HB 0205

1	A bill to be entitled
2	An act relating to transportation and sale of cigarettes;
3	amending s. 210.01, F.S.; revising and providing
4	definitions; amending s. 210.06, F.S.; revising
5	requirements for and limitations on the affixation of
6	stamps; providing requirements with respect to receipt,
7	possession, storage, and transport of unstamped cigarette
8	packages; creating s. 210.085, F.S.; requiring
9	manufacturers, importers, distributing agents, dealers,
10	and retail dealers to hold a current, valid permit to
11	sell, distribute, or receive cigarettes; amending s.
12	210.09, F.S.; providing notice and filing guidelines for
13	certain persons shipping unstamped cigarette packages;
14	authorizing certain law enforcement officials to inspect
15	certain shipping vehicles; providing for application to
16	and records requirements of manufacturers and importers;
17	amending s. 210.12, F.S.; authorizing the state to claim
18	certain property and materials from certain dealers and
19	retailers who attempt to defraud the state; authorizing
20	the destruction of certain cigarettes; amending s. 210.15,
21	F.S.; providing criteria for permit application;
22	prohibiting issuance, maintenance, or renewal of certain
23	permits for certain applicants; providing guidelines for
24	permit application denial; amending s. 210.16, F.S.;
25	revising the authority of the Division of Alcoholic
26	Beverages and Tobacco to revoke or suspend the permits of
27	certain persons under certain circumstances; revising a
28	penalty period for revoked permits; increasing a civil
29	penalty; amending s. 210.18, F.S.; expanding the group of
30	violators subject to criminal liability; prohibiting the
31	sale or possession for sale of counterfeit cigarettes;
32	providing penalties; creating s. 210.181, F.S.; providing
33	civil penalties for failure to comply with certain duties
34	or pay certain taxes; reenacting ss. 772.102(1)(a) and
35	895.02(1)(a), F.S., relating to crimes constituting a
36	"criminal activity" and definitions as used in the Florida
37	RICO Act, to incorporate the amendment to s. 210.18, F.S.,
38	in references thereto; providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Subsections (6) and (7) of section 210.01,
43	Florida Statutes, are amended, and subsections (19) through (22)
44	are added to said section, to read:
45	210.01  Definitions.--When used in this part the following
46	words shall have the meaning herein indicated:
47	(6)  "Wholesale dealer" means any person located inside or
48	outside this state who sells cigarettes to retail dealers or
49	other persons for purposes of resale only, or any person who
50	operates more than one cigarette vending machine located in more
51	than one place of business. Such term shall not include any
52	cigarette manufacturer, export warehouse proprietor, or importer
53	with a valid permit under 26 U.S.C. s. 5712 if such person sells
54	or distributes cigarettes in this state only to dealers who are
55	agents and who hold valid and current permits under s. 210.15 or
56	to any cigarette manufacturer, export warehouse proprietor, or
57	importer who holds a valid and current permit under 26 U.S.C. s.
58	5712.
59	(7)  "Retail dealer" means any person located inside or
60	outside this state other than a wholesale dealer engaged in the
61	business of selling cigarettes, including persons issued a
62	permit pursuant to s. 569.003.
63	(19)  "Stamp" or "stamps" means the indicia required to be
64	placed on cigarette packages that evidence payment of the tax on
65	cigarettes under s. 210.02.
66	(20)  "Importer" means any person with a valid permit under
67	26 U.S.C. s. 5712 who imports into the United States, directly
68	or indirectly, a finished cigarette for sale or distribution.
69	(21)  "Manufacturer" means any domestic or foreign person
70	or entity that manufactures, fabricates, assembles, processes,
71	or labels a finished cigarette.
72	(22)  "Counterfeit cigarettes" means cigarettes that have
73	false manufacturing labels, tobacco product packs with
74	counterfeit tax stamps, or any combination thereof.
75	Section 2.  Subsection (1) of section 210.06, Florida
76	Statutes, is amended, and subsection (5) is added to said
77	section, to read:
78	210.06  Affixation of stamps; presumption.--
79	(1)  Every dealer within or without the state shall affix
80	or cause to be affixed to such package or container of such
81	cigarettes such, stamps as are required under this section
82	within 10 days after receipt of such products. Dealers outside
83	this state shall affix such stamps before the shipment of
84	cigarettes into this state, evidencing the payment of the tax
85	imposed by virtue of this part before such cigarettes are
86	offered for sale or use or consumed or before they are otherwise
87	disposed of in the state.
88	(a)  A tax stamp shall be applied to all cigarette packages
89	intended for sale or distribution to consumers subject to the
90	tax imposed under s. 210.02, except as otherwise provided in
91	this part.
92	(b)  No stamp shall be applied to any cigarette package
93	exempt from tax under 26 U.S.C. s. 5704 that is distributed by a
94	manufacturer pursuant to federal regulations.
95	(c)  Dealers may apply stamps only to cigarette packages
96	received directly from a manufacturer or importer of cigarettes
97	who possesses a valid and current permit under 26 U.S.C. s.
98	5712.
99	(5)  Except as provided in s. 210.09(1), no person, other
100	than a dealer that receives unstamped cigarette packages
101	directly from a cigarette manufacturer or importer in accordance
102	with this section and s. 210.085, shall hold or possess an
103	unstamped cigarette package. Dealers shall be permitted to set
104	aside, without application of stamps, only such part of the
105	dealer's stock that is identified for sale or distribution
106	outside this state. If a dealer maintains stocks of unstamped
107	cigarette packages, such unstamped packages shall be stored
108	separately from stamped product packages. No unstamped cigarette
109	packages shall be transferred by a dealer to another facility of
110	the dealer within this state or to another person within this
111	state.
112	Section 3.  Section 210.085, Florida Statutes, is created
113	to read:
114	210.085  Transactions only with permitted manufacturers,
115	importers, distributing agents, dealers, and retail dealers.--A
116	manufacturer or importer, or a distributing agent representing a
117	manufacturer or importer, may sell or distribute cigarettes to a
118	person located or doing business within this state only if such
119	person is a dealer or importer with a valid, current permit
120	under s. 210.15. An importer may obtain cigarettes only from a
121	licensed manufacturer. A dealer may sell or distribute
122	cigarettes to a person located or doing business within this
123	state only if such person is a dealer or retail dealer with a
124	valid, current permit under s. 569.003. A dealer may obtain
125	cigarettes only from a manufacturer or importer who possesses a
126	valid, current permit under 26 U.S.C. s. 5712 or from a
127	distributing agent or dealer with a valid, current permit under
128	s. 210.15. A retail dealer may obtain cigarettes only from a
129	dealer with a valid, current permit under s. 210.15.
130	Section 4.  Subsections (1) and (3) and paragraph (a) of
131	subsection (4) of section 210.09, Florida Statutes, are amended
132	to read:
133	210.09  Records to be kept; reports to be made;
134	examination.--
135	(1)(a)  Every person who shall possess or transport any
136	unstamped cigarettes upon the public highways, roads, or streets
137	of the state, shall be required to have in his or her actual
138	possession invoices or delivery tickets for such cigarettes. The
139	absence of such invoices or delivery tickets shall be prima
140	facie evidence that such person is a dealer in cigarettes in
141	this state and subject to the provisions of this part.
142	(b)  Any person who ships unstamped cigarette packages into
143	this state other than to a manufacturer, importer, or dealer
144	holding a valid, current permit pursuant to s. 210.15 shall
145	first file with the division a notice of such shipment. This
146	paragraph shall not apply to any common or contract carrier that
147	is transporting cigarettes through this state to another
148	location outside this state under a proper bill of lading or
149	freight bill that states the quantity, source, and destination
150	of such cigarettes.
151	(c)  In any case in which the division or its duly
152	authorized agent, or any law enforcement officer of this state,
153	has knowledge or reasonable grounds to believe that any vehicle
154	is transporting cigarettes in violation of this part, the
155	division, such agent, or such law enforcement officer is
156	authorized to stop such vehicle and inspect the vehicle for
157	contraband cigarettes.
158	(3)  All manufacturers, importers, distributing agents,
159	wholesale dealers, agents, or retail dealers shall maintain and
160	keep for a period of 3 years at the place of business where any
161	transaction takes place, such records of cigarettes received,
162	sold, or delivered within the state as may be required by the
163	division. The division or its duly authorized representative is
164	hereby authorized to examine the books, papers, invoices, and
165	other records, the stock of cigarettes in and upon any premises
166	where the same are placed, stored, and sold, and the equipment
167	of any such manufacturers, importers, distributing agents,
168	wholesale dealers, agents, or retail dealers, pertaining to the
169	sale and delivery of cigarettes taxable under this part. To
170	verify the accuracy of the tax imposed and assessed by this
171	part, each person is hereby directed and required to give to the
172	division or its duly authorized representatives the means,
173	facilities, and opportunity for such examinations as are herein
174	provided for and required.
175	(4)(a)  All persons who are either cigarette manufacturers,
176	importers, wholesalers, vending machine operators, or
177	distributing agents, and agents and employees of the same, are
178	required to keep daily sales tickets or invoices of cigarette
179	sales and it shall be the duty of said persons to see that each
180	sales ticket and invoice handled by them or on behalf of them
181	show the correct name and address to whom sold and the number of
182	packages or cartons of each brand sold. It shall also be the
183	duty of said persons to see that each sales ticket or invoice
184	correctly shows whether the same is inside or outside of a
185	qualified municipality and if the sale is made within the limits
186	of a qualified municipality, the correct name of the
187	municipality must be indicated.
188	Section 5.  Subsection (1) of section 210.12, Florida
189	Statutes, is amended, subsections (2) through (6) of said
190	section are renumbered as subsections (4) through (8),
191	respectively, and new subsections (2) and (3) are added to said
192	section, to read:
193	210.12  Seizures; forfeiture proceedings.--
194	(1)  The state, acting by and through the division, shall
195	be authorized and empowered to seize, confiscate, and forfeit
196	for the use and benefit of the state, any cigarettes upon which
197	taxes payable hereunder may be unpaid or that are otherwise held
198	in violation of the requirements of this chapter, and also any
199	vending machine or receptacle in which such cigarettes upon
200	which taxes have not been paid are held for sale, or any vending
201	machine that does not have affixed thereto the identification
202	sticker required by the provisions of s. 210.07, or which does
203	not display at all times at least one package of each brand of
204	cigarettes located therein so the same is clearly visible and
205	arranged in such a manner that the cigarette tax stamp or meter
206	impression of the stamp affixed thereto is clearly visible. Such
207	seizure may be made by the division, its duly authorized
208	representative, any sheriff or deputy sheriff, or any police
209	officer.
210	(2)  All fixtures, equipment, and other materials and
211	personal property on the premises of any dealer or retail dealer
212	who, with intent to defraud the state, fails to keep or make any
213	record, return, report, or inventory required by this part;
214	keeps or makes any false or fraudulent record, return, report,
215	or inventory required by this part; refuses to pay any tax
216	imposed by this part; or attempts in any manner to evade or
217	defeat the requirements of this part shall be forfeited to the
218	state.
219	(3)  All cigarettes seized, confiscated, and forfeited to
220	the state under this part shall be destroyed.
221	Section 6.  Subsection (1) of section 210.15, Florida
222	Statutes, is amended to read:
223	210.15  Permits.--
224	(1)(a)  Every person, firm, or corporation desiring to
225	engage in business as a manufacturer, importer, exporter,
226	distributing agent, or wholesale dealer of cigarettes deal in
227	cigarettes as a distributing agent, wholesale dealer, or
228	exporter within this state shall file with the division an
229	application for a cigarette permit for each place of business
230	located within this state or, in the absence of such place of
231	business in this state, for wherever its principal place of
232	business is located with the Division of Alcoholic Beverages and
233	Tobacco. Every application for a cigarette permit shall be made
234	on forms furnished by the division and shall set forth the name
235	under which the applicant transacts or intends to transact
236	business, the location of the applicant's place of business
237	within the state, if any, and such other information as the
238	division may require. If the applicant has or intends to have
239	more than one place of business dealing in cigarettes within
240	this state, the application shall state the location of each
241	place of business. If the applicant is an association, the
242	application shall set forth the names and addresses of the
243	persons constituting the association, and if a corporation, the
244	names and addresses of the principal officers thereof and any
245	other information prescribed by the division for the purpose of
246	identification. The application shall be signed and verified by
247	oath or affirmation by the owner, if a natural person, and in
248	the case of an association or partnership, members or partners
249	thereof, and in the case of a corporation, by an executive
250	officer thereof or by any person specifically authorized by the
251	corporation to sign the application, to which shall be attached
252	the written evidence of this authority. The cigarette permit for
253	a distributing agent shall be issued annually for which an
254	annual fee of $5 shall be charged.
255	(b)  The holder of any duly issued, annual permit for a
256	distributing agent shall be entitled to a renewal of his or her
257	annual permit from year to year as a matter of course, on or
258	before July 1, upon making application to the division and upon
259	payment of this annual permit fee.
260	(c)  Permits The permit for a distributing agent, wholesale
261	dealer, or exporter shall be issued only to persons of good
262	moral character, who are not less than 18 years of age.
263	Distributing agent, wholesale dealer, or exporter Permits to
264	corporations shall be issued only to corporations whose officers
265	are of good moral character and not less than 18 years of age.
266	There shall be no exemptions from the permit fees herein
267	provided to any persons, association of persons, or corporation,
268	any law to the contrary notwithstanding.
269	(d)  No distributing agent, wholesale dealer, or exporter
270	permit under this part or chapter 569 shall be issued,
271	maintained, or renewed if the applicant, its officers, or any
272	person or persons owning directly or indirectly, in the
273	aggregate, more than 10 percent of the ownership interests in
274	the applicant:
275	1.  Owes $500 or more in delinquent cigarette taxes;
276	2.  Had a cigarette manufacturer, importer, retail dealer,
277	or dealer permit revoked by the division within the previous 2
278	years;
279	3.  Has been convicted of selling stolen or counterfeit
280	cigarettes, receiving stolen cigarettes, or being involved in
281	the counterfeiting of cigarettes;
282	4.  to any person who Has been convicted within the past 5
283	years of any offense against the cigarette laws of this state or
284	who has been convicted in this state, any other state, or the
285	United States during the past 5 years of any offense designated
286	as a felony by such state or the United States, or to a
287	corporation, any of whose officers have been so convicted. The
288	term "convicted conviction" shall include an adjudication of
289	guilt on a plea of guilty or a plea of nolo contendere, or the
290	forfeiture of a bond when charged with a crime;.
291	5.  Has imported, or caused to be imported, into the United
292	States any cigarette in violation of 19 U.S.C. s. 1681a; or
293	6.  Has imported, or caused to be imported into the United
294	States, or manufactured for sale or distribution in the United
295	States, any cigarette that does not fully comply with the Federal
296	Cigarette Labeling and Advertising Act (15 U.S.C. ss. 1331 et
297	seq.).
298	(e)(d)  The division may refuse to issue a distributing
299	agent, wholesale, or exporter permit to any person, firm, or
300	corporation whose permit under the cigarette law has been
301	revoked, or to any corporation, an officer of which has had his
302	or her permit under the cigarette law revoked, or to any person
303	who is or has been an officer of a corporation whose permit has
304	been revoked under the cigarette law. Any permit issued to a
305	firm or corporation prohibited from obtaining such permit under
306	the cigarette law may be revoked by the division.
307	(f)(e)  Prior to an application for a distributing agent,
308	wholesale dealer, or exporter permit being approved, the
309	applicant shall file a set of fingerprints on forms provided by
310	the division. The applicant shall also file a set of
311	fingerprints for any person or persons interested directly or
312	indirectly with the applicant in the business for which the
313	permit is being sought, when so required by the division. If the
314	applicant or any person interested with the applicant, either
315	directly or indirectly, in the business for which the permit is
316	sought shall be such a person as is within the definition of
317	persons to whom a distributing agent, wholesale dealer, or
318	exporter permit shall be denied, then the application may be
319	denied by the division. If the applicant is a partnership, all
320	members of the partnership are required to file said
321	fingerprints, or if a corporation, all principal officers of the
322	corporation are required to file said fingerprints. The
323	cigarette permit for a wholesale dealer or exporter shall be
324	originally issued at a fee of $100, which sum is to cover the
325	cost of the investigation required before issuing such permit.
326	(g)(f)  The cigarette permits issued under this section
327	permit for a wholesale dealer or exporter shall be renewed from
328	year to year as a matter of course, at an annual cost of $100,
329	on or before July 1, upon making application to the division and
330	upon payment of the annual renewal fee.
331	(h)(g)  Permittees, by acceptance of their permits, agree
332	that their places of business or vehicles transporting
333	cigarettes shall always be subject to be inspected and searched
334	without a search warrant for the purpose of ascertaining that
335	all provisions of this part are complied with by authorized
336	employees of the division and also by sheriffs, deputy sheriffs,
337	and police officers during business hours or during any other
338	time such premises are occupied by the permittee or other
339	persons. Retail cigarette dealers and manufacturers'
340	representatives, by dealing in cigarettes, agree that their
341	places of business or vehicles transporting cigarettes shall
342	always be subject to inspection and search without a search
343	warrant for the purpose of ascertaining that all provisions of
344	this part are complied with by authorized employees of the
345	division and also by sheriffs, deputy sheriffs, and police
346	officers during business hours or other times when the premises
347	are occupied by the retail dealer or manufacturers'
348	representatives or other persons.
349	(i)(h)  No retail sales of cigarettes may be made at a
350	location for which a wholesale dealer, distributing agent, or
351	exporter permit has been issued. The excise tax on sales made to
352	any traveling location, such as an itinerant store or industrial
353	caterer, shall be paid into the General Revenue Fund
354	unallocated. Cigarettes may be purchased for retail purposes
355	only from a person holding a wholesale dealer permit. The
356	invoice for the purchase of cigarettes must show the place of
357	business for which the purchase is made and the cigarettes
358	cannot be transferred to any other place of business for the
359	purpose of resale.
360	Section 7.  Section 210.16, Florida Statutes, is amended to
361	read:
362	210.16  Revocation or suspension of permit.--
363	(1)  The Division of Alcoholic Beverages and Tobacco is
364	given full power and authority to revoke the permit of any
365	person wholesale dealer receiving a permit to engage in business
366	under this part or chapter 569 for violation of any of the
367	provisions of this part or chapter 569.
368	(2)  The division shall revoke the permit or permits of any
369	person who would be ineligible to obtain a new license or renew
370	a license by reason of any of the conditions for permitting
371	provided in s. 210.15(1)(d)1.-5.
372	(3)(2)  The division may suspend for a reasonable period of
373	time or revoke, in its discretion, the permits of wholesale
374	dealers issued under the provisions of this part or chapter 569
375	to any person who has violated any other provision of this part
376	or chapter 569 for the same causes and under the same
377	limitations as is authorized hereunder to revoke the permits of
378	such wholesale dealers.
379	(4)(3)  No person wholesale dealer whose permit for any
380	place of business has been revoked shall engage in business
381	under this part or chapter 569 at such place of business after
382	such revocation until a new permit is issued. No person
383	wholesale dealer whose permit for any place of business has been
384	revoked shall be permitted to have said permit renewed, or to
385	obtain an additional cigarette permit for any other place of
386	business, for a period of 2 years 6 months after the date such
387	revocation becomes final.
388	(5)(4)  In addition to lieu of the suspension or revocation
389	of permits, the division may impose civil penalties against
390	holders of permits for violations of this part or rules and
391	regulations relating thereto. No civil penalty so imposed shall
392	exceed $2,500 $1,000 for each offense, and all amounts collected
393	shall be deposited with the Chief Financial Officer to the
394	credit of the General Revenue Fund. If the holder of the permit
395	fails to pay the civil penalty, his or her permit shall be
396	suspended for such period of time as the division may specify.
397	Section 8.  Subsections (2), (3), and (6) of section
398	210.18, Florida Statutes, are amended, and subsection (9) is
399	added to said section, to read:
400	210.18  Penalties for tax evasion; reports by sheriffs.--
401	(2)  Except as otherwise provided in this section, any
402	person wholesale or retail dealer who fails, neglects, or
403	refuses to comply with, or violates the provisions of, this part
404	or the rules adopted and regulations promulgated by the division
405	under this part commits is guilty of a misdemeanor of the first
406	degree, punishable as provided in s. 775.082 or s. 775.083. Any
407	person wholesale or retail dealer who has been convicted of a
408	violation of any provision of the cigarette tax law and who is
409	thereafter convicted of a further violation of the cigarette tax
410	law commits is, upon conviction of such further offense, guilty
411	of a felony of the third degree, punishable as provided in s.
412	775.082, s. 775.083, or s. 775.084.
413	(3)  Any person who falsely or fraudulently makes, forges,
414	alters, or counterfeits any stamp or impression die used in
415	meter machines prescribed by the division under the provisions
416	of this part; or, with intent to evade taxes, jams, tampers
417	with, or alters such a machine; or causes or procures to be
418	falsely or fraudulently made, forged, altered, or counterfeited
419	any such stamp or die; or knowingly and willfully utters,
420	purchases, passes or tenders as true any such false, altered, or
421	counterfeited stamp or die impression; or, with the intent to
422	defraud the state, fails to comply with any other requirement of
423	this chapter commits is guilty of a felony of the third degree,
424	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
425	(6)(a)  Every person, firm, or corporation, other than a
426	licensee under the provisions of this part, who possesses,
427	removes, deposits, or conceals, or aids in the possessing,
428	removing, depositing, or concealing of, any unstamped cigarettes
429	not in excess of 50 cartons is guilty of a misdemeanor of the
430	second degree, punishable as provided in s. 775.082 or s.
431	775.083. In lieu of the penalties provided in those sections,
432	however, the person, firm, or corporation may pay the tax plus a
433	penalty equal to the amount of the tax authorized under s.
434	210.02 on the unstamped cigarettes.
435	(a)(b)  Every person, firm, or corporation, other than a
436	licensee under the provisions of this part, who possesses,
437	removes, deposits, or conceals, or aids in the possessing,
438	removing, depositing, or concealing of, any unstamped cigarettes
439	in excess of 50 cartons is presumed to have knowledge that they
440	have not been taxed and commits is guilty of a felony of the
441	third degree, punishable as provided in s. 775.082, s. 775.083,
442	or s. 775.084.
443	(b)(c)  This section does not apply to a person possessing
444	not in excess of three cartons of such cigarettes purchased by
445	such possessor outside the state in accordance with the laws of
446	the place where purchased and brought into this state by such
447	possessor. The burden of proof that such cigarettes were
448	purchased outside the state and in accordance with the laws of
449	the place where purchased shall in all cases be upon the
450	possessor of such cigarettes.
451	(9)  Notwithstanding any other provision of law, the sale
452	or possession for sale of counterfeit cigarettes by any person
453	or by a manufacturer, importer, distributing agent, wholesale
454	dealer, or retail dealer shall result in the seizure of the
455	product and related machinery by the division or any law
456	enforcement agency and shall be punishable as follows:
457	(a)1.  A first violation with a total quantity of less than
458	two cartons of cigarettes or the equivalent amount of other
459	cigarettes shall be punishable by a fine not to exceed $1,000 or
460	five times the retail value of the cigarettes involved,
461	whichever is greater, or imprisonment not to exceed 5 years, or
462	both.
463	2.  A subsequent violation with a total quantity of less
464	than two cartons of cigarettes or the equivalent amount of other
465	cigarettes shall be punishable by a fine not to exceed $5,000 or
466	five times the retail value of the cigarettes involved,
467	whichever is greater, or imprisonment not to exceed 5 years, or
468	both, and shall also result in the revocation by the division of
469	the permit of the manufacturer, importer, distributing agent,
470	wholesale dealer, or retail dealer.
471	(b)1.  A first violation with a total quantity of two or
472	more cartons of cigarettes or the equivalent amount of other
473	cigarettes shall be punishable by a fine not to exceed $2,000 or
474	five times the retail value of the cigarettes involved,
475	whichever is greater, or imprisonment not to exceed 5 years, or
476	both.
477	2.  A subsequent violation with a quantity of two cartons
478	of cigarettes or more or the equivalent amount of other
479	cigarettes shall be punishable by a fine not to exceed $50,000
480	or five times the retail value of the cigarettes involved,
481	whichever is greater, or imprisonment not to exceed 5 years, or
482	both, and shall also result in the revocation by the division of
483	the permit of the manufacturer, importer, distributing agent,
484	wholesale dealer, or retail dealer.
485
486	For purposes of this subsection, any counterfeit cigarettes
487	seized by the division shall be destroyed.
488	Section 9.  Section 210.181, Florida Statutes, is created
489	to read:
490	210.181  Civil penalties.--
491	(1)  Whoever knowingly omits, neglects, or refuses to
492	comply with any duty imposed upon him or her by this part, or to
493	do or cause to be done any of the things required by this part,
494	or does anything prohibited by this part shall, in addition to
495	any other penalty provided in this part, be liable for a fine of
496	$1,000 or five times the retail value of the cigarettes
497	involved, whichever is greater.
498	(2)  Whoever fails to pay any tax imposed by this part at
499	the time prescribed by law or rules shall, in addition to any
500	other penalty provided in this part, be liable for a penalty of
501	five times the unpaid tax due.
502	Section 10.  For the purpose of incorporating the amendment
503	to section 210.18, Florida Statutes, in a reference thereto,
504	paragraph (a) of subsection (1) of section 772.102, Florida
505	Statutes, is reenacted to read:
506	772.102  Definitions.--As used in this chapter, the term:
507	(1)  "Criminal activity" means to commit, to attempt to
508	commit, to conspire to commit, or to solicit, coerce, or
509	intimidate another person to commit:
510	(a)  Any crime which is chargeable by indictment or
511	information under the following provisions:
512	1.  Section 210.18, relating to evasion of payment of
513	cigarette taxes.
514	2.  Section 414.39, relating to public assistance fraud.
515	3.  Section 440.105 or s. 440.106, relating to workers'
516	compensation.
517	4.  Part IV of chapter 501, relating to telemarketing.
518	5.  Chapter 517, relating to securities transactions.
519	6.  Section 550.235, s. 550.3551, or s. 550.3605, relating
520	to dogracing and horseracing.
521	7.  Chapter 550, relating to jai alai frontons.
522	8.  Chapter 552, relating to the manufacture, distribution,
523	and use of explosives.
524	9.  Chapter 562, relating to beverage law enforcement.
525	10.  Section 624.401, relating to transacting insurance
526	without a certificate of authority, s. 624.437(4)(c)1., relating
527	to operating an unauthorized multiple-employer welfare
528	arrangement, or s. 626.902(1)(b), relating to representing or
529	aiding an unauthorized insurer.
530	11.  Chapter 687, relating to interest and usurious
531	practices.
532	12.  Section 721.08, s. 721.09, or s. 721.13, relating to
533	real estate timeshare plans.
534	13.  Chapter 782, relating to homicide.
535	14.  Chapter 784, relating to assault and battery.
536	15.  Chapter 787, relating to kidnapping.
537	16.  Chapter 790, relating to weapons and firearms.
538	17.  Section 796.03, s. 796.04, s. 796.05, or s. 796.07,
539	relating to prostitution.
540	18.  Chapter 806, relating to arson.
541	19.  Section 810.02(2)(c), relating to specified burglary
542	of a dwelling or structure.
543	20.  Chapter 812, relating to theft, robbery, and related
544	crimes.
545	21.  Chapter 815, relating to computer-related crimes.
546	22.  Chapter 817, relating to fraudulent practices, false
547	pretenses, fraud generally, and credit card crimes.
548	23.  Section 827.071, relating to commercial sexual
549	exploitation of children.
550	24.  Chapter 831, relating to forgery and counterfeiting.
551	25.  Chapter 832, relating to issuance of worthless checks
552	and drafts.
553	26.  Section 836.05, relating to extortion.
554	27.  Chapter 837, relating to perjury.
555	28.  Chapter 838, relating to bribery and misuse of public
556	office.
557	29.  Chapter 843, relating to obstruction of justice.
558	30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
559	s. 847.07, relating to obscene literature and profanity.
560	31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
561	849.25, relating to gambling.
562	32.  Chapter 893, relating to drug abuse prevention and
563	control.
564	33.  Section 914.22 or s. 914.23, relating to witnesses,
565	victims, or informants.
566	34.  Section 918.12 or s. 918.13, relating to tampering
567	with jurors and evidence.
568	Section 11.  For the purpose of incorporating the amendment
569	to section 210.18, Florida Statutes, in a reference thereto,
570	paragraph (a) of subsection (1) of section 895.02, Florida
571	Statutes, is reenacted to read:
572	895.02  Definitions.--As used in ss. 895.01-895.08, the
573	term:
574	(1)  "Racketeering activity" means to commit, to attempt to
575	commit, to conspire to commit, or to solicit, coerce, or
576	intimidate another person to commit:
577	(a)  Any crime which is chargeable by indictment or
578	information under the following provisions of the Florida
579	Statutes:
580	1.  Section 210.18, relating to evasion of payment of
581	cigarette taxes.
582	2.  Section 403.727(3)(b), relating to environmental
583	control.
584	3.  Section 409.920 or s. 409.9201, relating to Medicaid
585	fraud.
586	4.  Section 414.39, relating to public assistance fraud.
587	5.  Section 440.105 or s. 440.106, relating to workers'
588	compensation.
589	6.  Section 465.0161, relating to distribution of medicinal
590	drugs without a permit as an Internet pharmacy.
591	7.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
592	499.0691, relating to crimes involving contraband and
593	adulterated drugs.
594	8.  Part IV of chapter 501, relating to telemarketing.
595	9.  Chapter 517, relating to sale of securities and
596	investor protection.
597	10.  Section 550.235, s. 550.3551, or s. 550.3605, relating
598	to dogracing and horseracing.
599	11.  Chapter 550, relating to jai alai frontons.
600	12.  Chapter 552, relating to the manufacture,
601	distribution, and use of explosives.
602	13.  Chapter 560, relating to money transmitters, if the
603	violation is punishable as a felony.
604	14.  Chapter 562, relating to beverage law enforcement.
605	15.  Section 624.401, relating to transacting insurance
606	without a certificate of authority, s. 624.437(4)(c)1., relating
607	to operating an unauthorized multiple-employer welfare
608	arrangement, or s. 626.902(1)(b), relating to representing or
609	aiding an unauthorized insurer.
610	16.  Section 655.50, relating to reports of currency
611	transactions, when such violation is punishable as a felony.
612	17.  Chapter 687, relating to interest and usurious
613	practices.
614	18.  Section 721.08, s. 721.09, or s. 721.13, relating to
615	real estate timeshare plans.
616	19.  Chapter 782, relating to homicide.
617	20.  Chapter 784, relating to assault and battery.
618	21.  Chapter 787, relating to kidnapping.
619	22.  Chapter 790, relating to weapons and firearms.
620	23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
621	796.05, or s. 796.07, relating to prostitution and sex
622	trafficking.
623	24.  Chapter 806, relating to arson.
624	25.  Section 810.02(2)(c), relating to specified burglary
625	of a dwelling or structure.
626	26.  Chapter 812, relating to theft, robbery, and related
627	crimes.
628	27.  Chapter 815, relating to computer-related crimes.
629	28.  Chapter 817, relating to fraudulent practices, false
630	pretenses, fraud generally, and credit card crimes.
631	29.  Chapter 825, relating to abuse, neglect, or
632	exploitation of an elderly person or disabled adult.
633	30.  Section 827.071, relating to commercial sexual
634	exploitation of children.
635	31.  Chapter 831, relating to forgery and counterfeiting.
636	32.  Chapter 832, relating to issuance of worthless checks
637	and drafts.
638	33.  Section 836.05, relating to extortion.
639	34.  Chapter 837, relating to perjury.
640	35.  Chapter 838, relating to bribery and misuse of public
641	office.
642	36.  Chapter 843, relating to obstruction of justice.
643	37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
644	s. 847.07, relating to obscene literature and profanity.
645	38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
646	849.25, relating to gambling.
647	39.  Chapter 874, relating to criminal street gangs.
648	40.  Chapter 893, relating to drug abuse prevention and
649	control.
650	41.  Chapter 896, relating to offenses related to financial
651	transactions.
652	42.  Sections 914.22 and 914.23, relating to tampering with
653	a witness, victim, or informant, and retaliation against a
654	witness, victim, or informant.
655	43.  Sections 918.12 and 918.13, relating to tampering with
656	jurors and evidence.
657	Section 12.  This act shall take effect upon becoming a
658	law.

CODING: Words stricken are deletions; words underlined are additions.