Senate Bill 1258
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Florida Senate - 2000 SB 1258
By the Committee on Criminal Justice
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1 A bill to be entitled
2 An act relating to money laundering; creating
3 s. 311.12, F.S.; providing for minimum
4 standards for seaport security; amending s.
5 560.103, F.S.; limiting the definition of the
6 term "authorized vendor" as used in the money
7 transmitters' code to businesses located in
8 this state; creating s. 560.1073, F.S.;
9 providing criminal penalties for making or
10 filing with the department certain false or
11 misleading statements or documents; amending s.
12 560.111, F.S.; reducing the department's burden
13 of proving willful and knowing intent to
14 defraud; amending s. 560.114, F.S.; expanding
15 the department's disciplinary authority and
16 subjecting a money transmitter authorized
17 vendor to that authority; amending s. 560.117,
18 F.S.; permitting the department to bring
19 disciplinary action against a money transmitter
20 after a violation has been corrected; providing
21 for an administrative fine; amending s.
22 560.118, F.S.; revising requirements for
23 examinations, reports, and audits of money
24 transmitters; providing a criminal penalty for
25 violations of the section; amending s. 560.123,
26 F.S.; revising standards for graduated
27 penalties involving currency or payment
28 instruments under the Florida Control of Money
29 Laundering in Money Transmitters Act; providing
30 that the common law corpus delicti rule does
31 not apply to prosecutions under the Money
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1 Transmitters' Code; amending s. 560.125, F.S.;
2 providing graduated criminal penalties;
3 increasing fines; providing for a civil
4 penalty; amending s. 560.205, F.S.; requiring
5 the submission of fingerprints by applicants
6 for registration under the Payment Instruments
7 and Funds Transmission Act; amending s.
8 560.211, F.S.; providing a criminal penalty for
9 failing to comply with recordkeeping
10 requirements; amending s. 560.306, F.S.;
11 providing standards for qualifying for
12 registration under the Check Cashing and
13 Foreign Currency Exchange Act; amending s.
14 560.310, F.S; providing a criminal penalty for
15 failure to comply with recordkeeping
16 requirements; amending s. 655.50, F.S.;
17 revising standards for graduated penalties
18 involving monetary instruments under the
19 Florida Control of Money Laundering in
20 Financial Institutions Act; amending s.
21 893.145, F.S.; redefining the term "drug
22 paraphernalia"; amending s. 893.147, F.S.;
23 providing a criminal penalty for transportation
24 of drug paraphernalia; amending s. 895.02,
25 F.S.; expanding the definition of the term
26 "racketeering activity"; amending s. 896.101,
27 F.S.; redefining the terms "transaction" and
28 "financial transaction"; defining the terms
29 "knowing" and "petitioner"; providing that
30 specific circumstances do not constitute a
31 defense to a prosecution; providing for
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1 criminal penalties, fines, and civil penalties;
2 providing for injunctions; providing for
3 seizure warrants; providing for immunity from
4 liability; amending s. 896.103, F.S.;
5 conforming a statutory cross-reference;
6 creating ss. 896.104, 896.105, 896.106,
7 896.107, F.S.; providing criminal penalties for
8 evading reporting or registration requirements
9 in specific financial transactions; providing
10 exceptions for undercover law enforcement
11 purposes; providing for fugitive
12 disentitlement; providing for informant
13 rewards; amending s. 921.0022, F.S.; adding
14 specified monetary transactions to the Criminal
15 Punishment Code; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Section 311.12, Florida Statutes, is
20 created to read:
21 311.12 Seaport security.--
22 (1) The Florida Seaport Transportation and Economic
23 Development Council, in conjunction with the Florida
24 Department of Law Enforcement, shall develop, by January 1,
25 2001, uniform statewide minimum security standards for the
26 prevention of criminal activity, including money laundering in
27 all Florida seaports represented on the Florida Seaport
28 Transportation and Economic Development Council. Minimum
29 standards must include:
30 (a) Perimeter security fencing with controlled access.
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1 (b) Interior fencing, whenever practical, to enclose
2 areas around restricted cargo areas and buildings.
3 (c) Gates and gatehouses located at all perimeter and
4 interior access points to control access to restricted areas.
5 (d) Lighting sufficient to adequately illuminate
6 terminal operations and cargo areas.
7 (e) Signs designating restricted areas.
8 (f) Securely controlled parking access.
9 (g) Closed circuit television cameras in sensitive
10 security areas.
11 (h) The use of qualified, professional security
12 personnel.
13 (i) An identification system to control port access to
14 strategic work and cargo storage areas.
15 (j) Background checks for all personnel working in
16 sensitive areas.
17 (2) The affected ports shall implement the security
18 standards developed under this section by July 1, 2001. The
19 Florida Department of Law Enforcement must certify compliance
20 with the minimum security standards for each affected port.
21 Section 2. Subsection (2) of section 560.103, Florida
22 Statutes, is amended to read:
23 560.103 Definitions.--As used in the code, unless the
24 context otherwise requires:
25 (2) "Authorized vendor" means a person designated by a
26 registrant to engage in the business of a money transmitter on
27 behalf of the registrant at designated locations in this state
28 pursuant to a written contract with the registrant.
29 Section 3. Section 560.1073, Florida Statutes, is
30 created to read:
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1 560.1073 False or misleading statements or supporting
2 documents; penalty.--Any person who, personally or otherwise,
3 files with the department, or signs as the duly authorized
4 representative for filing with the department, any financial
5 statement or any document in support thereof which is required
6 by law or rule with intent to deceive and with knowledge that
7 the statement or document is materially false or materially
8 misleading, commits a felony of the third degree, punishable
9 as provided in s. 775.082, s. 775.083, or s. 775.084.
10 Section 4. Subsection (1) of section 560.111, Florida
11 Statutes, is amended to read:
12 560.111 Prohibited acts and practices.--
13 (1) It is unlawful for any money transmitter or money
14 transmitter-affiliated party to:
15 (a) Knowingly Receive or possess itself of any
16 property otherwise than in payment of a just demand, and, with
17 intent to deceive or defraud, to omit to make or cause to be
18 made a full and true entry thereof in its books and accounts,
19 or to concur in omitting to make any material entry thereof;
20 (b) Embezzle, abstract, or misapply any money,
21 property, or thing of value of the money transmitter or
22 authorized vendor with intent to deceive or defraud such money
23 transmitter or authorized vendor;
24 (c) Make any false entry in any book, report, or
25 statement of such money transmitter or authorized vendor with
26 intent to deceive or defraud such money transmitter,
27 authorized vendor, or another person, or with intent to
28 deceive the department, any other state or federal appropriate
29 regulatory agency, or any authorized representative appointed
30 to examine or investigate the affairs of such money
31 transmitter or authorized vendor;
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1 (d) Engage in an act that violates 18 U.S.C. s. 1956,
2 31 U.S.C. s. 5324, or any other law, rule, or regulation of
3 another state or of the United States relating to the business
4 of money transmission or usury which may cause the denial or
5 revocation of a money transmitter license or registration in
6 such jurisdiction;
7 (e) Deliver or disclose to the department or any of
8 its employees any examination report, report of condition,
9 report of income and dividends, audit, account, statement, or
10 document known by it to be fraudulent or false as to any
11 material matter; or
12 (f) Knowingly Place among the assets of such money
13 transmitter or authorized vendor any note, obligation, or
14 security that the money transmitter or authorized vendor does
15 not own or that to the person's knowledge is fraudulent or
16 otherwise worthless, or for any such person to represent to
17 the department that any note, obligation, or security carried
18 as an asset of such money transmitter or authorized vendor is
19 the property of the money transmitter or authorized vendor and
20 is genuine if it is known to such person that such
21 representation is false or that such note, obligation, or
22 security is fraudulent or otherwise worthless.
23 Section 5. Section 560.114, Florida Statutes, is
24 amended to read:
25 560.114 Disciplinary actions.--
26 (1) The following actions by a money transmitter, a
27 money transmitter authorized vendor, or a money
28 transmitter-affiliated party are violations of the code and
29 constitute grounds for the issuance of a cease and desist
30 order, the issuance of a removal order, the denial of a
31 registration application or the suspension or revocation of
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1 any registration previously issued pursuant to the code, or
2 the taking of any other action within the authority of the
3 department pursuant to the code:
4 (a) Knowing Failure to comply with any provision of
5 the code, any rule or order adopted pursuant thereto, or any
6 written agreement entered into with the department.
7 (b) Fraud, misrepresentation, deceit, or gross
8 negligence in any transaction involving money transmission,
9 regardless of reliance thereon by, or damage to, a money
10 transmitter customer.
11 (c) Fraudulent misrepresentation, circumvention, or
12 concealment of any matter required to be stated or furnished
13 to a money transmitter customer pursuant to the code,
14 regardless of reliance thereon by, or damage to, such
15 customer.
16 (d) False, deceptive, or misleading advertising by a
17 money transmitter or authorized vendor.
18 (e) Failure to maintain, preserve, and keep available
19 for examination all books, accounts, or other documents
20 required by the code, by any rule or order adopted pursuant to
21 the code, or by any agreement entered into with the
22 department.
23 (f) Any fact or condition that exists that, if it had
24 existed or had been known to exist at the time the money
25 transmitter applied for registration, would have been grounds
26 for denial of registration.
27 (f)(g) A willful Refusal to permit the examination or
28 inspection of books and records in an investigation or
29 examination by the department, pursuant to the provisions of
30 the code, or to comply with a subpoena issued by the
31 department.
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1 (g)(h) Failure of the money transmitter or authorized
2 vendor to pay a judgment recovered in any court in this state
3 by a claimant in an action arising out of a money transmission
4 transaction within 30 days after the judgment becomes final.
5 (h)(i) Engaging in an a prohibited act or practice
6 proscribed by s. 560.111.
7 (i)(j) Insolvency or operating in an unsafe and
8 unsound manner.
9 (j)(k) Failure by a money transmitter to remove a
10 money transmitter-affiliated party after the department has
11 issued and served upon the money transmitter a final order
12 setting forth a finding that the money transmitter-affiliated
13 party has knowingly violated any provision of the code.
14 (2) In addition to the acts specified in subsection
15 (1), the following acts are grounds for denial of registration
16 or for revocation, suspension, or restriction of registration
17 previously granted:
18 (k)(a) Making any A material misstatement or
19 misrepresentation or committing any fraud of fact in an
20 initial or renewal application for registration.
21 (l)(b) Committing any act resulting in Having an
22 application for registration, or a registration or its
23 equivalent, to practice any profession or occupation being
24 denied, suspended, revoked, or otherwise acted against by a
25 registering authority in any jurisdiction or a finding by an
26 appropriate regulatory body of engaging in unlicensed activity
27 within any jurisdiction for fraud or dishonest dealing.
28 (m)(c) Committing any act resulting in Having a
29 registration or its equivalent, or an application for
30 registration, to practice any profession or occupation being
31 denied, suspended, or otherwise acted against by a registering
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1 authority in any jurisdiction for a violation of 18 U.S.C. s.
2 1956, 31 U.S.C. s. 5324, or any other law, rule, or regulation
3 of another state or of the United States relating to the
4 business of money transmission or usury which may cause the
5 denial or revocation of a money transmitter license or
6 registration in such jurisdiction.
7 (n)(d) Having been convicted of or found guilty of, or
8 having pleaded guilty or nolo contendere to, any felony or
9 crime punishable by imprisonment of 1 year or more under the
10 law of any state or of the United States which involves a
11 crime involving fraud, moral turpitude, or dishonest dealing,
12 without regard to whether a judgment of conviction has been
13 entered by the court.
14 (o)(e) Having been convicted of or found guilty of, or
15 having pleaded guilty or nolo contendere to, a crime under 18
16 U.S.C. s. 1956 or 31 U.S.C. s. 5324, without regard to whether
17 a judgment of conviction has been entered by the court.
18 (p) Having been convicted of or found guilty of or
19 having pleaded guilty or nolo contendere to misappropriation,
20 conversion, or unlawful withholding of moneys that belong to
21 others and were received in the conduct of the business of the
22 money transmitter.
23 (q) Failure to inform the department in writing within
24 15 days after pleading guilty or nolo contendere to, or being
25 convicted or found guilty of, any felony or crime punishable
26 by imprisonment of 1 year or more under the law of any state
27 or of the United States, or of any crime involving fraud,
28 moral turpitude, or dishonest dealing, without regard to
29 whether a judgment of conviction has been entered by the
30 court.
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1 (r) Aiding, assisting, procuring, advising, or
2 abetting any person in violating a provision of this code or
3 any order or rule of the department.
4 (s) Failure to timely pay any fee, charge, or fine
5 under the code.
6 (t) Failure to timely pay any judgment entered by any
7 court.
8 (u) Engaging or holding oneself out to be engaged in
9 the business of a money transmitter without the proper
10 registration.
11 (v)(f) Any action that would be grounds for denial of
12 a registration or for revocation, suspension, or restriction
13 of a registration previously granted under part III of this
14 chapter.
15 (2) The department may issue a cease and desist order
16 or removal order, suspend or revoke any previously issued
17 registration, or take any other action within the authority of
18 the department against a money transmitter based on any fact
19 or condition that exists and that, if it had existed or been
20 known to exist at the time the money transmitter applied for
21 registration, would have been grounds for denial of
22 registration.
23 (3) Each money transmitter is responsible for any act
24 of its authorized vendors if the money transmitter should have
25 known of the act or, if the money transmitter has actual
26 knowledge that such act is a violation of the code and the
27 money transmitter willfully allowed such act to continue. Such
28 responsibility is limited to conduct engaged in by the
29 authorized vendor pursuant to the authority granted to it by
30 the money transmitter.
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1 (4) If a registration granted under this code expires
2 or is surrendered by the registrant during the pendency of an
3 administrative action under this code, the proceeding may
4 continue as if the registration were still in effect.
5 Section 6. Section 560.117, Florida Statutes, is
6 amended to read:
7 560.117 Administrative fines; enforcement.--
8 (1) The department may, by complaint, initiate a
9 proceeding pursuant to chapter 120 to impose an administrative
10 fine against any person found to have violated any provision
11 of the code or a cease and desist order of the department or
12 any written agreement with the department. However, the
13 department shall give notice, in writing, if it suspects that
14 the licensee has violated any of the following provisions of
15 the code and shall give the licensee 15 days within which to
16 correct the violation before bringing disciplinary action
17 under the code:
18 (a) Failure to timely pay any fee, charge, or fine
19 under the code;
20 (b) Failure to timely pay any judgment entered by any
21 court;
22 (c) Failure to timely notify the department of a
23 change of control of a money transmitter; or
24 (d) Failure to timely notify the department of any
25 change of address or fictitious name. No such proceeding shall
26 be initiated and no fine shall accrue pursuant to this section
27 until after such person has been notified in writing of the
28 nature of the violation and has been afforded a reasonable
29 period of time, as set forth in the notice, to correct the
30 violation and has failed to do so.
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1 Except as provided in this section, such fine may not exceed
2 $100 a day for each violation. The department may excuse any
3 such fine with a showing of good cause by the person being
4 fined.
5 (2) If the department finds that one or more grounds
6 exist for the suspension, revocation, or refusal to renew or
7 continue a license or registration issued under this chapter,
8 the department may, in addition to or in lieu of suspension,
9 revocation, or refusal to renew or continue a license or
10 registration, impose a fine in an amount up to $10,000 for
11 each violation of this chapter.
12 (3)(2) Notwithstanding any other provision of this
13 section, the department may impose a fine not to exceed $1,000
14 per day for each day that a person violates the code by
15 engaging in the business of a money transmitter without being
16 registered.
17 (4)(3) Any administrative fine levied by the
18 department may be enforced by the department by appropriate
19 proceedings in the circuit court of the county in which such
20 person resides or maintains a principal office. In any
21 administrative or judicial proceeding arising under this
22 section, a party may elect to correct the violation asserted
23 by the department and, upon the party's doing so, any fine
24 ceases to accrue; however, an election to correct the
25 violation does not render moot any administrative or judicial
26 proceeding.
27 Section 7. Section 560.118, Florida Statutes, is
28 amended to read:
29 560.118 Examinations, reports, and internal audits;
30 penalty.--
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1 (1)(a) The department may conduct an examination of a
2 money transmitter or authorized vendor by providing not less
3 than 15 days' advance notice to the money transmitter or
4 authorized vendor. However, if the department suspects that
5 the money transmitter or authorized vendor has violated any
6 provisions of this code or any criminal laws of this state or
7 of the United States or is engaging in an unsafe and unsound
8 practice, the department may, at any time without advance
9 notice, conduct an examination of all affairs, activities,
10 transactions, accounts, business records, and assets of any
11 money transmitter or any money transmitter-affiliated party as
12 often as necessary for the protection of the public. For the
13 purpose of examinations, the department may administer oaths
14 and examine the directors, officers, principal shareholders,
15 employees, and vendors of a money transmitter or any of its
16 affiliated parties concerning their operations and business
17 activities and affairs.; however, whenever the department has
18 reason to believe that a money transmitter or authorized
19 vendor is engaging in an unsafe and unsound practice, or has
20 violated or is violating any provision of the code, the
21 department may make an examination of such money transmitter
22 or authorized vendor without providing advance notice. The
23 department may accept an audit or examination from any
24 appropriate regulatory agency or from an independent third
25 party with respect to the operations of a money transmitter or
26 an authorized vendor. The department may also make a joint or
27 concurrent examination with any state or federal appropriate
28 regulatory agency. The department may furnish a copy of all
29 examinations made of such money transmitter or authorized
30 vendor to the money transmitter and any appropriate regulatory
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1 agency provided that such agency agrees to abide by the
2 confidentiality provisions as set forth in chapter 119.
3 (b) Persons subject to this chapter who are examined,
4 and their officers, attorneys, employees, vendors, and
5 representatives, shall make available to the department or its
6 examiners the accounts, records, documents, files,
7 information, assets, and matters which are in their possession
8 or control and which relate to the subject of the examination.
9 (c)(b) The department may require an examination or
10 audit of a money transmitter required under this section may
11 be performed or authorized vendor by an independent third
12 party that has been approved by the department or by a
13 certified public accountant authorized to do business in the
14 United States. The examination of a money transmitter or
15 authorized vendor required under this section may be performed
16 by an independent third party that has been approved by the
17 department or by a certified public accountant authorized to
18 do business in the United States. The cost of such an
19 independent examination or audit shall be directly borne by
20 the money transmitter or authorized vendor.
21 (d)(c) The department may recover the costs of a
22 regular examination and supervision of a money transmitter or
23 authorized vendor; however, the department may not recover the
24 costs of more than one examination in any 12-month period
25 unless the department has determined that the money
26 transmitter or authorized vendor is operating in an unsafe or
27 unsound or unlawful manner.
28 (e)(d) The department may, by rule, set a maximum
29 per-day examination cost for a regular examination. Such
30 per-day cost may be less than that required to fully
31 compensate the department for costs associated with the
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1 examination. For the purposes of this section, "costs" means
2 the salary and travel expenses directly attributable to the
3 field staff examining the money transmitter or authorized
4 vendor, and the travel expenses of any supervisory staff
5 required as a result of examination findings. Reimbursement
6 for such costs incurred under this subsection must be
7 postmarked no later than 30 days after the date of receipt of
8 a notice stating that such costs are due. The department may
9 levy a late payment penalty of up to $100 per day or part
10 thereof that a payment is overdue, unless the late payment
11 penalty is excused for good cause. In excusing any such late
12 payment penalty, the department may consider the prior payment
13 history of the money transmitter or authorized vendor.
14 (2)(a) Annual financial reports that are required to
15 be filed under the code or any rules adopted thereunder must
16 be audited by an independent third party that has been
17 approved by the department or by a certified public accountant
18 authorized to do business in the United States. The money
19 transmitter or authorized vendor shall directly bear the cost
20 of the audit. This paragraph does not apply to any seller of
21 payment instruments who can prove to the satisfaction of the
22 department that it has a combined total of fewer than 50
23 employees and authorized vendors or that its annual payment
24 instruments issued from its activities as a payment instrument
25 seller are less than $200,000.
26 (b)(a) The department may, by rule, require each money
27 transmitter or authorized vendor to submit quarterly reports
28 to the department. The department may require that each report
29 contain a declaration by an officer, or any other responsible
30 person authorized to make such declaration, that the report is
31 true and correct to the best of her or his knowledge and
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1 belief. Such report must include such information as the
2 department by rule requires for that type of money
3 transmitter.
4 (c)(b) The department may levy an administrative fine
5 of up to $100 per day for each day the report is past due,
6 unless it is excused for good cause. In excusing any such
7 administrative fine, the department may consider the prior
8 payment history of the money transmitter or authorized vendor.
9 (3) Any person who violates this section or fails to
10 comply with any lawful written demand or order of the
11 department made under this section commits a felony of the
12 third degree, punishable as provided in s. 775.082, s.
13 775.083, or s. 775.084.
14 Section 8. Subsection (8) of section 560.123, Florida
15 Statutes, is amended and subsection (9) is added to that
16 section to read:
17 560.123 Florida control of money laundering in the
18 Money Transmitters' Code; reports of transactions involving
19 currency or monetary instruments; when required; purpose;
20 definitions; penalties.--
21 (8)(a) Except as provided in paragraph (b), a person
22 who willfully violates any provision of this section or
23 chapter 896 commits a misdemeanor of the first degree,
24 punishable as provided in s. 775.082 or s. 775.083.
25 (b) A person who willfully violates any provision of
26 this section or chapter 896, if the violation involves is:
27 1. Currency or payment instruments Committed in
28 furtherance of the commission of any other violation of any
29 law of this state or committed as part of a pattern of illegal
30 activity involving financial transactions exceeding $300 but
31 less than $20,000 in any 12-month period, commits a felony of
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1 the third degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 2. Currency or payment instruments totaling Committed
4 as part of a pattern of illegal activity involving financial
5 transactions exceeding $20,000 but less than $100,000 in any
6 12-month period, commits a felony of the second degree,
7 punishable as provided in s. 775.082, s. 775.083, or s.
8 775.084.
9 3. Currency or payment instruments totaling or
10 Committed as part of a pattern of illegal activity involving
11 financial transactions exceeding $100,000 in any 12-month
12 period, commits a felony of the first degree, punishable as
13 provided in s. 775.082, s. 775.083, or s. 775.084.
14 (b)(c) In addition to the penalties otherwise
15 authorized by s. 775.082, s. 775.083, or s. 775.084, a person
16 who has been convicted of or who has pleaded guilty or nolo
17 contendere to having violated paragraph (a)(b) may be
18 sentenced to pay a fine not exceeding $250,000 or twice the
19 value of the currency or payment instruments financial
20 transaction, whichever is greater, except that on a second or
21 subsequent conviction for or plea of guilty or nolo contendere
22 to a violation of paragraph (a)(b), the fine may be up to
23 $500,000 or quintuple the value of the currency or payment
24 instruments financial transaction, whichever is greater.
25 (c)(d) A person who willfully violates this section or
26 chapter 896 is also liable for a civil penalty of not more
27 than the greater of the value of the currency or payment
28 instruments financial transaction involved or $25,000.
29 However, such civil penalty shall not exceed $100,000.
30 (9) In any prosecution brought pursuant to this
31 section, the common law corpus delicti rule does not apply.
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1 Section 9. Section 560.125, Florida Statutes, is
2 amended to read:
3 560.125 Money transmitter business by unauthorized
4 persons; penalties.--
5 (1) A person other than a registered money transmitter
6 or authorized vendor may not, in whole or in part, engage in
7 the business of a money transmitter in this state unless the
8 person is exempted from the registration requirements of the
9 code.
10 (2) No person shall act as a vendor of a money
11 transmitter when such money transmitter is subject to
12 registration under the code but has not registered. Any such
13 person becomes the principal thereof, and no longer merely
14 acts as a vendor, and such person is liable to the holder or
15 remitter as a principal money transmitter.
16 (3) Any person whose substantial interests are
17 affected by a proceeding brought by the department pursuant to
18 the code may, pursuant to s. 560.113, petition any court to
19 enjoin the person or activity that is the subject of the
20 proceeding from violating any of the provisions of this
21 section. For the purpose of this subsection, any money
22 transmitter registered pursuant to the code, any person
23 residing in this state, and any person whose principal place
24 of business is in this state are presumed to be substantially
25 affected. In addition, the interests of a trade organization
26 or association are deemed substantially affected if the
27 interests of any of its members are so affected.
28 (4) Any person who violates the provisions of this
29 section commits a felony of the third degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084. The
31 department may issue and serve upon any person who violates
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1 any of the provisions of this section a complaint seeking a
2 cease and desist order in accordance with the procedures and
3 in the manner prescribed by s. 560.112. The department may
4 also impose an administrative fine pursuant to s. 560.117(3)
5 s. 560.117(2) against any person who violates any of the
6 provisions of this section.
7 (5) A person who violates this section, if the
8 violation involves:
9 (a) Currency or payment instruments exceeding $300 but
10 less than $20,000 in any 12-month period, commits a felony of
11 the third degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084.
13 (b) Currency or payment instruments totaling $20,000
14 but less than $100,000 in any 12-month period, commits a
15 felony of the second degree, punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084.
17 (c) Currency or payment instruments totaling or
18 exceeding $100,000 in any 12-month period, commits a felony of
19 the first degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084.
21 (6) In addition to the penalties authorized by s.
22 775.082, s. 775.083, or s. 775.084, a person who has been
23 found guilty of or who has pleaded guilty or nolo contendere
24 to having violated this section may be sentenced to pay a fine
25 not exceeding $250,000 or twice the value of the currency or
26 payment instruments, whichever is greater, except that on a
27 second or subsequent violation of this section, the fine may
28 be up to $500,000 or quintuple the value of the currency or
29 payment instruments, whichever is greater.
30 (7) A person who violates this section is also liable
31 for a civil penalty of not more than the value of the currency
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1 or payment instruments involved or $25,000, whichever is
2 greater.
3 (8) In any prosecution brought pursuant to this
4 section, the common law corpus delicti rule does not apply.
5 Section 10. Section 560.205, Florida Statutes, is
6 amended to read:
7 560.205 Qualifications of applicant for registration;
8 contents.--
9 (1) To qualify for registration under this part, an
10 applicant must demonstrate to the department such character
11 and general fitness as to command the confidence of the public
12 and warrant the belief that the registered business will be
13 operated lawfully and fairly. The department may investigate
14 each applicant to ascertain whether the qualifications and
15 requirements prescribed by this part have been met. The
16 department's investigation may include an extensive criminal
17 background investigation of all controlling shareholders,
18 principals, officers, directors, members, and responsible
19 persons of a funds transmitter and a payment instrument issuer
20 and all persons designated by a funds transmitter or payment
21 instrument issuer as an authorized vendor. Each controlling
22 shareholder, principal, officer, director, member, and
23 responsible person of a funds transmitter or payment
24 instrument issuer, and each authorized vendor thereof, unless
25 the applicant is a publicly traded corporation, a subsidiary
26 thereof, or a subsidiary of a bank or bank holding company,
27 shall file a complete set of fingerprints taken by an
28 authorized law enforcement officer. Such fingerprints must be
29 submitted to the Department of Law Enforcement or the Federal
30 Bureau of Investigation for state and federal processing. The
31 department may waive by rule the requirement that applicants
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1 file a set of fingerprints or the requirement that such
2 fingerprints be processed by the Department of Law Enforcement
3 or the Federal Bureau of Investigation.
4 (2) Each application for registration must be
5 submitted under oath to the department on such forms as the
6 department prescribes by rule and must be accompanied by a
7 nonrefundable investigation fee. Such fee may not exceed $500
8 and may be waived by the department for just cause. The
9 application forms shall set forth such information as the
10 department reasonably requires, including, but not limited to:
11 (a) The name and address of the applicant, including
12 any fictitious or trade names used by the applicant in the
13 conduct of its business.
14 (b) The history of the applicant's material
15 litigation, criminal convictions, pleas of nolo contendere,
16 and cases of adjudication withheld.
17 (c) A description of the activities conducted by the
18 applicant, the applicant's history of operations, and the
19 business activities in which the applicant seeks to engage in
20 this state.
21 (d) A list identifying the applicant's proposed
22 authorized vendors in this state, including the location or
23 locations in this state at which the applicant and its
24 authorized vendors propose to conduct registered activities.
25 (e) A sample authorized vendor contract, if
26 applicable.
27 (f) A sample form of payment instrument, if
28 applicable.
29 (g) The name and address of the clearing financial
30 institution or financial institutions through which the
31
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1 applicant's payment instruments will be drawn or through which
2 such payment instruments will be payable.
3 (h) Documents revealing that the net worth and bonding
4 requirements specified in s. 560.209 have been or will be
5 fulfilled.
6 (3) Each application for registration by an applicant
7 that is a corporation shall also set forth such information as
8 the department reasonably requires, including, but not limited
9 to:
10 (a) The date of the applicant's incorporation and
11 state of incorporation.
12 (b) A certificate of good standing from the state or
13 country in which the applicant was incorporated.
14 (c) A description of the corporate structure of the
15 applicant, including the identity of any parent or subsidiary
16 of the applicant, and the disclosure of whether any parent or
17 subsidiary is publicly traded on any stock exchange.
18 (d) The name, business and residence addresses, and
19 employment history for the past 5 years for each executive
20 officer, each director, each controlling shareholder, and the
21 responsible person who will be in charge of all the
22 applicant's business activities in this state.
23 (e) The history of material litigation and criminal
24 convictions, pleas of nolo contendere, and cases of
25 adjudication withheld for each executive officer, each
26 director, each controlling shareholder, and the responsible
27 person who will be in charge of the applicant's registered
28 activities.
29 (f) Copies of the applicant's audited financial
30 statements for the current year and, if available, for the
31 immediately preceding 2-year period. In cases where the
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1 applicant is a wholly owned subsidiary of another corporation,
2 the parent's consolidated audited financial statements may be
3 submitted to satisfy this requirement. An applicant who is not
4 required to file audited financial statements may satisfy this
5 requirement by filing unaudited financial statements verified
6 under penalty of perjury, as provided by the department by
7 rule.
8 (g) An applicant who is not required to file audited
9 financial statements may file copies of the applicant's
10 unconsolidated, unaudited financial statements for the current
11 year and, if available, for the immediately preceding 2-year
12 period.
13 (h) If the applicant is a publicly traded company,
14 copies of all filings made by the applicant with the United
15 States Securities and Exchange Commission, or with a similar
16 regulator in a country other than the United States, within
17 the year preceding the date of filing of the application.
18 (4) Each application for registration submitted to the
19 department by an applicant that is not a corporation shall
20 also set forth such information as the department reasonably
21 requires, including, but not limited to:
22 (a) Evidence that the applicant is registered to do
23 business in this state.
24 (b) The name, business and residence addresses,
25 personal financial statement and employment history for the
26 past 5 years for each individual having a controlling
27 ownership interest in the applicant, and each responsible
28 person who will be in charge of the applicant's registered
29 activities.
30 (c) The history of material litigation and criminal
31 convictions, pleas of nolo contendere, and cases of
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1 adjudication withheld for each individual having a controlling
2 ownership interest in the applicant and each responsible
3 person who will be in charge of the applicant's registered
4 activities.
5 (d) Copies of the applicant's audited financial
6 statements for the current year, and, if available, for the
7 preceding 2 years. An The applicant who is not required to
8 file audited financial statements may satisfy this requirement
9 by filing unaudited financial statements verified under
10 penalty of perjury, as provided by the department by rule.
11 (5) Each applicant shall designate and maintain an
12 agent in this state for service of process.
13 Section 11. Subsection (5) is added to section
14 560.211, Florida Statutes, to read:
15 560.211 Records.--
16 (5) Any person who fails to comply with this section
17 commits a felony of the third degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084.
19 Section 12. Section 560.306, Florida Statutes, is
20 amended to read:
21 560.306 Standards.--
22 (1) In order to qualify for registration under this
23 part, an applicant must demonstrate to the department that he
24 or she has such character and general fitness as will command
25 the confidence of the public and warrant the belief that the
26 registered business will be operated lawfully and fairly. The
27 department may investigate each applicant to ascertain whether
28 the qualifications and requirements prescribed by this part
29 have been met. The department's investigation may include an
30 extensive criminal background investigation of all controlling
31 shareholders, principals, officers, directors, members, and
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1 responsible persons of a check casher and a foreign currency
2 exchanger and all persons designated by a foreign currency
3 exchanger or check casher as an authorized vendor. Each
4 controlling shareholder, principal, officer, director,
5 members, and responsible person of a check casher or foreign
6 currency exchanger, and each authorized vendor thereof, unless
7 the applicant is a publicly traded corporation, a subsidiary
8 thereof, or a subsidiary of a bank or bank holding company,
9 shall file a complete set of fingerprints taken by an
10 authorized law enforcement officer. Such fingerprints must be
11 submitted to the Department of Law Enforcement or the Federal
12 Bureau of Investigation for state and federal processing. The
13 department may waive by rule the requirement that applicants
14 file a set of fingerprints or the requirement that such
15 fingerprints be processed by the Department of Law Enforcement
16 or the Federal Bureau of Investigation.
17 (2)(1) The department may deny registration if it
18 finds that the applicant, or any money transmitter-affiliated
19 party of the applicant, has been convicted of a crime felony
20 involving moral turpitude in any jurisdiction or of a crime
21 which, if committed in this state, would constitute a crime
22 felony involving moral turpitude under the laws of this state.
23 For the purposes of this part, a person shall be deemed to
24 have been convicted of a crime if such person has either
25 pleaded guilty to or been found guilty of a charge before a
26 court or federal magistrate, or by the verdict of a jury,
27 irrespective of the pronouncement of sentence or the
28 suspension thereof. The department may take into consideration
29 the fact that such plea of guilty, or such decision, judgment,
30 or verdict, has been set aside, reversed, or otherwise
31 abrogated by lawful judicial process or that the person
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1 convicted of the crime received a pardon from the jurisdiction
2 where the conviction was entered or received a certificate
3 pursuant to any provision of law which removes the disability
4 under this part because of such conviction.
5 (3)(2) The department may deny an initial application
6 for registration if the applicant or money
7 transmitter-affiliated party of the applicant is the subject
8 of a pending criminal prosecution or governmental enforcement
9 action, in any jurisdiction, until the conclusion of such
10 criminal prosecution or enforcement action.
11 (4)(3) Each registration application and renewal
12 application must specify the location at which the applicant
13 proposes to establish its principal place of business and any
14 other location, including authorized vendors operating in this
15 state. The registrant shall notify the department of any
16 changes to any such locations. Any registrant may satisfy this
17 requirement by providing the department with a list of such
18 locations, including all authorized vendors operating in this
19 state, not less than annually. A registrant may not transact
20 business as a check casher or a foreign currency exchanger
21 except pursuant to the name under which it is registered.
22 (5)(4) Each applicant shall designate and maintain an
23 agent in this state for service of process.
24 Section 13. Subsection (5) is added to section
25 560.310, Florida Statutes, to read:
26 560.310 Records of check cashers and foreign currency
27 exchangers.--
28 (5) Any person who violates this section or fails to
29 comply with any lawful written demand or order of the
30 department made pursuant to this section commits a felony of
31
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1 the third degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 Section 14. Subsection (10) of section 665.50, Florida
4 Statutes, is amended and subsection (11) is added to that
5 section to read:
6 655.50 Florida Control of Money Laundering in
7 Financial Institutions Act; reports of transactions involving
8 currency or monetary instruments; when required; purpose;
9 definitions; penalties.--
10 (10)(a) Except as provided in paragraph (b), a person
11 who willfully violates any provision of this section, chapter
12 896, or any similar state or federal law is guilty of a
13 misdemeanor of the first degree, punishable as provided in s.
14 775.082 or s. 775.083.
15 (a)(b) A person who willfully violates or knowingly
16 causes another to violate any provision of this section,
17 chapter 896, or any similar state or federal law, when the
18 violation involves is:
19 1. Monetary instruments Committed in furtherance of
20 the commission of any other violation of Florida law; or
21 2. Committed as part of a pattern of illegal activity
22 involving financial transactions exceeding $300 but less than
23 $20,000 in any 12-month period, is guilty of a felony of the
24 third degree, punishable as provided in s. 775.082 or 775.083;
25 or
26 2.3. Monetary instruments totaling Committed as part
27 of a pattern of illegal activity involving financial
28 transactions exceeding $20,000 but less than $100,000 in any
29 12-month period is guilty of a felony of the second degree,
30 punishable as provided in s. 775.082 or 775.083; or
31
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1 3.4. Monetary instruments totaling or Committed as
2 part of a pattern of illegal activity involving financial
3 transactions exceeding $100,000 in any 12-month period is
4 guilty of a felony of the first degree, punishable as provided
5 in s. 775.082 or s. 775.083.
6 (b)(c) In addition to the penalties otherwise
7 authorized by ss. 775.082 and 775.083, a person who has been
8 convicted of or who has pleaded guilty or nolo contendere to
9 having violated paragraph (a) (b) may be sentenced to pay a
10 fine not exceeding $250,000 or twice the value of the monetary
11 instruments financial transaction, whichever is greater,
12 except that on a second or subsequent conviction for or plea
13 of guilty or nolo contendere to a violation of paragraph (a)
14 (b), the fine may be up to $500,000 or quintuple the value of
15 the monetary instruments financial transaction, whichever is
16 greater.
17 (c)(d) A person who willfully violates this section,
18 chapter 896, or any similar state or federal law is also
19 liable for a civil penalty of not more than the greater of the
20 value of the monetary instruments financial transaction
21 involved or $25,000. However, the civil penalty may not exceed
22 $100,000.
23 (11) In any prosecution brought pursuant to this
24 section, the common law corpus delicti rule does not apply.
25 Section 15. Section 893.145, Florida Statutes, is
26 amended to read:
27 893.145 "Drug paraphernalia" defined.--The term "drug
28 paraphernalia" means all equipment, products, and materials of
29 any kind which are used, intended for use, or designed for use
30 in planting, propagating, cultivating, growing, harvesting,
31 manufacturing, compounding, converting, producing, processing,
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1 preparing, testing, analyzing, packaging, repackaging,
2 storing, containing, concealing, transporting, injecting,
3 ingesting, inhaling, or otherwise introducing into the human
4 body a controlled substance in violation of this chapter.
5 Drug paraphernalia is deemed to be contraband which shall be
6 subject to civil forfeiture. The term includes, but is not
7 limited to:
8 (1) Kits used, intended for use, or designed for use
9 in the planting, propagating, cultivating, growing, or
10 harvesting of any species of plant which is a controlled
11 substance or from which a controlled substance can be derived.
12 (2) Kits used, intended for use, or designed for use
13 in manufacturing, compounding, converting, producing,
14 processing, or preparing controlled substances.
15 (3) Isomerization devices used, intended for use, or
16 designed for use in increasing the potency of any species of
17 plant which is a controlled substance.
18 (4) Testing equipment used, intended for use, or
19 designed for use in identifying, or in analyzing the strength,
20 effectiveness, or purity of, controlled substances.
21 (5) Scales and balances used, intended for use, or
22 designed for use in weighing or measuring controlled
23 substances.
24 (6) Diluents and adulterants, such as quinine
25 hydrochloride, mannitol, mannite, dextrose, and lactose, used,
26 intended for use, or designed for use in cutting controlled
27 substances.
28 (7) Separation gins and sifters used, intended for
29 use, or designed for use in removing twigs and seeds from, or
30 in otherwise cleaning or refining, cannabis.
31
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1 (8) Blenders, bowls, containers, spoons, and mixing
2 devices used, intended for use, or designed for use in
3 compounding controlled substances.
4 (9) Capsules, balloons, envelopes, and other
5 containers used, intended for use, or designed for use in
6 packaging small quantities of controlled substances.
7 (10) Containers and other objects used, intended for
8 use, or designed for use in storing, or concealing, or
9 transporting controlled substances.
10 (11) Hypodermic syringes, needles, and other objects
11 used, intended for use, or designed for use in parenterally
12 injecting controlled substances into the human body.
13 (12) Objects used, intended for use, or designed for
14 use in ingesting, inhaling, or otherwise introducing cannabis,
15 cocaine, hashish, or hashish oil into the human body, such as:
16 (a) Metal, wooden, acrylic, glass, stone, plastic, or
17 ceramic pipes, with or without screens, permanent screens,
18 hashish heads, or punctured metal bowls.
19 (b) Water pipes.
20 (c) Carburetion tubes and devices.
21 (d) Smoking and carburetion masks.
22 (e) Roach clips: meaning objects used to hold burning
23 material, such as a cannabis cigarette, that has become too
24 small or too short to be held in the hand.
25 (f) Miniature cocaine spoons, and cocaine vials.
26 (g) Chamber pipes.
27 (h) Carburetor pipes.
28 (i) Electric pipes.
29 (j) Air-driven pipes.
30 (k) Chillums.
31 (l) Bongs.
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1 (m) Ice pipes or chillers.
2 Section 16. Section 893.147, Florida Statutes, is
3 amended to read:
4 893.147 Use, possession, manufacture, delivery,
5 transportation, or advertisement of drug paraphernalia.--
6 (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.--It is
7 unlawful for any person to use, or to possess with intent to
8 use, drug paraphernalia:
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 chapter; or
13 (b) To inject, ingest, inhale, or otherwise introduce
14 into the human body a controlled substance in violation of
15 this chapter.
16
17 Any person who violates this subsection is guilty of a
18 misdemeanor of the first degree, punishable as provided in s.
19 775.082 or s. 775.083.
20 (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.--It
21 is unlawful for any person to deliver, possess with intent to
22 deliver, or manufacture with intent to deliver drug
23 paraphernalia, knowing, or under circumstances where one
24 reasonably should know, that it will be used:
25 (a) To plant, propagate, cultivate, grow, harvest,
26 manufacture, compound, convert, produce, process, prepare,
27 test, analyze, pack, repack, store, contain, or conceal a
28 controlled substance in violation of this act; or
29 (b) To inject, ingest, inhale, or otherwise introduce
30 into the human body a controlled substance in violation of
31 this act.
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1
2 Any person who violates this subsection is guilty of a felony
3 of the third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084.
5 (3) DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.--
6 (a) Any person 18 years of age or over who violates
7 subsection (2) by delivering drug paraphernalia to a person
8 under 18 years of age is guilty of a felony of the second
9 degree, punishable as provided in s. 775.082, s. 775.083, or
10 s. 775.084.
11 (b) It is unlawful for any person to sell or otherwise
12 deliver hypodermic syringes, needles, or other objects which
13 may be used, are intended for use, or are designed for use in
14 parenterally injecting substances into the human body to any
15 person under 18 years of age, except that hypodermic syringes,
16 needles, or other such objects may be lawfully dispensed to a
17 person under 18 years of age by a licensed practitioner,
18 parent, or legal guardian or by a pharmacist pursuant to a
19 valid prescription for same. Any person who violates the
20 provisions of this paragraph is guilty of a misdemeanor of the
21 first degree, punishable as provided in s. 775.082 or s.
22 775.083.
23 (4) TRANSPORTATION OF DRUG PARAPHERNALIA.--It is
24 unlawful to use, possess with the intent to use, or
25 manufacture with the intent to use drug paraphernalia, knowing
26 or under circumstances in which one reasonably should know
27 that it will be used to transport:
28 (a) A controlled substance in violation of this
29 chapter; or
30 (b) Contraband as defined in s. 932.701(2)(a)1.
31
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1 Any person who violates this subsection commits a felony of
2 the third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084.
4 (5)(4) ADVERTISEMENT OF DRUG PARAPHERNALIA.--It is
5 unlawful for any person to place in any newspaper, magazine,
6 handbill, or other publication any advertisement, knowing, or
7 under circumstances where one reasonably should know, that the
8 purpose of the advertisement, in whole or in part, is to
9 promote the sale of objects designed or intended for use as
10 drug paraphernalia. Any person who violates this subsection
11 is guilty of a misdemeanor of the first degree, punishable as
12 provided in s. 775.082 or s. 775.083.
13 Section 17. Paragraph (a) of subsection (1) of section
14 895.02, Florida Statutes, is amended to read:
15 895.02 Definitions.--As used in ss. 895.01-895.08, the
16 term:
17 (1) "Racketeering activity" means to commit, to
18 attempt to commit, to conspire to commit, or to solicit,
19 coerce, or intimidate another person to commit:
20 (a) Any crime which is chargeable by indictment or
21 information under the following provisions of the Florida
22 Statutes:
23 1. Section 210.18, relating to evasion of payment of
24 cigarette taxes.
25 2. Section 403.727(3)(b), relating to environmental
26 control.
27 3. Section 414.39, relating to public assistance
28 fraud.
29 4. Section 409.920, relating to Medicaid provider
30 fraud.
31
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1 5. Section 440.105 or s. 440.106, relating to workers'
2 compensation.
3 6. Part IV of chapter 501, relating to telemarketing.
4 7. Chapter 517, relating to sale of securities and
5 investor protection.
6 8. Section 550.235, s. 550.3551, or s. 550.3605,
7 relating to dogracing and horseracing.
8 9. Chapter 550, relating to jai alai frontons.
9 10. Chapter 552, relating to the manufacture,
10 distribution, and use of explosives.
11 11. Chapter 560, relating to money transmitters, if
12 the violation is punishable as a felony.
13 12.11. Chapter 562, relating to beverage law
14 enforcement.
15 13.12. Section 624.401, relating to transacting
16 insurance without a certificate of authority, s.
17 624.437(4)(c)1., relating to operating an unauthorized
18 multiple-employer welfare arrangement, or s. 626.902(1)(b),
19 relating to representing or aiding an unauthorized insurer.
20 14.13. Section 655.50, relating to reports of currency
21 transactions, when such violation is punishable as a felony.
22 15.14. Chapter 687, relating to interest and usurious
23 practices.
24 16.15. Section 721.08, s. 721.09, or s. 721.13,
25 relating to real estate timeshare plans.
26 17.16. Chapter 782, relating to homicide.
27 18.17. Chapter 784, relating to assault and battery.
28 19.18. Chapter 787, relating to kidnapping.
29 20.19. Chapter 790, relating to weapons and firearms.
30 21.20. Section 796.03, s. 796.04, s. 796.05, or s.
31 796.07, relating to prostitution.
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1 22.21. Chapter 806, relating to arson.
2 23.22. Section 810.02(2)(c), relating to specified
3 burglary of a dwelling or structure.
4 24.23. Chapter 812, relating to theft, robbery, and
5 related crimes.
6 25.24. Chapter 815, relating to computer-related
7 crimes.
8 26.25. Chapter 817, relating to fraudulent practices,
9 false pretenses, fraud generally, and credit card crimes.
10 27.26. Chapter 825, relating to abuse, neglect, or
11 exploitation of an elderly person or disabled adult.
12 28.27. Section 827.071, relating to commercial sexual
13 exploitation of children.
14 29.28. Chapter 831, relating to forgery and
15 counterfeiting.
16 30.29. Chapter 832, relating to issuance of worthless
17 checks and drafts.
18 31.30. Section 836.05, relating to extortion.
19 32.31. Chapter 837, relating to perjury.
20 33.32. Chapter 838, relating to bribery and misuse of
21 public office.
22 34.33. Chapter 843, relating to obstruction of
23 justice.
24 35.34. Section 847.011, s. 847.012, s. 847.013, s.
25 847.06, or s. 847.07, relating to obscene literature and
26 profanity.
27 36.35. Section 849.09, s. 849.14, s. 849.15, s.
28 849.23, or s. 849.25, relating to gambling.
29 37.36. Chapter 874, relating to criminal street gangs.
30 38.37. Chapter 893, relating to drug abuse prevention
31 and control.
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1 39.38. Chapter 896, relating to offenses related to
2 financial transactions.
3 40.39. Sections 914.22 and 914.23, relating to
4 tampering with a witness, victim, or informant, and
5 retaliation against a witness, victim, or informant.
6 41.40. Sections 918.12 and 918.13, relating to
7 tampering with jurors and evidence.
8 Section 18. Section 896.101, Florida Statutes, is
9 amended to read:
10 896.101 Florida Money Laundering Act; definitions;
11 penalties; injunctions; seizure warrants; immunity Offense of
12 conduct of financial transaction involving proceeds of
13 unlawful activity; penalties.--
14 (1) This section may be cited as the "Florida Money
15 Laundering Act."
16 (2)(1) DEFINITIONS.--As used in this section, the
17 term:
18 (a) "Knowing that the property involved in a financial
19 transaction represents the proceeds of some form of unlawful
20 activity" means that the person knew the property involved in
21 the transaction represented proceeds from some form, though
22 not necessarily which form, of activity that constitutes a
23 felony under state or federal law, regardless of whether or
24 not such activity is specified in paragraph (g).
25 (b) "Conducts" includes initiating, concluding, or
26 participating in initiating or concluding a transaction.
27 (c) "Transaction" means a purchase, sale, loan,
28 pledge, gift, transfer, delivery, or other disposition, and
29 with respect to a financial institution includes a deposit,
30 withdrawal, transfer between accounts, exchange of currency,
31 loan, extension of credit, purchase or sale of any stock,
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1 bond, certificate of deposit, or other monetary instrument,
2 use of a safety deposit box, or any other payment, transfer,
3 or delivery by, through, or to a financial institution, by
4 whatever means effected.
5 (d) "Financial transaction" means a transaction
6 involving the movement of funds by wire or other means or
7 involving one or more monetary instruments, which in any way
8 or degree affects commerce, or a transaction involving the
9 transfer of title to any real property, vehicle, vessel, or
10 aircraft, or a transaction involving the use of a financial
11 institution which is engaged in, or the activities of which
12 affect, commerce in any way or degree.
13 (e) "Monetary instruments" means coin or currency of
14 the United States or of any other country, travelers' checks,
15 personal checks, bank checks, money orders, investment
16 securities in bearer form or otherwise in such form that title
17 thereto passes upon delivery, and negotiable instruments in
18 bearer form or otherwise in such form that title thereto
19 passes upon delivery.
20 (f) "Financial institution" means a financial
21 institution as defined in 31 U.S.C. s. 5312 which institution
22 is located in this state.
23 (g) "Specified unlawful activity" means any
24 "racketeering activity" as defined in s. 895.02.
25 (h) "Knowing" means that a person knew; or with
26 respect to any transaction or transportation involving more
27 than $10,000 in U.S. currency or foreign equivalent, should
28 have known after reasonable inquiry, unless the person has a
29 duty to file a federal currency transaction report, IRS Form
30 8300, or a like report under state law and has complied with
31 that reporting requirement in accordance with law.
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1 (i) "Petitioner" means any local, county, state, or
2 federal law enforcement agency; the Attorney General; any
3 state attorney; or the statewide prosecutor.
4 (3)(2) It is unlawful a felony of the second degree,
5 punishable as provided in s. 775.082, s. 775.083, or s.
6 775.084, for a person:
7 (a) Knowing that the property involved in a financial
8 transaction represents the proceeds of some form of unlawful
9 activity, to conduct or attempt to conduct such a financial
10 transaction which in fact involves the proceeds of specified
11 unlawful activity:
12 1. With the intent to promote the carrying on of
13 specified unlawful activity; or
14 2. Knowing that the transaction is designed in whole
15 or in part:
16 a. To conceal or disguise the nature, the location,
17 the source, the ownership, or the control of the proceeds of
18 specified unlawful activity; or
19 b. To avoid a transaction reporting requirement or
20 money transmitters' registration requirement under state law.
21 (b) To transport or attempt to transport a monetary
22 instrument or funds:
23 1. With the intent to promote the carrying on of
24 specified unlawful activity; or
25 2. Knowing that the monetary instrument or funds
26 involved in the transportation represent the proceeds of some
27 form of unlawful activity and knowing that such transportation
28 is designed in whole or in part:
29 a. To conceal or disguise the nature, the location,
30 the source, the ownership, or the control of the proceeds of
31 specified unlawful activity; or
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1 b. To avoid a transaction reporting requirement or
2 money transmitters' registration requirement under state law.
3 (c) To conduct or attempt to conduct a financial
4 transaction which involves property or proceeds which an
5 investigative or law enforcement officer, or someone acting
6 under such officer's direction, represents as being derived
7 from, or as being used to conduct or facilitate, specified
8 unlawful activity, when the person's conduct or attempted
9 conduct is undertaken with the intent:
10 1. To promote the carrying on of specified unlawful
11 activity; or
12 2. To conceal or disguise the nature, the location,
13 the source, the ownership, or the control of the proceeds or
14 property believed to be the proceeds of specified unlawful
15 activity; or
16 3. To avoid a transaction reporting requirement under
17 state law.
18 (d) A person who violates this subsection is also
19 liable for a civil penalty of not more than the greater of the
20 value of the property, funds, or monetary instruments involved
21 in the transaction or $10,000.
22 (d)(e) For the purposes of this subsection,
23 "investigative or law enforcement officer" means any officer
24 of the State of Florida or political subdivision thereof, of
25 the United States, or of any other state or political
26 subdivision thereof, who is empowered by law to conduct, on
27 behalf of the government, investigations of, or to make
28 arrests for, offenses enumerated in this subsection or similar
29 federal offenses.
30 (4) It does not constitute a defense to a prosecution
31 for any violation of this chapter that:
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1 (a) Any stratagem or deception, including the use of
2 an undercover operative or law enforcement officer, was
3 employed.
4 (b) A facility or an opportunity to engage in conduct
5 in violation of this act was provided.
6 (c) A law enforcement officer, or person acting under
7 direction of a law enforcement officer, solicited a person
8 predisposed to engage in conduct in violation of any provision
9 of this chapter to commit a violation of this chapter in order
10 to gain evidence against that person, provided such
11 solicitation would not induce an ordinary law-abiding person
12 to violate this chapter.
13
14 This subsection does not preclude the defense of entrapment.
15 (5) A person who violates this section, if the
16 violation involves:
17 (a) Monetary instruments exceeding $300 but less than
18 $20,000 in any 12-month period, commits a felony of the third
19 degree, punishable as provided in s. 775.082, s. 775.083, or
20 s. 775.084.
21 (b) Monetary instruments totaling $20,000 but less
22 than $100,000 in any 12-month period, commits a felony of the
23 second degree, punishable as provided in s. 775.082, s.
24 775.083, or s. 775.084.
25 (c) Monetary instruments totaling or exceeding
26 $100,000 in any 12-month period, commits a felony of the first
27 degree, punishable a provided in s. 775.082, s. 775.083, or s.
28 775.084.
29 (6) In addition to the penalties authorized by s.
30 775.082, s. 775.083, or s. 775.084, a person who has been
31 found guilty of or who has pleaded guilty or nolo contendere
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1 to having violated this section may be sentenced to pay a fine
2 not exceeding $250,000 or twice the value of the monetary
3 instruments, whichever is greater, except that for a second or
4 subsequent violation of this section, the fine may be up to
5 $500,000 or quintuple the value of the monetary instruments,
6 whichever is greater.
7 (7) A person who violates this section is also liable
8 for a civil penalty of not more than the value of the monetary
9 instruments involved or $25,000, whichever is greater.
10 (8) If a person is alienating or disposing of monetary
11 instruments, or appears likely to or demonstrates an intent to
12 alienate or dispose of monetary instruments, used in violation
13 of this section, chapter 560, s. 655.50, or any crime listed
14 as specified unlawful activity under this section, or monetary
15 instruments or funds that are traceable to any such violation,
16 the petitioner may commence a civil action in any circuit
17 court having jurisdiction where such monetary instruments are
18 located or have been deposited for a temporary injunction to
19 prohibit any person from withdrawing, transferring, removing,
20 dissipating, or disposing of any such monetary instruments of
21 equivalent value. The temporary injunction will be obtained
22 pursuant to Florida Civil Rule of Procedure 1.610. This
23 section governs all temporary injunctions obtained pursuant to
24 this section and supercedes all other provisions of the rule
25 that may be inconsistent with this section. The court shall
26 take into account any anticipated impact the temporary
27 injunction will have on innocent third parties or businesses,
28 balanced against the petitioner's need to preserve the
29 monetary instruments.
30 (b) A temporary injunction must be granted without
31 bond to the petitioner. However, the court may authorize a
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1 respondent to post a bond equal to the amount to be enjoined
2 and to have the injunction dissolved.
3 (c) A temporary injunction is to be entered upon
4 application of the petitioner, ex parte and without notice or
5 opportunity for a hearing with respect to the monetary
6 instruments.
7 (d) Such a temporary order expires not more than 10
8 days after the date on which the order is served, unless
9 extended for good cause shown or unless the party against whom
10 it is entered consents to an extension for a longer period.
11 (e) If at any time the petitioner discovers that the
12 funds sought to be enjoined total less than $10,000, the
13 petitioner shall immediately inform the court and the court
14 shall immediately dissolve the temporary injunction.
15 (f) At the termination of the temporary injunction or
16 at any time before the termination of the temporary
17 injunction, the petitioner may:
18 1. Obtain a warrant or other court order and seize the
19 monetary instruments or funds and initiate a civil forfeiture
20 action;
21 2. Obtain a warrant or other court order and seize the
22 monetary instruments or funds for any subsequent criminal
23 prosecution; or
24 3. Petition the court to extend the order for a period
25 not longer than 10 days from the original order's termination
26 date. At the end of the termination of the 10-day extension,
27 the petitioner may take either of the steps outlined in
28 subparagraph 1. or subparagraph 2. However, the petitioner may
29 not be granted any additional extensions.
30 (g) Within 24 hours after a temporary order is served
31 pursuant to this section, the petitioner shall furnish to both
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1 the person or entity in possession of the monetary instruments
2 and to the owner of the monetary instruments, if known, either
3 by certified mail, return receipt requested, or by personal
4 service, a copy of the order entered pursuant to this section
5 and a notice that the lawful owner of the monetary instruments
6 being enjoined may request a hearing to contest the order
7 entered pursuant to this section by petitioning the court that
8 issued the order. The notice must also advise that the hearing
9 will be held within 3 days after the request or as soon as
10 practicable thereafter and before the expiration of the
11 temporary order. The notice must state that the hearing will
12 be set and noticed by the person against whom the order is
13 entered.
14 (h) Only the lawful owner or the account holder of the
15 monetary instruments or funds being enjoined may request a
16 hearing to contest the order entered pursuant to this section
17 by petitioning the court that issued the order. A hearing must
18 be held within 3 days after the request or as soon as
19 practicable thereafter and before the expiration of the
20 temporary order. The hearing must be set and noticed by the
21 lawful owner of the monetary instruments or his or her
22 attorney. Notice of the hearing must be provided to the
23 petitioner who procured the temporary injunction pursuant to
24 the Florida Rules of Civil Procedure but not less than 24
25 hours before the scheduled hearing. The court may receive and
26 consider at a hearing held pursuant to this subsection,
27 evidence and information that would be inadmissible under the
28 Florida Rules of Evidence. A proceeding under this subsection
29 is governed by the Florida Rules of Civil Procedure.
30 (9)(a) The petitioner may request issuance of a
31 warrant authorizing the seizure of property, monetary
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1 instruments, or funds subject to civil forfeiture in the same
2 manner as provided for search warrants in chapter 933.
3 (b) Any financial institution that receives a seizure
4 warrant pursuant to paragraph (a) has a right of setoff for
5 any transaction involving a debit card occurring on or before
6 the date of receipt of such warrant.
7 (10) Any financial institution, licensed money
8 transmitter, or other person served with and complying with
9 the terms of a warrant, temporary injunction, or other court
10 order, including any subpoena issued under the authority
11 granted by s. 27.04 obtained in furtherance of an
12 investigation of any crime in this section, including any
13 crime listed as specified unlawful activity under this section
14 or any felony violation of chapter 560, has immunity from
15 civil and criminal liability arising from any lawful actions
16 taken in complying with the warrant, temporary injunction, or
17 other court order, including any subpoena issued under the
18 authority granted by s. 27.04. In any prosecution brought
19 pursuant to chapter 896, the common law corpus delicti rule
20 does not apply.
21 Section 19. Section 896.103, Florida Statutes, is
22 amended to read:
23 896.103 Transaction which constitutes separate
24 offense.--Notwithstanding any other provision of law, for
25 purposes of this section and ss. 896.101 and 896.102, each
26 individual currency transaction exceeding $10,000 which is
27 made in violation of the provisions of s. 896.102(1) or each
28 financial transaction in violation of the provisions of s.
29 896.101(3) s. 896.101(2) which involves the movement of funds
30 in excess of $10,000 shall constitute a separate, punishable
31 offense.
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1 Section 20. Section 896.104, Florida Statutes, is
2 created to read:
3 896.104 Structuring transactions to evade reporting or
4 registration requirements prohibited.--
5 (1) DOMESTIC COIN AND CURRENCY TRANSACTIONS.--A person
6 may not, for the purpose of evading the reporting and
7 registration requirements of chapter 896, chapter 655, or
8 chapter 560, or s. 5313(a) or s. 5325 of Title 31, United
9 States Code, or any rules or regulations adopted under those
10 chapters and sections, when some portion of the activity by
11 that person occurs in this state:
12 (a) Cause or attempt to cause a person or financial
13 institution in this state to fail to file an applicable report
14 or registration required under those chapters and sections or
15 any rule or regulation adopted under any of those chapters and
16 sections;
17 (b) Cause or attempt to cause a person or financial
18 institution in this state to file an applicable report
19 required under those chapters and sections or any rule or
20 regulation adopted under those chapters and sections which
21 contains a material omission or misstatement of fact; or
22 (c) Structure or assist in structuring, or attempt to
23 structure or assist in structuring, any financial transaction
24 with or involving one or more financial institutions in this
25 state.
26 (2) INTERNATIONAL MONETARY INSTRUMENT TRANSACTIONS.--A
27 person may not, for the purpose of evading the reporting or
28 registration requirements of chapter 896, chapter 655, or
29 chapter 560, or s. 5316 of Title 31, United States Code, when
30 some portion of the activity by that person occurs in this
31 state:
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1 (a) Fail to file an applicable registration or report
2 required by those chapters and sections, or cause or attempt
3 to cause a person to fail to file such a report;
4 (b) File or cause or attempt to cause a person to file
5 an applicable registration or report required under those
6 chapters and sections which contains a material omission or
7 misstatement of fact; or
8 (c) Structure or assist in structuring, or attempt to
9 structure or assist in structuring, any importation or
10 exportation of currency or monetary instruments to, from, or
11 through financial institutions in this state.
12 (3) CRIMINAL PENALTIES.--
13 (a) A violation of this section, except as provided in
14 paragraph (b), is a felony of the third degree, punishable as
15 provided in s. 775.082, s. 775.83, or s. 775.084.
16 (b) Whoever commits a subsequent violation of this
17 section or violates this section while violating another law
18 of this state or of the United States or as part of a pattern
19 of any illegal activity involving more than $100,000 in a
20 12-month period commits a felony of the second degree,
21 punishable as provided in s. 775.082, s. 775.083, or s.
22 775.084.
23 (4) PRESUMPTION.--Proof that a person engaged for
24 monetary consideration in the business of a funds transmitter
25 as defined in s. 560.103(9) and who is transporting more than
26 $10,000 in currency, or foreign equivalent, without being
27 registered as a money transmitter or designated as an
28 authorized vendor under the provisions of chapter 560, gives
29 rise to an inference that the transportation was done with
30 knowledge of the registration requirements of chapter 560 and
31 the reporting requirements of this chapter.
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1 (5) CONSTRUCTION.--This section may not be construed
2 to require any new or additional reporting requirements on any
3 entity obligated to file reports under state or federal law.
4 Section 21. Section 896.105, Florida Statutes, is
5 created to read:
6 896.105 Penalty provisions not applicable to law
7 enforcement.--The penalty provisions of this chapter,
8 including those directed at reporting violations or the
9 conduct or attempted conduct of unlawful financial
10 transactions, the unlawful transportation or attempted
11 transportation of monetary instruments, and the concealment of
12 unlawful proceeds or their ownership are not applicable to law
13 enforcement officers who engage in aspects of such activity
14 for bona fide authorized undercover law enforcement purposes
15 in the course of or in relation to an active criminal
16 investigation, active criminal intelligency gathering, or
17 active prosecution.
18 Section 22. Section 896.106, Florida Statutes, is
19 created to read:
20 896.106 Fugitive disentitlement.--A person may not use
21 the resources of the courts of this state in furtherance of a
22 claim in any related civil forfeiture action or a claim in
23 third-party proceeding in any related forfeiture action if
24 that person purposely leaves the jurisdiction of this state or
25 the United States; declines to enter or reenter this state to
26 submit to its jurisdiction; or otherwise evades the
27 jurisdiction of the court in which a criminal case is pending
28 against the person.
29 Section 23. Section 896.107, Florida Statutes, is
30 created to read:
31 896.107 Rewards for informants.--
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1 (1) A law enforcement agency conducting any
2 investigation of a violation of this chapter may pay a reward
3 to an individual who provides original information that leads
4 to a recovery of a criminal fine, civil penalty, or
5 forfeiture.
6 (2) The law enforcement agency shall determine the
7 amount of a reward under this section. The law enforcement
8 agency may not pay more than the amount of reward authorized
9 for similar activity by any federal law or guideline in effect
10 at the time the information described in subsection (1) was
11 provided.
12 (3) An officer or employee of the United States, a
13 state or local government, or a foreign government who in the
14 performance of official duties provides information described
15 in subsection (1) is not eligible for a reward under this
16 section.
17 (4) Payment of a reward does not affect the
18 admissibility of testimony in any court proceeding.
19 Section 24. Paragraphs (g), (h), and (i) of subsection
20 (3) of section 921.0022, Florida Statutes, are amended to
21 read:
22 921.0022 Criminal Punishment Code; offense severity
23 ranking chart.--
24 (3) OFFENSE SEVERITY RANKING CHART
25
26 Florida Felony
27 Statute Degree Description
28
29
30 (g) LEVEL 7
31
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1 316.193(3)(c)2. 3rd DUI resulting in serious bodily
2 injury.
3 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
4 bodily injury.
5 402.319(2) 2nd Misrepresentation and negligence
6 or intentional act resulting in
7 great bodily harm, permanent
8 disfiguration, permanent
9 disability, or death.
10 409.920(2) 3rd Medicaid provider fraud.
11 494.0018(2) 1st Conviction of any violation of
12 ss. 494.001-494.0077 in which the
13 total money and property
14 unlawfully obtained exceeded
15 $50,000 and there were five or
16 more victims.
17 560.123(8)(a)1. 3rd Failure to report currency or
18 payment instruments exceeding
19 $300 but less than $20,000 by
20 money transmitter.
21 560.125(5)(a) 3rd Money transmitter business by
22 unauthorized person, currency or
23 payment instruments exceeding
24 $300 but less than $20,000.
25 655.50(10)(a)1. 3rd Failure to report monetary
26 instruments exceeding $300 but
27 less than $20,000 by financial
28 institution.
29
30
31
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1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.07(2)(d) 1st Aggravated battery on law
27 enforcement officer.
28 784.08(2)(a) 1st Aggravated battery on a person 65
29 years of age or older.
30 784.081(1) 1st Aggravated battery on specified
31 official or employee.
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1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 784.083(1) 1st Aggravated battery on code
5 inspector.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 796.03 2nd Procuring any person under 16
12 years for prostitution.
13 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
14 victim less than 12 years of age;
15 offender less than 18 years.
16 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
17 victim 12 years of age or older
18 but less than 16 years; offender
19 18 years or older.
20 806.01(2) 2nd Maliciously damage structure by
21 fire or explosive.
22 810.02(3)(a) 2nd Burglary of occupied dwelling;
23 unarmed; no assault or battery.
24 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
25 unarmed; no assault or battery.
26 810.02(3)(d) 2nd Burglary of occupied conveyance;
27 unarmed; no assault or battery.
28 812.014(2)(a) 1st Property stolen, valued at
29 $100,000 or more; property stolen
30 while causing other property
31 damage; 1st degree grand theft.
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1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.131(2)(a) 2nd Robbery by sudden snatching.
6 812.133(2)(b) 1st Carjacking; no firearm, deadly
7 weapon, or other weapon.
8 825.102(3)(b) 2nd Neglecting an elderly person or
9 disabled adult causing great
10 bodily harm, disability, or
11 disfigurement.
12 825.1025(2) 2nd Lewd or lascivious battery upon
13 an elderly person or disabled
14 adult.
15 825.103(2)(b) 2nd Exploiting an elderly person or
16 disabled adult and property is
17 valued at $20,000 or more, but
18 less than $100,000.
19 827.03(3)(b) 2nd Neglect of a child causing great
20 bodily harm, disability, or
21 disfigurement.
22 827.04(3) 3rd Impregnation of a child under 16
23 years of age by person 21 years
24 of age or older.
25 837.05(2) 3rd Giving false information about
26 alleged capital felony to a law
27 enforcement officer.
28 872.06 2nd Abuse of a dead human body.
29
30
31
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1 893.13(1)(c)1. 1st Sell, manufacture, or deliver
2 cocaine (or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), or (2)(b)) within
5 1,000 feet of a child care
6 facility or school.
7 893.13(1)(e) 1st Sell, manufacture, or deliver
8 cocaine or other drug prohibited
9 under s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), or (2)(b), within
11 1,000 feet of property used for
12 religious services or a specified
13 business site.
14 893.13(4)(a) 1st Deliver to minor cocaine (or
15 other s. 893.03(1)(a), (1)(b),
16 (1)(d), (2)(a), or (2)(b) drugs).
17 893.135(1)(a)1. 1st Trafficking in cannabis, more
18 than 50 lbs., less than 2,000
19 lbs.
20 893.135
21 (1)(b)1.a. 1st Trafficking in cocaine, more than
22 28 grams, less than 200 grams.
23 893.135
24 (1)(c)1.a. 1st Trafficking in illegal drugs,
25 more than 4 grams, less than 14
26 grams.
27 893.135
28 (1)(d)1. 1st Trafficking in phencyclidine,
29 more than 28 grams, less than 200
30 grams.
31
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1 893.135(1)(e)1. 1st Trafficking in methaqualone, more
2 than 200 grams, less than 5
3 kilograms.
4 893.135(1)(f)1. 1st Trafficking in amphetamine, more
5 than 14 grams, less than 28
6 grams.
7 893.135
8 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
9 grams or more, less than 14
10 grams.
11 896.101(5)(a) 3rd Money laundering, monetary
12 instruments exceeding $300 but
13 less than $20,000.
14 (h) LEVEL 8
15 316.193
16 (3)(c)3.a. 2nd DUI manslaughter.
17 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
18 560.123(8)(a)2. 2nd Failure to report currency or
19 payment instruments exceeding
20 $20,000, but less than $100,000
21 by money transmitter.
22 560.125(5)(b) 2nd Money transmitter business by
23 unauthorized person, currency or
24 payment instruments exceeding
25 $20,000, but less than $100,000.
26 655.50(10)(a)2. 2nd Failure to report monetary
27 instruments exceeding $20,000,
28 but less than $100,000 by
29 financial institutions.
30 777.03(2)(a) 1st Accessory after the fact, capital
31 felony.
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1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.051(2) 1st Attempted felony murder while
9 perpetrating or attempting to
10 perpetrate a felony not
11 enumerated in s. 782.04(3).
12 782.071(2) 1st Committing vehicular homicide and
13 failing to render aid or give
14 information.
15 782.072(2) 1st Committing vessel homicide and
16 failing to render aid or give
17 information.
18 790.161(3) 1st Discharging a destructive device
19 which results in bodily harm or
20 property damage.
21 794.011(5) 2nd Sexual battery, victim 12 years
22 or over, offender does not use
23 physical force likely to cause
24 serious injury.
25 800.04(4) 2nd Lewd or lascivious battery.
26 806.01(1) 1st Maliciously damage dwelling or
27 structure by fire or explosive,
28 believing person in structure.
29 810.02(2)(a) 1st,PBL Burglary with assault or battery.
30 810.02(2)(b) 1st,PBL Burglary; armed with explosives
31 or dangerous weapon.
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1 810.02(2)(c) 1st Burglary of a dwelling or
2 structure causing structural
3 damage or $1,000 or more property
4 damage.
5 812.13(2)(b) 1st Robbery with a weapon.
6 812.135(2) 1st Home-invasion robbery.
7 825.102(2) 2nd Aggravated abuse of an elderly
8 person or disabled adult.
9 825.103(2)(a) 1st Exploiting an elderly person or
10 disabled adult and property is
11 valued at $100,000 or more.
12 837.02(2) 2nd Perjury in official proceedings
13 relating to prosecution of a
14 capital felony.
15 837.021(2) 2nd Making contradictory statements
16 in official proceedings relating
17 to prosecution of a capital
18 felony.
19 860.121(2)(c) 1st Shooting at or throwing any
20 object in path of railroad
21 vehicle resulting in great bodily
22 harm.
23 860.16 1st Aircraft piracy.
24 893.13(1)(b) 1st Sell or deliver in excess of 10
25 grams of any substance specified
26 in s. 893.03(1)(a) or (b).
27 893.13(2)(b) 1st Purchase in excess of 10 grams of
28 any substance specified in s.
29 893.03(1)(a) or (b).
30
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1 893.13(6)(c) 1st Possess in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.135(1)(a)2. 1st Trafficking in cannabis, more
5 than 2,000 lbs., less than 10,000
6 lbs.
7 893.135
8 (1)(b)1.b. 1st Trafficking in cocaine, more than
9 200 grams, less than 400 grams.
10 893.135
11 (1)(c)1.b. 1st Trafficking in illegal drugs,
12 more than 14 grams, less than 28
13 grams.
14 893.135
15 (1)(d)1.b. 1st Trafficking in phencyclidine,
16 more than 200 grams, less than
17 400 grams.
18 893.135
19 (1)(e)1.b. 1st Trafficking in methaqualone, more
20 than 5 kilograms, less than 25
21 kilograms.
22 893.135
23 (1)(f)1.b. 1st Trafficking in amphetamine, more
24 than 28 grams, less than 200
25 grams.
26 893.135
27 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
28 grams or more, less than 28
29 grams.
30
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1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, monetary
12 instruments exceeding $20,000,
13 but less than $100,000.
14 (i) LEVEL 9
15 316.193
16 (3)(c)3.b. 1st DUI manslaughter; failing to
17 render aid or give information.
18 560.123(8)(a)3. 1st Failure to report currency or
19 payment instruments exceeding
20 $100,000 by money transmitter.
21 560.125(5)(c) 1st Money transmitter business by
22 unauthorized person, currency, or
23 payment instruments exceeding
24 $100,000.
25 655.50(10)(a)3. 1st Failure to report monetary
26 instruments exceeding $100,000 by
27 financial institution.
28 782.04(1) 1st Attempt, conspire, or solicit to
29 commit premeditated murder.
30
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1 782.04(3) 1st,PBL Accomplice to murder in
2 connection with arson, sexual
3 battery, robbery, burglary, and
4 other specified felonies.
5 782.051(1) 1st Attempted felony murder while
6 perpetrating or attempting to
7 perpetrate a felony enumerated in
8 s. 782.04(3).
9 782.07(2) 1st Aggravated manslaughter of an
10 elderly person or disabled adult.
11 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
12 reward or as a shield or hostage.
13 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
14 or facilitate commission of any
15 felony.
16 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
17 interfere with performance of any
18 governmental or political
19 function.
20 787.02(3)(a) 1st False imprisonment; child under
21 age 13; perpetrator also commits
22 aggravated child abuse, sexual
23 battery, or lewd or lascivious
24 battery, molestation, conduct, or
25 exhibition.
26 790.161 1st Attempted capital destructive
27 device offense.
28 794.011(2) 1st Attempted sexual battery; victim
29 less than 12 years of age.
30
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1 794.011(2) Life Sexual battery; offender younger
2 than 18 years and commits sexual
3 battery on a person less than 12
4 years.
5 794.011(4) 1st Sexual battery; victim 12 years
6 or older, certain circumstances.
7 794.011(8)(b) 1st Sexual battery; engage in sexual
8 conduct with minor 12 to 18 years
9 by person in familial or
10 custodial authority.
11 800.04(5)(b) 1st Lewd or lascivious molestation;
12 victim less than 12 years;
13 offender 18 years or older.
14 812.13(2)(a) 1st,PBL Robbery with firearm or other
15 deadly weapon.
16 812.133(2)(a) 1st,PBL Carjacking; firearm or other
17 deadly weapon.
18 827.03(2) 1st Aggravated child abuse.
19 847.0145(1) 1st Selling, or otherwise
20 transferring custody or control,
21 of a minor.
22 847.0145(2) 1st Purchasing, or otherwise
23 obtaining custody or control, of
24 a minor.
25 859.01 1st Poisoning food, drink, medicine,
26 or water with intent to kill or
27 injure another person.
28 893.135 1st Attempted capital trafficking
29 offense.
30 893.135(1)(a)3. 1st Trafficking in cannabis, more
31 than 10,000 lbs.
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1 893.135
2 (1)(b)1.c. 1st Trafficking in cocaine, more than
3 400 grams, less than 150
4 kilograms.
5 893.135
6 (1)(c)1.c. 1st Trafficking in illegal drugs,
7 more than 28 grams, less than 30
8 kilograms.
9 893.135
10 (1)(d)1.c. 1st Trafficking in phencyclidine,
11 more than 400 grams.
12 893.135
13 (1)(e)1.c. 1st Trafficking in methaqualone, more
14 than 25 kilograms.
15 893.135
16 (1)(f)1.c. 1st Trafficking in amphetamine, more
17 than 200 grams.
18 896.101(5)(c) 1st Money laundering, monetary
19 instruments exceeding $100,000.
20 Section 25. This act shall take effect July 1, 2000.
21
22 *****************************************
23 SENATE SUMMARY
24 Amends various sections of the Florida Statutes providing
criminal standards and sanctions for money transmitting
25 and money laundering.
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