Florida Senate - 2012                                     SB 966
       
       
       
       By Senator Richter
       
       
       
       
       37-00793-12                                            2012966__
    1                        A bill to be entitled                      
    2         An act relating to the regulation of business by the
    3         Department of Business and Professional Regulation;
    4         amending ss. 210.09 and 210.095, F.S.; requiring the
    5         Division of Alcoholic Beverages and Tobacco within the
    6         Department of Business and Professional Regulation to
    7         offer electronic reporting of required information and
    8         filing of tax returns; allowing the department to
    9         waive the electronic filing of tax returns under
   10         certain conditions; requiring the department to adopt
   11         rules; providing criteria for the rules; amending s.
   12         210.55, F.S.; requiring taxpayers outside the state to
   13         file a report showing certain information for tobacco
   14         products shipped or transported to, or sold by,
   15         wholesalers; requiring the department to offer
   16         electronic reporting of required information and
   17         filing of tax returns; allowing the department to
   18         waive the electronic filing of tax returns under
   19         certain conditions; requiring the department to adopt
   20         rules, providing criteria; amending s. 509.032, F.S.;
   21         revising the inspection requirements for certain
   22         establishments by the Division of Hotels and
   23         Restaurants of the department; requiring the division
   24         to adopt rules; amending s. 551.107, F.S.; providing
   25         for the denial, declaration of ineligibility,
   26         revocation, or waiver of an occupational license by
   27         the Division of Pari-mutuel Wagering of the department
   28         if an applicant has been convicted of a felony or
   29         misdemeanor; amending ss. 561.50, 561.55, 562.20,
   30         562.25, and 565.02, F.S.; requiring the department to
   31         offer electronic reporting of required information and
   32         filing of tax returns under the Beverage Law; allowing
   33         the department to waive the electronic filing of tax
   34         returns under certain conditions; requiring the
   35         department to adopt rules, providing criteria for the
   36         rules; creating s. 817.1551, F.S.; prohibiting making,
   37         or offering to make, a false statement in writing and
   38         relating to certain credentials of an application for
   39         a license, certificate, or registration with the
   40         Department of Business and Professional Regulation;
   41         providing the levels of the offense of falsifying
   42         credentials for licensure; providing for fines and
   43         penalties; providing for aggregating the consideration
   44         paid to a person who commits the offense, for purposes
   45         of sentencing; authorizing the department to recover
   46         costs; providing for the forfeiture of certain moneys
   47         or objects of value to the department; specifying the
   48         use by the department of the forfeited moneys and
   49         objects of value; providing an effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Subsection (2) of section 210.09, Florida
   54  Statutes, is amended to read:
   55         210.09 Records to be kept; reports to be made;
   56  examination.—
   57         (2) The division shall adopt is authorized to prescribe and
   58  promulgate by rules that prescribe the and regulations, which
   59  shall have the force and effect of the law, such records to be
   60  kept and reports to be made to the division by any manufacturer,
   61  importer, distributing agent, wholesale dealer, retail dealer,
   62  common carrier, or any other person handling, transporting, or
   63  possessing cigarettes for sale or distribution within the state
   64  as may be necessary to collect and properly distribute the taxes
   65  imposed by s. 210.02. Each report All reports shall be made on
   66  or before the 10th day of the month following the month for
   67  which the report is made, unless the division by rule requires
   68  or regulation shall prescribe that a report reports be made more
   69  often. Effective July 31, 2013, the reports required by this
   70  subsection shall be made through an electronic format. The
   71  department shall offer electronic reporting options that make
   72  reporting as simple as possible. The department may waive the
   73  requirement for a taxpayer to file a tax return by electronic
   74  means if the taxpayer is unable to file electronically despite
   75  good faith efforts or due to circumstances beyond the reasonable
   76  control of the taxpayer. The department shall prescribe by rule
   77  the format and instructions necessary for filing reports and tax
   78  returns to ensure that the required information is collected,
   79  the conditions by which the division may approve a waiver, and
   80  the means by which the tax return filed by the taxpayer is
   81  acknowledged.
   82         Section 2. Subsection (6) of section 210.095, Florida
   83  Statutes, is amended to read:
   84         210.095 Mail order, Internet, and remote sales of tobacco
   85  products; age verification.—
   86         (6)(a) Before making sales or shipping tobacco products in
   87  connection with sales, a person shall file with the division a
   88  statement providing the person’s name, trade name, and the
   89  address of the person’s principal place of business, as well as
   90  any other place of business.
   91         (b) On or before No later than the 10th day of each month,
   92  each person who has made a sale, or mailed, shipped, or
   93  otherwise delivered tobacco products in connection with any sale
   94  during the previous calendar month, shall file with the division
   95  a report, along with memorandum or a copy of the invoice, which
   96  provides the following information providing for each sale:
   97         1. The name and address of the individual who submitted the
   98  order for the sale.
   99         2. The name and address of the individual who accepted
  100  delivery of the tobacco products.
  101         3. The name and address of the person who accepted the
  102  order for the sale of the tobacco products.
  103         4. The name and address of the delivery service and the
  104  name of the individual making the delivery.
  105         5. The brand or brands of the tobacco products sold in the
  106  sale.
  107         6. The quantity of each brand of tobacco products sold in
  108  the sale.
  109         (c) Effective July 31, 2013, the reports required by this
  110  subsection shall be made through an electronic format. The
  111  department shall offer electronic reporting options that make
  112  reporting as simple as possible. The department may waive the
  113  requirement for a taxpayer to file a tax return by electronic
  114  means if the taxpayer is unable to file electronically despite
  115  good faith efforts or due to circumstances beyond the reasonable
  116  control of the taxpayer. The department shall prescribe by rule
  117  the format and instructions necessary for filing reports and tax
  118  returns to ensure that the required information is collected,
  119  the conditions by which the division may approve a waiver, and
  120  the means by which the tax return filed by the taxpayer is
  121  acknowledged.
  122         (d)(c) A person may comply with the requirements of this
  123  subsection by complying with the requirements of 15 U.S.C. s.
  124  376.
  125         (e)(d) This section does not apply to sales of tobacco
  126  products by a licensed distributor or to sales of tobacco
  127  products by a retailer purchased from a licensed distributor.
  128         Section 3. Section 210.55, Florida Statutes, is amended to
  129  read:
  130         210.55 Distributors; monthly reports returns.—
  131         (1) On or before the 10th day of each month, each every
  132  taxpayer with a place of business in this state shall file a
  133  report return with the division showing the taxable price of
  134  each tobacco product brought or caused to be brought into this
  135  state for sale, or made, manufactured, or fabricated in this
  136  state for sale in this state, during the preceding month. Each
  137  Every taxpayer outside this state shall file a report return
  138  showing the quantity and taxable price of each tobacco product
  139  shipped or transported to wholesalers and retailers in this
  140  state, to be sold by those wholesalers and retailers, during the
  141  preceding month. Returns shall be made upon forms furnished and
  142  prescribed by the division and shall contain any other
  143  information that the division requires. Each return shall be
  144  accompanied by a remittance for the full tax liability shown.
  145  Effective July 31, 2013, the reports required by this subsection
  146  shall be made through an electronic format. The department shall
  147  offer electronic reporting options that make reporting as simple
  148  as possible. The department may waive the requirement for a
  149  taxpayer to file a tax return by electronic means if the
  150  taxpayer is unable to file electronically despite good faith
  151  efforts or due to circumstances beyond the reasonable control of
  152  the taxpayer. The department shall prescribe by rule the format
  153  and instructions necessary for filing reports and tax returns to
  154  ensure that the required information is collected, the
  155  conditions by which the division may approve a waiver, and the
  156  means by which the tax return filed by the taxpayer is
  157  acknowledged.
  158         (2) As soon as practicable after a any return is filed, the
  159  division shall examine each return and correct it, if necessary,
  160  according to its best judgment and information. If the division
  161  finds that any amount of tax is due from the taxpayer and
  162  unpaid, it shall notify the taxpayer of the deficiency, stating
  163  that it proposes to assess the amount due together with interest
  164  and penalties. If a deficiency disclosed by the division’s
  165  examination cannot be allocated to one or more particular
  166  months, the division shall notify the taxpayer of the
  167  deficiency, stating its intention to assess the amount due for a
  168  given period without allocating it to any particular months.
  169         (3) If, within 60 days after the mailing of notice of the
  170  proposed assessment, the taxpayer files a protest to the
  171  proposed assessment and requests a hearing on it, the division
  172  shall give notice to the taxpayer of the time and place fixed
  173  for the hearing, shall hold a hearing on the protest, and shall
  174  issue a final assessment to the taxpayer for the amount found to
  175  be due as a result of the hearing. If a protest is not filed
  176  within 60 days, the division shall issue a final assessment to
  177  the taxpayer. In any action or proceeding in respect to the
  178  proposed assessment, the taxpayer shall have the burden of
  179  establishing the incorrectness or invalidity of any final
  180  assessment made by the division.
  181         (4) If a any taxpayer that is required to file a any return
  182  fails to do so within the time prescribed, the taxpayer shall,
  183  on the written demand of the division, file the return within 20
  184  days after mailing of the demand and at the same time pay the
  185  tax due on its basis. If the taxpayer fails within that time to
  186  file the return, the division shall prepare the return from its
  187  own knowledge and from the information that it obtains and on
  188  that basis shall assess a tax, which shall be paid within 10
  189  days after the division has mailed to the taxpayer a written
  190  notice of the amount and a demand for its payment. In any action
  191  or proceeding in respect to the assessment, the taxpayer has
  192  shall have the burden of establishing the incorrectness or
  193  invalidity of any return or assessment made by the division
  194  because of the failure of the taxpayer to make a return.
  195         (5) All taxes are due not later than the 10th day of the
  196  month following the calendar month in which they were incurred,
  197  and thereafter shall bear interest at the annual rate of 12
  198  percent. If the amount of tax due for a given period is assessed
  199  without allocating it to any particular month, the interest
  200  shall begin with the date of the assessment.
  201         (6) In issuing its final assessment, the division shall add
  202  to the amount of tax found due and unpaid a penalty of 10
  203  percent, but if it finds that the taxpayer has made a false
  204  return with intent to evade the tax, the penalty shall be 50
  205  percent of the entire tax as shown by the corrected return. In
  206  assessing a tax on the basis of a return made under subsection
  207  (4), the division shall add to the amount of tax found due and
  208  unpaid a penalty of 25 percent.
  209         (7) For the purpose of compensating the distributor for the
  210  keeping of prescribed records and the proper accounting and
  211  remitting of taxes imposed under this part, the distributor
  212  shall be allowed 1 percent of the amount of the tax due and
  213  accounted for and remitted to the division in the form of a
  214  deduction in submitting his or her report and paying the amount
  215  due; and the division shall allow a such deduction of 1 percent
  216  of the amount of the tax to the person paying the same for
  217  remitting the tax in the manner herein provided, for paying the
  218  amount due to be paid by him or her, and as further compensation
  219  to the distributor for the keeping of prescribed records and for
  220  collection of taxes and remitting the same.
  221         (a) The collection allowance may not be granted, and a nor
  222  may any deduction is not be permitted, if the tax is delinquent
  223  at the time of payment.
  224         (b) The division may reduce the collection allowance by 10
  225  percent or $50, whichever is less, if a taxpayer files an
  226  incomplete return.
  227         1. An “incomplete return” is, for purposes of this part, a
  228  return which is lacking such uniformity, completeness, and
  229  arrangement that the physical handling, verification, or review
  230  of the return may not be readily accomplished.
  231         2. The division shall adopt rules requiring such
  232  information as it may deem necessary to ensure that the tax
  233  levied pursuant to this section hereunder is properly collected,
  234  reviewed, compiled, and enforced, including, but not limited to:
  235  the amount of taxable sales; the amount of tax collected or due;
  236  the amount claimed as the collection allowance; the amount of
  237  penalty and interest; the amount due with the return; and such
  238  other information as the division may specify.
  239         Section 4. Paragraph (a) of subsection (2) of section
  240  509.032, Florida Statutes, is amended to read:
  241         509.032 Duties.—
  242         (2) INSPECTION OF PREMISES.—
  243         (a) The division has jurisdiction and is responsible has
  244  responsibility and jurisdiction for all inspections required by
  245  this chapter. The division is responsible has responsibility for
  246  quality assurance. The division shall inspect each licensed
  247  public lodging establishment shall be inspected at least
  248  biannually, except for transient and nontransient apartments,
  249  which shall be inspected at least annually, and vacation
  250  rentals, which shall be made available to the division upon
  251  request shall be inspected at such other times as the division
  252  determines is necessary to ensure the public’s health, safety,
  253  and welfare. The division shall adopt by rule a risk-based
  254  establish a system to determine inspection frequency for the
  255  licensure of public food service establishments. The division
  256  shall inspect each other establishment licensed by the division
  257  at such times as the division determines is necessary to ensure
  258  the public’s health, safety, and welfare. Public lodging units
  259  classified as vacation rentals are not subject to this
  260  requirement but shall be made available to the division upon
  261  request. If, during the inspection of a public lodging
  262  establishment classified for renting to transient or
  263  nontransient tenants, an inspector identifies vulnerable adults
  264  who appear to be victims of neglect, as defined in s. 415.102,
  265  or, in the case of a building that is not equipped with
  266  automatic sprinkler systems, tenants or clients who may be
  267  unable to self-preserve in an emergency, the division shall
  268  convene meetings with the following agencies as appropriate to
  269  the individual situation: the Department of Health, the
  270  Department of Elderly Affairs, the area agency on aging, the
  271  local fire marshal, the landlord and affected tenants and
  272  clients, and other relevant organizations, to develop a plan
  273  which improves the prospects for safety of affected residents
  274  and, if necessary, identifies alternative living arrangements
  275  such as facilities licensed under part II of chapter 400 or
  276  under chapter 429.
  277         Section 5. Present paragraph (c) of subsection (6) of
  278  section 551.107, Florida Statutes, is redesignated as paragraph
  279  (d), and a new paragraph (c) is added to that subsection to
  280  read:
  281         551.107 Slot machine occupational license; findings;
  282  application; fee.—
  283         (6)
  284         (c) The division may deny, declare ineligible, or revoke an
  285  occupational license if the applicant for such license has been
  286  convicted of a felony or misdemeanor in this state, in any other
  287  state, or under the laws of the United States, if the felony or
  288  misdemeanor is related to gambling or bookmaking, as
  289  contemplated in s. 849.25. If the applicant establishes that she
  290  or he is of good moral character, that she or he has been
  291  rehabilitated, and that the crime she or he was convicted of was
  292  not in any way related to gaming and was not a capital offense,
  293  the restrictions excluding offenders may be waived by the
  294  director of the division if the crime occurred more than 10
  295  years ago.
  296         Section 6. Subsection (1) of section 561.50, Florida
  297  Statutes, is amended to read:
  298         561.50 One state tax payment; reports.—
  299         (1) There shall be only one state tax paid as to each
  300  gallon or fraction thereof of beverage sold under the Beverage
  301  Law, and no other excise taxes may not tax shall be levied
  302  directly or indirectly. Such tax shall be computed from the
  303  reports, books, and records of manufacturers and distributors;
  304  and the amount so computed shall be remitted with the report
  305  required by s. 561.55 to the division at intervals of 1 month,
  306  on or before the 10th of each month, for all beverages sold
  307  during the previous calendar month, and the such payment of tax
  308  shall accompany the report required by s. 561.55. Effective July
  309  31, 2013, the reports required by this subsection shall be made
  310  through an electronic format. The department shall offer
  311  electronic reporting options that make reporting as simple as
  312  possible. The department may waive the requirement for a
  313  taxpayer to file a tax return by electronic means if the
  314  taxpayer is unable to file electronically despite good faith
  315  efforts or due to circumstances beyond the reasonable control of
  316  the taxpayer. The department shall prescribe by rule the format
  317  and instructions necessary for filing reports and tax returns to
  318  ensure that the required information is collected, the
  319  conditions by which the division may approve a waiver, and the
  320  means by which the tax return filed by the taxpayer is
  321  acknowledged. If the monthly tax liability of a manufacturer or
  322  distributor exceeds the amount of the bond furnished for payment
  323  of taxes, the division, upon a finding based upon substantial
  324  and competent evidence that the security of the tax revenue
  325  involved is in jeopardy, may require a bond equal to the
  326  anticipated tax liability of the manufacturer or distributor.
  327  Additionally, the division may increase the frequency of the
  328  remittance of the tax if when the security of the tax involved
  329  is in immediate jeopardy or the financial condition of the
  330  manufacturer or distributor is unstable and the potential tax
  331  liability exceeds the bond furnished under the Beverage Law. In
  332  finding arriving at a conclusion that the security of the tax
  333  revenue involved is in jeopardy, the division shall consider and
  334  be guided by the prior history, if any, of the compliance or
  335  noncompliance by the manufacturer or distributor with beverage
  336  tax obligations; the transient or nontransient nature of the
  337  manufacturer or distributorship; the type of inventory, the
  338  equity of the manufacturer or distributor has in the business
  339  therein, and the mobility of such inventory; the financial
  340  status of the manufacturer or distributor; and the anticipated
  341  tax obligation of the manufacturer or distributor.
  342         Section 7. Subsection (2) of section 561.55, Florida
  343  Statutes, is amended to read:
  344         561.55 Manufacturers’, distributors’, brokers’, sales
  345  agents’, importers’, vendors’, and exporters’ records and
  346  reports.—
  347         (2) Each manufacturer, distributor, broker, sales agent,
  348  and importer shall make a full and complete report on or before
  349  by the 10th day of each month for the previous calendar month.
  350  The report shall be made out in triplicate; two copies shall be
  351  sent to the division, and a the third copy shall be retained for
  352  the manufacturer’s, distributor’s, broker’s, sales agent’s, or
  353  importer’s record. Effective July 31, 2013, the reports required
  354  by this subsection shall be made through an electronic format.
  355  The department shall offer electronic reporting options that
  356  make reporting as simple as possible. The department may waive
  357  the requirement for a taxpayer to file a tax return by
  358  electronic means if the taxpayer is unable to file
  359  electronically despite good faith efforts or due to
  360  circumstances beyond the reasonable control of the taxpayer. The
  361  department shall prescribe by rule the format and instructions
  362  necessary for filing reports and tax returns to ensure that the
  363  required information is collected, the conditions by which the
  364  division may approve a waiver, and the means by which the tax
  365  return filed by the taxpayer is acknowledged. Reports shall be
  366  made on forms prepared and furnished by the division.
  367         Section 8. Subsections (1) and (2) of section 562.20,
  368  Florida Statutes, are amended to read:
  369         562.20 Monthly reports by common and other carriers of
  370  beverages required.—
  371         (1) A All common carrier carriers of freight operating in
  372  the state shall file monthly reports with the division on forms
  373  to be prepared by the division which shall show in detail all
  374  shipments of alcoholic beverages transported by the carrier them
  375  to or from any point within the state. Effective July 31, 2013,
  376  the reports required by this subsection shall be made through an
  377  electronic format. The department shall offer electronic
  378  reporting options that make reporting as simple as possible. The
  379  department may waive the requirement for a taxpayer to file a
  380  tax return by electronic means if the taxpayer is unable to file
  381  electronically despite good faith efforts or due to
  382  circumstances beyond the reasonable control of the taxpayer. The
  383  department shall prescribe by rule the format and instructions
  384  necessary for filing reports and tax returns to ensure that the
  385  required information is collected, the conditions by which the
  386  division may approve a waiver, and the means by which the tax
  387  return filed by the taxpayer is acknowledged.
  388         (2) Each Every other person, except manufacturers and
  389  distributors licensed in this state who are required to make
  390  reports under s. 561.55, who brings into the state from any
  391  point without the state any alcoholic beverages, in amounts
  392  exceeding 1 gallon in the aggregate, shall likewise file monthly
  393  reports with the division on the forms to be prepared by the
  394  division, which shall show in detail the all such amounts of
  395  alcoholic beverages transported by them to each any point within
  396  the state from each any point without the state. Each Every
  397  licensee under this law who ships any alcoholic beverage to
  398  points beyond the state shall file monthly reports with the
  399  division on forms to be prepared by the division, which shall
  400  show in detail each shipment all shipments of alcoholic
  401  beverages transported by them from each any point within the
  402  state to each any point without the state. Effective July 31,
  403  2013, the reports required by this subsection shall be made
  404  through an electronic format. The department shall offer
  405  electronic reporting options that make reporting as simple as
  406  possible. The department may waive the requirement for a
  407  taxpayer to file a tax return by electronic means if the
  408  taxpayer is unable to file electronically despite good faith
  409  efforts or due to circumstances beyond the reasonable control of
  410  the taxpayer. The department shall prescribe by rule the format
  411  and instructions necessary for filing reports and tax returns to
  412  ensure that the required information is collected, the
  413  conditions by which the division may approve a waiver, and the
  414  means by which the tax return filed by the taxpayer is
  415  acknowledged.
  416         Section 9. Subsection (2) of section 562.25, Florida
  417  Statutes, is amended to read:
  418         562.25 State bonded warehouses.—
  419         (2) On or before the 10th day of each month the operator of
  420  a any state bonded warehouse shall report, on forms furnished by
  421  the division, the amount of alcoholic such beverages on deposit
  422  in the such warehouse on the last day of the previous calendar
  423  month and the amount of the such beverages deposited in and
  424  withdrawn from the such warehouse during the previous calendar
  425  month, except that a no report is not shall be required as to
  426  the such beverages on which all taxes have been paid which have
  427  been deposited in storage by a vendor licensed under the
  428  Beverage Law. Effective July 31, 2013, the reports required by
  429  this subsection shall be made through an electronic format. The
  430  department shall offer electronic reporting options that make
  431  reporting as simple as possible. The department may waive the
  432  requirement for a taxpayer to file a tax return by electronic
  433  means if the taxpayer is unable to file electronically despite
  434  good faith efforts or due to circumstances beyond the reasonable
  435  control of the taxpayer. The department shall prescribe by rule
  436  the format and instructions necessary for filing reports and tax
  437  returns to ensure that the required information is collected,
  438  the conditions by which the division may approve a waiver, and
  439  the means by which the tax return filed by the taxpayer is
  440  acknowledged.
  441         Section 10. Subsection (13) is added to section 565.02,
  442  Florida Statutes, to read:
  443         565.02 License fees; vendors; clubs; caterers; and others.—
  444         (13) Effective July 31, 2013, the reports required by this
  445  section shall be made through an electronic format. The
  446  department shall offer electronic reporting options that make
  447  reporting as simple as possible. The department may waive the
  448  requirement for a taxpayer to file a tax return by electronic
  449  means if the taxpayer is unable to file electronically despite
  450  good faith efforts or due to circumstances beyond the reasonable
  451  control of the taxpayer. The department shall prescribe by rule
  452  the format and instructions necessary for filing reports and tax
  453  returns to ensure that the required information is collected,
  454  the conditions by which the division may approve a waiver, and
  455  the means by which the tax return filed by the taxpayer is
  456  acknowledged.
  457         Section 11. Section 817.1551, Florida Statutes, is created
  458  to read:
  459         817.1551Matters within jurisdiction of Department of
  460  Business and Professional Regulation; false, fictitious, or
  461  fraudulent acts, statements, and representations prohibited;
  462  penalties; forfeiture.—
  463         (1) A person who makes or causes to be made, or who offers
  464  to make, a false statement in writing and relating to the
  465  education, training, or other credentials of an applicant for
  466  licensure, certification, or registration with the Department of
  467  Business and Professional Regulation, with the intent of
  468  obtaining licensure, certification, or registration with that
  469  agency, commits the offense of falsifying credentials for
  470  licensure.
  471         (2) A person who falsifies his or her credentials with the
  472  intent of obtaining a license, certificate, or registration with
  473  the department commits a misdemeanor of the first degree,
  474  punishable as provided in s. 775.082 or s. 775.083.
  475         (3) A person who falsifies the credentials of another
  476  person in exchange for $300 or less, with the intent of
  477  obtaining a license, certificate, or registration with the
  478  agency, commits a misdemeanor of the first degree, punishable as
  479  provided in s. 775.082 or s. 775.083.
  480         (4) A person who falsifies the credentials of one or more
  481  other persons in exchange for more than $300, but less than
  482  $20,000, with the intent of obtaining a license, certificate, or
  483  registration with the agency commits of a felony of the third
  484  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  485  775.084.
  486         (5) A person who falsifies the credentials of one or more
  487  other persons in exchange for $20,000 or more, but less than
  488  $50,000, with the intent of obtaining a license, certificate, or
  489  registration with the agency commits a felony of the second
  490  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  491  775.084.
  492         (6) A person who falsifies the credentials of one or more
  493  persons in exchange for $50,000 or more, with the intent of
  494  obtaining a license, certificate, or registration with the
  495  agency commits a felony of the first degree, punishable as
  496  provided in s. 775.082, s. 775.083, or s. 775.084.
  497         (7) The consideration paid to a person who commits multiple
  498  offenses of falsifying credentials for the licensure of other
  499  persons shall be aggregated for purposes of sentencing and
  500  restitution. The department may recover the costs it incurs to
  501  remedy the issuance of such falsely obtained license,
  502  certificate, or registration.
  503         (8) If convicted, the moneys or objects of value which the
  504  person obtained as compensation for the commission of any
  505  offense listed in subsection (3), subsection (4), or subsection
  506  (5) shall be forfeited to the Department of Business and
  507  Professional Regulation for its use to investigate and prosecute
  508  offenders and to regulate the affected professions or
  509  businesses.
  510         Section 12. This act shall take effect July 1, 2012.