SB 2318                                          First Engrossed
       
       
       
       
       
       
       
       
       20102318e1
       
    1                        A bill to be entitled                      
    2         An act relating to money laundering; amending s.
    3         895.02, F.S.; defining the term “prosecuting
    4         authority” for purposes of the Florida RICO Act;
    5         creating s. 895.025, F.S.; providing that the act be
    6         liberally construed to achieve the remedial purposes
    7         of curtailing racketeering activities and lessening
    8         the economic power of criminal organizations engaged
    9         in patterns of racketeering activities in this state;
   10         creating s. 895.041, F.S.; providing that in addition
   11         to any criminal penalties imposed on a person due to a
   12         pattern of racketeering activities, the person shall
   13         forfeit to the state any interest in property that he
   14         or she has acquired in violation of the racketeering
   15         laws, including property of an enterprise that the
   16         person has established, operated, or controlled, and
   17         property derived from proceeds that the person
   18         obtained, directly or indirectly, from racketeering
   19         activities or unlawful debt collection practices;
   20         providing that property subject to forfeiture vests in
   21         the state when the person commits the act that
   22         violates the racketeering laws; authorizing a court to
   23         issue a temporary injunction, require the execution of
   24         a satisfactory performance bond, or to take any other
   25         action to preserve the availability and quality of the
   26         property that is subject to forfeiture; providing that
   27         the state may apply for a temporary restraining order,
   28         without notice or opportunity for a hearing by the
   29         defendant, under certain circumstances; requiring the
   30         temporary restraining order to expire within a
   31         specified period, unless extended for good cause
   32         shown; requiring the court, upon the conviction of the
   33         defendant, to enter an order forfeiting the property
   34         to the state and authorizing the prosecuting authority
   35         to seize all forfeited property upon such terms and
   36         conditions as the court deems proper; requiring the
   37         prosecuting authority to dispose of the forfeited
   38         property by sale or any other commercially feasible
   39         means, making due provision for the rights of any
   40         innocent persons; authorizing the prosecuting
   41         authority to dispose of forfeited property by
   42         specified means; authorizing the Attorney General to
   43         adopt rules; prohibiting a party claiming an interest
   44         in property that is subject to forfeiture from
   45         intervening in a trial or appeal of a criminal case
   46         involving the forfeited property or commencing an
   47         action at law or equity against the state concerning
   48         the validity of his or her claimed interest in the
   49         forfeited property; providing an exception; requiring
   50         the state to publish notice of the forfeiture order
   51         and of its intent to dispose of the forfeited
   52         property; providing that the state may also, to the
   53         extent practicable, provide direct written notice to
   54         any person who is known to claim an interest in the
   55         forfeited property; providing that any person, other
   56         than the defendant, who asserts a claim to the
   57         forfeited property may petition the court for a
   58         hearing to adjudicate the validity of his or her claim
   59         to the forfeited property; providing that the hearing
   60         be conducted without a jury; permitting the petitioner
   61         to testify and present evidence and witnesses on his
   62         or her own behalf and cross-examine witnesses who
   63         appear at the hearing; requiring the petitioner to
   64         prove by a preponderance of the evidence that he or
   65         she has a legal claim or interest in the forfeited
   66         property superior to the state or any other person or
   67         that the petitioner is a bona fide purchaser; amending
   68         s. 896.101, F.S.; defining the term “proceeds” for
   69         purposes of the Florida Money Laundering Act;
   70         providing that a person who, without permission,
   71         notifies another person of certain specified
   72         forfeiture information is subject to a fine for each
   73         unauthorized disclosure; amending s. 560.103, F.S.;
   74         revising definitions relating to money services
   75         businesses; amending s. 560.123, F.S.; revising
   76         criminal penalties under the Florid Control of Money
   77         Laundering in Money Services Business Act; amending s.
   78         560.125, F.S., relating to penalties for unlicensed
   79         activities; conforming provisions to changes made by
   80         the act; amending s. 560.204, F.S.; prohibiting a
   81         natural person from being licensed as a sole
   82         proprietorship or engaging in certain activities;
   83         amending s. 665.50, F.S.; defining the term “proceeds”
   84         for purposes of the Florida Control of Money
   85         Laundering in Financial Institutions Act; conforming
   86         provisions to changes made by the act; amending s.
   87         923.03, F.S.; providing that a judgment of forfeiture
   88         may not be entered in a criminal proceeding unless the
   89         indictment or the information provides notice that the
   90         defendant has an interest in property that is subject
   91         to forfeiture in accordance with the applicable
   92         statute; amending s. 921.0022, F.S., relating to the
   93         offense severity ranking chart of the Criminal
   94         Punishment Code; conforming provisions to changes made
   95         by the act; providing an effective date.
   96  
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. Subsection (13) is added to section 895.02,
  100  Florida Statutes, to read:
  101         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  102         (13)“Prosecuting authority” means the Attorney General,
  103  any state attorney, or the statewide prosecutor.
  104         Section 2. Section 895.025, Florida Statutes, is created to
  105  read:
  106         895.025Construction of law.—The provisions of this chapter
  107  shall be liberally construed to achieve the remedial purposes of
  108  curtailing racketeering activities and crimes involving
  109  controlled substance and lessening the economic power of
  110  criminal organizations engaged in patterns of racketeering
  111  activities in this state.
  112         Section 3. Section 895.041, Florida Statutes, is created to
  113  read:
  114         895.041Criminal forfeiture.—
  115         (1)In addition to any criminal penalties imposed, a person
  116  convicted of engaging in a pattern of racketeering activity or
  117  collecting an unlawful debt shall forfeit to the state,
  118  irrespective of any other provision of law, any:
  119         (a)Interest acquired or maintained in property in
  120  violation of s. 895.03;
  121         (b)Interest in, security of, claim against, or property or
  122  contractual right of any kind affording a source of influence
  123  over an enterprise that the person has established, operated,
  124  controlled, or conducted, or in which the person participated,
  125  all in violation of s. 895.03; or
  126         (c)Property derived from any proceeds obtained, directly
  127  or indirectly, from a pattern of racketeering activity or
  128  through collecting an unlawful debt in violation of s. 895.03.
  129  
  130  When imposing sentence, the court shall order that the person
  131  forfeit all property described in this section. In lieu of a
  132  fine otherwise authorized by this chapter, a person who derives
  133  proceeds from a violation of this chapter may be fined not more
  134  than three times the amount of the gross profits or other
  135  proceeds received by the person.
  136         (2)Property subject to forfeiture under this section
  137  includes:
  138         (a)Real property, including things growing on, affixed to,
  139  and found in the land; and
  140         (b)Tangible and intangible personal property, including
  141  rights, privileges, interests, claims, and securities.
  142         (3)All right, title, and interest in property described in
  143  subsection (1) vests in the state at the time the person commits
  144  the act that violates s. 895.03. Any property vested in the
  145  state which is subsequently transferred to a person other than
  146  the defendant may be ordered forfeited to the state. However, if
  147  at the time of purchase the person was reasonably without cause
  148  to believe that the property was subject to forfeiture and if
  149  the person purchased the property for value, he or she is a bona
  150  fide purchaser and the property is not subject to forfeiture.
  151         (4)The court may order an injunction, require the
  152  execution of a satisfactory performance bond, or take any other
  153  action to preserve the availability and quality of the property
  154  that is subject to forfeiture under this section.
  155         (a)Upon the filing of an indictment or information
  156  charging a violation of s. 895.03, or before the filing of an
  157  indictment or information, the court may enter a temporary
  158  injunction ordering that the property be protected and
  159  sequestered if, after notice to persons appearing to have an
  160  interest in the property and an opportunity for a hearing, the
  161  prosecuting authority demonstrates that:
  162         1.There is a substantial probability that the state will
  163  prevail on the matter of forfeiture and that a failure to enter
  164  a temporary injunction against the defendant will result in the
  165  property being degraded or destroyed, removed from the
  166  jurisdiction of the court, or otherwise made unavailable for
  167  forfeiture; and
  168         2.The need to preserve the quality and availability of the
  169  property through the entry of a court order outweighs the
  170  hardship on any party against whom the order is to be entered.
  171  
  172  An order entered under this paragraph expires no later than 90
  173  days after the injunction is issued, unless extended by the
  174  court for good cause shown or unless an indictment or
  175  information is filed.
  176         (b)If, before an information or indictment has been filed,
  177  the prosecuting authority demonstrates that there is probable
  178  cause to believe that the property with respect to which the
  179  temporary restraining order is sought would, in the event of
  180  conviction, be subject to forfeiture and that providing notice
  181  to the defendants before forfeiture of the property will
  182  jeopardize the quality and availability of the property for
  183  forfeiture, a court may issue a temporary restraining order
  184  without notice or opportunity for a hearing. The temporary
  185  restraining order expires no later than 10 days after the date
  186  the temporary restraining order is issued unless extended for
  187  good cause shown or unless the party against whom the temporary
  188  restraining order is entered consents to an extension for a
  189  longer period. If a hearing is requested concerning a temporary
  190  restraining order entered under this paragraph, it shall be held
  191  before the expiration of the temporary restraining order.
  192  
  193  At a hearing held pursuant to this paragraph, the court may
  194  receive and consider evidence and information that would be
  195  inadmissible under the Florida Rules of Evidence.
  196         (5)Upon the conviction of a person under s. 895.03, the
  197  court shall:
  198         (a)1.Enter an order forfeiting the property of the
  199  defendant to the state; and
  200         2.Order the prosecuting authority to seize all property of
  201  the defendant upon such terms and conditions as the court deems
  202  proper.
  203         (b)After ordering the property forfeited, the court may,
  204  at the request of the prosecuting authority, enter other orders
  205  necessary to protect the property, including requiring the
  206  execution of satisfactory performance bonds, appointing
  207  receivers, conservators, appraisers, accountants, or trustees,
  208  or taking any other appropriate action to protect the forfeited
  209  property. Any income accruing to, or derived from, an enterprise
  210  or an interest in an enterprise that has been ordered forfeited
  211  under this section may be used to offset ordinary and necessary
  212  expenses of the enterprise which are required by law, or which
  213  are necessary to protect the interests of the state or of third
  214  parties.
  215         (c)The prosecuting authority shall take title to property
  216  ordered forfeited subject to all mortgages, liens, and security
  217  interests perfected before the date of indictment of the
  218  defendant. Notwithstanding the foregoing, the prosecuting
  219  authority may petition the court to void any mortgage, lien, or
  220  security interest asserted by or on behalf of defendant or any
  221  affiliated or related person.
  222         (6)(a)After seizing the property ordered forfeited under
  223  this section, the prosecuting authority shall dispose of the
  224  property by sale or any other commercially feasible means,
  225  making due provision for the rights of innocent persons.
  226         (b)Any property right or interest not exercisable by, or
  227  transferable for value to, the state shall expire and does not
  228  revert to the defendant. The defendant and any person acting in
  229  concert with or on behalf of the defendant, is not eligible to
  230  purchase forfeited property at any sale held by the state. If a
  231  person other than the defendant or a person acting in concert
  232  with or on behalf of the defendant demonstrates that continuing
  233  with the sale or disposition of the property will result in
  234  irreparable injury, harm, or loss to that person, the court may
  235  restrain or stay the sale or disposition of the property pending
  236  the conclusion of any appeal of the criminal case giving rise to
  237  the forfeiture. The proceeds of any sale or disposition of
  238  property forfeited under this section and any moneys forfeited
  239  shall be used to pay all proper expenses for the forfeiture and
  240  the sale, including expenses of seizure, maintenance and custody
  241  of the property pending its disposition, advertising, and court
  242  costs. The prosecuting authority shall deposit any amount of
  243  such proceeds or moneys remaining after the payment of such
  244  expenses into the General Revenue Fund.
  245         (7)With respect to forfeited property, the prosecuting
  246  authority may:
  247         (a)Grant petitions for mitigation or remission of
  248  forfeiture, restore forfeited property to victims of a violation
  249  of this chapter, or take any other action to protect the rights
  250  of innocent persons which is in the interest of justice and
  251  which is not inconsistent with the provisions of this chapter.
  252         (b)Compromise claims arising under this section.
  253         (c)Award compensation to persons providing information
  254  resulting in a forfeiture under this section.
  255         (d)Direct the disposition by the state of all forfeited
  256  property by public sale or any other commercially feasible
  257  means, making due provision for the rights of innocent persons.
  258         (e)Take appropriate measures necessary to safeguard and
  259  maintain property ordered forfeited under this section pending
  260  its disposition.
  261         (8)The Attorney General may adopt rules relating to:
  262         (a)Making reasonable efforts to provide notice to persons
  263  who may have an interest in property ordered forfeited under
  264  this section;
  265         (b)Granting petitions for remission or mitigation of
  266  forfeiture;
  267         (c)Returning property to victims of an offense petitioning
  268  for remission or mitigation of forfeiture under this chapter;
  269         (d)Disposing the forfeited property by public sale or
  270  other commercially feasible means;
  271         (e)Maintaining and safekeeping forfeited property pending
  272  its disposition; and
  273         (f)Compromising claims arising under this chapter.
  274         (9)Except as provided in subsection (12), a person
  275  claiming an interest in property subject to forfeiture under
  276  this section may not:
  277         (a)Intervene in a trial or appeal of a criminal case
  278  involving the forfeiture of property under this section; or
  279         (b)Commence an action against the state concerning the
  280  validity of a person’s claim in the property after the filing of
  281  an indictment or information alleging that the property is
  282  subject to forfeiture.
  283         (10)A circuit court has jurisdiction to enter orders as
  284  provided in this section without regard to the location of any
  285  property that may be subject to forfeiture or that has been
  286  ordered forfeited under this section.
  287         (11)In order to facilitate the identification or location
  288  of property that has been ordered forfeited and to facilitate
  289  the disposition of petitions for remission or mitigation of
  290  forfeiture, a court that orders the forfeiture of property to
  291  the state may order that the testimony of any witness relating
  292  to the property be taken by deposition and that any designated
  293  book, paper, document, record, recording, or other material that
  294  is not subject to privilege be produced at the time and place of
  295  the deposition, in the same manner as provided for the taking of
  296  depositions under Rule 3.220, Florida Rules of Criminal
  297  Procedure.
  298         (12)(a)After the court enters an order forfeiting property
  299  under this section, the state shall publish notice of the order
  300  and of its intent to dispose of the property in such manner as
  301  the prosecuting authority may direct. The state may also, to the
  302  extent practicable, provide direct written notice to any person
  303  known to have claimed an interest in the property that is the
  304  subject of the order of forfeiture as a substitute for published
  305  notice as to those persons so notified.
  306         (b)Any person, other than the defendant, who claims a
  307  legal interest in property that has been ordered forfeited to
  308  the state may, within 30 days after the final publication of
  309  notice or his or her receipt of notice under paragraph (a),
  310  whichever occurs sooner, petition the court for a hearing to
  311  adjudicate the validity of his or her claim to the forfeited
  312  property. The hearing shall be held before the court alone,
  313  without a jury.
  314         (c)The petition must be signed by the petitioner under
  315  penalty of perjury and shall set forth the nature and extent of
  316  the petitioner’s right, title, or interest in the property, the
  317  time and circumstances of the petitioner’s acquisition of the
  318  right, title, or interest in the property, any additional facts
  319  supporting the petitioner’s claim, and the relief sought.
  320         (d)The hearing on the petition shall, to the extent
  321  practicable, be held within 30 days after the petition is filed.
  322  The court may consolidate the hearing on the petition with a
  323  hearing on any other petition filed by a person other than the
  324  defendant.
  325         (e)At the hearing, the petitioner may testify, present
  326  evidence and witnesses on his or her behalf, and cross-examine
  327  witnesses who appear at the hearing. The state may present
  328  evidence and witnesses in rebuttal and in defense of its claim
  329  to the property and may cross-examine witnesses who appear at
  330  the hearing. In addition to testimony and evidence presented at
  331  the hearing, the court shall consider the relevant portions of
  332  the record of the criminal case that resulted in the order of
  333  forfeiture.
  334         (f)After the hearing, the court shall determine whether
  335  the petitioner has proven by a preponderance of the evidence
  336  that:
  337         1.The petitioner has a legal right, title, or interest in
  338  the property, and that the petitioner’s right, title, or
  339  interest renders the order of forfeiture invalid in whole or in
  340  part because it was vested in the petitioner rather than in the
  341  defendant or was superior to any right, title, or interest of
  342  the defendant at the time of the commission of the acts that
  343  gave rise to the forfeiture of the property under this section;
  344  or
  345         2.The petitioner is a bona fide purchaser for value of the
  346  right, title, or interest in the property and was at the time of
  347  purchase reasonably without cause to believe that the property
  348  was subject to forfeiture,
  349  
  350  and the court shall amend the order of forfeiture according to
  351  its determination.
  352         (g)Following the court’s disposition of all petitions
  353  filed under this subsection, or if no such petition is timely
  354  filed, the state shall have clear title to the forfeited
  355  property and may warrant good title to any subsequent purchaser
  356  or transferee.
  357         (13)If any of the property described in subsection (1) is
  358  protected by s. 6, Art. VII of the State Constitution; cannot be
  359  located upon the exercise of due diligence as a result of any
  360  act or omission of the defendant; has been transferred, sold to,
  361  or deposited with a third party; has been placed beyond the
  362  jurisdiction of the court; has been substantially diminished in
  363  value; or has been commingled with other property that cannot be
  364  divided without difficulty, the court shall order the forfeiture
  365  of any other property of the defendant up to the value of any
  366  such protected or unavailable property.
  367         (14)This section shall not be deemed to have altered the
  368  enforceability or priority of perfected, arms-length security
  369  interests in the forfeited property or of liens against the
  370  property created by judgment or by operation of law.
  371         Section 4. Paragraph (j) is added to subsection (2) of
  372  section 896.101, Florida Statutes, and subsections (5) and (10)
  373  of that section are amended, to read:
  374         896.101 Florida Money Laundering Act; definitions;
  375  penalties; injunctions; seizure warrants; immunity.—
  376         (2) As used in this section, the term:
  377         (j)“Proceeds” means any property derived from or obtained
  378  or retained, directly or indirectly, through some form of
  379  unlawful activity, including the gross receipts of such
  380  activity.
  381         (5) A person who violates or causes another to violate this
  382  section, if the violation involves:
  383         (a) Financial transactions valued at less than $20,000,
  384  exceeding $300 but less than $20,000 in any 12-month period,
  385  commits a felony of the third degree, punishable as provided in
  386  s. 775.082, s. 775.083, or s. 775.084.
  387         (b) Financial transactions valued at totaling or exceeding
  388  $20,000 or more but less than $100,000 in any 12-month period,
  389  commits a felony of the second degree, punishable as provided in
  390  s. 775.082, s. 775.083, or s. 775.084.
  391         (c) Financial transactions valued at totaling or exceeding
  392  $100,000 or more in any 12-month period, commits a felony of the
  393  first degree, punishable as provided in s. 775.082, s. 775.083,
  394  or s. 775.084.
  395         (10) Any financial institution, licensed money services
  396  business, or other person served with and complying with the
  397  terms of a warrant, temporary injunction, or other court order,
  398  including any subpoena issued under s. 16.56 or s. 27.04,
  399  obtained in furtherance of an investigation of any crime in this
  400  section, including any crime specified listed as specified
  401  unlawful activity under this section or any felony violation of
  402  chapter 560, has immunity from criminal liability and is not
  403  liable to any person for any lawful action taken in complying
  404  with the warrant, temporary injunction, or other court order,
  405  including any subpoena issued under s. 16.56 or s. 27.04. If a
  406  any subpoena issued under s. 16.56 or s. 27.04 contains a
  407  nondisclosure provision, it is unlawful for any financial
  408  institution or, licensed money services business, employee or
  409  officer of a financial institution or licensed money services
  410  business, or any other person to may not notify, directly or
  411  indirectly, any customer of that financial institution or money
  412  services business whose records are being sought by the
  413  subpoena, or any other person named in the subpoena, about the
  414  existence or the contents of that subpoena, or of the
  415  investigation, or about information that has been furnished in
  416  response to the subpoena to the state attorney, the or statewide
  417  prosecutor who issued the subpoena, or other law enforcement
  418  officer named in the subpoena in response to the subpoena.
  419  However, an entity or person whose testimony is sought in the
  420  matter is not precluded from consulting with an attorney
  421  regarding that testimony. Any person who violates a
  422  nondisclosure provision contained in a warrant, temporary
  423  injunction, or other court order, including a subpoena issued
  424  under s. 16.56 or s. 27.04, shall be fined $5,000 for each
  425  unauthorized notification.
  426         Section 5. Subsections (19) and (26) of section 560.103,
  427  Florida Statutes, are amended, present subsections (28) through
  428  (30) of that section are redesignated as subsections (29)
  429  through (31), respectively, and a new subsection (28) is added
  430  to that section, to read:
  431         560.103 Definitions.—As used in this chapter, the term:
  432         (19) “Money transmitter” means a person who corporation,
  433  limited liability company, limited liability partnership, or
  434  foreign entity qualified to do business in this state which
  435  receives currency, monetary value, or payment instruments for
  436  the purpose of transmitting the same by any means, including
  437  transmission by wire, facsimile, electronic transfer, courier,
  438  the Internet, or through bill payment services or other
  439  businesses that facilitate such transfer within this country, or
  440  to or from this country.
  441         (26) “Payment instrument seller” means a person who
  442  corporation, limited liability company, limited liability
  443  partnership, or foreign entity qualified to do business in this
  444  state which sells a payment instrument.
  445         (28) “Proceeds” means any property derived from or obtained
  446  or retained, directly or indirectly, through some form of
  447  unlawful activity, including the gross receipts of such
  448  activity.
  449         Section 6. Subsection (8) of section 560.123, Florida
  450  Statutes, is amended to read:
  451         560.123 Florida Control of Money Laundering in Money
  452  Services Business Act.—
  453         (8)(a) Except as provided in paragraph (b), a person who
  454  willfully violates or causes another to violate any provision of
  455  this section commits a misdemeanor of the first degree,
  456  punishable as provided in s. 775.082 or s. 775.083.
  457         (b) A person who willfully violates or cause another to
  458  violate any provision of this section, if the violation
  459  involves:
  460         1. Currency or payment instruments valued at exceeding $300
  461  but less than $20,000 in any 12-month period, commits a felony
  462  of the third degree, punishable as provided in s. 775.082, s.
  463  775.083, or s. 775.084.
  464         2. Currency or payment instruments valued at totaling or
  465  exceeding $20,000 or more but less than $100,000 in any 12-month
  466  period, commits a felony of the second degree, punishable as
  467  provided in s. 775.082, s. 775.083, or s. 775.084.
  468         3. Currency or payment instruments valued at totaling or
  469  exceeding $100,000 or more in any 12-month period, commits a
  470  felony of the first degree, punishable as provided in s.
  471  775.082, s. 775.083, or s. 775.084.
  472         (c) In addition to the penalties authorized by s. 775.082,
  473  s. 775.083, or s. 775.084, a person who has been convicted of,
  474  or entered a plea of guilty or nolo contendere, regardless of
  475  adjudication, to having violated paragraph (b) may be sentenced
  476  to pay a fine of up to $250,000 or twice the value of the
  477  currency or payment instruments, whichever is greater, except
  478  that on a second or subsequent conviction for or plea of guilty
  479  or nolo contendere, regardless of adjudication, to a violation
  480  of paragraph (b), the fine may be up to $500,000 or quintuple
  481  the value of the currency or payment instruments, whichever is
  482  greater.
  483         (d) A person who violates this section is also liable for a
  484  civil penalty of not more than the greater of the value of the
  485  currency or payment instruments involved or $25,000.
  486         Section 7. Subsection (5) of section 560.125, Florida
  487  Statutes, is amended to read
  488         560.125 Unlicensed activity; penalties.—
  489         (5) A person who violates or causes another to violate this
  490  section, if the violation involves:
  491         (a) Currency or payment instruments valued at exceeding
  492  $300 but less than $20,000 in any 12-month period, commits a
  493  felony of the third degree, punishable as provided in s.
  494  775.082, s. 775.083, or s. 775.084.
  495         (b) Currency or payment instruments valued at totaling or
  496  exceeding $20,000 or more but less than $100,000 in any 12-month
  497  period, commits a felony of the second degree, punishable as
  498  provided in s. 775.082, s. 775.083, or s. 775.084.
  499         (c) Currency or payment instruments valued at totaling or
  500  exceeding $100,000 or more in any 12-month period, commits a
  501  felony of the first degree, punishable as provided in s.
  502  775.082, s. 775.083, or s. 775.084.
  503         Section 8. Subsection (3) is added to section 560.204,
  504  Florida Statutes, to read:
  505         560.204 License required.—
  506         (3) A natural person who is acting as a money transmitter
  507  or payment instrument issuer may not be licensed as a sole
  508  proprietorship. A natural person may not act as a money
  509  transmitter or payment instrument issuer, except as an employee,
  510  officer, or director of a corporation, limited liability
  511  company, limited liability partnership, or foreign entity
  512  qualified to do business in this state and licensed under this
  513  part. An natural person who violates this subsection engages in
  514  unlicensed activity pursuant to s. 560.125.
  515         Section 9. Paragraph (h) is added to subsection (3) of
  516  section 655.50, Florida Statutes, and subsection (10) of that
  517  section is amended, to read:
  518         655.50 Florida Control of Money Laundering in Financial
  519  Institutions Act; reports of transactions involving currency or
  520  monetary instruments; when required; purpose; definitions;
  521  penalties.—
  522         (3) As used in this section, the term:
  523         (h)“Proceeds” means any property derived from or obtained
  524  or retained, directly or indirectly, through some form of
  525  unlawful activity, including the gross receipts of such
  526  activity.
  527         (10)(a) Except as provided in paragraph (b), a person who
  528  willfully violates any provision of this section is guilty of a
  529  misdemeanor of the first degree, punishable as provided in s.
  530  775.082 or s. 775.083.
  531         (b) A person who willfully violates or knowingly causes
  532  another to violate any provision of this section, when the
  533  violation involves:
  534         1. Financial transactions valued at totaling or exceeding
  535  $300 but less than $20,000 in any 12-month period, commits is
  536  guilty of a felony of the third degree, punishable as provided
  537  in s. 775.082 or s. 775.083; or
  538         2. Financial transactions valued at totaling or exceeding
  539  $20,000 or more but less than $100,000 commits in any 12-month
  540  period is guilty of a felony of the second degree, punishable as
  541  provided in s. 775.082 or s. 775.083; or
  542         3. Financial transactions valued at totaling or exceeding
  543  $100,000 or more commits in any 12-month period is guilty of a
  544  felony of the first degree, punishable as provided in s. 775.082
  545  or s. 775.083.
  546         (c) In addition to the penalties otherwise authorized by
  547  ss. 775.082 and 775.083, a person who has been convicted of or
  548  who has pleaded guilty or nolo contendere to having violated
  549  paragraph (b) may be sentenced to pay a fine not exceeding
  550  $250,000 or twice the value of the financial transaction,
  551  whichever is greater, except that on a second or subsequent
  552  conviction for or plea of guilty or nolo contendere to a
  553  violation of paragraph (b), the fine may be up to $500,000 or
  554  quintuple the value of the financial transaction, whichever is
  555  greater.
  556         (d) A financial institution as defined in s. 655.005 that
  557  willfully violates this section is also liable for a civil
  558  penalty of not more than the greater of the value of the
  559  financial transaction involved or $25,000. However, the civil
  560  penalty may not exceed $100,000.
  561         (e) A person other than a financial institution as defined
  562  in s. 655.005 who violates this section is also liable for a
  563  civil penalty of not more than the greater of the value of the
  564  financial transaction involved or $25,000.
  565         Section 10. Subsection (3) is added to section 923.03,
  566  Florida Statutes, to read:
  567         923.03 Indictment and information.—
  568         (3)A judgment of forfeiture may not be entered in a
  569  criminal proceeding unless the indictment or the information
  570  provides notice that the defendant has an interest in property
  571  that is subject to forfeiture in accordance with the applicable
  572  statute.
  573         Section 11. Paragraph (g) of subsection (3) of section
  574  921.0022, Florida Statutes, is amended to read:
  575         921.0022 Criminal Punishment Code; offense severity ranking
  576  chart.—
  577         (3) OFFENSE SEVERITY RANKING CHART
  578         (g) LEVEL 7
  579  FloridaStatute     FelonyDegree               Description               
  580  316.027(1)(b)      1st      Accident involving death, failure to stop; leaving scene.
  581  316.193(3)(c)2.    3rd      DUI resulting in serious bodily injury.  
  582  316.1935(3)(b)     1st      Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  583  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious bodily injury.
  584  402.319(2)         2nd      Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  585  409.920(2)(b)1.a.  3rd      Medicaid provider fraud; $10,000 or less.
  586  409.920(2)(b)1.b.  2nd      Medicaid provider fraud; more than $10,000, but less than $50,000.
  587  456.065(2)         3rd      Practicing a health care profession without a license.
  588  456.065(2)         2nd      Practicing a health care profession without a license which results in serious bodily injury.
  589  458.327(1)         3rd      Practicing medicine without a license.   
  590  459.013(1)         3rd      Practicing osteopathic medicine without a license.
  591  460.411(1)         3rd      Practicing chiropractic medicine without a license.
  592  461.012(1)         3rd      Practicing podiatric medicine without a license.
  593  462.17             3rd      Practicing naturopathy without a license.
  594  463.015(1)         3rd      Practicing optometry without a license.  
  595  464.016(1)         3rd      Practicing nursing without a license.    
  596  465.015(2)         3rd      Practicing pharmacy without a license.   
  597  466.026(1)         3rd      Practicing dentistry or dental hygiene without a license.
  598  467.201            3rd      Practicing midwifery without a license.  
  599  468.366            3rd      Delivering respiratory care services without a license.
  600  483.828(1)         3rd      Practicing as clinical laboratory personnel without a license.
  601  483.901(9)         3rd      Practicing medical physics without a license.
  602  484.013(1)(c)      3rd      Preparing or dispensing optical devices without a prescription.
  603  484.053            3rd      Dispensing hearing aids without a license.
  604  494.0018(2)        1st      Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  605  560.123(8)(b)1.    3rd      Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
  606  560.125(5)(a)      3rd      Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  607  655.50(10)(b)1.    3rd      Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  608  775.21(10)(a)      3rd      Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  609  775.21(10)(b)      3rd      Sexual predator working where children regularly congregate.
  610  775.21(10)(g)      3rd      Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  611  782.051(3)         2nd      Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  612  782.07(1)          2nd      Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  613  782.071            2nd      Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  614  782.072            2nd      Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  615  784.045(1)(a)1.    2nd      Aggravated battery; intentionally causing great bodily harm or disfigurement.
  616  784.045(1)(a)2.    2nd      Aggravated battery; using deadly weapon. 
  617  784.045(1)(b)      2nd      Aggravated battery; perpetrator aware victim pregnant.
  618  784.048(4)         3rd      Aggravated stalking; violation of injunction or court order.
  619  784.048(7)         3rd      Aggravated stalking; violation of court order.
  620  784.07(2)(d)       1st      Aggravated battery on law enforcement officer.
  621  784.074(1)(a)      1st      Aggravated battery on sexually violent predators facility staff.
  622  784.08(2)(a)       1st      Aggravated battery on a person 65 years of age or older.
  623  784.081(1)         1st      Aggravated battery on specified official or employee.
  624  784.082(1)         1st      Aggravated battery by detained person on visitor or other detainee.
  625  784.083(1)         1st      Aggravated battery on code inspector.    
  626  790.07(4)          1st      Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  627  790.16(1)          1st      Discharge of a machine gun under specified circumstances.
  628  790.165(2)         2nd      Manufacture, sell, possess, or deliver hoax bomb.
  629  790.165(3)         2nd      Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  630  790.166(3)         2nd      Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  631  790.166(4)         2nd      Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  632  790.23             1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  633  794.08(4)          3rd      Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
  634  796.03             2nd      Procuring any person under 16 years for prostitution.
  635  800.04(5)(c)1.     2nd      Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  636  800.04(5)(c)2.     2nd      Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
  637  806.01(2)          2nd      Maliciously damage structure by fire or explosive.
  638  810.02(3)(a)       2nd      Burglary of occupied dwelling; unarmed; no assault or battery.
  639  810.02(3)(b)       2nd      Burglary of unoccupied dwelling; unarmed; no assault or battery.
  640  810.02(3)(d)       2nd      Burglary of occupied conveyance; unarmed; no assault or battery.
  641  810.02(3)(e)       2nd      Burglary of authorized emergency vehicle.
  642  812.014(2)(a)1.    1st      Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
  643  812.014(2)(b)2.    2nd      Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  644  812.014(2)(b)3.    2nd      Property stolen, emergency medical equipment; 2nd degree grand theft.
  645  812.014(2)(b)4.    2nd      Property stolen, law enforcement equipment from authorized emergency vehicle.
  646  812.0145(2)(a)     1st      Theft from person 65 years of age or older; $50,000 or more.
  647  812.019(2)         1st      Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  648  812.131(2)(a)      2nd      Robbery by sudden snatching.             
  649  812.133(2)(b)      1st      Carjacking; no firearm, deadly weapon, or other weapon.
  650  817.234(8)(a)      2nd      Solicitation of motor vehicle accident victims with intent to defraud.
  651  817.234(9)         2nd      Organizing, planning, or participating in an intentional motor vehicle collision.
  652  817.234(11)(c)     1st      Insurance fraud; property value $100,000 or more.
  653  817.2341(2)(b) & (3)(b)1st      Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
  654  825.102(3)(b)      2nd      Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  655  825.103(2)(b)      2nd      Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
  656  827.03(3)(b)       2nd      Neglect of a child causing great bodily harm, disability, or disfigurement.
  657  827.04(3)          3rd      Impregnation of a child under 16 years of age by person 21 years of age or older.
  658  837.05(2)          3rd      Giving false information about alleged capital felony to a law enforcement officer.
  659  838.015            2nd      Bribery.                                 
  660  838.016            2nd      Unlawful compensation or reward for official behavior.
  661  838.021(3)(a)      2nd      Unlawful harm to a public servant.       
  662  838.22             2nd      Bid tampering.                           
  663  847.0135(3)        3rd      Solicitation of a child, via a computer service, to commit an unlawful sex act.
  664  847.0135(4)        2nd      Traveling to meet a minor to commit an unlawful sex act.
  665  872.06             2nd      Abuse of a dead human body.              
  666  874.10             1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  667  893.13(1)(c)1.     1st      Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  668  893.13(1)(e)1.     1st      Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  669  893.13(4)(a)       1st      Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  670  893.135(1)(a)1.    1st      Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  671  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than 28 grams, less than 200 grams.
  672  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  673  893.135(1)(d)1.    1st      Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  674  893.135(1)(e)1.    1st      Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  675  893.135(1)(f)1.    1st      Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  676  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  677  893.135(1)(h)1.a.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  678  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  679  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  680  893.1351(2)        2nd      Possession of place for trafficking in or manufacturing of controlled substance.
  681  896.101(5)(a)      3rd      Money laundering, financial transactions exceeding $300 but less than $20,000.
  682  896.104(4)(a)1.    3rd      Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  683  943.0435(4)(c)     2nd      Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  684  943.0435(8)        2nd      Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  685  943.0435(9)(a)     3rd      Sexual offender; failure to comply with reporting requirements.
  686  943.0435(13)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  687  943.0435(14)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  688  944.607(9)         3rd      Sexual offender; failure to comply with reporting requirements.
  689  944.607(10)(a)     3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  690  944.607(12)        3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  691  944.607(13)        3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  692  985.4815(10)       3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  693  985.4815(12)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  694  985.4815(13)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  695         Section 12. This act shall take effect July 1, 2010.


Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2019 State of Florida.