Senate Bill 1258e2

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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 development and

  4         implementation of a statewide seaport security

  5         plan; providing for a fingerprint-based

  6         criminal history check of an applicant for

  7         employment and current employees at seaports;

  8         providing for inspections of seaports to

  9         determine compliance with minimum security

10         standards and report of results of inspections

11         performed; amending s. 560.103, F.S.; limiting

12         the definition of the term "authorized vendor"

13         as used in the Money Transmitters' Code to

14         businesses located in this state; creating s.

15         560.1073, F.S.; providing criminal penalties

16         for making or filing with the Department of

17         Banking and Finance certain false or misleading

18         statements or documents; amending s. 560.111,

19         F.S.; reducing the department's burden of

20         proving knowing intent to defraud; amending s.

21         560.114, F.S.; expanding the department's

22         disciplinary authority; amending s. 560.117,

23         F.S.; requiring the department to notify

24         licensees suspected of certain code violations

25         and permit such licensees to correct such

26         violations before bringing disciplinary action;

27         providing for an administrative fine; amending

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

29         examinations, reports, and audits of money

30         transmitters; providing a criminal penalty for

31         violations of the section; amending s. 560.123,


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  1         F.S.; revising standards for graduated

  2         penalties involving currency or payment

  3         instruments under the Florida Control of Money

  4         Laundering in Money Transmitters Act; providing

  5         that the common law corpus delicti rule does

  6         not apply to prosecutions under the Money

  7         Transmitters' Code; providing for admissibility

  8         of a defendant's confession under certain

  9         circumstances; amending s. 560.125, F.S.;

10         providing graduated criminal penalties;

11         increasing fines; providing for a civil

12         penalty; providing that the common law corpus

13         delicti rule does not apply to prosecutions

14         under the Money Transmitters' Code; providing

15         for admissibility of a defendant's confession

16         under certain circumstances; amending s.

17         560.205, F.S.; requiring the submission of

18         fingerprints by applicants for registration

19         under the Payment Instruments and Funds

20         Transmission Act; amending s. 560.211, F.S.;

21         providing a criminal penalty for failing to

22         comply with recordkeeping requirements;

23         amending s. 560.306, F.S.; providing standards

24         for qualifying for registration under the Check

25         Cashing and Foreign Currency Exchange Act;

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

27         penalty for failure to comply with

28         recordkeeping requirements; amending s. 655.50,

29         F.S.; revising standards for graduated

30         penalties involving financial transactions

31         under the Florida Control of Money Laundering


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  1         in Financial Institutions Act; providing that

  2         the common law corpus delicti rule does not

  3         apply to prosecutions under the Money

  4         Transmitters' Code; providing for admissibility

  5         of a defendant's confession under certain

  6         circumstances; amending s. 893.145, F.S.;

  7         redefining the term "drug paraphernalia";

  8         amending s. 893.147, F.S.; providing a criminal

  9         penalty for transportation of drug

10         paraphernalia; amending s. 895.02, F.S.;

11         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"; providing that

16         specific circumstances do not constitute a

17         defense to a prosecution; providing for

18         criminal penalties, fines, and civil penalties;

19         providing for injunctions; providing for

20         seizure warrants; providing for immunity from

21         liability; providing that the common law corpus

22         delicti rule does not apply to prosecutions

23         under the Money Transmitters' Code; providing

24         for admissibility of a defendant's confession

25         under certain circumstances; amending s.

26         896.103, F.S.; conforming a statutory cross

27         reference; creating ss. 896.104, 896.105,

28         896.106, and 896.107, F.S.; providing

29         definitions; providing criminal penalties for

30         evading reporting or registration requirements

31         in specific financial transactions; providing


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  1         exceptions for undercover law enforcement

  2         purposes; providing for fugitive

  3         disentitlement; providing for informant

  4         rewards; amending s. 921.0022, F.S.; adding

  5         specified monetary transactions to the Criminal

  6         Punishment Code offense severity ranking chart;

  7         creating s. 943.032, F.S.; creating the

  8         Financial Crimes Analysis Center and Financial

  9         Transaction Database within the Florida

10         Department of Law Enforcement; providing

11         requirements; providing for 15 FTE and

12         $1,600,000 the from State Transportation Fund

13         to the Department of Transportation, Office of

14         Motor Carrier Compliance, to create contraband

15         interdiction teams; specifying composition of

16         FTE positions; specifying purpose of contraband

17         interdiction teams; requiring the Department of

18         Transportation to seek additional funding from

19         federal grants and forfeiture proceedings;

20         authorizing the Department of Transportation to

21         amend its budget; providing an effective date.

22

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

24

25         Section 1.  Section 311.12, Florida Statutes, is

26  created to read:

27         311.12  Seaport security.--

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

29  Office of the Governor, in consultation with the Florida

30  Seaport Transportation and Economic Development Council, and

31  in conjunction with the Florida Department of Law Enforcement


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  1  and local law enforcement agencies having primary authority

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

  3  a statewide security plan based upon the Florida Seaport

  4  Security Assessment 2000 conducted by the Office of Drug

  5  Control.  Such plan shall establish statewide minimum

  6  standards for seaport security including the prevention of

  7  criminal activity including money laundering.  The statewide

  8  seaport security plan shall identify the funding needs for

  9  security requirements of all relevant ports and shall

10  recommend mechanisms to fund those needs including an analysis

11  of the ability of seaports to provide funding for necessary

12  improvements. The statewide seaport security plan shall be

13  submitted to the Speaker of the House of Representatives and

14  the President of the Senate and the chairs of the fiscal

15  committees of the House of Representatives and Senate for

16  review on or before January 1, 2001.

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

18  311.09(1), in conjunction with and pending review and approval

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

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

21  and in consultation with the Florida Seaport Transportation

22  and Economic Development Council, shall no later than January

23  31, 2001, develop and draft individual seaport security plans

24  particular to the specific and identifiable needs of their

25  respective seaports.

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

27  statewide minimum standards established pursuant to subsection

28  (1).

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

30  the affected ports for purposes of inspections by the

31  Department of Law Enforcement as authorized by this section.


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

  2  be performed on any applicant for employment or current

  3  employee, as designated by each security plan required by

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

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

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

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

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

  9  required by the Department of Law Enforcement and the security

10  plan. These fingerprints shall be submitted to the Department

11  of Law Enforcement for state processing and to the Federal

12  Bureau of Investigation for federal processing. The results of

13  the checks shall be reported to the seaports.

14         (4)  The affected seaports shall implement the security

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

16  contingent upon legislative approval of the statewide security

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

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

19  shall conduct no less than once annually an unannounced

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

21  whether the seaport is meeting the minimum standards

22  established under the authority of this section. The

23  Department of Law Enforcement, in consultation with the Office

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

25  shall complete a report indicating the results of all such

26  inspections conducted during the year and any suggestions or

27  concerns developed by reason of such inspections by no later

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

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

30  Speaker of the House of Representatives, and the chief

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


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  1  the extent possible, include responses from the chief

  2  administrator of any seaport about which suggestions have been

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

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

  5  the suggestions or concerns noted.

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

  7  preventing any seaport from implementing security measures

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

  9  minimum standards established by this section.

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

11  Statutes, is amended to read:

12         560.103  Definitions.--As used in the code, unless the

13  context otherwise requires:

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

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

16  behalf of the registrant at locations in this state pursuant

17  to a written contract with the registrant.

18         Section 3.  Section 560.1073, Florida Statutes, is

19  created to read:

20         560.1073  False or misleading statements or supporting

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

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

23  representative for filing with the department, any financial

24  statement or any document in support thereof which is required

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

26  the statement or document is materially false or materially

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

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

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

30  Statutes, is amended to read:

31         560.111  Prohibited acts and practices.--


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

  2  transmitter-affiliated party to:

  3         (a)  Knowingly Receive or possess itself of any

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

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

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

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

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

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

10  authorized vendor with intent to deceive or defraud such money

11  transmitter or authorized vendor;

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

13  statement of such money transmitter or authorized vendor with

14  intent to deceive or defraud such money transmitter,

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

16  deceive the department, any other state or federal appropriate

17  regulatory agency, or any authorized representative appointed

18  to examine or investigate the affairs of such money

19  transmitter or authorized vendor;

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

21  31 U.S.C. s. 5324, or any other law, rule, or regulation of

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

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

24  revocation of a money transmitter license or registration in

25  such jurisdiction;

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

27  its employees any examination report, report of condition,

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

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

30  material matter; or

31


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

  2  transmitter or authorized vendor any note, obligation, or

  3  security that the money transmitter or authorized vendor does

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

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

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

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

  8  the property of the money transmitter or authorized vendor and

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

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

11  security is fraudulent or otherwise worthless.

12         Section 5.  Section 560.114, Florida Statutes, is

13  amended to read:

14         560.114  Disciplinary actions.--

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

16  money transmitter-affiliated party are violations of the code

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

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

19  registration application or the suspension or revocation of

20  any registration previously issued pursuant to the code, or

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

22  department pursuant to the code:

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

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

25  written agreement entered into with the department.

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

27  negligence in any transaction involving money transmission,

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

29  transmitter customer.

30         (c)  Fraudulent misrepresentation, circumvention, or

31  concealment of any matter required to be stated or furnished


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  1  to a money transmitter customer pursuant to the code,

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

  3  customer.

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

  5  money transmitter or authorized vendor.

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

  7  for examination all books, accounts, or other documents

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

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

10  department.

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

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

13  transmitter applied for registration, would have been grounds

14  for denial of registration.

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

16  inspection of books and records in an investigation or

17  examination by the department, pursuant to the provisions of

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

19  department.

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

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

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

23  transaction within 30 days after the judgment becomes final.

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

25  proscribed by s. 560.111.

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

27  unsound manner.

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

29  money transmitter-affiliated party after the department has

30  issued and served upon the money transmitter a final order

31


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  1  setting forth a finding that the money transmitter-affiliated

  2  party has knowingly violated any provision of the code.

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

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

  5  or for revocation, suspension, or restriction of registration

  6  previously granted:

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

  8  misrepresentation or committing any fraud of fact in an

  9  initial or renewal application for registration.

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

11  application for registration, or a registration or its

12  equivalent, to practice any profession or occupation being

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

14  registering authority in any jurisdiction or a finding by an

15  appropriate regulatory body of engaging in unlicensed activity

16  as a money transmitter within any jurisdiction for fraud or

17  dishonest dealing.

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

19  registration or its equivalent, or an application for

20  registration, to practice any profession or occupation being

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

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

23  1956, 31 U.S.C. s. 5324, or any other law, rule, or regulation

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

25  business of money transmission or usury which may cause the

26  denial or revocation of a money transmitter license or

27  registration in such jurisdiction.

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

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

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

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


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

  2  without regard to whether a judgment of conviction has been

  3  entered by the court.

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

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

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

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

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

  9  having pleaded guilty or nolo contendere to, misappropriation,

10  conversion, or unlawful withholding of moneys that belong to

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

12  money transmitter.

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

14  15 days after pleading guilty or nolo contendere to, or being

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

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

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

18  moral turpitude, or dishonest dealing, without regard to

19  whether a judgment of conviction has been entered by the

20  court.

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

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

23  any order or rule of the department.

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

25  under the code.

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

27  within 30 days after the judgment becomes final.

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

29  the business of a money transmitter without the proper

30  registration.

31


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

  2  a registration or for revocation, suspension, or restriction

  3  of a registration previously granted under part III of this

  4  chapter.

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

  6  or removal order, suspend or revoke any previously issued

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

  8  the department against a money transmitter based on any fact

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

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

11  registration, would have been grounds for denial of

12  registration.

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

14  of its authorized vendors if the money transmitter should have

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

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

17  money transmitter willfully allowed such act to continue. Such

18  responsibility is limited to conduct engaged in by the

19  authorized vendor pursuant to the authority granted to it by

20  the money transmitter.

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

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

23  administrative action under this code, the proceeding may

24  continue as if the registration were still in effect.

25         Section 6.  Section 560.117, Florida Statutes, is

26  amended to read:

27         560.117  Administrative fines; enforcement.--

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

29  proceeding pursuant to chapter 120 to impose an administrative

30  fine against any person found to have violated any provision

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


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  1  any written agreement with the department. However, the

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

  3  the licensee has violated any of the following provisions of

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

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

  6  violation before bringing disciplinary action under the code:

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

  8  under the code;

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

10  within 30 days after the judgment becomes final;

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

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

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

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

15  proceeding shall be initiated and no fine shall accrue

16  pursuant to this section until after such person has been

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

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

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

20

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

22  $100 a day for each violation. The department may excuse any

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

24  fined.

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

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

27  continue a license or registration issued under this chapter,

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

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

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

31  each violation of this chapter.


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  1         (3)(2)  Notwithstanding any other provision of this

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

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

  4  engaging in the business of a money transmitter without being

  5  registered.

  6         (4)(3)  Any administrative fine levied by the

  7  department may be enforced by the department by appropriate

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

  9  person resides or maintains a principal office. In any

10  administrative or judicial proceeding arising under this

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

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

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

14  violation does not render moot any administrative or judicial

15  proceeding.

16         Section 7.  Section 560.118, Florida Statutes, is

17  amended to read:

18         560.118  Examinations, reports, and internal audits;

19  penalty.--

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

21  money transmitter or authorized vendor by providing not less

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

23  authorized vendor. However, if the department suspects that

24  the money transmitter or authorized vendor has violated any

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

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

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

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

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

30  money transmitter or any money transmitter-affiliated party

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


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  1  examinations, the department may administer oaths and examine

  2  a money transmitter or any of its affiliated parties

  3  concerning their operations and business activities and

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

  5  believe that a money transmitter or authorized vendor is

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

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

  8  make an examination of such money transmitter or authorized

  9  vendor without providing advance notice. The department may

10  accept an audit or examination from any appropriate regulatory

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

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

13  department may also make a joint or concurrent examination

14  with any state or federal appropriate regulatory agency. The

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

16  money transmitter or authorized vendor to the money

17  transmitter and any appropriate regulatory agency provided

18  that such agency agrees to abide by the confidentiality

19  provisions as set forth in chapter 119.

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

21  shall make available to the department or its examiners the

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

23  matters which are in their immediate possession or control and

24  which relate to the subject of the examination.  Those

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

26  matters not in their immediate possession shall be made

27  available to the department or the department's examiners

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

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

30  audit of a money transmitter required under this section may

31  be performed or authorized vendor by an independent third


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

  2  certified public accountant authorized to do business in the

  3  United States. The examination of a money transmitter or

  4  authorized vendor required under this section may be performed

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

  6  department or by a certified public accountant authorized to

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

  8  independent examination or audit shall be directly borne by

  9  the money transmitter or authorized vendor.

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

11  regular examination and supervision of a money transmitter or

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

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

14  unless the department has determined that the money

15  transmitter or authorized vendor is operating in an unsafe or

16  unsound or unlawful manner.

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

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

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

20  compensate the department for costs associated with the

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

22  the salary and travel expenses directly attributable to the

23  field staff examining the money transmitter or authorized

24  vendor, and the travel expenses of any supervisory staff

25  required as a result of examination findings. Reimbursement

26  for such costs incurred under this subsection must be

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

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

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

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

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


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  1  payment penalty, the department may consider the prior payment

  2  history of the money transmitter or authorized vendor.

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

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

  5  be audited by an independent third party that has been

  6  approved by the department or by a certified public accountant

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

  8  transmitter or authorized vendor shall directly bear the cost

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

10  payment instruments who can prove to the satisfaction of the

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

12  employees and authorized vendors or that its annual payment

13  instruments issued from its activities as a payment instrument

14  seller are less than $200,000.

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

16  transmitter or authorized vendor to submit quarterly reports

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

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

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

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

21  belief. Such report must include such information as the

22  department by rule requires for that type of money

23  transmitter.

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

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

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

27  administrative fine, the department may consider the prior

28  payment history of the money transmitter or authorized vendor.

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

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

31  department made under this section commits a felony of the


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

  2  775.083, or s. 775.084.

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

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

  5  section, to read:

  6         560.123  Florida control of money laundering in the

  7  Money Transmitters' Code; reports of transactions involving

  8  currency or monetary instruments; when required; purpose;

  9  definitions; penalties.--

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

11  who willfully violates any provision of this section or

12  chapter 896 commits a misdemeanor of the first degree,

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

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

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

16         1.  Currency or payment instruments Committed in

17  furtherance of the commission of any other violation of any

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

19  activity involving financial transactions exceeding $300 but

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

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

22  775.083, or s. 775.084.

23         2.  Currency or payment instruments totaling or

24  Committed as part of a pattern of illegal activity involving

25  financial transactions exceeding $20,000 but less than

26  $100,000 in any 12-month period, commits a felony of the

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

28  775.083, or s. 775.084.

29         3.  Currency or payment instruments totaling or

30  Committed as part of a pattern of illegal activity involving

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


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

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

  3         (c)  In addition to the penalties otherwise authorized

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

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

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

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

  8  or payment instruments financial transaction, whichever is

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

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

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

12  value of the currency or payment instruments financial

13  transaction, whichever is greater.

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

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

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

17  instruments financial transaction involved or $25,000.

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

19         (9)  In any prosecution brought pursuant to this

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

21  The defendant's confession or admission is admissible during

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

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

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

25  trustworthy. Before the court admits the defendant's

26  confession or admission, the state must prove by a

27  preponderance of the evidence that there is sufficient

28  corroborating evidence that tends to establish the

29  trustworthiness of the statement by the defendant. Hearsay

30  evidence is admissible during the presentation of evidence at

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


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  1  consider all relevant corroborating evidence, including the

  2  defendant's statements.

  3         Section 9.  Section 560.125, Florida Statutes, is

  4  amended to read:

  5         560.125  Money transmitter business by unauthorized

  6  persons; penalties.--

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

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

  9  transmitter in this state unless the person is exempted from

10  the registration requirements of the code.

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

12  transmitter when such money transmitter is subject to

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

14  person becomes the principal thereof, and no longer merely

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

16  remitter as a principal money transmitter.

17         (3)  Any person whose substantial interests are

18  affected by a proceeding brought by the department pursuant to

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

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

21  proceeding from violating any of the provisions of this

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

23  transmitter registered pursuant to the code, any person

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

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

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

27  or association are deemed substantially affected if the

28  interests of any of its members are so affected.

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

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

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


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  1  department may issue and serve upon any person who violates

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

  3  cease and desist order in accordance with the procedures and

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

  5  also impose an administrative fine pursuant to s.

  6  560.117(3)(2) against any person who violates any of the

  7  provisions of this section.

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

  9  violation involves:

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

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

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

13  775.083, or s. 775.084.

14         (b)  Currency or payment instruments totaling or

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

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

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

18         (c)  Currency or payment instruments totaling or

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

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

21  775.083, or s. 775.084.

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

23  775.082, s. 775.083, or s. 775.084, a person who has been

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

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

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

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

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

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

30  payment instruments, whichever is greater.

31


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

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

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

  4  greater.

  5         (8)  In any prosecution brought pursuant to this

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

  7  The defendant's confession or admission is admissible during

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

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

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

11  trustworthy. Before the court admits the defendant's

12  confession or admission, the state must prove by a

13  preponderance of the evidence that there is sufficient

14  corroborating evidence that tends to establish the

15  trustworthiness of the statement by the defendant. Hearsay

16  evidence is admissible during the presentation of evidence at

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

18  consider all relevant corroborating evidence, including the

19  defendant's statements.

20         Section 10.  Section 560.205, Florida Statutes, is

21  amended to read:

22         560.205  Qualifications of applicant for registration;

23  contents.--

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

25  applicant must demonstrate to the department such character

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

27  and warrant the belief that the registered business will be

28  operated lawfully and fairly. The department may investigate

29  each applicant to ascertain whether the qualifications and

30  requirements prescribed by this part have been met. The

31  department's investigation may include a criminal background


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  1  investigation of all controlling shareholders, principals,

  2  officers, directors, members and responsible persons of a

  3  funds transmitter and a payment instrument seller and all

  4  persons designated by a funds transmitter or payment

  5  instrument seller as an authorized vendor. Each controlling

  6  shareholder, principal, officer, director, member, and

  7  responsible person of a funds transmitter or payment

  8  instrument seller, 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)  Each application for registration must be

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

21  department prescribes by rule and must be accompanied by a

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

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

24  application forms shall set forth such information as the

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

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

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

28  conduct of its business.

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

30  litigation, criminal convictions, pleas of nolo contendere,

31  and cases of adjudication withheld.


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

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

  3  business activities in which the applicant seeks to engage in

  4  this state.

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

  6  authorized vendors in this state, including the location or

  7  locations in this state at which the applicant and its

  8  authorized vendors propose to conduct registered activities.

  9         (e)  A sample authorized vendor contract, if

10  applicable.

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

12  applicable.

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

14  institution or financial institutions through which the

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

16  such payment instruments will be payable.

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

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

19  fulfilled.

20         (3)  Each application for registration by an applicant

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

22  the department reasonably requires, including, but not limited

23  to:

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

25  state of incorporation.

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

27  country in which the applicant was incorporated.

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

29  applicant, including the identity of any parent or subsidiary

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

31  subsidiary is publicly traded on any stock exchange.


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

  2  employment history for the past 5 years for each executive

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

  4  responsible person who will be in charge of all the

  5  applicant's business activities in this state.

  6         (e)  The history of material litigation and criminal

  7  convictions, pleas of nolo contendere, and cases of

  8  adjudication withheld for each executive officer, each

  9  director, each controlling shareholder, and the responsible

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

11  activities.

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

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

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

15  applicant is a wholly owned subsidiary of another corporation,

16  the parent's consolidated audited financial statements may be

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

18  required to file audited financial statements may satisfy this

19  requirement by filing unaudited financial statements verified

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

21  rule.

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

23  financial statements may file copies of the applicant's

24  unconsolidated, unaudited financial statements for the current

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

26  period.

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

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

29  States Securities and Exchange Commission, or with a similar

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

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


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  1         (4)  Each application for registration submitted to the

  2  department by an applicant that is not a corporation shall

  3  also set forth such information as the department reasonably

  4  requires, including, but not limited to:

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

  6  business in this state.

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

  8  personal financial statement and employment history for the

  9  past 5 years for each individual having a controlling

10  ownership interest in the applicant, and each responsible

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

12  activities.

13         (c)  The history of material litigation and criminal

14  convictions, pleas of nolo contendere, and cases of

15  adjudication withheld for each individual having a controlling

16  ownership interest in the applicant and each responsible

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

18  activities.

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

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

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

22  file audited financial statements may satisfy this requirement

23  by filing unaudited financial statements verified under

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

25         (5)  Each applicant shall designate and maintain an

26  agent in this state for service of process.

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

28  560.211, Florida Statutes, to read:

29         560.211  Records.--

30

31


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

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

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

  4         Section 12.  Section 560.306, Florida Statutes, is

  5  amended to read:

  6         560.306  Standards.--

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

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

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

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

11  registered business will be operated lawfully and fairly. The

12  department may investigate each applicant to ascertain whether

13  the qualifications and requirements prescribed by this part

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

15  criminal background investigation of all controlling

16  shareholders, principals, officers, directors, members, and

17  responsible persons of a check casher and a foreign currency

18  exchanger and all persons designated by a foreign currency

19  exchanger or check casher as an authorized vendor. Each

20  controlling shareholder, principal, officer, director,

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

22  currency exchanger, unless the applicant is a publicly traded

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

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

25  fingerprints taken by an authorized law enforcement officer.

26  Such fingerprints must be submitted to the Department of Law

27  Enforcement or the Federal Bureau of Investigation for state

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

29  requirement that applicants file a set of fingerprints or the

30  requirement that such fingerprints be processed by the

31


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  1  Department of Law Enforcement or the Federal Bureau of

  2  Investigation.

  3         (2)(1)  The department may deny registration if it

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

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

  6  involving moral turpitude in any jurisdiction or of a crime

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

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

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

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

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

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

13  irrespective of the pronouncement of sentence or the

14  suspension thereof. The department may take into consideration

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

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

17  abrogated by lawful judicial process or that the person

18  convicted of the crime received a pardon from the jurisdiction

19  where the conviction was entered or received a certificate

20  pursuant to any provision of law which removes the disability

21  under this part because of such conviction.

22         (3)(2)  The department may deny an initial application

23  for registration if the applicant or money

24  transmitter-affiliated party of the applicant is the subject

25  of a pending criminal prosecution or governmental enforcement

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

27  criminal prosecution or enforcement action.

28         (4)(3)  Each registration application and renewal

29  application must specify the location at which the applicant

30  proposes to establish its principal place of business and any

31  other location, including authorized vendors operating in this


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    CS for CS for CS for SB 1258                  Second Engrossed



  1  state. The registrant shall notify the department of any

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

  3  requirement by providing the department with a list of such

  4  locations, including all authorized vendors operating in this

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

  6  business as a check casher or a foreign currency exchanger

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

  8         (5)(4)  Each applicant shall designate and maintain an

  9  agent in this state for service of process.

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

11  560.310, Florida Statutes, to read:

12         560.310  Records of check cashers and foreign currency

13  exchangers.--

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

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

16  department made pursuant to this section commits a felony of

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

18  775.083, or s. 775.084.

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

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

21  section, to read:

22         655.50  Florida Control of Money Laundering in

23  Financial Institutions Act; reports of transactions involving

24  currency or monetary instruments; when required; purpose;

25  definitions; penalties.--

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

27  who willfully violates any provision of this section, chapter

28  896, or any similar state or federal law is guilty of a

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

30  775.082 or s. 775.083.

31


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  1         (b)  A person who willfully violates or knowingly

  2  causes another to violate any provision of this section,

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

  4  violation involves is:

  5         1.  Committed in furtherance of the commission of any

  6  other violation of Florida law; or

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

  8  involving Financial transactions totaling or exceeding $300

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

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

11  775.082 or s. 775.083; or

12         2.3.  Committed as part of a pattern of illegal

13  activity involving Financial transactions totaling or

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

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

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

17         3.4.  Committed as part of a pattern of illegal

18  activity involving Financial transactions totaling or

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

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

21  775.082 or s. 775.083.

22         (c)  In addition to the penalties otherwise authorized

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

24  or who has pleaded guilty or nolo contendere to having

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

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

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

28  subsequent conviction for or plea of guilty or nolo contendere

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

30  $500,000 or quintuple the value of the financial transaction,

31  whichever is greater.


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

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

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

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

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

  6  penalty may not exceed $100,000.

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

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

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

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

11         (11)  In any prosecution brought pursuant to this

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

13  The defendant's confession or admission is admissible during

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

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

16  the 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 15.  Section 893.145, Florida Statutes, is

27  amended to read:

28         893.145  "Drug paraphernalia" defined.--The term "drug

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

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

31  in planting, propagating, cultivating, growing, harvesting,


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    CS for CS for CS for SB 1258                  Second Engrossed



  1  manufacturing, compounding, converting, producing, processing,

  2  preparing, testing, analyzing, packaging, repackaging,

  3  storing, containing, concealing, transporting, injecting,

  4  ingesting, inhaling, or otherwise introducing into the human

  5  body a controlled substance in violation of this chapter.

  6  Drug paraphernalia is deemed to be contraband which shall be

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

  8  limited to:

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

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

11  harvesting of any species of plant which is a controlled

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

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

14  in manufacturing, compounding, converting, producing,

15  processing, or preparing controlled substances.

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

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

18  plant which is a controlled substance.

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

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

21  effectiveness, or purity of, controlled substances.

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

23  designed for use in weighing or measuring controlled

24  substances.

25         (6)  Diluents and adulterants, such as quinine

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

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

28  substances.

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

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

31  in otherwise cleaning or refining, cannabis.


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

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

  3  compounding controlled substances.

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

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

  6  packaging small quantities of controlled substances.

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

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

  9  transporting controlled substances.

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

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

12  injecting controlled substances into the human body.

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

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

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

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

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

18  hashish heads, or punctured metal bowls.

19         (b)  Water pipes.

20         (c)  Carburetion tubes and devices.

21         (d)  Smoking and carburetion masks.

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

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

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

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

26         (g)  Chamber pipes.

27         (h)  Carburetor pipes.

28         (i)  Electric pipes.

29         (j)  Air-driven pipes.

30         (k)  Chillums.

31         (l)  Bongs.


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  1         (m)  Ice pipes or chillers.

  2         Section 16.  Section 893.147, Florida Statutes, is

  3  amended to read:

  4         893.147  Use, possession, manufacture, delivery,

  5  transportation, or advertisement of drug paraphernalia.--

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

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

  8  use, drug paraphernalia:

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

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

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

12  controlled substance in violation of this chapter; or

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

14  into the human body a controlled substance in violation of

15  this chapter.

16

17  Any person who violates this subsection is guilty of a

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

19  775.082 or s. 775.083.

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

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

22  deliver, or manufacture with intent to deliver drug

23  paraphernalia, knowing, or under circumstances where one

24  reasonably should know, that it will be used:

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

26  manufacture, compound, convert, produce, process, prepare,

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

28  controlled substance in violation of this act; or

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

30  into the human body a controlled substance in violation of

31  this act.


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  1

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

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

  4  775.083, or s. 775.084.

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

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

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

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

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

10  s. 775.084.

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

12  deliver hypodermic syringes, needles, or other objects which

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

14  parenterally injecting substances into the human body to any

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

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

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

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

19  valid prescription for same.  Any person who violates the

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

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

22  775.083.

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

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

25  manufacture with the intent to use drug paraphernalia, knowing

26  or under circumstances in which one reasonably should know

27  that it will be used to transport:

28         (a)  A controlled substance in violation of this

29  chapter; or

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

31


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  1  Any person who violates this subsection commits a felony of

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

  3  775.083, or s. 775.084.

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

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

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

  7  under circumstances where one reasonably should know, that the

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

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

10  drug paraphernalia.  Any person who violates this subsection

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

12  provided in s. 775.082 or s. 775.083.

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

14  895.02, Florida Statutes, is amended to read:

15         895.02  Definitions.--As used in ss. 895.01-895.08, the

16  term:

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

18  attempt to commit, to conspire to commit, or to solicit,

19  coerce, or intimidate another person to commit:

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

21  information under the following provisions of the Florida

22  Statutes:

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

24  cigarette taxes.

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

26  control.

27         3.  Section 414.39, relating to public assistance

28  fraud.

29         4.  Section 409.920, relating to Medicaid provider

30  fraud.

31


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

  2  compensation.

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

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

  5  investor protection.

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

  7  relating to dogracing and horseracing.

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

  9         10.  Chapter 552, relating to the manufacture,

10  distribution, and use of explosives.

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

12  the violation is punishable as a felony.

13         12.11.  Chapter 562, relating to beverage law

14  enforcement.

15         13.12.  Section 624.401, relating to transacting

16  insurance without a certificate of authority, s.

17  624.437(4)(c)1., relating to operating an unauthorized

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

19  relating to representing or aiding an unauthorized insurer.

20         14.13.  Section 655.50, relating to reports of currency

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

22         15.14.  Chapter 687, relating to interest and usurious

23  practices.

24         16.15.  Section 721.08, s. 721.09, or s. 721.13,

25  relating to real estate timeshare plans.

26         17.16.  Chapter 782, relating to homicide.

27         18.17.  Chapter 784, relating to assault and battery.

28         19.18.  Chapter 787, relating to kidnapping.

29         20.19.  Chapter 790, relating to weapons and firearms.

30         21.20.  Section 796.03, s. 796.04, s.  796.05, or s.

31  796.07, relating to prostitution.


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  1         22.21.  Chapter 806, relating to arson.

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

  3  burglary of a dwelling or structure.

  4         24.23.  Chapter 812, relating to theft, robbery, and

  5  related crimes.

  6         25.24.  Chapter 815, relating to computer-related

  7  crimes.

  8         26.25.  Chapter 817, relating to fraudulent practices,

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

10         27.26.  Chapter 825, relating to abuse, neglect, or

11  exploitation of an elderly person or disabled adult.

12         28.27.  Section 827.071, relating to commercial sexual

13  exploitation of children.

14         29.28.  Chapter 831, relating to forgery and

15  counterfeiting.

16         30.29.  Chapter 832, relating to issuance of worthless

17  checks and drafts.

18         31.30.  Section 836.05, relating to extortion.

19         32.31.  Chapter 837, relating to perjury.

20         33.32.  Chapter 838, relating to bribery and misuse of

21  public office.

22         34.33.  Chapter 843, relating to obstruction of

23  justice.

24         35.34.  Section 847.011, s. 847.012, s. 847.013, s.

25  847.06, or s. 847.07, relating to obscene literature and

26  profanity.

27         36.35.  Section 849.09, s. 849.14, s. 849.15, s.

28  849.23, or s. 849.25, relating to gambling.

29         37.36.  Chapter 874, relating to criminal street gangs.

30         38.37.  Chapter 893, relating to drug abuse prevention

31  and control.


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  1         39.38.  Chapter 896, relating to offenses related to

  2  financial transactions.

  3         40.39.  Sections 914.22 and 914.23, relating to

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

  5  retaliation against a witness, victim, or informant.

  6         41.40.  Sections 918.12 and 918.13, relating to

  7  tampering with jurors and evidence.

  8         Section 18.  Section 896.101, Florida Statutes, is

  9  amended to read:

10         896.101  Florida Money Laundering Act; definitions;

11  penalties; injunctions; seizure warrants; immunity Offense of

12  conduct of financial transaction involving proceeds of

13  unlawful activity; penalties.--

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

15  Laundering Act."

16         (2)(1)  DEFINITIONS.--As used in this section, the

17  term:

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

19  transaction represents the proceeds of some form of unlawful

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

21  the transaction represented proceeds from some form, though

22  not necessarily which form, of activity that constitutes a

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

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

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

26  participating in initiating or concluding a transaction.

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

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

29  with respect to a financial institution includes a deposit,

30  withdrawal, transfer between accounts, exchange of currency,

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


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

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

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

  4  whatever means effected.

  5         (d)  "Financial transaction" means a transaction

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

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

  8  or degree affects commerce, or a transaction involving the

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

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

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

12  affect, commerce in any way or degree.

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

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

15  personal checks, bank checks, money orders, investment

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

17  thereto passes upon delivery, and negotiable instruments in

18  bearer form or otherwise in such form that title thereto

19  passes upon delivery.

20         (f)  "Financial institution" means a financial

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

22  is located in this state.

23         (g)  "Specified unlawful activity" means any

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

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

26  respect to any transaction or transportation involving more

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

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

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

30  8300, or a like report under state law and has complied with

31  that reporting requirement in accordance with law.


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

  2  federal law enforcement agency; the Attorney General; any

  3  state attorney; or the statewide prosecutor.

  4         (3)(2)  It is unlawful a felony of the second degree,

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

  6  775.084, for a person:

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

  8  transaction represents the proceeds of some form of unlawful

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

10  transaction which in fact involves the proceeds of specified

11  unlawful activity:

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

13  specified unlawful activity; or

14         2.  Knowing that the transaction is designed in whole

15  or in part:

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

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

18  specified unlawful activity; or

19         b.  To avoid a transaction reporting requirement or

20  money transmitters' registration requirement under state law.

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

22  instrument or funds:

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

24  specified unlawful activity; or

25         2.  Knowing that the monetary instrument or funds

26  involved in the transportation represent the proceeds of some

27  form of unlawful activity and knowing that such transportation

28  is designed in whole or in part:

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

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

31  specified unlawful activity; or


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  1         b.  To avoid a transaction reporting requirement or

  2  money transmitters' registration requirement under state law.

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

  4  transaction which involves property or proceeds which an

  5  investigative or law enforcement officer, or someone acting

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

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

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

  9  conduct is undertaken with the intent:

10         1.  To promote the carrying on of specified unlawful

11  activity; or

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

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

14  property believed to be the proceeds of specified unlawful

15  activity; or

16         3.  To avoid a transaction reporting requirement under

17  state law.

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

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

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

21  in the transaction or $10,000.

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

23  "investigative or law enforcement officer" means any officer

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

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

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

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

28  arrests for, offenses enumerated in this subsection or similar

29  federal offenses.

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

31  for any violation of this chapter that:


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

  2  an undercover operative or law enforcement officer, was

  3  employed.

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

  5  in violation of this act was provided.

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

  7  direction of a law enforcement officer, solicited a person

  8  predisposed to engage in conduct in violation of any provision

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

10  to gain evidence against that person, provided such

11  solicitation would not induce an ordinary law-abiding person

12  to violate this chapter.

13

14  This subsection does not preclude the defense of entrapment.

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

16  violation involves:

17         (a)  Financial transactions exceeding $300 but less

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

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

20  775.083, or s. 775.084.

21         (b)  Financial transactions totaling or exceeding

22  $20,000 but less than $100,000 in any 12-month period, commits

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

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

25         (c)  Financial transactions totaling or exceeding

26  $100,000 in any 12-month period, commits a felony of the first

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

28  775.084.

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

30  775.082, s. 775.083, or s. 775.084, a person who has been

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


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

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

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

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

  5  $500,000 or quintuple the value of the financial transactions,

  6  whichever is greater.

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

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

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

10  greater.

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

12  monetary instruments or funds, or appears likely to or

13  demonstrates an intent to alienate or dispose of monetary

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

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

16  unlawful activity under this section, or monetary instruments

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

18  petitioner may commence a civil action in any circuit court

19  having jurisdiction where such monetary instruments or funds

20  are located or have been deposited for a temporary injunction

21  to prohibit any person from withdrawing, transferring,

22  removing, dissipating, or disposing of any such monetary

23  instruments or funds of equivalent value. The temporary

24  injunction will be obtained pursuant to Florida Civil Rule of

25  Procedure 1.610. This section governs all temporary

26  injunctions obtained pursuant to this section and supercedes

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

28  this section. The court shall take into account any

29  anticipated impact the temporary injunction will have on

30  innocent third parties or businesses, balanced against the

31


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    CS for CS for CS for SB 1258                  Second Engrossed



  1  petitioner's need to preserve the monetary instruments or

  2  funds.

  3         (b)  A temporary injunction must be granted without

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

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

  6  and to have the injunction dissolved.

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

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

  9  opportunity for a hearing with respect to the monetary

10  instruments or funds.

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

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

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

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

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

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

17  petitioner shall immediately inform the court and the court

18  shall immediately dissolve the temporary injunction.

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

20  at any time before the termination of the temporary

21  injunction, the petitioner may:

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

23  monetary instruments or funds and initiate a civil forfeiture

24  action;

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

26  monetary instruments or funds for any subsequent criminal

27  prosecution; or

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

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

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

31  the petitioner may take either of the steps outlined in


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

  2  not be granted any additional extensions.

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

  4  pursuant to this section, the petitioner shall immediately

  5  notify by certified mail, return receipt requested or by

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

  7  the monetary instruments or funds and the owner of the

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

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

10  monetary instruments or funds being enjoined may request a

11  hearing to contest and modify the order entered pursuant to

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

13  so that such notice is received within 72 hours.

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

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

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

17  whom the order is served.

18         3.  The notice shall specifically state that the lawful

19  owner has the right to produce evidence of legitimate business

20  expenses, obligations and liabilities, including but not

21  limited to, employee payroll expenses verified by current

22  Department of Labor unemployment compensation rolls, employee

23  workers' compensation insurance, employee health insurance,

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

25  as may become due before the expiration of the temporary

26  order.

27         4.  Upon determination by the court that the such

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

29  by the owner of the enjoined monetary instruments or funds

30  only to the court ordered payees through court reviewed

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


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  1  possession of the enjoined monetary instruments or funds.

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

  3  enjoined funds or monetary instruments shall only honor the

  4  payment of the check to the court ordered payee.

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

  6  monetary instruments or funds being enjoined may request a

  7  hearing to contest the order entered pursuant to this section

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

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

10  practicable thereafter and before the expiration of the

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

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

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

14  petitioner who procured the temporary injunction pursuant to

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

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

17  consider at a hearing held pursuant to this subsection,

18  evidence and information that would be inadmissible under the

19  Florida Rules of Evidence. A proceeding under this subsection

20  is governed by the Florida Rules of Civil Procedure.

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

22  warrant authorizing the seizure of property, monetary

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

24  manner as provided for search warrants in chapter 933.

25         (b)  Any financial institution that receives a seizure

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

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

28  necessary to pay any electronic transaction or check presented

29  for payment where the electronic transaction was initiated or

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

31  served on the financial institution.


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  1         (10)  Any financial institution, licensed money

  2  transmitter, or other person served with and complying with

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

  4  order, including any subpoena issued under the authority

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

  6  investigation of any crime in this section, including any

  7  crime listed as specified unlawful activity under this section

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

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

10  any lawful action taken in complying with the warrant,

11  temporary injunction, or other court order, including any

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

13  27.04.  If any subpoena issued under the authority granted by

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

15  financial institution, licensed money transmitter, employee or

16  officer of a financial institution or licensed money

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

18  indirectly, any customer of that financial institution or

19  licensed money transmitter whose records are being sought by

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

21  the existence or the contents of that subpoena or about

22  information that has been furnished to the state attorney or

23  statewide prosecutor who issued the subpoena or other law

24  enforcement officer named in the subpoena in response to the

25  subpoena.

26         (11)  In any prosecution brought pursuant to chapter

27  896, the common law corpus delicti rule does not apply. The

28  defendant's confession or admission is admissible during trial

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

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

31  jury that the defendant's confession or admission is


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  1  trustworthy. Before the court admits the defendant's

  2  confession or admission, the state must prove by a

  3  preponderance of the evidence that there is sufficient

  4  corroborating evidence that tends to establish the

  5  trustworthiness of the statement by the defendant. Hearsay

  6  evidence is admissible during the presentation of evidence at

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

  8  consider all relevant corroborating evidence, including the

  9  defendant's statements.

10         Section 19.  Section 896.103, Florida Statutes, is

11  amended to read:

12         896.103  Transaction which constitutes separate

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

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

15  individual currency transaction exceeding $10,000 which is

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

17  financial transaction in violation of the provisions of s.

18  896.101(3)(2) which involves the movement of funds in excess

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

20         Section 20.  Section 896.104, Florida Statutes, is

21  created to read:

22         896.104  Structuring transactions to evade reporting or

23  registration requirements prohibited.--

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

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

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

27  conducts or attempts to conduct one or more transactions in

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

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

30  purpose of evading currency transaction reporting requirements

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


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

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

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

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

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

  6  reporting threshold at any single financial institution on any

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

  8  "structuring" provided in this subsection.

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

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

11  registration requirements of chapter 896, chapter 655, or

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

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

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

15  that person occurs in this state:

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

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

18  or registration required under those chapters and sections or

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

20  sections;

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

22  institution in this state to file an applicable report

23  required under those chapters and sections or any rule or

24  regulation adopted under those chapters and sections which

25  contains a material omission or misstatement of fact; or

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

27  structure or assist in structuring, any financial transaction

28  with or involving one or more financial institutions in this

29  state.

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

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


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  1  registration requirements of chapter 896, chapter 655, or

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

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

  4  state:

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

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

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

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

  9  an applicable registration or report required under those

10  chapters and sections which contains a material omission or

11  misstatement of fact; or

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

13  structure or assist in structuring, any importation or

14  exportation of currency or monetary instruments or funds to,

15  from, or through financial institutions in this state.

16         (4)  CRIMINAL PENALTIES.--

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

18  violation involves:

19         1.  Financial transactions exceeding $300 but less than

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

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

22  s. 775.084.

23         2.  Financial transactions totaling or exceeding

24  $20,000 but less than $100,000 in any 12-month period, commits

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

26  775.082, s. 775.083, or s. 775.084.

27         3.  Financial transactions totaling or exceeding

28  $100,000 in any 12-month period, commits a felony of the first

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

30  s. 775.084.

31


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

  2  775.082, s. 775.083, or s. 775.084, a person who has been

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

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

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

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

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

  8  $500,000 or quintuple the value of the financial transactions,

  9  whichever is greater.

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

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

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

13  greater.

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

15  monetary consideration in the business of a funds transmitter

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

17  $10,000 in currency, or foreign equivalent, without being

18  registered as a money transmitter or designated as an

19  authorized vendor under the provisions of chapter 560, gives

20  rise to an inference that the transportation was done with

21  knowledge of the registration requirements of chapter 560 and

22  the reporting requirements of this chapter.

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

24  to require any new or additional reporting requirements on any

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

26         Section 21.  Section 896.105, Florida Statutes, is

27  created to read:

28         896.105  Penalty provisions not applicable to law

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

30  including those directed at reporting violations or the

31  conduct or attempted conduct of unlawful financial


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  1  transactions, the unlawful transportation or attempted

  2  transportation of monetary instruments, and the concealment of

  3  unlawful proceeds or their ownership are not applicable to law

  4  enforcement officers who engage in aspects of such activity

  5  for bona fide authorized undercover law enforcement purposes

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

  7  investigation, active criminal intelligence gathering, or

  8  active prosecution.

  9         Section 22.  Section 896.106, Florida Statutes, is

10  created to read:

11         896.106  Fugitive disentitlement.--A person may not use

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

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

14  third-party proceeding in any related forfeiture action if

15  that person purposely leaves the jurisdiction of this state or

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

17  submit to its jurisdiction; or otherwise evades the

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

19  against the person.

20         Section 23.  Section 896.107, Florida Statutes, is

21  created to read:

22         896.107  Rewards for informants.--

23         (1)  A law enforcement agency conducting any

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

25  to an individual who provides original information that leads

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

27  forfeiture.

28         (2)  The law enforcement agency shall determine the

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

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

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


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

  2  provided.

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

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

  5  performance of official duties provides information described

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

  7  section.

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

  9  admissibility of testimony in any court proceeding.

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

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

12  read:

13         921.0022  Criminal Punishment Code; offense severity

14  ranking chart.--

15         (3)  OFFENSE SEVERITY RANKING CHART

16

17  Florida           Felony

18  Statute           Degree             Description

19

20

21                              (g)  LEVEL 7

22  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

23                              injury.

24  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

25                              bodily injury.

26  402.319(2)         2nd      Misrepresentation and negligence

27                              or intentional act resulting in

28                              great bodily harm, permanent

29                              disfiguration, permanent

30                              disability, or death.

31  409.920(2)         3rd      Medicaid provider fraud.


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

  2                              ss. 494.001-494.0077 in which the

  3                              total money and property

  4                              unlawfully obtained exceeded

  5                              $50,000 and there were five or

  6                              more victims.

  7  560.123(8)(b)1.    3rd      Failure to report currency or

  8                              payment instruments exceeding

  9                              $300 but less than $20,000 by

10                              money transmitter.

11  560.125(5)(a)      3rd      Money transmitter business by

12                              unauthorized person, currency or

13                              payment instruments exceeding

14                              $300 but less than $20,000.

15  655.50(10)(b)1.    3rd      Failure to report financial

16                              transactions exceeding $300 but

17                              less than $20,000 by financial

18                              institution.

19  782.051(3)         2nd      Attempted felony murder of a

20                              person by a person other than the

21                              perpetrator or the perpetrator of

22                              an attempted felony.

23  782.07(1)          2nd      Killing of a human being by the

24                              act, procurement, or culpable

25                              negligence of another

26                              (manslaughter).

27  782.071            2nd      Killing of human being or viable

28                              fetus by the operation of a motor

29                              vehicle in a reckless manner

30                              (vehicular homicide).

31


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  1  782.072            2nd      Killing of a human being by the

  2                              operation of a vessel in a

  3                              reckless manner (vessel

  4                              homicide).

  5  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

  6                              causing great bodily harm or

  7                              disfigurement.

  8  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

  9                              weapon.

10  784.045(1)(b)      2nd      Aggravated battery; perpetrator

11                              aware victim pregnant.

12  784.048(4)         3rd      Aggravated stalking; violation of

13                              injunction or court order.

14  784.07(2)(d)       1st      Aggravated battery on law

15                              enforcement officer.

16  784.08(2)(a)       1st      Aggravated battery on a person 65

17                              years of age or older.

18  784.081(1)         1st      Aggravated battery on specified

19                              official or employee.

20  784.082(1)         1st      Aggravated battery by detained

21                              person on visitor or other

22                              detainee.

23  784.083(1)         1st      Aggravated battery on code

24                              inspector.

25  790.07(4)          1st      Specified weapons violation

26                              subsequent to previous conviction

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

28  790.16(1)          1st      Discharge of a machine gun under

29                              specified circumstances.

30  796.03             2nd      Procuring any person under 16

31                              years for prostitution.


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

  2                              victim less than 12 years of age;

  3                              offender less than 18 years.

  4  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

  5                              victim 12 years of age or older

  6                              but less than 16 years; offender

  7                              18 years or older.

  8  806.01(2)          2nd      Maliciously damage structure by

  9                              fire or explosive.

10  810.02(3)(a)       2nd      Burglary of occupied dwelling;

11                              unarmed; no assault or battery.

12  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

13                              unarmed; no assault or battery.

14  810.02(3)(d)       2nd      Burglary of occupied conveyance;

15                              unarmed; no assault or battery.

16  812.014(2)(a)      1st      Property stolen, valued at

17                              $100,000 or more; property stolen

18                              while causing other property

19                              damage; 1st degree grand theft.

20  812.019(2)         1st      Stolen property; initiates,

21                              organizes, plans, etc., the theft

22                              of property and traffics in

23                              stolen property.

24  812.131(2)(a)      2nd      Robbery by sudden snatching.

25  812.133(2)(b)      1st      Carjacking; no firearm, deadly

26                              weapon, or other weapon.

27  825.102(3)(b)      2nd      Neglecting an elderly person or

28                              disabled adult causing great

29                              bodily harm, disability, or

30                              disfigurement.

31


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    CS for CS for CS for SB 1258                  Second Engrossed



  1  825.1025(2)        2nd      Lewd or lascivious battery upon

  2                              an elderly person or disabled

  3                              adult.

  4  825.103(2)(b)      2nd      Exploiting an elderly person or

  5                              disabled adult and property is

  6                              valued at $20,000 or more, but

  7                              less than $100,000.

  8  827.03(3)(b)       2nd      Neglect of a child causing great

  9                              bodily harm, disability, or

10                              disfigurement.

11  827.04(3)          3rd      Impregnation of a child under 16

12                              years of age by person 21 years

13                              of age or older.

14  837.05(2)          3rd      Giving false information about

15                              alleged capital felony to a law

16                              enforcement officer.

17  872.06             2nd      Abuse of a dead human body.

18  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

19                              cocaine (or other drug prohibited

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

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

22                              1,000 feet of a child care

23                              facility or school.

24  893.13(1)(e)       1st      Sell, manufacture, or deliver

25                              cocaine or other drug prohibited

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

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

28                              1,000 feet of property used for

29                              religious services or a specified

30                              business site.

31


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

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

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

  4  893.135(1)(a)1.    1st      Trafficking in cannabis, more

  5                              than 50 lbs., less than 2,000

  6                              lbs.

  7  893.135

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

  9                              28 grams, less than 200 grams.

10  893.135

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

12                              more than 4 grams, less than 14

13                              grams.

14  893.135

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

16                              more than 28 grams, less than 200

17                              grams.

18  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

19                              than 200 grams, less than 5

20                              kilograms.

21  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

22                              than 14 grams, less than 28

23                              grams.

24  893.135

25   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

26                              grams or more, less than 14

27                              grams.

28  896.101(5)(a)      3rd      Money laundering, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

31


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

  2                              reporting or registration

  3                              requirements, financial

  4                              transactions exceeding $300 but

  5                              less than $20,000.

  6                              (h)  LEVEL 8

  7  316.193

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

  9  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

10  560.123(8)(b)2.    2nd      Failure to report currency or

11                              payment instruments totaling or

12                              exceeding $20,000, but less than

13                              $100,000 by money transmitter.

14  560.125(5)(b)      2nd      Money transmitter business by

15                              unauthorized person, currency or

16                              payment instruments totaling or

17                              exceeding $20,000, but less than

18                              $100,000.

19  655.50(10)(b)2.    2nd      Failure to report financial

20                              transactions totaling or

21                              exceeding $20,000, but less than

22                              $100,000 by financial

23                              institutions.

24  777.03(2)(a)       1st      Accessory after the fact, capital

25                              felony.

26

27

28

29

30

31


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  1  782.04(4)          2nd      Killing of human without design

  2                              when engaged in act or attempt of

  3                              any felony other than arson,

  4                              sexual battery, robbery,

  5                              burglary, kidnapping, aircraft

  6                              piracy, or unlawfully discharging

  7                              bomb.

  8  782.051(2)         1st      Attempted felony murder while

  9                              perpetrating or attempting to

10                              perpetrate a felony not

11                              enumerated in s. 782.04(3).

12  782.071(2)         1st      Committing vehicular homicide and

13                              failing to render aid or give

14                              information.

15  782.072(2)         1st      Committing vessel homicide and

16                              failing to render aid or give

17                              information.

18  790.161(3)         1st      Discharging a destructive device

19                              which results in bodily harm or

20                              property damage.

21  794.011(5)         2nd      Sexual battery, victim 12 years

22                              or over, offender does not use

23                              physical force likely to cause

24                              serious injury.

25  800.04(4)          2nd      Lewd or lascivious battery.

26  806.01(1)          1st      Maliciously damage dwelling or

27                              structure by fire or explosive,

28                              believing person in structure.

29  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

30  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

31                              or dangerous weapon.


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

  2                              structure causing structural

  3                              damage or $1,000 or more property

  4                              damage.

  5  812.13(2)(b)       1st      Robbery with a weapon.

  6  812.135(2)         1st      Home-invasion robbery.

  7  825.102(2)         2nd      Aggravated abuse of an elderly

  8                              person or disabled adult.

  9  825.103(2)(a)      1st      Exploiting an elderly person or

10                              disabled adult and property is

11                              valued at $100,000 or more.

12  837.02(2)          2nd      Perjury in official proceedings

13                              relating to prosecution of a

14                              capital felony.

15  837.021(2)         2nd      Making contradictory statements

16                              in official proceedings relating

17                              to prosecution of a capital

18                              felony.

19  860.121(2)(c)      1st      Shooting at or throwing any

20                              object in path of railroad

21                              vehicle resulting in great bodily

22                              harm.

23  860.16             1st      Aircraft piracy.

24  893.13(1)(b)       1st      Sell or deliver in excess of 10

25                              grams of any substance specified

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

27  893.13(2)(b)       1st      Purchase in excess of 10 grams of

28                              any substance specified in s.

29                              893.03(1)(a) or (b).

30

31


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

  2                              any substance specified in s.

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

  4  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

  6                              lbs.

  7  893.135

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

  9                              200 grams, less than 400 grams.

10  893.135

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

12                              more than 14 grams, less than 28

13                              grams.

14  893.135

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

16                              more than 200 grams, less than

17                              400 grams.

18  893.135

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

20                              than 5 kilograms, less than 25

21                              kilograms.

22  893.135

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

24                              than 28 grams, less than 200

25                              grams.

26  893.135

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

28                              grams or more, less than 28

29                              grams.

30

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

  2                              from pattern of racketeering

  3                              activity.

  4  895.03(2)          1st      Acquire or maintain through

  5                              racketeering activity any

  6                              interest in or control of any

  7                              enterprise or real property.

  8  895.03(3)          1st      Conduct or participate in any

  9                              enterprise through pattern of

10                              racketeering activity.

11  896.101(5)(b)      2nd      Money laundering, financial

12                              transactions totaling or

13                              exceeding $20,000, but less than

14                              $100,000.

15  896.104(4)(a)2.    2nd      Structuring transactions to evade

16                              reporting or registration

17                              requirements, financial

18                              transactions totaling or

19                              exceeding $20,000 but less than

20                              $100,000.

21                              (i)  LEVEL 9

22  316.193

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

24                              render aid or give information.

25  560.123(8)(b)3.    1st      Failure to report currency or

26                              payment instruments totaling or

27                              exceeding $100,000 by money

28                              transmitter.

29

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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)(b)3.    1st      Failure to report financial

  6                              transactions totaling or

  7                              exceeding $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, financial

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, financial

  4                              transactions totaling or

  5                              exceeding $100,000.

  6         Section 25.  Section 943.032, Florida Statutes, is

  7  created to read:

  8         943.032  Financial Crime Analysis Center and Financial

  9  Transaction Database.--

10         (1)  There is created within the Florida Department of

11  Law Enforcement a Financial Crime Analysis Center and a

12  Financial Transaction Database.

13         (2)  The department shall compile information and data

14  available from financial transaction reports required to be

15  submitted by state or federal law that are provided to the

16  Department of Banking and Finance, to the Department of

17  Revenue, or to which the department otherwise has access.

18  Information and data so received shall be utilized by the

19  department in the Financial Transaction Database.  The

20  department shall implement a system utilizing the database

21  that allows data review and processing to reveal patterns,

22  trends and correlations that are indicative of money

23  laundering or other financial transactions indicative of

24  criminal activity.  The department shall, in consultation with

25  the Department of Banking and Finance and the Department of

26  Revenue, establish the methods and parameters by which

27  information and data received by the Department of Banking and

28  Finance or the Department of Revenue are transferred to the

29  department for inclusion in the database.  Information

30  developed in or through the use of the database shall be made

31  available to law enforcement agencies and prosecutors in this


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  1  state in a manner defined by the department and as allowed by

  2  state or federal law or regulation.  All information contained

  3  in the database shall be considered "active criminal

  4  intelligence" or "active criminal investigative information"

  5  as defined in s. 119.011.

  6         (3)  The Financial Crime Analysis Center shall analyze

  7  and develop information relating to money laundering, perform

  8  post-seizure analysis of currency and drug seizures in drug

  9  cases, and access information and data in the Financial

10  Transaction Database for the purposes of assisting the

11  department's drug and money laundering investigation and

12  forfeiture efforts, assisting the efforts of law enforcement

13  agencies and prosecutors in this state in investigating

14  ongoing, organized drug trafficking and money laundering

15  activities occurring within the state, and assisting the

16  department in investigations of other financial transactions

17  indicative of criminal activity.  The center may perform

18  proactive analyses of information and intelligence to assist

19  in identifying those who may be engaging in money laundering,

20  drug-related criminal activity, or other criminal activity

21  involving financial transactions, but who have evaded

22  detection, investigation, or prosecution.

23         Section 26.  For fiscal year 2000-2001, 15 FTE and

24  $1,600,000 from the State Transportation Trust Fund are

25  appropriated to the Department of Transportation, Office of

26  Motor Carrier Compliance, for the purpose of creating a

27  contraband interdiction program within the Office of Motor

28  Carrier Compliance.  The 15 FTE consists of seven certified

29  K-9 handlers, seven felony officers, and one support staff.

30  The teams are created to patrol major highway corridors and

31  commercial weigh stations in order to reduce the flow of


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  1  illicit drugs and illegal contraband on Florida's highway

  2  systems.  The department shall seek additional funding from

  3  federal grants and forfeiture proceedings, and may amend its

  4  budget in accordance with the provisions of chapter 216,

  5  Florida Statutes.

  6         Section 27.  This act shall take effect July 1, 2000.

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