Senate Bill sb2666
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Florida Senate - 2006 SB 2666
By Senator Crist
12-737-06
1 A bill to be entitled
2 An act relating to money laundering; amending
3 s. 560.125, F.S.; providing that a person who
4 is not a registered money transmitter or
5 authorized vendor and who transmits currency or
6 payment instruments totaling specified amounts
7 or less commits the offense of engaging
8 illegally in the business of a money
9 transmitter; providing that the amount of the
10 value of separate transactions over a period of
11 1 year or less under one scheme or course of
12 conduct, whether the transactions involve the
13 same person or several persons, may be
14 aggregated to determine the felony degree of
15 the offense; amending s. 655.50, F.S.; revising
16 penalties for violations of reporting
17 requirements for transactions involving
18 currency or monetary transactions; providing
19 that the amount of the value of separate
20 transactions over a period of 1 year or less
21 under one scheme or course of conduct, whether
22 the transactions involve the same person or
23 several persons, may be aggregated to determine
24 the felony degree of the offense; amending s.
25 896.101, F.S.; revising penalties for
26 violations of the Florida Money Laundering Act;
27 providing that the amount of the value of
28 separate transactions over a period of 1 year
29 or less under one scheme or course of conduct,
30 whether the transactions involve the same
31 person or several persons, may be aggregated to
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1 determine the felony degree of the offense;
2 providing for nondisclosure of information
3 contained in a subpoena; prohibiting certain
4 additional disclosures under a nondisclosure
5 provision of a subpoena; amending s. 896.103,
6 F.S.; providing that certain unlawful financial
7 transactions constitute a separate, punishable
8 offense regardless of the amount; amending s.
9 896.104, F.S.; revising penalties for violating
10 certain reporting or registration requirements
11 for financial transactions; providing that the
12 amount of the value of separate transactions
13 over a period of 1 year or less under one
14 scheme or course of conduct, whether the
15 transactions involve the same person or several
16 persons, may be aggregated to determine the
17 felony degree of the offense; amending s.
18 921.0022, F.S.; conforming provisions to
19 changes made by the act; correcting
20 cross-references; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 560.125, Florida Statutes, is
25 amended to read:
26 560.125 Money transmitter business by unauthorized
27 persons; criminal penalties.--
28 (1) A person other than a registered money transmitter
29 or authorized vendor may not engage in the business of a money
30 transmitter in this state unless the person is exempted from
31 the registration requirements of the code.
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1 (2) A No person may not shall act as a vendor of a
2 money transmitter when the such money transmitter is subject
3 to registration under the code but has not registered. Any
4 such person becomes the principal thereof, and no longer
5 merely acts as a vendor, and the such person is liable to the
6 holder or remitter as a principal money transmitter.
7 (3) Any person whose substantial interests are
8 affected by a proceeding brought by the office pursuant to the
9 code may, under pursuant to s. 560.113, petition any court to
10 enjoin the person or activity that is the subject of the
11 proceeding from violating any of the provisions of this
12 section. For the purpose of this subsection, any money
13 transmitter registered under pursuant to the code, any person
14 residing in this state, and any person whose principal place
15 of business is in this state are presumed to be substantially
16 affected. In addition, the interests of a trade organization
17 or association are deemed substantially affected if the
18 interests of any of its members are so affected.
19 (4) The office may issue and serve upon any person who
20 violates any of the provisions of this section a complaint
21 seeking a cease and desist order in accordance with the
22 procedures and in the manner prescribed by s. 560.112. The
23 office may also impose an administrative fine pursuant to s.
24 560.117(3) against any person who violates any of the
25 provisions of this section.
26 (5) (a) A person who violates this section commits
27 the offense of engaging illegally in the business of a money
28 transmitter. If the value of the currency or payment
29 instrument involved:
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1 1. Is $100,000 or more, the offender commits a felony
2 of the first degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084.
4 2. Is $20,000 or more, but less than $100,000, the
5 offender commits a felony of the second degree, punishable as
6 provided in s. 775.082, s. 775.083, or s. 775.084.
7 3. Is less than $20,000, the offender commits a felony
8 of the third degree, punishable as provided in s. 775.082, s.
9 775.083, or s. 775.084.
10 (b) The amount of the value of separate transactions
11 over a period of 1 year or less under one scheme or course of
12 conduct, whether the transactions involve the same person or
13 several persons, may be aggregated to determine the felony
14 degree of the offense. A person who violates this section, if
15 the violation involves:
16 (a) Currency or payment instruments exceeding $300 but
17 less than $20,000 in any 12-month period, commits a felony of
18 the third degree, punishable as provided in s. 775.082, s.
19 775.083, or s. 775.084.
20 (b) Currency or payment instruments totaling or
21 exceeding $20,000 but less than $100,000 in any 12-month
22 period, commits a felony of the second degree, punishable as
23 provided in s. 775.082, s. 775.083, or s. 775.084.
24 (c) Currency or payment instruments totaling or
25 exceeding $100,000 in any 12-month period, commits a felony of
26 the first degree, punishable as provided in s. 775.082, s.
27 775.083, or s. 775.084.
28 (6) In addition to the penalties authorized by s.
29 775.082, s. 775.083, or s. 775.084, a person who has been
30 found guilty of or who has pleaded guilty or nolo contendere
31 to having violated this section may be sentenced to pay a fine
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1 not exceeding $250,000 or twice the value of the currency or
2 payment instruments, whichever is greater, except that on a
3 second or subsequent violation of this section, the fine may
4 be up to $500,000 or quintuple the value of the currency or
5 payment instruments, whichever is greater.
6 (7) A person who violates this section is also liable
7 for a civil penalty of not more than the value of the currency
8 or payment instruments involved or $25,000, whichever is
9 greater.
10 (8) In any prosecution brought under pursuant to this
11 section, the common law corpus delicti rule does not apply.
12 The defendant's confession or admission is admissible during
13 trial without the state having to prove the corpus delicti if
14 the court finds in a hearing conducted outside the presence of
15 the jury that the defendant's confession or admission is
16 trustworthy. Before the court admits the defendant's
17 confession or admission, the state must prove by a
18 preponderance of the evidence that there is sufficient
19 corroborating evidence that tends to establish the
20 trustworthiness of the statement by the defendant. Hearsay
21 evidence is admissible during the presentation of evidence at
22 the hearing. In making its determination, the court may
23 consider all relevant corroborating evidence, including the
24 defendant's statements.
25 Section 2. Subsection (10) of section 655.50, Florida
26 Statutes, is amended to read:
27 655.50 Florida Control of Money Laundering in
28 Financial Institutions Act; reports of transactions involving
29 currency or monetary instruments; when required; purpose;
30 definitions; penalties.--
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1 (10)(a) Except as provided in paragraph (b), a person
2 who willfully violates any provision of this section commits
3 is guilty of a misdemeanor of the first degree, punishable as
4 provided in s. 775.082 or s. 775.083.
5 (b) A person who willfully violates or knowingly
6 causes another to violate any provision of this section, if
7 when the violation involves:
8 1. One or more financial transactions totaling or
9 exceeding $300 but less than $20,000 or less commits in any
10 12-month period, is guilty of a felony of the third degree,
11 punishable as provided in s. 775.082 or s. 775.083; or
12 2. One or more financial transactions totaling or
13 exceeding $20,000, but less than $100,000, commits in any
14 12-month period is guilty of a felony of the second degree,
15 punishable as provided in s. 775.082 or s. 775.083; or
16 3. One or more financial transactions totaling or
17 exceeding $100,000 commits in any 12-month period is guilty of
18 a felony of the first degree, punishable as provided in s.
19 775.082 or s. 775.083.
20
21 The amount of the value of separate transactions over a period
22 of 1 year or less under one scheme or course of conduct,
23 whether the transactions involve the same person or several
24 persons, may be aggregated to determine the felony degree of
25 the offense.
26 (c) In addition to the penalties otherwise authorized
27 by ss. 775.082 and 775.083, a person who has been convicted of
28 or who has pleaded guilty or nolo contendere to having
29 violated paragraph (b) may be sentenced to pay a fine not
30 exceeding $250,000 or twice the value of the financial
31 transaction, whichever is greater, except that on a second or
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1 subsequent conviction for or plea of guilty or nolo contendere
2 to a violation of paragraph (b), the fine may be up to
3 $500,000 or quintuple the value of the financial transaction,
4 whichever is greater.
5 (d) A financial institution as defined in s. 655.005
6 that willfully violates this section is also liable for a
7 civil penalty of not more than the greater of the value of the
8 financial transaction involved or $25,000. However, the civil
9 penalty may not exceed $100,000.
10 (e) A person other than a financial institution as
11 defined in s. 655.005 who violates this section is also liable
12 for a civil penalty of not more than the greater of the value
13 of the financial transaction involved or $25,000.
14 Section 3. Paragraph (a) of subsection (2) and
15 subsections (5) and (10) of section 896.101, Florida Statutes,
16 are amended to read:
17 896.101 Florida Money Laundering Act; definitions;
18 penalties; injunctions; seizure warrants; immunity.--
19 (2) As used in this section, the term:
20 (a) "Knowing that the property involved in a financial
21 transaction represents the proceeds of some form of unlawful
22 activity" means that the person knew the property involved in
23 the transaction represented proceeds from some form, though
24 not necessarily which form, of criminal activity that
25 constitutes a felony under state or federal law, regardless of
26 whether or not such activity is specified in paragraph (g).
27 (5) A person who violates this section commits the
28 offense of money laundering., If the violation involves:
29 (a) Financial transactions of exceeding $300 but less
30 than $20,000 the person in any 12-month period, commits a
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1 felony of the third degree, punishable as provided in s.
2 775.082, s. 775.083, or s. 775.084.
3 (b) Financial transactions totaling or exceeding
4 $20,000, but less than $100,000 in any 12-month period, the
5 person commits a felony of the second degree, punishable as
6 provided in s. 775.082, s. 775.083, or s. 775.084.
7 (c) Financial transactions totaling or exceeding
8 $100,000 the person in any 12-month period, commits a felony
9 of the first degree, punishable as provided in s. 775.082, s.
10 775.083, or s. 775.084.
11
12 The amount of the value of separate transactions over a period
13 of 1 year or less under one scheme or course of conduct,
14 whether the transactions involve the same person or several
15 persons, may be aggregated to determine the felony degree of
16 the offense.
17 (10) Any financial institution, licensed money
18 transmitter, or other person served with and complying with
19 the terms of a warrant, temporary injunction, or other court
20 order, including any subpoena issued under the authority
21 granted by s. 16.56 or s. 27.04, obtained in furtherance of an
22 investigation of any crime in this section, including any
23 crime listed as specified unlawful activity under this section
24 or any felony violation of chapter 560, has immunity from
25 criminal liability and is shall not be liable to any person
26 for any lawful action taken in complying with the warrant,
27 temporary injunction, or other court order, including any
28 subpoena issued under the authority granted by s. 16.56 or s.
29 27.04. If any subpoena issued under the authority granted by
30 s. 16.56 or s. 27.04 contains a nondisclosure provision, any
31 financial institution, licensed money transmitter, employee or
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1 officer of a financial institution or licensed money
2 transmitter, or any other person may not notify, directly or
3 indirectly, any customer of that person or entity financial
4 institution, or licensed money transmitter whose records are
5 being sought by the subpoena, or any other person named in the
6 subpoena, about the existence or the contents of that
7 subpoena, the investigation, or about information that has
8 been furnished to the state attorney or statewide prosecutor
9 who issued the subpoena or furnished to any other law
10 enforcement officer named in the subpoena for transmission to
11 the state attorney or statewide prosecutor in response to the
12 subpoena.
13 Section 4. Section 896.103, Florida Statutes, is
14 amended to read:
15 896.103 Transaction that which constitutes separate
16 offense.--Notwithstanding any other provision of law, for
17 purposes of this section and ss. 896.101 and 896.102, each
18 individual currency transaction exceeding $10,000 which is
19 made in violation of the provisions of s. 896.102(1), or each
20 financial transaction in violation of the provisions of s.
21 896.101(3), which involves the movement of funds may in excess
22 of $10,000 shall constitute a separate, punishable offense.
23 Section 5. Subsection (4) of section 896.104, Florida
24 Statutes, is amended to read:
25 896.104 Structuring transactions to evade reporting or
26 registration requirements prohibited.--
27 (4) CRIMINAL PENALTIES.--
28 (a) A person who violates this section commits the
29 offense of illegal financial reporting or registration
30 evasion., If the violation involves:
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1 1. Financial transactions of exceeding $300 but less
2 than $20,000 the person in any 12-month period, commits a
3 felony of the third degree, punishable as provided in s.
4 775.082, s. 775.083, or s. 775.084.
5 2. Financial transactions totaling or exceeding
6 $20,000, but less than $100,000 in any 12-month period, the
7 person commits a felony of the second degree, punishable as
8 provided in s. 775.082, s. 775.083, or s. 775.084.
9 3. Financial transactions totaling or exceeding
10 $100,000 the person in any 12-month period, commits a felony
11 of the first degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084.
13
14 The amount of the value of separate transactions over a period
15 of 1 year or less under one scheme or course of conduct,
16 whether the transactions involve the same person or several
17 persons, may be aggregated to determine the felony degree of
18 the offense.
19 (b) In addition to the penalties authorized by s.
20 775.082, s. 775.083, or s. 775.084, a person who has been
21 found guilty of or who has pleaded guilty or nolo contendere
22 to having violated this section may be sentenced to pay a fine
23 not exceeding $250,000 or twice the value of the financial
24 transactions, whichever is greater, except that for a second
25 or subsequent violation of this section, the fine may be up to
26 $500,000 or quintuple the value of the financial transactions,
27 whichever is greater.
28 (c) A person who violates this section is also liable
29 for a civil penalty of not more than the value of the
30 financial transactions involved or $25,000, whichever is
31 greater.
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1 Section 6. Paragraphs (g), (h), and (i) of subsection
2 (3) of section 921.0022, Florida Statutes, are amended to
3 read:
4 921.0022 Criminal Punishment Code; offense severity
5 ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7
8 Florida Felony
9 Statute Degree Description
10
11
12 (g) LEVEL 7
13 316.027(1)(b) 2nd Accident involving death, failure
14 to stop; leaving scene.
15 316.193(3)(c)2. 3rd DUI resulting in serious bodily
16 injury.
17 316.1935(3)(b) 1st Causing serious bodily injury or
18 death to another person; driving
19 at high speed or with wanton
20 disregard for safety while
21 fleeing or attempting to elude
22 law enforcement officer who is in
23 a patrol vehicle with siren and
24 lights activated.
25 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
26 bodily injury.
27 402.319(2) 2nd Misrepresentation and negligence
28 or intentional act resulting in
29 great bodily harm, permanent
30 disfiguration, permanent
31 disability, or death.
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1 409.920(2) 3rd Medicaid provider fraud.
2 456.065(2) 3rd Practicing a health care
3 profession without a license.
4 456.065(2) 2nd Practicing a health care
5 profession without a license
6 which results in serious bodily
7 injury.
8 458.327(1) 3rd Practicing medicine without a
9 license.
10 459.013(1) 3rd Practicing osteopathic medicine
11 without a license.
12 460.411(1) 3rd Practicing chiropractic medicine
13 without a license.
14 461.012(1) 3rd Practicing podiatric medicine
15 without a license.
16 462.17 3rd Practicing naturopathy without a
17 license.
18 463.015(1) 3rd Practicing optometry without a
19 license.
20 464.016(1) 3rd Practicing nursing without a
21 license.
22 465.015(2) 3rd Practicing pharmacy without a
23 license.
24 466.026(1) 3rd Practicing dentistry or dental
25 hygiene without a license.
26 467.201 3rd Practicing midwifery without a
27 license.
28 468.366 3rd Delivering respiratory care
29 services without a license.
30 483.828(1) 3rd Practicing as clinical laboratory
31 personnel without a license.
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1 483.901(9) 3rd Practicing medical physics
2 without a license.
3 484.013(1)(c) 3rd Preparing or dispensing optical
4 devices without a prescription.
5 484.053 3rd Dispensing hearing aids without a
6 license.
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)3.
18 560.125(5)(a) 3rd Money transmitter business by
19 unauthorized person, currency or
20 payment instruments exceeding
21 $300 but less than $20,000.
22 655.50(10)(b)1. 3rd Failure to report financial
23 transactions of exceeding $300
24 but less than $20,000 by
25 financial institution.
26 775.21(10)(a) 3rd Sexual predator; failure to
27 register; failure to renew
28 driver's license or
29 identification card; other
30 registration violations.
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1 775.21(10)(b) 3rd Sexual predator working where
2 children regularly congregate.
3 775.21(10)(g) 3rd Failure to report or providing
4 false information about a sexual
5 predator; harbor or conceal a
6 sexual predator.
7 782.051(3) 2nd Attempted felony murder of a
8 person by a person other than the
9 perpetrator or the perpetrator of
10 an attempted felony.
11 782.07(1) 2nd Killing of a human being by the
12 act, procurement, or culpable
13 negligence of another
14 (manslaughter).
15 782.071 2nd Killing of human being or viable
16 fetus by the operation of a motor
17 vehicle in a reckless manner
18 (vehicular homicide).
19 782.072 2nd Killing of a human being by the
20 operation of a vessel in a
21 reckless manner (vessel
22 homicide).
23 784.045(1)(a)1. 2nd Aggravated battery; intentionally
24 causing great bodily harm or
25 disfigurement.
26 784.045(1)(a)2. 2nd Aggravated battery; using deadly
27 weapon.
28 784.045(1)(b) 2nd Aggravated battery; perpetrator
29 aware victim pregnant.
30 784.048(4) 3rd Aggravated stalking; violation of
31 injunction or court order.
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1 784.048(7) 3rd Aggravated stalking; violation of
2 court order.
3 784.07(2)(d) 1st Aggravated battery on law
4 enforcement officer.
5 784.074(1)(a) 1st Aggravated battery on sexually
6 violent predators facility staff.
7 784.08(2)(a) 1st Aggravated battery on a person 65
8 years of age or older.
9 784.081(1) 1st Aggravated battery on specified
10 official or employee.
11 784.082(1) 1st Aggravated battery by detained
12 person on visitor or other
13 detainee.
14 784.083(1) 1st Aggravated battery on code
15 inspector.
16 790.07(4) 1st Specified weapons violation
17 subsequent to previous conviction
18 of s. 790.07(1) or (2).
19 790.16(1) 1st Discharge of a machine gun under
20 specified circumstances.
21 790.165(2) 2nd Manufacture, sell, possess, or
22 deliver hoax bomb.
23 790.165(3) 2nd Possessing, displaying, or
24 threatening to use any hoax bomb
25 while committing or attempting to
26 commit a felony.
27 790.166(3) 2nd Possessing, selling, using, or
28 attempting to use a hoax weapon
29 of mass destruction.
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1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a)1. 1st Property stolen, valued at
24 $100,000 or more; property stolen
25 while causing other property
26 damage; 1st degree grand theft.
27 812.014(2)(b)2. 2nd Property stolen, cargo valued at
28 less than $50,000, grand theft in
29 2nd degree.
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1 812.014(2)(b)3. 2nd Property stolen, emergency
2 medical equipment; 2nd degree
3 grand theft.
4 812.0145(2)(a) 1st Theft from person 65 years of age
5 or older; $50,000 or more.
6 812.019(2) 1st Stolen property; initiates,
7 organizes, plans, etc., the theft
8 of property and traffics in
9 stolen property.
10 812.131(2)(a) 2nd Robbery by sudden snatching.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 817.234(8)(a) 2nd Solicitation of motor vehicle
14 accident victims with intent to
15 defraud.
16 817.234(9) 2nd Organizing, planning, or
17 participating in an intentional
18 motor vehicle collision.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b)&
22 (3)(b) 1st Making false entries of material
23 fact or false statements
24 regarding property values
25 relating to the solvency of an
26 insuring entity which are a
27 significant cause of the
28 insolvency of that entity.
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.103(2)(b) 2nd Exploiting an elderly person or
6 disabled adult and property is
7 valued at $20,000 or more, but
8 less than $100,000.
9 827.03(3)(b) 2nd Neglect of a child causing great
10 bodily harm, disability, or
11 disfigurement.
12 827.04(3) 3rd Impregnation of a child under 16
13 years of age by person 21 years
14 of age or older.
15 837.05(2) 3rd Giving false information about
16 alleged capital felony to a law
17 enforcement officer.
18 838.015 2nd Bribery.
19 838.016 2nd Unlawful compensation or reward
20 for official behavior.
21 838.021(3)(a) 2nd Unlawful harm to a public
22 servant.
23 838.22 2nd Bid tampering.
24 847.0135(3) 3rd Solicitation of a child, via a
25 computer service, to commit an
26 unlawful sex act.
27 872.06 2nd Abuse of a dead human body.
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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), (2)(b), or
5 (2)(c)4.) within 1,000 feet of a
6 child care facility, school, or
7 state, county, or municipal park
8 or publicly owned recreational
9 facility or community center.
10 893.13(1)(e)1. 1st Sell, manufacture, or deliver
11 cocaine or other drug prohibited
12 under s. 893.03(1)(a), (1)(b),
13 (1)(d), (2)(a), (2)(b), or
14 (2)(c)4., within 1,000 feet of
15 property used for religious
16 services or a specified business
17 site.
18 893.13(4)(a) 1st Deliver to minor cocaine (or
19 other s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4. drugs).
22 893.135(1)(a)1. 1st Trafficking in cannabis, more
23 than 25 lbs., less than 2,000
24 lbs.
25 893.135
26 (1)(b)1.a. 1st Trafficking in cocaine, more than
27 28 grams, less than 200 grams.
28 893.135
29 (1)(c)1.a. 1st Trafficking in illegal drugs,
30 more than 4 grams, less than 14
31 grams.
19
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1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(k)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions of exceeding $300
30 but less than $20,000.
31
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1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions of exceeding $300
5 but less than $20,000.
6 943.0435(4)(c) 2nd Sexual offender vacating
7 permanent residence; failure to
8 comply with reporting
9 requirements.
10 943.0435(8) 2nd Sexual offender; remains in state
11 after indicating intent to leave;
12 failure to comply with reporting
13 requirements.
14 943.0435(9)(a) 3rd Sexual offender; failure to
15 comply with reporting
16 requirements.
17 943.0435(13) 3rd Failure to report or providing
18 false information about a sexual
19 offender; harbor or conceal a
20 sexual offender.
21 943.0435(14) 3rd Sexual offender; failure to
22 report and reregister; failure to
23 respond to address verification.
24 944.607(9) 3rd Sexual offender; failure to
25 comply with reporting
26 requirements.
27 944.607(10)(a) 3rd Sexual offender; failure to
28 submit to the taking of a
29 digitized photograph.
30
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1 944.607(12) 3rd Failure to report or providing
2 false information about a sexual
3 offender; harbor or conceal a
4 sexual offender.
5 944.607(13) 3rd Sexual offender; failure to
6 report and reregister; failure to
7 respond to address verification.
8 (h) LEVEL 8
9 316.193
10 (3)(c)3.a. 2nd DUI manslaughter.
11 316.1935(4)(b) 1st Aggravated fleeing or attempted
12 eluding with serious bodily
13 injury or death.
14 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
15 499.0051(7) 1st Forgery of prescription or legend
16 drug labels.
17 499.0052 1st Trafficking in contraband legend
18 drugs.
19 560.123(8)(b)2. 2nd Failure to report currency or
20 payment instruments totaling or
21 exceeding $20,000, but less than
22 $100,000 by money transmitter.
23 560.125(5)(a)2.
24 560.125(5)(b) 2nd Money transmitter business by
25 unauthorized person, currency or
26 payment instruments totaling or
27 exceeding $20,000, but less than
28 $100,000.
29
30
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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(1)(b) 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.
23
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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.
12 812.014(2)(a)2. 1st Property stolen; cargo valued at
13 $50,000 or more, grand theft in
14 1st degree.
15 812.13(2)(b) 1st Robbery with a weapon.
16 812.135(2)(c) 1st Home-invasion robbery, no
17 firearm, deadly weapon, or other
18 weapon.
19 817.568(6) 2nd Fraudulent use of personal
20 identification information of an
21 individual under the age of 18.
22 825.102(2) 2nd Aggravated abuse of an elderly
23 person or disabled adult.
24 825.1025(2) 2nd Lewd or lascivious battery upon
25 an elderly person or disabled
26 adult.
27 825.103(2)(a) 1st Exploiting an elderly person or
28 disabled adult and property is
29 valued at $100,000 or more.
30
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1 837.02(2) 2nd Perjury in official proceedings
2 relating to prosecution of a
3 capital felony.
4 837.021(2) 2nd Making contradictory statements
5 in official proceedings relating
6 to prosecution of a capital
7 felony.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
25
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1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135
23 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(k)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
30
31
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1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 (i) LEVEL 9
22 316.193
23 (3)(c)3.b. 1st DUI manslaughter; failing to
24 render aid or give information.
25 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
26 render aid or give information.
27 499.00535 1st Sale or purchase of contraband
28 legend drugs resulting in great
29 bodily harm.
30
31
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1 560.123(8)(b)3. 1st Failure to report currency or
2 payment instruments totaling or
3 exceeding $100,000 by money
4 transmitter.
5 560.125(5)(a)1.
6 560.125(5)(c) 1st Money transmitter business by
7 unauthorized person, currency, or
8 payment instruments totaling or
9 exceeding $100,000.
10 655.50(10)(b)3. 1st Failure to report financial
11 transactions totaling or
12 exceeding $100,000 by financial
13 institution.
14 775.0844 1st Aggravated white collar crime.
15 782.04(1) 1st Attempt, conspire, or solicit to
16 commit premeditated murder.
17 782.04(3) 1st,PBL Accomplice to murder in
18 connection with arson, sexual
19 battery, robbery, burglary, and
20 other specified felonies.
21 782.051(1) 1st Attempted felony murder while
22 perpetrating or attempting to
23 perpetrate a felony enumerated in
24 s. 782.04(3).
25 782.07(2) 1st Aggravated manslaughter of an
26 elderly person or disabled adult.
27 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
28 reward or as a shield or hostage.
29 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
30 or facilitate commission of any
31 felony.
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1 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
2 interfere with performance of any
3 governmental or political
4 function.
5 787.02(3)(a) 1st False imprisonment; child under
6 age 13; perpetrator also commits
7 aggravated child abuse, sexual
8 battery, or lewd or lascivious
9 battery, molestation, conduct, or
10 exhibition.
11 790.161 1st Attempted capital destructive
12 device offense.
13 790.166(2) 1st,PBL Possessing, selling, using, or
14 attempting to use a weapon of
15 mass destruction.
16 794.011(2) 1st Attempted sexual battery; victim
17 less than 12 years of age.
18 794.011(2) Life Sexual battery; offender younger
19 than 18 years and commits sexual
20 battery on a person less than 12
21 years.
22 794.011(4) 1st Sexual battery; victim 12 years
23 or older, certain circumstances.
24 794.011(8)(b) 1st Sexual battery; engage in sexual
25 conduct with minor 12 to 18 years
26 by person in familial or
27 custodial authority.
28 800.04(5)(b) Life Lewd or lascivious molestation;
29 victim less than 12 years;
30 offender 18 years or older.
31
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1 812.13(2)(a) 1st,PBL Robbery with firearm or other
2 deadly weapon.
3 812.133(2)(a) 1st,PBL Carjacking; firearm or other
4 deadly weapon.
5 812.135(2)(b) 1st Home-invasion robbery with
6 weapon.
7 817.568(7) 2nd,PBL Fraudulent use of personal
8 identification information of an
9 individual under the age of 18 by
10 his or her parent, legal
11 guardian, or person exercising
12 custodial authority.
13 827.03(2) 1st Aggravated child abuse.
14 847.0145(1) 1st Selling, or otherwise
15 transferring custody or control,
16 of a minor.
17 847.0145(2) 1st Purchasing, or otherwise
18 obtaining custody or control, of
19 a minor.
20 859.01 1st Poisoning or introducing
21 bacteria, radioactive materials,
22 viruses, or chemical compounds
23 into food, drink, medicine, or
24 water with intent to kill or
25 injure another person.
26 893.135 1st Attempted capital trafficking
27 offense.
28 893.135(1)(a)3. 1st Trafficking in cannabis, more
29 than 10,000 lbs.
30
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1 893.135
2 (1)(b)1.c. 1st Trafficking in cocaine, more than
3 400 grams, less than 150
4 kilograms.
5 893.135
6 (1)(c)1.c. 1st Trafficking in illegal drugs,
7 more than 28 grams, less than 30
8 kilograms.
9 893.135
10 (1)(d)1.c. 1st Trafficking in phencyclidine,
11 more than 400 grams.
12 893.135
13 (1)(e)1.c. 1st Trafficking in methaqualone, more
14 than 25 kilograms.
15 893.135
16 (1)(f)1.c. 1st Trafficking in amphetamine, more
17 than 200 grams.
18 893.135
19 (1)(h)1.c. 1st Trafficking in
20 gamma-hydroxybutyric acid (GHB),
21 10 kilograms or more.
22 893.135
23 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
24 kilograms or more.
25 893.135
26 (1)(k)2.c. 1st Trafficking in Phenethylamines,
27 400 grams or more.
28 896.101(5)(c) 1st Money laundering, financial
29 instruments totaling or exceeding
30 $100,000.
31
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1 896.104(4)(a)3. 1st Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $100,000.
6 Section 7. This act shall take effect July 1, 2006.
7
8 *****************************************
9 SENATE SUMMARY
10 Provides that a person who is not a registered money
transmitter or authorized vendor and who transmits
11 currency or a payment instrument totaling $20,000 or less
commits a felony of the third degree. Provides that any
12 person engaged in a money laundering financial
transaction totaling $20,000 or less commits a felony of
13 the third degree. Provides for nondisclosure of
information contained in a subpoena. Provides that each
14 financial transaction made in violation of the money
laundering act may constitute a separate punishable
15 offense. Provides that any person attempting to evade
reporting or registration requirements for financial
16 transactions totaling $20,000 or less commits a felony of
the third degree. Provides that the amount of the value
17 of separate transactions over a period of 1 year or less
under one scheme or course of conduct, whether the
18 transactions involve the same person or several persons,
may be aggregated to determine the felony degree of the
19 offense.
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