HB 1505

1
A bill to be entitled
2An act relating to enforcement of prohibited financial
3acts and practices; amending s. 517.191, F.S.; authorizing
4the Attorney General to conduct certain investigations and
5bring certain enforcement actions to enjoin and seek
6restitution for certain acts and practices constituting
7violations of certain provisions of law; providing for a
8civil penalty; providing for recovery of costs and
9attorney's fees; amending s. 16.56, F.S.; bringing
10violations of certain additional provisions of law under
11the investigation and prosecution authority of the Office
12of Statewide Prosecutor; amending s. 905.34, F.S.;
13bringing violations of certain additional provisions of
14law under the subject matter jurisdiction of a statewide
15grand jury; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 517.191, Florida Statutes, is amended
20to read:
21     517.191  Injunction to restrain violations; enforcement.--
22     (1)  When it appears to the office, either upon complaint
23or otherwise, that a person has engaged or is about to engage in
24any act or practice constituting a violation of this chapter or
25a rule or order hereunder, the office may investigate; and
26whenever it shall believe from evidence satisfactory to it that
27any such person has engaged, is engaged, or is about to engage
28in any act or practice constituting a violation of this chapter
29or a rule or order hereunder, the office may, in addition to any
30other remedies, bring action in the name and on behalf of the
31state against such person and any other person concerned in or
32in any way participating in or about to participate in such
33practices or engaging therein or doing any act or acts in
34furtherance thereof or in violation of this chapter to enjoin
35such person or persons from continuing such fraudulent practices
36or engaging therein or doing any act or acts in furtherance
37thereof or in violation of this chapter. In any such court
38proceedings, the office may apply for, and on due showing be
39entitled to have issued, the court's subpoena requiring
40forthwith the appearance of any defendant and her or his
41employees, associated persons, or agents and the production of
42documents, books, and records that may appear necessary for the
43hearing of such petition, to testify or give evidence concerning
44the acts or conduct or things complained of in such application
45for injunction. In such action, the equity courts shall have
46jurisdiction of the subject matter, and a judgment may be
47entered awarding such injunction as may be proper.
48     (2)  In addition to all other means provided by law for the
49enforcement of any temporary restraining order, temporary
50injunction, or permanent injunction issued in any such court
51proceedings, the court shall have the power and jurisdiction,
52upon application of the office, to impound and to appoint a
53receiver or administrator for the property, assets, and business
54of the defendant, including, but not limited to, the books,
55records, documents, and papers appertaining thereto. Such
56receiver or administrator, when appointed and qualified, shall
57have all powers and duties as to custody, collection,
58administration, winding up, and liquidation of said property and
59business as shall from time to time be conferred upon her or him
60by the court. In any such action, the court may issue orders and
61decrees staying all pending suits and enjoining any further
62suits affecting the receiver's or administrator's custody or
63possession of the said property, assets, and business or, in its
64discretion, may with the consent of the presiding judge of the
65circuit require that all such suits be assigned to the circuit
66court judge appointing the said receiver or administrator.
67     (3)  In addition to any other remedies provided by this
68chapter, the office may apply to the court hearing this matter
69for an order of restitution whereby the defendants in such
70action shall be ordered to make restitution of those sums shown
71by the office to have been obtained by them in violation of any
72of the provisions of this chapter. Such restitution shall, at
73the option of the court, be payable to the administrator or
74receiver appointed pursuant to this section or directly to the
75persons whose assets were obtained in violation of this chapter.
76     (4)  In addition to all other means provided by law for the
77enforcement of any of the provisions of this chapter, when it
78appears to the Attorney General, upon complaint or otherwise,
79that a person has engaged or is engaged in any act or practice
80constituting a violation of s. 517.275, s. 517.301, s. 517.311,
81or s. 517.312, or any rule or order adopted under such sections,
82the Attorney General may conduct an investigation as provided in
83ss. 517.201 and 517.2015. If the Attorney General determines
84from evidence satisfactory to the Attorney General that such
85person has engaged or is engaged in any act or practice
86constituting a violation of s. 517.275, s. 517.301, s. 517.311,
87or s. 517.312, or any rule or order adopted under such sections,
88the Attorney General may bring an action against such person,
89and any other person concerned with or in any way participating
90or engaging in such act or practice or engaging in any activity
91in furtherance of such act or practice, to obtain injunctive
92relief and restitution as provided in this section and to
93recover from each person a civil penalty of not more than
94$10,000 for each such violation, plus the cost of such action,
95including reasonable attorney?s fees.
96     Section 2.  Paragraph (a) of subsection (1) of section
9716.56, 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
100Office of Statewide Prosecution. The office shall be a separate
101"budget entity" as that term is defined in chapter 216. The
102office may:
103     (a)  Investigate and prosecute the offenses of:
104     1.  Bribery, burglary, criminal usury, extortion, gambling,
105kidnapping, larceny, murder, prostitution, perjury, robbery,
106carjacking, 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
110any offense listed in the definition of racketeering activity in
111s. 895.02(1)(a), providing such listed offense is investigated
112in connection with a violation of s. 895.03 and is charged in a
113separate count of an information or indictment containing a
114count charging a violation of s. 895.03, the prosecution of
115which listed offense may continue independently if the
116prosecution of the violation of s. 895.03 is terminated for any
117reason;
118     4.  Any violation of the provisions of the Florida Anti-
119Fencing Act;
120     5.  Any violation of the provisions of the Florida
121Antitrust Act of 1980, as amended;
122     6.  Any crime involving, or resulting in, fraud or deceit
123upon any person;
124     7.  Any violation of s. 847.0135, relating to computer
125pornography and child exploitation prevention, or any offense
126related 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
132or any attempt, solicitation, or conspiracy to commit any of the
133crimes specifically enumerated above. The office shall have such
134power only when any such offense is occurring, or has occurred,
135in two or more judicial circuits as part of a related
136transaction, or when any such offense is connected with an
137organized criminal conspiracy affecting two or more judicial
138circuits.
139     Section 3.  Section 905.34, Florida Statutes, is amended to
140read:
141     905.34  Powers and duties; law applicable.--The
142jurisdiction of a statewide grand jury impaneled under this
143chapter shall extend throughout the state. The subject matter
144jurisdiction of the statewide grand jury shall be limited to the
145offenses of:
146     (1)  Bribery, burglary, carjacking, home-invasion robbery,
147criminal usury, extortion, gambling, kidnapping, larceny,
148murder, 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
152any offense listed in the definition of racketeering activity in
153s. 895.02(1)(a), providing such listed offense is investigated
154in connection with a violation of s. 895.03 and is charged in a
155separate count of an information or indictment containing a
156count charging a violation of s. 895.03, the prosecution of
157which listed offense may continue independently if the
158prosecution of the violation of s. 895.03 is terminated for any
159reason;
160     (4)  Any violation of the provisions of the Florida Anti-
161Fencing Act;
162     (5)  Any violation of the provisions of the Florida
163Antitrust 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
166upon any person;
167     (8)  Any violation of s. 847.0135, s. 847.0137, or s.
168847.0138 relating to computer pornography and child exploitation
169prevention, or any offense related to a violation of s.
170847.0135, 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
175or any attempt, solicitation, or conspiracy to commit any
176violation of the crimes specifically enumerated above, when any
177such offense is occurring, or has occurred, in two or more
178judicial circuits as part of a related transaction or when any
179such offense is connected with an organized criminal conspiracy
180affecting two or more judicial circuits. The statewide grand
181jury may return indictments and presentments irrespective of the
182county or judicial circuit where the offense is committed or
183triable. If an indictment is returned, it shall be certified and
184transferred for trial to the county where the offense was
185committed. The powers and duties of, and law applicable to,
186county grand juries shall apply to a statewide grand jury except
187when such powers, duties, and law are inconsistent with the
188provisions of ss. 905.31-905.40.
189     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.