| 1 | A bill to be entitled |
| 2 | An act relating to enforcement of prohibited financial |
| 3 | acts and practices; amending s. 517.191, F.S.; authorizing |
| 4 | the Attorney General to conduct certain investigations and |
| 5 | bring certain enforcement actions to enjoin and seek |
| 6 | restitution for certain acts and practices constituting |
| 7 | violations of certain provisions of law; providing for a |
| 8 | civil penalty; providing for recovery of costs and |
| 9 | attorney's fees; amending s. 16.56, F.S.; bringing |
| 10 | violations of certain additional provisions of law under |
| 11 | the investigation and prosecution authority of the Office |
| 12 | of Statewide Prosecutor; amending s. 905.34, F.S.; |
| 13 | bringing violations of certain additional provisions of |
| 14 | law under the subject matter jurisdiction of a statewide |
| 15 | grand jury; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Section 517.191, Florida Statutes, is amended |
| 20 | to read: |
| 21 | 517.191 Injunction to restrain violations; enforcement.-- |
| 22 | (1) When it appears to the office, either upon complaint |
| 23 | or otherwise, that a person has engaged or is about to engage in |
| 24 | any act or practice constituting a violation of this chapter or |
| 25 | a rule or order hereunder, the office may investigate; and |
| 26 | whenever it shall believe from evidence satisfactory to it that |
| 27 | any such person has engaged, is engaged, or is about to engage |
| 28 | in any act or practice constituting a violation of this chapter |
| 29 | or a rule or order hereunder, the office may, in addition to any |
| 30 | other remedies, bring action in the name and on behalf of the |
| 31 | state against such person and any other person concerned in or |
| 32 | in any way participating in or about to participate in such |
| 33 | practices or engaging therein or doing any act or acts in |
| 34 | furtherance thereof or in violation of this chapter to enjoin |
| 35 | such person or persons from continuing such fraudulent practices |
| 36 | or engaging therein or doing any act or acts in furtherance |
| 37 | thereof or in violation of this chapter. In any such court |
| 38 | proceedings, the office may apply for, and on due showing be |
| 39 | entitled to have issued, the court's subpoena requiring |
| 40 | forthwith the appearance of any defendant and her or his |
| 41 | employees, associated persons, or agents and the production of |
| 42 | documents, books, and records that may appear necessary for the |
| 43 | hearing of such petition, to testify or give evidence concerning |
| 44 | the acts or conduct or things complained of in such application |
| 45 | for injunction. In such action, the equity courts shall have |
| 46 | jurisdiction of the subject matter, and a judgment may be |
| 47 | entered awarding such injunction as may be proper. |
| 48 | (2) In addition to all other means provided by law for the |
| 49 | enforcement of any temporary restraining order, temporary |
| 50 | injunction, or permanent injunction issued in any such court |
| 51 | proceedings, the court shall have the power and jurisdiction, |
| 52 | upon application of the office, to impound and to appoint a |
| 53 | receiver or administrator for the property, assets, and business |
| 54 | of the defendant, including, but not limited to, the books, |
| 55 | records, documents, and papers appertaining thereto. Such |
| 56 | receiver or administrator, when appointed and qualified, shall |
| 57 | have all powers and duties as to custody, collection, |
| 58 | administration, winding up, and liquidation of said property and |
| 59 | business as shall from time to time be conferred upon her or him |
| 60 | by the court. In any such action, the court may issue orders and |
| 61 | decrees staying all pending suits and enjoining any further |
| 62 | suits affecting the receiver's or administrator's custody or |
| 63 | possession of the said property, assets, and business or, in its |
| 64 | discretion, may with the consent of the presiding judge of the |
| 65 | circuit require that all such suits be assigned to the circuit |
| 66 | court judge appointing the said receiver or administrator. |
| 67 | (3) In addition to any other remedies provided by this |
| 68 | chapter, the office may apply to the court hearing this matter |
| 69 | for an order of restitution whereby the defendants in such |
| 70 | action shall be ordered to make restitution of those sums shown |
| 71 | by the office to have been obtained by them in violation of any |
| 72 | of the provisions of this chapter. Such restitution shall, at |
| 73 | the option of the court, be payable to the administrator or |
| 74 | receiver appointed pursuant to this section or directly to the |
| 75 | persons whose assets were obtained in violation of this chapter. |
| 76 | (4) In addition to all other means provided by law for the |
| 77 | enforcement of any of the provisions of this chapter, when it |
| 78 | appears to the Attorney General, upon complaint or otherwise, |
| 79 | that a person has engaged or is engaged in any act or practice |
| 80 | constituting a violation of s. 517.275, s. 517.301, s. 517.311, |
| 81 | or s. 517.312, or any rule or order adopted under such sections, |
| 82 | the Attorney General may conduct an investigation as provided in |
| 83 | ss. 517.201 and 517.2015. If the Attorney General determines |
| 84 | from evidence satisfactory to the Attorney General that such |
| 85 | person has engaged or is engaged in any act or practice |
| 86 | constituting a violation of s. 517.275, s. 517.301, s. 517.311, |
| 87 | or s. 517.312, or any rule or order adopted under such sections, |
| 88 | the Attorney General may bring an action against such person, |
| 89 | and any other person concerned with or in any way participating |
| 90 | or engaging in such act or practice or engaging in any activity |
| 91 | in furtherance of such act or practice, to obtain injunctive |
| 92 | relief and restitution as provided in this section and to |
| 93 | recover from each person a civil penalty of not more than |
| 94 | $10,000 for each such violation, plus the cost of such action, |
| 95 | including reasonable attorney?s fees. |
| 96 | Section 2. Paragraph (a) of subsection (1) of section |
| 97 | 16.56, Florida Statutes, is amended to read: |
| 98 | 16.56 Office of Statewide Prosecution.-- |
| 99 | (1) There is created in the Department of Legal Affairs an |
| 100 | Office of Statewide Prosecution. The office shall be a separate |
| 101 | "budget entity" as that term is defined in chapter 216. The |
| 102 | office may: |
| 103 | (a) Investigate and prosecute the offenses of: |
| 104 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
| 105 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
| 106 | carjacking, and home-invasion robbery; |
| 107 | 2. Any crime involving narcotic or other dangerous drugs; |
| 108 | 3. Any violation of the provisions of the Florida RICO |
| 109 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 110 | any offense listed in the definition of racketeering activity in |
| 111 | s. 895.02(1)(a), providing such listed offense is investigated |
| 112 | in connection with a violation of s. 895.03 and is charged in a |
| 113 | separate count of an information or indictment containing a |
| 114 | count charging a violation of s. 895.03, the prosecution of |
| 115 | which listed offense may continue independently if the |
| 116 | prosecution of the violation of s. 895.03 is terminated for any |
| 117 | reason; |
| 118 | 4. Any violation of the provisions of the Florida Anti- |
| 119 | Fencing Act; |
| 120 | 5. Any violation of the provisions of the Florida |
| 121 | Antitrust Act of 1980, as amended; |
| 122 | 6. Any crime involving, or resulting in, fraud or deceit |
| 123 | upon any person; |
| 124 | 7. Any violation of s. 847.0135, relating to computer |
| 125 | pornography and child exploitation prevention, or any offense |
| 126 | related to a violation of s. 847.0135; |
| 127 | 8. Any violation of the provisions of chapter 815; or |
| 128 | 9. Any criminal violation of part I of chapter 499; |
| 129 | 10. Any violation of the provisions of chapter 517; or |
| 130 | 11. Any violation of the provisions of chapter 896; |
| 131 |
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| 132 | or any attempt, solicitation, or conspiracy to commit any of the |
| 133 | crimes specifically enumerated above. The office shall have such |
| 134 | power only when any such offense is occurring, or has occurred, |
| 135 | in two or more judicial circuits as part of a related |
| 136 | transaction, or when any such offense is connected with an |
| 137 | organized criminal conspiracy affecting two or more judicial |
| 138 | circuits. |
| 139 | Section 3. Section 905.34, Florida Statutes, is amended to |
| 140 | read: |
| 141 | 905.34 Powers and duties; law applicable.--The |
| 142 | jurisdiction of a statewide grand jury impaneled under this |
| 143 | chapter shall extend throughout the state. The subject matter |
| 144 | jurisdiction of the statewide grand jury shall be limited to the |
| 145 | offenses of: |
| 146 | (1) Bribery, burglary, carjacking, home-invasion robbery, |
| 147 | criminal usury, extortion, gambling, kidnapping, larceny, |
| 148 | murder, prostitution, perjury, and robbery; |
| 149 | (2) Crimes involving narcotic or other dangerous drugs; |
| 150 | (3) Any violation of the provisions of the Florida RICO |
| 151 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 152 | any offense listed in the definition of racketeering activity in |
| 153 | s. 895.02(1)(a), providing such listed offense is investigated |
| 154 | in connection with a violation of s. 895.03 and is charged in a |
| 155 | separate count of an information or indictment containing a |
| 156 | count charging a violation of s. 895.03, the prosecution of |
| 157 | which listed offense may continue independently if the |
| 158 | prosecution of the violation of s. 895.03 is terminated for any |
| 159 | reason; |
| 160 | (4) Any violation of the provisions of the Florida Anti- |
| 161 | Fencing Act; |
| 162 | (5) Any violation of the provisions of the Florida |
| 163 | Antitrust Act of 1980, as amended; |
| 164 | (6) Any violation of the provisions of chapter 815; |
| 165 | (7) Any crime involving, or resulting in, fraud or deceit |
| 166 | upon any person; |
| 167 | (8) Any violation of s. 847.0135, s. 847.0137, or s. |
| 168 | 847.0138 relating to computer pornography and child exploitation |
| 169 | prevention, or any offense related to a violation of s. |
| 170 | 847.0135, s. 847.0137, or s. 847.0138; or |
| 171 | (9) Any criminal violation of part I of chapter 499; |
| 172 | (10) Any violation of the provisions of chapter 517; or |
| 173 | (11) Any violation of the provisions of chapter 896; |
| 174 |
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| 175 | or any attempt, solicitation, or conspiracy to commit any |
| 176 | violation of the crimes specifically enumerated above, when any |
| 177 | such offense is occurring, or has occurred, in two or more |
| 178 | judicial circuits as part of a related transaction or when any |
| 179 | such offense is connected with an organized criminal conspiracy |
| 180 | affecting two or more judicial circuits. The statewide grand |
| 181 | jury may return indictments and presentments irrespective of the |
| 182 | county or judicial circuit where the offense is committed or |
| 183 | triable. If an indictment is returned, it shall be certified and |
| 184 | transferred for trial to the county where the offense was |
| 185 | committed. The powers and duties of, and law applicable to, |
| 186 | county grand juries shall apply to a statewide grand jury except |
| 187 | when such powers, duties, and law are inconsistent with the |
| 188 | provisions of ss. 905.31-905.40. |
| 189 | Section 4. This act shall take effect upon becoming a law. |