1 | A bill to be entitled |
2 | An act relating to enforcement of prohibited financial |
3 | acts and practices; amending s. 517.191, F.S.; authorizing |
4 | the Attorney General to conduct certain investigations and |
5 | bring certain enforcement actions to enjoin and seek |
6 | restitution for certain acts and practices constituting |
7 | violations of certain provisions of law; providing for a |
8 | civil penalty; providing for recovery of costs and |
9 | attorney's fees; amending s. 16.56, F.S.; bringing |
10 | violations of certain additional provisions of law under |
11 | the investigation and prosecution authority of the Office |
12 | of Statewide Prosecutor; amending s. 905.34, F.S.; |
13 | bringing violations of certain additional provisions of |
14 | law under the subject matter jurisdiction of a statewide |
15 | grand jury; providing an effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. Section 517.191, Florida Statutes, is amended |
20 | to read: |
21 | 517.191 Injunction to restrain violations; enforcement.-- |
22 | (1) When it appears to the office, either upon complaint |
23 | or otherwise, that a person has engaged or is about to engage in |
24 | any act or practice constituting a violation of this chapter or |
25 | a rule or order hereunder, the office may investigate; and |
26 | whenever it shall believe from evidence satisfactory to it that |
27 | any such person has engaged, is engaged, or is about to engage |
28 | in any act or practice constituting a violation of this chapter |
29 | or a rule or order hereunder, the office may, in addition to any |
30 | other remedies, bring action in the name and on behalf of the |
31 | state against such person and any other person concerned in or |
32 | in any way participating in or about to participate in such |
33 | practices or engaging therein or doing any act or acts in |
34 | furtherance thereof or in violation of this chapter to enjoin |
35 | such person or persons from continuing such fraudulent practices |
36 | or engaging therein or doing any act or acts in furtherance |
37 | thereof or in violation of this chapter. In any such court |
38 | proceedings, the office may apply for, and on due showing be |
39 | entitled to have issued, the court's subpoena requiring |
40 | forthwith the appearance of any defendant and her or his |
41 | employees, associated persons, or agents and the production of |
42 | documents, books, and records that may appear necessary for the |
43 | hearing of such petition, to testify or give evidence concerning |
44 | the acts or conduct or things complained of in such application |
45 | for injunction. In such action, the equity courts shall have |
46 | jurisdiction of the subject matter, and a judgment may be |
47 | entered awarding such injunction as may be proper. |
48 | (2) In addition to all other means provided by law for the |
49 | enforcement of any temporary restraining order, temporary |
50 | injunction, or permanent injunction issued in any such court |
51 | proceedings, the court shall have the power and jurisdiction, |
52 | upon application of the office, to impound and to appoint a |
53 | receiver or administrator for the property, assets, and business |
54 | of the defendant, including, but not limited to, the books, |
55 | records, documents, and papers appertaining thereto. Such |
56 | receiver or administrator, when appointed and qualified, shall |
57 | have all powers and duties as to custody, collection, |
58 | administration, winding up, and liquidation of said property and |
59 | business as shall from time to time be conferred upon her or him |
60 | by the court. In any such action, the court may issue orders and |
61 | decrees staying all pending suits and enjoining any further |
62 | suits affecting the receiver's or administrator's custody or |
63 | possession of the said property, assets, and business or, in its |
64 | discretion, may with the consent of the presiding judge of the |
65 | circuit require that all such suits be assigned to the circuit |
66 | court judge appointing the said receiver or administrator. |
67 | (3) In addition to any other remedies provided by this |
68 | chapter, the office may apply to the court hearing this matter |
69 | for an order of restitution whereby the defendants in such |
70 | action shall be ordered to make restitution of those sums shown |
71 | by the office to have been obtained by them in violation of any |
72 | of the provisions of this chapter. Such restitution shall, at |
73 | the option of the court, be payable to the administrator or |
74 | receiver appointed pursuant to this section or directly to the |
75 | persons whose assets were obtained in violation of this chapter. |
76 | (4) In addition to all other means provided by law for the |
77 | enforcement of any of the provisions of this chapter, when it |
78 | appears to the Attorney General, upon complaint or otherwise, |
79 | that a person has engaged or is engaged in any act or practice |
80 | constituting a violation of s. 517.275, s. 517.301, s. 517.311, |
81 | or s. 517.312, or any rule or order adopted under such sections, |
82 | the Attorney General may conduct an investigation as provided in |
83 | ss. 517.201 and 517.2015. If the Attorney General determines |
84 | from evidence satisfactory to the Attorney General that such |
85 | person has engaged or is engaged in any act or practice |
86 | constituting a violation of s. 517.275, s. 517.301, s. 517.311, |
87 | or s. 517.312, or any rule or order adopted under such sections, |
88 | the Attorney General may bring an action against such person, |
89 | and any other person concerned with or in any way participating |
90 | or engaging in such act or practice or engaging in any activity |
91 | in furtherance of such act or practice, to obtain injunctive |
92 | relief and restitution as provided in this section and to |
93 | recover from each person a civil penalty of not more than |
94 | $10,000 for each such violation, plus the cost of such action, |
95 | including reasonable attorney?s fees. |
96 | Section 2. Paragraph (a) of subsection (1) of section |
97 | 16.56, Florida Statutes, is amended to read: |
98 | 16.56 Office of Statewide Prosecution.-- |
99 | (1) There is created in the Department of Legal Affairs an |
100 | Office of Statewide Prosecution. The office shall be a separate |
101 | "budget entity" as that term is defined in chapter 216. The |
102 | office may: |
103 | (a) Investigate and prosecute the offenses of: |
104 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
105 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
106 | carjacking, and home-invasion robbery; |
107 | 2. Any crime involving narcotic or other dangerous drugs; |
108 | 3. Any violation of the provisions of the Florida RICO |
109 | (Racketeer Influenced and Corrupt Organization) Act, including |
110 | any offense listed in the definition of racketeering activity in |
111 | s. 895.02(1)(a), providing such listed offense is investigated |
112 | in connection with a violation of s. 895.03 and is charged in a |
113 | separate count of an information or indictment containing a |
114 | count charging a violation of s. 895.03, the prosecution of |
115 | which listed offense may continue independently if the |
116 | prosecution of the violation of s. 895.03 is terminated for any |
117 | reason; |
118 | 4. Any violation of the provisions of the Florida Anti- |
119 | Fencing Act; |
120 | 5. Any violation of the provisions of the Florida |
121 | Antitrust Act of 1980, as amended; |
122 | 6. Any crime involving, or resulting in, fraud or deceit |
123 | upon any person; |
124 | 7. Any violation of s. 847.0135, relating to computer |
125 | pornography and child exploitation prevention, or any offense |
126 | related to a violation of s. 847.0135; |
127 | 8. Any violation of the provisions of chapter 815; or |
128 | 9. Any criminal violation of part I of chapter 499; |
129 | 10. Any violation of the provisions of chapter 517; or |
130 | 11. Any violation of the provisions of chapter 896; |
131 |
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132 | or any attempt, solicitation, or conspiracy to commit any of the |
133 | crimes specifically enumerated above. The office shall have such |
134 | power only when any such offense is occurring, or has occurred, |
135 | in two or more judicial circuits as part of a related |
136 | transaction, or when any such offense is connected with an |
137 | organized criminal conspiracy affecting two or more judicial |
138 | circuits. |
139 | Section 3. Section 905.34, Florida Statutes, is amended to |
140 | read: |
141 | 905.34 Powers and duties; law applicable.--The |
142 | jurisdiction of a statewide grand jury impaneled under this |
143 | chapter shall extend throughout the state. The subject matter |
144 | jurisdiction of the statewide grand jury shall be limited to the |
145 | offenses of: |
146 | (1) Bribery, burglary, carjacking, home-invasion robbery, |
147 | criminal usury, extortion, gambling, kidnapping, larceny, |
148 | murder, prostitution, perjury, and robbery; |
149 | (2) Crimes involving narcotic or other dangerous drugs; |
150 | (3) Any violation of the provisions of the Florida RICO |
151 | (Racketeer Influenced and Corrupt Organization) Act, including |
152 | any offense listed in the definition of racketeering activity in |
153 | s. 895.02(1)(a), providing such listed offense is investigated |
154 | in connection with a violation of s. 895.03 and is charged in a |
155 | separate count of an information or indictment containing a |
156 | count charging a violation of s. 895.03, the prosecution of |
157 | which listed offense may continue independently if the |
158 | prosecution of the violation of s. 895.03 is terminated for any |
159 | reason; |
160 | (4) Any violation of the provisions of the Florida Anti- |
161 | Fencing Act; |
162 | (5) Any violation of the provisions of the Florida |
163 | Antitrust Act of 1980, as amended; |
164 | (6) Any violation of the provisions of chapter 815; |
165 | (7) Any crime involving, or resulting in, fraud or deceit |
166 | upon any person; |
167 | (8) Any violation of s. 847.0135, s. 847.0137, or s. |
168 | 847.0138 relating to computer pornography and child exploitation |
169 | prevention, or any offense related to a violation of s. |
170 | 847.0135, s. 847.0137, or s. 847.0138; or |
171 | (9) Any criminal violation of part I of chapter 499; |
172 | (10) Any violation of the provisions of chapter 517; or |
173 | (11) Any violation of the provisions of chapter 896; |
174 |
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175 | or any attempt, solicitation, or conspiracy to commit any |
176 | violation of the crimes specifically enumerated above, when any |
177 | such offense is occurring, or has occurred, in two or more |
178 | judicial circuits as part of a related transaction or when any |
179 | such offense is connected with an organized criminal conspiracy |
180 | affecting two or more judicial circuits. The statewide grand |
181 | jury may return indictments and presentments irrespective of the |
182 | county or judicial circuit where the offense is committed or |
183 | triable. If an indictment is returned, it shall be certified and |
184 | transferred for trial to the county where the offense was |
185 | committed. The powers and duties of, and law applicable to, |
186 | county grand juries shall apply to a statewide grand jury except |
187 | when such powers, duties, and law are inconsistent with the |
188 | provisions of ss. 905.31-905.40. |
189 | Section 4. This act shall take effect upon becoming a law. |