Senate Bill 1258c1

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    Florida Senate - 2000                           CS for 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; providing for

  5         development and implementation of a statewide

  6         seaport security plan and local seaport

  7         security plans; providing for inspections of

  8         seaports to determine compliance with minimum

  9         seaport security standards and reporting of

10         results of inspections performed; providing for

11         a fingerprint-based criminal-history check of

12         applicants for employment and current employees

13         at certain seaports; amending s. 560.103, F.S.;

14         limiting the definition of the term "authorized

15         vendor" as used in the Money Transmitters' Code

16         to businesses located in this state; creating

17         s. 560.1073, F.S.; providing a criminal penalty

18         for making or filing with the department

19         certain false or misleading statements or

20         documents; amending s. 560.111, F.S.; deleting

21         requirement that violation must be knowing;

22         adding usury to prohibited acts; amending s.

23         560.114, F.S.; expanding the department's

24         disciplinary authority; deleting requirement

25         that certain prohibited acts be knowingly or

26         willfully committed; adding other acts subject

27         to disciplinary action; providing that each

28         money transmitter is responsible for any act of

29         its authorized vendors if the money transmitter

30         should have known of the act; amending s.

31         560.117, F.S.; providing the circumstances

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  1         under which the department must give notice

  2         prior to bringing disciplinary action;

  3         providing for an administrative fine; amending

  4         s. 560.118, F.S.; revising requirements for

  5         examinations, reports, and audits of money

  6         transmitters; providing a criminal penalty for

  7         violations of the section; amending s. 560.123,

  8         F.S.; revising standards for graduated

  9         penalties involving currency or payment

10         instruments under the Florida Control of Money

11         Laundering in Money Transmitters Act; providing

12         that the common law corpus delicti rule does

13         not apply to prosecutions under the Money

14         Transmitters' Code; amending s. 560.125, F.S.;

15         providing graduated criminal penalties;

16         increasing fines; providing for a civil

17         penalty; providing that the corpus delicti

18         rule, as specifically designated, does not

19         apply; amending s. 560.205, F.S.; requiring the

20         submission of fingerprints by applicants for

21         registration under the Payment Instruments and

22         Funds Transmission Act; amending s. 560.211,

23         F.S.; providing a criminal penalty for

24         violating or failing to comply with

25         recordkeeping requirements; amending s.

26         560.306, F.S.; providing standards for

27         qualifying for registration under the Check

28         Cashing and Foreign Currency Exchange Act;

29         amending s. 560.310, F.S; providing a criminal

30         penalty for violating or failing to comply with

31         recordkeeping requirements; amending s. 655.50,

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  1         F.S.; revising standards for graduated

  2         penalties involving monetary instruments under

  3         the Florida Control of Money Laundering in

  4         Financial Institutions Act; providing that the

  5         corpus delicti rule, as specifically

  6         designated, does not apply; amending s.

  7         893.145, F.S.; redefining the term "drug

  8         paraphernalia"; amending s. 893.147, F.S.;

  9         providing a criminal penalty for transportation

10         of drug paraphernalia; amending s. 895.02,

11         F.S.; expanding the definition of the term

12         "racketeering activity"; amending s. 896.101,

13         F.S.; redefining the terms "transaction" and

14         "financial transaction"; defining the terms

15         "knowing" and "petitioner"; revising elements

16         of the offense to include avoidance of a money

17         transmitter's registration requirement;

18         providing that specific circumstances do not

19         constitute a defense to a prosecution;

20         providing for graduated criminal penalties,

21         fines, and civil penalties; providing for

22         temporary injunctions; providing for seizure

23         warrants; providing for immunity from liability

24         arising from lawful actions taken to comply

25         with a warrant; providing that the corpus

26         delicti rule, as specifically designated, does

27         not apply; amending s. 896.103, F.S.;

28         conforming a statutory cross-reference;

29         creating ss. 896.104, 896.105, 896.106,

30         896.107, F.S.; providing definitions; providing

31         graduated criminal penalties for evading

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  1         reporting or registration requirements in

  2         specific financial transactions; providing for

  3         fines and civil penalties; providing exceptions

  4         for undercover law enforcement purposes;

  5         providing for fugitive disentitlement;

  6         authorizing law enforcement agencies to provide

  7         informant rewards, subject to certain

  8         requirements; amending s. 921.0022, F.S.;

  9         adding specified monetary transaction offenses

10         to the Criminal Punishment Code ranking chart;

11         providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 311.12, Florida Statutes, is

16  created to read:

17         311.12  Seaport security.--

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

19  Office of the Governor, in consultation with the Florida

20  Seaport Transportation and Economic Development Council and in

21  conjunction with the Florida Department of Law Enforcement and

22  local law enforcement agencies having primary authority over

23  the affected seaports, shall develop, by January 1, 2001, a

24  statewide seaport security plan.

25         (2)  All seaports as identified pursuant to s.

26  311.09(1), in conjunction with and pending review and approval

27  by the Office of Drug Control within the Executive Office of

28  the Governor and the Florida Department of Law Enforcement,

29  and in consultation with the Florida Seaport Transportation

30  and Economic Development Council, shall, no later than January

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

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  1  particular to the specific and identifiable needs of their

  2  respective seaports.

  3         (a)  Each seaport security plan shall adhere to uniform

  4  statewide minimum security standards for the prevention of

  5  criminal activity to include money laundering. Each seaport

  6  security plan shall incorporate the security recommendations

  7  of the Florida Seaport Security Assessment 2000. Each seaport

  8  listed in s. 311.09(1) must meet the uniform statewide minimum

  9  seaport security standards.

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

11  the affected ports for purposes of inspections by the

12  Department of Law Enforcement as authorized by this section.

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

14  be performed on any applicant for employment or current

15  employee, as designated by the security plan authorized by

16  this section, who will be working within the property of or

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

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

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

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

21  required by the Department of Law Enforcement and the security

22  plan. These fingerprints shall be submitted to the Department

23  of Law Enforcement for state processing and to the Federal

24  Bureau of Investigation for federal processing. The results of

25  the checks shall be reported to the seaports in a manner

26  established by the security plan authorized by this section.

27         (4)  The affected seaports shall implement the security

28  standards developed under this section by December 31, 2001.

29  The Florida Department of Law Enforcement, or any entity

30  selected by the department, shall conduct no less than once

31  annually an unannounced inspection of each seaport listed in

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  1  s. 311.09(1) to determine whether the seaport is meeting the

  2  minimum standards established under the authority of this

  3  section. The Department of Law Enforcement, in consultation

  4  with the Office of Drug Control within the Executive Office of

  5  the Governor, must complete a report indicating the results of

  6  all such inspections conducted during the year and any

  7  suggestions or concerns developed by reason of such

  8  inspections by no later than December 31 of each year. A copy

  9  of the report shall be provided to the Governor, the President

10  of the Senate, the Speaker of the House of Representatives,

11  and the chief administrator of each seaport inspected. The

12  report shall, to the extent possible, include responses from

13  the chief administrator of any seaport about which suggestions

14  have been made or security concerns raised, indicating what

15  actions, if any, have been taken or are planned to be taken in

16  response to the suggestions or concerns noted.

17         (5)  This section may not be construed as preventing

18  any seaport from implementing security measures that are more

19  stringent, greater than, or supplemental to, the minimum

20  standards established by this section.

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 locations in this state pursuant

28  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 or a

27  money transmitter-affiliated party are violations of the code

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

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

30  registration application or the suspension or revocation of

31  any registration previously issued pursuant to the code, or

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

  2  department pursuant to the code:

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

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

  5  written agreement entered into with the department.

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

  7  negligence in any transaction involving money transmission,

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

  9  transmitter customer.

10         (c)  Fraudulent misrepresentation, circumvention, or

11  concealment of any matter required to be stated or furnished

12  to a money transmitter customer pursuant to the code,

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

14  customer.

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

16  money transmitter or authorized vendor.

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

18  for examination all books, accounts, or other documents

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

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

21  department.

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

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

24  transmitter applied for registration, would have been grounds

25  for denial of registration.

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

27  inspection of books and records in an investigation or

28  examination by the department, pursuant to the provisions of

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

30  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  as a money transmitter within any jurisdiction for fraud or

28  dishonest dealing.

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

30  registration or its equivalent, or an application for

31  registration, to practice any profession or occupation being

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

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

  3  1956, 31 U.S.C. s. 5324, or any other law, rule, or regulation

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

  5  business of money transmission or usury which may cause the

  6  denial or revocation of a money transmitter license or

  7  registration in such jurisdiction.

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

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

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

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

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

13  without regard to whether a judgment of conviction has been

14  entered by the court.

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

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

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

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

19         (p)  Having been convicted of or found guilty of or

20  having pleaded guilty or nolo contendere to misappropriation,

21  conversion, or unlawful withholding of moneys that belong to

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

23  money transmitter.

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

25  15 days after pleading guilty or nolo contendere to, or being

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

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

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

29  moral turpitude, or dishonest dealing, without regard to

30  whether a judgment of conviction has been entered by the

31  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 pay any judgment entered by any court

  7  within 30 days after judgment becomes final.

  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 after actual

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

17  violation before bringing disciplinary action under the code:

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

19  under the code;

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

21  within 30 days after judgment becomes final;

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

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

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

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

26  proceeding shall be initiated and no fine shall accrue

27  pursuant to this section until after such person has been

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

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

30  notice, to correct the 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

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

13  examinations, the department may administer oaths and examine

14  a money transmitter or any of its affiliated parties

15  concerning their operations and business activities and

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

17  believe that a money transmitter or authorized vendor is

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

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

20  make an examination of such money transmitter or authorized

21  vendor without providing advance notice. The department may

22  accept an audit or examination from any appropriate regulatory

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

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

25  department may also make a joint or concurrent examination

26  with any state or federal appropriate regulatory agency. The

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

28  money transmitter or authorized vendor to the money

29  transmitter and any appropriate regulatory agency provided

30  that such agency agrees to abide by the confidentiality

31  provisions as set forth in chapter 119.

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

  2  shall make available to the department or its examiners the

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

  4  matters which are in their immediate possession or control and

  5  which relate to the subject of the examination. Those

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

  7  matters not in their immediate possession shall be made

  8  available to the department or its examiners within 10 days

  9  after actual notice is served on such persons. 

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

11  audit of a money transmitter required under this section may

12  be performed or authorized vendor by an independent third

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

14  certified public accountant authorized to do business in the

15  United States. The examination of a money transmitter or

16  authorized vendor required under this section may be performed

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

18  department or by a certified public accountant authorized to

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

20  independent examination or audit shall be directly borne by

21  the money transmitter or authorized vendor.

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

23  regular examination and supervision of a money transmitter or

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

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

26  unless the department has determined that the money

27  transmitter or authorized vendor is operating in an unsafe or

28  unsound or unlawful manner.

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

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

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

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  1  compensate the department for costs associated with the

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

  3  the salary and travel expenses directly attributable to the

  4  field staff examining the money transmitter or authorized

  5  vendor, and the travel expenses of any supervisory staff

  6  required as a result of examination findings. Reimbursement

  7  for such costs incurred under this subsection must be

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

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

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

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

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

13  payment penalty, the department may consider the prior payment

14  history of the money transmitter or authorized vendor.

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

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

17  be audited by an independent third party that has been

18  approved by the department or by a certified public accountant

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

20  transmitter or authorized vendor shall directly bear the cost

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

22  payment instruments who can prove to the satisfaction of the

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

24  employees and authorized vendors or that its annual payment

25  instruments issued from its activities as a payment instrument

26  seller are less than $200,000.

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

28  transmitter or authorized vendor to submit quarterly reports

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

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

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

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

  2  belief. Such report must include such information as the

  3  department by rule requires for that type of money

  4  transmitter.

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

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

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

  8  administrative fine, the department may consider the prior

  9  payment history of the money transmitter or authorized vendor.

10         (3)  Any person who is not a registered money

11  transmitter and who violates, or any registered money

12  transmitter who willfully violates, this section or fails to

13  comply with any lawful written demand or order of the

14  department made under this section commits a felony of the

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

16  775.083, or s. 775.084.

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

18  Statutes, is amended and subsection (9) is added to that

19  section to read:

20         560.123  Florida control of money laundering in the

21  Money Transmitters' Code; reports of transactions involving

22  currency or monetary instruments; when required; purpose;

23  definitions; penalties.--

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

25  who willfully violates any provision of this section or

26  chapter 896 commits a misdemeanor of the first degree,

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

28         (b)  A person who is not a registered money transmitter

29  and who willfully violates any provision of this section, or

30  any registered money transmitter who willfully violates this

31  section or chapter 896, if the violation involves is:

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  1         1.  Currency or payment instruments Committed in

  2  furtherance of the commission of any other violation of any

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

  4  activity involving financial transactions exceeding $300 but

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

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

  7  775.083, or s. 775.084.

  8         2.  Currency or payment instruments totaling or

  9  exceeding Committed as part of a pattern of illegal activity

10  involving financial transactions exceeding $20,000 but less

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

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

13  775.083, or s. 775.084.

14         3.  Currency or payment instruments totaling or

15  Committed as part of a pattern of illegal activity involving

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

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

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

19         (b)(c)  In addition to the penalties otherwise

20  authorized by s. 775.082, s. 775.083, or s. 775.084, a person

21  who has been convicted of or who has pleaded guilty or nolo

22  contendere to having violated paragraph (a)(b) may be

23  sentenced to pay a fine not exceeding $250,000 or twice the

24  value of the currency or payment instruments financial

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

26  subsequent conviction for or plea of guilty or nolo contendere

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

28  $500,000 or quintuple the value of the currency or payment

29  instruments financial transaction, whichever is greater.

30         (c)(d)  A person who willfully violates this section or

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

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

  2  instruments financial transaction involved or $25,000.

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

  4         (9)  In any prosecution brought pursuant to this

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

  6  The defendant's confession or admission is admissible during

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

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

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

10  trustworthy. Before the court admits the defendant's

11  confession or admission, the state must prove by a

12  preponderance of the evidence that there is sufficient

13  corroborating evidence that tends to establish the

14  trustworthiness of the statement by the defendant. Hearsay

15  evidence is admissible during the presentation of evidence at

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

17  consider all relevant corroborating evidence, including the

18  defendant's statements.

19         Section 9.  Section 560.125, Florida Statutes, is

20  amended to read:

21         560.125  Money transmitter business by unauthorized

22  persons; penalties.--

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

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

25  transmitter in this state unless the person is exempted from

26  the registration requirements of the code.

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

28  transmitter when such money transmitter is subject to

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

30  person becomes the principal thereof, and no longer merely

31

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

  2  remitter as a principal money transmitter.

  3         (3)  Any person whose substantial interests are

  4  affected by a proceeding brought by the department pursuant to

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

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

  7  proceeding from violating any of the provisions of this

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

  9  transmitter registered pursuant to the code, any person

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

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

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

13  or association are deemed substantially affected if the

14  interests of any of its members are so affected.

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

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

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

18  department may issue and serve upon any person who violates

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

20  cease and desist order in accordance with the procedures and

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

22  also impose an administrative fine pursuant to s. 560.117(3)

23  s. 560.117(2) against any person who violates any of the

24  provisions of this section.

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

26  violation involves:

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

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

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

30  775.083, or s. 775.084.

31

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  1         (b)  Currency or payment instruments totaling or

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

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

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

  5         (c)  Currency or payment instruments totaling or

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

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

  8  775.083, or s. 775.084.

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

10  775.082, s. 775.083, or s. 775.084, a person who has been

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

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

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

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

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

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

17  payment instruments, whichever is greater.

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

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

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

21  greater.

22         (8)  In any prosecution brought pursuant to this

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

24  The defendant's confession or admission is admissible during

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

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

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

28  trustworthy. Before the court admits the defendant's

29  confession or admission, the state must prove by a

30  preponderance of the evidence that there is sufficient

31  corroborating evidence that tends to establish the

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  1  trustworthiness of the statement by the defendant. Hearsay

  2  evidence is admissible during the presentation of evidence at

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

  4  consider all relevant corroborating evidence, including the

  5  defendant's statements.

  6         Section 10.  Section 560.205, Florida Statutes, is

  7  amended to read:

  8         560.205  Qualifications of applicant for registration;

  9  contents.--

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

11  applicant must demonstrate to the department such character

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

13  and warrant the belief that the registered business will be

14  operated lawfully and fairly. The department may investigate

15  each applicant to ascertain whether the qualifications and

16  requirements prescribed by this part have been met. The

17  department's investigation may include a criminal background

18  investigation of all controlling shareholders, principals,

19  officers, directors, members, and responsible persons of a

20  funds transmitter and a payment instrument seller and all

21  persons designated by a funds transmitter or payment

22  instrument seller as an authorized vendor. Each controlling

23  shareholder, principal, officer, director, member, and

24  responsible person of a funds transmitter or payment

25  instrument seller, unless the applicant is a publicly traded

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

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

28  fingerprints taken by an authorized law enforcement officer.

29  Such fingerprints must be submitted to the Department of Law

30  Enforcement or the Federal Bureau of Investigation for state

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

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  1  requirement that applicants file a set of fingerprints or the

  2  requirement that such fingerprints be processed by the

  3  Department of Law Enforcement or the Federal Bureau of

  4  Investigation.

  5         (2)  Each application for registration must be

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

  7  department prescribes by rule and must be accompanied by a

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

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

10  application forms shall set forth such information as the

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

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

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

14  conduct of its business.

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

16  litigation, criminal convictions, pleas of nolo contendere,

17  and cases of adjudication withheld.

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

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

20  business activities in which the applicant seeks to engage in

21  this state.

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

23  authorized vendors in this state, including the location or

24  locations in this state at which the applicant and its

25  authorized vendors propose to conduct registered activities.

26         (e)  A sample authorized vendor contract, if

27  applicable.

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

29  applicable.

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

31  institution or financial institutions through which the

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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 is not a registered money

17  transmitter and who violates this section, or any registered

18  money transmitter who willfully violates this section, commits

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

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

21         Section 12.  Section 560.306, Florida Statutes, is

22  amended to read:

23         560.306  Standards.--

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

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

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

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

28  registered business will be operated lawfully and fairly. The

29  department may investigate each applicant to ascertain whether

30  the qualifications and requirements prescribed by this part

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

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  1  criminal background investigation of all controlling

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

  3  responsible persons of a check casher and a foreign currency

  4  exchanger and all persons designated by a foreign currency

  5  exchanger or check casher as an authorized vendor. Each

  6  controlling shareholder, principal, officer, director,

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

  8  currency exchanger, unless the applicant is a publicly traded

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

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

11  fingerprints taken by an authorized law enforcement officer.

12  Such fingerprints must be submitted to the Department of Law

13  Enforcement or the Federal Bureau of Investigation for state

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

15  requirement that applicants file a set of fingerprints or the

16  requirement that such fingerprints be processed by the

17  Department of Law Enforcement or the Federal Bureau of

18  Investigation.

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

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

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

22  involving moral turpitude in any jurisdiction or of a crime

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

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

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

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

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

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

29  irrespective of the pronouncement of sentence or the

30  suspension thereof. The department may take into consideration

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

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

  2  abrogated by lawful judicial process or that the person

  3  convicted of the crime received a pardon from the jurisdiction

  4  where the conviction was entered or received a certificate

  5  pursuant to any provision of law which removes the disability

  6  under this part because of such conviction.

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

  8  for registration if the applicant or money

  9  transmitter-affiliated party of the applicant is the subject

10  of a pending criminal prosecution or governmental enforcement

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

12  criminal prosecution or enforcement action.

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

14  application must specify the location at which the applicant

15  proposes to establish its principal place of business and any

16  other location, including authorized vendors operating in this

17  state. The registrant shall notify the department of any

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

19  requirement by providing the department with a list of such

20  locations, including all authorized vendors operating in this

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

22  business as a check casher or a foreign currency exchanger

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

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

25  agent in this state for service of process.

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

27  560.310, Florida Statutes, to read:

28         560.310  Records of check cashers and foreign currency

29  exchangers.--

30         (5)  Any person who is not a registered money

31  transmitter and who violates, or any registered money

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  1  transmitter who willfully violates, this section or fails to

  2  comply with any lawful written demand or order of the

  3  department made pursuant to this section commits a felony of

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

  5  775.083, or s. 775.084.

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

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

  8  section to read:

  9         655.50  Florida Control of Money Laundering in

10  Financial Institutions Act; reports of transactions involving

11  currency or monetary instruments; when required; purpose;

12  definitions; penalties.--

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

14  who willfully violates any provision of this section, chapter

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

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

17  775.082 or s. 775.083.

18         (a)(b)  A person who is not a registered money

19  transmitter and who willfully violates, or any registered

20  money transmitter who willfully violates, this section or

21  knowingly causes another to violate any provision of this

22  section, chapter 896, or any similar state or federal law,

23  when the violation involves is:

24         1.  Monetary instruments Committed in furtherance of

25  the commission of any other violation of Florida law; or

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

27  involving financial transactions exceeding $300 but less than

28  $20,000 in any 12-month period, is guilty of a felony of the

29  third degree, punishable as provided in s. 775.082 or 775.083;

30  or

31

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  1         2.3.  Monetary instruments totaling or exceeding

  2  Committed as part of a pattern of illegal activity involving

  3  financial transactions exceeding $20,000 but less than

  4  $100,000 in any 12-month period is guilty of a felony of the

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

  6  775.083; or

  7         3.4.  Monetary instruments totaling or Committed as

  8  part of a pattern of illegal activity involving financial

  9  transactions exceeding $100,000 in any 12-month period is

10  guilty of a felony of the first degree, punishable as provided

11  in s. 775.082 or s. 775.083.

12         (b)(c)  In addition to the penalties otherwise

13  authorized by ss. 775.082 and 775.083, a person who has been

14  convicted of or who has pleaded guilty or nolo contendere to

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

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

17  instruments financial transaction, whichever is greater,

18  except that on a second or subsequent conviction for or plea

19  of guilty or nolo contendere to a violation of paragraph (a)

20  (b), the fine may be up to $500,000 or quintuple the value of

21  the monetary instruments financial transaction, whichever is

22  greater.

23         (c)(d)  A person who willfully violates this section,

24  chapter 896, or any similar state or federal law is also

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

26  value of the monetary instruments financial transaction

27  involved or $25,000. However, the civil penalty may not exceed

28  $100,000.

29         (11)  In any prosecution brought pursuant to this

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

31  The defendant's confession or admission is admissible during

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

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

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

  4  trustworthy. Before the court admits the defendant's

  5  confession or admission, the state must prove by a

  6  preponderance of the evidence that there is sufficient

  7  corroborating evidence that tends to establish the

  8  trustworthiness of the statement by the defendant. Hearsay

  9  evidence is admissible during the presentation of evidence at

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

11  consider all relevant corroborating evidence, including the

12  defendant's statements.

13         Section 15.  Section 893.145, Florida Statutes, is

14  amended to read:

15         893.145  "Drug paraphernalia" defined.--The term "drug

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

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

18  in planting, propagating, cultivating, growing, harvesting,

19  manufacturing, compounding, converting, producing, processing,

20  preparing, testing, analyzing, packaging, repackaging,

21  storing, containing, concealing, transporting, injecting,

22  ingesting, inhaling, or otherwise introducing into the human

23  body a controlled substance in violation of this chapter.

24  Drug paraphernalia is deemed to be contraband which shall be

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

26  limited to:

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

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

29  harvesting of any species of plant which is a controlled

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

31

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

  2  in manufacturing, compounding, converting, producing,

  3  processing, or preparing controlled substances.

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

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

  6  plant which is a controlled substance.

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

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

  9  effectiveness, or purity of, controlled substances.

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

11  designed for use in weighing or measuring controlled

12  substances.

13         (6)  Diluents and adulterants, such as quinine

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

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

16  substances.

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

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

19  in otherwise cleaning or refining, cannabis.

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

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

22  compounding controlled substances.

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

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

25  packaging small quantities of controlled substances.

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

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

28  transporting controlled substances.

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

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

31  injecting controlled substances into the human body.

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

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

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

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

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

  6  hashish heads, or punctured metal bowls.

  7         (b)  Water pipes.

  8         (c)  Carburetion tubes and devices.

  9         (d)  Smoking and carburetion masks.

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

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

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

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

14         (g)  Chamber pipes.

15         (h)  Carburetor pipes.

16         (i)  Electric pipes.

17         (j)  Air-driven pipes.

18         (k)  Chillums.

19         (l)  Bongs.

20         (m)  Ice pipes or chillers.

21         Section 16.  Section 893.147, Florida Statutes, is

22  amended to read:

23         893.147  Use, possession, manufacture, delivery,

24  transportation, or advertisement of drug paraphernalia.--

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

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

27  use, drug paraphernalia:

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

29  manufacture, compound, convert, produce, process, prepare,

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

31  controlled substance in violation of this chapter; or

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

  2  into the human body a controlled substance in violation of

  3  this chapter.

  4

  5  Any person who violates this subsection is guilty of a

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

  7  775.082 or s. 775.083.

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

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

10  deliver, or manufacture with intent to deliver drug

11  paraphernalia, knowing, or under circumstances where one

12  reasonably should know, that it will be used:

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

14  manufacture, compound, convert, produce, process, prepare,

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

16  controlled substance in violation of this act; or

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

18  into the human body a controlled substance in violation of

19  this act.

20

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

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

23  775.083, or s. 775.084.

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

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

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

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

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

29  s. 775.084.

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

31  deliver hypodermic syringes, needles, or other objects which

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

  2  parenterally injecting substances into the human body to any

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

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

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

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

  7  valid prescription for same.  Any person who violates the

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

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

10  775.083.

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

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

13  manufacture with the intent to use drug paraphernalia, knowing

14  or under circumstances in which one reasonably should know

15  that it will be used to transport:

16         (a)  A controlled substance in violation of this

17  chapter; or

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

19

20  Any person who violates this subsection commits a felony of

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

22  775.083, or s. 775.084.

23         (5)(4)  ADVERTISEMENT OF DRUG PARAPHERNALIA.--It is

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

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

26  under circumstances where one reasonably should know, that the

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

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

29  drug paraphernalia.  Any person who violates this subsection

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

31  provided in s. 775.082 or s. 775.083.

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

  2  895.02, Florida Statutes, is amended to read:

  3         895.02  Definitions.--As used in ss. 895.01-895.08, the

  4  term:

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

  6  attempt to commit, to conspire to commit, or to solicit,

  7  coerce, or intimidate another person to commit:

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

  9  information under the following provisions of the Florida

10  Statutes:

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

12  cigarette taxes.

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

14  control.

15         3.  Section 414.39, relating to public assistance

16  fraud.

17         4.  Section 409.920, relating to Medicaid provider

18  fraud.

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

20  compensation.

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

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

23  investor protection.

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

25  relating to dogracing and horseracing.

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

27         10.  Chapter 552, relating to the manufacture,

28  distribution, and use of explosives.

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

30  the violation is punishable as a felony.

31

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  1         12.11.  Chapter 562, relating to beverage law

  2  enforcement.

  3         13.12.  Section 624.401, relating to transacting

  4  insurance without a certificate of authority, s.

  5  624.437(4)(c)1., relating to operating an unauthorized

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

  7  relating to representing or aiding an unauthorized insurer.

  8         14.13.  Section 655.50, relating to reports of currency

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

10         15.14.  Chapter 687, relating to interest and usurious

11  practices.

12         16.15.  Section 721.08, s. 721.09, or s. 721.13,

13  relating to real estate timeshare plans.

14         17.16.  Chapter 782, relating to homicide.

15         18.17.  Chapter 784, relating to assault and battery.

16         19.18.  Chapter 787, relating to kidnapping.

17         20.19.  Chapter 790, relating to weapons and firearms.

18         21.20.  Section 796.03, s. 796.04, s.  796.05, or s.

19  796.07, relating to prostitution.

20         22.21.  Chapter 806, relating to arson.

21         23.22.  Section 810.02(2)(c), relating to specified

22  burglary of a dwelling or structure.

23         24.23.  Chapter 812, relating to theft, robbery, and

24  related crimes.

25         25.24.  Chapter 815, relating to computer-related

26  crimes.

27         26.25.  Chapter 817, relating to fraudulent practices,

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

29         27.26.  Chapter 825, relating to abuse, neglect, or

30  exploitation of an elderly person or disabled adult.

31

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  1         28.27.  Section 827.071, relating to commercial sexual

  2  exploitation of children.

  3         29.28.  Chapter 831, relating to forgery and

  4  counterfeiting.

  5         30.29.  Chapter 832, relating to issuance of worthless

  6  checks and drafts.

  7         31.30.  Section 836.05, relating to extortion.

  8         32.31.  Chapter 837, relating to perjury.

  9         33.32.  Chapter 838, relating to bribery and misuse of

10  public office.

11         34.33.  Chapter 843, relating to obstruction of

12  justice.

13         35.34.  Section 847.011, s. 847.012, s. 847.013, s.

14  847.06, or s. 847.07, relating to obscene literature and

15  profanity.

16         36.35.  Section 849.09, s. 849.14, s. 849.15, s.

17  849.23, or s. 849.25, relating to gambling.

18         37.36.  Chapter 874, relating to criminal street gangs.

19         38.37.  Chapter 893, relating to drug abuse prevention

20  and control.

21         39.38.  Chapter 896, relating to offenses related to

22  financial transactions.

23         40.39.  Sections 914.22 and 914.23, relating to

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

25  retaliation against a witness, victim, or informant.

26         41.40.  Sections 918.12 and 918.13, relating to

27  tampering with jurors and evidence.

28         Section 18.  Section 896.101, Florida Statutes, is

29  amended to read:

30         896.101  Florida Money Laundering Act; definitions;

31  penalties; injunctions; seizure warrants; immunity Offense of

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  1  conduct of financial transaction involving proceeds of

  2  unlawful activity; penalties.--

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

  4  Laundering Act."

  5         (2)(1)  DEFINITIONS.--As used in this section, the

  6  term:

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

  8  transaction represents the proceeds of some form of unlawful

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

10  the transaction represented proceeds from some form, though

11  not necessarily which form, of activity that constitutes a

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

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

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

15  participating in initiating or concluding a transaction.

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

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

18  with respect to a financial institution includes a deposit,

19  withdrawal, transfer between accounts, exchange of currency,

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

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

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

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

24  whatever means effected.

25         (d)  "Financial transaction" means a transaction

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

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

28  or degree affects commerce, or a transaction involving the

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

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

31

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

  2  affect, commerce in any way or degree.

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

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

  5  personal checks, bank checks, money orders, investment

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

  7  thereto passes upon delivery, and negotiable instruments in

  8  bearer form or otherwise in such form that title thereto

  9  passes upon delivery.

10         (f)  "Financial institution" means a financial

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

12  is located in this state.

13         (g)  "Specified unlawful activity" means any

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

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

16  respect to any transaction or transportation involving more

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

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

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

20  8300, or a like report under state law and has complied with

21  that reporting requirement in accordance with law.

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

23  federal law enforcement agency; the Attorney General; any

24  state attorney; or the statewide prosecutor.

25         (3)(2)  It is unlawful a felony of the second degree,

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

27  775.084, for a person:

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

29  transaction represents the proceeds of some form of unlawful

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

31

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  1  transaction which in fact involves the proceeds of specified

  2  unlawful activity:

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

  4  specified unlawful activity; or

  5         2.  Knowing that the transaction is designed in whole

  6  or in part:

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

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

  9  specified unlawful activity; or

10         b.  To avoid a transaction reporting requirement or

11  money transmitters' registration requirement under state law.

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

13  instrument or funds:

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

15  specified unlawful activity; or

16         2.  Knowing that the monetary instrument or funds

17  involved in the transportation represent the proceeds of some

18  form of unlawful activity and knowing that such transportation

19  is designed in whole or in part:

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

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

22  specified unlawful activity; or

23         b.  To avoid a transaction reporting requirement or

24  money transmitters' registration requirement under state law.

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

26  transaction which involves property or proceeds which an

27  investigative or law enforcement officer, or someone acting

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

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

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

31  conduct is undertaken with the intent:

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  1         1.  To promote the carrying on of specified unlawful

  2  activity; or

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

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

  5  property believed to be the proceeds of specified unlawful

  6  activity; or

  7         3.  To avoid a transaction reporting requirement under

  8  state law.

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

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

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

12  in the transaction or $10,000.

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

14  "investigative or law enforcement officer" means any officer

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

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

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

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

19  arrests for, offenses enumerated in this subsection or similar

20  federal offenses.

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

22  for any violation of this chapter that:

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

24  an undercover operative or law enforcement officer, was

25  employed.

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

27  in violation of this act was provided.

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

29  the direction of a law enforcement officer, solicited a person

30  predisposed to engage in conduct in violation of any provision

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

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  1  to gain evidence against that person, provided such

  2  solicitation would not induce an ordinary law-abiding person

  3  to violate this chapter.

  4

  5  This subsection does not preclude the defense of entrapment.

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

  7  violation involves:

  8         (a)  Monetary instruments exceeding $300 but less than

  9  $20,000 in any 12-month period, commits a felony of the third

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

11  s. 775.084.

12         (b)  Monetary instruments totaling or exceeding $20,000

13  but less than $100,000 in any 12-month period, commits a

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

15  775.082, s. 775.083, or s. 775.084.

16         (c)  Monetary instruments totaling or exceeding

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

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

19  775.084.

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

21  775.082, s. 775.083, or s. 775.084, a person who has been

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

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

24  not exceeding $250,000 or twice the value of the monetary

25  instruments, whichever is greater, except that for a second or

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

27  $500,000 or quintuple the value of the monetary instruments,

28  whichever is greater.

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

30  for a civil penalty of not more than the value of the monetary

31  instruments involved or $25,000, whichever is greater.

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  1         (8)  If a person is alienating or disposing of monetary

  2  instruments, or appears likely to or demonstrates an intent to

  3  alienate or dispose of monetary instruments, used in violation

  4  of this section, chapter 560, s. 655.50, or any crime listed

  5  as specified unlawful activity under this section, or monetary

  6  instruments or funds that are traceable to any such violation,

  7  the petitioner may commence a civil action in any circuit

  8  court having jurisdiction where such monetary instruments are

  9  located or have been deposited for a temporary injunction to

10  prohibit any person from withdrawing, transferring, removing,

11  dissipating, or disposing of any such monetary instruments of

12  equivalent value. The temporary injunction will be obtained

13  pursuant to Florida Civil Rule of Procedure 1.610. This

14  section governs all temporary injunctions obtained pursuant to

15  this section and supercedes all other provisions of the rule

16  that may be inconsistent with this section. The court shall

17  take into account any anticipated impact the temporary

18  injunction will have on innocent third parties or businesses,

19  balanced against the petitioner's need to preserve the

20  monetary instruments.

21         (b)  A temporary injunction must be granted without

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

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

24  and to have the injunction dissolved.

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

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

27  opportunity for a hearing with respect to the monetary

28  instruments.

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

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

31

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

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

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

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

  5  petitioner shall immediately inform the court and the court

  6  shall immediately dissolve the temporary injunction.

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

  8  at any time before the termination of the temporary

  9  injunction, the petitioner may:

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

11  monetary instruments or funds and initiate a civil forfeiture

12  action;

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

14  monetary instruments or funds for any subsequent criminal

15  prosecution; or

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

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

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

19  the petitioner may take either of the steps outlined in

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

21  not be granted any additional extensions.

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

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

24  the person or entity in possession of the monetary instruments

25  and to the owner of the monetary instruments, if known, either

26  by certified mail, return receipt requested, or by personal

27  service, a copy of the order entered pursuant to this section

28  and a notice that the lawful owner of the monetary instruments

29  being enjoined may request a hearing to contest the order

30  entered pursuant to this section by petitioning the court that

31  issued the order. The notice must also advise that the hearing

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  1  will be held within 3 days after the request or as soon as

  2  practicable thereafter and before the expiration of the

  3  temporary order. The notice must state that the hearing will

  4  be set and noticed by the person against whom the order is

  5  entered.

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

  7  monetary instruments or funds being enjoined may request a

  8  hearing to contest the order entered pursuant to this section

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

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

11  practicable thereafter and before the expiration of the

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

13  lawful owner of the monetary instruments or his or her

14  attorney. Notice of the hearing must be provided to the

15  petitioner who procured the temporary injunction pursuant to

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

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

18  consider at a hearing held pursuant to this subsection,

19  evidence and information that would be inadmissible under the

20  Florida Rules of Evidence. A proceeding under this subsection

21  is governed by the Florida Rules of Civil Procedure.

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

23  warrant authorizing the seizure of property, monetary

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

25  manner as provided for search warrants in chapter 933.

26         (b)  Any financial institution that receives a seizure

27  warrant pursuant to paragraph (a) has a right of setoff for

28  any transaction involving a debit card occurring on or before

29  the date of receipt of such warrant.

30         (10)  Any financial institution, licensed money

31  transmitter, or other person served with and complying with

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

  2  order, including any subpoena issued under the authority

  3  granted by s. 27.04 obtained in furtherance of an

  4  investigation of any crime in this section, including any

  5  crime listed as specified unlawful activity under this section

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

  7  civil and criminal liability arising from any lawful actions

  8  taken in complying with the warrant, temporary injunction, or

  9  other court order, including any subpoena issued under the

10  authority granted by s. 27.04.

11         (11)  In any prosecution brought pursuant to chapter

12  896, the common law corpus delicti rule does not apply. The

13  defendant's confession or admission is admissible during trial

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

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

16  jury that the defendant's confession or admission is

17  trustworthy. Before the court admits the defendant's

18  confession or admission, the state must prove by a

19  preponderance of the evidence that there is sufficient

20  corroborating evidence that tends to establish the

21  trustworthiness of the statement by the defendant. Hearsay

22  evidence is admissible during the presentation of evidence at

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

24  consider all relevant corroborating evidence, including the

25  defendant's statements.

26         Section 19.  Section 896.103, Florida Statutes, is

27  amended to read:

28         896.103  Transaction which constitutes separate

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

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

31  individual currency transaction exceeding $10,000 which is

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

  2  financial transaction in violation of the provisions of s.

  3  896.101(3) s. 896.101(2) which involves the movement of funds

  4  in excess of $10,000 shall constitute a separate, punishable

  5  offense.

  6         Section 20.  Section 896.104, Florida Statutes, is

  7  created to read:

  8         896.104  Structuring transactions to evade reporting or

  9  registration requirements prohibited.--

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

11  term "structure" or "structuring" means that a person, acting

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

13  conducts or attempts to conduct one or more transactions in

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

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

16  purpose of evading currency transaction reporting requirements

17  provided by state or federal law. The term "in any manner"

18  includes, but is not limited to, the breaking down of a single

19  sum of currency exceeding $10,000 into smaller sums, including

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

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

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

23  reporting threshold at any single financial institution on any

24  single day in order to meet the definition of structure or

25  structuring provided in this subsection.

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

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

28  registration requirements of chapter 896, chapter 655, or

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

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

31

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

  2  that person occurs in this state:

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

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

  5  or registration required under those chapters and sections or

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

  7  sections;

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

  9  institution in this state to file an applicable report

10  required under those chapters and sections or any rule or

11  regulation adopted under those chapters and sections which

12  contains a material omission or misstatement of fact; or

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

14  structure or assist in structuring, any financial transaction

15  with or involving one or more financial institutions in this

16  state.

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

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

19  registration requirements of chapter 896, chapter 655, or

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

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

22  state:

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

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

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

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

27  an applicable registration or report required under those

28  chapters and sections which contains a material omission or

29  misstatement of fact; or

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

31  structure or assist in structuring, any importation or

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  1  exportation of currency or monetary instruments to, from, or

  2  through financial institutions in this state.

  3         (4)  CRIMINAL PENALTIES.--

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

  5  violation involves:

  6         1.  Monetary instruments exceeding $300 but less than

  7  $20,000 in any 12-month period, commits a felony of the third

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

  9  775.084.

10         2.  Monetary instruments totaling or exceeding $20,000

11  but less than $100,000 in any 12-month period, commits a

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

13  775.082, s. 775.083, or s. 775.084.

14         3.  Monetary instruments totaling or exceeding $100,000

15  in any 12-month period, commits a felony of the first degree,

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

17  775.084.

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

19  775.082, s. 775.083, or s. 775.084, a person who has been

20  found guilty of or who has pleaded guilty or nolo contendre to

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

22  not exceeding $250,000 or twice the value of the monetary

23  instruments, whichever is greater, except that for a second or

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

25  $500,000 or quintuple the value of the monetary instruments,

26  whichever is greater.

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

28  for a civil penalty of not more than the value of the monetary

29  instruments involved or $25,000, whichever is greater.

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

31  monetary consideration in the business of a funds transmitter

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

  2  $10,000 in currency, or foreign equivalent, without being

  3  registered as a money transmitter or designated as an

  4  authorized vendor under the provisions of chapter 560, gives

  5  rise to an inference that the transportation was done with

  6  knowledge of the registration requirements of chapter 560 and

  7  the reporting requirements of this chapter.

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

  9  to require any new or additional reporting requirements on any

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

11         Section 21.  Section 896.105, Florida Statutes, is

12  created to read:

13         896.105  Penalty provisions not applicable to law

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

15  including those directed at reporting violations or the

16  conduct or attempted conduct of unlawful financial

17  transactions, the unlawful transportation or attempted

18  transportation of monetary instruments, and the concealment of

19  unlawful proceeds or their ownership are not applicable to law

20  enforcement officers who engage in aspects of such activity

21  for bona fide authorized undercover law enforcement purposes

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

23  investigation, active criminal intelligence gathering, or

24  active prosecution.

25         Section 22.  Section 896.106, Florida Statutes, is

26  created to read:

27         896.106  Fugitive disentitlement.--A person may not use

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

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

30  third-party proceeding in any related forfeiture action if

31  that person purposely leaves the jurisdiction of this state or

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

  2  submit to its jurisdiction; or otherwise evades the

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

  4  against the person.

  5         Section 23.  Section 896.107, Florida Statutes, is

  6  created to read:

  7         896.107  Rewards for informants.--

  8         (1)  A law enforcement agency conducting any

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

10  to an individual who provides original information that leads

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

12  forfeiture.

13         (2)  The law enforcement agency shall determine the

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

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

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

17  at the time the information described in subsection (1) was

18  provided.

19         (3)  An officer or employee of the United States, a

20  state or local government, or a foreign government who in the

21  performance of official duties provides information described

22  in subsection (1) is not eligible for a reward under this

23  section.

24         (4)  Payment of a reward does not affect the

25  admissibility of testimony in any court proceeding.

26         Section 24.  Paragraphs (g), (h), and (i) of subsection

27  (3) of section 921.0022, Florida Statutes, are amended to

28  read:

29         921.0022  Criminal Punishment Code; offense severity

30  ranking chart.--

31         (3)  OFFENSE SEVERITY RANKING CHART

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  1

  2  Florida           Felony

  3  Statute           Degree             Description

  4

  5

  6                              (g)  LEVEL 7

  7  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

  8                              injury.

  9  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

10                              bodily injury.

11  402.319(2)         2nd      Misrepresentation and negligence

12                              or intentional act resulting in

13                              great bodily harm, permanent

14                              disfiguration, permanent

15                              disability, or death.

16  409.920(2)         3rd      Medicaid provider fraud.

17  494.0018(2)        1st      Conviction of any violation of

18                              ss. 494.001-494.0077 in which the

19                              total money and property

20                              unlawfully obtained exceeded

21                              $50,000 and there were five or

22                              more victims.

23  560.123(8)(a)1.    3rd      Failure to report currency or

24                              payment instruments exceeding

25                              $300 but less than $20,000 by

26                              money transmitter.

27  560.125(5)(a)      3rd      Money transmitter business by

28                              unauthorized person, currency or

29                              payment instruments exceeding

30                              $300 but less than $20,000.

31

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  1  655.50(10)(a)1.    3rd      Failure to report monetary

  2                              instruments exceeding $300 but

  3                              less than $20,000 by financial

  4                              institution.

  5  782.051(3)         2nd      Attempted felony murder of a

  6                              person by a person other than the

  7                              perpetrator or the perpetrator of

  8                              an attempted felony.

  9  782.07(1)          2nd      Killing of a human being by the

10                              act, procurement, or culpable

11                              negligence of another

12                              (manslaughter).

13  782.071            2nd      Killing of human being or viable

14                              fetus by the operation of a motor

15                              vehicle in a reckless manner

16                              (vehicular homicide).

17  782.072            2nd      Killing of a human being by the

18                              operation of a vessel in a

19                              reckless manner (vessel

20                              homicide).

21  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

22                              causing great bodily harm or

23                              disfigurement.

24  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

25                              weapon.

26  784.045(1)(b)      2nd      Aggravated battery; perpetrator

27                              aware victim pregnant.

28  784.048(4)         3rd      Aggravated stalking; violation of

29                              injunction or court order.

30  784.07(2)(d)       1st      Aggravated battery on law

31                              enforcement officer.

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  1  784.08(2)(a)       1st      Aggravated battery on a person 65

  2                              years of age or older.

  3  784.081(1)         1st      Aggravated battery on specified

  4                              official or employee.

  5  784.082(1)         1st      Aggravated battery by detained

  6                              person on visitor or other

  7                              detainee.

  8  784.083(1)         1st      Aggravated battery on code

  9                              inspector.

10  790.07(4)          1st      Specified weapons violation

11                              subsequent to previous conviction

12                              of s. 790.07(1) or (2).

13  790.16(1)          1st      Discharge of a machine gun under

14                              specified circumstances.

15  796.03             2nd      Procuring any person under 16

16                              years for prostitution.

17  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

18                              victim less than 12 years of age;

19                              offender less than 18 years.

20  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

21                              victim 12 years of age or older

22                              but less than 16 years; offender

23                              18 years or older.

24  806.01(2)          2nd      Maliciously damage structure by

25                              fire or explosive.

26  810.02(3)(a)       2nd      Burglary of occupied dwelling;

27                              unarmed; no assault or battery.

28  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

29                              unarmed; no assault or battery.

30  810.02(3)(d)       2nd      Burglary of occupied conveyance;

31                              unarmed; no assault or battery.

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  1  812.014(2)(a)      1st      Property stolen, valued at

  2                              $100,000 or more; property stolen

  3                              while causing other property

  4                              damage; 1st degree grand theft.

  5  812.019(2)         1st      Stolen property; initiates,

  6                              organizes, plans, etc., the theft

  7                              of property and traffics in

  8                              stolen property.

  9  812.131(2)(a)      2nd      Robbery by sudden snatching.

10  812.133(2)(b)      1st      Carjacking; no firearm, deadly

11                              weapon, or other weapon.

12  825.102(3)(b)      2nd      Neglecting an elderly person or

13                              disabled adult causing great

14                              bodily harm, disability, or

15                              disfigurement.

16  825.1025(2)        2nd      Lewd or lascivious battery upon

17                              an elderly person or disabled

18                              adult.

19  825.103(2)(b)      2nd      Exploiting an elderly person or

20                              disabled adult and property is

21                              valued at $20,000 or more, but

22                              less than $100,000.

23  827.03(3)(b)       2nd      Neglect of a child causing great

24                              bodily harm, disability, or

25                              disfigurement.

26  827.04(3)          3rd      Impregnation of a child under 16

27                              years of age by person 21 years

28                              of age or older.

29  837.05(2)          3rd      Giving false information about

30                              alleged capital felony to a law

31                              enforcement officer.

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  1  872.06             2nd      Abuse of a dead human body.

  2  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  3                              cocaine (or other drug prohibited

  4                              under s. 893.03(1)(a), (1)(b),

  5                              (1)(d), (2)(a), or (2)(b)) within

  6                              1,000 feet of a child care

  7                              facility or school.

  8  893.13(1)(e)       1st      Sell, manufacture, or deliver

  9                              cocaine or other drug prohibited

10                              under s. 893.03(1)(a), (1)(b),

11                              (1)(d), (2)(a), or (2)(b), within

12                              1,000 feet of property used for

13                              religious services or a specified

14                              business site.

15  893.13(4)(a)       1st      Deliver to minor cocaine (or

16                              other s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), or (2)(b) drugs).

18  893.135(1)(a)1.    1st      Trafficking in cannabis, more

19                              than 50 lbs., less than 2,000

20                              lbs.

21  893.135

22   (1)(b)1.a.        1st      Trafficking in cocaine, more than

23                              28 grams, less than 200 grams.

24  893.135

25   (1)(c)1.a.        1st      Trafficking in illegal drugs,

26                              more than 4 grams, less than 14

27                              grams.

28  893.135

29   (1)(d)1.          1st      Trafficking in phencyclidine,

30                              more than 28 grams, less than 200

31                              grams.

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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  896.104(4)(a)1.    3rd      Structuring transactions to evade

15                              reporting or registration

16                              requirements, monetary

17                              instruments exceeding $300 but

18                              less than $200,000.

19                              (h)  LEVEL 8

20  316.193

21   (3)(c)3.a.        2nd      DUI manslaughter.

22  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

23  560.123(8)(a)2.    2nd      Failure to report currency or

24                              payment instruments totaling or

25                              exceeding $20,000, but less than

26                              $100,000 by money transmitter.

27  560.125(5)(b)      2nd      Money transmitter business by

28                              unauthorized person, currency or

29                              payment instruments totaling or

30                              exceeding $20,000, but less than

31                              $100,000.

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  1  655.50(10)(a)2.    2nd      Failure to report monetary

  2                              instruments totaling or exceeding

  3                              $20,000, but less than $100,000

  4                              by financial institutions.

  5  777.03(2)(a)       1st      Accessory after the fact, capital

  6                              felony.

  7  782.04(4)          2nd      Killing of human without design

  8                              when engaged in act or attempt of

  9                              any felony other than arson,

10                              sexual battery, robbery,

11                              burglary, kidnapping, aircraft

12                              piracy, or unlawfully discharging

13                              bomb.

14  782.051(2)         1st      Attempted felony murder while

15                              perpetrating or attempting to

16                              perpetrate a felony not

17                              enumerated in s. 782.04(3).

18  782.071(2)         1st      Committing vehicular homicide and

19                              failing to render aid or give

20                              information.

21  782.072(2)         1st      Committing vessel homicide and

22                              failing to render aid or give

23                              information.

24  790.161(3)         1st      Discharging a destructive device

25                              which results in bodily harm or

26                              property damage.

27  794.011(5)         2nd      Sexual battery, victim 12 years

28                              or over, offender does not use

29                              physical force likely to cause

30                              serious injury.

31  800.04(4)          2nd      Lewd or lascivious battery.

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  1  806.01(1)          1st      Maliciously damage dwelling or

  2                              structure by fire or explosive,

  3                              believing person in structure.

  4  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

  5  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

  6                              or dangerous weapon.

  7  810.02(2)(c)       1st      Burglary of a dwelling or

  8                              structure causing structural

  9                              damage or $1,000 or more property

10                              damage.

11  812.13(2)(b)       1st      Robbery with a weapon.

12  812.135(2)         1st      Home-invasion robbery.

13  825.102(2)         2nd      Aggravated abuse of an elderly

14                              person or disabled adult.

15  825.103(2)(a)      1st      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at $100,000 or more.

18  837.02(2)          2nd      Perjury in official proceedings

19                              relating to prosecution of a

20                              capital felony.

21  837.021(2)         2nd      Making contradictory statements

22                              in official proceedings relating

23                              to prosecution of a capital

24                              felony.

25  860.121(2)(c)      1st      Shooting at or throwing any

26                              object in path of railroad

27                              vehicle resulting in great bodily

28                              harm.

29  860.16             1st      Aircraft piracy.

30

31

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  1  893.13(1)(b)       1st      Sell or deliver in excess of 10

  2                              grams of any substance specified

  3                              in s. 893.03(1)(a) or (b).

  4  893.13(2)(b)       1st      Purchase in excess of 10 grams of

  5                              any substance specified in s.

  6                              893.03(1)(a) or (b).

  7  893.13(6)(c)       1st      Possess in excess of 10 grams of

  8                              any substance specified in s.

  9                              893.03(1)(a) or (b).

10  893.135(1)(a)2.    1st      Trafficking in cannabis, more

11                              than 2,000 lbs., less than 10,000

12                              lbs.

13  893.135

14   (1)(b)1.b.        1st      Trafficking in cocaine, more than

15                              200 grams, less than 400 grams.

16  893.135

17   (1)(c)1.b.        1st      Trafficking in illegal drugs,

18                              more than 14 grams, less than 28

19                              grams.

20  893.135

21   (1)(d)1.b.        1st      Trafficking in phencyclidine,

22                              more than 200 grams, less than

23                              400 grams.

24  893.135

25   (1)(e)1.b.        1st      Trafficking in methaqualone, more

26                              than 5 kilograms, less than 25

27                              kilograms.

28  893.135

29   (1)(f)1.b.        1st      Trafficking in amphetamine, more

30                              than 28 grams, less than 200

31                              grams.

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  1  893.135

  2   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

  3                              grams or more, less than 28

  4                              grams.

  5  895.03(1)          1st      Use or invest proceeds derived

  6                              from pattern of racketeering

  7                              activity.

  8  895.03(2)          1st      Acquire or maintain through

  9                              racketeering activity any

10                              interest in or control of any

11                              enterprise or real property.

12  895.03(3)          1st      Conduct or participate in any

13                              enterprise through pattern of

14                              racketeering activity.

15  896.101(5)(b)      2nd      Money laundering, monetary

16                              instruments totaling or exceeding

17                              $20,000, but less than $100,000.

18  896.104(4)(a)2.    2nd      Structuring transactions to evade

19                              reporting or registration

20                              requirements, monetary

21                              instruments totaling or exceeding

22                              $20,000 but less than $100,000.

23                              (i)  LEVEL 9

24  316.193

25   (3)(c)3.b.        1st      DUI manslaughter; failing to

26                              render aid or give information.

27  560.123(8)(a)3.    1st      Failure to report currency or

28                              payment instruments totaling or

29                              exceeding $100,000 by money

30                              transmitter.

31

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  1  560.125(5)(c)      1st      Money transmitter business by

  2                              unauthorized person, currency, or

  3                              payment instruments totaling or

  4                              exceeding $100,000.

  5  655.50(10)(a)3.    1st      Failure to report monetary

  6                              instruments totaling or exceeding

  7                              $100,000 by financial

  8                              institution.

  9  782.04(1)          1st      Attempt, conspire, or solicit to

10                              commit premeditated murder.

11  782.04(3)          1st,PBL   Accomplice to murder in

12                              connection with arson, sexual

13                              battery, robbery, burglary, and

14                              other specified felonies.

15  782.051(1)         1st      Attempted felony murder while

16                              perpetrating or attempting to

17                              perpetrate a felony enumerated in

18                              s. 782.04(3).

19  782.07(2)          1st      Aggravated manslaughter of an

20                              elderly person or disabled adult.

21  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

22                              reward or as a shield or hostage.

23  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

24                              or facilitate commission of any

25                              felony.

26  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

27                              interfere with performance of any

28                              governmental or political

29                              function.

30

31

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  1  787.02(3)(a)       1st      False imprisonment; child under

  2                              age 13; perpetrator also commits

  3                              aggravated child abuse, sexual

  4                              battery, or lewd or lascivious

  5                              battery, molestation, conduct, or

  6                              exhibition.

  7  790.161            1st      Attempted capital destructive

  8                              device offense.

  9  794.011(2)         1st      Attempted sexual battery; victim

10                              less than 12 years of age.

11  794.011(2)         Life     Sexual battery; offender younger

12                              than 18 years and commits sexual

13                              battery on a person less than 12

14                              years.

15  794.011(4)         1st      Sexual battery; victim 12 years

16                              or older, certain circumstances.

17  794.011(8)(b)      1st      Sexual battery; engage in sexual

18                              conduct with minor 12 to 18 years

19                              by person in familial or

20                              custodial authority.

21  800.04(5)(b)       1st      Lewd or lascivious molestation;

22                              victim less than 12 years;

23                              offender 18 years or older.

24  812.13(2)(a)       1st,PBL  Robbery with firearm or other

25                              deadly weapon.

26  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

27                              deadly weapon.

28  827.03(2)          1st      Aggravated child abuse.

29  847.0145(1)        1st      Selling, or otherwise

30                              transferring custody or control,

31                              of a minor.

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  1  847.0145(2)        1st      Purchasing, or otherwise

  2                              obtaining custody or control, of

  3                              a minor.

  4  859.01             1st      Poisoning food, drink, medicine,

  5                              or water with intent to kill or

  6                              injure another person.

  7  893.135            1st      Attempted capital trafficking

  8                              offense.

  9  893.135(1)(a)3.    1st      Trafficking in cannabis, more

10                              than 10,000 lbs.

11  893.135

12   (1)(b)1.c.        1st      Trafficking in cocaine, more than

13                              400 grams, less than 150

14                              kilograms.

15  893.135

16   (1)(c)1.c.        1st      Trafficking in illegal drugs,

17                              more than 28 grams, less than 30

18                              kilograms.

19  893.135

20   (1)(d)1.c.        1st      Trafficking in phencyclidine,

21                              more than 400 grams.

22  893.135

23   (1)(e)1.c.        1st      Trafficking in methaqualone, more

24                              than 25 kilograms.

25  893.135

26   (1)(f)1.c.        1st      Trafficking in amphetamine, more

27                              than 200 grams.

28  896.101(5)(c)      1st      Money laundering, monetary

29                              instruments totaling or exceeding

30                              $100,000.

31

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  1  896.104(4)(a)3.    1st      Structuring transactions to evade

  2                              reporting or registration

  3                              requirements, monetary

  4                              instruments totaling or exceeding

  5                              $100,000.

  6         Section 25.  This act shall take effect July 1, 2000.

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                         Senate Bill 1258

10

11  -     Requires development/implementation of uniform statewide
          seaport security standards. Authorizes the Department of
12        Law Enforcement to conduct compliance investigations and
          report results. Provides for criminal history background
13        checks.

14  -     Requires records to be made available to the Department
          of Banking and Finance which are in the "immediate"
15        possession of the money transmitter; records not in the
          transmitter's immediate possession must be provided
16        within 10 days.

17  -     Requires that violations of ss. 560.118, 560.123,
          560.211, 560.310 and 655.50, F.S., be willful violation
18        only if person is a registered money transmitter.

19  -     Amends the provisions of the bill abolishing the corpus
          delicti rule to require trustworthiness test for
20        confessions and admissions with trustworthiness
          established by "preponderance of the evidence."
21
    -     Deletes the words "in whole or in part," so that the
22        Department of Banking and Finance is not required to
          register transmitters who are outside of Florida.
23
    -     Removes reference to "each authorized vender" so that
24        fingerprint requirement only applies to every
          registrant.
25
    -     Defines the terms "structure" and "structuring" for the
26        purpose of the new structuring offense in s. 896.104,
          F.S.
27
    -     Provides graduated penalties for new structuring
28        offenses and rankings of those offenses that are
          identical to other provisions of the bill providing for
29        graduated penalties and rankings.

30

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