Senate Bill sb0622

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    Florida Senate - 2004                                   SB 622

    By Senator Fasano





    11-124-04

  1                      A bill to be entitled

  2         An act relating to securities transactions;

  3         amending s. 517.191, F.S.; authorizing the

  4         Attorney General to enforce certain provisions,

  5         initiate certain actions, and bring civil

  6         actions to recover civil penalties, costs, and

  7         attorney's fees; amending s. 517.221, F.S.;

  8         increasing the administrative penalties for

  9         certain violations; amending s. 517.302, F.S.;

10         increasing the criminal penalty for violations

11         of specified sections of ch. 517, F.S.;

12         providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Section 517.191, Florida Statutes, is

17  amended to read:

18         517.191  Injunction to restrain violations; enforcement

19  by the Attorney General.--

20         (1)  When it appears to the office, either upon

21  complaint or otherwise, that a person has engaged or is about

22  to engage in any act or practice constituting a violation of

23  this chapter or a rule or order hereunder, the office may

24  investigate; and whenever it shall believe from evidence

25  satisfactory to it that any such person has engaged, is

26  engaged, or is about to engage in any act or practice

27  constituting a violation of this chapter or a rule or order

28  hereunder, the office may, in addition to any other remedies,

29  bring action in the name and on behalf of the state against

30  such person and any other person concerned in or in any way

31  participating in or about to participate in such practices or

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    Florida Senate - 2004                                   SB 622
    11-124-04




 1  engaging therein or doing any act or acts in furtherance

 2  thereof or in violation of this chapter to enjoin such person

 3  or persons from continuing such fraudulent practices or

 4  engaging therein or doing any act or acts in furtherance

 5  thereof or in violation of this chapter.  In any such court

 6  proceedings, the office may apply for, and on due showing be

 7  entitled to have issued, the court's subpoena requiring

 8  forthwith the appearance of any defendant and her or his

 9  employees, associated persons, or agents and the production of

10  documents, books, and records that may appear necessary for

11  the hearing of such petition, to testify or give evidence

12  concerning the acts or conduct or things complained of in such

13  application for injunction.  In such action, the equity courts

14  shall have jurisdiction of the subject matter, and a judgment

15  may be entered awarding such injunction as may be proper.

16         (2)  In addition to all other means provided by law for

17  the enforcement of any temporary restraining order, temporary

18  injunction, or permanent injunction issued in any such court

19  proceedings, the court shall have the power and jurisdiction,

20  upon application of the office, to impound and to appoint a

21  receiver or administrator for the property, assets, and

22  business of the defendant, including, but not limited to, the

23  books, records, documents, and papers appertaining thereto.

24  Such receiver or administrator, when appointed and qualified,

25  shall have all powers and duties as to custody, collection,

26  administration, winding up, and liquidation of said property

27  and business as shall from time to time be conferred upon her

28  or him by the court. In any such action, the court may issue

29  orders and decrees staying all pending suits and enjoining any

30  further suits affecting the receiver's or administrator's

31  custody or possession of the said property, assets, and

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    Florida Senate - 2004                                   SB 622
    11-124-04




 1  business or, in its discretion, may with the consent of the

 2  presiding judge of the circuit require that all such suits be

 3  assigned to the circuit court judge appointing the said

 4  receiver or administrator.

 5         (3)  In addition to any other remedies provided by this

 6  chapter, the office may apply to the court hearing this matter

 7  for an order of restitution whereby the defendants in such

 8  action shall be ordered to make restitution of those sums

 9  shown by the office to have been obtained by them in violation

10  of any of the provisions of this chapter.  Such restitution

11  shall, at the option of the court, be payable to the

12  administrator or receiver appointed pursuant to this section

13  or directly to the persons whose assets were obtained in

14  violation of this chapter.

15         (4)  In addition to all other means provided by law for

16  the enforcement of any of the provisions of this chapter, when

17  it appears to the Attorney General, either upon complaint or

18  otherwise, that a person has engaged or is engaged in any act

19  or practice constituting a violation of s. 517.275, s.

20  517.301, s. 517.311 or s. 517.312, or any rule or order

21  thereunder, the Attorney General may conduct an investigation

22  in the same manner as provided under ss. 517.201 and 517.2015;

23  and whenever the Attorney General determines from evidence

24  satisfactory to the Attorney General that any such person has

25  engaged or is engaged in any act or practice constituting a

26  violation of s. 517.275, s. 517.301, s. 517.311 or s. 517.312,

27  or any rule or order thereunder, the Attorney General may

28  bring an action against such person, and any other person

29  concerned in or in any way participating in such act or

30  practice or engaging therein or doing any act or acts in

31  furtherance thereof, to obtain injunctive relief and

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    Florida Senate - 2004                                   SB 622
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 1  restitution as provided in subsections (1), (2), and (3) and

 2  to recover from each person a civil penalty of not more than

 3  $10,000 for each such violation, plus the costs of such

 4  action, including reasonable attorney's fees.

 5         Section 2.  Subsection (3) of section 517.221, Florida

 6  Statutes, is amended to read:

 7         517.221  Cease and desist orders.--

 8         (3)  The office may impose and collect an

 9  administrative fine against any person found to have violated

10  any provision of this chapter, any rule or order promulgated

11  by the commission or office, or any written agreement entered

12  into with the office in an amount not to exceed $10,000 $5,000

13  for each such violation. All fines collected under this

14  subsection hereunder shall be deposited as received in the

15  Anti-Fraud Trust Fund.

16         Section 3.  Subsection (1) of section 517.302, Florida

17  Statutes, is amended to read:

18         517.302  Criminal penalties; alternative fine;

19  Anti-Fraud Trust Fund; time limitation for criminal

20  prosecution.--

21         (1)(a)  Except as provided in paragraph (b), whoever

22  violates any of the provisions of this chapter commits is

23  guilty of a felony of the third degree, punishable as provided

24  in s. 775.082, s. 775.083, or s. 775.084.

25         (b)  Whoever violates any of the provisions of s.

26  517.275, s. 517.301, or s. 517.311 commits a felony of the

27  second degree, punishable as provided in s. 775.082, s.

28  775.083, or s. 775.084.

29         Section 4.  This act shall take effect July 1, 2004.

30  

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    Florida Senate - 2004                                   SB 622
    11-124-04




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 2                          SENATE SUMMARY

 3    Authorizes the Attorney General to enforce certain
      provisions, initiate certain actions, and bring civil
 4    actions to recover civil penalties, costs, and attorneys'
      fees relating to securities transactions. Increases from
 5    $5,000 to $10,000 the administrative penalties for
      certain violations of securities law.
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