House Bill 1607c1
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    Florida House of Representatives - 2000             CS/HB 1607
        By the Committees on Criminal Justice Appropriations,
    Crime & Punishment and Representatives Ball, Flanagan and
    Brummer
  1                      A bill to be entitled
  2         An act relating to money laundering; creating
  3         s. 311.12, F.S.; providing for development and
  4         implementation of a statewide seaport security
  5         plan; providing for a fingerprint-based
  6         criminal history check of an applicant for
  7         employment and current employees at seaports;
  8         providing for inspections of seaports to
  9         determine compliance with minimum security
10         standards and report of results of inspections
11         performed; amending s. 560.103, F.S.; limiting
12         the definition of the term "authorized vendor"
13         as used in the Money Transmitters' Code to
14         businesses located in this state; creating s.
15         560.1073, F.S.; providing criminal penalties
16         for making or filing with the Department of
17         Banking and Finance certain false or misleading
18         statements or documents; amending s. 560.111,
19         F.S.; reducing the department's burden of
20         proving knowing intent to defraud; amending s.
21         560.114, F.S.; expanding the department's
22         disciplinary authority; amending s. 560.117,
23         F.S.; requiring the department to notify
24         licensees suspected of certain code violations
25         and permit such licensees to correct such
26         violations before bringing disciplinary action;
27         providing for an administrative fine; amending
28         s. 560.118, F.S.; revising requirements for
29         examinations, reports, and audits of money
30         transmitters; providing a criminal penalty for
31         violations of the section; amending s. 560.123,
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  1         F.S.; revising standards for graduated
  2         penalties involving currency or payment
  3         instruments under the Florida Control of Money
  4         Laundering in Money Transmitters Act; providing
  5         that the common law corpus delicti rule does
  6         not apply to prosecutions under the Money
  7         Transmitters' Code; providing for admissibility
  8         of a defendant's confession under certain
  9         circumstances; amending s. 560.125, F.S.;
10         providing graduated criminal penalties;
11         increasing fines; providing for a civil
12         penalty; providing that the common law corpus
13         delicti rule does not apply to prosecutions
14         under the Money Transmitters' Code; providing
15         for admissibility of a defendant's confession
16         under certain circumstances; amending s.
17         560.205, F.S.; requiring the submission of
18         fingerprints by applicants for registration
19         under the Payment Instruments and Funds
20         Transmission Act; amending s. 560.211, F.S.;
21         providing a criminal penalty for failing to
22         comply with recordkeeping requirements;
23         amending s. 560.306, F.S.; providing standards
24         for qualifying for registration under the Check
25         Cashing and Foreign Currency Exchange Act;
26         amending s. 560.310, F.S; providing a criminal
27         penalty for failure to comply with
28         recordkeeping requirements; amending s. 655.50,
29         F.S.; revising standards for graduated
30         penalties involving monetary instruments under
31         the Florida Control of Money Laundering in
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  1         Financial Institutions Act; providing that the
  2         common law corpus delicti rule does not apply
  3         to prosecutions under the Money Transmitters'
  4         Code; providing for admissibility of a
  5         defendant's confession under certain
  6         circumstances; amending s. 893.145, F.S.;
  7         redefining the term "drug paraphernalia";
  8         amending s. 893.147, F.S.; providing a criminal
  9         penalty for transportation of drug
10         paraphernalia; amending s. 895.02, F.S.;
11         expanding the definition of the term
12         "racketeering activity"; amending s. 896.101,
13         F.S.; redefining the terms "transaction" and
14         "financial transaction"; defining the terms
15         "knowing" and "petitioner"; providing that
16         specific circumstances do not constitute a
17         defense to a prosecution; providing for
18         criminal penalties, fines, and civil penalties;
19         providing for injunctions; providing for
20         seizure warrants; providing for immunity from
21         liability; providing that the common law corpus
22         delicti rule does not apply to prosecutions
23         under the Money Transmitters' Code; providing
24         for admissibility of a defendant's confession
25         under certain circumstances; amending s.
26         896.103, F.S.; conforming a statutory cross
27         reference; creating ss. 896.104, 896.105,
28         896.106, and 896.107, F.S.; providing
29         definitions; providing criminal penalties for
30         evading reporting or registration requirements
31         in specific financial transactions; providing
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  1         exceptions for undercover law enforcement
  2         purposes; providing for fugitive
  3         disentitlement; providing for informant
  4         rewards; amending s. 921.0022, F.S.; adding
  5         specified monetary transactions to the Criminal
  6         Punishment Code offense severity ranking chart;
  7         creating s. 943.032, F.S.; creating the
  8         Financial Crimes Analysis Center and Financial
  9         Transaction Database within the Florida
10         Department of Law Enforcement; providing
11         requirements; providing appropriations for
12         certain purposes; providing for 15 FTE and
13         $1,600,000 the from State Transportation Fund
14         to the Department of Transportation, Office of
15         Motor Carrier Compliance, to create contraband
16         interdiction teams; specifying composition of
17         FTE positions; specifying purpose of contraband
18         interdiction teams; requiring the Department of
19         Transportation to seek additional funding from
20         federal grants and forfeiture proceedings;
21         authorizing the Department of Transportation to
22         amend its budget; providing an effective date.
23
24  Be It Enacted by the Legislature of the State of Florida:
25
26         Section 1.  Section 311.12, Florida Statutes, is
27  created to read:
28         311.12  Seaport security.--
29         (1)  The Office of Drug Control within the Executive
30  Office of the Governor, in consultation with the Florida
31  Seaport Transportation and Economic Development Council, and
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  1  in conjunction with the Florida Department of Law Enforcement
  2  and local law enforcement agencies having primary authority
  3  over the affected seaports, shall develop, by January 1, 2001,
  4  a statewide security plan based upon the Florida Seaport
  5  Security Assessment 2000 conducted by the Office of Drug
  6  Control.  Such plan shall establish statewide minimum
  7  standards for seaport security including the prevention of
  8  criminal activity including money laundering.  The statewide
  9  seaport security plan shall identify the funding needs for
10  security requirements of all relevant ports and shall
11  recommend mechanisms to fund those needs including an analysis
12  of the ability of seaports to provide funding for necessary
13  improvements. The statewide seaport security plan shall be
14  submitted to the Speaker of the House of Representatives and
15  the President of the Senate and the chairs of the fiscal
16  committees of the House of Representatives and Senate for
17  review on or before January 1, 2001.
18         (2)  All seaports, as identified pursuant to s.
19  311.09(1), in conjunction with and pending review and approval
20  by the Office of Drug Control, within the Executive Office of
21  the Governor, and the Florida Department of Law Enforcement,
22  and in consultation with the Florida Seaport Transportation
23  and Economic Development Council, shall no later than January
24  31, 2001, develop and draft individual seaport security plans
25  particular to the specific and identifiable needs of their
26  respective seaports.
27         (a)  Each seaport security plan shall adhere to the
28  statewide minimum standards established pursuant to subsection
29  (1).
30
31
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  1         (b)  All such seaports shall allow unimpeded access to
  2  the affected ports for purposes of inspections by the
  3  Department of Law Enforcement as authorized by this section.
  4         (3)  A fingerprint-based criminal history check shall
  5  be performed on any applicant for employment or current
  6  employee, as designated by each security plan required by
  7  subsection (2), who will be working within the property of or
  8  have regular access to any seaport listed in s. 311.09(1). The
  9  costs of such checks shall be paid by the seaport or employing
10  entity or any person so checked. The applicant or employee
11  shall file a complete set of fingerprints taken in a manner
12  required by the Department of Law Enforcement and the security
13  plan. These fingerprints shall be submitted to the Department
14  of Law Enforcement for state processing and to the Federal
15  Bureau of Investigation for federal processing. The results of
16  the checks shall be reported to the seaports.
17         (4)  The affected seaports shall implement the security
18  plans developed under this section by April 30, 2002,
19  contingent upon legislative approval of the statewide security
20  plan established pursuant to subsection (1). The Department of
21  Law Enforcement, or any entity selected by the department,
22  shall conduct no less than once annually an unannounced
23  inspection of each seaport listed in s. 311.09(1) to determine
24  whether the seaport is meeting the minimum standards
25  established under the authority of this section. The
26  Department of Law Enforcement, in consultation with the Office
27  of Drug Control within the Executive Office of the Governor,
28  shall complete a report indicating the results of all such
29  inspections conducted during the year and any suggestions or
30  concerns developed by reason of such inspections by no later
31  than December 31 of each year. A copy of the report shall be
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  1  provided to the Governor, the President of the Senate, the
  2  Speaker of the House of Representatives, and the chief
  3  administrator of each seaport inspected. The report shall, to
  4  the extent possible, include responses from the chief
  5  administrator of any seaport about which suggestions have been
  6  made or security concerns raised, indicating what actions, if
  7  any, have been taken or are planned to be taken in response to
  8  the suggestions or concerns noted.
  9         (5)  Nothing in this section shall be construed as
10  preventing any seaport from implementing security measures
11  that are more stringent, greater than, or supplemental to, the
12  minimum standards established by this section.
13         Section 2.  Subsection (2) of section 560.103, Florida
14  Statutes, is amended to read:
15         560.103  Definitions.--As used in the code, unless the
16  context otherwise requires:
17         (2)  "Authorized vendor" means a person designated by a
18  registrant to engage in the business of a money transmitter on
19  behalf of the registrant at locations in this state pursuant
20  to a written contract with the registrant.
21         Section 3.  Section 560.1073, Florida Statutes, is
22  created to read:
23         560.1073  False or misleading statements or supporting
24  documents; penalty.--Any person who, personally or otherwise,
25  files with the department, or signs as the duly authorized
26  representative for filing with the department, any financial
27  statement or any document in support thereof which is required
28  by law or rule with intent to deceive and with knowledge that
29  the statement or document is materially false or materially
30  misleading commits a felony of the third degree, punishable as
31  provided in s. 775.082, s. 775.083, or s. 775.084.
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  1         Section 4.  Subsection (1) of section 560.111, Florida
  2  Statutes, is amended to read:
  3         560.111  Prohibited acts and practices.--
  4         (1)  It is unlawful for any money transmitter or money
  5  transmitter-affiliated party to:
  6         (a)  Knowingly Receive or possess itself of any
  7  property otherwise than in payment of a just demand, and, with
  8  intent to deceive or defraud, to omit to make or cause to be
  9  made a full and true entry thereof in its books and accounts,
10  or to concur in omitting to make any material entry thereof;
11         (b)  Embezzle, abstract, or misapply any money,
12  property, or thing of value of the money transmitter or
13  authorized vendor with intent to deceive or defraud such money
14  transmitter or authorized vendor;
15         (c)  Make any false entry in any book, report, or
16  statement of such money transmitter or authorized vendor with
17  intent to deceive or defraud such money transmitter,
18  authorized vendor, or another person, or with intent to
19  deceive the department, any other state or federal appropriate
20  regulatory agency, or any authorized representative appointed
21  to examine or investigate the affairs of such money
22  transmitter or authorized vendor;
23         (d)  Engage in an act that violates 18 U.S.C. s. 1956,
24  31 U.S.C. s. 5324, or any other law, rule, or regulation of
25  another state or of the United States relating to the business
26  of money transmission or usury which may cause the denial or
27  revocation of a money transmitter license or registration in
28  such jurisdiction;
29         (e)  Deliver or disclose to the department or any of
30  its employees any examination report, report of condition,
31  report of income and dividends, audit, account, statement, or
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  1  document known by it to be fraudulent or false as to any
  2  material matter; or
  3         (f)  Knowingly Place among the assets of such money
  4  transmitter or authorized vendor any note, obligation, or
  5  security that the money transmitter or authorized vendor does
  6  not own or that to the person's knowledge is fraudulent or
  7  otherwise worthless, or for any such person to represent to
  8  the department that any note, obligation, or security carried
  9  as an asset of such money transmitter or authorized vendor is
10  the property of the money transmitter or authorized vendor and
11  is genuine if it is known to such person that such
12  representation is false or that such note, obligation, or
13  security is fraudulent or otherwise worthless.
14         Section 5.  Section 560.114, Florida Statutes, is
15  amended to read:
16         560.114  Disciplinary actions.--
17         (1)  The following actions by a money transmitter or
18  money transmitter-affiliated party are violations of the code
19  and constitute grounds for the issuance of a cease and desist
20  order, the issuance of a removal order, the denial of a
21  registration application or the suspension or revocation of
22  any registration previously issued pursuant to the code, or
23  the taking of any other action within the authority of the
24  department pursuant to the code:
25         (a)  Knowing Failure to comply with any provision of
26  the code, any rule or order adopted pursuant thereto, or any
27  written agreement entered into with the department.
28         (b)  Fraud, misrepresentation, deceit, or gross
29  negligence in any transaction involving money transmission,
30  regardless of reliance thereon by, or damage to, a money
31  transmitter customer.
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  1         (c)  Fraudulent misrepresentation, circumvention, or
  2  concealment of any matter required to be stated or furnished
  3  to a money transmitter customer pursuant to the code,
  4  regardless of reliance thereon by, or damage to, such
  5  customer.
  6         (d)  False, deceptive, or misleading advertising by a
  7  money transmitter or authorized vendor.
  8         (e)  Failure to maintain, preserve, and keep available
  9  for examination all books, accounts, or other documents
10  required by the code, by any rule or order adopted pursuant to
11  the code, or by any agreement entered into with the
12  department.
13         (f)  Any fact or condition that exists that, if it had
14  existed or had been known to exist at the time the money
15  transmitter applied for registration, would have been grounds
16  for denial of registration.
17         (f)(g)  A willful Refusal to permit the examination or
18  inspection of books and records in an investigation or
19  examination by the department, pursuant to the provisions of
20  the code, or to comply with a subpoena issued by the
21  department.
22         (g)(h)  Failure of the money transmitter or authorized
23  vendor to pay a judgment recovered in any court in this state
24  by a claimant in an action arising out of a money transmission
25  transaction within 30 days after the judgment becomes final.
26         (h)(i)  Engaging in an a prohibited act or practice
27  proscribed by s. 560.111.
28         (i)(j)  Insolvency or operating in an unsafe and
29  unsound manner.
30         (j)(k)  Failure by a money transmitter to remove a
31  money transmitter-affiliated party after the department has
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  1  issued and served upon the money transmitter a final order
  2  setting forth a finding that the money transmitter-affiliated
  3  party has knowingly violated any provision of the code.
  4         (2)  In addition to the acts specified in subsection
  5  (1), the following acts are grounds for denial of registration
  6  or for revocation, suspension, or restriction of registration
  7  previously granted:
  8         (k)(a)  Making any A material misstatement or
  9  misrepresentation or committing any fraud of fact in an
10  initial or renewal application for registration.
11         (l)(b)  Committing any act resulting in Having an
12  application for registration, or a registration or its
13  equivalent, to practice any profession or occupation being
14  denied, suspended, revoked, or otherwise acted against by a
15  registering authority in any jurisdiction or a finding by an
16  appropriate regulatory body of engaging in unlicensed activity
17  as a money transmitter within any jurisdiction for fraud or
18  dishonest dealing.
19         (m)(c)  Committing any act resulting in Having a
20  registration or its equivalent, or an application for
21  registration, to practice any profession or occupation being
22  denied, suspended, or otherwise acted against by a registering
23  authority in any jurisdiction for a violation of 18 U.S.C. s.
24  1956, 31 U.S.C. s. 5324, or any other law, rule, or regulation
25  of another state or of the United States relating to the
26  business of money transmission or usury which may cause the
27  denial or revocation of a money transmitter license or
28  registration in such jurisdiction.
29         (n)(d)  Having been convicted of or found guilty of, or
30  having pleaded guilty or nolo contendere to, any felony or
31  crime punishable by imprisonment of 1 year or more under the
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  1  law of any state or of the United States which involves a
  2  crime involving fraud, moral turpitude, or dishonest dealing,
  3  without regard to whether a judgment of conviction has been
  4  entered by the court.
  5         (o)(e)  Having been convicted of or found guilty of, or
  6  having pleaded guilty or nolo contendere to, a crime under 18
  7  U.S.C. s. 1956 or 31 U.S.C. s. 5324, without regard to whether
  8  a judgment of conviction has been entered by the court.
  9         (p)  Having been convicted of or found guilty of, or
10  having pleaded guilty or nolo contendere to, misappropriation,
11  conversion, or unlawful withholding of moneys that belong to
12  others and were received in the conduct of the business of the
13  money transmitter.
14         (q)  Failure to inform the department in writing within
15  15 days after pleading guilty or nolo contendere to, or being
16  convicted or found guilty of, any felony or crime punishable
17  by imprisonment of 1 year or more under the law of any state
18  or of the United States, or of any crime involving fraud,
19  moral turpitude, or dishonest dealing, without regard to
20  whether a judgment of conviction has been entered by the
21  court.
22         (r)  Aiding, assisting, procuring, advising, or
23  abetting any person in violating a provision of this code or
24  any order or rule of the department.
25         (s)  Failure to timely pay any fee, charge, or fine
26  under the code.
27         (t)  Failure to timely pay any judgment entered by any
28  court within 30 days after the judgment becomes final.
29         (u)  Engaging or holding oneself out to be engaged in
30  the business of a money transmitter without the proper
31  registration.
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  1         (v)(f)  Any action that would be grounds for denial of
  2  a registration or for revocation, suspension, or restriction
  3  of a registration previously granted under part III of this
  4  chapter.
  5         (2)  The department may issue a cease and desist order
  6  or removal order, suspend or revoke any previously issued
  7  registration, or take any other action within the authority of
  8  the department against a money transmitter based on any fact
  9  or condition that exists and that, if it had existed or been
10  known to exist at the time the money transmitter applied for
11  registration, would have been grounds for denial of
12  registration.
13         (3)  Each money transmitter is responsible for any act
14  of its authorized vendors if the money transmitter should have
15  known of the act or, if the money transmitter has actual
16  knowledge that such act is a violation of the code and the
17  money transmitter willfully allowed such act to continue. Such
18  responsibility is limited to conduct engaged in by the
19  authorized vendor pursuant to the authority granted to it by
20  the money transmitter.
21         (4)  If a registration granted under this code expires
22  or is surrendered by the registrant during the pendency of an
23  administrative action under this code, the proceeding may
24  continue as if the registration were still in effect.
25         Section 6.  Section 560.117, Florida Statutes, is
26  amended to read:
27         560.117  Administrative fines; enforcement.--
28         (1)  The department may, by complaint, initiate a
29  proceeding pursuant to chapter 120 to impose an administrative
30  fine against any person found to have violated any provision
31  of the code or a cease and desist order of the department or
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  1  any written agreement with the department. However, the
  2  department shall give notice, in writing, if it suspects that
  3  the licensee has violated any of the following provisions of
  4  the code and shall give the licensee 15 days after actual
  5  notice is served on the person within which to correct the
  6  violation before bringing disciplinary action under the code:
  7         (a)  Failure to timely pay any fee, charge, or fine
  8  under the code;
  9         (b)  Failure to timely pay any judgment entered by any
10  court within 30 days after the judgment becomes final;
11         (c)  Failure to timely notify the department of a
12  change of control of a money transmitter as required by s.
13  560.127; or
14         (d)  Failure to timely notify the department of any
15  change of address or fictitious name as required by s.
16  560.205. No such proceeding shall be initiated and no fine
17  shall accrue pursuant to this section until after such person
18  has been notified in writing of the nature of the violation
19  and has been afforded a reasonable period of time, as set
20  forth in the notice, to correct the violation and has failed
21  to do so.
22
23  Except as provided in this section, such fine may not exceed
24  $100 a day for each violation. The department may excuse any
25  such fine with a showing of good cause by the person being
26  fined.
27         (2)  If the department finds that one or more grounds
28  exist for the suspension, revocation, or refusal to renew or
29  continue a license or registration issued under this chapter,
30  the department may, in addition to or in lieu of suspension,
31  revocation, or refusal to renew or continue a license or
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  1  registration, impose a fine in an amount up to $10,000 for
  2  each violation of this chapter.
  3         (3)(2)  Notwithstanding any other provision of this
  4  section, the department may impose a fine not to exceed $1,000
  5  per day for each day that a person violates the code by
  6  engaging in the business of a money transmitter without being
  7  registered.
  8         (4)(3)  Any administrative fine levied by the
  9  department may be enforced by the department by appropriate
10  proceedings in the circuit court of the county in which such
11  person resides or maintains a principal office. In any
12  administrative or judicial proceeding arising under this
13  section, a party may elect to correct the violation asserted
14  by the department and, upon the party's doing so, any fine
15  ceases to accrue; however, an election to correct the
16  violation does not render moot any administrative or judicial
17  proceeding.
18         Section 7.  Section 560.118, Florida Statutes, is
19  amended to read:
20         560.118  Examinations, reports, and internal audits;
21  penalty.--
22         (1)(a)  The department may conduct an examination of a
23  money transmitter or authorized vendor by providing not less
24  than 15 days' advance notice to the money transmitter or
25  authorized vendor. However, if the department suspects that
26  the money transmitter or authorized vendor has violated any
27  provisions of this code or any criminal laws of this state or
28  of the United States or is engaging in an unsafe and unsound
29  practice, the department may, at any time without advance
30  notice, conduct an examination of all affairs, activities,
31  transactions, accounts, business records, and assets of any
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  1  money transmitter or any money transmitter-affiliated party
  2  for the protection of the public. For the purpose of
  3  examinations, the department may administer oaths and examine
  4  the directors, officers, principal shareholders, employees,
  5  and vendors of a money transmitter or any of its affiliated
  6  parties concerning their operations and business activities
  7  and affairs.; however, whenever the department has reason to
  8  believe that a money transmitter or authorized vendor is
  9  engaging in an unsafe and unsound practice, or has violated or
10  is violating any provision of the code, the department may
11  make an examination of such money transmitter or authorized
12  vendor without providing advance notice. The department may
13  accept an audit or examination from any appropriate regulatory
14  agency or from an independent third party with respect to the
15  operations of a money transmitter or an authorized vendor. The
16  department may also make a joint or concurrent examination
17  with any state or federal appropriate regulatory agency. The
18  department may furnish a copy of all examinations made of such
19  money transmitter or authorized vendor to the money
20  transmitter and any appropriate regulatory agency provided
21  that such agency agrees to abide by the confidentiality
22  provisions as set forth in chapter 119.
23         (b)  Persons subject to this chapter who are examined
24  shall make available to the department or its examiners the
25  accounts, records, documents, files, information, assets, and
26  matters which are in their immediate possession or control and
27  which relate to the subject of the examination.  Those
28  accounts, records, documents, files, information, assets, and
29  matters not in their immediate possession shall be made
30  available to the department or the department's examiners
31  within 10 days after actual notice is served on such persons.
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  1         (c)(b)  The department may require an examination or
  2  audit of a money transmitter required under this section may
  3  be performed or authorized vendor by an independent third
  4  party that has been approved by the department or by a
  5  certified public accountant authorized to do business in the
  6  United States. The examination of a money transmitter or
  7  authorized vendor required under this section may be performed
  8  by an independent third party that has been approved by the
  9  department or by a certified public accountant authorized to
10  do business in the United States.  The cost of such an
11  independent examination or audit shall be directly borne by
12  the money transmitter or authorized vendor.
13         (d)(c)  The department may recover the costs of a
14  regular examination and supervision of a money transmitter or
15  authorized vendor; however, the department may not recover the
16  costs of more than one examination in any 12-month period
17  unless the department has determined that the money
18  transmitter or authorized vendor is operating in an unsafe or
19  unsound or unlawful manner.
20         (e)(d)  The department may, by rule, set a maximum
21  per-day examination cost for a regular examination. Such
22  per-day cost may be less than that required to fully
23  compensate the department for costs associated with the
24  examination. For the purposes of this section, "costs" means
25  the salary and travel expenses directly attributable to the
26  field staff examining the money transmitter or authorized
27  vendor, and the travel expenses of any supervisory staff
28  required as a result of examination findings. Reimbursement
29  for such costs incurred under this subsection must be
30  postmarked no later than 30 days after the date of receipt of
31  a notice stating that such costs are due. The department may
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  1  levy a late payment penalty of up to $100 per day or part
  2  thereof that a payment is overdue, unless the late payment
  3  penalty is excused for good cause. In excusing any such late
  4  payment penalty, the department may consider the prior payment
  5  history of the money transmitter or authorized vendor.
  6         (2)(a)  Annual financial reports that are required to
  7  be filed under the code or any rules adopted thereunder must
  8  be audited by an independent third party that has been
  9  approved by the department or by a certified public accountant
10  authorized to do business in the United States. The money
11  transmitter or authorized vendor shall directly bear the cost
12  of the audit. This paragraph does not apply to any seller of
13  payment instruments who can prove to the satisfaction of the
14  department that it has a combined total of fewer than 50
15  employees and authorized vendors or that its annual payment
16  instruments issued from its activities as a payment instrument
17  seller are less than $200,000.
18         (b)(a)  The department may, by rule, require each money
19  transmitter or authorized vendor to submit quarterly reports
20  to the department. The department may require that each report
21  contain a declaration by an officer, or any other responsible
22  person authorized to make such declaration, that the report is
23  true and correct to the best of her or his knowledge and
24  belief. Such report must include such information as the
25  department by rule requires for that type of money
26  transmitter.
27         (c)(b)  The department may levy an administrative fine
28  of up to $100 per day for each day the report is past due,
29  unless it is excused for good cause. In excusing any such
30  administrative fine, the department may consider the prior
31  payment history of the money transmitter or authorized vendor.
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  1         (3)  Any person who willfully violates this section or
  2  fails to comply with any lawful written demand or order of the
  3  department made under this section commits a felony of the
  4  third degree, punishable as provided in s. 775.082, s.
  5  775.083, or s. 775.084.
  6         Section 8.  Subsection (8) of section 560.123, Florida
  7  Statutes, is amended, and subsection (9) is added to said
  8  section, to read:
  9         560.123  Florida control of money laundering in the
10  Money Transmitters' Code; reports of transactions involving
11  currency or monetary instruments; when required; purpose;
12  definitions; penalties.--
13         (8)(a)  Except as provided in paragraph (b), a person
14  who willfully violates any provision of this section or
15  chapter 896 commits a misdemeanor of the first degree,
16  punishable as provided in s. 775.082 or s. 775.083.
17         (b)  A person who willfully violates any provision of
18  this section or chapter 896, if the violation involves is:
19         1.  Currency or payment instruments Committed in
20  furtherance of the commission of any other violation of any
21  law of this state or committed as part of a pattern of illegal
22  activity involving financial transactions exceeding $300 but
23  less than $20,000 in any 12-month period, commits a felony of
24  the third degree, punishable as provided in s. 775.082, s.
25  775.083, or s. 775.084.
26         2.  Currency or payment instruments totaling Committed
27  as part of a pattern of illegal activity involving financial
28  transactions exceeding $20,000 but less than $100,000 in any
29  12-month period, commits a felony of the second degree,
30  punishable as provided in s. 775.082, s. 775.083, or s.
31  775.084.
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  1         3.  Currency or payment instruments totaling or
  2  Committed as part of a pattern of illegal activity involving
  3  financial transactions exceeding $100,000 in any 12-month
  4  period, commits a felony of the first degree, punishable as
  5  provided in s. 775.082, s. 775.083, or s. 775.084.
  6         (c)  In addition to the penalties otherwise authorized
  7  by s. 775.082, s. 775.083, or s. 775.084, a person who has
  8  been convicted of or who has pleaded guilty or nolo contendere
  9  to having violated paragraph (b) may be sentenced to pay a
10  fine not exceeding $250,000 or twice the value of the currency
11  or payment instruments financial transaction, whichever is
12  greater, except that on a second or subsequent conviction for
13  or plea of guilty or nolo contendere to a violation of
14  paragraph (b), the fine may be up to $500,000 or quintuple the
15  value of the currency or payment instruments financial
16  transaction, whichever is greater.
17         (d)  A person who willfully violates this section or
18  chapter 896 is also liable for a civil penalty of not more
19  than the greater of the value of the currency or payment
20  instruments financial transaction involved or $25,000.
21  However, such civil penalty shall not exceed $100,000.
22         (9)  In any prosecution brought pursuant to this
23  section, the common law corpus delicti rule does not apply.
24  The defendant's confession or admission is admissible during
25  trial without the state having to prove the corpus delicti if
26  the court finds in a hearing conducted outside the presence of
27  the jury that the defendant's confession or admission is
28  trustworthy. Before the court admits the defendant's
29  confession or admission, the state must prove by a
30  preponderance of the evidence that there is sufficient
31  corroborating evidence that tends to establish the
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  1  trustworthiness of the statement by the defendant. Hearsay
  2  evidence is admissible during the presentation of evidence at
  3  the hearing. In making its determination, the court may
  4  consider all relevant corroborating evidence, including the
  5  defendant's statements.
  6         Section 9.  Section 560.125, Florida Statutes, is
  7  amended to read:
  8         560.125  Money transmitter business by unauthorized
  9  persons; penalties.--
10         (1)  A person other than a registered money transmitter
11  or authorized vendor may not engage in the business of a money
12  transmitter in this state unless the person is exempted from
13  the registration requirements of the code.
14         (2)  No person shall act as a vendor of a money
15  transmitter when such money transmitter is subject to
16  registration under the code but has not registered. Any such
17  person becomes the principal thereof, and no longer merely
18  acts as a vendor, and such person is liable to the holder or
19  remitter as a principal money transmitter.
20         (3)  Any person whose substantial interests are
21  affected by a proceeding brought by the department pursuant to
22  the code may, pursuant to s. 560.113, petition any court to
23  enjoin the person or activity that is the subject of the
24  proceeding from violating any of the provisions of this
25  section. For the purpose of this subsection, any money
26  transmitter registered pursuant to the code, any person
27  residing in this state, and any person whose principal place
28  of business is in this state are presumed to be substantially
29  affected. In addition, the interests of a trade organization
30  or association are deemed substantially affected if the
31  interests of any of its members are so affected.
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  1         (4)  Any person who violates the provisions of this
  2  section commits a felony of the third degree, punishable as
  3  provided in s. 775.082, s. 775.083, or s. 775.084. The
  4  department may issue and serve upon any person who violates
  5  any of the provisions of this section a complaint seeking a
  6  cease and desist order in accordance with the procedures and
  7  in the manner prescribed by s. 560.112. The department may
  8  also impose an administrative fine pursuant to s.
  9  560.117(3)(2) against any person who violates any of the
10  provisions of this section.
11         (5)  A person who violates this section, if the
12  violation involves:
13         (a)  Currency or payment instruments exceeding $300 but
14  less than $20,000 in any 12-month period, commits a felony of
15  the third degree, punishable as provided in s. 775.082, s.
16  775.083, or s. 775.084.
17         (b)  Currency or payment instruments totaling $20,000
18  but less than $100,000 in any 12-month period, commits a
19  felony of the second degree, punishable as provided in s.
20  775.082, s. 775.083, or s. 775.084.
21         (c)  Currency or payment instruments totaling or
22  exceeding $100,000 in any 12-month period, commits a felony of
23  the first degree, punishable as provided in s. 775.082, s.
24  775.083, or s. 775.084.
25         (6)  In addition to the penalties authorized by s.
26  775.082, s. 775.083, or s. 775.084, a person who has been
27  found guilty of or who has pleaded guilty or nolo contendere
28  to having violated this section may be sentenced to pay a fine
29  not exceeding $250,000 or twice the value of the currency or
30  payment instruments, whichever is greater, except that on a
31  second or subsequent violation of this section, the fine may
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  1  be up to $500,000 or quintuple the value of the currency or
  2  payment instruments, whichever is greater.
  3         (7)  A person who violates this section is also liable
  4  for a civil penalty of not more than the value of the currency
  5  or payment instruments involved or $25,000, whichever is
  6  greater.
  7         (8)  In any prosecution brought pursuant to this
  8  section, the common law corpus delicti rule does not apply.
  9  The defendant's confession or admission is admissible during
10  trial without the state having to prove the corpus delicti if
11  the court finds in a hearing conducted outside the presence of
12  the jury that the defendant's confession or admission is
13  trustworthy. Before the court admits the defendant's
14  confession or admission, the state must prove by a
15  preponderance of the evidence that there is sufficient
16  corroborating evidence that tends to establish the
17  trustworthiness of the statement by the defendant. Hearsay
18  evidence is admissible during the presentation of evidence at
19  the hearing. In making its determination, the court may
20  consider all relevant corroborating evidence, including the
21  defendant's statements.
22         Section 10.  Section 560.205, Florida Statutes, is
23  amended to read:
24         560.205  Qualifications of applicant for registration;
25  contents.--
26         (1)  To qualify for registration under this part, an
27  applicant must demonstrate to the department such character
28  and general fitness as to command the confidence of the public
29  and warrant the belief that the registered business will be
30  operated lawfully and fairly. The department may investigate
31  each applicant to ascertain whether the qualifications and
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  1  requirements prescribed by this part have been met. The
  2  department's investigation may include a criminal background
  3  investigation of all controlling shareholders, principals,
  4  officers, directors, members and responsible persons of a
  5  funds transmitter and a payment instrument seller and all
  6  persons designated by a funds transmitter or payment
  7  instrument seller as an authorized vendor. Each controlling
  8  shareholder, principal, officer, director, member, and
  9  responsible person of a funds transmitter or payment
10  instrument seller, unless the applicant is a publicly traded
11  corporation, a subsidiary thereof, or a subsidiary of a bank
12  or bank holding company, shall file a complete set of
13  fingerprints taken by an authorized law enforcement officer.
14  Such fingerprints must be submitted to the Department of Law
15  Enforcement or the Federal Bureau of Investigation for state
16  and federal processing. The department may waive by rule the
17  requirement that applicants file a set of fingerprints or the
18  requirement that such fingerprints be processed by the
19  Department of Law Enforcement or the Federal Bureau of
20  Investigation.
21         (2)  Each application for registration must be
22  submitted under oath to the department on such forms as the
23  department prescribes by rule and must be accompanied by a
24  nonrefundable investigation fee. Such fee may not exceed $500
25  and may be waived by the department for just cause. The
26  application forms shall set forth such information as the
27  department reasonably requires, including, but not limited to:
28         (a)  The name and address of the applicant, including
29  any fictitious or trade names used by the applicant in the
30  conduct of its business.
31
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  1         (b)  The history of the applicant's material
  2  litigation, criminal convictions, pleas of nolo contendere,
  3  and cases of adjudication withheld.
  4         (c)  A description of the activities conducted by the
  5  applicant, the applicant's history of operations, and the
  6  business activities in which the applicant seeks to engage in
  7  this state.
  8         (d)  A list identifying the applicant's proposed
  9  authorized vendors in this state, including the location or
10  locations in this state at which the applicant and its
11  authorized vendors propose to conduct registered activities.
12         (e)  A sample authorized vendor contract, if
13  applicable.
14         (f)  A sample form of payment instrument, if
15  applicable.
16         (g)  The name and address of the clearing financial
17  institution or financial institutions through which the
18  applicant's payment instruments will be drawn or through which
19  such payment instruments will be payable.
20         (h)  Documents revealing that the net worth and bonding
21  requirements specified in s. 560.209 have been or will be
22  fulfilled.
23         (3)  Each application for registration by an applicant
24  that is a corporation shall also set forth such information as
25  the department reasonably requires, including, but not limited
26  to:
27         (a)  The date of the applicant's incorporation and
28  state of incorporation.
29         (b)  A certificate of good standing from the state or
30  country in which the applicant was incorporated.
31
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  1         (c)  A description of the corporate structure of the
  2  applicant, including the identity of any parent or subsidiary
  3  of the applicant, and the disclosure of whether any parent or
  4  subsidiary is publicly traded on any stock exchange.
  5         (d)  The name, business and residence addresses, and
  6  employment history for the past 5 years for each executive
  7  officer, each director, each controlling shareholder, and the
  8  responsible person who will be in charge of all the
  9  applicant's business activities in this state.
10         (e)  The history of material litigation and criminal
11  convictions, pleas of nolo contendere, and cases of
12  adjudication withheld for each executive officer, each
13  director, each controlling shareholder, and the responsible
14  person who will be in charge of the applicant's registered
15  activities.
16         (f)  Copies of the applicant's audited financial
17  statements for the current year and, if available, for the
18  immediately preceding 2-year period. In cases where the
19  applicant is a wholly owned subsidiary of another corporation,
20  the parent's consolidated audited financial statements may be
21  submitted to satisfy this requirement. An applicant who is not
22  required to file audited financial statements may satisfy this
23  requirement by filing unaudited financial statements verified
24  under penalty of perjury, as provided by the department by
25  rule.
26         (g)  An applicant who is not required to file audited
27  financial statements may file copies of the applicant's
28  unconsolidated, unaudited financial statements for the current
29  year and, if available, for the immediately preceding 2-year
30  period.
31
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  1         (h)  If the applicant is a publicly traded company,
  2  copies of all filings made by the applicant with the United
  3  States Securities and Exchange Commission, or with a similar
  4  regulator in a country other than the United States, within
  5  the year preceding the date of filing of the application.
  6         (4)  Each application for registration submitted to the
  7  department by an applicant that is not a corporation shall
  8  also set forth such information as the department reasonably
  9  requires, including, but not limited to:
10         (a)  Evidence that the applicant is registered to do
11  business in this state.
12         (b)  The name, business and residence addresses,
13  personal financial statement and employment history for the
14  past 5 years for each individual having a controlling
15  ownership interest in the applicant, and each responsible
16  person who will be in charge of the applicant's registered
17  activities.
18         (c)  The history of material litigation and criminal
19  convictions, pleas of nolo contendere, and cases of
20  adjudication withheld for each individual having a controlling
21  ownership interest in the applicant and each responsible
22  person who will be in charge of the applicant's registered
23  activities.
24         (d)  Copies of the applicant's audited financial
25  statements for the current year, and, if available, for the
26  preceding 2 years. An The applicant who is not required to
27  file audited financial statements may satisfy this requirement
28  by filing unaudited financial statements verified under
29  penalty of perjury, as provided by the department by rule.
30         (5)  Each applicant shall designate and maintain an
31  agent in this state for service of process.
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  1         Section 11.  Subsection (5) is added to section
  2  560.211, Florida Statutes, to read:
  3         560.211  Records.--
  4         (5)  Any person who willfully fails to comply with this
  5  section commits a felony of the third degree, punishable as
  6  provided in s. 775.082, s. 775.083, or s. 775.084.
  7         Section 12.  Section 560.306, Florida Statutes, is
  8  amended to read:
  9         560.306  Standards.--
10         (1)  In order to qualify for registration under this
11  part, an applicant must demonstrate to the department that he
12  or she has such character and general fitness as will command
13  the confidence of the public and warrant the belief that the
14  registered business will be operated lawfully and fairly. The
15  department may investigate each applicant to ascertain whether
16  the qualifications and requirements prescribed by this part
17  have been met. The department's investigation may include a
18  criminal background investigation of all controlling
19  shareholders, principals, officers, directors, members, and
20  responsible persons of a check casher and a foreign currency
21  exchanger and all persons designated by a foreign currency
22  exchanger or check casher as an authorized vendor. Each
23  controlling shareholder, principal, officer, director,
24  members, and responsible person of a check casher or foreign
25  currency exchanger, unless the applicant is a publicly traded
26  corporation, a subsidiary thereof, or a subsidiary of a bank
27  or bank holding company, shall file a complete set of
28  fingerprints taken by an authorized law enforcement officer.
29  Such fingerprints must be submitted to the Department of Law
30  Enforcement or the Federal Bureau of Investigation for state
31  and federal processing. The department may waive by rule the
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  1  requirement that applicants file a set of fingerprints or the
  2  requirement that such fingerprints be processed by the
  3  Department of Law Enforcement or the Federal Bureau of
  4  Investigation.
  5         (2)(1)  The department may deny registration if it
  6  finds that the applicant, or any money transmitter-affiliated
  7  party of the applicant, has been convicted of a crime felony
  8  involving moral turpitude in any jurisdiction or of a crime
  9  which, if committed in this state, would constitute a crime
10  felony involving moral turpitude under the laws of this state.
11  For the purposes of this part, a person shall be deemed to
12  have been convicted of a crime if such person has either
13  pleaded guilty to or been found guilty of a charge before a
14  court or federal magistrate, or by the verdict of a jury,
15  irrespective of the pronouncement of sentence or the
16  suspension thereof. The department may take into consideration
17  the fact that such plea of guilty, or such decision, judgment,
18  or verdict, has been set aside, reversed, or otherwise
19  abrogated by lawful judicial process or that the person
20  convicted of the crime received a pardon from the jurisdiction
21  where the conviction was entered or received a certificate
22  pursuant to any provision of law which removes the disability
23  under this part because of such conviction.
24         (3)(2)  The department may deny an initial application
25  for registration if the applicant or money
26  transmitter-affiliated party of the applicant is the subject
27  of a pending criminal prosecution or governmental enforcement
28  action, in any jurisdiction, until the conclusion of such
29  criminal prosecution or enforcement action.
30         (4)(3)  Each registration application and renewal
31  application must specify the location at which the applicant
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  1  proposes to establish its principal place of business and any
  2  other location, including authorized vendors operating in this
  3  state. The registrant shall notify the department of any
  4  changes to any such locations. Any registrant may satisfy this
  5  requirement by providing the department with a list of such
  6  locations, including all authorized vendors operating in this
  7  state, not less than annually. A registrant may not transact
  8  business as a check casher or a foreign currency exchanger
  9  except pursuant to the name under which it is registered.
10         (5)(4)  Each applicant shall designate and maintain an
11  agent in this state for service of process.
12         Section 13.  Subsection (5) is added to section
13  560.310, Florida Statutes, to read:
14         560.310  Records of check cashers and foreign currency
15  exchangers.--
16         (5)  Any person who willfully violates this section or
17  fails to comply with any lawful written demand or order of the
18  department made pursuant to this section commits a felony of
19  the third degree, punishable as provided in s. 775.082, s.
20  775.083, or s. 775.084.
21         Section 14.  Subsection (10) of section 655.50, Florida
22  Statutes, is amended, and subsection (11) is added to said
23  section, to read:
24         655.50  Florida Control of Money Laundering in
25  Financial Institutions Act; reports of transactions involving
26  currency or monetary instruments; when required; purpose;
27  definitions; penalties.--
28         (10)(a)  Except as provided in paragraph (b), a person
29  who willfully violates any provision of this section, chapter
30  896, or any similar state or federal law is guilty of a
31
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  1  misdemeanor of the first degree, punishable as provided in s.
  2  775.082 or s. 775.083.
  3         (b)  A person who willfully violates or knowingly
  4  causes another to violate any provision of this section,
  5  chapter 896, or any similar state or federal law, when the
  6  violation involves is:
  7         1.  Committed in furtherance of the commission of any
  8  other violation of Florida law; or
  9         2.  Committed as part of a pattern of illegal activity
10  involving Financial transactions exceeding $300 but less than
11  $20,000 in any 12-month period, is guilty of a felony of the
12  third degree, punishable as provided in s. 775.082 or s.
13  775.083; or
14         2.3.  Committed as part of a pattern of illegal
15  activity involving Financial transactions exceeding $20,000
16  but less than $100,000 in any 12-month period is guilty of a
17  felony of the second degree, punishable as provided in s.
18  775.082 or s. 775.083; or
19         3.4.  Committed as part of a pattern of illegal
20  activity involving Financial transactions exceeding $100,000
21  in any 12-month period is guilty of a felony of the first
22  degree, punishable as provided in s. 775.082 or s. 775.083.
23         (c)  In addition to the penalties otherwise authorized
24  by ss. 775.082 and 775.083, a person who has been convicted of
25  or who has pleaded guilty or nolo contendere to having
26  violated paragraph (b) may be sentenced to pay a fine not
27  exceeding $250,000 or twice the value of the financial
28  transaction, whichever is greater, except that on a second or
29  subsequent conviction for or plea of guilty or nolo contendere
30  to a violation of paragraph (b), the fine may be up to
31
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  1  $500,000 or quintuple the value of the financial transaction,
  2  whichever is greater.
  3         (d)  A financial institution as defined in s. 655.005
  4  person who willfully violates this section, chapter 896, or
  5  any similar state or federal law is also liable for a civil
  6  penalty of not more than the greater of the value of the
  7  financial transaction involved or $25,000. However, the civil
  8  penalty may not exceed $100,000.
  9         (e)  A person other than a financial institution as
10  defined in s. 655.005 who violates this section is also liable
11  for a civil penalty of not more than the greater of the value
12  of the financial transaction involved or $25,000.
13         (11)  In any prosecution brought pursuant to this
14  section, the common law corpus delicti rule does not apply.
15  The defendant's confession or admission is admissible during
16  trial without the state having to prove the corpus delicti if
17  the court finds in a hearing conducted outside the presence of
18  the jury that the defendant's confession or admission is
19  trustworthy. Before the court admits the defendant's
20  confession or admission, the state must prove by a
21  preponderance of the evidence that there is sufficient
22  corroborating evidence that tends to establish the
23  trustworthiness of the statement by the defendant. Hearsay
24  evidence is admissible during the presentation of evidence at
25  the hearing. In making its determination, the court may
26  consider all relevant corroborating evidence, including the
27  defendant's statements.
28         Section 15.  Section 893.145, Florida Statutes, is
29  amended to read:
30         893.145  "Drug paraphernalia" defined.--The term "drug
31  paraphernalia" means all equipment, products, and materials of
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  1  any kind which are used, intended for use, or designed for use
  2  in planting, propagating, cultivating, growing, harvesting,
  3  manufacturing, compounding, converting, producing, processing,
  4  preparing, testing, analyzing, packaging, repackaging,
  5  storing, containing, concealing, transporting, injecting,
  6  ingesting, inhaling, or otherwise introducing into the human
  7  body a controlled substance in violation of this chapter.
  8  Drug paraphernalia is deemed to be contraband which shall be
  9  subject to civil forfeiture.  The term includes, but is not
10  limited to:
11         (1)  Kits used, intended for use, or designed for use
12  in the planting, propagating, cultivating, growing, or
13  harvesting of any species of plant which is a controlled
14  substance or from which a controlled substance can be derived.
15         (2)  Kits used, intended for use, or designed for use
16  in manufacturing, compounding, converting, producing,
17  processing, or preparing controlled substances.
18         (3)  Isomerization devices used, intended for use, or
19  designed for use in increasing the potency of any species of
20  plant which is a controlled substance.
21         (4)  Testing equipment used, intended for use, or
22  designed for use in identifying, or in analyzing the strength,
23  effectiveness, or purity of, controlled substances.
24         (5)  Scales and balances used, intended for use, or
25  designed for use in weighing or measuring controlled
26  substances.
27         (6)  Diluents and adulterants, such as quinine
28  hydrochloride, mannitol, mannite, dextrose, and lactose, used,
29  intended for use, or designed for use in cutting controlled
30  substances.
31
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  1         (7)  Separation gins and sifters used, intended for
  2  use, or designed for use in removing twigs and seeds from, or
  3  in otherwise cleaning or refining, cannabis.
  4         (8)  Blenders, bowls, containers, spoons, and mixing
  5  devices used, intended for use, or designed for use in
  6  compounding controlled substances.
  7         (9)  Capsules, balloons, envelopes, and other
  8  containers used, intended for use, or designed for use in
  9  packaging small quantities of controlled substances.
10         (10)  Containers and other objects used, intended for
11  use, or designed for use in storing, or concealing, or
12  transporting controlled substances.
13         (11)  Hypodermic syringes, needles, and other objects
14  used, intended for use, or designed for use in parenterally
15  injecting controlled substances into the human body.
16         (12)  Objects used, intended for use, or designed for
17  use in ingesting, inhaling, or otherwise introducing cannabis,
18  cocaine, hashish, or hashish oil into the human body, such as:
19         (a)  Metal, wooden, acrylic, glass, stone, plastic, or
20  ceramic pipes, with or without screens, permanent screens,
21  hashish heads, or punctured metal bowls.
22         (b)  Water pipes.
23         (c)  Carburetion tubes and devices.
24         (d)  Smoking and carburetion masks.
25         (e)  Roach clips: meaning objects used to hold burning
26  material, such as a cannabis cigarette, that has become too
27  small or too short to be held in the hand.
28         (f)  Miniature cocaine spoons, and cocaine vials.
29         (g)  Chamber pipes.
30         (h)  Carburetor pipes.
31         (i)  Electric pipes.
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  1         (j)  Air-driven pipes.
  2         (k)  Chillums.
  3         (l)  Bongs.
  4         (m)  Ice pipes or chillers.
  5         Section 16.  Section 893.147, Florida Statutes, is
  6  amended to read:
  7         893.147  Use, possession, manufacture, delivery,
  8  transportation, or advertisement of drug paraphernalia.--
  9         (1)  USE OR POSSESSION OF DRUG PARAPHERNALIA.--It is
10  unlawful for any person to use, or to possess with intent to
11  use, drug paraphernalia:
12         (a)  To plant, propagate, cultivate, grow, harvest,
13  manufacture, compound, convert, produce, process, prepare,
14  test, analyze, pack, repack, store, contain, or conceal a
15  controlled substance in violation of this chapter; or
16         (b)  To inject, ingest, inhale, or otherwise introduce
17  into the human body a controlled substance in violation of
18  this chapter.
19
20  Any person who violates this subsection is guilty of a
21  misdemeanor of the first degree, punishable as provided in s.
22  775.082 or s. 775.083.
23         (2)  MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.--It
24  is unlawful for any person to deliver, possess with intent to
25  deliver, or manufacture with intent to deliver drug
26  paraphernalia, knowing, or under circumstances where one
27  reasonably should know, that it will be used:
28         (a)  To plant, propagate, cultivate, grow, harvest,
29  manufacture, compound, convert, produce, process, prepare,
30  test, analyze, pack, repack, store, contain, or conceal a
31  controlled substance in violation of this act; or
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  1         (b)  To inject, ingest, inhale, or otherwise introduce
  2  into the human body a controlled substance in violation of
  3  this act.
  4
  5  Any person who violates this subsection is guilty of a felony
  6  of the third degree, punishable as provided in s. 775.082, s.
  7  775.083, or s. 775.084.
  8         (3)  DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.--
  9         (a)  Any person 18 years of age or over who violates
10  subsection (2) by delivering drug paraphernalia to a person
11  under 18 years of age is guilty of a felony of the second
12  degree, punishable as provided in s. 775.082, s. 775.083, or
13  s. 775.084.
14         (b)  It is unlawful for any person to sell or otherwise
15  deliver hypodermic syringes, needles, or other objects which
16  may be used, are intended for use, or are designed for use in
17  parenterally injecting substances into the human body to any
18  person under 18 years of age, except that hypodermic syringes,
19  needles, or other such objects may be lawfully dispensed to a
20  person under 18 years of age by a licensed practitioner,
21  parent, or legal guardian or by a pharmacist pursuant to a
22  valid prescription for same.  Any person who violates the
23  provisions of this paragraph is guilty of a misdemeanor of the
24  first degree, punishable as provided in s. 775.082 or s.
25  775.083.
26         (4)  TRANSPORTATION OF DRUG PARAPHERNALIA.--It is
27  unlawful to use, possess with the intent to use, or
28  manufacture with the intent to use drug paraphernalia, knowing
29  or under circumstances in which one reasonably should know
30  that it will be used to transport:
31
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  1         (a)  A controlled substance in violation of this
  2  chapter; or
  3         (b)  Contraband as defined in s. 932.701(2)(a)1.
  4
  5  Any person who violates this subsection commits a felony of
  6  the third degree, punishable as provided in s. 775.082, s.
  7  775.083, or s. 775.084.
  8         (5)(4)  ADVERTISEMENT OF DRUG PARAPHERNALIA.--It is
  9  unlawful for any person to place in any newspaper, magazine,
10  handbill, or other publication any advertisement, knowing, or
11  under circumstances where one reasonably should know, that the
12  purpose of the advertisement, in whole or in part, is to
13  promote the sale of objects designed or intended for use as
14  drug paraphernalia.  Any person who violates this subsection
15  is guilty of a misdemeanor of the first degree, punishable as
16  provided in s. 775.082 or s. 775.083.
17         Section 17.  Paragraph (a) of subsection (1) of section
18  895.02, Florida Statutes, is amended to read:
19         895.02  Definitions.--As used in ss. 895.01-895.08, the
20  term:
21         (1)  "Racketeering activity" means to commit, to
22  attempt to commit, to conspire to commit, or to solicit,
23  coerce, or intimidate another person to commit:
24         (a)  Any crime which is chargeable by indictment or
25  information under the following provisions of the Florida
26  Statutes:
27         1.  Section 210.18, relating to evasion of payment of
28  cigarette taxes.
29         2.  Section 403.727(3)(b), relating to environmental
30  control.
31
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  1         3.  Section 414.39, relating to public assistance
  2  fraud.
  3         4.  Section 409.920, relating to Medicaid provider
  4  fraud.
  5         5.  Section 440.105 or s. 440.106, relating to workers'
  6  compensation.
  7         6.  Part IV of chapter 501, relating to telemarketing.
  8         7.  Chapter 517, relating to sale of securities and
  9  investor protection.
10         8.  Section 550.235, s. 550.3551, or s. 550.3605,
11  relating to dogracing and horseracing.
12         9.  Chapter 550, relating to jai alai frontons.
13         10.  Chapter 552, relating to the manufacture,
14  distribution, and use of explosives.
15         11.  Chapter 560, relating to money transmitters, if
16  the violation is punishable as a felony.
17         12.11.  Chapter 562, relating to beverage law
18  enforcement.
19         13.12.  Section 624.401, relating to transacting
20  insurance without a certificate of authority, s.
21  624.437(4)(c)1., relating to operating an unauthorized
22  multiple-employer welfare arrangement, or s. 626.902(1)(b),
23  relating to representing or aiding an unauthorized insurer.
24         14.13.  Section 655.50, relating to reports of currency
25  transactions, when such violation is punishable as a felony.
26         15.14.  Chapter 687, relating to interest and usurious
27  practices.
28         16.15.  Section 721.08, s. 721.09, or s. 721.13,
29  relating to real estate timeshare plans.
30         17.16.  Chapter 782, relating to homicide.
31         18.17.  Chapter 784, relating to assault and battery.
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  1         19.18.  Chapter 787, relating to kidnapping.
  2         20.19.  Chapter 790, relating to weapons and firearms.
  3         21.20.  Section 796.03, s. 796.04, s.  796.05, or s.
  4  796.07, relating to prostitution.
  5         22.21.  Chapter 806, relating to arson.
  6         23.22.  Section 810.02(2)(c), relating to specified
  7  burglary of a dwelling or structure.
  8         24.23.  Chapter 812, relating to theft, robbery, and
  9  related crimes.
10         25.24.  Chapter 815, relating to computer-related
11  crimes.
12         26.25.  Chapter 817, relating to fraudulent practices,
13  false pretenses, fraud generally, and credit card crimes.
14         27.26.  Chapter 825, relating to abuse, neglect, or
15  exploitation of an elderly person or disabled adult.
16         28.27.  Section 827.071, relating to commercial sexual
17  exploitation of children.
18         29.28.  Chapter 831, relating to forgery and
19  counterfeiting.
20         30.29.  Chapter 832, relating to issuance of worthless
21  checks and drafts.
22         31.30.  Section 836.05, relating to extortion.
23         32.31.  Chapter 837, relating to perjury.
24         33.32.  Chapter 838, relating to bribery and misuse of
25  public office.
26         34.33.  Chapter 843, relating to obstruction of
27  justice.
28         35.34.  Section 847.011, s. 847.012, s. 847.013, s.
29  847.06, or s. 847.07, relating to obscene literature and
30  profanity.
31
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  1         36.35.  Section 849.09, s. 849.14, s. 849.15, s.
  2  849.23, or s. 849.25, relating to gambling.
  3         37.36.  Chapter 874, relating to criminal street gangs.
  4         38.37.  Chapter 893, relating to drug abuse prevention
  5  and control.
  6         39.38.  Chapter 896, relating to offenses related to
  7  financial transactions.
  8         40.39.  Sections 914.22 and 914.23, relating to
  9  tampering with a witness, victim, or informant, and
10  retaliation against a witness, victim, or informant.
11         41.40.  Sections 918.12 and 918.13, relating to
12  tampering with jurors and evidence.
13         Section 18.  Section 896.101, Florida Statutes, is
14  amended to read:
15         896.101  Florida Money Laundering Act; definitions;
16  penalties; injunctions; seizure warrants; immunity Offense of
17  conduct of financial transaction involving proceeds of
18  unlawful activity; penalties.--
19         (1)  This section may be cited as the "Florida Money
20  Laundering Act."
21         (2)(1)  DEFINITIONS.--As used in this section, the
22  term:
23         (a)  "Knowing that the property involved in a financial
24  transaction represents the proceeds of some form of unlawful
25  activity" means that the person knew the property involved in
26  the transaction represented proceeds from some form, though
27  not necessarily which form, of activity that constitutes a
28  felony under state or federal law, regardless of whether or
29  not such activity is specified in paragraph (g).
30         (b)  "Conducts" includes initiating, concluding, or
31  participating in initiating or concluding a transaction.
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  1         (c)  "Transaction" means a purchase, sale, loan,
  2  pledge, gift, transfer, delivery, or other disposition, and
  3  with respect to a financial institution includes a deposit,
  4  withdrawal, transfer between accounts, exchange of currency,
  5  loan, extension of credit, purchase or sale of any stock,
  6  bond, certificate of deposit, or other monetary instrument,
  7  use of a safety deposit box, or any other payment, transfer,
  8  or delivery by, through, or to a financial institution, by
  9  whatever means effected.
10         (d)  "Financial transaction" means a transaction
11  involving the movement of funds by wire or other means or
12  involving one or more monetary instruments, which in any way
13  or degree affects commerce, or a transaction involving the
14  transfer of title to any real property, vehicle, vessel, or
15  aircraft, or a transaction involving the use of a financial
16  institution which is engaged in, or the activities of which
17  affect, commerce in any way or degree.
18         (e)  "Monetary instruments" means coin or currency of
19  the United States or of any other country, travelers' checks,
20  personal checks, bank checks, money orders, investment
21  securities in bearer form or otherwise in such form that title
22  thereto passes upon delivery, and negotiable instruments in
23  bearer form or otherwise in such form that title thereto
24  passes upon delivery.
25         (f)  "Financial institution" means a financial
26  institution as defined in 31 U.S.C. s. 5312 which institution
27  is located in this state.
28         (g)  "Specified unlawful activity" means any
29  "racketeering activity" as defined in s. 895.02.
30         (h)  "Knowing" means that a person knew; or, with
31  respect to any transaction or transportation involving more
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  1  than $10,000 in U.S. currency or foreign equivalent, also
  2  means should have known after reasonable inquiry, unless the
  3  person has a duty to file a federal currency transaction
  4  report, IRS Form 8300, or a like report under state law and
  5  has complied with that reporting requirement in accordance
  6  with law.
  7         (i)  "Petitioner" means any local, county, state, or
  8  federal law enforcement agency; the Attorney General; any
  9  state attorney; or the statewide prosecutor.
10         (3)(2)  It is unlawful a felony of the second degree,
11  punishable as provided in s. 775.082, s. 775.083, or s.
12  775.084, for a person:
13         (a)  Knowing that the property involved in a financial
14  transaction represents the proceeds of some form of unlawful
15  activity, to conduct or attempt to conduct such a financial
16  transaction which in fact involves the proceeds of specified
17  unlawful activity:
18         1.  With the intent to promote the carrying on of
19  specified unlawful activity; or
20         2.  Knowing that the transaction is designed in whole
21  or in part:
22         a.  To conceal or disguise the nature, the location,
23  the source, the ownership, or the control of the proceeds of
24  specified unlawful activity; or
25         b.  To avoid a transaction reporting requirement or
26  money transmitters' registration requirement under state law.
27         (b)  To transport or attempt to transport a monetary
28  instrument or funds:
29         1.  With the intent to promote the carrying on of
30  specified unlawful activity; or
31
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  1         2.  Knowing that the monetary instrument or funds
  2  involved in the transportation represent the proceeds of some
  3  form of unlawful activity and knowing that such transportation
  4  is designed in whole or in part:
  5         a.  To conceal or disguise the nature, the location,
  6  the source, the ownership, or the control of the proceeds of
  7  specified unlawful activity; or
  8         b.  To avoid a transaction reporting requirement or
  9  money transmitters' registration requirement under state law.
10         (c)  To conduct or attempt to conduct a financial
11  transaction which involves property or proceeds which an
12  investigative or law enforcement officer, or someone acting
13  under such officer's direction, represents as being derived
14  from, or as being used to conduct or facilitate, specified
15  unlawful activity, when the person's conduct or attempted
16  conduct is undertaken with the intent:
17         1.  To promote the carrying on of specified unlawful
18  activity; or
19         2.  To conceal or disguise the nature, the location,
20  the source, the ownership, or the control of the proceeds or
21  property believed to be the proceeds of specified unlawful
22  activity; or
23         3.  To avoid a transaction reporting requirement under
24  state law.
25         (d)  A person who violates this subsection is also
26  liable for a civil penalty of not more than the greater of the
27  value of the property, funds, or monetary instruments involved
28  in the transaction or $10,000.
29         (d)(e)  For the purposes of this subsection,
30  "investigative or law enforcement officer" means any officer
31  of the State of Florida or political subdivision thereof, of
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  1  the United States, or of any other state or political
  2  subdivision thereof, who is empowered by law to conduct, on
  3  behalf of the government, investigations of, or to make
  4  arrests for, offenses enumerated in this subsection or similar
  5  federal offenses.
  6         (4)  It does not constitute a defense to a prosecution
  7  for any violation of this chapter that:
  8         (a)  Any stratagem or deception, including the use of
  9  an undercover operative or law enforcement officer, was
10  employed.
11         (b)  A facility or an opportunity to engage in conduct
12  in violation of this act was provided.
13         (c)  A law enforcement officer, or person acting under
14  direction of a law enforcement officer, solicited a person
15  predisposed to engage in conduct in violation of any provision
16  of this chapter to commit a violation of this chapter in order
17  to gain evidence against that person, provided such
18  solicitation would not induce an ordinary law-abiding person
19  to violate this chapter.
20
21  This subsection does not preclude the defense of entrapment.
22         (5)  A person who violates this section, if the
23  violation involves:
24         (a)  Monetary instruments exceeding $300 but less than
25  $20,000 in any 12-month period, commits a felony of the third
26  degree, punishable as provided in s. 775.082, s. 775.083, or
27  s. 775.084.
28         (b)  Monetary instruments totaling $20,000 but less
29  than $100,000 in any 12-month period, commits a felony of the
30  second degree, punishable as provided in s. 775.082, s.
31  775.083, or s. 775.084.
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  1         (c)  Monetary instruments totaling or exceeding
  2  $100,000 in any 12-month period, commits a felony of the first
  3  degree, punishable a provided in s. 775.082, s. 775.083, or s.
  4  775.084.
  5         (6)  In addition to the penalties authorized by s.
  6  775.082, s. 775.083, or s. 775.084, a person who has been
  7  found guilty of or who has pleaded guilty or nolo contendere
  8  to having violated this section may be sentenced to pay a fine
  9  not exceeding $250,000 or twice the value of the monetary
10  instruments, whichever is greater, except that for a second or
11  subsequent violation of this section, the fine may be up to
12  $500,000 or quintuple the value of the monetary instruments,
13  whichever is greater.
14         (7)  A person who violates this section is also liable
15  for a civil penalty of not more than the value of the monetary
16  instruments involved or $25,000, whichever is greater.
17         (8)(a)  If a person is alienating or disposing of
18  monetary instruments, or appears likely to or demonstrates an
19  intent to alienate or dispose of monetary instruments, used in
20  violation of this section, chapter 560, s. 655.50, or any
21  crime listed as specified unlawful activity under this
22  section, or monetary instruments or funds that are traceable
23  to any such violation, the petitioner may commence a civil
24  action in any circuit court having jurisdiction where such
25  monetary instruments are located or have been deposited for a
26  temporary injunction to prohibit any person from withdrawing,
27  transferring, removing, dissipating, or disposing of any such
28  monetary instruments of equivalent value. The temporary
29  injunction will be obtained pursuant to Florida Civil Rule of
30  Procedure 1.610. This section governs all temporary
31  injunctions obtained pursuant to this section and supercedes
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  1  all other provisions of the rule that may be inconsistent with
  2  this section. The court shall take into account any
  3  anticipated impact the temporary injunction will have on
  4  innocent third parties or businesses, balanced against the
  5  petitioner's need to preserve the monetary instruments.
  6         (b)  A temporary injunction must be granted without
  7  bond to the petitioner. However, the court may authorize a
  8  respondent to post a bond equal to the amount to be enjoined
  9  and to have the injunction dissolved.
10         (c)  A temporary injunction is to be entered upon
11  application of the petitioner, ex parte and without notice or
12  opportunity for a hearing with respect to the monetary
13  instruments.
14         (d)  Such a temporary order expires not more than 10
15  days after the date on which the order is served, unless
16  extended for good cause shown or unless the party against whom
17  it is entered consents to an extension for a longer period.
18         (e)  If at any time the petitioner discovers that the
19  funds sought to be enjoined total less than $10,000, the
20  petitioner shall immediately inform the court and the court
21  shall immediately dissolve the temporary injunction.
22         (f)  At the termination of the temporary injunction or
23  at any time before the termination of the temporary
24  injunction, the petitioner may:
25         1.  Obtain a warrant or other court order and seize the
26  monetary instruments or funds and initiate a civil forfeiture
27  action;
28         2.  Obtain a warrant or other court order and seize the
29  monetary instruments or funds for any subsequent criminal
30  prosecution; or
31
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  1         3.  Petition the court to extend the order for a period
  2  not longer than 10 days from the original order's termination
  3  date. At the end of the termination of the 10-day extension,
  4  the petitioner may take either of the steps outlined in
  5  subparagraph 1. or subparagraph 2. However, the petitioner may
  6  not be granted any additional extensions.
  7         (g)  Within 24 hours after a temporary order is served
  8  pursuant to this section, the petitioner shall furnish to both
  9  the person or entity in possession of the monetary instruments
10  and to the owner of the monetary instruments, if known, either
11  by certified mail, return receipt requested, or by personal
12  service, a copy of the order entered pursuant to this section
13  and a notice that the lawful owner of the monetary instruments
14  being enjoined may request a hearing to contest the order
15  entered pursuant to this section by petitioning the court that
16  issued the order. The notice must also advise that the hearing
17  will be held within 3 days after the request or as soon as
18  practicable thereafter and before the expiration of the
19  temporary order. The notice must state that the hearing will
20  be set and noticed by the person against whom the order is
21  entered.
22         (h)  Only the lawful owner or the account holder of the
23  monetary instruments or funds being enjoined may request a
24  hearing to contest the order entered pursuant to this section
25  by petitioning the court that issued the order. A hearing must
26  be held within 3 days after the request or as soon as
27  practicable thereafter and before the expiration of the
28  temporary order. The hearing must be set and noticed by the
29  lawful owner of the monetary instruments or his or her
30  attorney. Notice of the hearing must be provided to the
31  petitioner who procured the temporary injunction pursuant to
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  1  the Florida Rules of Civil Procedure but not less than 24
  2  hours before the scheduled hearing. The court may receive and
  3  consider at a hearing held pursuant to this subsection,
  4  evidence and information that would be inadmissible under the
  5  Florida Rules of Evidence. A proceeding under this subsection
  6  is governed by the Florida Rules of Civil Procedure.
  7         (9)(a)  The petitioner may request issuance of a
  8  warrant authorizing the seizure of property, monetary
  9  instruments, or funds subject to civil forfeiture in the same
10  manner as provided for search warrants in chapter 933.
11         (b)  Any financial institution that receives a seizure
12  warrant pursuant to paragraph (a), temporary injunction, or
13  other court order, may deduct from the account the funds
14  necessary to pay any electronic transaction presented for
15  payment where the electronic transaction was initiated prior
16  to the time the seizure order was served on the financial
17  institution.
18         (10)  Any financial institution, licensed money
19  transmitter, or other person served with and complying with
20  the terms of a warrant, temporary injunction, or other court
21  order, including any subpoena issued under the authority
22  granted by s. 27.04, obtained in furtherance of an
23  investigation of any crime in this section, including any
24  crime listed as specified unlawful activity under this section
25  or any felony violation of chapter 560, has immunity from
26  criminal liability and shall not be liable to any person for
27  any lawful action taken in complying with the warrant,
28  temporary injunction, or other court order, including any
29  subpoena issued under the authority granted by s. 27.04.
30         (11)  In any prosecution brought pursuant to chapter
31  896, the common law corpus delicti rule does not apply. The
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  1  defendant's confession or admission is admissible during trial
  2  without the state having to prove the corpus delicti if the
  3  court finds in a hearing conducted outside the presence of the
  4  jury that the defendant's confession or admission is
  5  trustworthy. Before the court admits the defendant's
  6  confession or admission, the state must prove by a
  7  preponderance of the evidence that there is sufficient
  8  corroborating evidence that tends to establish the
  9  trustworthiness of the statement by the defendant. Hearsay
10  evidence is admissible during the presentation of evidence at
11  the hearing. In making its determination, the court may
12  consider all relevant corroborating evidence, including the
13  defendant's statements.
14         Section 19.  Section 896.103, Florida Statutes, is
15  amended to read:
16         896.103  Transaction which constitutes separate
17  offense.--Notwithstanding any other provision of law, for
18  purposes of this section and ss. 896.101 and 896.102, each
19  individual currency transaction exceeding $10,000 which is
20  made in violation of the provisions of s. 896.102(1) or each
21  financial transaction in violation of the provisions of s.
22  896.101(3)(2) which involves the movement of funds in excess
23  of $10,000 shall constitute a separate, punishable offense.
24         Section 20.  Section 896.104, Florida Statutes, is
25  created to read:
26         896.104  Structuring transactions to evade reporting or
27  registration requirements prohibited.--
28         (1)  DEFINITIONS.--For purposes of this section, the
29  terms "structure" or "structuring" mean that a person, acting
30  alone, or in conjunction with, or on behalf of, other persons,
31  conducts or attempts to conduct one or more transactions in
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  1  currency, in any amount, at one or more financial
  2  institutions, on one or more days, in any manner, for the
  3  purpose of evading currency transaction reporting requirements
  4  provided by state or federal law. "In any manner" includes,
  5  but is not limited to, the breaking down of a single sum of
  6  currency exceeding $10,000 into smaller sums, including sums
  7  at or below $10,000, or the conduct of a transaction, or
  8  series of currency transactions, at or below $10,000. The
  9  transaction or transactions need not exceed the $10,000
10  reporting threshold at any single financial institution on any
11  single day in order to meet the definition of "structure" or
12  "structuring" provided in this subsection.
13         (2)  DOMESTIC COIN AND CURRENCY TRANSACTIONS.--A person
14  may not, for the purpose of evading the reporting and
15  registration requirements of chapter 896, chapter 655, or
16  chapter 560, or s. 5313(a) or s. 5325 of Title 31, United
17  States Code, or any rules or regulations adopted under those
18  chapters and sections, when some portion of the activity by
19  that person occurs in this state:
20         (a)  Cause or attempt to cause a person or financial
21  institution in this state to fail to file an applicable report
22  or registration required under those chapters and sections or
23  any rule or regulation adopted under any of those chapters and
24  sections;
25         (b)  Cause or attempt to cause a person or financial
26  institution in this state to file an applicable report
27  required under those chapters and sections or any rule or
28  regulation adopted under those chapters and sections which
29  contains a material omission or misstatement of fact; or
30         (c)  Structure or assist in structuring, or attempt to
31  structure or assist in structuring, any financial transaction
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  1  with or involving one or more financial institutions in this
  2  state.
  3         (3)  INTERNATIONAL MONETARY INSTRUMENT TRANSACTIONS.--A
  4  person may not, for the purpose of evading the reporting or
  5  registration requirements of chapter 896, chapter 655, or
  6  chapter 560, or s. 5316 of Title 31, United States Code, when
  7  some portion of the activity by that person occurs in this
  8  state:
  9         (a)  Fail to file an applicable registration or report
10  required by those chapters and sections, or cause or attempt
11  to cause a person to fail to file such a report;
12         (b)  File or cause or attempt to cause a person to file
13  an applicable registration or report required under those
14  chapters and sections which contains a material omission or
15  misstatement of fact; or
16         (c)  Structure or assist in structuring, or attempt to
17  structure or assist in structuring, any importation or
18  exportation of currency or monetary instruments to, from, or
19  through financial institutions in this state.
20         (4)  CRIMINAL PENALTIES.--
21         (a)  A person who violates this section, if the
22  violation involves:
23         1.  Monetary instruments exceeding $300 but less than
24  $20,000 in any 12-month period, commits a felony of the third
25  degree, punishable as provided in s. 775.082, s. 775.083, or
26  s. 775.084.
27         2.  Monetary instruments totaling or exceeding $20,000
28  but less than $100,000 in any 12-month period, commits a
29  felony of the second degree, punishable as provided in s.
30  775.082, s. 775.083, or s. 775.084.
31
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  1         3.  Monetary instruments totaling or exceeding $100,000
  2  in any 12-month period, commits a felony of the first degree,
  3  punishable as provided in s. 775.082, s. 775.083, or s.
  4  775.084.
  5         (b)  In addition to the penalties authorized by s.
  6  775.082, s. 775.083, or s. 775.084, a person who has been
  7  found guilty of or who has pleaded guilty or nolo contendere
  8  to having violated this section may be sentenced to pay a fine
  9  not exceeding $250,000 or twice the value of the monetary
10  instruments, whichever is greater, except that for a second or
11  subsequent violation of this section, the fine may be up to
12  $500,000 or quintuple the value of the monetary instruments,
13  whichever is greater.
14         (c)  A person who violates this section is also liable
15  for a civil penalty of not more than the value of the monetary
16  instruments involved or $25,000, whichever is greater.
17         (5)  INFERENCE.--Proof that a person engaged for
18  monetary consideration in the business of a funds transmitter
19  as defined in s. 560.103(9) and who is transporting more than
20  $10,000 in currency, or foreign equivalent, without being
21  registered as a money transmitter or designated as an
22  authorized vendor under the provisions of chapter 560, gives
23  rise to an inference that the transportation was done with
24  knowledge of the registration requirements of chapter 560 and
25  the reporting requirements of this chapter.
26         (6)  CONSTRUCTION.--This section may not be construed
27  to require any new or additional reporting requirements on any
28  entity obligated to file reports under state or federal law.
29         Section 21.  Section 896.105, Florida Statutes, is
30  created to read:
31
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  1         896.105  Penalty provisions not applicable to law
  2  enforcement.--The penalty provisions of this chapter,
  3  including those directed at reporting violations or the
  4  conduct or attempted conduct of unlawful financial
  5  transactions, the unlawful transportation or attempted
  6  transportation of monetary instruments, and the concealment of
  7  unlawful proceeds or their ownership are not applicable to law
  8  enforcement officers who engage in aspects of such activity
  9  for bona fide authorized undercover law enforcement purposes
10  in the course of or in relation to an active criminal
11  investigation, active criminal intelligence gathering, or
12  active prosecution.
13         Section 22.  Section 896.106, Florida Statutes, is
14  created to read:
15         896.106  Fugitive disentitlement.--A person my not use
16  the resources of the courts of this state in furtherance of a
17  claim in any related civil forfeiture action or a claim in
18  third-party proceeding in any related forfeiture action if
19  that person purposely leaves the jurisdiction of this state or
20  the United States; declines to enter or reenter this state to
21  submit to its jurisdiction; or otherwise evades the
22  jurisdiction of the court in which a criminal case is pending
23  against the person.
24         Section 23.  Section 896.107, Florida Statutes, is
25  created to read:
26         896.107  Rewards for informants.--
27         (1)  A law enforcement agency conducting any
28  investigation of a violation of this chapter may pay a reward
29  to an individual who provides original information that leads
30  to a recovery of a criminal fine, civil penalty, or
31  forfeiture.
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  1         (2)  The law enforcement agency shall determine the
  2  amount of a reward under this section. The law enforcement
  3  agency may not pay more than the amount of reward authorized
  4  for similar activity by any federal law or guideline in effect
  5  at the time the information described in subsection (1) was
  6  provided.
  7         (3)  An officer or employee of the United States, a
  8  state or local government, or a foreign government who in the
  9  performance of official duties provides information described
10  in subsection (1) is not eligible for a reward under this
11  section.
12         (4)  Payment of a reward does not affect the
13  admissibility of testimony in any court proceeding.
14         Section 24.  Paragraphs (g), (h), and (i) of subsection
15  (3) of section 921.0022, Florida Statutes, are amended to
16  read:
17         921.0022  Criminal Punishment Code; offense severity
18  ranking chart.--
19         (3)  OFFENSE SEVERITY RANKING CHART
20
21  Florida           Felony
22  Statute           Degree             Description
23
24
25                              (g)  LEVEL 7
26  316.193(3)(c)2.    3rd      DUI resulting in serious bodily
27                              injury.
28  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious
29                              bodily injury.
30
31
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  1  402.319(2)         2nd      Misrepresentation and negligence
  2                              or intentional act resulting in
  3                              great bodily harm, permanent
  4                              disfiguration, permanent
  5                              disability, or death.
  6  409.920(2)         3rd      Medicaid provider fraud.
  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)      3rd      Money transmitter business by
18                              unauthorized person, currency or
19                              payment instruments exceeding
20                              $300 but less than $20,000.
21  655.50(10)(b)1.    3rd      Failure to report financial
22                              transactions exceeding $300 but
23                              less than $20,000 by financial
24                              institution.
25  782.051(3)         2nd      Attempted felony murder of a
26                              person by a person other than the
27                              perpetrator or the perpetrator of
28                              an attempted felony.
29
30
31
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  1  782.07(1)          2nd      Killing of a human being by the
  2                              act, procurement, or culpable
  3                              negligence of another
  4                              (manslaughter).
  5  782.071            2nd      Killing of human being or viable
  6                              fetus by the operation of a motor
  7                              vehicle in a reckless manner
  8                              (vehicular homicide).
  9  782.072            2nd      Killing of a human being by the
10                              operation of a vessel in a
11                              reckless manner (vessel
12                              homicide).
13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally
14                              causing great bodily harm or
15                              disfigurement.
16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly
17                              weapon.
18  784.045(1)(b)      2nd      Aggravated battery; perpetrator
19                              aware victim pregnant.
20  784.048(4)         3rd      Aggravated stalking; violation of
21                              injunction or court order.
22  784.07(2)(d)       1st      Aggravated battery on law
23                              enforcement officer.
24  784.08(2)(a)       1st      Aggravated battery on a person 65
25                              years of age or older.
26  784.081(1)         1st      Aggravated battery on specified
27                              official or employee.
28  784.082(1)         1st      Aggravated battery by detained
29                              person on visitor or other
30                              detainee.
31
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  1  784.083(1)         1st      Aggravated battery on code
  2                              inspector.
  3  790.07(4)          1st      Specified weapons violation
  4                              subsequent to previous conviction
  5                              of s. 790.07(1) or (2).
  6  790.16(1)          1st      Discharge of a machine gun under
  7                              specified circumstances.
  8  796.03             2nd      Procuring any person under 16
  9                              years for prostitution.
10  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;
11                              victim less than 12 years of age;
12                              offender less than 18 years.
13  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;
14                              victim 12 years of age or older
15                              but less than 16 years; offender
16                              18 years or older.
17  806.01(2)          2nd      Maliciously damage structure by
18                              fire or explosive.
19  810.02(3)(a)       2nd      Burglary of occupied dwelling;
20                              unarmed; no assault or battery.
21  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;
22                              unarmed; no assault or battery.
23  810.02(3)(d)       2nd      Burglary of occupied conveyance;
24                              unarmed; no assault or battery.
25  812.014(2)(a)      1st      Property stolen, valued at
26                              $100,000 or more; property stolen
27                              while causing other property
28                              damage; 1st degree grand theft.
29
30
31
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  1  812.019(2)         1st      Stolen property; initiates,
  2                              organizes, plans, etc., the theft
  3                              of property and traffics in
  4                              stolen property.
  5  812.131(2)(a)      2nd      Robbery by sudden snatching.
  6  812.133(2)(b)      1st      Carjacking; no firearm, deadly
  7                              weapon, or other weapon.
  8  825.102(3)(b)      2nd      Neglecting an elderly person or
  9                              disabled adult causing great
10                              bodily harm, disability, or
11                              disfigurement.
12  825.1025(2)        2nd      Lewd or lascivious battery upon
13                              an elderly person or disabled
14                              adult.
15  825.103(2)(b)      2nd      Exploiting an elderly person or
16                              disabled adult and property is
17                              valued at $20,000 or more, but
18                              less than $100,000.
19  827.03(3)(b)       2nd      Neglect of a child causing great
20                              bodily harm, disability, or
21                              disfigurement.
22  827.04(3)          3rd      Impregnation of a child under 16
23                              years of age by person 21 years
24                              of age or older.
25  837.05(2)          3rd      Giving false information about
26                              alleged capital felony to a law
27                              enforcement officer.
28  872.06             2nd      Abuse of a dead human body.
29
30
31
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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), or (2)(b)) within
  5                              1,000 feet of a child care
  6                              facility or school.
  7  893.13(1)(e)       1st      Sell, manufacture, or deliver
  8                              cocaine or other drug prohibited
  9                              under s. 893.03(1)(a), (1)(b),
10                              (1)(d), (2)(a), or (2)(b), within
11                              1,000 feet of property used for
12                              religious services or a specified
13                              business site.
14  893.13(4)(a)       1st      Deliver to minor cocaine (or
15                              other s. 893.03(1)(a), (1)(b),
16                              (1)(d), (2)(a), or (2)(b) drugs).
17  893.135(1)(a)1.    1st      Trafficking in cannabis, more
18                              than 50 lbs., less than 2,000
19                              lbs.
20  893.135
21   (1)(b)1.a.        1st      Trafficking in cocaine, more than
22                              28 grams, less than 200 grams.
23  893.135
24   (1)(c)1.a.        1st      Trafficking in illegal drugs,
25                              more than 4 grams, less than 14
26                              grams.
27  893.135
28   (1)(d)1.          1st      Trafficking in phencyclidine,
29                              more than 28 grams, less than 200
30                              grams.
31
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  1  893.135(1)(e)1.    1st      Trafficking in methaqualone, more
  2                              than 200 grams, less than 5
  3                              kilograms.
  4  893.135(1)(f)1.    1st      Trafficking in amphetamine, more
  5                              than 14 grams, less than 28
  6                              grams.
  7  893.135
  8   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4
  9                              grams or more, less than 14
10                              grams.
11  896.101(5)(a)      3rd      Money laundering, monetary
12                              instruments exceeding $300 but
13                              less than $20,000.
14  896.104(4)(a)1.    3rd      Structuring transactions to evade
15                              reporting or registration
16                              requirements, monetary
17                              instruments exceeding $300 but
18                              less than $20,000.
19                              (h)  LEVEL 8
20  316.193
21   (3)(c)3.a.        2nd      DUI manslaughter.
22  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.
23  560.123(8)(b)2.    2nd      Failure to report currency or
24                              payment instruments totaling or
25                              exceeding $20,000, but less than
26                              $100,000 by money transmitter.
27  560.125(5)(b)      2nd      Money transmitter business by
28                              unauthorized person, currency or
29                              payment instruments totaling or
30                              exceeding $20,000, but less than
31                              $100,000.
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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(2)         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.
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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  812.13(2)(b)       1st      Robbery with a weapon.
13  812.135(2)         1st      Home-invasion robbery.
14  825.102(2)         2nd      Aggravated abuse of an elderly
15                              person or disabled adult.
16  825.103(2)(a)      1st      Exploiting an elderly person or
17                              disabled adult and property is
18                              valued at $100,000 or more.
19  837.02(2)          2nd      Perjury in official proceedings
20                              relating to prosecution of a
21                              capital felony.
22  837.021(2)         2nd      Making contradictory statements
23                              in official proceedings relating
24                              to prosecution of a capital
25                              felony.
26  860.121(2)(c)      1st      Shooting at or throwing any
27                              object in path of railroad
28                              vehicle resulting in great bodily
29                              harm.
30  860.16             1st      Aircraft piracy.
31
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  1  893.13(1)(b)       1st      Sell or deliver in excess of 10
  2                              grams of any substance specified
  3                              in s. 893.03(1)(a) or (b).
  4  893.13(2)(b)       1st      Purchase in excess of 10 grams of
  5                              any substance specified in s.
  6                              893.03(1)(a) or (b).
  7  893.13(6)(c)       1st      Possess in excess of 10 grams of
  8                              any substance specified in s.
  9                              893.03(1)(a) or (b).
10  893.135(1)(a)2.    1st      Trafficking in cannabis, more
11                              than 2,000 lbs., less than 10,000
12                              lbs.
13  893.135
14   (1)(b)1.b.        1st      Trafficking in cocaine, more than
15                              200 grams, less than 400 grams.
16  893.135
17   (1)(c)1.b.        1st      Trafficking in illegal drugs,
18                              more than 14 grams, less than 28
19                              grams.
20  893.135
21   (1)(d)1.b.        1st      Trafficking in phencyclidine,
22                              more than 200 grams, less than
23                              400 grams.
24  893.135
25   (1)(e)1.b.        1st      Trafficking in methaqualone, more
26                              than 5 kilograms, less than 25
27                              kilograms.
28  893.135
29   (1)(f)1.b.        1st      Trafficking in amphetamine, more
30                              than 28 grams, less than 200
31                              grams.
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  1  893.135
  2   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14
  3                              grams or more, less than 28
  4                              grams.
  5  895.03(1)          1st      Use or invest proceeds derived
  6                              from pattern of racketeering
  7                              activity.
  8  895.03(2)          1st      Acquire or maintain through
  9                              racketeering activity any
10                              interest in or control of any
11                              enterprise or real property.
12  895.03(3)          1st      Conduct or participate in any
13                              enterprise through pattern of
14                              racketeering activity.
15  896.101(5)(b)      2nd      Money laundering, monetary
16                              instruments exceeding $20,000,
17                              but less than $100,000.
18  896.104(4)(a)2.    2nd      Structuring transactions to evade
19                              reporting or registration
20                              requirements, monetary
21                              instruments totaling or exceeding
22                              $20,000 but less than $100,000.
23                              (i)  LEVEL 9
24  316.193
25   (3)(c)3.b.        1st      DUI manslaughter; failing to
26                              render aid or give information.
27  560.123(8)(b)3.    1st      Failure to report currency or
28                              payment instruments totaling or
29                              exceeding $100,000 by money
30                              transmitter.
31
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  1  560.125(5)(c)      1st      Money transmitter business by
  2                              unauthorized person, currency, or
  3                              payment instruments totaling or
  4                              exceeding $100,000.
  5  655.50(10)(b)3.    1st      Failure to report financial
  6                              transactions totaling or
  7                              exceeding $100,000 by financial
  8                              institution.
  9  782.04(1)          1st      Attempt, conspire, or solicit to
10                              commit premeditated murder.
11  782.04(3)          1st,PBL   Accomplice to murder in
12                              connection with arson, sexual
13                              battery, robbery, burglary, and
14                              other specified felonies.
15  782.051(1)         1st      Attempted felony murder while
16                              perpetrating or attempting to
17                              perpetrate a felony enumerated in
18                              s. 782.04(3).
19  782.07(2)          1st      Aggravated manslaughter of an
20                              elderly person or disabled adult.
21  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or
22                              reward or as a shield or hostage.
23  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit
24                              or facilitate commission of any
25                              felony.
26  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to
27                              interfere with performance of any
28                              governmental or political
29                              function.
30
31
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  1  787.02(3)(a)       1st      False imprisonment; child under
  2                              age 13; perpetrator also commits
  3                              aggravated child abuse, sexual
  4                              battery, or lewd or lascivious
  5                              battery, molestation, conduct, or
  6                              exhibition.
  7  790.161            1st      Attempted capital destructive
  8                              device offense.
  9  794.011(2)         1st      Attempted sexual battery; victim
10                              less than 12 years of age.
11  794.011(2)         Life     Sexual battery; offender younger
12                              than 18 years and commits sexual
13                              battery on a person less than 12
14                              years.
15  794.011(4)         1st      Sexual battery; victim 12 years
16                              or older, certain circumstances.
17  794.011(8)(b)      1st      Sexual battery; engage in sexual
18                              conduct with minor 12 to 18 years
19                              by person in familial or
20                              custodial authority.
21  800.04(5)(b)       1st      Lewd or lascivious molestation;
22                              victim less than 12 years;
23                              offender 18 years or older.
24  812.13(2)(a)       1st,PBL  Robbery with firearm or other
25                              deadly weapon.
26  812.133(2)(a)      1st,PBL  Carjacking; firearm or other
27                              deadly weapon.
28  827.03(2)          1st      Aggravated child abuse.
29  847.0145(1)        1st      Selling, or otherwise
30                              transferring custody or control,
31                              of a minor.
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  1  847.0145(2)        1st      Purchasing, or otherwise
  2                              obtaining custody or control, of
  3                              a minor.
  4  859.01             1st      Poisoning food, drink, medicine,
  5                              or water with intent to kill or
  6                              injure another person.
  7  893.135            1st      Attempted capital trafficking
  8                              offense.
  9  893.135(1)(a)3.    1st      Trafficking in cannabis, more
10                              than 10,000 lbs.
11  893.135
12   (1)(b)1.c.        1st      Trafficking in cocaine, more than
13                              400 grams, less than 150
14                              kilograms.
15  893.135
16   (1)(c)1.c.        1st      Trafficking in illegal drugs,
17                              more than 28 grams, less than 30
18                              kilograms.
19  893.135
20   (1)(d)1.c.        1st      Trafficking in phencyclidine,
21                              more than 400 grams.
22  893.135
23   (1)(e)1.c.        1st      Trafficking in methaqualone, more
24                              than 25 kilograms.
25  893.135
26   (1)(f)1.c.        1st      Trafficking in amphetamine, more
27                              than 200 grams.
28  896.101(5)(c)      1st      Money laundering, monetary
29                              instruments exceeding $100,000.
30
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  1  896.104(4)(a)3.    1st      Structuring transactions to evade
  2                              reporting or registration
  3                              requirements, monetary
  4                              instruments totaling or exceeding
  5                              $100,000.
  6         Section 25.  Section 943.032, Florida Statutes, is
  7  created to read:
  8         943.032  Financial Crime Analysis Center and Financial
  9  Transaction Database.--
10         (1)  There is created within the Florida Department of
11  Law Enforcement a Financial Crime Analysis Center and a
12  Financial Transaction Database.
13         (2)  The department shall compile information and data
14  available from financial transaction reports required to be
15  submitted by state or federal law that are provided to the
16  Department of Banking and Finance, to the Department of
17  Revenue, or to which the department otherwise has access.
18  Information and data so received shall be utilized by the
19  department in the Financial Transaction Database.  The
20  department shall implement a system utilizing the database
21  that allows data review and processing to reveal patterns,
22  trends and correlations that are indicative of money
23  laundering or other financial transactions indicative of
24  criminal activity.  The department shall, in consultation with
25  the Department of Banking and Finance and the Department of
26  Revenue, establish the methods and parameters by which
27  information and data received by the Department of Banking and
28  Finance or the Department of Revenue are transferred to the
29  department for inclusion in the database.  Information
30  developed in or through the use of the database shall be made
31  available to law enforcement agencies and prosecutors in this
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  1  state in a manner defined by the department and as allowed by
  2  state or federal law or regulation.  All information contained
  3  in the database shall be considered "active criminal
  4  intelligence" or "active criminal investigative information"
  5  as defined in s. 119.011.
  6         (3)  The Financial Crime Analysis Center shall analyze
  7  and develop information relating to money laundering, perform
  8  post-seizure analysis of currency and drug seizures in drug
  9  cases, and access information and data in the Financial
10  Transaction Database for the purposes of assisting the
11  department's drug and money laundering investigation and
12  forfeiture efforts, assisting the efforts of law enforcement
13  agencies and prosecutors in this state in investigating
14  ongoing, organized drug trafficking and money laundering
15  activities occurring within the state, and assisting the
16  department in investigations of other financial transactions
17  indicative of criminal activity.  The center may perform
18  proactive analyses of information and intelligence to assist
19  in identifying those who may be engaging in money laundering,
20  drug-related criminal activity, or other criminal activity
21  involving financial transactions, but who have evaded
22  detection, investigation, or prosecution.
23         Section 26.  (1)  There is appropriated to the Florida
24  Department of Law Enforcement $656,880 from recurring general
25  revenue and $733,639 from nonrecurring general revenue for the
26  establishment of the Financial Crimes Analysis Center and the
27  Financial Transaction Database within the department.
28         (2)  There is appropriated to the Department of Revenue
29  $420,783 from nonrecurring general revenue for the purpose of
30  providing mail notification to all registered sales tax
31  dealers, notification to new dealers at time of registration,
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  1  notification to groups not registered within the department,
  2  and public service announcements of the obligations under s.
  3  896.102 of Florida's businesses to file with the department a
  4  copy of any Form 8300 submitted by a business to the United
  5  States Internal Revenue Service.
  6         Section 27.  For fiscal year 2000-2001, 15 FTE and
  7  $1,600,000 from the State Transportation Trust Fund are
  8  appropriated to the Department of Transportation, Office of
  9  Motor Carrier Compliance, for the purpose of creating a
10  contraband interdiction program within the Office of Motor
11  Carrier Compliance.  The 15 FTE consists of seven certified
12  K-9 handlers, seven felony officers, and one support staff.
13  The teams are created to patrol major highway corridors and
14  commercial weigh stations in order to reduce the flow of
15  illicit drugs and illegal contraband on Florida's highway
16  systems.  The department shall seek additional funding from
17  federal grants and forfeiture proceedings, and may amend its
18  budget in accordance with the provisions of chapter 216,
19  Florida Statutes.
20         Section 28.  This act shall take effect July 1, 2000.
21
22            *****************************************
23                       LEGISLATIVE SUMMARY
24
      Amends various sections of the Florida Statutes providing
25    criminal standards and sanctions for money transmitting
      and money laundering.
26
27
28
29
30
31
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