Bill Text: FL S2318 | 2010 | Regular Session | Engrossed

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Bill Title: Money Laundering [SPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2010-04-30 - In Messages; Died in Messages [S2318 Detail]

Download: Florida-2010-S2318-Engrossed.html

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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         895.025 Construction 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         895.041 Criminal 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.