House Bill 1607c1

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    Florida House of Representatives - 2000             CS/HB 1607

        By the Committees on Criminal Justice Appropriations,
    Crime & Punishment and Representatives Ball, Flanagan and
    Brummer




  1                      A bill to be entitled

  2         An act relating to money laundering; creating

  3         s. 311.12, F.S.; providing for development and

  4         implementation of a statewide seaport security

  5         plan; providing for a fingerprint-based

  6         criminal history check of an applicant for

  7         employment and current employees at seaports;

  8         providing for inspections of seaports to

  9         determine compliance with minimum security

10         standards and report of results of inspections

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

12         the definition of the term "authorized vendor"

13         as used in the Money Transmitters' Code to

14         businesses located in this state; creating s.

15         560.1073, F.S.; providing criminal penalties

16         for making or filing with the Department of

17         Banking and Finance certain false or misleading

18         statements or documents; amending s. 560.111,

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

20         proving knowing intent to defraud; amending s.

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

22         disciplinary authority; amending s. 560.117,

23         F.S.; requiring the department to notify

24         licensees suspected of certain code violations

25         and permit such licensees to correct such

26         violations before bringing disciplinary action;

27         providing for an administrative fine; amending

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

29         examinations, reports, and audits of money

30         transmitters; providing a criminal penalty for

31         violations of the section; amending s. 560.123,

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  1         F.S.; revising standards for graduated

  2         penalties involving currency or payment

  3         instruments under the Florida Control of Money

  4         Laundering in Money Transmitters Act; providing

  5         that the common law corpus delicti rule does

  6         not apply to prosecutions under the Money

  7         Transmitters' Code; providing for admissibility

  8         of a defendant's confession under certain

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

10         providing graduated criminal penalties;

11         increasing fines; providing for a civil

12         penalty; providing that the common law corpus

13         delicti rule does not apply to prosecutions

14         under the Money Transmitters' Code; providing

15         for admissibility of a defendant's confession

16         under certain circumstances; amending s.

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

18         fingerprints by applicants for registration

19         under the Payment Instruments and Funds

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

21         providing a criminal penalty for failing to

22         comply with recordkeeping requirements;

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

24         for qualifying for registration under the Check

25         Cashing and Foreign Currency Exchange Act;

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

27         penalty for failure to comply with

28         recordkeeping requirements; amending s. 655.50,

29         F.S.; revising standards for graduated

30         penalties involving monetary instruments under

31         the Florida Control of Money Laundering in

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  1         Financial Institutions Act; providing that the

  2         common law corpus delicti rule does not apply

  3         to prosecutions under the Money Transmitters'

  4         Code; providing for admissibility of a

  5         defendant's confession under certain

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

  7         redefining the term "drug paraphernalia";

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

  9         penalty for transportation of drug

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

11         expanding the definition of the term

12         "racketeering activity"; amending s. 896.101,

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

14         "financial transaction"; defining the terms

15         "knowing" and "petitioner"; providing that

16         specific circumstances do not constitute a

17         defense to a prosecution; providing for

18         criminal penalties, fines, and civil penalties;

19         providing for injunctions; providing for

20         seizure warrants; providing for immunity from

21         liability; providing that the common law corpus

22         delicti rule does not apply to prosecutions

23         under the Money Transmitters' Code; providing

24         for admissibility of a defendant's confession

25         under certain circumstances; amending s.

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

27         reference; creating ss. 896.104, 896.105,

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

29         definitions; providing criminal penalties for

30         evading reporting or registration requirements

31         in specific financial transactions; providing

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  1         exceptions for undercover law enforcement

  2         purposes; providing for fugitive

  3         disentitlement; providing for informant

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

  5         specified monetary transactions to the Criminal

  6         Punishment Code offense severity ranking chart;

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

  8         Financial Crimes Analysis Center and Financial

  9         Transaction Database within the Florida

10         Department of Law Enforcement; providing

11         requirements; providing appropriations for

12         certain purposes; providing for 15 FTE and

13         $1,600,000 the from State Transportation Fund

14         to the Department of Transportation, Office of

15         Motor Carrier Compliance, to create contraband

16         interdiction teams; specifying composition of

17         FTE positions; specifying purpose of contraband

18         interdiction teams; requiring the Department of

19         Transportation to seek additional funding from

20         federal grants and forfeiture proceedings;

21         authorizing the Department of Transportation to

22         amend its budget; providing an effective date.

23

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

25

26         Section 1.  Section 311.12, Florida Statutes, is

27  created to read:

28         311.12  Seaport security.--

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

30  Office of the Governor, in consultation with the Florida

31  Seaport Transportation and Economic Development Council, and

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  1  in conjunction with the Florida Department of Law Enforcement

  2  and local law enforcement agencies having primary authority

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

  4  a statewide security plan based upon the Florida Seaport

  5  Security Assessment 2000 conducted by the Office of Drug

  6  Control.  Such plan shall establish statewide minimum

  7  standards for seaport security including the prevention of

  8  criminal activity including money laundering.  The statewide

  9  seaport security plan shall identify the funding needs for

10  security requirements of all relevant ports and shall

11  recommend mechanisms to fund those needs including an analysis

12  of the ability of seaports to provide funding for necessary

13  improvements. The statewide seaport security plan shall be

14  submitted to the Speaker of the House of Representatives and

15  the President of the Senate and the chairs of the fiscal

16  committees of the House of Representatives and Senate for

17  review on or before January 1, 2001.

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

19  311.09(1), in conjunction with and pending review and approval

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

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

22  and in consultation with the Florida Seaport Transportation

23  and Economic Development Council, shall no later than January

24  31, 2001, develop and draft individual seaport security plans

25  particular to the specific and identifiable needs of their

26  respective seaports.

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

28  statewide minimum standards established pursuant to subsection

29  (1).

30

31

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

  2  the affected ports for purposes of inspections by the

  3  Department of Law Enforcement as authorized by this section.

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

  5  be performed on any applicant for employment or current

  6  employee, as designated by each security plan required by

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

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

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

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

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

12  required by the Department of Law Enforcement and the security

13  plan. These fingerprints shall be submitted to the Department

14  of Law Enforcement for state processing and to the Federal

15  Bureau of Investigation for federal processing. The results of

16  the checks shall be reported to the seaports.

17         (4)  The affected seaports shall implement the security

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

19  contingent upon legislative approval of the statewide security

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

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

22  shall conduct no less than once annually an unannounced

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

24  whether the seaport is meeting the minimum standards

25  established under the authority of this section. The

26  Department of Law Enforcement, in consultation with the Office

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

28  shall complete a report indicating the results of all such

29  inspections conducted during the year and any suggestions or

30  concerns developed by reason of such inspections by no later

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

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

  2  Speaker of the House of Representatives, and the chief

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

  4  the extent possible, include responses from the chief

  5  administrator of any seaport about which suggestions have been

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

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

  8  the suggestions or concerns noted.

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

10  preventing any seaport from implementing security measures

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

12  minimum standards established by this section.

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

14  Statutes, is amended to read:

15         560.103  Definitions.--As used in the code, unless the

16  context otherwise requires:

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

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

19  behalf of the registrant at locations in this state pursuant

20  to a written contract with the registrant.

21         Section 3.  Section 560.1073, Florida Statutes, is

22  created to read:

23         560.1073  False or misleading statements or supporting

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

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

26  representative for filing with the department, any financial

27  statement or any document in support thereof which is required

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

29  the statement or document is materially false or materially

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

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

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

  2  Statutes, is amended to read:

  3         560.111  Prohibited acts and practices.--

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

  5  transmitter-affiliated party to:

  6         (a)  Knowingly Receive or possess itself of any

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

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

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

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

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

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

13  authorized vendor with intent to deceive or defraud such money

14  transmitter or authorized vendor;

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

16  statement of such money transmitter or authorized vendor with

17  intent to deceive or defraud such money transmitter,

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

19  deceive the department, any other state or federal appropriate

20  regulatory agency, or any authorized representative appointed

21  to examine or investigate the affairs of such money

22  transmitter or authorized vendor;

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

24  31 U.S.C. s. 5324, or any other law, rule, or regulation of

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

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

27  revocation of a money transmitter license or registration in

28  such jurisdiction;

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

30  its employees any examination report, report of condition,

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

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

  2  material matter; or

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

  4  transmitter or authorized vendor any note, obligation, or

  5  security that the money transmitter or authorized vendor does

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

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

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

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

10  the property of the money transmitter or authorized vendor and

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

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

13  security is fraudulent or otherwise worthless.

14         Section 5.  Section 560.114, Florida Statutes, is

15  amended to read:

16         560.114  Disciplinary actions.--

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

18  money transmitter-affiliated party are violations of the code

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

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

21  registration application or the suspension or revocation of

22  any registration previously issued pursuant to the code, or

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

24  department pursuant to the code:

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

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

27  written agreement entered into with the department.

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

29  negligence in any transaction involving money transmission,

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

31  transmitter customer.

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  1         (c)  Fraudulent misrepresentation, circumvention, or

  2  concealment of any matter required to be stated or furnished

  3  to a money transmitter customer pursuant to the code,

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

  5  customer.

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

  7  money transmitter or authorized vendor.

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

  9  for examination all books, accounts, or other documents

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

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

12  department.

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

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

15  transmitter applied for registration, would have been grounds

16  for denial of registration.

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

18  inspection of books and records in an investigation or

19  examination by the department, pursuant to the provisions of

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

21  department.

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

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

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

25  transaction within 30 days after the judgment becomes final.

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

27  proscribed by s. 560.111.

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

29  unsound manner.

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

31  money transmitter-affiliated party after the department has

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  1  issued and served upon the money transmitter a final order

  2  setting forth a finding that the money transmitter-affiliated

  3  party has knowingly violated any provision of the code.

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

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

  6  or for revocation, suspension, or restriction of registration

  7  previously granted:

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

  9  misrepresentation or committing any fraud of fact in an

10  initial or renewal application for registration.

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

12  application for registration, or a registration or its

13  equivalent, to practice any profession or occupation being

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

15  registering authority in any jurisdiction or a finding by an

16  appropriate regulatory body of engaging in unlicensed activity

17  as a money transmitter within any jurisdiction for fraud or

18  dishonest dealing.

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

20  registration or its equivalent, or an application for

21  registration, to practice any profession or occupation being

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

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

24  1956, 31 U.S.C. s. 5324, or any other law, rule, or regulation

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

26  business of money transmission or usury which may cause the

27  denial or revocation of a money transmitter license or

28  registration in such jurisdiction.

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

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

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

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

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

  3  without regard to whether a judgment of conviction has been

  4  entered by the court.

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

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

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

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

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

10  having pleaded guilty or nolo contendere to, misappropriation,

11  conversion, or unlawful withholding of moneys that belong to

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

13  money transmitter.

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

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

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

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

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

19  moral turpitude, or dishonest dealing, without regard to

20  whether a judgment of conviction has been entered by the

21  court.

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

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

24  any order or rule of the department.

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

26  under the code.

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

28  court within 30 days after the judgment becomes final.

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

30  the business of a money transmitter without the proper

31  registration.

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

  2  a registration or for revocation, suspension, or restriction

  3  of a registration previously granted under part III of this

  4  chapter.

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

  6  or removal order, suspend or revoke any previously issued

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

  8  the department against a money transmitter based on any fact

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

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

11  registration, would have been grounds for denial of

12  registration.

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

14  of its authorized vendors if the money transmitter should have

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

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

17  money transmitter willfully allowed such act to continue. Such

18  responsibility is limited to conduct engaged in by the

19  authorized vendor pursuant to the authority granted to it by

20  the money transmitter.

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

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

23  administrative action under this code, the proceeding may

24  continue as if the registration were still in effect.

25         Section 6.  Section 560.117, Florida Statutes, is

26  amended to read:

27         560.117  Administrative fines; enforcement.--

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

29  proceeding pursuant to chapter 120 to impose an administrative

30  fine against any person found to have violated any provision

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

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  1  any written agreement with the department. However, the

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

  3  the licensee has violated any of the following provisions of

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

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

  6  violation before bringing disciplinary action under the code:

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

  8  under the code;

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

10  court within 30 days after the judgment becomes final;

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

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

13  560.127; or

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

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

16  560.205. No such proceeding shall be initiated and no fine

17  shall accrue pursuant to this section until after such person

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

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

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

21  to do so.

22

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

24  $100 a day for each violation. The department may excuse any

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

26  fined.

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

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

29  continue a license or registration issued under this chapter,

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

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

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

  2  each violation of this chapter.

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

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

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

  6  engaging in the business of a money transmitter without being

  7  registered.

  8         (4)(3)  Any administrative fine levied by the

  9  department may be enforced by the department by appropriate

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

11  person resides or maintains a principal office. In any

12  administrative or judicial proceeding arising under this

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

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

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

16  violation does not render moot any administrative or judicial

17  proceeding.

18         Section 7.  Section 560.118, Florida Statutes, is

19  amended to read:

20         560.118  Examinations, reports, and internal audits;

21  penalty.--

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

23  money transmitter or authorized vendor by providing not less

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

25  authorized vendor. However, if the department suspects that

26  the money transmitter or authorized vendor has violated any

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

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

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

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

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

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  1  money transmitter or any money transmitter-affiliated party

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

  3  examinations, the department may administer oaths and examine

  4  the directors, officers, principal shareholders, employees,

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

  6  parties concerning their operations and business activities

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

  8  believe that a money transmitter or authorized vendor is

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

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

11  make an examination of such money transmitter or authorized

12  vendor without providing advance notice. The department may

13  accept an audit or examination from any appropriate regulatory

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

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

16  department may also make a joint or concurrent examination

17  with any state or federal appropriate regulatory agency. The

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

19  money transmitter or authorized vendor to the money

20  transmitter and any appropriate regulatory agency provided

21  that such agency agrees to abide by the confidentiality

22  provisions as set forth in chapter 119.

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

24  shall make available to the department or its examiners the

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

26  matters which are in their immediate possession or control and

27  which relate to the subject of the examination.  Those

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

29  matters not in their immediate possession shall be made

30  available to the department or the department's examiners

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

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

  2  audit of a money transmitter required under this section may

  3  be performed or authorized vendor by an independent third

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

  5  certified public accountant authorized to do business in the

  6  United States. The examination of a money transmitter or

  7  authorized vendor required under this section may be performed

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

  9  department or by a certified public accountant authorized to

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

11  independent examination or audit shall be directly borne by

12  the money transmitter or authorized vendor.

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

14  regular examination and supervision of a money transmitter or

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

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

17  unless the department has determined that the money

18  transmitter or authorized vendor is operating in an unsafe or

19  unsound or unlawful manner.

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

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

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

23  compensate the department for costs associated with the

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

25  the salary and travel expenses directly attributable to the

26  field staff examining the money transmitter or authorized

27  vendor, and the travel expenses of any supervisory staff

28  required as a result of examination findings. Reimbursement

29  for such costs incurred under this subsection must be

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

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

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

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

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

  4  payment penalty, the department may consider the prior payment

  5  history of the money transmitter or authorized vendor.

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

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

  8  be audited by an independent third party that has been

  9  approved by the department or by a certified public accountant

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

11  transmitter or authorized vendor shall directly bear the cost

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

13  payment instruments who can prove to the satisfaction of the

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

15  employees and authorized vendors or that its annual payment

16  instruments issued from its activities as a payment instrument

17  seller are less than $200,000.

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

19  transmitter or authorized vendor to submit quarterly reports

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

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

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

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

24  belief. Such report must include such information as the

25  department by rule requires for that type of money

26  transmitter.

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

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

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

30  administrative fine, the department may consider the prior

31  payment history of the money transmitter or authorized vendor.

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

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

  3  department made under this section commits a felony of the

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

  5  775.083, or s. 775.084.

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

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

  8  section, to read:

  9         560.123  Florida control of money laundering in the

10  Money Transmitters' Code; reports of transactions involving

11  currency or monetary instruments; when required; purpose;

12  definitions; penalties.--

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

14  who willfully violates any provision of this section or

15  chapter 896 commits a misdemeanor of the first degree,

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

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

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

19         1.  Currency or payment instruments Committed in

20  furtherance of the commission of any other violation of any

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

22  activity involving financial transactions exceeding $300 but

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

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

25  775.083, or s. 775.084.

26         2.  Currency or payment instruments totaling Committed

27  as part of a pattern of illegal activity involving financial

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

29  12-month period, commits a felony of the second degree,

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

31  775.084.

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  1         3.  Currency or payment instruments totaling or

  2  Committed as part of a pattern of illegal activity involving

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

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

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

  6         (c)  In addition to the penalties otherwise authorized

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

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

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

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

11  or payment instruments financial transaction, whichever is

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

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

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

15  value of the currency or payment instruments financial

16  transaction, whichever is greater.

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

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

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

20  instruments financial transaction involved or $25,000.

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

22         (9)  In any prosecution brought pursuant to this

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

24  The defendant's confession or admission is admissible during

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

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

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

28  trustworthy. Before the court admits the defendant's

29  confession or admission, the state must prove by a

30  preponderance of the evidence that there is sufficient

31  corroborating evidence that tends to establish the

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  1  trustworthiness of the statement by the defendant. Hearsay

  2  evidence is admissible during the presentation of evidence at

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

  4  consider all relevant corroborating evidence, including the

  5  defendant's statements.

  6         Section 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  The defendant's confession or admission is admissible during

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

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

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

13  trustworthy. Before the court admits the defendant's

14  confession or admission, the state must prove by a

15  preponderance of the evidence that there is sufficient

16  corroborating evidence that tends to establish the

17  trustworthiness of the statement by the defendant. Hearsay

18  evidence is admissible during the presentation of evidence at

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

20  consider all relevant corroborating evidence, including the

21  defendant's statements.

22         Section 10.  Section 560.205, Florida Statutes, is

23  amended to read:

24         560.205  Qualifications of applicant for registration;

25  contents.--

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

27  applicant must demonstrate to the department such character

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

29  and warrant the belief that the registered business will be

30  operated lawfully and fairly. The department may investigate

31  each applicant to ascertain whether the qualifications and

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  1  requirements prescribed by this part have been met. The

  2  department's investigation may include a criminal background

  3  investigation of all controlling shareholders, principals,

  4  officers, directors, members and responsible persons of a

  5  funds transmitter and a payment instrument seller and all

  6  persons designated by a funds transmitter or payment

  7  instrument seller as an authorized vendor. Each controlling

  8  shareholder, principal, officer, director, member, and

  9  responsible person of a funds transmitter or payment

10  instrument seller, unless the applicant is a publicly traded

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

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

13  fingerprints taken by an authorized law enforcement officer.

14  Such fingerprints must be submitted to the Department of Law

15  Enforcement or the Federal Bureau of Investigation for state

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

17  requirement that applicants file a set of fingerprints or the

18  requirement that such fingerprints be processed by the

19  Department of Law Enforcement or the Federal Bureau of

20  Investigation.

21         (2)  Each application for registration must be

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

23  department prescribes by rule and must be accompanied by a

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

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

26  application forms shall set forth such information as the

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

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

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

30  conduct of its business.

31

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

  2  litigation, criminal convictions, pleas of nolo contendere,

  3  and cases of adjudication withheld.

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

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

  6  business activities in which the applicant seeks to engage in

  7  this state.

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

  9  authorized vendors in this state, including the location or

10  locations in this state at which the applicant and its

11  authorized vendors propose to conduct registered activities.

12         (e)  A sample authorized vendor contract, if

13  applicable.

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

15  applicable.

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

17  institution or financial institutions through which the

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

19  such payment instruments will be payable.

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

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

22  fulfilled.

23         (3)  Each application for registration by an applicant

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

25  the department reasonably requires, including, but not limited

26  to:

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

28  state of incorporation.

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

30  country in which the applicant was incorporated.

31

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

  2  applicant, including the identity of any parent or subsidiary

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

  4  subsidiary is publicly traded on any stock exchange.

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

  6  employment history for the past 5 years for each executive

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

  8  responsible person who will be in charge of all the

  9  applicant's business activities in this state.

10         (e)  The history of material litigation and criminal

11  convictions, pleas of nolo contendere, and cases of

12  adjudication withheld for each executive officer, each

13  director, each controlling shareholder, and the responsible

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

15  activities.

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

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

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

19  applicant is a wholly owned subsidiary of another corporation,

20  the parent's consolidated audited financial statements may be

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

22  required to file audited financial statements may satisfy this

23  requirement by filing unaudited financial statements verified

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

25  rule.

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

27  financial statements may file copies of the applicant's

28  unconsolidated, unaudited financial statements for the current

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

30  period.

31

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

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

  3  States Securities and Exchange Commission, or with a similar

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

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

  6         (4)  Each application for registration submitted to the

  7  department by an applicant that is not a corporation shall

  8  also set forth such information as the department reasonably

  9  requires, including, but not limited to:

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

11  business in this state.

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

13  personal financial statement and employment history for the

14  past 5 years for each individual having a controlling

15  ownership interest in the applicant, and each responsible

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

17  activities.

18         (c)  The history of material litigation and criminal

19  convictions, pleas of nolo contendere, and cases of

20  adjudication withheld for each individual having a controlling

21  ownership interest in the applicant and each responsible

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

23  activities.

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

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

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

27  file audited financial statements may satisfy this requirement

28  by filing unaudited financial statements verified under

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

30         (5)  Each applicant shall designate and maintain an

31  agent in this state for service of process.

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

  2  560.211, Florida Statutes, to read:

  3         560.211  Records.--

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

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

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

  7         Section 12.  Section 560.306, Florida Statutes, is

  8  amended to read:

  9         560.306  Standards.--

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

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

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

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

14  registered business will be operated lawfully and fairly. The

15  department may investigate each applicant to ascertain whether

16  the qualifications and requirements prescribed by this part

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

18  criminal background investigation of all controlling

19  shareholders, principals, officers, directors, members, and

20  responsible persons of a check casher and a foreign currency

21  exchanger and all persons designated by a foreign currency

22  exchanger or check casher as an authorized vendor. Each

23  controlling shareholder, principal, officer, director,

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

25  currency exchanger, unless the applicant is a publicly traded

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

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

28  fingerprints taken by an authorized law enforcement officer.

29  Such fingerprints must be submitted to the Department of Law

30  Enforcement or the Federal Bureau of Investigation for state

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

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  1  requirement that applicants file a set of fingerprints or the

  2  requirement that such fingerprints be processed by the

  3  Department of Law Enforcement or the Federal Bureau of

  4  Investigation.

  5         (2)(1)  The department may deny registration if it

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

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

  8  involving moral turpitude in any jurisdiction or of a crime

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

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

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

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

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

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

15  irrespective of the pronouncement of sentence or the

16  suspension thereof. The department may take into consideration

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

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

19  abrogated by lawful judicial process or that the person

20  convicted of the crime received a pardon from the jurisdiction

21  where the conviction was entered or received a certificate

22  pursuant to any provision of law which removes the disability

23  under this part because of such conviction.

24         (3)(2)  The department may deny an initial application

25  for registration if the applicant or money

26  transmitter-affiliated party of the applicant is the subject

27  of a pending criminal prosecution or governmental enforcement

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

29  criminal prosecution or enforcement action.

30         (4)(3)  Each registration application and renewal

31  application must specify the location at which the applicant

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  1  proposes to establish its principal place of business and any

  2  other location, including authorized vendors operating in this

  3  state. The registrant shall notify the department of any

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

  5  requirement by providing the department with a list of such

  6  locations, including all authorized vendors operating in this

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

  8  business as a check casher or a foreign currency exchanger

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

10         (5)(4)  Each applicant shall designate and maintain an

11  agent in this state for service of process.

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

13  560.310, Florida Statutes, to read:

14         560.310  Records of check cashers and foreign currency

15  exchangers.--

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

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

18  department made pursuant to this section commits a felony of

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

20  775.083, or s. 775.084.

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

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

23  section, to read:

24         655.50  Florida Control of Money Laundering in

25  Financial Institutions Act; reports of transactions involving

26  currency or monetary instruments; when required; purpose;

27  definitions; penalties.--

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

29  who willfully violates any provision of this section, chapter

30  896, or any similar state or federal law is guilty of a

31

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

  2  775.082 or s. 775.083.

  3         (b)  A person who willfully violates or knowingly

  4  causes another to violate any provision of this section,

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

  6  violation involves is:

  7         1.  Committed in furtherance of the commission of any

  8  other violation of Florida law; or

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

10  involving Financial transactions exceeding $300 but less than

11  $20,000 in any 12-month period, is guilty of a felony of the

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

13  775.083; or

14         2.3.  Committed as part of a pattern of illegal

15  activity involving Financial transactions exceeding $20,000

16  but less than $100,000 in any 12-month period is guilty of a

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

18  775.082 or s. 775.083; or

19         3.4.  Committed as part of a pattern of illegal

20  activity involving Financial transactions exceeding $100,000

21  in any 12-month period is guilty of a felony of the first

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

23         (c)  In addition to the penalties otherwise authorized

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

25  or who has pleaded guilty or nolo contendere to having

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

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

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

29  subsequent conviction for or plea of guilty or nolo contendere

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

31

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  1  $500,000 or quintuple the value of the financial transaction,

  2  whichever is greater.

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

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

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

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

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

  8  penalty may not exceed $100,000.

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

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

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

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

13         (11)  In any prosecution brought pursuant to this

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

15  The defendant's confession or admission is admissible during

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

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

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

19  trustworthy. Before the court admits the defendant's

20  confession or admission, the state must prove by a

21  preponderance of the evidence that there is sufficient

22  corroborating evidence that tends to establish the

23  trustworthiness of the statement by the defendant. Hearsay

24  evidence is admissible during the presentation of evidence at

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

26  consider all relevant corroborating evidence, including the

27  defendant's statements.

28         Section 15.  Section 893.145, Florida Statutes, is

29  amended to read:

30         893.145  "Drug paraphernalia" defined.--The term "drug

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

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

  2  in planting, propagating, cultivating, growing, harvesting,

  3  manufacturing, compounding, converting, producing, processing,

  4  preparing, testing, analyzing, packaging, repackaging,

  5  storing, containing, concealing, transporting, injecting,

  6  ingesting, inhaling, or otherwise introducing into the human

  7  body a controlled substance in violation of this chapter.

  8  Drug paraphernalia is deemed to be contraband which shall be

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

10  limited to:

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

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

13  harvesting of any species of plant which is a controlled

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

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

16  in manufacturing, compounding, converting, producing,

17  processing, or preparing controlled substances.

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

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

20  plant which is a controlled substance.

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

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

23  effectiveness, or purity of, controlled substances.

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

25  designed for use in weighing or measuring controlled

26  substances.

27         (6)  Diluents and adulterants, such as quinine

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

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

30  substances.

31

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

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

  3  in otherwise cleaning or refining, cannabis.

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

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

  6  compounding controlled substances.

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

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

  9  packaging small quantities of controlled substances.

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

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

12  transporting controlled substances.

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

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

15  injecting controlled substances into the human body.

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

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

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

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

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

21  hashish heads, or punctured metal bowls.

22         (b)  Water pipes.

23         (c)  Carburetion tubes and devices.

24         (d)  Smoking and carburetion masks.

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

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

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

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

29         (g)  Chamber pipes.

30         (h)  Carburetor pipes.

31         (i)  Electric pipes.

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  1         (j)  Air-driven pipes.

  2         (k)  Chillums.

  3         (l)  Bongs.

  4         (m)  Ice pipes or chillers.

  5         Section 16.  Section 893.147, Florida Statutes, is

  6  amended to read:

  7         893.147  Use, possession, manufacture, delivery,

  8  transportation, or advertisement of drug paraphernalia.--

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

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

11  use, drug paraphernalia:

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

13  manufacture, compound, convert, produce, process, prepare,

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

15  controlled substance in violation of this chapter; or

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

17  into the human body a controlled substance in violation of

18  this chapter.

19

20  Any person who violates this subsection is guilty of a

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

22  775.082 or s. 775.083.

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

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

25  deliver, or manufacture with intent to deliver drug

26  paraphernalia, knowing, or under circumstances where one

27  reasonably should know, that it will be used:

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

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

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

31  controlled substance in violation of this act; or

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

  2  into the human body a controlled substance in violation of

  3  this act.

  4

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

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

  7  775.083, or s. 775.084.

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

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

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

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

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

13  s. 775.084.

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

15  deliver hypodermic syringes, needles, or other objects which

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

17  parenterally injecting substances into the human body to any

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

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

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

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

22  valid prescription for same.  Any person who violates the

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

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

25  775.083.

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

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

28  manufacture with the intent to use drug paraphernalia, knowing

29  or under circumstances in which one reasonably should know

30  that it will be used to transport:

31

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  1         (a)  A controlled substance in violation of this

  2  chapter; or

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

  4

  5  Any person who violates this subsection commits a felony of

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

  7  775.083, or s. 775.084.

  8         (5)(4)  ADVERTISEMENT OF DRUG PARAPHERNALIA.--It is

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

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

11  under circumstances where one reasonably should know, that the

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

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

14  drug paraphernalia.  Any person who violates this subsection

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

16  provided in s. 775.082 or s. 775.083.

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

18  895.02, Florida Statutes, is amended to read:

19         895.02  Definitions.--As used in ss. 895.01-895.08, the

20  term:

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

22  attempt to commit, to conspire to commit, or to solicit,

23  coerce, or intimidate another person to commit:

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

25  information under the following provisions of the Florida

26  Statutes:

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

28  cigarette taxes.

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

30  control.

31

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  1         3.  Section 414.39, relating to public assistance

  2  fraud.

  3         4.  Section 409.920, relating to Medicaid provider

  4  fraud.

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

  6  compensation.

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

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

  9  investor protection.

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

11  relating to dogracing and horseracing.

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

13         10.  Chapter 552, relating to the manufacture,

14  distribution, and use of explosives.

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

16  the violation is punishable as a felony.

17         12.11.  Chapter 562, relating to beverage law

18  enforcement.

19         13.12.  Section 624.401, relating to transacting

20  insurance without a certificate of authority, s.

21  624.437(4)(c)1., relating to operating an unauthorized

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

23  relating to representing or aiding an unauthorized insurer.

24         14.13.  Section 655.50, relating to reports of currency

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

26         15.14.  Chapter 687, relating to interest and usurious

27  practices.

28         16.15.  Section 721.08, s. 721.09, or s. 721.13,

29  relating to real estate timeshare plans.

30         17.16.  Chapter 782, relating to homicide.

31         18.17.  Chapter 784, relating to assault and battery.

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  1         19.18.  Chapter 787, relating to kidnapping.

  2         20.19.  Chapter 790, relating to weapons and firearms.

  3         21.20.  Section 796.03, s. 796.04, s.  796.05, or s.

  4  796.07, relating to prostitution.

  5         22.21.  Chapter 806, relating to arson.

  6         23.22.  Section 810.02(2)(c), relating to specified

  7  burglary of a dwelling or structure.

  8         24.23.  Chapter 812, relating to theft, robbery, and

  9  related crimes.

10         25.24.  Chapter 815, relating to computer-related

11  crimes.

12         26.25.  Chapter 817, relating to fraudulent practices,

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

14         27.26.  Chapter 825, relating to abuse, neglect, or

15  exploitation of an elderly person or disabled adult.

16         28.27.  Section 827.071, relating to commercial sexual

17  exploitation of children.

18         29.28.  Chapter 831, relating to forgery and

19  counterfeiting.

20         30.29.  Chapter 832, relating to issuance of worthless

21  checks and drafts.

22         31.30.  Section 836.05, relating to extortion.

23         32.31.  Chapter 837, relating to perjury.

24         33.32.  Chapter 838, relating to bribery and misuse of

25  public office.

26         34.33.  Chapter 843, relating to obstruction of

27  justice.

28         35.34.  Section 847.011, s. 847.012, s. 847.013, s.

29  847.06, or s. 847.07, relating to obscene literature and

30  profanity.

31

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  1         36.35.  Section 849.09, s. 849.14, s. 849.15, s.

  2  849.23, or s. 849.25, relating to gambling.

  3         37.36.  Chapter 874, relating to criminal street gangs.

  4         38.37.  Chapter 893, relating to drug abuse prevention

  5  and control.

  6         39.38.  Chapter 896, relating to offenses related to

  7  financial transactions.

  8         40.39.  Sections 914.22 and 914.23, relating to

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

10  retaliation against a witness, victim, or informant.

11         41.40.  Sections 918.12 and 918.13, relating to

12  tampering with jurors and evidence.

13         Section 18.  Section 896.101, Florida Statutes, is

14  amended to read:

15         896.101  Florida Money Laundering Act; definitions;

16  penalties; injunctions; seizure warrants; immunity Offense of

17  conduct of financial transaction involving proceeds of

18  unlawful activity; penalties.--

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

20  Laundering Act."

21         (2)(1)  DEFINITIONS.--As used in this section, the

22  term:

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

24  transaction represents the proceeds of some form of unlawful

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

26  the transaction represented proceeds from some form, though

27  not necessarily which form, of activity that constitutes a

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

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

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

31  participating in initiating or concluding a transaction.

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

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

  3  with respect to a financial institution includes a deposit,

  4  withdrawal, transfer between accounts, exchange of currency,

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

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

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

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

  9  whatever means effected.

10         (d)  "Financial transaction" means a transaction

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

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

13  or degree affects commerce, or a transaction involving the

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

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

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

17  affect, commerce in any way or degree.

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

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

20  personal checks, bank checks, money orders, investment

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

22  thereto passes upon delivery, and negotiable instruments in

23  bearer form or otherwise in such form that title thereto

24  passes upon delivery.

25         (f)  "Financial institution" means a financial

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

27  is located in this state.

28         (g)  "Specified unlawful activity" means any

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

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

31  respect to any transaction or transportation involving more

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

  2  means should have known after reasonable inquiry, unless the

  3  person has a duty to file a federal currency transaction

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

  5  has complied with that reporting requirement in accordance

  6  with law.

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

  8  federal law enforcement agency; the Attorney General; any

  9  state attorney; or the statewide prosecutor.

10         (3)(2)  It is unlawful a felony of the second degree,

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

12  775.084, for a person:

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

14  transaction represents the proceeds of some form of unlawful

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

16  transaction which in fact involves the proceeds of specified

17  unlawful activity:

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

19  specified unlawful activity; or

20         2.  Knowing that the transaction is designed in whole

21  or in part:

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

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

24  specified unlawful activity; or

25         b.  To avoid a transaction reporting requirement or

26  money transmitters' registration requirement under state law.

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

28  instrument or funds:

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

30  specified unlawful activity; or

31

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  1         2.  Knowing that the monetary instrument or funds

  2  involved in the transportation represent the proceeds of some

  3  form of unlawful activity and knowing that such transportation

  4  is designed in whole or in part:

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

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

  7  specified unlawful activity; or

  8         b.  To avoid a transaction reporting requirement or

  9  money transmitters' registration requirement under state law.

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

11  transaction which involves property or proceeds which an

12  investigative or law enforcement officer, or someone acting

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

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

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

16  conduct is undertaken with the intent:

17         1.  To promote the carrying on of specified unlawful

18  activity; or

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

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

21  property believed to be the proceeds of specified unlawful

22  activity; or

23         3.  To avoid a transaction reporting requirement under

24  state law.

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

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

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

28  in the transaction or $10,000.

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

30  "investigative or law enforcement officer" means any officer

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

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

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

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

  4  arrests for, offenses enumerated in this subsection or similar

  5  federal offenses.

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

  7  for any violation of this chapter that:

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

  9  an undercover operative or law enforcement officer, was

10  employed.

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

12  in violation of this act was provided.

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

14  direction of a law enforcement officer, solicited a person

15  predisposed to engage in conduct in violation of any provision

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

17  to gain evidence against that person, provided such

18  solicitation would not induce an ordinary law-abiding person

19  to violate this chapter.

20

21  This subsection does not preclude the defense of entrapment.

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

23  violation involves:

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

25  $20,000 in any 12-month period, commits a felony of the third

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

27  s. 775.084.

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

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

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

31  775.083, or s. 775.084.

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  1         (c)  Monetary instruments totaling or exceeding

  2  $100,000 in any 12-month period, commits a felony of the first

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

  4  775.084.

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

  6  775.082, s. 775.083, or s. 775.084, a person who has been

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

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

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

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

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

12  $500,000 or quintuple the value of the monetary instruments,

13  whichever is greater.

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

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

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

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

18  monetary instruments, or appears likely to or demonstrates an

19  intent to alienate or dispose of monetary instruments, used in

20  violation of this section, chapter 560, s. 655.50, or any

21  crime listed as specified unlawful activity under this

22  section, or monetary instruments or funds that are traceable

23  to any such violation, the petitioner may commence a civil

24  action in any circuit court having jurisdiction where such

25  monetary instruments are located or have been deposited for a

26  temporary injunction to prohibit any person from withdrawing,

27  transferring, removing, dissipating, or disposing of any such

28  monetary instruments of equivalent value. The temporary

29  injunction will be obtained pursuant to Florida Civil Rule of

30  Procedure 1.610. This section governs all temporary

31  injunctions obtained pursuant to this section and supercedes

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

  2  this section. The court shall take into account any

  3  anticipated impact the temporary injunction will have on

  4  innocent third parties or businesses, balanced against the

  5  petitioner's need to preserve the monetary instruments.

  6         (b)  A temporary injunction must be granted without

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

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

  9  and to have the injunction dissolved.

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

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

12  opportunity for a hearing with respect to the monetary

13  instruments.

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

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

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

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

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

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

20  petitioner shall immediately inform the court and the court

21  shall immediately dissolve the temporary injunction.

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

23  at any time before the termination of the temporary

24  injunction, the petitioner may:

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

26  monetary instruments or funds and initiate a civil forfeiture

27  action;

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

29  monetary instruments or funds for any subsequent criminal

30  prosecution; or

31

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

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

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

  4  the petitioner may take either of the steps outlined in

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

  6  not be granted any additional extensions.

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

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

  9  the person or entity in possession of the monetary instruments

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

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

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

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

14  being enjoined may request a hearing to contest the order

15  entered pursuant to this section by petitioning the court that

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

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

18  practicable thereafter and before the expiration of the

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

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

21  entered.

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

23  monetary instruments or funds being enjoined may request a

24  hearing to contest the order entered pursuant to this section

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

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

27  practicable thereafter and before the expiration of the

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

29  lawful owner of the monetary instruments or his or her

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

31  petitioner who procured the temporary injunction pursuant to

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

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

  3  consider at a hearing held pursuant to this subsection,

  4  evidence and information that would be inadmissible under the

  5  Florida Rules of Evidence. A proceeding under this subsection

  6  is governed by the Florida Rules of Civil Procedure.

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

  8  warrant authorizing the seizure of property, monetary

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

10  manner as provided for search warrants in chapter 933.

11         (b)  Any financial institution that receives a seizure

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

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

14  necessary to pay any electronic transaction presented for

15  payment where the electronic transaction was initiated prior

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

17  institution.

18         (10)  Any financial institution, licensed money

19  transmitter, or other person served with and complying with

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

21  order, including any subpoena issued under the authority

22  granted by s. 27.04, obtained in furtherance of an

23  investigation of any crime in this section, including any

24  crime listed as specified unlawful activity under this section

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

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

27  any lawful action taken in complying with the warrant,

28  temporary injunction, or other court order, including any

29  subpoena issued under the authority granted by s. 27.04.

30         (11)  In any prosecution brought pursuant to chapter

31  896, the common law corpus delicti rule does not apply. The

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  1  defendant's confession or admission is admissible during trial

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

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

  4  jury that the defendant's confession or admission is

  5  trustworthy. Before the court admits the defendant's

  6  confession or admission, the state must prove by a

  7  preponderance of the evidence that there is sufficient

  8  corroborating evidence that tends to establish the

  9  trustworthiness of the statement by the defendant. Hearsay

10  evidence is admissible during the presentation of evidence at

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

12  consider all relevant corroborating evidence, including the

13  defendant's statements.

14         Section 19.  Section 896.103, Florida Statutes, is

15  amended to read:

16         896.103  Transaction which constitutes separate

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

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

19  individual currency transaction exceeding $10,000 which is

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

21  financial transaction in violation of the provisions of s.

22  896.101(3)(2) which involves the movement of funds in excess

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

24         Section 20.  Section 896.104, Florida Statutes, is

25  created to read:

26         896.104  Structuring transactions to evade reporting or

27  registration requirements prohibited.--

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

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

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

31  conducts or attempts to conduct one or more transactions in

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

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

  3  purpose of evading currency transaction reporting requirements

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

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

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

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

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

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

10  reporting threshold at any single financial institution on any

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

12  "structuring" provided in this subsection.

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

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

15  registration requirements of chapter 896, chapter 655, or

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

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

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

19  that person occurs in this state:

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

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

22  or registration required under those chapters and sections or

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

24  sections;

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

26  institution in this state to file an applicable report

27  required under those chapters and sections or any rule or

28  regulation adopted under those chapters and sections which

29  contains a material omission or misstatement of fact; or

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

31  structure or assist in structuring, any financial transaction

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  1  with or involving one or more financial institutions in this

  2  state.

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

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

  5  registration requirements of chapter 896, chapter 655, or

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

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

  8  state:

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

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

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

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

13  an applicable registration or report required under those

14  chapters and sections which contains a material omission or

15  misstatement of fact; or

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

17  structure or assist in structuring, any importation or

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

19  through financial institutions in this state.

20         (4)  CRIMINAL PENALTIES.--

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

22  violation involves:

23         1.  Monetary instruments exceeding $300 but less than

24  $20,000 in any 12-month period, commits a felony of the third

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

26  s. 775.084.

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

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

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

30  775.082, s. 775.083, or s. 775.084.

31

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

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

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

  4  775.084.

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

  6  775.082, s. 775.083, or s. 775.084, a person who has been

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

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

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

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

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

12  $500,000 or quintuple the value of the monetary instruments,

13  whichever is greater.

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

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

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

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

18  monetary consideration in the business of a funds transmitter

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

20  $10,000 in currency, or foreign equivalent, without being

21  registered as a money transmitter or designated as an

22  authorized vendor under the provisions of chapter 560, gives

23  rise to an inference that the transportation was done with

24  knowledge of the registration requirements of chapter 560 and

25  the reporting requirements of this chapter.

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

27  to require any new or additional reporting requirements on any

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

29         Section 21.  Section 896.105, Florida Statutes, is

30  created to read:

31

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  1         896.105  Penalty provisions not applicable to law

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

  3  including those directed at reporting violations or the

  4  conduct or attempted conduct of unlawful financial

  5  transactions, the unlawful transportation or attempted

  6  transportation of monetary instruments, and the concealment of

  7  unlawful proceeds or their ownership are not applicable to law

  8  enforcement officers who engage in aspects of such activity

  9  for bona fide authorized undercover law enforcement purposes

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

11  investigation, active criminal intelligence gathering, or

12  active prosecution.

13         Section 22.  Section 896.106, Florida Statutes, is

14  created to read:

15         896.106  Fugitive disentitlement.--A person my not use

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

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

18  third-party proceeding in any related forfeiture action if

19  that person purposely leaves the jurisdiction of this state or

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

21  submit to its jurisdiction; or otherwise evades the

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

23  against the person.

24         Section 23.  Section 896.107, Florida Statutes, is

25  created to read:

26         896.107  Rewards for informants.--

27         (1)  A law enforcement agency conducting any

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

29  to an individual who provides original information that leads

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

31  forfeiture.

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  1         (2)  The law enforcement agency shall determine the

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

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

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

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

  6  provided.

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

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

  9  performance of official duties provides information described

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

11  section.

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

13  admissibility of testimony in any court proceeding.

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

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

16  read:

17         921.0022  Criminal Punishment Code; offense severity

18  ranking chart.--

19         (3)  OFFENSE SEVERITY RANKING CHART

20

21  Florida           Felony

22  Statute           Degree             Description

23

24

25                              (g)  LEVEL 7

26  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

27                              injury.

28  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

29                              bodily injury.

30

31

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  1  402.319(2)         2nd      Misrepresentation and negligence

  2                              or intentional act resulting in

  3                              great bodily harm, permanent

  4                              disfiguration, permanent

  5                              disability, or death.

  6  409.920(2)         3rd      Medicaid provider fraud.

  7  494.0018(2)        1st      Conviction of any violation of

  8                              ss. 494.001-494.0077 in which the

  9                              total money and property

10                              unlawfully obtained exceeded

11                              $50,000 and there were five or

12                              more victims.

13  560.123(8)(b)1.    3rd      Failure to report currency or

14                              payment instruments exceeding

15                              $300 but less than $20,000 by

16                              money transmitter.

17  560.125(5)(a)      3rd      Money transmitter business by

18                              unauthorized person, currency or

19                              payment instruments exceeding

20                              $300 but less than $20,000.

21  655.50(10)(b)1.    3rd      Failure to report financial

22                              transactions exceeding $300 but

23                              less than $20,000 by financial

24                              institution.

25  782.051(3)         2nd      Attempted felony murder of a

26                              person by a person other than the

27                              perpetrator or the perpetrator of

28                              an attempted felony.

29

30

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

  2                              act, procurement, or culpable

  3                              negligence of another

  4                              (manslaughter).

  5  782.071            2nd      Killing of human being or viable

  6                              fetus by the operation of a motor

  7                              vehicle in a reckless manner

  8                              (vehicular homicide).

  9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.07(2)(d)       1st      Aggravated battery on law

23                              enforcement officer.

24  784.08(2)(a)       1st      Aggravated battery on a person 65

25                              years of age or older.

26  784.081(1)         1st      Aggravated battery on specified

27                              official or employee.

28  784.082(1)         1st      Aggravated battery by detained

29                              person on visitor or other

30                              detainee.

31

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  1  784.083(1)         1st      Aggravated battery on code

  2                              inspector.

  3  790.07(4)          1st      Specified weapons violation

  4                              subsequent to previous conviction

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

  6  790.16(1)          1st      Discharge of a machine gun under

  7                              specified circumstances.

  8  796.03             2nd      Procuring any person under 16

  9                              years for prostitution.

10  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

11                              victim less than 12 years of age;

12                              offender less than 18 years.

13  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

14                              victim 12 years of age or older

15                              but less than 16 years; offender

16                              18 years or older.

17  806.01(2)          2nd      Maliciously damage structure by

18                              fire or explosive.

19  810.02(3)(a)       2nd      Burglary of occupied dwelling;

20                              unarmed; no assault or battery.

21  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

22                              unarmed; no assault or battery.

23  810.02(3)(d)       2nd      Burglary of occupied conveyance;

24                              unarmed; no assault or battery.

25  812.014(2)(a)      1st      Property stolen, valued at

26                              $100,000 or more; property stolen

27                              while causing other property

28                              damage; 1st degree grand theft.

29

30

31

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

  2                              organizes, plans, etc., the theft

  3                              of property and traffics in

  4                              stolen property.

  5  812.131(2)(a)      2nd      Robbery by sudden snatching.

  6  812.133(2)(b)      1st      Carjacking; no firearm, deadly

  7                              weapon, or other weapon.

  8  825.102(3)(b)      2nd      Neglecting an elderly person or

  9                              disabled adult causing great

10                              bodily harm, disability, or

11                              disfigurement.

12  825.1025(2)        2nd      Lewd or lascivious battery upon

13                              an elderly person or disabled

14                              adult.

15  825.103(2)(b)      2nd      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at $20,000 or more, but

18                              less than $100,000.

19  827.03(3)(b)       2nd      Neglect of a child causing great

20                              bodily harm, disability, or

21                              disfigurement.

22  827.04(3)          3rd      Impregnation of a child under 16

23                              years of age by person 21 years

24                              of age or older.

25  837.05(2)          3rd      Giving false information about

26                              alleged capital felony to a law

27                              enforcement officer.

28  872.06             2nd      Abuse of a dead human body.

29

30

31

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

  2                              cocaine (or other drug prohibited

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

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

  5                              1,000 feet of a child care

  6                              facility or school.

  7  893.13(1)(e)       1st      Sell, manufacture, or deliver

  8                              cocaine or other drug prohibited

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

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

11                              1,000 feet of property used for

12                              religious services or a specified

13                              business site.

14  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

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

17  893.135(1)(a)1.    1st      Trafficking in cannabis, more

18                              than 50 lbs., less than 2,000

19                              lbs.

20  893.135

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

22                              28 grams, less than 200 grams.

23  893.135

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

25                              more than 4 grams, less than 14

26                              grams.

27  893.135

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

29                              more than 28 grams, less than 200

30                              grams.

31

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

  2                              than 200 grams, less than 5

  3                              kilograms.

  4  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  5                              than 14 grams, less than 28

  6                              grams.

  7  893.135

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

  9                              grams or more, less than 14

10                              grams.

11  896.101(5)(a)      3rd      Money laundering, monetary

12                              instruments exceeding $300 but

13                              less than $20,000.

14  896.104(4)(a)1.    3rd      Structuring transactions to evade

15                              reporting or registration

16                              requirements, monetary

17                              instruments exceeding $300 but

18                              less than $20,000.

19                              (h)  LEVEL 8

20  316.193

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

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

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

24                              payment instruments totaling or

25                              exceeding $20,000, but less than

26                              $100,000 by money transmitter.

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

28                              unauthorized person, currency or

29                              payment instruments totaling or

30                              exceeding $20,000, but less than

31                              $100,000.

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  1  655.50(10)(b)2.    2nd      Failure to report financial

  2                              transactions totaling or

  3                              exceeding $20,000, but less than

  4                              $100,000 by financial

  5                              institutions.

  6  777.03(2)(a)       1st      Accessory after the fact, capital

  7                              felony.

  8  782.04(4)          2nd      Killing of human without design

  9                              when engaged in act or attempt of

10                              any felony other than arson,

11                              sexual battery, robbery,

12                              burglary, kidnapping, aircraft

13                              piracy, or unlawfully discharging

14                              bomb.

15  782.051(2)         1st      Attempted felony murder while

16                              perpetrating or attempting to

17                              perpetrate a felony not

18                              enumerated in s. 782.04(3).

19  782.071(2)         1st      Committing vehicular homicide and

20                              failing to render aid or give

21                              information.

22  782.072(2)         1st      Committing vessel homicide and

23                              failing to render aid or give

24                              information.

25  790.161(3)         1st      Discharging a destructive device

26                              which results in bodily harm or

27                              property damage.

28  794.011(5)         2nd      Sexual battery, victim 12 years

29                              or over, offender does not use

30                              physical force likely to cause

31                              serious injury.

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  1  800.04(4)          2nd      Lewd or lascivious battery.

  2  806.01(1)          1st      Maliciously damage dwelling or

  3                              structure by fire or explosive,

  4                              believing person in structure.

  5  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

  6  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

  7                              or dangerous weapon.

  8  810.02(2)(c)       1st      Burglary of a dwelling or

  9                              structure causing structural

10                              damage or $1,000 or more property

11                              damage.

12  812.13(2)(b)       1st      Robbery with a weapon.

13  812.135(2)         1st      Home-invasion robbery.

14  825.102(2)         2nd      Aggravated abuse of an elderly

15                              person or disabled adult.

16  825.103(2)(a)      1st      Exploiting an elderly person or

17                              disabled adult and property is

18                              valued at $100,000 or more.

19  837.02(2)          2nd      Perjury in official proceedings

20                              relating to prosecution of a

21                              capital felony.

22  837.021(2)         2nd      Making contradictory statements

23                              in official proceedings relating

24                              to prosecution of a capital

25                              felony.

26  860.121(2)(c)      1st      Shooting at or throwing any

27                              object in path of railroad

28                              vehicle resulting in great bodily

29                              harm.

30  860.16             1st      Aircraft piracy.

31

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

  2                              grams of any substance specified

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

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

  5                              any substance specified in s.

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

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

  8                              any substance specified in s.

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

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

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

12                              lbs.

13  893.135

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

15                              200 grams, less than 400 grams.

16  893.135

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

18                              more than 14 grams, less than 28

19                              grams.

20  893.135

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

22                              more than 200 grams, less than

23                              400 grams.

24  893.135

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

26                              than 5 kilograms, less than 25

27                              kilograms.

28  893.135

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

30                              than 28 grams, less than 200

31                              grams.

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  1  893.135

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

  3                              grams or more, less than 28

  4                              grams.

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

  6                              from pattern of racketeering

  7                              activity.

  8  895.03(2)          1st      Acquire or maintain through

  9                              racketeering activity any

10                              interest in or control of any

11                              enterprise or real property.

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

13                              enterprise through pattern of

14                              racketeering activity.

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

16                              instruments exceeding $20,000,

17                              but less than $100,000.

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

19                              reporting or registration

20                              requirements, monetary

21                              instruments totaling or exceeding

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

23                              (i)  LEVEL 9

24  316.193

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

26                              render aid or give information.

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

28                              payment instruments totaling or

29                              exceeding $100,000 by money

30                              transmitter.

31

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

  2                              unauthorized person, currency, or

  3                              payment instruments totaling or

  4                              exceeding $100,000.

  5  655.50(10)(b)3.    1st      Failure to report financial

  6                              transactions totaling or

  7                              exceeding $100,000 by financial

  8                              institution.

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

10                              commit premeditated murder.

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

12                              connection with arson, sexual

13                              battery, robbery, burglary, and

14                              other specified felonies.

15  782.051(1)         1st      Attempted felony murder while

16                              perpetrating or attempting to

17                              perpetrate a felony enumerated in

18                              s. 782.04(3).

19  782.07(2)          1st      Aggravated manslaughter of an

20                              elderly person or disabled adult.

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

22                              reward or as a shield or hostage.

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

24                              or facilitate commission of any

25                              felony.

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

27                              interfere with performance of any

28                              governmental or political

29                              function.

30

31

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

  2                              age 13; perpetrator also commits

  3                              aggravated child abuse, sexual

  4                              battery, or lewd or lascivious

  5                              battery, molestation, conduct, or

  6                              exhibition.

  7  790.161            1st      Attempted capital destructive

  8                              device offense.

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

10                              less than 12 years of age.

11  794.011(2)         Life     Sexual battery; offender younger

12                              than 18 years and commits sexual

13                              battery on a person less than 12

14                              years.

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

16                              or older, certain circumstances.

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

18                              conduct with minor 12 to 18 years

19                              by person in familial or

20                              custodial authority.

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

22                              victim less than 12 years;

23                              offender 18 years or older.

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

25                              deadly weapon.

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

27                              deadly weapon.

28  827.03(2)          1st      Aggravated child abuse.

29  847.0145(1)        1st      Selling, or otherwise

30                              transferring custody or control,

31                              of a minor.

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  1  847.0145(2)        1st      Purchasing, or otherwise

  2                              obtaining custody or control, of

  3                              a minor.

  4  859.01             1st      Poisoning food, drink, medicine,

  5                              or water with intent to kill or

  6                              injure another person.

  7  893.135            1st      Attempted capital trafficking

  8                              offense.

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

10                              than 10,000 lbs.

11  893.135

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

13                              400 grams, less than 150

14                              kilograms.

15  893.135

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

17                              more than 28 grams, less than 30

18                              kilograms.

19  893.135

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

21                              more than 400 grams.

22  893.135

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

24                              than 25 kilograms.

25  893.135

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

27                              than 200 grams.

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

29                              instruments exceeding $100,000.

30

31

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

  2                              reporting or registration

  3                              requirements, monetary

  4                              instruments totaling or exceeding

  5                              $100,000.

  6         Section 25.  Section 943.032, Florida Statutes, is

  7  created to read:

  8         943.032  Financial Crime Analysis Center and Financial

  9  Transaction Database.--

10         (1)  There is created within the Florida Department of

11  Law Enforcement a Financial Crime Analysis Center and a

12  Financial Transaction Database.

13         (2)  The department shall compile information and data

14  available from financial transaction reports required to be

15  submitted by state or federal law that are provided to the

16  Department of Banking and Finance, to the Department of

17  Revenue, or to which the department otherwise has access.

18  Information and data so received shall be utilized by the

19  department in the Financial Transaction Database.  The

20  department shall implement a system utilizing the database

21  that allows data review and processing to reveal patterns,

22  trends and correlations that are indicative of money

23  laundering or other financial transactions indicative of

24  criminal activity.  The department shall, in consultation with

25  the Department of Banking and Finance and the Department of

26  Revenue, establish the methods and parameters by which

27  information and data received by the Department of Banking and

28  Finance or the Department of Revenue are transferred to the

29  department for inclusion in the database.  Information

30  developed in or through the use of the database shall be made

31  available to law enforcement agencies and prosecutors in this

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  1  state in a manner defined by the department and as allowed by

  2  state or federal law or regulation.  All information contained

  3  in the database shall be considered "active criminal

  4  intelligence" or "active criminal investigative information"

  5  as defined in s. 119.011.

  6         (3)  The Financial Crime Analysis Center shall analyze

  7  and develop information relating to money laundering, perform

  8  post-seizure analysis of currency and drug seizures in drug

  9  cases, and access information and data in the Financial

10  Transaction Database for the purposes of assisting the

11  department's drug and money laundering investigation and

12  forfeiture efforts, assisting the efforts of law enforcement

13  agencies and prosecutors in this state in investigating

14  ongoing, organized drug trafficking and money laundering

15  activities occurring within the state, and assisting the

16  department in investigations of other financial transactions

17  indicative of criminal activity.  The center may perform

18  proactive analyses of information and intelligence to assist

19  in identifying those who may be engaging in money laundering,

20  drug-related criminal activity, or other criminal activity

21  involving financial transactions, but who have evaded

22  detection, investigation, or prosecution.

23         Section 26.  (1)  There is appropriated to the Florida

24  Department of Law Enforcement $656,880 from recurring general

25  revenue and $733,639 from nonrecurring general revenue for the

26  establishment of the Financial Crimes Analysis Center and the

27  Financial Transaction Database within the department.

28         (2)  There is appropriated to the Department of Revenue

29  $420,783 from nonrecurring general revenue for the purpose of

30  providing mail notification to all registered sales tax

31  dealers, notification to new dealers at time of registration,

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  1  notification to groups not registered within the department,

  2  and public service announcements of the obligations under s.

  3  896.102 of Florida's businesses to file with the department a

  4  copy of any Form 8300 submitted by a business to the United

  5  States Internal Revenue Service.

  6         Section 27.  For fiscal year 2000-2001, 15 FTE and

  7  $1,600,000 from the State Transportation Trust Fund are

  8  appropriated to the Department of Transportation, Office of

  9  Motor Carrier Compliance, for the purpose of creating a

10  contraband interdiction program within the Office of Motor

11  Carrier Compliance.  The 15 FTE consists of seven certified

12  K-9 handlers, seven felony officers, and one support staff.

13  The teams are created to patrol major highway corridors and

14  commercial weigh stations in order to reduce the flow of

15  illicit drugs and illegal contraband on Florida's highway

16  systems.  The department shall seek additional funding from

17  federal grants and forfeiture proceedings, and may amend its

18  budget in accordance with the provisions of chapter 216,

19  Florida Statutes.

20         Section 28.  This act shall take effect July 1, 2000.

21

22            *****************************************

23                       LEGISLATIVE SUMMARY

24
      Amends various sections of the Florida Statutes providing
25    criminal standards and sanctions for money transmitting
      and money laundering.
26

27

28

29

30

31

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