Arrestable Offenses / Crimes under Fla. Stat. 896.101
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 12188, 2010 WL 3239158
...ndering charge. We disagree, and affirm. Monestime was charged with trafficking in over 400 grams of cocaine, in violation of section
893.135(1)(b)(1)(C), Florida Statutes (2009), and with money laundering of an amount over $100,000, in violation of section
896.101(5)(c), Florida Statutes (2009)....
...es therefrom have been resolved in favor of the ruling on appeal, there is substantial, competent evidence to support the ruling." Banks v. State,
732 So.2d 1065, 1067 n. 5 (Fla.1999) (quoting Tibbs v. State,
397 So.2d 1120 (Fla. 1981)). Pursuant to section
896.101(2)(h), Florida Statutes (2009), if the transaction or transportation involves more than $10,000 in U.S....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1996 WL 410726
...section
817.03(4)(a), Florida Statutes (1993); one count of racketeering, in violation of section
895.03, Florida Statutes (1993); ten counts of the offense of conduct of financial transaction involving proceeds of unlawful activity, in violation of section
896.101(2); four counts of first degree grand theft, in violation of section
812.014(2)(a), Florida Statutes (1993); six counts of second degree grand theft, in violation of section
812.014(2)(b), Florida Statutes (1993); and three counts of...
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...In Count 1, the State charged Espinoza with unlawfully engaging in the business of a money transmitter and/or a payment instrument seller without being registered with the State of Florida in violation of section
560.125, Florida Statutes (2013), and, in Counts 2 and 3, with money laundering in violation of section
896.101, Florida Statutes (2014)....
...he business of money transmitter while not being registered as a money transmitter or authorized vendor" in violation of sections
560.125(1) and (5)(a), Florida Statutes (2013) 1 (Count 1) and two counts of money laundering, in violation of sections
896.101(3) and
896.101(5)(a) and (b), Florida Statutes (2014) (Counts 2 and 3)....
...2000). Thus, denial of the motion to dismiss is mandatory so long as a material fact is in dispute. Id. (citing Boler v. State ,
678 So.2d 319 , 323 (Fla. 1996) ). The State charged Espinoza with two counts of money laundering, in violation of sections
896.101(5)(b) and (5)(a), Florida Statutes (2014)....
...f said specified unlawful activity and/or avoid a transaction reporting requirement under state law, said financial transaction(s) totaling or exceeding $ 20,000 but less than $ 100,000 in the 12-month period ending February 6, 2014, in violation of s. 896.101(3) and s. 896.101(5)(b), Fla....
...he carrying on of said specified unlawful activity and/or avoid a transaction reporting requirement under state law, said financial transaction(s) exceeding $ 300 but less than $ 20,000 in the 12 month period ending February 1, 2014, in violation of s. 896.101(3) and s. 896.101(5)(a), Fla....
...In response, Espinoza filed a sworn motion to dismiss wherein he incorporated his prior arguments as to Count 1 and further averred that the sale of bitcoins does not fall within the statutory definitions of "financial transactions" or "monetary instruments" under section 896.101....
...As such, Espinoza argued, his sale of bitcoins to Detective Arias does not constitute money laundering. The State moved to strike on the basis that a motion to dismiss a charge of money laundering is improper because money laundering requires "intent." Section 896.101(3)(c) provides in part: (3) It is unlawful for a person: .......
..." (quoting State v. Rogers ,
386 So.2d 278 , 280 (Fla. 2d DCA 1980) ) ). Accordingly, in dismissing the information, the trial court improperly decided a factual issue regarding Counts 2 and 3 in concluding Espinoza lacked the requisite intent under section
896.101(3)(c)....
...PayPal." FATF, supra , at 9. The definition of "monetary instruments," which itself is used in the definition of "financial transaction," was amended by the Legislature to include the term "virtual currency" and became effective on July 1, 2017. See § 896.101(2)(f), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1114328
...Based on evidence that, between April 18, 1997 and May 28, 1998, she wrote twenty-nine separate checks to cash from an account which contained the proceeds of an extensive insurance fraud, Vizcon was found guilty of twenty-nine separate counts of violating the money laundering statute, section 896.101(2)(a), Florida Statutes (Supp.1996), [1] and was sentenced accordingly....
...The issue arises because, in what is certainly one of the most egregious examples of faulty draftspersonship ever seen, the respective counts of the information did not simply allege that the defendant had negotiated a check on each of the various dates in violation of section 896.101(2)(a)....
...[4] Nicholson,
757 So.2d at 1228. We agree. In the end, faulty pleading irrelevant to the assertion of any of the defendant's substantial interests should not result in even a partial forfeiture of the state's right to the full enforcement of its laws. Affirmed. NOTES [1]
896.101 Offense of conduct of financial transaction involving proceeds of unlawful activity; penalties....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 WL 593912
...section
817.36(2). Counts II, III, V, VI and VII involved resale of tickets in violation of section
817.36(2)(a), essentially repeating the RICO predicate incidents. Count VIII involved the conduct of an illegal financial transaction in violation of section
896.101(2)(a)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Chuck shrugged his shoulders and did not reply when asked how much he was going to make for dropping off the money. The currency was packaged in bundles of $20.00, $10.00, and $5.00 bills. Homestead agents seized the currency. Chuck was arrested for violating section 896.101(3)(B), Florida Statutes (2000), of the Florida Money Laundering Act....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2710748
...Stat. (2002) (defining "law enforcement officer"); §
539.001(2)(b) (defining appropriate law enforcement official); §
705.101(4), Fla. Stat. (2002) (defining "law enforcement officer"); §
741.28(4), Fla. Stat. (2002) (defining "law enforcement"); §
896.101(2)(d), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 680, 2013 WL 5381712, 2013 Fla. LEXIS 2067
...lic office or a person who has been elected but has yet to officially assume the responsibilities of public office does not qualify as a public servant. §
838.022(2)(a), Fla. Stat. (2012). This instruction was adopted in 2013. 26.9 MONEY LAUNDERING §
896.101(3)(a), (3)(b), or (3)(c), Fla. Stat. Give if Fla. Stat. §
896.101 (3)(a) is charged: To prove the crime of Money Laundering, the State must prove the following four elements beyond a reasonable doubt: 1....
...escribe the specified unlawful activity listed in Fla. Stat.
895.02 that is alleged in the charging document); [or] 2. to avoid a [transaction reporting requirement] [money transmitters’ registration requirement] under state law. Give if Fla. Stat §
896.101(3)(b) is charged: To prove the crime of Money Laundering, the State must prove the following two elements beyond a reasonable doubt: 1....
...scribe the specified unlawful activity listed in Fla. Stat.
895.02 that is alleged in the charging document); [or] 2. to avoid a [transaction reporting requirement] [money transmitters’ registration requirement] under state law. Give if Fla. Stat. §
896.101 (3)(c) is charged: To prove the crime of Money Laundering, the State must prove the following three elements beyond a reasonable doubt: 1....
...operty believed to be the proceeds] of (describe the specified unlawful activity listed in Fla. Stat.
895.02 that is alleged in the charging document); [or] c. avoid a transaction reporting requirement under state law. Give if applicable. Fla. Stat. §
896.101 (A)....
...ce against that person, provided such solicitation would not induce an ordinary law-abiding person to violate this law. Note to Judge: This subsection does not preclude the defense of entrapment. See jury instruction S.6(j). Definitions. Fla. Stats. § 896.101(2)(a), § 896.101(2)(p)....
...activity is (describe the specified unlawful activity listed in Fla. Stat.
895.02 that is alleged in the charging document). A “felony” is a crime punishable by death or imprisonment in excess of one year. (Name of crime) is a felony. Fla. Stat. §
896.101 (2)(b). “Conducts” includes initiating, concluding, or participating in initiating or concluding a transaction. Fla, Stat. §
896.101(2) (c)....
...t, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safety deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. Fla. Stat. § 896.101 (2)(d)....
...involving the transfer of title to any real property, vehicle, vessel, or aircraft, or a transac- *59 institution which is engaged m, or the activities of which affect, commerce in any way or degree. tion involving the use of a financial Fla. Stat. § 896.101 (2)(f)....
...tones, or jewels] [a pawnbroker] [a loan or finance company] [a travel agency] [a telegraph company] [the United States Postal Service] [ (list one of the other institutions enumerated in 31 U.S.C. § 5312 ) ], that is located in Florida. Fla. Stat. § 896.101 (2)(e)....
...“Monetary instruments” means coin or currency of the United States or of any other country, travelers’ checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in such form that thereto passes upon delivery. or otherwise in such form that title Fla. Stat. § 896.101 (2)(h)....
...currency or foreign equivalent, should have known after reasonable inquiry, unless the person has a duty to file a federal currency transaction report, IRS Form 8300, or a like report under state law and has complied with that reporting requirement in accordance with law. Fla. Stat. § 896.101 (3)(d)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 4030, 2015 WL 1259557
...ave been granted because the proceeds were not obtained from a “specified unlawful activity” and because his actions did not satisfy the concealment requirement in the money laundering statute. Given the evidence presented at trial, we disagree. Section 896.101(3), Florida Statutes (2009), provides: (3) It is unlawful for a person: (a) Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, to conduct or attempt to conduct such...
...f specified unlawful activity; or b. To avoid a transaction reporting requirement or money transmitters’ registration requirement under state law. (Emphasis added.) A “specified unlawful activity” is defined as any “racketeering activity.” § 896.101(2)(g)....
...“Racketeering activity” includes committing, attempting, or conspiring to commit a chargeable crime “relating to theft, robbery, and related crimes” or soliciting, coercing, or intimidating another person to do so. §
895.02(l)(a)(32), Fla. Stat. (2009). A “transaction” for purposes of section
896.101(3) includes “any [ ] payment, transfer, or delivery by, through, or to a finan *300 cial institution, by whatever means effected.” §
896.101(2)(c)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 7696, 2010 WL 2218593
...ion, the source, the ownership, or the control of the proceeds of specified unlawful activity, in an amount exceeding $20,000 but less than $100,000 in a 12-month period. (Emphasis added.) The information alleged that this conduct was a violation of section 896.101(3), Florida Statutes (2005)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1991 WL 148349
...ee felony charges under the Florida RICO Act, section
895.03(3), Florida Statutes, and (Count 10) one second degree felony charge of transporting a monetary instrument or funds with the intent to carry on a specific unlawful activity in violation of section
896.101(2)(b)1., Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 9973, 1994 WL 567767
PER CURIAM. Appellant raises two issues in this appeal of his conviction and sentence for violation of § 896.101(2)(b)l, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 17591, 2008 WL 4949123
...the jury. 1 The jury found Dallas guilty of delivery of cocaine and unlawful transportation of currency. He was sentenced to four years in prison on each count, running concurrently. Dallas timely appealed. Analysis Dallas was charged with violating section 896.101(3)(b)l., Florida Statutes (2007), which makes it unlawful for a person to “transport or attempt to transport a monetary instrument or funds with the intent to promote the carrying on of specified unlawful activity.” A “specified...
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4163, 1991 WL 72086
COBB, Judge. The defendant, Edward Ray Stidham, was charged and convicted of conspiracy to traffic in cocaine pursuant to section 893.-135, Florida Statutes (1989) and of transporting funds with the intent to purchase cocaine. § 896.101(2)(b)l, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 2241, 2000 WL 266679
...tatute
817.62(3)(b) and/or On or about the 23rd day of April, 1996 in the Thirteenth Judicial Circuit of Florida, to wit: Hillsborough County, RUTH LYNN PADILLA did conduct or attempt to conduct a financial transaction, as defined in Florida Statute
896.101(l)(d), to wit: the remission of record of charge numbers ..., resulting in the transfer, delivery or other disposition of check number ......
...knowing that the transaction was designed in whole or in part to conceal or disguise the nature, the location, the sources, the ownership, or the control of the proceeds of the said specified unlaw *664 ful activity, in violation of Florida Statute 896.101(2)(a)2....
CopyPublished | Florida 3rd District Court of Appeal
...In Count 1, the State charged Espinoza with unlawfully engaging in the business of a money transmitter and/or a payment instrument seller without being registered with the State of Florida in violation of section
560.125, Florida Statutes (2013), and, in Counts 2 and 3, with money laundering in violation of section
896.101, Florida Statutes (2014)....
...he business of money transmitter while not being registered as a money transmitter or authorized vendor" in violation of sections
560.125(1) and (5)(a), Florida Statutes (2013) 1 (Count 1) and two counts of money laundering, in violation of sections
896.101(3) and
896.101(5)(a) and (b), Florida Statutes (2014) (Counts 2 and 3)....
...2000). Thus, denial of the motion to dismiss is mandatory so long as a material fact is in dispute. Id. (citing Boler v. State ,
678 So.2d 319 , 323 (Fla. 1996) ). The State charged Espinoza with two counts of money laundering, in violation of sections
896.101(5)(b) and (5)(a), Florida Statutes (2014)....
...f said specified unlawful activity and/or avoid a transaction reporting requirement under state law, said financial transaction(s) totaling or exceeding $ 20,000 but less than $ 100,000 in the 12-month period ending February 6, 2014, in violation of s. 896.101(3) and s. 896.101(5)(b), Fla....
...he carrying on of said specified unlawful activity and/or avoid a transaction reporting requirement under state law, said financial transaction(s) exceeding $ 300 but less than $ 20,000 in the 12 month period ending February 1, 2014, in violation of s. 896.101(3) and s. 896.101(5)(a), Fla....
...In response, Espinoza filed a sworn motion to dismiss wherein he incorporated his prior arguments as to Count 1 and further averred that the sale of bitcoins does not fall within the statutory definitions of "financial transactions" or "monetary instruments" under section 896.101....
...As such, Espinoza argued, his sale of bitcoins to Detective Arias does not constitute money laundering. The State moved to strike on the basis that a motion to dismiss a charge of money laundering is improper because money laundering requires "intent." Section 896.101(3)(c) provides in part: (3) It is unlawful for a person: .......
..." (quoting State v. Rogers ,
386 So.2d 278 , 280 (Fla. 2d DCA 1980) ) ). Accordingly, in dismissing the information, the trial court improperly decided a factual issue regarding Counts 2 and 3 in concluding Espinoza lacked the requisite intent under section
896.101(3)(c)....
...PayPal." FATF, supra , at 9. The definition of "monetary instruments," which itself is used in the definition of "financial transaction," was amended by the Legislature to include the term "virtual currency" and became effective on July 1, 2017. See § 896.101(2)(f), Fla....
CopyPublished | Supreme Court of Florida
...laundering are revised to better track statutory language governing that offense.
Additionally, a last element is added reading: “The money or property involved in
the financial transaction exceeded $300 in any lZ-month period.” This amendment
is made to address language found in section
896.101(5), Florida Statutes (2018).
Further, a paragraph is added to the instruction providing: “A[n] (name of the
specified unlawful activity in §
895.02(8)(a)(l.-50....
...Next, the phrase “virtual currency” is added to the definition of “monetary
instruments” in instruction 26.9 to track recent statutory amendments, see ch.
2017-155, §12, at 5, Laws of Fla., and a definition of “virtual currency” based on
section 896.101(2)@), Florida Statutes (2018), is added to the instruction....
...e course of the taking. Gordon
y. State,
219 So. 3d 189 (Fla. 3rd DCA 2017).
This instruction was adopted in 1997 [
697 So.2d 84] and amended in 2008
[
982 So. 2d 1160], and-2013 [
122 So. 3d 2631, and 2018.
26.9 MONEY LAUNDERING
§
896.101(3)(a), (3)(b), or (3)(c), Fla. Stat.
Giye if Fla._Sta-t._§
896.101(3)(a) Fla....
...ehatgin-g-deeument);
[Or]
2. to avoid a [transaction reporting requirement] [money
transmitters’ registration requirement] under state law.
5. The money or property involved in the financial transaction exceeded
$300 in any lZ-month period.
Giye if Fla.-Sta-tv § 896.101(3)(b) Fla....
...that
is alleged in-theehaig-iiig-doeuinent);
[Or]
2. to avoid a [transaction reporting requirement] [money
transmitters’ registration requirement] under state law.
3. The money or property involved in the financial transaction exceeded
$300 in any lZ-month period.
Giye ifFla.-Sta-ti § 896.101(3)(c) Fla....
...alleged) consists of ( give elements of the specified unlawful activity alleged). (If
applicable, also explain attempt, conspiracy, solicitation, coercion, and/or
intimidation to commit the specified unlawful activity.
Giye ifapplicable. Fla._Sta-ti § 896.101(4) Fla....
...person, provided such solicitation Would not induce an ordinary law-
abiding person to violate this law.
Note to Judge.' This subsection does not preclude the defense of entrapment.
See jury instruction 3.6( j ).
Definitions.
Fia-szais_§s%-ioi@ia+ § 896.101(2)(§§) Fla....
...activity is (deseribew the specified unlawful activity listed in Fla._Stat-.§
895.02§8)§a)1._50. that-is alleged in-theehaigiiig-doeuinent). A “felony” is a
crime punishable by death or imprisonment in excess of one year. (Name of
crime) is a felony.
Fla.-Stati §
896.101(2)(bg) Fla. Stat.
§Conducts@¥ includes initiating, concluding, or participating in
initiating or concluding a transaction.
Fla.-Sta-ti §
896.101(2)(ei) Fla....
...currency, loan, extension of credit, purchase or sale of any stock, bond,
certificate of deposit, or other monetary instrument, use of a safety deposit
box, or any other payment, transfer, or delivery by, through, or to a financial
institution, by Whatever means effected.
Fla.-Stati § 896.101(2)(@@ Fla....
...n involving the
transfer of title to any real property, vehicle, vessel, or aircraft, or a
transaction involving the use of a financial institution Which is engaged in, or
the activities of Which affect, commerce in any Way or degree.
Fla._Stati § 896.101(2)(fb) Fla....
...dealer in precious metals, stones, or jewels] [a pawnbroker] [a loan or finance
company] [a travel agency] [a telegraph company] [the United States Postal
27
Service] [(list one of the other institutions enumerated in 31 U.S.C. § 5312)], that
is located in Florida.
Fla.-Sta-ti § 896.101(2)(ef) Fla....
...travelers’ checks, personal checks,
bank checks, money orders, investment securities in bearer form or otherwise
in such form that title thereto passes upon delivery, and negotiable
instruments in bearer form or otherwise in such form that title thereto passes
upon delivery.
§ 896.101(2)(1`), Fla. Stat.
“Virtual currency” means a medium of exchange in electronic or digital
format that is not a coin or currency of the United States or any other
country,
Fla.-Stati § 896.101(2)(144) Fla....
...currency or
foreign equivalent, should have known after reasonable inquiry, unless the
person has a duty to file a federal currency transaction report, IRS Form
8300, or a like report under state law and has complied with that reporting
requirement in accordance With law.
Fla.-Stati § 896.101(3)(d) Fla....
...nited States, or of any
other state or political subdivision thereof, Who is empowered by law to
conduct, on behalf of the government, investigations of, or to make arrests for,
offenses enumerated in this subsection or similar federal offenses.
§ 896.101(5), Fla....
...$100,000 during any lZ-month period.
28
c. the financial transaction involved $100,000 or more during any
lZ-month period.
Lesser Included Offenses
N] .]JJEE ]l.i.E.H].EE.
MONEY LAUNDERING ($100,000 OR GREATER IN ANY 12-
MONTH PERIOD) _ 896.101(3) and 896.101(5)(c)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Money Laundering 896.101§ 3 j M
($20,000 but less than Ll
$100,000 in any 12- 896.101§5 )§b)
month period)
Money Laundering 896.101§ 3 y M
§more than $300 but Ll
less than $20 000 in 896.101§5 )§a)
any 12-month period)
Comment
This instruction was adopted in 2013 [123 So....
CopyPublished | Supreme Court of Florida
...laundering are revised to better track statutory language governing that offense.
Additionally, a last element is added reading: “The money or property involved in
the financial transaction exceeded $300 in any 12-month period.” This amendment
is made to address language found in section
896.101(5), Florida Statutes (2018).
Further, a paragraph is added to the instruction providing: “A[n] (name of the
specified unlawful activity in §
895.02(8)(a)(1.-50....
...Next, the phrase “virtual currency” is added to the definition of “monetary
instruments” in instruction 26.9 to track recent statutory amendments, see ch.
2017-155, §12, at 5, Laws of Fla., and a definition of “virtual currency” based on
section 896.101(2)(j), Florida Statutes (2018), is added to the instruction....
...State,
219 So. 3d 189 (Fla. 3rd DCA 2017).
This instruction was adopted in 1997 [
697 So.2d 84] and amended in 2008
[
982 So. 2d 1160], and 2013 [
122 So. 3d 263], and 2018.
26.9 MONEY LAUNDERING
§
896.101(3)(a), (3)(b), or (3)(c), Fla. Stat.
Give if Fla. Stat. §
896.101(3)(a), Fla....
...to avoid a [transaction reporting requirement] [money
transmitters’ registration requirement] under state law.
5. The money or property involved in the financial transaction exceeded
$300 in any 12-month period.
Give if Fla. Stat. § 896.101(3)(b), Fla....
...to avoid a [transaction reporting requirement] [money
transmitters’ registration requirement] under state law.
3. The money or property involved in the financial transaction exceeded
$300 in any 12-month period.
Give if Fla. Stat. § 896.101(3)(c), Fla....
...alleged) consists of (give elements of the specified unlawful activity alleged). (If
applicable, also explain attempt, conspiracy, solicitation, coercion, and/or
intimidation to commit the specified unlawful activity.
Give if applicable. Fla. Stat. § 896.101(4), Fla....
...person, provided such solicitation would not induce an ordinary law-
abiding person to violate this law.
Note to Judge: This subsection does not preclude the defense of entrapment.
See jury instruction 3.6(j).
Definitions.
Fla. Stats. § 896.101(2)(a), § 896.101(2)(ge), Fla....
...activity is (describename the specified unlawful activity listed in Fla. Stat.§
895.02(8)(a)1.–50. that is alleged in the charging document). A “felony” is a
crime punishable by death or imprisonment in excess of one year. (Name of
crime) is a felony.
Fla. Stat. §
896.101(2)(ba), Fla. Stat.
“Conductsed” includes initiating, concluding, or participating in
initiating or concluding a transaction.
Fla. Stat. §
896.101(2)(ci), Fla....
...hase or sale of any stock, bond,
certificate of deposit, or other monetary instrument, use of a safety deposit
box, or any other payment, transfer, or delivery by, through, or to a financial
institution, by whatever means effected.
Fla. Stat. § 896.101(2)(dc), Fla....
...volving the
transfer of title to any real property, vehicle, vessel, or aircraft, or a
transaction involving the use of a financial institution which is engaged in, or
the activities of which affect, commerce in any way or degree.
Fla. Stat. § 896.101(2)(fb), Fla....
...nce
company] [a travel agency] [a telegraph company] [the United States Postal
27
Service] [(list one of the other institutions enumerated in 31 U.S.C. § 5312)], that
is located in Florida.
Fla. Stat. § 896.101(2)(ef), Fla....
...s,
bank checks, money orders, investment securities in bearer form or otherwise
in such form that title thereto passes upon delivery, and negotiable
instruments in bearer form or otherwise in such form that title thereto passes
upon delivery.
§ 896.101(2)(j), Fla. Stat.
“Virtual currency” means a medium of exchange in electronic or digital
format that is not a coin or currency of the United States or any other
country.
Fla. Stat. § 896.101(2)(hd), Fla....
...currency or
foreign equivalent, should have known after reasonable inquiry, unless the
person has a duty to file a federal currency transaction report, IRS Form
8300, or a like report under state law and has complied with that reporting
requirement in accordance with law.
Fla. Stat. § 896.101(3)(d), Fla....
...ed States, or of any
other state or political subdivision thereof, who is empowered by law to
conduct, on behalf of the government, investigations of, or to make arrests for,
offenses enumerated in this subsection or similar federal offenses.
§ 896.101(5), Fla....
...the financial transaction involved $100,000 or more during any
12-month period.
Lesser Included Offenses
No lesser included offenses have been identified for this offense.
MONEY LAUNDERING ($100,000 OR GREATER IN ANY 12-
MONTH PERIOD) — 896.101(3) and 896.101(5)(c)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Money Laundering 896.101(3) 26.9
($20,000 but less than and
$100,000 in any 12- 896.101(5)(b)
month period)
Money Laundering 896.101(3) 26.9
(more than $300 but and
less than $20,000 in 896.101(5)(a)
any 12-month period)
Comment
This instruction was adopted in 2013 [123 So....
CopyPublished | District Court of Appeal of Florida
(5) money laundering, in violation of section
896.101(5)(c), Florida Statutes (2022); or
