this state pursuant

 9  to a written contract with the registrant.

10         Section 3.  Section 560.1073, Florida Statutes, is

11  created to read:

12         560.1073  False or misleading statements or supporting

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

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

15  representative for filing with the department, any financial

16  statement or any document in support thereof which is required

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

18  the statement or document is materially false or materially

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

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

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

22  Statutes, is amended to read:

23         560.111  Prohibited acts and practices.--

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

25  transmitter-affiliated party to:

26         (a)  Knowingly Receive or possess itself of any

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

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

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

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

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

                                  4

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  authorized vendor with intent to deceive or defraud such money

 3  transmitter or authorized vendor;

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

 5  statement of such money transmitter or authorized vendor with

 6  intent to deceive or defraud such money transmitter,

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

 8  deceive the department, any other state or federal appropriate

 9  regulatory agency, or any authorized representative appointed

10  to examine or investigate the affairs of such money

11  transmitter or authorized vendor;

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

13  31 U.S.C. s. 5324, or any other law, rule, or regulation of

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

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

16  revocation of a money transmitter license or registration in

17  such jurisdiction;

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

19  its employees any examination report, report of condition,

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

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

22  material matter; or

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

24  transmitter or authorized vendor any note, obligation, or

25  security that the money transmitter or authorized vendor does

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

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

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

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

30  the property of the money transmitter or authorized vendor and

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

                                  5

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  security is fraudulent or otherwise worthless.

 3         Section 5.  Section 560.114, Florida Statutes, is

 4  amended to read:

 5         560.114  Disciplinary actions.--

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

 7  money transmitter-affiliated party are violations of the code

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

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

10  registration application or the suspension or revocation of

11  any registration previously issued pursuant to the code, or

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

13  department pursuant to the code:

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

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

16  written agreement entered into with the department.

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

18  negligence in any transaction involving money transmission,

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

20  transmitter customer.

21         (c)  Fraudulent misrepresentation, circumvention, or

22  concealment of any matter required to be stated or furnished

23  to a money transmitter customer pursuant to the code,

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

25  customer.

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

27  money transmitter or authorized vendor.

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

29  for examination all books, accounts, or other documents

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

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

                                  6

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  department.

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

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

 4  transmitter applied for registration, would have been grounds

 5  for denial of registration.

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

 7  inspection of books and records in an investigation or

 8  examination by the department, pursuant to the provisions of

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

10  department.

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

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

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

14  transaction within 30 days after the judgment becomes final.

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

16  proscribed by s. 560.111.

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

18  unsound manner.

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

20  money transmitter-affiliated party after the department has

21  issued and served upon the money transmitter a final order

22  setting forth a finding that the money transmitter-affiliated

23  party has knowingly violated any provision of the code.

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

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

26  or for revocation, suspension, or restriction of registration

27  previously granted:

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

29  misrepresentation or committing any fraud of fact in an

30  initial or renewal application for registration.

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

                                  7

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  application for registration, or a registration or its

 2  equivalent, to practice any profession or occupation being

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

 4  registering authority in any jurisdiction or a finding by an

 5  appropriate regulatory body of engaging in unlicensed activity

 6  as a money transmitter within any jurisdiction for fraud or

 7  dishonest dealing.

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

 9  registration or its equivalent, or an application for

10  registration, to practice any profession or occupation being

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

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

13  1956, 31 U.S.C. s. 5324, or any other law, rule, or regulation

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

15  business of money transmission or usury which may cause the

16  denial or revocation of a money transmitter license or

17  registration in such jurisdiction.

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

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

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

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

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

23  without regard to whether a judgment of conviction has been

24  entered by the court.

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

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

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

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

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

30  having pleaded guilty or nolo contendere to, misappropriation,

31  conversion, or unlawful withholding of moneys that belong to

                                  8

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  money transmitter.

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

 4  15 days after pleading guilty or nolo contendere to, or being

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

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

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

 8  moral turpitude, or dishonest dealing, without regard to

 9  whether a judgment of conviction has been entered by the

10  court.

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

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

13  any order or rule of the department.

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

15  under the code.

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

17  within 30 days after the judgment becomes final.

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

19  the business of a money transmitter without the proper

20  registration.

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

22  a registration or for revocation, suspension, or restriction

23  of a registration previously granted under part III of this

24  chapter.

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

26  or removal order, suspend or revoke any previously issued

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

28  the department against a money transmitter based on any fact

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

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

31  registration, would have been grounds for denial of

                                  9

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  registration.

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

 3  of its authorized vendors if the money transmitter should have

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

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

 6  money transmitter willfully allowed such act to continue. Such

 7  responsibility is limited to conduct engaged in by the

 8  authorized vendor pursuant to the authority granted to it by

 9  the money transmitter.

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

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

12  administrative action under this code, the proceeding may

13  continue as if the registration were still in effect.

14         Section 6.  Section 560.117, Florida Statutes, is

15  amended to read:

16         560.117  Administrative fines; enforcement.--

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

18  proceeding pursuant to chapter 120 to impose an administrative

19  fine against any person found to have violated any provision

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

21  any written agreement with the department. However, the

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

23  the licensee has violated any of the following provisions of

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

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

26  violation before bringing disciplinary action under the code:

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

28  under the code;

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

30  within 30 days after the judgment becomes final;

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

                                  10

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

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

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

 4  proceeding shall be initiated and no fine shall accrue

 5  pursuant to this section until after such person has been

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

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

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

 9

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

11  $100 a day for each violation. The department may excuse any

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

13  fined.

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

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

16  continue a license or registration issued under this chapter,

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

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

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

20  each violation of this chapter.

21         (3)(2)  Notwithstanding any other provision of this

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

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

24  engaging in the business of a money transmitter without being

25  registered.

26         (4)(3)  Any administrative fine levied by the

27  department may be enforced by the department by appropriate

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

29  person resides or maintains a principal office. In any

30  administrative or judicial proceeding arising under this

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

                                  11

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

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

 3  violation does not render moot any administrative or judicial

 4  proceeding.

 5         Section 7.  Section 560.118, Florida Statutes, is

 6  amended to read:

 7         560.118  Examinations, reports, and internal audits;

 8  penalty.--

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

10  money transmitter or authorized vendor by providing not less

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

12  authorized vendor. However, if the department suspects that

13  the money transmitter or authorized vendor has violated any

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

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

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

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

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

19  money transmitter or any money transmitter-affiliated party

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

21  examinations, the department may administer oaths and examine

22  a money transmitter or any of its affiliated parties

23  concerning their operations and business activities and

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

25  believe that a money transmitter or authorized vendor is

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

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

28  make an examination of such money transmitter or authorized

29  vendor without providing advance notice. The department may

30  accept an audit or examination from any appropriate regulatory

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

                                  12

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  department may also make a joint or concurrent examination

 3  with any state or federal appropriate regulatory agency. The

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

 5  money transmitter or authorized vendor to the money

 6  transmitter and any appropriate regulatory agency provided

 7  that such agency agrees to abide by the confidentiality

 8  provisions as set forth in chapter 119.

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

10  shall make available to the department or its examiners the

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

12  matters which are in their immediate possession or control and

13  which relate to the subject of the examination.  Those

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

15  matters not in their immediate possession shall be made

16  available to the department or the department's examiners

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

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

19  audit of a money transmitter required under this section may

20  be performed or authorized vendor by an independent third

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

22  certified public accountant authorized to do business in the

23  United States. The examination of a money transmitter or

24  authorized vendor required under this section may be performed

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

26  department or by a certified public accountant authorized to

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

28  independent examination or audit shall be directly borne by

29  the money transmitter or authorized vendor.

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

31  regular examination and supervision of a money transmitter or

                                  13

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

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

 3  unless the department has determined that the money

 4  transmitter or authorized vendor is operating in an unsafe or

 5  unsound or unlawful manner.

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

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

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

 9  compensate the department for costs associated with the

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

11  the salary and travel expenses directly attributable to the

12  field staff examining the money transmitter or authorized

13  vendor, and the travel expenses of any supervisory staff

14  required as a result of examination findings. Reimbursement

15  for such costs incurred under this subsection must be

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

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

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

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

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

21  payment penalty, the department may consider the prior payment

22  history of the money transmitter or authorized vendor.

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

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

25  be audited by an independent third party that has been

26  approved by the department or by a certified public accountant

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

28  transmitter or authorized vendor shall directly bear the cost

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

30  payment instruments who can prove to the satisfaction of the

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

                                  14

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  employees and authorized vendors or that its annual payment

 2  instruments issued from its activities as a payment instrument

 3  seller are less than $200,000.

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

 5  transmitter or authorized vendor to submit quarterly reports

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

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

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

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

10  belief. Such report must include such information as the

11  department by rule requires for that type of money

12  transmitter.

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

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

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

16  administrative fine, the department may consider the prior

17  payment history of the money transmitter or authorized vendor.

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

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

20  department made under this section commits a felony of the

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

22  775.083, or s. 775.084.

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

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

25  section, to read:

26         560.123  Florida control of money laundering in the

27  Money Transmitters' Code; reports of transactions involving

28  currency or monetary instruments; when required; purpose;

29  definitions; penalties.--

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

31  who willfully violates any provision of this section or

                                  15

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  chapter 896 commits a misdemeanor of the first degree,

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

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

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

 5         1.  Currency or payment instruments Committed in

 6  furtherance of the commission of any other violation of any

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

 8  activity involving financial transactions exceeding $300 but

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

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

11  775.083, or s. 775.084.

12         2.  Currency or payment instruments totaling or

13  Committed as part of a pattern of illegal activity involving

14  financial transactions exceeding $20,000 but less than

15  $100,000 in any 12-month period, commits a felony of the

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

17  775.083, or s. 775.084.

18         3.  Currency or payment instruments totaling or

19  Committed as part of a pattern of illegal activity involving

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

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

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

23         (c)  In addition to the penalties otherwise authorized

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

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

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

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

28  or payment instruments financial transaction, whichever is

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

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

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

                                  16

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  value of the currency or payment instruments financial

 2  transaction, whichever is greater.

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

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

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

 6  instruments financial transaction involved or $25,000.

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

 8         (9)  In any prosecution brought pursuant to this

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

10  The defendant's confession or admission is admissible during

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

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

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

14  trustworthy. Before the court admits the defendant's

15  confession or admission, the state must prove by a

16  preponderance of the evidence that there is sufficient

17  corroborating evidence that tends to establish the

18  trustworthiness of the statement by the defendant. Hearsay

19  evidence is admissible during the presentation of evidence at

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

21  consider all relevant corroborating evidence, including the

22  defendant's statements.

23         Section 9.  Section 560.125, Florida Statutes, is

24  amended to read:

25         560.125  Money transmitter business by unauthorized

26  persons; penalties.--

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

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

29  transmitter in this state unless the person is exempted from

30  the registration requirements of the code.

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

                                  17

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  transmitter when such money transmitter is subject to

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

 3  person becomes the principal thereof, and no longer merely

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

 5  remitter as a principal money transmitter.

 6         (3)  Any person whose substantial interests are

 7  affected by a proceeding brought by the department pursuant to

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

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

10  proceeding from violating any of the provisions of this

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

12  transmitter registered pursuant to the code, any person

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

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

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

16  or association are deemed substantially affected if the

17  interests of any of its members are so affected.

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

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

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

21  department may issue and serve upon any person who violates

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

23  cease and desist order in accordance with the procedures and

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

25  also impose an administrative fine pursuant to s.

26  560.117(3)(2) against any person who violates any of the

27  provisions of this section.

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

29  violation involves:

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

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

                                  18

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  775.083, or s. 775.084.

 3         (b)  Currency or payment instruments totaling or

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

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

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

 7         (c)  Currency or payment instruments totaling or

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

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

10  775.083, or s. 775.084.

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

12  775.082, s. 775.083, or s. 775.084, a person who has been

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

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

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

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

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

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

19  payment instruments, whichever is greater.

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

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

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

23  greater.

24         (8)  In any prosecution brought pursuant to this

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

26  The defendant's confession or admission is admissible during

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

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

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

30  trustworthy. Before the court admits the defendant's

31  confession or admission, the state must prove by a

                                  19

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  preponderance of the evidence that there is sufficient

 2  corroborating evidence that tends to establish the

 3  trustworthiness of the statement by the defendant. Hearsay

 4  evidence is admissible during the presentation of evidence at

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

 6  consider all relevant corroborating evidence, including the

 7  defendant's statements.

 8         Section 10.  Section 560.205, Florida Statutes, is

 9  amended to read:

10         560.205  Qualifications of applicant for registration;

11  contents.--

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

13  applicant must demonstrate to the department such character

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

15  and warrant the belief that the registered business will be

16  operated lawfully and fairly. The department may investigate

17  each applicant to ascertain whether the qualifications and

18  requirements prescribed by this part have been met. The

19  department's investigation may include a criminal background

20  investigation of all controlling shareholders, principals,

21  officers, directors, members and responsible persons of a

22  funds transmitter and a payment instrument seller and all

23  persons designated by a funds transmitter or payment

24  instrument seller as an authorized vendor. Each controlling

25  shareholder, principal, officer, director, member, and

26  responsible person of a funds transmitter or payment

27  instrument seller, unless the applicant is a publicly traded

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

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

30  fingerprints taken by an authorized law enforcement officer.

31  Such fingerprints must be submitted to the Department of Law

                                  20

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  Enforcement or the Federal Bureau of Investigation for state

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

 3  requirement that applicants file a set of fingerprints or the

 4  requirement that such fingerprints be processed by the

 5  Department of Law Enforcement or the Federal Bureau of

 6  Investigation.

 7         (2)  Each application for registration must be

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

 9  department prescribes by rule and must be accompanied by a

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

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

12  application forms shall set forth such information as the

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

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

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

16  conduct of its business.

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

18  litigation, criminal convictions, pleas of nolo contendere,

19  and cases of adjudication withheld.

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

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

22  business activities in which the applicant seeks to engage in

23  this state.

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

25  authorized vendors in this state, including the location or

26  locations in this state at which the applicant and its

27  authorized vendors propose to conduct registered activities.

28         (e)  A sample authorized vendor contract, if

29  applicable.

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

31  applicable.

                                  21

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  institution or financial institutions through which the

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

 4  such payment instruments will be payable.

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

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

 7  fulfilled.

 8         (3)  Each application for registration by an applicant

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

10  the department reasonably requires, including, but not limited

11  to:

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

13  state of incorporation.

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

15  country in which the applicant was incorporated.

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

17  applicant, including the identity of any parent or subsidiary

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

19  subsidiary is publicly traded on any stock exchange.

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

21  employment history for the past 5 years for each executive

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

23  responsible person who will be in charge of all the

24  applicant's business activities in this state.

25         (e)  The history of material litigation and criminal

26  convictions, pleas of nolo contendere, and cases of

27  adjudication withheld for each executive officer, each

28  director, each controlling shareholder, and the responsible

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

30  activities.

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

                                  22

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

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

 3  applicant is a wholly owned subsidiary of another corporation,

 4  the parent's consolidated audited financial statements may be

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

 6  required to file audited financial statements may satisfy this

 7  requirement by filing unaudited financial statements verified

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

 9  rule.

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

11  financial statements may file copies of the applicant's

12  unconsolidated, unaudited financial statements for the current

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

14  period.

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

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

17  States Securities and Exchange Commission, or with a similar

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

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

20         (4)  Each application for registration submitted to the

21  department by an applicant that is not a corporation shall

22  also set forth such information as the department reasonably

23  requires, including, but not limited to:

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

25  business in this state.

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

27  personal financial statement and employment history for the

28  past 5 years for each individual having a controlling

29  ownership interest in the applicant, and each responsible

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

31  activities.

                                  23

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1         (c)  The history of material litigation and criminal

 2  convictions, pleas of nolo contendere, and cases of

 3  adjudication withheld for each individual having a controlling

 4  ownership interest in the applicant and each responsible

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

 6  activities.

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

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

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

10  file audited financial statements may satisfy this requirement

11  by filing unaudited financial statements verified under

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

13         (5)  Each applicant shall designate and maintain an

14  agent in this state for service of process.

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

16  560.211, Florida Statutes, to read:

17         560.211  Records.--

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

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

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

21         Section 12.  Section 560.306, Florida Statutes, is

22  amended to read:

23         560.306  Standards.--

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

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

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

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

28  registered business will be operated lawfully and fairly. The

29  department may investigate each applicant to ascertain whether

30  the qualifications and requirements prescribed by this part

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

                                  24

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  criminal background investigation of all controlling

 2  shareholders, principals, officers, directors, members, and

 3  responsible persons of a check casher and a foreign currency

 4  exchanger and all persons designated by a foreign currency

 5  exchanger or check casher as an authorized vendor. Each

 6  controlling shareholder, principal, officer, director,

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

 8  currency exchanger, unless the applicant is a publicly traded

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

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

11  fingerprints taken by an authorized law enforcement officer.

12  Such fingerprints must be submitted to the Department of Law

13  Enforcement or the Federal Bureau of Investigation for state

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

15  requirement that applicants file a set of fingerprints or the

16  requirement that such fingerprints be processed by the

17  Department of Law Enforcement or the Federal Bureau of

18  Investigation.

19         (2)(1)  The department may deny registration if it

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

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

22  involving moral turpitude in any jurisdiction or of a crime

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

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

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

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

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

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

29  irrespective of the pronouncement of sentence or the

30  suspension thereof. The department may take into consideration

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

                                  25

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  abrogated by lawful judicial process or that the person

 3  convicted of the crime received a pardon from the jurisdiction

 4  where the conviction was entered or received a certificate

 5  pursuant to any provision of law which removes the disability

 6  under this part because of such conviction.

 7         (3)(2)  The department may deny an initial application

 8  for registration if the applicant or money

 9  transmitter-affiliated party of the applicant is the subject

10  of a pending criminal prosecution or governmental enforcement

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

12  criminal prosecution or enforcement action.

13         (4)(3)  Each registration application and renewal

14  application must specify the location at which the applicant

15  proposes to establish its principal place of business and any

16  other location, including authorized vendors operating in this

17  state. The registrant shall notify the department of any

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

19  requirement by providing the department with a list of such

20  locations, including all authorized vendors operating in this

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

22  business as a check casher or a foreign currency exchanger

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

24         (5)(4)  Each applicant shall designate and maintain an

25  agent in this state for service of process.

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

27  560.310, Florida Statutes, to read:

28         560.310  Records of check cashers and foreign currency

29  exchangers.--

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

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

                                  26

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  department made pursuant to this section commits a felony of

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

 3  775.083, or s. 775.084.

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

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

 6  section, to read:

 7         655.50  Florida Control of Money Laundering in

 8  Financial Institutions Act; reports of transactions involving

 9  currency or monetary instruments; when required; purpose;

10  definitions; penalties.--

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

12  who willfully violates any provision of this section, chapter

13  896, or any similar state or federal law is guilty of a

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

15  775.082 or s. 775.083.

16         (b)  A person who willfully violates or knowingly

17  causes another to violate any provision of this section,

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

19  violation involves is:

20         1.  Committed in furtherance of the commission of any

21  other violation of Florida law; or

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

23  involving Financial transactions exceeding $300 but less than

24  $20,000 in any 12-month period, is guilty of a felony of the

25  third degree, punishable as provided in s. 775.082 or s.

26  775.083; or

27         2.3.  Committed as part of a pattern of illegal

28  activity involving Financial transactions totaling or

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

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

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

                                  27

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1         3.4.  Committed as part of a pattern of illegal

 2  activity involving Financial transactions totaling or

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

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

 5  775.082 or s. 775.083.

 6         (c)  In addition to the penalties otherwise authorized

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

 8  or who has pleaded guilty or nolo contendere to having

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

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

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

12  subsequent conviction for or plea of guilty or nolo contendere

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

14  $500,000 or quintuple the value of the financial transaction,

15  whichever is greater.

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

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

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

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

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

21  penalty may not exceed $100,000.

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

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

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

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

26         (11)  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

                                  28

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (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 15.  Section 893.145, Florida Statutes, is

11  amended to read:

12         893.145  "Drug paraphernalia" defined.--The term "drug

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

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

15  in planting, propagating, cultivating, growing, harvesting,

16  manufacturing, compounding, converting, producing, processing,

17  preparing, testing, analyzing, packaging, repackaging,

18  storing, containing, concealing, transporting, injecting,

19  ingesting, inhaling, or otherwise introducing into the human

20  body a controlled substance in violation of this chapter.

21  Drug paraphernalia is deemed to be contraband which shall be

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

23  limited to:

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

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

26  harvesting of any species of plant which is a controlled

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

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

29  in manufacturing, compounding, converting, producing,

30  processing, or preparing controlled substances.

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

                                  29

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  plant which is a controlled substance.

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

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

 5  effectiveness, or purity of, controlled substances.

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

 7  designed for use in weighing or measuring controlled

 8  substances.

 9         (6)  Diluents and adulterants, such as quinine

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

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

12  substances.

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

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

15  in otherwise cleaning or refining, cannabis.

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

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

18  compounding controlled substances.

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

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

21  packaging small quantities of controlled substances.

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

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

24  transporting controlled substances.

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

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

27  injecting controlled substances into the human body.

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

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

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

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

                                  30

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  hashish heads, or punctured metal bowls.

 3         (b)  Water pipes.

 4         (c)  Carburetion tubes and devices.

 5         (d)  Smoking and carburetion masks.

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

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

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

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

10         (g)  Chamber pipes.

11         (h)  Carburetor pipes.

12         (i)  Electric pipes.

13         (j)  Air-driven pipes.

14         (k)  Chillums.

15         (l)  Bongs.

16         (m)  Ice pipes or chillers.

17         Section 16.  Section 893.147, Florida Statutes, is

18  amended to read:

19         893.147  Use, possession, manufacture, delivery,

20  transportation, or advertisement of drug paraphernalia.--

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

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

23  use, drug paraphernalia:

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

25  manufacture, compound, convert, produce, process, prepare,

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

27  controlled substance in violation of this chapter; or

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

29  into the human body a controlled substance in violation of

30  this chapter.

31

                                  31

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  Any person who violates this subsection is guilty of a

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

 3  775.082 or s. 775.083.

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

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

 6  deliver, or manufacture with intent to deliver drug

 7  paraphernalia, knowing, or under circumstances where one

 8  reasonably should know, that it will be used:

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

10  manufacture, compound, convert, produce, process, prepare,

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

12  controlled substance in violation of this act; or

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

14  into the human body a controlled substance in violation of

15  this act.

16

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

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

19  775.083, or s. 775.084.

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

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

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

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

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

25  s. 775.084.

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

27  deliver hypodermic syringes, needles, or other objects which

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

29  parenterally injecting substances into the human body to any

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

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

                                  32

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

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

 3  valid prescription for same.  Any person who violates the

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

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

 6  775.083.

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

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

 9  manufacture with the intent to use drug paraphernalia, knowing

10  or under circumstances in which one reasonably should know

11  that it will be used to transport:

12         (a)  A controlled substance in violation of this

13  chapter; or

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

15

16  Any person who violates this subsection commits a felony of

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

18  775.083, or s. 775.084.

19         (5)(4)  ADVERTISEMENT OF DRUG PARAPHERNALIA.--It is

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

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

22  under circumstances where one reasonably should know, that the

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

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

25  drug paraphernalia.  Any person who violates this subsection

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

27  provided in s. 775.082 or s. 775.083.

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

29  895.02, Florida Statutes, is amended to read:

30         895.02  Definitions.--As used in ss. 895.01-895.08, the

31  term:

                                  33

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  attempt to commit, to conspire to commit, or to solicit,

 3  coerce, or intimidate another person to commit:

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

 5  information under the following provisions of the Florida

 6  Statutes:

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

 8  cigarette taxes.

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

10  control.

11         3.  Section 414.39, relating to public assistance

12  fraud.

13         4.  Section 409.920, relating to Medicaid provider

14  fraud.

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

16  compensation.

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

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

19  investor protection.

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

21  relating to dogracing and horseracing.

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

23         10.  Chapter 552, relating to the manufacture,

24  distribution, and use of explosives.

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

26  the violation is punishable as a felony.

27         12.11.  Chapter 562, relating to beverage law

28  enforcement.

29         13.12.  Section 624.401, relating to transacting

30  insurance without a certificate of authority, s.

31  624.437(4)(c)1., relating to operating an unauthorized

                                  34

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  relating to representing or aiding an unauthorized insurer.

 3         14.13.  Section 655.50, relating to reports of currency

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

 5         15.14.  Chapter 687, relating to interest and usurious

 6  practices.

 7         16.15.  Section 721.08, s. 721.09, or s. 721.13,

 8  relating to real estate timeshare plans.

 9         17.16.  Chapter 782, relating to homicide.

10         18.17.  Chapter 784, relating to assault and battery.

11         19.18.  Chapter 787, relating to kidnapping.

12         20.19.  Chapter 790, relating to weapons and firearms.

13         21.20.  Section 796.03, s. 796.04, s.  796.05, or s.

14  796.07, relating to prostitution.

15         22.21.  Chapter 806, relating to arson.

16         23.22.  Section 810.02(2)(c), relating to specified

17  burglary of a dwelling or structure.

18         24.23.  Chapter 812, relating to theft, robbery, and

19  related crimes.

20         25.24.  Chapter 815, relating to computer-related

21  crimes.

22         26.25.  Chapter 817, relating to fraudulent practices,

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

24         27.26.  Chapter 825, relating to abuse, neglect, or

25  exploitation of an elderly person or disabled adult.

26         28.27.  Section 827.071, relating to commercial sexual

27  exploitation of children.

28         29.28.  Chapter 831, relating to forgery and

29  counterfeiting.

30         30.29.  Chapter 832, relating to issuance of worthless

31  checks and drafts.

                                  35

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1         31.30.  Section 836.05, relating to extortion.

 2         32.31.  Chapter 837, relating to perjury.

 3         33.32.  Chapter 838, relating to bribery and misuse of

 4  public office.

 5         34.33.  Chapter 843, relating to obstruction of

 6  justice.

 7         35.34.  Section 847.011, s. 847.012, s. 847.013, s.

 8  847.06, or s. 847.07, relating to obscene literature and

 9  profanity.

10         36.35.  Section 849.09, s. 849.14, s. 849.15, s.

11  849.23, or s. 849.25, relating to gambling.

12         37.36.  Chapter 874, relating to criminal street gangs.

13         38.37.  Chapter 893, relating to drug abuse prevention

14  and control.

15         39.38.  Chapter 896, relating to offenses related to

16  financial transactions.

17         40.39.  Sections 914.22 and 914.23, relating to

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

19  retaliation against a witness, victim, or informant.

20         41.40.  Sections 918.12 and 918.13, relating to

21  tampering with jurors and evidence.

22         Section 18.  Section 896.101, Florida Statutes, is

23  amended to read:

24         896.101  Florida Money Laundering Act; definitions;

25  penalties; injunctions; seizure warrants; immunity Offense of

26  conduct of financial transaction involving proceeds of

27  unlawful activity; penalties.--

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

29  Laundering Act."

30         (2)(1)  DEFINITIONS.--As used in this section, the

31  term:

                                  36

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  transaction represents the proceeds of some form of unlawful

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

 4  the transaction represented proceeds from some form, though

 5  not necessarily which form, of activity that constitutes a

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

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

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

 9  participating in initiating or concluding a transaction.

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

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

12  with respect to a financial institution includes a deposit,

13  withdrawal, transfer between accounts, exchange of currency,

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

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

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

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

18  whatever means effected.

19         (d)  "Financial transaction" means a transaction

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

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

22  or degree affects commerce, or a transaction involving the

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

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

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

26  affect, commerce in any way or degree.

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

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

29  personal checks, bank checks, money orders, investment

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

31  thereto passes upon delivery, and negotiable instruments in

                                  37

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  bearer form or otherwise in such form that title thereto

 2  passes upon delivery.

 3         (f)  "Financial institution" means a financial

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

 5  is located in this state.

 6         (g)  "Specified unlawful activity" means any

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

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

 9  respect to any transaction or transportation involving more

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

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

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

13  8300, or a like report under state law and has complied with

14  that reporting requirement in accordance with law.

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

16  federal law enforcement agency; the Attorney General; any

17  state attorney; or the statewide prosecutor.

18         (3)(2)  It is unlawful a felony of the second degree,

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

20  775.084, for a person:

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

22  transaction represents the proceeds of some form of unlawful

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

24  transaction which in fact involves the proceeds of specified

25  unlawful activity:

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

27  specified unlawful activity; or

28         2.  Knowing that the transaction is designed in whole

29  or in part:

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

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

                                  38

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  specified unlawful activity; or

 2         b.  To avoid a transaction reporting requirement or

 3  money transmitters' registration requirement under state law.

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

 5  instrument or funds:

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

 7  specified unlawful activity; or

 8         2.  Knowing that the monetary instrument or funds

 9  involved in the transportation represent the proceeds of some

10  form of unlawful activity and knowing that such transportation

11  is designed in whole or in part:

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

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

14  specified unlawful activity; or

15         b.  To avoid a transaction reporting requirement or

16  money transmitters' registration requirement under state law.

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

18  transaction which involves property or proceeds which an

19  investigative or law enforcement officer, or someone acting

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

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

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

23  conduct is undertaken with the intent:

24         1.  To promote the carrying on of specified unlawful

25  activity; or

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

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

28  property believed to be the proceeds of specified unlawful

29  activity; or

30         3.  To avoid a transaction reporting requirement under

31  state law.

                                  39

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

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

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

 4  in the transaction or $10,000.

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

 6  "investigative or law enforcement officer" means any officer

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

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

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

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

11  arrests for, offenses enumerated in this subsection or similar

12  federal offenses.

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

14  for any violation of this chapter that:

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

16  an undercover operative or law enforcement officer, was

17  employed.

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

19  in violation of this act was provided.

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

21  direction of a law enforcement officer, solicited a person

22  predisposed to engage in conduct in violation of any provision

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

24  to gain evidence against that person, provided such

25  solicitation would not induce an ordinary law-abiding person

26  to violate this chapter.

27

28  This subsection does not preclude the defense of entrapment.

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

30  violation involves:

31         (a)  Financial transactions exceeding $300 but less

                                  40

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

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

 3  775.083, or s. 775.084.

 4         (b)  Financial transactions totaling or exceeding

 5  $20,000 but less than $100,000 in any 12-month period, commits

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

 7  775.082, s. 775.083, or s. 775.084.

 8         (c)  Financial transactions totaling or exceeding

 9  $100,000 in any 12-month period, commits a felony of the first

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

11  775.084.

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

13  775.082, s. 775.083, or s. 775.084, a person who has been

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

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

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

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

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

19  $500,000 or quintuple the value of the financial transactions,

20  whichever is greater.

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

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

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

24  greater.

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

26  monetary instruments or funds , or appears likely to or

27  demonstrates an intent to alienate or dispose of monetary

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

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

30  unlawful activity under this section, or monetary instruments

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

                                  41

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  petitioner may commence a civil action in any circuit court

 2  having jurisdiction where such monetary instruments or funds

 3  are located or have been deposited for a temporary injunction

 4  to prohibit any person from withdrawing, transferring,

 5  removing, dissipating, or disposing of any such monetary

 6  instruments or funds of equivalent value. The temporary

 7  injunction will be obtained pursuant to Florida Civil Rule of

 8  Procedure 1.610. This section governs all temporary

 9  injunctions obtained pursuant to this section and supercedes

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

11  this section. The court shall take into account any

12  anticipated impact the temporary injunction will have on

13  innocent third parties or businesses, balanced against the

14  petitioner's need to preserve the monetary instruments or

15  funds.

16         (b)  A temporary injunction must be granted without

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

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

19  and to have the injunction dissolved.

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

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

22  opportunity for a hearing with respect to the monetary

23  instruments or funds.

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

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

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

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

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

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

30  petitioner shall immediately inform the court and the court

31  shall immediately dissolve the temporary injunction.

                                  42

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  at any time before the termination of the temporary

 3  injunction, the petitioner may:

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

 5  monetary instruments or funds and initiate a civil forfeiture

 6  action;

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

 8  monetary instruments or funds for any subsequent criminal

 9  prosecution; or

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

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

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

13  the petitioner may take either of the steps outlined in

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

15  not be granted any additional extensions.

16         (g)  Within 24 hours after a temporary order is served

17  pursuant to this section, the petitioner shall furnish to both

18  the person or entity in possession of the monetary instruments

19  and to the owner of the monetary instruments or funds, if

20  known, either by certified mail, return receipt requested, or

21  by personal service, a copy of the order entered pursuant to

22  this section and a notice that the lawful owner of the

23  monetary instruments or funds being enjoined may request a

24  hearing to contest the order entered pursuant to this section

25  by petitioning the court that issued the order. The notice

26  must also advise that the hearing will be held within 3 days

27  after the request or as soon as practicable thereafter and

28  before the expiration of the temporary order. The notice must

29  state that the hearing will be set and noticed by the person

30  against whom the order is entered.

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

                                  43

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  monetary instruments or funds being enjoined may request a

 2  hearing to contest the order entered pursuant to this section

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

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

 5  practicable thereafter and before the expiration of the

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

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

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

 9  petitioner who procured the temporary injunction pursuant to

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

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

12  consider at a hearing held pursuant to this subsection,

13  evidence and information that would be inadmissible under the

14  Florida Rules of Evidence. A proceeding under this subsection

15  is governed by the Florida Rules of Civil Procedure.

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

17  warrant authorizing the seizure of property, monetary

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

19  manner as provided for search warrants in chapter 933.

20         (b)  Any financial institution that receives a seizure

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

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

23  necessary to pay any electronic transaction presented for

24  payment where the electronic transaction was initiated prior

25  to the time the seizure order was served on the financial

26  institution.

27         (10)  Any financial institution, licensed money

28  transmitter, or other person served with and complying with

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

30  order, including any subpoena issued under the authority

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

                                  44

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  investigation of any crime in this section, including any

 2  crime listed as specified unlawful activity under this section

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

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

 5  any lawful action taken in complying with the warrant,

 6  temporary injunction, or other court order, including any

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

 8  27.04.  If any subpoena issued under the authority granted by

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

10  financial institution, licensed money transmitter, employee or

11  officer of a financial institution or licensed money

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

13  indirectly, any customer of that financial institution or

14  licensed money transmitter whose records are being sought by

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

16  the existence or the contents of that subpoena or about

17  information that has been furnished to the state attorney or

18  statewide prosecutor who issued the subpoena or other law

19  enforcement officer named in the subpoena in response to the

20  subpoena. 

21         (11)  In any prosecution brought pursuant to chapter

22  896, the common law corpus delicti rule does not apply. The

23  defendant's confession or admission is admissible during trial

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

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

26  jury that the defendant's confession or admission is

27  trustworthy. Before the court admits the defendant's

28  confession or admission, the state must prove by a

29  preponderance of the evidence that there is sufficient

30  corroborating evidence that tends to establish the

31  trustworthiness of the statement by the defendant. Hearsay

                                  45

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  evidence is admissible during the presentation of evidence at

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

 3  consider all relevant corroborating evidence, including the

 4  defendant's statements.

 5         Section 19.  Section 896.103, Florida Statutes, is

 6  amended to read:

 7         896.103  Transaction which constitutes separate

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

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

10  individual currency transaction exceeding $10,000 which is

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

12  financial transaction in violation of the provisions of s.

13  896.101(3)(2) which involves the movement of funds in excess

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

15         Section 20.  Section 896.104, Florida Statutes, is

16  created to read:

17         896.104  Structuring transactions to evade reporting or

18  registration requirements prohibited.--

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

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

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

22  conducts or attempts to conduct one or more transactions in

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

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

25  purpose of evading currency transaction reporting requirements

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

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

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

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

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

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

                                  46

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  reporting threshold at any single financial institution on any

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

 3  "structuring" provided in this subsection.

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

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

 6  registration requirements of chapter 896, chapter 655, or

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

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

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

10  that person occurs in this state:

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

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

13  or registration required under those chapters and sections or

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

15  sections;

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

17  institution in this state to file an applicable report

18  required under those chapters and sections or any rule or

19  regulation adopted under those chapters and sections which

20  contains a material omission or misstatement of fact; or

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

22  structure or assist in structuring, any financial transaction

23  with or involving one or more financial institutions in this

24  state.

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

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

27  registration requirements of chapter 896, chapter 655, or

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

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

30  state:

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

                                  47

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

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

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

 4  an applicable registration or report required under those

 5  chapters and sections which contains a material omission or

 6  misstatement of fact; or

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

 8  structure or assist in structuring, any importation or

 9  exportation of currency or monetary instruments or funds to,

10  from, or through financial institutions in this state.

11         (4)  CRIMINAL PENALTIES.--

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

13  violation involves:

14         1.  Financial transactions exceeding $300 but less than

15  $20,000 in any 12-month period, commits a felony of the third

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

17  s. 775.084.

18         2.  Financial transactions totaling or exceeding

19  $20,000 but less than $100,000 in any 12-month period, commits

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

21  775.082, s. 775.083, or s. 775.084.

22         3.  Financial transactions totaling or exceeding

23  $100,000 in any 12-month period, commits a felony of the first

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

25  s. 775.084.

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

27  775.082, s. 775.083, or s. 775.084, a person who has been

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

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

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

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

                                  48

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





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

 2  $500,000 or quintuple the value of the financial transactions,

 3  whichever is greater.

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

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

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

 7  greater.

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

 9  monetary consideration in the business of a funds transmitter

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

11  $10,000 in currency, or foreign equivalent, without being

12  registered as a money transmitter or designated as an

13  authorized vendor under the provisions of chapter 560, gives

14  rise to an inference that the transportation was done with

15  knowledge of the registration requirements of chapter 560 and

16  the reporting requirements of this chapter.

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

18  to require any new or additional reporting requirements on any

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

20         Section 21.  Section 896.105, Florida Statutes, is

21  created to read:

22         896.105  Penalty provisions not applicable to law

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

24  including those directed at reporting violations or the

25  conduct or attempted conduct of unlawful financial

26  transactions, the unlawful transportation or attempted

27  transportation of monetary instruments, and the concealment of

28  unlawful proceeds or their ownership are not applicable to law

29  enforcement officers who engage in aspects of such activity

30  for bona fide authorized undercover law enforcement purposes

31  in the course of or in relation to an active criminal

                                  49

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  investigation, active criminal intelligence gathering, or

 2  active prosecution.

 3         Section 22.  Section 896.106, Florida Statutes, is

 4  created to read:

 5         896.106  Fugitive disentitlement.--A person may not use

 6  the resources of the courts of this state in furtherance of a

 7  claim in any related civil forfeiture action or a claim in

 8  third-party proceeding in any related forfeiture action if

 9  that person purposely leaves the jurisdiction of this state or

10  the United States; declines to enter or reenter this state to

11  submit to its jurisdiction; or otherwise evades the

12  jurisdiction of the court in which a criminal case is pending

13  against the person.

14         Section 23.  Section 896.107, Florida Statutes, is

15  created to read:

16         896.107  Rewards for informants.--

17         (1)  A law enforcement agency conducting any

18  investigation of a violation of this chapter may pay a reward

19  to an individual who provides original information that leads

20  to a recovery of a criminal fine, civil penalty, or

21  forfeiture.

22         (2)  The law enforcement agency shall determine the

23  amount of a reward under this section. The law enforcement

24  agency may not pay more than the amount of reward authorized

25  for similar activity by any federal law or guideline in effect

26  at the time the information described in subsection (1) was

27  provided.

28         (3)  An officer or employee of the United States, a

29  state or local government, or a foreign government who in the

30  performance of official duties provides information described

31  in subsection (1) is not eligible for a reward under this

                                  50

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  section.

 2         (4)  Payment of a reward does not affect the

 3  admissibility of testimony in any court proceeding.

 4         Section 24.  Paragraphs (g), (h), and (i) of subsection

 5  (3) of section 921.0022, Florida Statutes, are amended to

 6  read:

 7         921.0022  Criminal Punishment Code; offense severity

 8  ranking chart.--

 9         (3)  OFFENSE SEVERITY RANKING CHART

10

11  Florida           Felony

12  Statute           Degree             Description

13

14

15                              (g)  LEVEL 7

16  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

17                              injury.

18  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

19                              bodily injury.

20  402.319(2)         2nd      Misrepresentation and negligence

21                              or intentional act resulting in

22                              great bodily harm, permanent

23                              disfiguration, permanent

24                              disability, or death.

25  409.920(2)         3rd      Medicaid provider fraud.

26  494.0018(2)        1st      Conviction of any violation of

27                              ss. 494.001-494.0077 in which the

28                              total money and property

29                              unlawfully obtained exceeded

30                              $50,000 and there were five or

31                              more victims.

                                  51

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  560.123(8)(b)1.    3rd      Failure to report currency or

 2                              payment instruments exceeding

 3                              $300 but less than $20,000 by

 4                              money transmitter.

 5  560.125(5)(a)      3rd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments exceeding

 8                              $300 but less than $20,000.

 9  655.50(10)(b)1.    3rd      Failure to report financial

10                              transactions exceeding $300 but

11                              less than $20,000 by financial

12                              institution.

13  782.051(3)         2nd      Attempted felony murder of a

14                              person by a person other than the

15                              perpetrator or the perpetrator of

16                              an attempted felony.

17  782.07(1)          2nd      Killing of a human being by the

18                              act, procurement, or culpable

19                              negligence of another

20                              (manslaughter).

21  782.071            2nd      Killing of human being or viable

22                              fetus by the operation of a motor

23                              vehicle in a reckless manner

24                              (vehicular homicide).

25  782.072            2nd      Killing of a human being by the

26                              operation of a vessel in a

27                              reckless manner (vessel

28                              homicide).

29  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

30                              causing great bodily harm or

31                              disfigurement.

                                  52

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

 2                              weapon.

 3  784.045(1)(b)      2nd      Aggravated battery; perpetrator

 4                              aware victim pregnant.

 5  784.048(4)         3rd      Aggravated stalking; violation of

 6                              injunction or court order.

 7  784.07(2)(d)       1st      Aggravated battery on law

 8                              enforcement officer.

 9  784.08(2)(a)       1st      Aggravated battery on a person 65

10                              years of age or older.

11  784.081(1)         1st      Aggravated battery on specified

12                              official or employee.

13  784.082(1)         1st      Aggravated battery by detained

14                              person on visitor or other

15                              detainee.

16  784.083(1)         1st      Aggravated battery on code

17                              inspector.

18  790.07(4)          1st      Specified weapons violation

19                              subsequent to previous conviction

20                              of s. 790.07(1) or (2).

21  790.16(1)          1st      Discharge of a machine gun under

22                              specified circumstances.

23  796.03             2nd      Procuring any person under 16

24                              years for prostitution.

25  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

26                              victim less than 12 years of age;

27                              offender less than 18 years.

28  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

29                              victim 12 years of age or older

30                              but less than 16 years; offender

31                              18 years or older.

                                  53

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  806.01(2)          2nd      Maliciously damage structure by

 2                              fire or explosive.

 3  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 4                              unarmed; no assault or battery.

 5  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

 6                              unarmed; no assault or battery.

 7  810.02(3)(d)       2nd      Burglary of occupied conveyance;

 8                              unarmed; no assault or battery.

 9  812.014(2)(a)      1st      Property stolen, valued at

10                              $100,000 or more; property stolen

11                              while causing other property

12                              damage; 1st degree grand theft.

13  812.019(2)         1st      Stolen property; initiates,

14                              organizes, plans, etc., the theft

15                              of property and traffics in

16                              stolen property.

17  812.131(2)(a)      2nd      Robbery by sudden snatching.

18  812.133(2)(b)      1st      Carjacking; no firearm, deadly

19                              weapon, or other weapon.

20  825.102(3)(b)      2nd      Neglecting an elderly person or

21                              disabled adult causing great

22                              bodily harm, disability, or

23                              disfigurement.

24  825.1025(2)        2nd      Lewd or lascivious battery upon

25                              an elderly person or disabled

26                              adult.

27  825.103(2)(b)      2nd      Exploiting an elderly person or

28                              disabled adult and property is

29                              valued at $20,000 or more, but

30                              less than $100,000.

31

                                  54

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  827.03(3)(b)       2nd      Neglect of a child causing great

 2                              bodily harm, disability, or

 3                              disfigurement.

 4  827.04(3)          3rd      Impregnation of a child under 16

 5                              years of age by person 21 years

 6                              of age or older.

 7  837.05(2)          3rd      Giving false information about

 8                              alleged capital felony to a law

 9                              enforcement officer.

10  872.06             2nd      Abuse of a dead human body.

11  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

12                              cocaine (or other drug prohibited

13                              under s. 893.03(1)(a), (1)(b),

14                              (1)(d), (2)(a), or (2)(b)) within

15                              1,000 feet of a child care

16                              facility or school.

17  893.13(1)(e)       1st      Sell, manufacture, or deliver

18                              cocaine or other drug prohibited

19                              under s. 893.03(1)(a), (1)(b),

20                              (1)(d), (2)(a), or (2)(b), within

21                              1,000 feet of property used for

22                              religious services or a specified

23                              business site.

24  893.13(4)(a)       1st      Deliver to minor cocaine (or

25                              other s. 893.03(1)(a), (1)(b),

26                              (1)(d), (2)(a), or (2)(b) drugs).

27  893.135(1)(a)1.    1st      Trafficking in cannabis, more

28                              than 50 lbs., less than 2,000

29                              lbs.

30  893.135

31   (1)(b)1.a.        1st      Trafficking in cocaine, more than

                                  55

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1                              28 grams, less than 200 grams.

 2  893.135

 3   (1)(c)1.a.        1st      Trafficking in illegal drugs,

 4                              more than 4 grams, less than 14

 5                              grams.

 6  893.135

 7   (1)(d)1.          1st      Trafficking in phencyclidine,

 8                              more than 28 grams, less than 200

 9                              grams.

10  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

11                              than 200 grams, less than 5

12                              kilograms.

13  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

14                              than 14 grams, less than 28

15                              grams.

16  893.135

17   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

18                              grams or more, less than 14

19                              grams.

20  896.101(5)(a)      3rd      Money laundering, financial

21                              transactions exceeding $300 but

22                              less than $20,000.

23  896.104(4)(a)1.    3rd      Structuring transactions to evade

24                              reporting or registration

25                              requirements, financial

26                              transactions exceeding $300 but

27                              less than $20,000.

28                              (h)  LEVEL 8

29  316.193

30   (3)(c)3.a.        2nd      DUI manslaughter.

31  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

                                  56

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  560.123(8)(b)2.    2nd      Failure to report currency or

 2                              payment instruments totaling or

 3                              exceeding $20,000, but less than

 4                              $100,000 by money transmitter.

 5  560.125(5)(b)      2nd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments totaling or

 8                              exceeding $20,000, but less than

 9                              $100,000.

10  655.50(10)(b)2.    2nd      Failure to report financial

11                              transactions totaling or

12                              exceeding $20,000, but less than

13                              $100,000 by financial

14                              institutions.

15  777.03(2)(a)       1st      Accessory after the fact, capital

16                              felony.

17  782.04(4)          2nd      Killing of human without design

18                              when engaged in act or attempt of

19                              any felony other than arson,

20                              sexual battery, robbery,

21                              burglary, kidnapping, aircraft

22                              piracy, or unlawfully discharging

23                              bomb.

24  782.051(2)         1st      Attempted felony murder while

25                              perpetrating or attempting to

26                              perpetrate a felony not

27                              enumerated in s. 782.04(3).

28  782.071(2)         1st      Committing vehicular homicide and

29                              failing to render aid or give

30                              information.

31

                                  57

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  782.072(2)         1st      Committing vessel homicide and

 2                              failing to render aid or give

 3                              information.

 4  790.161(3)         1st      Discharging a destructive device

 5                              which results in bodily harm or

 6                              property damage.

 7  794.011(5)         2nd      Sexual battery, victim 12 years

 8                              or over, offender does not use

 9                              physical force likely to cause

10                              serious injury.

11  800.04(4)          2nd      Lewd or lascivious battery.

12  806.01(1)          1st      Maliciously damage dwelling or

13                              structure by fire or explosive,

14                              believing person in structure.

15  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

16  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

17                              or dangerous weapon.

18  810.02(2)(c)       1st      Burglary of a dwelling or

19                              structure causing structural

20                              damage or $1,000 or more property

21                              damage.

22  812.13(2)(b)       1st      Robbery with a weapon.

23  812.135(2)         1st      Home-invasion robbery.

24  825.102(2)         2nd      Aggravated abuse of an elderly

25                              person or disabled adult.

26  825.103(2)(a)      1st      Exploiting an elderly person or

27                              disabled adult and property is

28                              valued at $100,000 or more.

29  837.02(2)          2nd      Perjury in official proceedings

30                              relating to prosecution of a

31                              capital felony.

                                  58

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  837.021(2)         2nd      Making contradictory statements

 2                              in official proceedings relating

 3                              to prosecution of a capital

 4                              felony.

 5  860.121(2)(c)      1st      Shooting at or throwing any

 6                              object in path of railroad

 7                              vehicle resulting in great bodily

 8                              harm.

 9  860.16             1st      Aircraft piracy.

10  893.13(1)(b)       1st      Sell or deliver in excess of 10

11                              grams of any substance specified

12                              in s. 893.03(1)(a) or (b).

13  893.13(2)(b)       1st      Purchase in excess of 10 grams of

14                              any substance specified in s.

15                              893.03(1)(a) or (b).

16  893.13(6)(c)       1st      Possess in excess of 10 grams of

17                              any substance specified in s.

18                              893.03(1)(a) or (b).

19  893.135(1)(a)2.    1st      Trafficking in cannabis, more

20                              than 2,000 lbs., less than 10,000

21                              lbs.

22  893.135

23   (1)(b)1.b.        1st      Trafficking in cocaine, more than

24                              200 grams, less than 400 grams.

25  893.135

26   (1)(c)1.b.        1st      Trafficking in illegal drugs,

27                              more than 14 grams, less than 28

28                              grams.

29  893.135

30   (1)(d)1.b.        1st      Trafficking in phencyclidine,

31                              more than 200 grams, less than

                                  59

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1                              400 grams.

 2  893.135

 3   (1)(e)1.b.        1st      Trafficking in methaqualone, more

 4                              than 5 kilograms, less than 25

 5                              kilograms.

 6  893.135

 7   (1)(f)1.b.        1st      Trafficking in amphetamine, more

 8                              than 28 grams, less than 200

 9                              grams.

10  893.135

11   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

12                              grams or more, less than 28

13                              grams.

14  895.03(1)          1st      Use or invest proceeds derived

15                              from pattern of racketeering

16                              activity.

17  895.03(2)          1st      Acquire or maintain through

18                              racketeering activity any

19                              interest in or control of any

20                              enterprise or real property.

21  895.03(3)          1st      Conduct or participate in any

22                              enterprise through pattern of

23                              racketeering activity.

24  896.101(5)(b)      2nd      Money laundering, financial

25                              transactions totaling or

26                              exceeding $20,000, but less than

27                              $100,000.

28  896.104(4)(a)2.    2nd      Structuring transactions to evade

29                              reporting or registration

30                              requirements, financial

31                              transactions totaling or

                                  60

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1                              exceeding $20,000 but less than

 2                              $100,000.

 3                              (i)  LEVEL 9

 4  316.193

 5   (3)(c)3.b.        1st      DUI manslaughter; failing to

 6                              render aid or give information.

 7  560.123(8)(b)3.    1st      Failure to report currency or

 8                              payment instruments totaling or

 9                              exceeding $100,000 by money

10                              transmitter.

11  560.125(5)(c)      1st      Money transmitter business by

12                              unauthorized person, currency, or

13                              payment instruments totaling or

14                              exceeding $100,000.

15  655.50(10)(b)3.    1st      Failure to report financial

16                              transactions totaling or

17                              exceeding $100,000 by financial

18                              institution.

19  782.04(1)          1st      Attempt, conspire, or solicit to

20                              commit premeditated murder.

21  782.04(3)          1st,PBL   Accomplice to murder in

22                              connection with arson, sexual

23                              battery, robbery, burglary, and

24                              other specified felonies.

25  782.051(1)         1st      Attempted felony murder while

26                              perpetrating or attempting to

27                              perpetrate a felony enumerated in

28                              s. 782.04(3).

29  782.07(2)          1st      Aggravated manslaughter of an

30                              elderly person or disabled adult.

31

                                  61

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

 2                              reward or as a shield or hostage.

 3  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

 4                              or facilitate commission of any

 5                              felony.

 6  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

 7                              interfere with performance of any

 8                              governmental or political

 9                              function.

10  787.02(3)(a)       1st      False imprisonment; child under

11                              age 13; perpetrator also commits

12                              aggravated child abuse, sexual

13                              battery, or lewd or lascivious

14                              battery, molestation, conduct, or

15                              exhibition.

16  790.161            1st      Attempted capital destructive

17                              device offense.

18  794.011(2)         1st      Attempted sexual battery; victim

19                              less than 12 years of age.

20  794.011(2)         Life     Sexual battery; offender younger

21                              than 18 years and commits sexual

22                              battery on a person less than 12

23                              years.

24  794.011(4)         1st      Sexual battery; victim 12 years

25                              or older, certain circumstances.

26  794.011(8)(b)      1st      Sexual battery; engage in sexual

27                              conduct with minor 12 to 18 years

28                              by person in familial or

29                              custodial authority.

30  800.04(5)(b)       1st      Lewd or lascivious molestation;

31                              victim less than 12 years;

                                  62

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1                              offender 18 years or older.

 2  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 3                              deadly weapon.

 4  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

 5                              deadly weapon.

 6  827.03(2)          1st      Aggravated child abuse.

 7  847.0145(1)        1st      Selling, or otherwise

 8                              transferring custody or control,

 9                              of a minor.

10  847.0145(2)        1st      Purchasing, or otherwise

11                              obtaining custody or control, of

12                              a minor.

13  859.01             1st      Poisoning food, drink, medicine,

14                              or water with intent to kill or

15                              injure another person.

16  893.135            1st      Attempted capital trafficking

17                              offense.

18  893.135(1)(a)3.    1st      Trafficking in cannabis, more

19                              than 10,000 lbs.

20  893.135

21   (1)(b)1.c.        1st      Trafficking in cocaine, more than

22                              400 grams, less than 150

23                              kilograms.

24  893.135

25   (1)(c)1.c.        1st      Trafficking in illegal drugs,

26                              more than 28 grams, less than 30

27                              kilograms.

28  893.135

29   (1)(d)1.c.        1st      Trafficking in phencyclidine,

30                              more than 400 grams.

31

                                  63

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  893.135

 2   (1)(e)1.c.        1st      Trafficking in methaqualone, more

 3                              than 25 kilograms.

 4  893.135

 5   (1)(f)1.c.        1st      Trafficking in amphetamine, more

 6                              than 200 grams.

 7  896.101(5)(c)      1st      Money laundering, financial

 8                              transactions totaling or

 9                              exceeding $100,000.

10  896.104(4)(a)3.    1st      Structuring transactions to evade

11                              reporting or registration

12                              requirements, financial

13                              transactions totaling or

14                              exceeding $100,000.

15         Section 25.  Section 943.032, Florida Statutes, is

16  created to read:

17         943.032  Financial Crime Analysis Center and Financial

18  Transaction Database.--

19         (1)  There is created within the Florida Department of

20  Law Enforcement a Financial Crime Analysis Center and a

21  Financial Transaction Database.

22         (2)  The department shall compile information and data

23  available from financial transaction reports required to be

24  submitted by state or federal law that are provided to the

25  Department of Banking and Finance, to the Department of

26  Revenue, or to which the department otherwise has access.

27  Information and data so received shall be utilized by the

28  department in the Financial Transaction Database.  The

29  department shall implement a system utilizing the database

30  that allows data review and processing to reveal patterns,

31  trends and correlations that are indicative of money

                                  64

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1  laundering or other financial transactions indicative of

 2  criminal activity.  The department shall, in consultation with

 3  the Department of Banking and Finance and the Department of

 4  Revenue, establish the methods and parameters by which

 5  information and data received by the Department of Banking and

 6  Finance or the Department of Revenue are transferred to the

 7  department for inclusion in the database.  Information

 8  developed in or through the use of the database shall be made

 9  available to law enforcement agencies and prosecutors in this

10  state in a manner defined by the department and as allowed by

11  state or federal law or regulation.  All information contained

12  in the database shall be considered "active criminal

13  intelligence" or "active criminal investigative information"

14  as defined in s. 119.011.

15         (3)  The Financial Crime Analysis Center shall analyze

16  and develop information relating to money laundering, perform

17  post-seizure analysis of currency and drug seizures in drug

18  cases, and access information and data in the Financial

19  Transaction Database for the purposes of assisting the

20  department's drug and money laundering investigation and

21  forfeiture efforts, assisting the efforts of law enforcement

22  agencies and prosecutors in this state in investigating

23  ongoing, organized drug trafficking and money laundering

24  activities occurring within the state, and assisting the

25  department in investigations of other financial transactions

26  indicative of criminal activity.  The center may perform

27  proactive analyses of information and intelligence to assist

28  in identifying those who may be engaging in money laundering,

29  drug-related criminal activity, or other criminal activity

30  involving financial transactions, but who have evaded

31  detection, investigation, or prosecution.

                                  65

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1         Section 26.  For fiscal year 2000-2001, 15 FTE and

 2  $1,600,000 from the State Transportation Trust Fund are

 3  appropriated to the Department of Transportation, Office of

 4  Motor Carrier Compliance, for the purpose of creating a

 5  contraband interdiction program within the Office of Motor

 6  Carrier Compliance.  The 15 FTE consists of seven certified

 7  K-9 handlers, seven felony officers, and one support staff.

 8  The teams are created to patrol major highway corridors and

 9  commercial weigh stations in order to reduce the flow of

10  illicit drugs and illegal contraband on Florida's highway

11  systems.  The department shall seek additional funding from

12  federal grants and forfeiture proceedings, and may amend its

13  budget in accordance with the provisions of chapter 216,

14  Florida Statutes.

15         Section 27.  This act shall take effect July 1, 2000.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         On page 1, line 1 - page 4, line 22,

21  remove from the title of the bill:

22

23  and insert in lieu thereof:

24         An act relating to money laundering; creating

25         s. 311.12, F.S.; providing for development and

26         implementation of a statewide seaport security

27         plan; providing for a fingerprint-based

28         criminal history check of an applicant for

29         employment and current employees at seaports;

30         providing for inspections of seaports to

31         determine compliance with minimum security

                                  66

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1         standards and report of results of inspections

 2         performed; amending s. 560.103, F.S.; limiting

 3         the definition of the term "authorized vendor"

 4         as used in the Money Transmitters' Code to

 5         businesses located in this state; creating s.

 6         560.1073, F.S.; providing criminal penalties

 7         for making or filing with the Department of

 8         Banking and Finance certain false or misleading

 9         statements or documents; amending s. 560.111,

10         F.S.; reducing the department's burden of

11         proving knowing intent to defraud; amending s.

12         560.114, F.S.; expanding the department's

13         disciplinary authority; amending s. 560.117,

14         F.S.; requiring the department to notify

15         licensees suspected of certain code violations

16         and permit such licensees to correct such

17         violations before bringing disciplinary action;

18         providing for an administrative fine; amending

19         s. 560.118, F.S.; revising requirements for

20         examinations, reports, and audits of money

21         transmitters; providing a criminal penalty for

22         violations of the section; amending s. 560.123,

23         F.S.; revising standards for graduated

24         penalties involving currency or payment

25         instruments under the Florida Control of Money

26         Laundering in Money Transmitters Act; providing

27         that the common law corpus delicti rule does

28         not apply to prosecutions under the Money

29         Transmitters' Code; providing for admissibility

30         of a defendant's confession under certain

31         circumstances; amending s. 560.125, F.S.;

                                  67

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1         providing graduated criminal penalties;

 2         increasing fines; providing for a civil

 3         penalty; 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         560.205, F.S.; requiring the submission of

 9         fingerprints by applicants for registration

10         under the Payment Instruments and Funds

11         Transmission Act; amending s. 560.211, F.S.;

12         providing a criminal penalty for failing to

13         comply with recordkeeping requirements;

14         amending s. 560.306, F.S.; providing standards

15         for qualifying for registration under the Check

16         Cashing and Foreign Currency Exchange Act;

17         amending s. 560.310, F.S; providing a criminal

18         penalty for failure to comply with

19         recordkeeping requirements; amending s. 655.50,

20         F.S.; revising standards for graduated

21         penalties involving monetary instruments under

22         the Florida Control of Money Laundering in

23         Financial Institutions Act; providing that the

24         common law corpus delicti rule does not apply

25         to prosecutions under the Money Transmitters'

26         Code; providing for admissibility of a

27         defendant's confession under certain

28         circumstances; amending s. 893.145, F.S.;

29         redefining the term "drug paraphernalia";

30         amending s. 893.147, F.S.; providing a criminal

31         penalty for transportation of drug

                                  68

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1         paraphernalia; amending s. 895.02, F.S.;

 2         expanding the definition of the term

 3         "racketeering activity"; amending s. 896.101,

 4         F.S.; redefining the terms "transaction" and

 5         "financial transaction"; defining the terms

 6         "knowing" and "petitioner"; providing that

 7         specific circumstances do not constitute a

 8         defense to a prosecution; providing for

 9         criminal penalties, fines, and civil penalties;

10         providing for injunctions; providing for

11         seizure warrants; providing for immunity from

12         liability; providing that the common law corpus

13         delicti rule does not apply to prosecutions

14         under the Money Transmitters' Code; providing

15         for admissibility of a defendant's confession

16         under certain circumstances; amending s.

17         896.103, F.S.; conforming a statutory cross

18         reference; creating ss. 896.104, 896.105,

19         896.106, and 896.107, F.S.; providing

20         definitions; providing criminal penalties for

21         evading reporting or registration requirements

22         in specific financial transactions; providing

23         exceptions for undercover law enforcement

24         purposes; providing for fugitive

25         disentitlement; providing for informant

26         rewards; amending s. 921.0022, F.S.; adding

27         specified monetary transactions to the Criminal

28         Punishment Code offense severity ranking chart;

29         creating s. 943.032, F.S.; creating the

30         Financial Crimes Analysis Center and Financial

31         Transaction Database within the Florida

                                  69

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                                                   HOUSE AMENDMENT

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

    Amendment No. 1 (for drafter's use only)





 1         Department of Law Enforcement; providing

 2         requirements; providing for 15 FTE and

 3         $1,600,000 the from State Transportation Fund

 4         to the Department of Transportation, Office of

 5         Motor Carrier Compliance, to create contraband

 6         interdiction teams; specifying composition of

 7         FTE positions; specifying purpose of contraband

 8         interdiction teams; requiring the Department of

 9         Transportation to seek additional funding from

10         federal grants and forfeiture proceedings;

11         authorizing the Department of Transportation to

12         amend its budget; providing an effective date.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  70

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