October 01, 2020
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Senate Bill 2224

Senate Bill sb2224

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2224

    By Senator Villalobos





    38-1166-04

  1                      A bill to be entitled

  2         An act relating to securities and financial

  3         transactions; amending s. 16.56, F.S.;

  4         expanding the jurisdiction of the Office of

  5         Statewide Prosecution to authorize the office

  6         to investigate and prosecute offenses related

  7         to securities transactions under ch. 517, F.S.,

  8         and offenses related to financial transactions

  9         under ch. 896, F.S.; amending s. 517.191, F.S.;

10         authorizing the Attorney General to investigate

11         and prosecute certain offenses specified in ch.

12         517, F.S., relating to securities transactions;

13         providing for injunctive relief and

14         restitution; providing a civil penalty;

15         providing for attorney's fees and costs;

16         amending s. 905.34, F.S.; extending the subject

17         matter jurisdiction of a statewide grand jury

18         to include offenses related to securities

19         transactions under ch. 517, F.S., and offenses

20         related to financial transactions under ch.

21         896, F.S.; providing an effective date.

22  

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

24  

25         Section 1.  Paragraph (a) of subsection (1) of section

26  16.56, Florida Statutes, is amended to read:

27         16.56  Office of Statewide Prosecution.--

28         (1)  There is created in the Department of Legal

29  Affairs an Office of Statewide Prosecution.  The office shall

30  be a separate "budget entity" as that term is defined in

31  chapter 216.  The office may:

                                  1

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    Florida Senate - 2004                                  SB 2224
    38-1166-04




 1         (a)  Investigate and prosecute the offenses of:

 2         1.  Bribery, burglary, criminal usury, extortion,

 3  gambling, kidnapping, larceny, murder, prostitution, perjury,

 4  robbery, carjacking, and home-invasion robbery;

 5         2.  Any crime involving narcotic or other dangerous

 6  drugs;

 7         3.  Any violation of the provisions of the Florida RICO

 8  (Racketeer Influenced and Corrupt Organization) Act, including

 9  any offense listed in the definition of racketeering activity

10  in s. 895.02(1)(a), providing such listed offense is

11  investigated in connection with a violation of s. 895.03 and

12  is charged in a separate count of an information or indictment

13  containing a count charging a violation of s. 895.03, the

14  prosecution of which listed offense may continue independently

15  if the prosecution of the violation of s. 895.03 is terminated

16  for any reason;

17         4.  Any violation of the provisions of the Florida

18  Anti-Fencing Act;

19         5.  Any violation of the provisions of the Florida

20  Antitrust Act of 1980, as amended;

21         6.  Any crime involving, or resulting in, fraud or

22  deceit upon any person;

23         7.  Any violation of s. 847.0135, relating to computer

24  pornography and child exploitation prevention, or any offense

25  related to a violation of s. 847.0135;

26         8.  Any violation of the provisions of chapter 815; or

27         9.  Any criminal violation of part I of chapter 499;

28         10.  Any violation of the provisions of chapter 517; or

29         11.  Any violation of the provisions of chapter 896,

30  

31  

                                  2

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    Florida Senate - 2004                                  SB 2224
    38-1166-04




 1  or any attempt, solicitation, or conspiracy to commit any of

 2  the crimes specifically enumerated above.  The office shall

 3  have such power only when any such offense is occurring, or

 4  has occurred, in two or more judicial circuits as part of a

 5  related transaction, or when any such offense is connected

 6  with an organized criminal conspiracy affecting two or more

 7  judicial circuits.

 8         Section 2.  Section 517.191, Florida Statutes, is

 9  amended to read:

10         517.191  Injunction to restrain violations; Attorney

11  General enforcement.--

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

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

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

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

16  investigate; and whenever it shall believe from evidence

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

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

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

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

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

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

23  participating in or about to participate in such practices or

24  engaging therein or doing any act or acts in furtherance

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

26  or persons from continuing such fraudulent practices or

27  engaging therein or doing any act or acts in furtherance

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

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

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

31  forthwith the appearance of any defendant and her or his

                                  3

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    Florida Senate - 2004                                  SB 2224
    38-1166-04




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

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

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

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

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

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

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

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

 9  the enforcement of any temporary restraining order, temporary

10  injunction, or permanent injunction issued in any such court

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

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

13  receiver or administrator for the property, assets, and

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

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

16  Such receiver or administrator, when appointed and qualified,

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

18  administration, winding up, and liquidation of said property

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

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

21  orders and decrees staying all pending suits and enjoining any

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

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

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

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

26  assigned to the circuit court judge appointing the said

27  receiver or administrator.

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

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

30  for an order of restitution whereby the defendants in such

31  action shall be ordered to make restitution of those sums

                                  4

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    Florida Senate - 2004                                  SB 2224
    38-1166-04




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

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

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

 4  administrator or receiver appointed pursuant to this section

 5  or directly to the persons whose assets were obtained in

 6  violation of this chapter.

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

 8  enforcing any of the provisions of this chapter, when it

 9  appears to the Attorney General upon complaint or otherwise

10  that a person has engaged or is engaged in any act or practice

11  constituting a violation of s. 517.275, s. 517.301, s.

12  517.311, or s. 517.312, or any rule or order issued

13  thereunder, the Attorney General may conduct an investigation

14  in the same manner as provided in ss. 517.201 and 517.2015.

15  Whenever the Attorney General believes from evidence

16  satisfactory to the Attorney General that any such person has

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

18  violation of s. 517.275, s. 517.301, s. 517.311, or s.

19  517.312, or any rule or order issued thereunder, the Attorney

20  General may bring an action against such person, and any other

21  person concerned in or in any way participating in such act or

22  practice or engaging therein or doing any act in furtherance

23  thereof, to obtain injunctive relief and restitution as

24  provided in subsections (1), (2), and (3) and to recover from

25  each person a civil penalty of not more than $10,000 for each

26  violation, plus the cost of such action, including attorney's

27  fees.

28         Section 3.  Section 905.34, Florida Statutes, is

29  amended to read:

30         905.34  Powers and duties; law applicable.--The

31  jurisdiction of a statewide grand jury impaneled under this

                                  5

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    Florida Senate - 2004                                  SB 2224
    38-1166-04




 1  chapter shall extend throughout the state. The subject matter

 2  jurisdiction of the statewide grand jury shall be limited to

 3  the offenses of:

 4         (1)  Bribery, burglary, carjacking, home-invasion

 5  robbery, criminal usury, extortion, gambling, kidnapping,

 6  larceny, murder, prostitution, perjury, and robbery;

 7         (2)  Crimes involving narcotic or other dangerous

 8  drugs;

 9         (3)  Any violation of the provisions of the Florida

10  RICO (Racketeer Influenced and Corrupt Organization) Act,

11  including any offense listed in the definition of racketeering

12  activity in s. 895.02(1)(a), providing such listed offense is

13  investigated in connection with a violation of s. 895.03 and

14  is charged in a separate count of an information or indictment

15  containing a count charging a violation of s. 895.03, the

16  prosecution of which listed offense may continue independently

17  if the prosecution of the violation of s. 895.03 is terminated

18  for any reason;

19         (4)  Any violation of the provisions of the Florida

20  Anti-Fencing Act;

21         (5)  Any violation of the provisions of the Florida

22  Antitrust Act of 1980, as amended;

23         (6)  Any violation of the provisions of chapter 815;

24         (7)  Any crime involving, or resulting in, fraud or

25  deceit upon any person;

26         (8)  Any violation of s. 847.0135, s. 847.0137, or s.

27  847.0138 relating to computer pornography and child

28  exploitation prevention, or any offense related to a violation

29  of s. 847.0135, s. 847.0137, or s. 847.0138; or

30         (9)  Any criminal violation of part I of chapter 499;

31  

                                  6

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    Florida Senate - 2004                                  SB 2224
    38-1166-04




 1         (10)  Any violation of the provisions of chapter 517;

 2  or

 3         (11)  Any violation of the provisions of chapter 896,

 4  

 5  or any attempt, solicitation, or conspiracy to commit any

 6  violation of the crimes specifically enumerated above, when

 7  any such offense is occurring, or has occurred, in two or more

 8  judicial circuits as part of a related transaction or when any

 9  such offense is connected with an organized criminal

10  conspiracy affecting two or more judicial circuits.  The

11  statewide grand jury may return indictments and presentments

12  irrespective of the county or judicial circuit where the

13  offense is committed or triable.  If an indictment is

14  returned, it shall be certified and transferred for trial to

15  the county where the offense was committed.  The powers and

16  duties of, and law applicable to, county grand juries shall

17  apply to a statewide grand jury except when such powers,

18  duties, and law are inconsistent with the provisions of ss.

19  905.31-905.40.

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

21  

22            *****************************************

23                          SENATE SUMMARY

24    Expands the offenses related to securities transactions
      under ch. 517, F.S., and financial transactions under ch.
25    896, F.S., which the Office of the Statewide Prosecution
      may investigate and prosecute. Provides that the Attorney
26    General may investigate and prosecute certain offenses
      specified in ch. 517, F.S., relating securities
27    transactions. Provides for injunctive relief and
      restitution. Provides a civil penalty. Extends the
28    subject matter jurisdiction of a statewide grand jury to
      include offenses related to securities transactions under
29    ch. 517, F.S., and financial transactions under ch. 896,
      F.S.
30  

31  

                                  7

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