House Bill 1607

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    Florida House of Representatives - 2000                HB 1607

        By the Committee on Crime & Punishment and Representative
    Ball





  1                      A bill to be entitled

  2         An act relating to money laundering; creating

  3         s. 311.12, F.S.; providing for minimum

  4         standards for seaport security; amending s.

  5         560.103, F.S.; limiting the definition of the

  6         term "authorized vendor" as used in the Money

  7         Transmitters' Code to businesses located in

  8         this state; creating s. 560.1073, F.S.;

  9         providing criminal penalties for making or

10         filing with the Department of Banking and

11         Finance certain false or misleading statements

12         or documents; amending s. 560.111, F.S.;

13         reducing the department's burden of proving

14         knowing intent to defraud; amending s. 560.114,

15         F.S.; expanding the department's disciplinary

16         authority; amending s. 560.117, F.S.; requiring

17         the department to notify licensees suspected of

18         certain code violations and permit such

19         licensees to correct such violations before

20         bringing disciplinary action; providing for an

21         administrative fine; amending s. 560.118, F.S.;

22         revising requirements for examinations,

23         reports, and audits of money transmitters;

24         providing a criminal penalty for violations of

25         the section; amending s. 560.123, F.S.;

26         revising standards for graduated penalties

27         involving currency or payment instruments under

28         the Florida Control of Money Laundering in

29         Money Transmitters Act; providing that the

30         common law corpus delicti rule does not apply

31         to prosecutions under the Money Transmitters'

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  1         Code; amending s. 560.125, F.S.; providing

  2         graduated criminal penalties; increasing fines;

  3         providing for a civil penalty; amending s.

  4         560.205, F.S.; requiring the submission of

  5         fingerprints by applicants for registration

  6         under the Payment Instruments and Funds

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

  8         providing a criminal penalty for failing to

  9         comply with recordkeeping requirements;

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

11         for qualifying for registration under the Check

12         Cashing and Foreign Currency Exchange Act;

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

14         penalty for failure to comply with

15         recordkeeping requirements; amending s. 655.50,

16         F.S.; revising standards for graduated

17         penalties involving monetary instruments under

18         the Florida Control of Money Laundering in

19         Financial Institutions Act; amending s.

20         893.145, F.S.; redefining the term "drug

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

22         providing a criminal penalty for transportation

23         of drug paraphernalia; amending s. 895.02,

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

25         "racketeering activity"; amending s. 896.101,

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

27         "financial transaction"; defining the terms

28         "knowing" and "petitioner"; providing that

29         specific circumstances do not constitute a

30         defense to a prosecution; providing for

31         criminal penalties, fines, and civil penalties;

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  1         providing for injunctions; providing for

  2         seizure warrants; providing for immunity from

  3         liability; amending s. 896.103, F.S.;

  4         conforming a statutory cross reference;

  5         creating ss. 896.104, 896.105, 896.106, and

  6         896.107, F.S.; providing criminal penalties for

  7         evading reporting or registration requirements

  8         in specific financial transactions; providing

  9         exceptions for undercover law enforcement

10         purposes; providing for fugitive

11         disentitlement; providing for informant

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

13         specified monetary transactions to the Criminal

14         Punishment Code offense severity ranking chart;

15         providing an effective date.

16

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

18

19         Section 1.  Section 311.12, Florida Statutes, is

20  created to read:

21         311.12  Seaport security.--

22         (1)  The Florida Seaport Transportation and Economic

23  Development Council, in conjunction with the Florida

24  Department of Law Enforcement, shall develop, by January 1,

25  2001, uniform statewide minimum security standards for the

26  prevention of criminal activity, including money laundering in

27  all Florida seaports represented on the Florida Seaport

28  Transportation and Economic Development Council. Minimum

29  standards must include:

30         (a)  Perimeter security fencing with controlled access.

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  1         (b)  Interior fencing, whenever practical, to enclose

  2  areas around restricted cargo areas and buildings.

  3         (c)  Gates and gatehouses located at all perimeter and

  4  interior access points to control access to restricted areas.

  5         (d)  Lighting sufficient to adequately illuminate

  6  terminal operations and cargo areas.

  7         (e)  Signs designating restricted areas.

  8         (f)  Securely controlled parking access.

  9         (g)  Closed circuit television cameras in sensitive

10  security areas.

11         (h)  The use of qualified, professional security

12  personnel.

13         (i)  An identification system to control port access to

14  strategic work and cargo storage areas.

15         (j)  Background checks for all personnel working in

16  sensitive areas.

17         (2)  The affected ports shall implement the security

18  standards developed under this section by July 1, 2001. The

19  Florida Department of Law Enforcement must certify compliance

20  with the minimum security standards for each affected port.

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

22  Statutes, is amended to read:

23         560.103  Definitions.--As used in the code, unless the

24  context otherwise requires:

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

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

27  behalf of the registrant at locations in this state pursuant

28  to a written contract with the registrant.

29         Section 3.  Section 560.1073, Florida Statutes, is

30  created to read:

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  1         560.1073  False or misleading statements or supporting

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

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

  4  representative for filing with the department, any financial

  5  statement or any document in support thereof which is required

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

  7  the statement or document is materially false or materially

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

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

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

11  Statutes, is amended to read:

12         560.111  Prohibited acts and practices.--

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

14  transmitter-affiliated party to:

15         (a)  Knowingly Receive or possess itself of any

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

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

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

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

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

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

22  authorized vendor with intent to deceive or defraud such money

23  transmitter or authorized vendor;

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

25  statement of such money transmitter or authorized vendor with

26  intent to deceive or defraud such money transmitter,

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

28  deceive the department, any other state or federal appropriate

29  regulatory agency, or any authorized representative appointed

30  to examine or investigate the affairs of such money

31  transmitter or authorized vendor;

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

  2  31 U.S.C. s. 5324, or any other law, rule, or regulation of

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

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

  5  revocation of a money transmitter license or registration in

  6  such jurisdiction;

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

  8  its employees any examination report, report of condition,

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

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

11  material matter; or

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

13  transmitter or authorized vendor any note, obligation, or

14  security that the money transmitter or authorized vendor does

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

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

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

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

19  the property of the money transmitter or authorized vendor and

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

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

22  security is fraudulent or otherwise worthless.

23         Section 5.  Section 560.114, Florida Statutes, is

24  amended to read:

25         560.114  Disciplinary actions.--

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

27  money transmitter-affiliated party are violations of the code

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

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

30  registration application or the suspension or revocation of

31  any registration previously issued pursuant to the code, or

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

  2  department pursuant to the code:

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

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

  5  written agreement entered into with the department.

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

  7  negligence in any transaction involving money transmission,

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

  9  transmitter customer.

10         (c)  Fraudulent misrepresentation, circumvention, or

11  concealment of any matter required to be stated or furnished

12  to a money transmitter customer pursuant to the code,

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

14  customer.

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

16  money transmitter or authorized vendor.

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

18  for examination all books, accounts, or other documents

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

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

21  department.

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

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

24  transmitter applied for registration, would have been grounds

25  for denial of registration.

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

27  inspection of books and records in an investigation or

28  examination by the department, pursuant to the provisions of

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

30  department.

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

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

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

  4  transaction within 30 days after the judgment becomes final.

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

  6  proscribed by s. 560.111.

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

  8  unsound manner.

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

10  money transmitter-affiliated party after the department has

11  issued and served upon the money transmitter a final order

12  setting forth a finding that the money transmitter-affiliated

13  party has knowingly violated any provision of the code.

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

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

16  or for revocation, suspension, or restriction of registration

17  previously granted:

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

19  misrepresentation or committing any fraud of fact in an

20  initial or renewal application for registration.

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

22  application for registration, or a registration or its

23  equivalent, to practice any profession or occupation being

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

25  registering authority in any jurisdiction or a finding by an

26  appropriate regulatory body of engaging in unlicensed activity

27  as a money transmitter within any jurisdiction for fraud or

28  dishonest dealing.

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

30  registration or its equivalent, or an application for

31  registration, to practice any profession or occupation being

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

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

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

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

  5  business of money transmission or usury which may cause the

  6  denial or revocation of a money transmitter license or

  7  registration in such jurisdiction.

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

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

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

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

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

13  without regard to whether a judgment of conviction has been

14  entered by the court.

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

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

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

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

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

20  having pleaded guilty or nolo contendere to, misappropriation,

21  conversion, or unlawful withholding of moneys that belong to

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

23  money transmitter.

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

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

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

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

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

29  moral turpitude, or dishonest dealing, without regard to

30  whether a judgment of conviction has been entered by the

31  court.

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

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

  3  any order or rule of the department.

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

  5  under the code.

  6         (t)  Failure to timely pay any judgment entered by any

  7  court within 30 days after the judgment becomes final.

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

  9  the business of a money transmitter without the proper

10  registration.

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

12  a registration or for revocation, suspension, or restriction

13  of a registration previously granted under part III of this

14  chapter.

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

16  or removal order, suspend or revoke any previously issued

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

18  the department against a money transmitter based on any fact

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

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

21  registration, would have been grounds for denial of

22  registration.

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

24  of its authorized vendors if the money transmitter should have

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

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

27  money transmitter willfully allowed such act to continue. Such

28  responsibility is limited to conduct engaged in by the

29  authorized vendor pursuant to the authority granted to it by

30  the money transmitter.

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

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

  3  administrative action under this code, the proceeding may

  4  continue as if the registration were still in effect.

  5         Section 6.  Section 560.117, Florida Statutes, is

  6  amended to read:

  7         560.117  Administrative fines; enforcement.--

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

  9  proceeding pursuant to chapter 120 to impose an administrative

10  fine against any person found to have violated any provision

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

12  any written agreement with the department. However, the

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

14  the licensee has violated any of the following provisions of

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

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

17  violation before bringing disciplinary action under the code:

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

19  under the code;

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

21  court within 30 days after the judgment becomes final;

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

23  change of control of a money transmitter as required by s.

24  560.127; or

25         (d)  Failure to timely notify the department of any

26  change of address or fictitious name as required by s.

27  560.205. No such proceeding shall be initiated and no fine

28  shall accrue pursuant to this section until after such person

29  has been notified in writing of the nature of the violation

30  and has been afforded a reasonable period of time, as set

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  1  forth in the notice, to correct the violation and has failed

  2  to do so.

  3

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

  5  $100 a day for each violation. The department may excuse any

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

  7  fined.

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

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

10  continue a license or registration issued under this chapter,

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

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

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

14  each violation of this chapter.

15         (3)(2)  Notwithstanding any other provision of this

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

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

18  engaging in the business of a money transmitter without being

19  registered.

20         (4)(3)  Any administrative fine levied by the

21  department may be enforced by the department by appropriate

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

23  person resides or maintains a principal office. In any

24  administrative or judicial proceeding arising under this

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

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

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

28  violation does not render moot any administrative or judicial

29  proceeding.

30         Section 7.  Section 560.118, Florida Statutes, is

31  amended to read:

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  1         560.118  Examinations, reports, and internal audits;

  2  penalty.--

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

  4  money transmitter or authorized vendor by providing not less

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

  6  authorized vendor. However, if the department suspects that

  7  the money transmitter or authorized vendor has violated any

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

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

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

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

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

13  money transmitter or any money transmitter-affiliated party

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

15  examinations, the department may administer oaths and examine

16  the directors, officers, principal shareholders, employees,

17  and vendors of a money transmitter or any of its affiliated

18  parties concerning their operations and business activities

19  and affairs.; however, whenever the department has reason to

20  believe that a money transmitter or authorized vendor is

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

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

23  make an examination of such money transmitter or authorized

24  vendor without providing advance notice. The department may

25  accept an audit or examination from any appropriate regulatory

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

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

28  department may also make a joint or concurrent examination

29  with any state or federal appropriate regulatory agency. The

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

31  money transmitter or authorized vendor to the money

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  1  transmitter and any appropriate regulatory agency provided

  2  that such agency agrees to abide by the confidentiality

  3  provisions as set forth in chapter 119.

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

  5  shall make available to the department or its examiners the

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

  7  matters which are in their immediate possession or control and

  8  which relate to the subject of the examination.  Those

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

10  matters not in their immediate possession shall be made

11  available to the department or the department's examiners

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

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

14  audit of a money transmitter required under this section may

15  be performed or authorized vendor by an independent third

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

17  certified public accountant authorized to do business in the

18  United States. The examination of a money transmitter or

19  authorized vendor required under this section may be performed

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

21  department or by a certified public accountant authorized to

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

23  independent examination or audit shall be directly borne by

24  the money transmitter or authorized vendor.

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

26  regular examination and supervision of a money transmitter or

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

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

29  unless the department has determined that the money

30  transmitter or authorized vendor is operating in an unsafe or

31  unsound or unlawful manner.

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

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

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

  4  compensate the department for costs associated with the

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

  6  the salary and travel expenses directly attributable to the

  7  field staff examining the money transmitter or authorized

  8  vendor, and the travel expenses of any supervisory staff

  9  required as a result of examination findings. Reimbursement

10  for such costs incurred under this subsection must be

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

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

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

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

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

16  payment penalty, the department may consider the prior payment

17  history of the money transmitter or authorized vendor.

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

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

20  be audited by an independent third party that has been

21  approved by the department or by a certified public accountant

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

23  transmitter or authorized vendor shall directly bear the cost

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

25  payment instruments who can prove to the satisfaction of the

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

27  employees and authorized vendors or that its annual payment

28  instruments issued from its activities as a payment instrument

29  seller are less than $200,000.

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

31  transmitter or authorized vendor to submit quarterly reports

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

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

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

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

  5  belief. Such report must include such information as the

  6  department by rule requires for that type of money

  7  transmitter.

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

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

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

11  administrative fine, the department may consider the prior

12  payment history of the money transmitter or authorized vendor.

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

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

15  department made under this section commits a felony of the

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

17  775.083, or s. 775.084.

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

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

20  section, to read:

21         560.123  Florida control of money laundering in the

22  Money Transmitters' Code; reports of transactions involving

23  currency or monetary instruments; when required; purpose;

24  definitions; penalties.--

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

26  who willfully violates any provision of this section or

27  chapter 896 commits a misdemeanor of the first degree,

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

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

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

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  1         1.  Currency or payment instruments Committed in

  2  furtherance of the commission of any other violation of any

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

  4  activity involving financial transactions exceeding $300 but

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

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

  7  775.083, or s. 775.084.

  8         2.  Currency or payment instruments totaling Committed

  9  as part of a pattern of illegal activity involving financial

10  transactions exceeding $20,000 but less than $100,000 in any

11  12-month period, commits a felony of the second degree,

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

13  775.084.

14         3.  Currency or payment instruments totaling or

15  Committed as part of a pattern of illegal activity involving

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

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

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

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

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

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

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

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

24  value of the currency or payment instruments financial

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

26  subsequent conviction for or plea of guilty or nolo contendere

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

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

29  instruments financial transaction, whichever is greater.

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

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

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

  2  instruments financial transaction involved or $25,000.

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

  4         (9)  In any prosecution brought pursuant to this

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

  6         Section 9.  Section 560.125, Florida Statutes, is

  7  amended to read:

  8         560.125  Money transmitter business by unauthorized

  9  persons; penalties.--

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

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

12  transmitter in this state unless the person is exempted from

13  the registration requirements of the code.

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

15  transmitter when such money transmitter is subject to

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

17  person becomes the principal thereof, and no longer merely

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

19  remitter as a principal money transmitter.

20         (3)  Any person whose substantial interests are

21  affected by a proceeding brought by the department pursuant to

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

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

24  proceeding from violating any of the provisions of this

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

26  transmitter registered pursuant to the code, any person

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

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

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

30  or association are deemed substantially affected if the

31  interests of any of its members are so affected.

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  1         (4)  Any person who violates the provisions of 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. The

  4  department may issue and serve upon any person who violates

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

  6  cease and desist order in accordance with the procedures and

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

  8  also impose an administrative fine pursuant to s.

  9  560.117(3)(2) against any person who violates any of the

10  provisions of this section.

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

12  violation involves:

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

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

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

16  775.083, or s. 775.084.

17         (b)  Currency or payment instruments totaling $20,000

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

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

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

21         (c)  Currency or payment instruments totaling or

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

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

24  775.083, or s. 775.084.

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

26  775.082, s. 775.083, or s. 775.084, a person who has been

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

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

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

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

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

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

  2  payment instruments, whichever is greater.

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

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

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

  6  greater.

  7         (8)  In any prosecution brought pursuant to this

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

  9         Section 10.  Section 560.205, Florida Statutes, is

10  amended to read:

11         560.205  Qualifications of applicant for registration;

12  contents.--

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

14  applicant must demonstrate to the department such character

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

16  and warrant the belief that the registered business will be

17  operated lawfully and fairly. The department may investigate

18  each applicant to ascertain whether the qualifications and

19  requirements prescribed by this part have been met. The

20  department's investigation may include a criminal background

21  investigation of all controlling shareholders, principals,

22  officers, directors, members and responsible persons of a

23  funds transmitter and a payment instrument seller and all

24  persons designated by a funds transmitter or payment

25  instrument seller as an authorized vendor. Each controlling

26  shareholder, principal, officer, director, member, and

27  responsible person of a funds transmitter or payment

28  instrument seller, unless the applicant is a publicly traded

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

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

31  fingerprints taken by an authorized law enforcement officer.

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  1  Such fingerprints must be submitted to the Department of Law

  2  Enforcement or the Federal Bureau of Investigation for state

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

  4  requirement that applicants file a set of fingerprints or the

  5  requirement that such fingerprints be processed by the

  6  Department of Law Enforcement or the Federal Bureau of

  7  Investigation.

  8         (2)  Each application for registration must be

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

10  department prescribes by rule and must be accompanied by a

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

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

13  application forms shall set forth such information as the

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

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

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

17  conduct of its business.

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

19  litigation, criminal convictions, pleas of nolo contendere,

20  and cases of adjudication withheld.

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

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

23  business activities in which the applicant seeks to engage in

24  this state.

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

26  authorized vendors in this state, including the location or

27  locations in this state at which the applicant and its

28  authorized vendors propose to conduct registered activities.

29         (e)  A sample authorized vendor contract, if

30  applicable.

31

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

  2  applicable.

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

  4  institution or financial institutions through which the

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

  6  such payment instruments will be payable.

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

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

  9  fulfilled.

10         (3)  Each application for registration by an applicant

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

12  the department reasonably requires, including, but not limited

13  to:

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

15  state of incorporation.

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

17  country in which the applicant was incorporated.

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

19  applicant, including the identity of any parent or subsidiary

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

21  subsidiary is publicly traded on any stock exchange.

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

23  employment history for the past 5 years for each executive

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

25  responsible person who will be in charge of all the

26  applicant's business activities in this state.

27         (e)  The history of material litigation and criminal

28  convictions, pleas of nolo contendere, and cases of

29  adjudication withheld for each executive officer, each

30  director, each controlling shareholder, and the responsible

31

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

  2  activities.

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

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

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

  6  applicant is a wholly owned subsidiary of another corporation,

  7  the parent's consolidated audited financial statements may be

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

  9  required to file audited financial statements may satisfy this

10  requirement by filing unaudited financial statements verified

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

12  rule.

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

14  financial statements may file copies of the applicant's

15  unconsolidated, unaudited financial statements for the current

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

17  period.

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

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

20  States Securities and Exchange Commission, or with a similar

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

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

23         (4)  Each application for registration submitted to the

24  department by an applicant that is not a corporation shall

25  also set forth such information as the department reasonably

26  requires, including, but not limited to:

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

28  business in this state.

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

30  personal financial statement and employment history for the

31  past 5 years for each individual having a controlling

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  1  ownership interest in the applicant, and each responsible

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

  3  activities.

  4         (c)  The history of material litigation and criminal

  5  convictions, pleas of nolo contendere, and cases of

  6  adjudication withheld for each individual having a controlling

  7  ownership interest in the applicant and each responsible

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

  9  activities.

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

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

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

13  file audited financial statements may satisfy this requirement

14  by filing unaudited financial statements verified under

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

16         (5)  Each applicant shall designate and maintain an

17  agent in this state for service of process.

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

19  560.211, Florida Statutes, to read:

20         560.211  Records.--

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

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

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

24         Section 12.  Section 560.306, Florida Statutes, is

25  amended to read:

26         560.306  Standards.--

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

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

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

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

31  registered business will be operated lawfully and fairly. The

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  1  department may investigate each applicant to ascertain whether

  2  the qualifications and requirements prescribed by this part

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

  4  criminal background investigation of all controlling

  5  shareholders, principals, officers, directors, members, and

  6  responsible persons of a check casher and a foreign currency

  7  exchanger and all persons designated by a foreign currency

  8  exchanger or check casher as an authorized vendor. Each

  9  controlling shareholder, principal, officer, director,

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

11  currency exchanger, unless the applicant is a publicly traded

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

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

14  fingerprints taken by an authorized law enforcement officer.

15  Such fingerprints must be submitted to the Department of Law

16  Enforcement or the Federal Bureau of Investigation for state

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

18  requirement that applicants file a set of fingerprints or the

19  requirement that such fingerprints be processed by the

20  Department of Law Enforcement or the Federal Bureau of

21  Investigation.

22         (2)(1)  The department may deny registration if it

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

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

25  involving moral turpitude in any jurisdiction or of a crime

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

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

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

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

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

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

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  1  irrespective of the pronouncement of sentence or the

  2  suspension thereof. The department may take into consideration

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

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

  5  abrogated by lawful judicial process or that the person

  6  convicted of the crime received a pardon from the jurisdiction

  7  where the conviction was entered or received a certificate

  8  pursuant to any provision of law which removes the disability

  9  under this part because of such conviction.

10         (3)(2)  The department may deny an initial application

11  for registration if the applicant or money

12  transmitter-affiliated party of the applicant is the subject

13  of a pending criminal prosecution or governmental enforcement

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

15  criminal prosecution or enforcement action.

16         (4)(3)  Each registration application and renewal

17  application must specify the location at which the applicant

18  proposes to establish its principal place of business and any

19  other location, including authorized vendors operating in this

20  state. The registrant shall notify the department of any

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

22  requirement by providing the department with a list of such

23  locations, including all authorized vendors operating in this

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

25  business as a check casher or a foreign currency exchanger

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

27         (5)(4)  Each applicant shall designate and maintain an

28  agent in this state for service of process.

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

30  560.310, Florida Statutes, to read:

31

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  1         560.310  Records of check cashers and foreign currency

  2  exchangers.--

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

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

  5  department made pursuant to this section commits a felony of

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

  7  775.083, or s. 775.084.

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

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

10  section, to read:

11         655.50  Florida Control of Money Laundering in

12  Financial Institutions Act; reports of transactions involving

13  currency or monetary instruments; when required; purpose;

14  definitions; penalties.--

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

16  who willfully violates any provision of this section, chapter

17  896, or any similar state or federal law is guilty of a

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

19  775.082 or s. 775.083.

20         (a)(b)  A person who willfully violates or knowingly

21  causes another to violate any provision of this section,

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

23  violation involves is:

24         1.  Monetary instruments Committed in furtherance of

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

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

27  involving financial transactions exceeding $300 but less than

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

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

30  or

31

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  1         2.3.  Monetary instruments totaling Committed as part

  2  of a pattern of illegal activity involving financial

  3  transactions exceeding $20,000 but less than $100,000 in any

  4  12-month period is guilty of a felony of the second degree,

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

  6         3.4.  Monetary instruments totaling or Committed as

  7  part of a pattern of illegal activity involving financial

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

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

10  in s. 775.082 or s. 775.083.

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

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

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

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

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

16  instruments financial transaction, whichever is greater,

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

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

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

20  the monetary instruments financial transaction, whichever is

21  greater.

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

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

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

25  value of the monetary instruments financial transaction

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

27  $100,000.

28         (11)  In any prosecution brought pursuant to this

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

30         Section 15.  Section 893.145, Florida Statutes, is

31  amended to read:

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  1         893.145  "Drug paraphernalia" defined.--The term "drug

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

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

  4  in planting, propagating, cultivating, growing, harvesting,

  5  manufacturing, compounding, converting, producing, processing,

  6  preparing, testing, analyzing, packaging, repackaging,

  7  storing, containing, concealing, transporting, injecting,

  8  ingesting, inhaling, or otherwise introducing into the human

  9  body a controlled substance in violation of this chapter.

10  Drug paraphernalia is deemed to be contraband which shall be

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

12  limited to:

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

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

15  harvesting of any species of plant which is a controlled

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

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

18  in manufacturing, compounding, converting, producing,

19  processing, or preparing controlled substances.

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

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

22  plant which is a controlled substance.

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

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

25  effectiveness, or purity of, controlled substances.

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

27  designed for use in weighing or measuring controlled

28  substances.

29         (6)  Diluents and adulterants, such as quinine

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

31

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

  2  substances.

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

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

  5  in otherwise cleaning or refining, cannabis.

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

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

  8  compounding controlled substances.

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

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

11  packaging small quantities of controlled substances.

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

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

14  transporting controlled substances.

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

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

17  injecting controlled substances into the human body.

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

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

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

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

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

23  hashish heads, or punctured metal bowls.

24         (b)  Water pipes.

25         (c)  Carburetion tubes and devices.

26         (d)  Smoking and carburetion masks.

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

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

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

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

31         (g)  Chamber pipes.

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  1         (h)  Carburetor pipes.

  2         (i)  Electric pipes.

  3         (j)  Air-driven pipes.

  4         (k)  Chillums.

  5         (l)  Bongs.

  6         (m)  Ice pipes or chillers.

  7         Section 16.  Section 893.147, Florida Statutes, is

  8  amended to read:

  9         893.147  Use, possession, manufacture, delivery,

10  transportation, or advertisement of drug paraphernalia.--

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

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

13  use, drug paraphernalia:

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

15  manufacture, compound, convert, produce, process, prepare,

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

17  controlled substance in violation of this chapter; or

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

19  into the human body a controlled substance in violation of

20  this chapter.

21

22  Any person who violates this subsection is guilty of a

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

24  775.082 or s. 775.083.

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

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

27  deliver, or manufacture with intent to deliver drug

28  paraphernalia, knowing, or under circumstances where one

29  reasonably should know, that it will be used:

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

31  manufacture, compound, convert, produce, process, prepare,

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

  2  controlled substance in violation of this act; or

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

  4  into the human body a controlled substance in violation of

  5  this act.

  6

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

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

  9  775.083, or s. 775.084.

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

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

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

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

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

15  s. 775.084.

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

17  deliver hypodermic syringes, needles, or other objects which

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

19  parenterally injecting substances into the human body to any

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

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

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

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

24  valid prescription for same.  Any person who violates the

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

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

27  775.083.

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

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

30  manufacture with the intent to use drug paraphernalia, knowing

31

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  1  or under circumstances in which one reasonably should know

  2  that it will be used to transport:

  3         (a)  A controlled substance in violation of this

  4  chapter; or

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

  6

  7  Any person who violates this subsection commits a felony of

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

  9  775.083, or s. 775.084.

10         (5)(4)  ADVERTISEMENT OF DRUG PARAPHERNALIA.--It is

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

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

13  under circumstances where one reasonably should know, that the

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

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

16  drug paraphernalia.  Any person who violates this subsection

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

18  provided in s. 775.082 or s. 775.083.

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

20  895.02, Florida Statutes, is amended to read:

21         895.02  Definitions.--As used in ss. 895.01-895.08, the

22  term:

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

24  attempt to commit, to conspire to commit, or to solicit,

25  coerce, or intimidate another person to commit:

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

27  information under the following provisions of the Florida

28  Statutes:

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

30  cigarette taxes.

31

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

  2  control.

  3         3.  Section 414.39, relating to public assistance

  4  fraud.

  5         4.  Section 409.920, relating to Medicaid provider

  6  fraud.

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

  8  compensation.

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

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

11  investor protection.

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

13  relating to dogracing and horseracing.

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

15         10.  Chapter 552, relating to the manufacture,

16  distribution, and use of explosives.

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

18  the violation is punishable as a felony.

19         12.11.  Chapter 562, relating to beverage law

20  enforcement.

21         13.12.  Section 624.401, relating to transacting

22  insurance without a certificate of authority, s.

23  624.437(4)(c)1., relating to operating an unauthorized

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

25  relating to representing or aiding an unauthorized insurer.

26         14.13.  Section 655.50, relating to reports of currency

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

28         15.14.  Chapter 687, relating to interest and usurious

29  practices.

30         16.15.  Section 721.08, s. 721.09, or s. 721.13,

31  relating to real estate timeshare plans.

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  1         17.16.  Chapter 782, relating to homicide.

  2         18.17.  Chapter 784, relating to assault and battery.

  3         19.18.  Chapter 787, relating to kidnapping.

  4         20.19.  Chapter 790, relating to weapons and firearms.

  5         21.20.  Section 796.03, s. 796.04, s.  796.05, or s.

  6  796.07, relating to prostitution.

  7         22.21.  Chapter 806, relating to arson.

  8         23.22.  Section 810.02(2)(c), relating to specified

  9  burglary of a dwelling or structure.

10         24.23.  Chapter 812, relating to theft, robbery, and

11  related crimes.

12         25.24.  Chapter 815, relating to computer-related

13  crimes.

14         26.25.  Chapter 817, relating to fraudulent practices,

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

16         27.26.  Chapter 825, relating to abuse, neglect, or

17  exploitation of an elderly person or disabled adult.

18         28.27.  Section 827.071, relating to commercial sexual

19  exploitation of children.

20         29.28.  Chapter 831, relating to forgery and

21  counterfeiting.

22         30.29.  Chapter 832, relating to issuance of worthless

23  checks and drafts.

24         31.30.  Section 836.05, relating to extortion.

25         32.31.  Chapter 837, relating to perjury.

26         33.32.  Chapter 838, relating to bribery and misuse of

27  public office.

28         34.33.  Chapter 843, relating to obstruction of

29  justice.

30

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  1         35.34.  Section 847.011, s. 847.012, s. 847.013, s.

  2  847.06, or s. 847.07, relating to obscene literature and

  3  profanity.

  4         36.35.  Section 849.09, s. 849.14, s. 849.15, s.

  5  849.23, or s. 849.25, relating to gambling.

  6         37.36.  Chapter 874, relating to criminal street gangs.

  7         38.37.  Chapter 893, relating to drug abuse prevention

  8  and control.

  9         39.38.  Chapter 896, relating to offenses related to

10  financial transactions.

11         40.39.  Sections 914.22 and 914.23, relating to

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

13  retaliation against a witness, victim, or informant.

14         41.40.  Sections 918.12 and 918.13, relating to

15  tampering with jurors and evidence.

16         Section 18.  Section 896.101, Florida Statutes, is

17  amended to read:

18         896.101  Florida Money Laundering Act; definitions;

19  penalties; injunctions; seizure warrants; immunity Offense of

20  conduct of financial transaction involving proceeds of

21  unlawful activity; penalties.--

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

23  Laundering Act."

24         (2)(1)  DEFINITIONS.--As used in this section, the

25  term:

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

27  transaction represents the proceeds of some form of unlawful

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

29  the transaction represented proceeds from some form, though

30  not necessarily which form, of activity that constitutes a

31

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

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

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

  4  participating in initiating or concluding a transaction.

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

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

  7  with respect to a financial institution includes a deposit,

  8  withdrawal, transfer between accounts, exchange of currency,

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

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

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

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

13  whatever means effected.

14         (d)  "Financial transaction" means a transaction

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

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

17  or degree affects commerce, or a transaction involving the

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

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

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

21  affect, commerce in any way or degree.

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

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

24  personal checks, bank checks, money orders, investment

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

26  thereto passes upon delivery, and negotiable instruments in

27  bearer form or otherwise in such form that title thereto

28  passes upon delivery.

29         (f)  "Financial institution" means a financial

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

31  is located in this state.

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  1         (g)  "Specified unlawful activity" means any

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

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

  4  respect to any transaction or transportation involving more

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

  6  means should have known after reasonable inquiry, unless the

  7  person has a duty to file a federal currency transaction

  8  report, IRS Form 8300, or a like report under state law and

  9  has complied with that reporting requirement in accordance

10  with law.

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

12  federal law enforcement agency; the Attorney General; any

13  state attorney; or the statewide prosecutor.

14         (3)(2)  It is unlawful a felony of the second degree,

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

16  775.084, for a person:

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

18  transaction represents the proceeds of some form of unlawful

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

20  transaction which in fact involves the proceeds of specified

21  unlawful activity:

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

23  specified unlawful activity; or

24         2.  Knowing that the transaction is designed in whole

25  or in part:

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

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

28  specified unlawful activity; or

29         b.  To avoid a transaction reporting requirement or

30  money transmitters' registration requirement under state law.

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

  2  instrument or funds:

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

  4  specified unlawful activity; or

  5         2.  Knowing that the monetary instrument or funds

  6  involved in the transportation represent the proceeds of some

  7  form of unlawful activity and knowing that such transportation

  8  is designed in whole or in part:

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

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

11  specified unlawful activity; or

12         b.  To avoid a transaction reporting requirement or

13  money transmitters' registration requirement under state law.

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

15  transaction which involves property or proceeds which an

16  investigative or law enforcement officer, or someone acting

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

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

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

20  conduct is undertaken with the intent:

21         1.  To promote the carrying on of specified unlawful

22  activity; or

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

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

25  property believed to be the proceeds of specified unlawful

26  activity; or

27         3.  To avoid a transaction reporting requirement under

28  state law.

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

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

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

  2  in the transaction or $10,000.

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

  4  "investigative or law enforcement officer" means any officer

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

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

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

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

  9  arrests for, offenses enumerated in this subsection or similar

10  federal offenses.

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

12  for any violation of this chapter that:

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

14  an undercover operative or law enforcement officer, was

15  employed.

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

17  in violation of this act was provided.

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

19  direction of a law enforcement officer, solicited a person

20  predisposed to engage in conduct in violation of any provision

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

22  to gain evidence against that person, provided such

23  solicitation would not induce an ordinary law-abiding person

24  to violate this chapter.

25

26  This subsection does not preclude the defense of entrapment.

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

28  violation involves:

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

30  $20,000 in any 12-month period, commits a felony of the third

31

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

  2  s. 775.084.

  3         (b)  Monetary instruments totaling $20,000 but less

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

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

  6  775.083, or s. 775.084.

  7         (c)  Monetary instruments totaling or exceeding

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

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

10  775.084.

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

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

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

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

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

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

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

18  $500,000 or quintuple the value of the monetary instruments,

19  whichever is greater.

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

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

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

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

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

25  alienate or dispose of monetary instruments, used in violation

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

27  as specified unlawful activity under this section, or monetary

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

29  the petitioner may commence a civil action in any circuit

30  court having jurisdiction where such monetary instruments are

31  located or have been deposited for a temporary injunction to

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  1  prohibit any person from withdrawing, transferring, removing,

  2  dissipating, or disposing of any such monetary instruments of

  3  equivalent value. The temporary injunction will be obtained

  4  pursuant to Florida Civil Rule of Procedure 1.610. This

  5  section governs all temporary injunctions obtained pursuant to

  6  this section and supercedes all other provisions of the rule

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

  8  take into account any anticipated impact the temporary

  9  injunction will have on innocent third parties or businesses,

10  balanced against the petitioner's need to preserve the

11  monetary instruments.

12         (b)  A temporary injunction must be granted without

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

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

15  and to have the injunction dissolved.

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

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

18  opportunity for a hearing with respect to the monetary

19  instruments.

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

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

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

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

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

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

26  petitioner shall immediately inform the court and the court

27  shall immediately dissolve the temporary injunction.

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

29  at any time before the termination of the temporary

30  injunction, the petitioner may:

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

  2  monetary instruments or funds and initiate a civil forfeiture

  3  action;

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

  5  monetary instruments or funds for any subsequent criminal

  6  prosecution; or

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

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

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

10  the petitioner may take either of the steps outlined in

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

12  not be granted any additional extensions.

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

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

15  the person or entity in possession of the monetary instruments

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

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

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

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

20  being enjoined may request a hearing to contest the order

21  entered pursuant to this section by petitioning the court that

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

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

24  practicable thereafter and before the expiration of the

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

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

27  entered.

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

29  monetary instruments or funds being enjoined may request a

30  hearing to contest the order entered pursuant to this section

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

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

  2  practicable thereafter and before the expiration of the

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

  4  lawful owner of the monetary instruments or his or her

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

  6  petitioner who procured the temporary injunction pursuant to

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

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

  9  consider at a hearing held pursuant to this subsection,

10  evidence and information that would be inadmissible under the

11  Florida Rules of Evidence. A proceeding under this subsection

12  is governed by the Florida Rules of Civil Procedure.

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

14  warrant authorizing the seizure of property, monetary

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

16  manner as provided for search warrants in chapter 933.

17         (b)  Any financial institution that receives a seizure

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

19  any transaction involving a debit card occurring on or before

20  the date of receipt of such warrant.

21         (10)  Any financial institution, licensed money

22  transmitter, or other person served with and complying with

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

24  order, including any subpoena issued under the authority

25  granted by s. 27.04 obtained in furtherance of an

26  investigation of any crime in this section, including any

27  crime listed as specified unlawful activity under this section

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

29  civil and criminal liability arising from any lawful actions

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

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  1  other court order, including any subpoena issued under the

  2  authority granted by s. 27.04.

  3         (11)  In any prosecution brought pursuant to chapter

  4  896, the common law corpus delicti rule does not apply.

  5         Section 19.  Section 896.103, Florida Statutes, is

  6  amended to read:

  7         896.103  Transaction which constitutes separate

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

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

10  individual currency transaction exceeding $10,000 which is

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

12  financial transaction in violation of the provisions of s.

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

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

15         Section 20.  Section 896.104, Florida Statutes, is

16  created to read:

17         896.104  Structuring transactions to evade reporting or

18  registration requirements prohibited.--

19         (1)  DOMESTIC COIN AND CURRENCY TRANSACTIONS.--A person

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

21  registration requirements of chapter 896, chapter 655, or

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

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

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

25  that person occurs in this state:

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

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

28  or registration required under those chapters and sections or

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

30  sections;

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

  2  institution in this state to file an applicable report

  3  required under those chapters and sections or any rule or

  4  regulation adopted under those chapters and sections which

  5  contains a material omission or misstatement of fact; or

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

  7  structure or assist in structuring, any financial transaction

  8  with or involving one or more financial institutions in this

  9  state.

10         (2)  INTERNATIONAL MONETARY INSTRUMENT TRANSACTIONS.--A

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

12  registration requirements of chapter 896, chapter 655, or

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

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

15  state:

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

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

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

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

20  an applicable registration or report required under those

21  chapters and sections which contains a material omission or

22  misstatement of fact; or

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

24  structure or assist in structuring, any importation or

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

26  through financial institutions in this state.

27         (3)  CRIMINAL PENALTIES.--

28         (a)  A violation of this section, except as provided in

29  paragraph (b), is a felony of the third degree, punishable as

30  provided in s. 775.082, s. 775.83, or s. 775.084.

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  1         (b)  Whoever commits a subsequent violation of this

  2  section or violates this section while violating another law

  3  of this state or of the United States or as part of a pattern

  4  of any illegal activity involving more than $100,000 in a

  5  12-month period commits a felony of the second degree,

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

  7  775.084.

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

  9  monetary consideration in the business of a funds transmitter

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

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

12  registered as a money transmitter or designated as an

13  authorized vendor under the provisions of chapter 560, gives

14  rise to an inference that the transportation was done with

15  knowledge of the registration requirements of chapter 560 and

16  the reporting requirements of this chapter.

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

18  to require any new or additional reporting requirements on any

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

20         Section 21.  Section 896.105, Florida Statutes, is

21  created to read:

22         896.105  Penalty provisions not applicable to law

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

24  including those directed at reporting violations or the

25  conduct or attempted conduct of unlawful financial

26  transactions, the unlawful transportation or attempted

27  transportation of monetary instruments, and the concealment of

28  unlawful proceeds or their ownership are not applicable to law

29  enforcement officers who engage in aspects of such activity

30  for bona fide authorized undercover law enforcement purposes

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

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  1  investigation, active criminal intelligence gathering, or

  2  active prosecution.

  3         Section 22.  Section 896.106, Florida Statutes, is

  4  created to read:

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

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

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

  8  third-party proceeding in any related forfeiture action if

  9  that person purposely leaves the jurisdiction of this state or

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

11  submit to its jurisdiction; or otherwise evades the

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

13  against the person.

14         Section 23.  Section 896.107, Florida Statutes, is

15  created to read:

16         896.107  Rewards for informants.--

17         (1)  A law enforcement agency conducting any

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

19  to an individual who provides original information that leads

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

21  forfeiture.

22         (2)  The law enforcement agency shall determine the

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

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

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

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

27  provided.

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

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

30  performance of official duties provides information described

31

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

  2  section.

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

  4  admissibility of testimony in any court proceeding.

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

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

  7  read:

  8         921.0022  Criminal Punishment Code; offense severity

  9  ranking chart.--

10         (3)  OFFENSE SEVERITY RANKING CHART

11

12  Florida           Felony

13  Statute           Degree             Description

14

15

16                              (g)  LEVEL 7

17  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

18                              injury.

19  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

20                              bodily injury.

21  402.319(2)         2nd      Misrepresentation and negligence

22                              or intentional act resulting in

23                              great bodily harm, permanent

24                              disfiguration, permanent

25                              disability, or death.

26  409.920(2)         3rd      Medicaid provider fraud.

27

28

29

30

31

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

16                              instruments 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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  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, monetary

29                              instruments exceeding $300 but

30                              less than $20,000.

31                              (h)  LEVEL 8

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  1  316.193

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

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

  4  560.123(8)(a)2.    2nd      Failure to report currency or

  5                              payment instruments exceeding

  6                              $20,000, but less than $100,000

  7                              by money transmitter.

  8  560.125(5)(b)      2nd      Money transmitter business by

  9                              unauthorized person, currency or

10                              payment instruments exceeding

11                              $20,000, but less than $100,000.

12  655.50(10)(a)2.    2nd      Failure to report monetary

13                              instruments exceeding $20,000,

14                              but less than $100,000 by

15                              financial institutions.

16  777.03(2)(a)       1st      Accessory after the fact, capital

17                              felony.

18  782.04(4)          2nd      Killing of human without design

19                              when engaged in act or attempt of

20                              any felony other than arson,

21                              sexual battery, robbery,

22                              burglary, kidnapping, aircraft

23                              piracy, or unlawfully discharging

24                              bomb.

25  782.051(2)         1st      Attempted felony murder while

26                              perpetrating or attempting to

27                              perpetrate a felony not

28                              enumerated in s. 782.04(3).

29  782.071(2)         1st      Committing vehicular homicide and

30                              failing to render aid or give

31                              information.

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  1  782.072(2)         1st      Committing vessel homicide and

  2                              failing to render aid or give

  3                              information.

  4  790.161(3)         1st      Discharging a destructive device

  5                              which results in bodily harm or

  6                              property damage.

  7  794.011(5)         2nd      Sexual battery, victim 12 years

  8                              or over, offender does not use

  9                              physical force likely to cause

10                              serious injury.

11  800.04(4)          2nd      Lewd or lascivious battery.

12  806.01(1)          1st      Maliciously damage dwelling or

13                              structure by fire or explosive,

14                              believing person in structure.

15  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

16  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

17                              or dangerous weapon.

18  810.02(2)(c)       1st      Burglary of a dwelling or

19                              structure causing structural

20                              damage or $1,000 or more property

21                              damage.

22  812.13(2)(b)       1st      Robbery with a weapon.

23  812.135(2)         1st      Home-invasion robbery.

24  825.102(2)         2nd      Aggravated abuse of an elderly

25                              person or disabled adult.

26  825.103(2)(a)      1st      Exploiting an elderly person or

27                              disabled adult and property is

28                              valued at $100,000 or more.

29  837.02(2)          2nd      Perjury in official proceedings

30                              relating to prosecution of a

31                              capital felony.

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  1  837.021(2)         2nd      Making contradictory statements

  2                              in official proceedings relating

  3                              to prosecution of a capital

  4                              felony.

  5  860.121(2)(c)      1st      Shooting at or throwing any

  6                              object in path of railroad

  7                              vehicle resulting in great bodily

  8                              harm.

  9  860.16             1st      Aircraft piracy.

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

11                              grams of any substance specified

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

13  893.13(2)(b)       1st      Purchase in excess of 10 grams of

14                              any substance specified in s.

15                              893.03(1)(a) or (b).

16  893.13(6)(c)       1st      Possess in excess of 10 grams of

17                              any substance specified in s.

18                              893.03(1)(a) or (b).

19  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

21                              lbs.

22  893.135

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

24                              200 grams, less than 400 grams.

25  893.135

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

27                              more than 14 grams, less than 28

28                              grams.

29

30

31

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  1  893.135

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

  3                              more than 200 grams, less than

  4                              400 grams.

  5  893.135

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

  7                              than 5 kilograms, less than 25

  8                              kilograms.

  9  893.135

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

11                              than 28 grams, less than 200

12                              grams.

13  893.135

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

15                              grams or more, less than 28

16                              grams.

17  895.03(1)          1st      Use or invest proceeds derived

18                              from pattern of racketeering

19                              activity.

20  895.03(2)          1st      Acquire or maintain through

21                              racketeering activity any

22                              interest in or control of any

23                              enterprise or real property.

24  895.03(3)          1st      Conduct or participate in any

25                              enterprise through pattern of

26                              racketeering activity.

27  896.101(5)(b)      2nd      Money laundering, monetary

28                              instruments exceeding $20,000,

29                              but less than $100,000.

30                              (i)  LEVEL 9

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  1  316.193

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

  3                              render aid or give information.

  4  560.123(8)(a)3.    1st      Failure to report currency or

  5                              payment instruments exceeding

  6                              $100,000 by money transmitter.

  7  560.125(5)(c)      1st      Money transmitter business by

  8                              unauthorized person, currency, or

  9                              payment instruments exceeding

10                              $100,000.

11  655.50(10)(a)3.    1st      Failure to report monetary

12                              instruments exceeding $100,000 by

13                              financial institution.

14  782.04(1)          1st      Attempt, conspire, or solicit to

15                              commit premeditated murder.

16  782.04(3)          1st,PBL   Accomplice to murder in

17                              connection with arson, sexual

18                              battery, robbery, burglary, and

19                              other specified felonies.

20  782.051(1)         1st      Attempted felony murder while

21                              perpetrating or attempting to

22                              perpetrate a felony enumerated in

23                              s. 782.04(3).

24  782.07(2)          1st      Aggravated manslaughter of an

25                              elderly person or disabled adult.

26  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

27                              reward or as a shield or hostage.

28  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

29                              or facilitate commission of any

30                              felony.

31

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

  2                              interfere with performance of any

  3                              governmental or political

  4                              function.

  5  787.02(3)(a)       1st      False imprisonment; child under

  6                              age 13; perpetrator also commits

  7                              aggravated child abuse, sexual

  8                              battery, or lewd or lascivious

  9                              battery, molestation, conduct, or

10                              exhibition.

11  790.161            1st      Attempted capital destructive

12                              device offense.

13  794.011(2)         1st      Attempted sexual battery; victim

14                              less than 12 years of age.

15  794.011(2)         Life     Sexual battery; offender younger

16                              than 18 years and commits sexual

17                              battery on a person less than 12

18                              years.

19  794.011(4)         1st      Sexual battery; victim 12 years

20                              or older, certain circumstances.

21  794.011(8)(b)      1st      Sexual battery; engage in sexual

22                              conduct with minor 12 to 18 years

23                              by person in familial or

24                              custodial authority.

25  800.04(5)(b)       1st      Lewd or lascivious molestation;

26                              victim less than 12 years;

27                              offender 18 years or older.

28  812.13(2)(a)       1st,PBL  Robbery with firearm or other

29                              deadly weapon.

30  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

31                              deadly weapon.

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  1  827.03(2)          1st      Aggravated child abuse.

  2  847.0145(1)        1st      Selling, or otherwise

  3                              transferring custody or control,

  4                              of a minor.

  5  847.0145(2)        1st      Purchasing, or otherwise

  6                              obtaining custody or control, of

  7                              a minor.

  8  859.01             1st      Poisoning food, drink, medicine,

  9                              or water with intent to kill or

10                              injure another person.

11  893.135            1st      Attempted capital trafficking

12                              offense.

13  893.135(1)(a)3.    1st      Trafficking in cannabis, more

14                              than 10,000 lbs.

15  893.135

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

17                              400 grams, less than 150

18                              kilograms.

19  893.135

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

21                              more than 28 grams, less than 30

22                              kilograms.

23  893.135

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

25                              more than 400 grams.

26  893.135

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

28                              than 25 kilograms.

29  893.135

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

31                              than 200 grams.

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

  2                              instruments exceeding $100,000.

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

  4

  5            *****************************************

  6                       LEGISLATIVE SUMMARY

  7
      Amends various sections of the Florida Statutes providing
  8    criminal standards and sanctions for money transmitting
      and money laundering.
  9

10

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