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The Committee on Banking and Insurance (Bennett) recommended the

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following substitute for amendment (328492):

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     Senate Amendment

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     Delete line(s) 129 through 133

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and insert:

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65 years of age or older or the agent knew or should have known

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the victim is mentally disabled, the person commits a felony of

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the second degree, punishable as provided in s. 775.082, and a

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fine not greater than $5,000 shall be imposed for each nonwillful

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violation or a fine not greater than $30,000 shall be imposed for

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each willful violation. To impose criminal penalties under this

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subparagraph, the agent must have exhibited a pattern or practice

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of "churning" or "twisting."

3/19/2008  1:31:00 PM     BI.BI.05390