HB 0205

CS

CHAMBER ACTION

1	The Business Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to contraband and counterfeit cigarettes;
7	providing additional regulatory and enforcement measures;
8	amending s. 210.01, F.S.; revising and providing
9	definitions; amending s. 210.06, F.S.; revising
10	requirements for and limitations on the affixation of
11	stamps; providing requirements with respect to receipt,
12	possession, storage, and transport of unstamped cigarette
13	packages; creating s. 210.085, F.S.; requiring
14	manufacturers, importers, distributing agents, dealers,
15	and retail dealers to hold a current, valid permit to
16	sell, distribute, or receive cigarettes; amending s.
17	210.09, F.S.; providing notice and filing guidelines for
18	certain persons shipping unstamped cigarette packages;
19	authorizing certain law enforcement officials to inspect
20	certain shipping vehicles; providing for application to
21	and records requirements of manufacturers and importers;
22	amending s. 210.12, F.S.; authorizing the state to claim
23	certain property and materials from certain dealers and
24	retailers who attempt to defraud the state; authorizing
25	the destruction of certain cigarettes; amending s. 210.15,
26	F.S.; providing criteria for permit application;
27	prohibiting issuance, maintenance, or renewal of certain
28	permits for certain applicants; providing guidelines for
29	permit application denial; amending s. 210.16, F.S.;
30	revising the authority of the Division of Alcoholic
31	Beverages and Tobacco to revoke or suspend the permits of
32	certain persons under certain circumstances; revising a
33	penalty period for revoked permits; increasing a civil
34	penalty; amending s. 210.18, F.S.; expanding the group of
35	violators subject to criminal liability; prohibiting the
36	sale or possession for sale of counterfeit cigarettes;
37	providing penalties; creating s. 210.181, F.S.; providing
38	civil penalties for failure to comply with certain duties
39	or pay certain taxes; reenacting ss. 772.102(1)(a) and
40	895.02(1)(a), F.S., relating to crimes constituting a
41	"criminal activity" and definitions as used in the Florida
42	RICO Act, to incorporate the amendment to s. 210.18, F.S.,
43	in references thereto; providing an effective date.
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1.  Subsections (6) and (7) of section 210.01,
48	Florida Statutes, are amended, and subsections (19) through (22)
49	are added to said section, to read:
50	210.01  Definitions.--When used in this part the following
51	words shall have the meaning herein indicated:
52	(6)  "Wholesale dealer" means any person located inside or
53	outside this state who sells cigarettes to retail dealers or
54	other persons for purposes of resale only, or any person who
55	operates more than one cigarette vending machine located in more
56	than one place of business. Such term shall not include any
57	cigarette manufacturer, export warehouse proprietor, or importer
58	with a valid permit under 26 U.S.C. s. 5712 if such person sells
59	or distributes cigarettes in this state only to dealers who are
60	agents and who hold valid and current permits under s. 210.15 or
61	to any cigarette manufacturer, export warehouse proprietor, or
62	importer who holds a valid and current permit under 26 U.S.C. s.
63	5712.
64	(7)  "Retail dealer" means any person located inside or
65	outside this state other than a wholesale dealer engaged in the
66	business of selling cigarettes, including persons issued a
67	permit pursuant to s. 569.003.
68	(19)  "Stamp" or "stamps" means the indicia required to be
69	placed on cigarette packages that evidence payment of the tax on
70	cigarettes under s. 210.02.
71	(20)  "Importer" means any person with a valid permit under
72	26 U.S.C. s. 5712 who imports into the United States, directly
73	or indirectly, a finished cigarette for sale or distribution.
74	(21)  "Manufacturer" means any domestic person or entity
75	with a valid permit under 26 U.S.C. s. 5712 that manufactures,
76	fabricates, assembles, processes, or labels a finished
77	cigarette.
78	(22)  "Counterfeit cigarettes" means cigarettes that have
79	false manufacturing labels, tobacco product packs with
80	counterfeit tax stamps, or any combination thereof.
81	Section 2.  Subsection (1) of section 210.06, Florida
82	Statutes, is amended, and subsection (5) is added to said
83	section, to read:
84	210.06  Affixation of stamps; presumption.--
85	(1)  Every dealer within or without the state shall affix
86	or cause to be affixed to such package or container of such
87	cigarettes such, stamps as are required under this section
88	within 10 days after receipt of such products. Dealers outside
89	this state shall affix such stamps before the shipment of
90	cigarettes into this state, evidencing the payment of the tax
91	imposed by virtue of this part before such cigarettes are
92	offered for sale or use or consumed or before they are otherwise
93	disposed of in the state.
94	(a)  A tax stamp shall be applied to all cigarette packages
95	intended for sale or distribution to consumers subject to the
96	tax imposed under s. 210.02, except as otherwise provided in
97	this part.
98	(b)  No stamp shall be applied to any cigarette package
99	exempt from tax under 26 U.S.C. s. 5704 that is distributed by a
100	manufacturer pursuant to federal regulations.
101	(c)  Dealers may apply stamps only to cigarette packages
102	received directly from a manufacturer or importer of cigarettes,
103	or a distributing agent representing a manufacturer or importer
104	of cigarettes, who possesses a valid and current permit under
105	this part.
106	(5)  Except as provided in s. 210.04(9) or s. 210.09(1), no
107	person, other than a dealer or distributing agent that receives
108	unstamped cigarette packages directly from a cigarette
109	manufacturer or importer in accordance with this section and s.
110	210.085, shall hold or possess an unstamped cigarette package.
111	Dealers shall be permitted to set aside, without application of
112	stamps, only such part of the dealer's stock that is identified
113	for sale or distribution outside this state. If a dealer
114	maintains stocks of unstamped cigarette packages, such unstamped
115	packages shall be stored separately from stamped product
116	packages. No unstamped cigarette packages shall be transferred
117	by a dealer to another facility of the dealer within this state
118	or to another person within this state.
119	Section 3.  Section 210.085, Florida Statutes, is created
120	to read:
121	210.085  Transactions only with permitted manufacturers,
122	importers, distributing agents, dealers, and retail
123	dealers.--Except as otherwise provided in s. 210.04(9), a
124	manufacturer or importer, or a distributing agent representing a
125	manufacturer or importer, may sell or distribute cigarettes to a
126	person located or doing business within this state only if such
127	person is a dealer or importer with a valid, current permit
128	under s. 210.15. A distributing agent may accept cigarettes from
129	a manufacturer or importer with a valid, current permit for
130	transfer to a dealer with a valid, current permit but may not
131	own or sell cigarettes. A dealer may sell or distribute
132	cigarettes to a person located or doing business within this
133	state only if such person is a dealer or retail dealer with a
134	valid, current permit under s. 569.003. A dealer may obtain
135	cigarettes only from a manufacturer or importer or from a
136	distributing agent or dealer with a valid, current permit under
137	s. 210.15. A retail dealer may obtain cigarettes only from a
138	dealer with a valid, current permit under s. 210.15.
139	Section 4.  Subsections (1), (2), and (3) and paragraph (a)
140	of subsection (4) of section 210.09, Florida Statutes, are
141	amended to read:
142	210.09  Records to be kept; reports to be made;
143	examination.--
144	(1)(a)  Every person who shall possess or transport any
145	unstamped cigarettes upon the public highways, roads, or streets
146	of the state, shall be required to have in his or her actual
147	possession invoices or delivery tickets for such cigarettes. The
148	absence of such invoices or delivery tickets shall be prima
149	facie evidence that such person is a dealer in cigarettes in
150	this state and subject to the provisions of this part.
151	(b)  Any person who ships unstamped cigarette packages into
152	this state other than to a manufacturer, an importer, or a
153	distributing agent representing a manufacturer or an importer,
154	or dealer holding a valid, current permit pursuant to s. 210.15
155	shall first file with the division a notice of such shipment.
156	This paragraph shall not apply to any common or contract carrier
157	that is transporting cigarettes through this state to another
158	location outside this state under a proper bill of lading or
159	freight bill that states the quantity, source, and destination
160	of such cigarettes or to cigarettes shipped or otherwise
161	transported pursuant to s. 210.04(9).
162	(c)  In any case in which the division or its duly
163	authorized agent, or any law enforcement officer of this state,
164	has knowledge or reasonable grounds to believe that any vehicle
165	is transporting cigarettes in violation of this part, the
166	division, such agent, or such law enforcement officer is
167	authorized to stop such vehicle and inspect the vehicle for
168	contraband cigarettes.
169	(2)  The division is authorized to prescribe and promulgate
170	by rules and regulations, which shall have the force and effect
171	of the law, such records to be kept and reports to be made to
172	the division by any manufacturer, importer, distributing agent,
173	wholesale dealer, retail dealer, common carrier, or any other
174	person handling, transporting or possessing cigarettes for sale
175	or distribution within the state as may be necessary to collect
176	and properly distribute the taxes imposed by s. 210.02. All
177	reports shall be made on or before the 10th day of the month
178	following the month for which the report is made, unless the
179	division by rule or regulation shall prescribe that reports be
180	made more often.
181	(3)  All manufacturers, importers, distributing agents,
182	wholesale dealers, agents, or retail dealers shall maintain and
183	keep for a period of 3 years at the place of business where any
184	transaction takes place, such records of cigarettes received,
185	sold, or delivered within the state as may be required by the
186	division. The division or its duly authorized representative is
187	hereby authorized to examine the books, papers, invoices, and
188	other records, the stock of cigarettes in and upon any premises
189	where the same are placed, stored, and sold, and the equipment
190	of any such manufacturers, importers, distributing agents,
191	wholesale dealers, agents, or retail dealers, pertaining to the
192	sale and delivery of cigarettes taxable under this part. To
193	verify the accuracy of the tax imposed and assessed by this
194	part, each person is hereby directed and required to give to the
195	division or its duly authorized representatives the means,
196	facilities, and opportunity for such examinations as are herein
197	provided for and required.
198	(4)(a)  All persons who are either cigarette manufacturers,
199	importers, wholesalers, vending machine operators or
200	distributing agents, and agents and employees of the same, are
201	required to keep daily sales tickets or invoices of cigarette
202	sales and it shall be the duty of said persons to see that each
203	sales ticket and invoice handled by them or on behalf of them
204	show the correct name and address to whom sold and the number of
205	packages or cartons of each brand sold. It shall also be the
206	duty of said persons to see that each sales ticket or invoice
207	correctly shows whether the same is inside or outside of a
208	qualified municipality and if the sale is made within the limits
209	of a qualified municipality, the correct name of the
210	municipality must be indicated.
211	Section 5.  Subsection (1) of section 210.12, Florida
212	Statutes, is amended, subsections (2) through (6) of said
213	section are renumbered as subsections (4) through (8),
214	respectively, and new subsections (2) and (3) are added to said
215	section, to read:
216	210.12  Seizures; forfeiture proceedings.--
217	(1)  The state, acting by and through the division, shall
218	be authorized and empowered to seize, confiscate, and forfeit
219	for the use and benefit of the state, any cigarettes upon which
220	taxes payable hereunder may be unpaid or that are otherwise held
221	in violation of the requirements of this chapter, and also any
222	vending machine or receptacle in which such cigarettes upon
223	which taxes have not been paid are held for sale, or any vending
224	machine that does not have affixed thereto the identification
225	sticker required by the provisions of s. 210.07, or which does
226	not display at all times at least one package of each brand of
227	cigarettes located therein so the same is clearly visible and
228	arranged in such a manner that the cigarette tax stamp or meter
229	impression of the stamp affixed thereto is clearly visible. Such
230	seizure may be made by the division, its duly authorized
231	representative, any sheriff or deputy sheriff, or any police
232	officer.
233	(2)  All fixtures, equipment, and other materials and
234	personal property on the premises of any dealer, retail dealer,
235	or distributing agent who, with intent to defraud the state,
236	fails to keep or make any record, return, report, or inventory
237	required by this part; keeps or makes any false or fraudulent
238	record, return, report, or inventory required by this part;
239	refuses to pay any tax imposed by this part; or attempts in any
240	manner to evade or defeat the requirements of this part shall be
241	forfeited to the state.
242	(3)  All cigarettes seized, confiscated, and forfeited to
243	the state under this part shall be destroyed.
244	Section 6.  Subsection (1) of section 210.15, Florida
245	Statutes, is amended to read:
246	210.15  Permits.--
247	(1)(a)  Every person, firm, or corporation desiring to
248	engage in business as a manufacturer, importer, exporter,
249	distributing agent, or wholesale dealer of cigarettes deal in
250	cigarettes as a distributing agent, wholesale dealer, or
251	exporter within this state shall file with the division an
252	application for a cigarette permit for each place of business
253	located within this state or, in the absence of such place of
254	business in this state, for wherever its principal place of
255	business is located with the Division of Alcoholic Beverages and
256	Tobacco. Every application for a cigarette permit shall be made
257	on forms furnished by the division and shall set forth the name
258	under which the applicant transacts or intends to transact
259	business, the location of the applicant's place of business
260	within the state, if any, and such other information as the
261	division may require. If the applicant has or intends to have
262	more than one place of business dealing in cigarettes within
263	this state, the application shall state the location of each
264	place of business. If the applicant is an association, the
265	application shall set forth the names and addresses of the
266	persons constituting the association, and if a corporation, the
267	names and addresses of the principal officers thereof and any
268	other information prescribed by the division for the purpose of
269	identification. The application shall be signed and verified by
270	oath or affirmation by the owner, if a natural person, and in
271	the case of an association or partnership, members or partners
272	thereof, and in the case of a corporation, by an executive
273	officer thereof or by any person specifically authorized by the
274	corporation to sign the application, to which shall be attached
275	the written evidence of this authority. The cigarette permit for
276	a distributing agent shall be issued annually for which an
277	annual fee of $5 shall be charged.
278	(b)  The holder of any duly issued, annual permit for a
279	distributing agent shall be entitled to a renewal of his or her
280	annual permit from year to year as a matter of course, on or
281	before July 1, upon making application to the division and upon
282	payment of this annual permit fee.
283	(b)(c)  Permits The permit for a distributing agent,
284	wholesale dealer, or exporter shall be issued only to persons of
285	good moral character, who are not less than 18 years of age.
286	Distributing agent, wholesale dealer, or exporter Permits to
287	corporations shall be issued only to corporations whose officers
288	are of good moral character and not less than 18 years of age.
289	There shall be no exemptions from the permit fees herein
290	provided to any persons, association of persons, or corporation,
291	any law to the contrary notwithstanding.
292	(c)  No distributing agent, wholesale dealer, or exporter
293	permit under this part or chapter 569 shall be issued,
294	maintained, or renewed if the applicant, its officers, or any
295	person or persons owning directly or indirectly, in the
296	aggregate, more than 10 percent of the ownership interests in
297	the applicant:
298	1.  Has been finally adjudicated as owing $500 or more in
299	delinquent cigarette taxes;
300	2.  Had a permit revoked by the division within the
301	previous 2 years;
302	3.  Has been convicted of selling stolen or counterfeit
303	cigarettes, receiving stolen cigarettes, or being involved in
304	the counterfeiting of cigarettes;
305	4.  to any person who Has been convicted within the past 5
306	years of any offense against the cigarette laws of this state or
307	who has been convicted in this state, any other state, or the
308	United States during the past 5 years of any offense designated
309	as a felony by such state or the United States, or to a
310	corporation, any of whose officers have been so convicted. The
311	term "convicted conviction" shall include an adjudication of
312	guilt on a plea of guilty or a plea of nolo contendere, or the
313	forfeiture of a bond when charged with a crime;.
314	5.  Has imported, or caused to be imported, into the United
315	States any cigarette in violation of 19 U.S.C. s. 1681a; or
316	6.  Has imported, or caused to be imported into the United
317	States, or manufactured for sale or distribution in the United
318	States, any cigarette that does not fully comply with the
319	Federal Cigarette Labeling and Advertising Act (15 U.S.C. ss.
320	1331 et seq.).
321	(d)  The division may refuse to issue a distributing agent,
322	wholesale, or exporter permit to any person, firm, or
323	corporation whose permit under the cigarette law has been
324	revoked, or to any corporation, an officer of which has had his
325	or her permit under the cigarette law revoked, or to any person
326	who is or has been an officer of a corporation whose permit has
327	been revoked under the cigarette law. Any permit issued to a
328	firm or corporation prohibited from obtaining such permit under
329	the cigarette law may be revoked by the division.
330	(e)  Prior to an application for a distributing agent,
331	wholesale dealer, or exporter permit being approved, the
332	applicant shall file a set of fingerprints on forms provided by
333	the division. The applicant shall also file a set of
334	fingerprints for any person or persons interested directly or
335	indirectly with the applicant in the business for which the
336	permit is being sought, when so required by the division. If the
337	applicant or any person interested with the applicant, either
338	directly or indirectly, in the business for which the permit is
339	sought shall be such a person as is within the definition of
340	persons to whom a distributing agent, wholesale dealer, or
341	exporter permit shall be denied, then the application may be
342	denied by the division. If the applicant is a partnership, all
343	members of the partnership are required to file said
344	fingerprints, or if a corporation, all principal officers of the
345	corporation are required to file said fingerprints. The
346	cigarette permit for a manufacturer, importer, distributing
347	agent, wholesale dealer, or exporter shall be originally issued
348	at a fee of $100, which sum is to cover the cost of the
349	investigation required before issuing such permit.
350	(f)  The cigarette permits issued under this section permit
351	for a wholesale dealer or exporter shall be renewed from year to
352	year as a matter of course, at an annual cost of $100, on or
353	before July 1, upon making application to the division and upon
354	payment of the annual renewal fee.
355	(g)  Permittees, by acceptance of their permits, agree that
356	their places of business or vehicles transporting cigarettes
357	shall always be subject to be inspected and searched without a
358	search warrant for the purpose of ascertaining that all
359	provisions of this part are complied with by authorized
360	employees of the division and also by sheriffs, deputy sheriffs,
361	and police officers during business hours or during any other
362	time such premises are occupied by the permittee or other
363	persons. Retail cigarette dealers and manufacturers'
364	representatives, by dealing in cigarettes, agree that their
365	places of business or vehicles transporting cigarettes shall
366	always be subject to inspection and search without a search
367	warrant for the purpose of ascertaining that all provisions of
368	this part are complied with by authorized employees of the
369	division and also by sheriffs, deputy sheriffs, and police
370	officers during business hours or other times when the premises
371	are occupied by the retail dealer or manufacturers'
372	representatives or other persons.
373	(h)  No retail sales of cigarettes may be made at a
374	location for which a wholesale dealer, distributing agent, or
375	exporter permit has been issued. The excise tax on sales made to
376	any traveling location, such as an itinerant store or industrial
377	caterer, shall be paid into the General Revenue Fund
378	unallocated. Cigarettes may be purchased for retail purposes
379	only from a person holding a wholesale dealer permit. The
380	invoice for the purchase of cigarettes must show the place of
381	business for which the purchase is made and the cigarettes
382	cannot be transferred to any other place of business for the
383	purpose of resale.
384	Section 7.  Section 210.16, Florida Statutes, is amended to
385	read:
386	210.16  Revocation or suspension of permit.--
387	(1)  The Division of Alcoholic Beverages and Tobacco is
388	given full power and authority to revoke the permit of any
389	person wholesale dealer receiving a permit to engage in business
390	under this part or chapter 569 for violation of any of the
391	provisions of this part or chapter 569.
392	(2)  The division shall revoke the permit or permits of any
393	person who would be ineligible to obtain a new license or renew
394	a license by reason of any of the conditions for permitting
395	provided in s. 210.15(1)(c)1.-6.
396	(3)(2)  The division may suspend for a reasonable period of
397	time or revoke, in its discretion, the permits of wholesale
398	dealers issued under the provisions of this part or chapter 569
399	to any person who has violated any other provision of this part
400	or chapter 569 for the same causes and under the same
401	limitations as is authorized hereunder to revoke the permits of
402	such wholesale dealers.
403	(4)(3)  No person wholesale dealer whose permit for any
404	place of business has been revoked shall engage in business
405	under this part or chapter 569 at such place of business after
406	such revocation until a new permit is issued. No person
407	wholesale dealer whose permit for any place of business has been
408	revoked shall be permitted to have said permit renewed, or to
409	obtain an additional cigarette permit for any other place of
410	business, for a period of 2 years 6 months after the date such
411	revocation becomes final.
412	(5)(4)  In addition to lieu of the suspension or revocation
413	of permits, the division may impose civil penalties against
414	holders of permits for violations of this part or rules and
415	regulations relating thereto. No civil penalty so imposed shall
416	exceed $2,500 $1,000 for each offense, and all amounts collected
417	shall be deposited with the Chief Financial Officer to the
418	credit of the General Revenue Fund. If the holder of the permit
419	fails to pay the civil penalty, his or her permit shall be
420	suspended for such period of time as the division may specify.
421	Section 8.  Subsections (2) and (3) of section 210.18,
422	Florida Statutes, are amended, and subsection (9) is added to
423	said section, to read:
424	210.18  Penalties for tax evasion; reports by sheriffs.--
425	(2)  Except as otherwise provided in this section, any
426	person wholesale or retail dealer who fails, neglects, or
427	refuses to comply with, or violates the provisions of, this part
428	or the rules adopted and regulations promulgated by the division
429	under this part commits is guilty of a misdemeanor of the first
430	degree, punishable as provided in s. 775.082 or s. 775.083. Any
431	person wholesale or retail dealer who has been convicted of a
432	violation of any provision of the cigarette tax law and who is
433	thereafter convicted of a further violation of the cigarette tax
434	law commits is, upon conviction of such further offense, guilty
435	of a felony of the third degree, punishable as provided in s.
436	775.082, s. 775.083, or s. 775.084.
437	(3)  Any person who falsely or fraudulently makes, forges,
438	alters, or counterfeits any stamp or impression die used in
439	meter machines prescribed by the division under the provisions
440	of this part; or, with intent to evade taxes, jams, tampers
441	with, or alters such a machine; or causes or procures to be
442	falsely or fraudulently made, forged, altered, or counterfeited
443	any such stamp or die; or knowingly and willfully utters,
444	purchases, passes or tenders as true any such false, altered, or
445	counterfeited stamp or die impression; or, with the intent to
446	defraud the state, fails to comply with any other requirement of
447	this chapter commits is guilty of a felony of the third degree,
448	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
449	(9)  Notwithstanding any other provision of law, the sale
450	or possession for sale of counterfeit cigarettes by any person
451	or by a manufacturer, importer, distributing agent, wholesale
452	dealer, or retail dealer shall result in the seizure of the
453	product and related machinery by the division or any law
454	enforcement agency and may be punishable as follows:
455	(a)1.  A first violation with a total quantity of less than
456	two cartons of cigarettes or the equivalent amount of other
457	cigarettes, by a person who does not hold a permit or who holds
458	a retail permit pursuant to this part and 10 cartons or the
459	equivalent amount of other cigarettes by the holder of any other
460	type of permit, may be punishable by a fine not to exceed $1,000
461	or five times the retail value of the cigarettes involved,
462	whichever is greater, or imprisonment not to exceed 5 years, or
463	both.
464	2.  A subsequent violation with a total quantity of less
465	than two cartons of cigarettes or the equivalent amount of other
466	cigarettes may be punishable by a fine not to exceed $5,000 or
467	five times the retail value of the cigarettes involved,
468	whichever is greater, or imprisonment not to exceed 5 years, or
469	both, and shall also result in the revocation by the division of
470	the permit of the manufacturer, importer, distributing agent,
471	wholesale dealer, or retail dealer.
472	(b)1.  A first violation with a total quantity of two or
473	more cartons of cigarettes or the equivalent amount of other
474	cigarettes may be punishable by a fine not to exceed $2,000 or
475	five times the retail value of the cigarettes involved,
476	whichever is greater, or imprisonment not to exceed 5 years, or
477	both.
478	2.  A subsequent violation with a quantity of two cartons
479	of cigarettes or more or the equivalent amount of other
480	cigarettes may be punishable by a fine not to exceed $50,000 or
481	five times the retail value of the cigarettes involved,
482	whichever is greater, or imprisonment not to exceed 5 years, or
483	both, and shall also result in the revocation by the division of
484	the permit of the manufacturer, importer, distributing agent,
485	wholesale dealer, or retail dealer.
486
487	For purposes of this subsection, any counterfeit cigarettes
488	seized by the division shall be destroyed.
489	Section 9.  Section 210.181, Florida Statutes, is created
490	to read:
491	210.181  Civil penalties.--
492	(1)  Except as provided in s. 210.16(5), whoever knowingly
493	omits, neglects, or refuses to comply with any duty imposed upon
494	him or her by this part, or to do or cause to be done any of the
495	things required by this part, or does anything prohibited by
496	this part shall, in addition to any other penalty provided in
497	this part, be liable for a fine of $1,000 or five times the
498	retail value of the cigarettes involved, whichever is greater.
499	(2)  Whoever fails to pay any tax imposed by this part at
500	the time prescribed by law or rules shall, in addition to any
501	other penalty provided in this part, be liable for a penalty of
502	five times the unpaid tax due.
503	Section 10.  For the purpose of incorporating the amendment
504	to section 210.18, Florida Statutes, in a reference thereto,
505	paragraph (a) of subsection (1) of section 772.102, Florida
506	Statutes, is reenacted to read:
507	772.102  Definitions.--As used in this chapter, the term:
508	(1)  "Criminal activity" means to commit, to attempt to
509	commit, to conspire to commit, or to solicit, coerce, or
510	intimidate another person to commit:
511	(a)  Any crime which is chargeable by indictment or
512	information under the following provisions:
513	1.  Section 210.18, relating to evasion of payment of
514	cigarette taxes.
515	2.  Section 414.39, relating to public assistance fraud.
516	3.  Section 440.105 or s. 440.106, relating to workers'
517	compensation.
518	4.  Part IV of chapter 501, relating to telemarketing.
519	5.  Chapter 517, relating to securities transactions.
520	6.  Section 550.235, s. 550.3551, or s. 550.3605, relating
521	to dogracing and horseracing.
522	7.  Chapter 550, relating to jai alai frontons.
523	8.  Chapter 552, relating to the manufacture, distribution,
524	and use of explosives.
525	9.  Chapter 562, relating to beverage law enforcement.
526	10.  Section 624.401, relating to transacting insurance
527	without a certificate of authority, s. 624.437(4)(c)1., relating
528	to operating an unauthorized multiple-employer welfare
529	arrangement, or s. 626.902(1)(b), relating to representing or
530	aiding an unauthorized insurer.
531	11.  Chapter 687, relating to interest and usurious
532	practices.
533	12.  Section 721.08, s. 721.09, or s. 721.13, relating to
534	real estate timeshare plans.
535	13.  Chapter 782, relating to homicide.
536	14.  Chapter 784, relating to assault and battery.
537	15.  Chapter 787, relating to kidnapping.
538	16.  Chapter 790, relating to weapons and firearms.
539	17.  Section 796.03, s. 796.04, s. 796.05, or s. 796.07,
540	relating to prostitution.
541	18.  Chapter 806, relating to arson.
542	19.  Section 810.02(2)(c), relating to specified burglary
543	of a dwelling or structure.
544	20.  Chapter 812, relating to theft, robbery, and related
545	crimes.
546	21.  Chapter 815, relating to computer-related crimes.
547	22.  Chapter 817, relating to fraudulent practices, false
548	pretenses, fraud generally, and credit card crimes.
549	23.  Section 827.071, relating to commercial sexual
550	exploitation of children.
551	24.  Chapter 831, relating to forgery and counterfeiting.
552	25.  Chapter 832, relating to issuance of worthless checks
553	and drafts.
554	26.  Section 836.05, relating to extortion.
555	27.  Chapter 837, relating to perjury.
556	28.  Chapter 838, relating to bribery and misuse of public
557	office.
558	29.  Chapter 843, relating to obstruction of justice.
559	30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
560	s. 847.07, relating to obscene literature and profanity.
561	31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
562	849.25, relating to gambling.
563	32.  Chapter 893, relating to drug abuse prevention and
564	control.
565	33.  Section 914.22 or s. 914.23, relating to witnesses,
566	victims, or informants.
567	34.  Section 918.12 or s. 918.13, relating to tampering
568	with jurors and evidence.
569	Section 11.  For the purpose of incorporating the amendment
570	to section 210.18, Florida Statutes, in a reference thereto,
571	paragraph (a) of subsection (1) of section 895.02, Florida
572	Statutes, is reenacted to read:
573	895.02  Definitions.--As used in ss. 895.01-895.08, the
574	term:
575	(1)  "Racketeering activity" means to commit, to attempt to
576	commit, to conspire to commit, or to solicit, coerce, or
577	intimidate another person to commit:
578	(a)  Any crime which is chargeable by indictment or
579	information under the following provisions of the Florida
580	Statutes:
581	1.  Section 210.18, relating to evasion of payment of
582	cigarette taxes.
583	2.  Section 403.727(3)(b), relating to environmental
584	control.
585	3.  Section 409.920 or s. 409.9201, relating to Medicaid
586	fraud.
587	4.  Section 414.39, relating to public assistance fraud.
588	5.  Section 440.105 or s. 440.106, relating to workers'
589	compensation.
590	6.  Section 465.0161, relating to distribution of medicinal
591	drugs without a permit as an Internet pharmacy.
592	7.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
593	499.0691, relating to crimes involving contraband and
594	adulterated drugs.
595	8.  Part IV of chapter 501, relating to telemarketing.
596	9.  Chapter 517, relating to sale of securities and
597	investor protection.
598	10.  Section 550.235, s. 550.3551, or s. 550.3605, relating
599	to dogracing and horseracing.
600	11.  Chapter 550, relating to jai alai frontons.
601	12.  Chapter 552, relating to the manufacture,
602	distribution, and use of explosives.
603	13.  Chapter 560, relating to money transmitters, if the
604	violation is punishable as a felony.
605	14.  Chapter 562, relating to beverage law enforcement.
606	15.  Section 624.401, relating to transacting insurance
607	without a certificate of authority, s. 624.437(4)(c)1., relating
608	to operating an unauthorized multiple-employer welfare
609	arrangement, or s. 626.902(1)(b), relating to representing or
610	aiding an unauthorized insurer.
611	16.  Section 655.50, relating to reports of currency
612	transactions, when such violation is punishable as a felony.
613	17.  Chapter 687, relating to interest and usurious
614	practices.
615	18.  Section 721.08, s. 721.09, or s. 721.13, relating to
616	real estate timeshare plans.
617	19.  Chapter 782, relating to homicide.
618	20.  Chapter 784, relating to assault and battery.
619	21.  Chapter 787, relating to kidnapping.
620	22.  Chapter 790, relating to weapons and firearms.
621	23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
622	796.05, or s. 796.07, relating to prostitution and sex
623	trafficking.
624	24.  Chapter 806, relating to arson.
625	25.  Section 810.02(2)(c), relating to specified burglary
626	of a dwelling or structure.
627	26.  Chapter 812, relating to theft, robbery, and related
628	crimes.
629	27.  Chapter 815, relating to computer-related crimes.
630	28.  Chapter 817, relating to fraudulent practices, false
631	pretenses, fraud generally, and credit card crimes.
632	29.  Chapter 825, relating to abuse, neglect, or
633	exploitation of an elderly person or disabled adult.
634	30.  Section 827.071, relating to commercial sexual
635	exploitation of children.
636	31.  Chapter 831, relating to forgery and counterfeiting.
637	32.  Chapter 832, relating to issuance of worthless checks
638	and drafts.
639	33.  Section 836.05, relating to extortion.
640	34.  Chapter 837, relating to perjury.
641	35.  Chapter 838, relating to bribery and misuse of public
642	office.
643	36.  Chapter 843, relating to obstruction of justice.
644	37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
645	s. 847.07, relating to obscene literature and profanity.
646	38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
647	849.25, relating to gambling.
648	39.  Chapter 874, relating to criminal street gangs.
649	40.  Chapter 893, relating to drug abuse prevention and
650	control.
651	41.  Chapter 896, relating to offenses related to financial
652	transactions.
653	42.  Sections 914.22 and 914.23, relating to tampering with
654	a witness, victim, or informant, and retaliation against a
655	witness, victim, or informant.
656	43.  Sections 918.12 and 918.13, relating to tampering with
657	jurors and evidence.
658	Section 12.  This act shall take effect October 1, 2005.

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