HOUSE AMENDMENT
Bill No. HB 1187
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Crime Prevention, Corrections & Safety
12 offered the following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Section 775.0844, Florida Statutes, is
19 created to read:
20 775.0844 White Collar Crime Victim Protection Act.--
21 (1) This section may be cited as the "White Collar
22 Crime Victim Protection Act."
23 (2) Due to the frequency with which victims,
24 particularly elderly victims, are deceived and cheated by
25 criminals who commit nonviolent frauds and swindles,
26 frequently through the use of the Internet and other
27 electronic technology and frequently causing the loss of
28 substantial amounts of property, it is the intent of the
29 Legislature to enhance the sanctions imposed for nonviolent
30 frauds and swindles, protect the public's property, and assist
31 in prosecuting white collar criminals.
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HOUSE AMENDMENT
Bill No. HB 1187
Amendment No. 01 (for drafter's use only)
1 (3) As used in this section, "white collar crime"
2 means:
3 (a) The commission of, or a conspiracy to commit, any
4 felony offense specified in:
5 1. Chapter 560, relating to the Money Transmitters'
6 Code.
7 2. Chapter 812, relating to theft, robbery, and
8 related crimes.
9 3. Chapter 815, relating to computer-related crimes.
10 4. Chapter 817, relating to fraudulent practices.
11 5. Chapter 825, relating to abuse, neglect, and
12 exploitation of elderly persons and disabled adults.
13 6. Chapter 831, relating to forgery and
14 counterfeiting.
15 7. Chapter 832, relating to the issuance of worthless
16 checks and drafts.
17 8. Chapter 838, relating to bribery and misuse of
18 public office.
19 9. Chapter 839, relating to offenses by public
20 officers and employees.
21 10. Chapter 895, relating to offenses concerning
22 racketeering and illegal debts.
23 11. Chapter 896, relating to offenses related to
24 financial transactions.
25 (b) A felony offense that is committed with intent to
26 defraud or that involves a conspiracy to defraud.
27 (c) A felony offense that is committed with intent to
28 temporarily or permanently deprive a person of his or her
29 property or that involves a conspiracy to temporarily or
30 permanently deprive a person of his or her property.
31 (d) A felony offense that involves or results in the
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HOUSE AMENDMENT
Bill No. HB 1187
Amendment No. 01 (for drafter's use only)
1 commission of fraud or deceit upon a person or that involves a
2 conspiracy to commit fraud or deceit upon a person.
3 (4) As used in this section, "aggravated white collar
4 crime" means engaging in at least two white collar crimes that
5 have the same or similar intents, results, accomplices,
6 victims, or methods of commission, or that are otherwise
7 interrelated by distinguishing characteristics and are not
8 isolated incidents, provided that at least one of such crimes
9 occurred after the effective date of this act.
10 (5) Any person who commits an aggravated white collar
11 crime as defined in this section and in so doing either:
12 (a) Victimizes 10 or more elderly persons, as defined
13 in s. 825.101(5);
14 (b) Victimizes 20 or more persons, as defined in s.
15 1.01; or
16 (c) Victimizes the State of Florida, any state agency,
17 any of the state's political subdivisions, or any agency of
18 the state's political subdivisions,
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20 and thereby obtains or attempts to obtain $50,000 or more,
21 commits a felony of the first degree, punishable as provided
22 in s. 775.082, s. 775.083, or 775.084.
23 (6) Notwithstanding any other provision of chapter 921
24 or any other law, an aggravated white collar crime shall be
25 ranked within the offense severity ranking chart at offense
26 severity level 9.
27 (7) In addition to a sentence otherwise authorized by
28 law, a person convicted of an aggravated white collar crime
29 shall pay a fine of $500,000 or double the value of the
30 pecuniary gain or loss, whichever is greater.
31 (8) A person convicted of an aggravated white collar
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HOUSE AMENDMENT
Bill No. HB 1187
Amendment No. 01 (for drafter's use only)
1 crime under this section is liable for all court costs and
2 shall pay restitution to each victim of the crime, regardless
3 of whether the victim is named in the information or
4 indictment. As used in this subsection, "victim" means a
5 person directly and proximately harmed as a result of the
6 commission of the offense for which restitution may be
7 ordered, including any person directly harmed by the
8 defendant's criminal conduct in the course of the commission
9 of the aggravated white collar crime. The court shall hold a
10 hearing to determine the identity of qualifying victims and
11 shall order the defendant to pay restitution based on his or
12 her ability to pay, in accordance with this section and s.
13 775.089.
14 (a) The court shall make the payment of restitution a
15 condition of any probation granted to the defendant by the
16 court. Notwithstanding any other law, the court may order
17 continued probation for a defendant convicted under this
18 section for up to 10 years or until full restitution is made
19 to the victim, whichever occurs earlier.
20 (b) The court retains jurisdiction to enforce its
21 order to pay fines or restitution. The court may initiate
22 proceedings against a defendant for a violation of probation
23 or for contempt of court if the defendant willfully fails to
24 comply with a lawful order of the court.
25 Section 2. Section 910.15, Florida Statutes, is
26 amended to read:
27 910.15 Theft and fraudulent practices concerning
28 communication systems.--
29 (1) A person charged with committing:
30 (a) A fraudulent practice in a manner in which it may
31 reasonably be assumed that a communication made to facilitate
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HOUSE AMENDMENT
Bill No. HB 1187
Amendment No. 01 (for drafter's use only)
1 the fraudulent practice, solicitation or a false or misleading
2 representation, could or would be disseminated across
3 jurisdictional lines;, or
4 (b) A theft involving the use of the mail, telephone,
5 newspaper, radio, television, or other means of communication,
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7 may be tried in the county in which the dissemination
8 originated, in which the dissemination was made, or in which
9 any the last act necessary to consummate the offense occurred.
10 (2) For purposes of this section, if a communication
11 is made by or made available through the use of the Internet,
12 the communication was made in every county within the state.
13 Section 3. Paragraph (i) of subsection (3) of section
14 921.0022, Florida Statutes, is amended to read:
15 921.0022 Criminal Punishment Code; offense severity
16 ranking chart.--
17 (3) OFFENSE SEVERITY RANKING CHART
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19 Florida Felony
20 Statute Degree Description
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22 (i) LEVEL 9
23 316.193
24 (3)(c)3.b. 1st DUI manslaughter; failing to
25 render aid or give information.
26 560.123(8)(b)3. 1st Failure to report currency or
27 payment instruments totaling or
28 exceeding $100,000 by money
29 transmitter.
30 560.125(5)(c) 1st Money transmitter business by
31 unauthorized person, currency, or
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HOUSE AMENDMENT
Bill No. HB 1187
Amendment No. 01 (for drafter's use only)
1 payment instruments totaling or
2 exceeding $100,000.
3 655.50(10)(b)3. 1st Failure to report financial
4 transactions totaling or
5 exceeding $100,000 by financial
6 institution.
7 775.0844 1st Aggravated white collar crime.
8 782.04(1) 1st Attempt, conspire, or solicit to
9 commit premeditated murder.
10 782.04(3) 1st,PBL Accomplice to murder in
11 connection with arson, sexual
12 battery, robbery, burglary, and
13 other specified felonies.
14 782.051(1) 1st Attempted felony murder while
15 perpetrating or attempting to
16 perpetrate a felony enumerated in
17 s. 782.04(3).
18 782.07(2) 1st Aggravated manslaughter of an
19 elderly person or disabled adult.
20 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
21 reward or as a shield or hostage.
22 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
23 or facilitate commission of any
24 felony.
25 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
26 interfere with performance of any
27 governmental or political
28 function.
29 787.02(3)(a) 1st False imprisonment; child under
30 age 13; perpetrator also commits
31 aggravated child abuse, sexual
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HOUSE AMENDMENT
Bill No. HB 1187
Amendment No. 01 (for drafter's use only)
1 battery, or lewd or lascivious
2 battery, molestation, conduct, or
3 exhibition.
4 790.161 1st Attempted capital destructive
5 device offense.
6 790.166(2) 1st,PBL Possessing, selling, using, or
7 attempting to use a weapon of
8 mass destruction.
9 794.011(2) 1st Attempted sexual battery; victim
10 less than 12 years of age.
11 794.011(2) Life Sexual battery; offender younger
12 than 18 years and commits sexual
13 battery on a person less than 12
14 years.
15 794.011(4) 1st Sexual battery; victim 12 years
16 or older, certain circumstances.
17 794.011(8)(b) 1st Sexual battery; engage in sexual
18 conduct with minor 12 to 18 years
19 by person in familial or
20 custodial authority.
21 800.04(5)(b) 1st Lewd or lascivious molestation;
22 victim less than 12 years;
23 offender 18 years or older.
24 812.13(2)(a) 1st,PBL Robbery with firearm or other
25 deadly weapon.
26 812.133(2)(a) 1st,PBL Carjacking; firearm or other
27 deadly weapon.
28 827.03(2) 1st Aggravated child abuse.
29 847.0145(1) 1st Selling, or otherwise
30 transferring custody or control,
31 of a minor.
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HOUSE AMENDMENT
Bill No. HB 1187
Amendment No. 01 (for drafter's use only)
1 847.0145(2) 1st Purchasing, or otherwise
2 obtaining custody or control, of
3 a minor.
4 859.01 1st Poisoning food, drink, medicine,
5 or water with intent to kill or
6 injure another person.
7 893.135 1st Attempted capital trafficking
8 offense.
9 893.135(1)(a)3. 1st Trafficking in cannabis, more
10 than 10,000 lbs.
11 893.135
12 (1)(b)1.c. 1st Trafficking in cocaine, more than
13 400 grams, less than 150
14 kilograms.
15 893.135
16 (1)(c)1.c. 1st Trafficking in illegal drugs,
17 more than 28 grams, less than 30
18 kilograms.
19 893.135
20 (1)(d)1.c. 1st Trafficking in phencyclidine,
21 more than 400 grams.
22 893.135
23 (1)(e)1.c. 1st Trafficking in methaqualone, more
24 than 25 kilograms.
25 893.135
26 (1)(f)1.c. 1st Trafficking in amphetamine, more
27 than 200 grams.
28 893.135
29 (1)(h)1.c. 1st Trafficking in
30 gamma-hydroxybutyric acid (GHB),
31 10 kilograms or more.
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HOUSE AMENDMENT
Bill No. HB 1187
Amendment No. 01 (for drafter's use only)
1 893.135
2 (1)(i)1.c. 1st Trafficking in 1,4-Butanediol, 10
3 kilograms or more.
4 893.135
5 (1)(j)2.c. 1st Trafficking in Phenethylamines,
6 400 grams or more.
7 896.101(5)(c) 1st Money laundering, financial
8 instruments totaling or exceeding
9 $100,000.
10 896.104(4)(a)3. 1st Structuring transactions to evade
11 reporting or registration
12 requirements, financial
13 transactions totaling or
14 exceeding $100,000.
15 Section 4. If any provision of this act or its
16 application to any person or circumstance is held invalid, the
17 invalidity does not affect other provisions or applications of
18 the act which can be given effect without the invalid
19 provision or application, and to this end the provisions of
20 this act are severable.
21 Section 5. This act shall take effect July 1, 2001.
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 remove from the title of the bill: the entire title
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28 and insert in lieu thereof:
29 A bill to be entitled
30 An act relating to criminal activities;
31 creating s. 775.0844, F.S.; creating the White
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HOUSE AMENDMENT
Bill No. HB 1187
Amendment No. 01 (for drafter's use only)
1 Collar Crime Victim Protection Act; providing
2 legislative intent; providing definitions;
3 specifying crimes and acts that constitute a
4 white collar crime; providing that a person
5 commits an aggravated white collar crime if the
6 white collar crime is committed against certain
7 persons or against a state agency or political
8 subdivision; providing enhanced penalties for
9 aggravated white collar crimes; requiring that
10 a person convicted of an aggravated white
11 collar crime pay court costs and restitution;
12 requiring that payment of restitution be a
13 condition of probation; amending s. 910.15,
14 F.S.; providing that a communication made by or
15 through the use of the Internet was made in
16 every county of the state for purposes of
17 prosecuting certain fraudulent practices;
18 amending s. 921.0022, F.S.; adding certain
19 aggravated white collar crimes to the Criminal
20 Punishment Code offense severity ranking chart;
21 providing for severability; providing an
22 effective date.
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