House Bill hb1187
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Florida House of Representatives - 2001 HB 1187
By Representatives Wishner, Harrell, Weissman, Seiler,
Mayfield, Ross, Ritter, Diaz-Balart, Crow and Gottlieb
1 A bill to be entitled
2 An act relating to criminal activities;
3 creating the White Collar Crime Victim
4 Protection Act; providing legislative intent;
5 providing definitions; specifying crimes and
6 acts that constitute a white collar crime;
7 providing that a person commits an aggravated
8 white collar crime if the white collar crime is
9 committed against certain persons or against a
10 state agency or political subdivision;
11 providing enhanced penalties for aggravated
12 white collar crimes; requiring that a defendant
13 convicted of an aggravated white collar crime
14 pay court costs and restitution; requiring that
15 payment of restitution be a condition of
16 probation; amending s. 910.15, F.S.; providing
17 that a communication made by or through the use
18 of the Internet was made in every county of the
19 state for purposes of prosecuting certain
20 fraudulent practices; providing for
21 severability; providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. White Collar Crime Victim Protection Act.--
26 (1) This section may be cited as the "White Collar
27 Crime Victim Protection Act."
28 (2) Due to the frequency with which victims,
29 particularly elderly victims, are deceived and cheated by
30 criminals who commit nonviolent frauds and swindles,
31 frequently through the use of the Internet and other
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Florida House of Representatives - 2001 HB 1187
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1 electronic technology and frequently causing the loss of
2 substantial amounts of property, it is the intent of the
3 Legislature to enhance the sanctions imposed for nonviolent
4 frauds and swindles, protect the public's property, and assist
5 in prosecuting white collar criminals.
6 (3) As used in this section, the term "white collar
7 crime" means:
8 (a) The commission of, or a conspiracy to commit, any
9 felony offense specified in:
10 1. Chapter 560, Florida Statutes, relating to the
11 Money Transmitters' Code.
12 2. Chapter 812, Florida Statutes, relating to theft,
13 robbery, and related crimes.
14 3. Chapter 815, Florida Statutes, relating to
15 computer-related crimes.
16 4. Chapter 817, Florida Statutes, relating to
17 fraudulent practices.
18 5. Chapter 825, Florida Statutes, relating to abuse,
19 neglect, and exploitation of elderly persons and disabled
20 adults.
21 6. Chapter 831, Florida Statutes, relating to forgery
22 and counterfeiting.
23 7. Chapter 832, Florida Statutes, relating to the
24 issuance of worthless checks and drafts.
25 8. Chapter 838, Florida Statutes, relating to bribery
26 and misuse of public office.
27 9. Chapter 839, Florida Statutes, relating to offenses
28 by public officers and employees.
29 10. Chapter 895, Florida Statutes, relating to
30 offenses concerning racketeering and illegal debts.
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Florida House of Representatives - 2001 HB 1187
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1 11. Chapter 896, Florida Statutes, relating to
2 offenses related to financial transactions.
3 (b) A felony offense that is committed with intent to
4 defraud or that involves a conspiracy to defraud.
5 (c) A felony offense that is committed with intent to
6 temporarily or permanently deprive a person of his or her
7 property or that involves a conspiracy to temporarily or
8 permanently deprive a person of his or her property.
9 (d) A felony offense that involves or results in the
10 commission of fraud or deceit upon a person or that involves a
11 conspiracy to commit fraud or deceit upon a person.
12 (4) A person commits an aggravated white collar crime,
13 punishable as provided in s. 775.082, s. 775.083, or s.
14 775.084, Florida Statutes, if the person, in committing a
15 white collar crime, obtains or attempts to obtain $100,000 or
16 more and victimizes:
17 (a) Ten or more elderly persons, as defined in s.
18 825.101, Florida Statutes;
19 (b) Twenty or more persons; or
20 (c) Any state agency or political subdivision of the
21 state.
22 (5) Notwithstanding the ranking of an offense
23 described in subsection (3) at a particular level within the
24 offense severity ranking chart and notwithstanding any other
25 provision of chapter 921, Florida Statutes, or any other law,
26 a felony shall be ranked as follows within the offense
27 severity ranking chart if the felony is an aggravated white
28 collar crime:
29 (a) A third degree felony is ranked in level 7.
30 (b) A second degree felony is ranked in level 8.
31 (c) A first degree felony is ranked in level 9.
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Florida House of Representatives - 2001 HB 1187
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1 (6) In addition to a sentence otherwise authorized by
2 law, a person convicted of an aggravated white collar crime
3 shall pay a fine of $500,000 or double the value of the
4 pecuniary gain or loss, whichever is greater.
5 (7) A defendant convicted of an aggravated white
6 collar crime under this section is liable for all court costs
7 and shall pay restitution to each victim of the crime,
8 regardless of whether the victim is named in the information
9 or indictment. As used in this subsection, the term "victim"
10 means a person directly and proximately harmed as a result of
11 the commission of the offense for which restitution may be
12 ordered, including, in the case of an offense that involves a
13 scheme, conspiracy, or pattern of criminal activity, any
14 person directly harmed by the defendant's criminal conduct in
15 the course of the scheme, conspiracy, or pattern of criminal
16 activity. The court shall hold a hearing to determine the
17 identity of qualifying victims and shall order the defendant
18 to pay restitution based on his or her ability to pay, in
19 accordance with this section and s. 775.089, Florida Statutes.
20 (a) The court shall make the payment of restitution a
21 condition of any probation granted to the defendant by the
22 court. Notwithstanding any other law, the court may order
23 continued probation for a defendant convicted under this
24 section for up to 10 years or until full restitution is made
25 to the victim, whichever occurs earlier.
26 (b) The court retains jurisdiction to enforce its
27 order to pay fines or restitution. The court may initiate
28 proceedings against a defendant for a violation of probation
29 or for contempt of court if the defendant willfully fails to
30 comply with a lawful order of the court.
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1 Section 2. Section 910.15, Florida Statutes, is
2 amended to read:
3 910.15 Theft and fraudulent practices concerning
4 communication systems.--
5 (1) A person charged with committing:
6 (a) A fraudulent practice in a manner in which it may
7 reasonably be assumed that a communication made to facilitate
8 the fraudulent practice, solicitation or a false or misleading
9 representation, could or would be disseminated across
10 jurisdictional lines;, or
11 (b) A theft involving the use of the mail, telephone,
12 newspaper, radio, television, or other means of communication,
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14 may be tried in the county in which the dissemination
15 originated, in which the dissemination was made, or in which
16 any the last act necessary to consummate the offense occurred.
17 (2) For purposes of this section, if a communication
18 is made by or made available through the use of the Internet,
19 the communication was made in every county within the state.
20 Section 3. If any provision of this act or its
21 application to any person or circumstance is held invalid, the
22 invalidity does not affect other provisions or applications of
23 the act which can be given effect without the invalid
24 provision or application, and to this end the provisions of
25 this act are severable.
26 Section 4. This act shall take effect July 1, 2001.
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2 LEGISLATIVE SUMMARY
3 Creates the White Collar Crime Victim Pr Prction Act.
Specifies crimes and acts that constitute a white collar
4 crimrimProvides that an aggravated white collar crime is
a white collar crime comcomted against 10 or more elderly
5 persons, 20 or more persons, or a state te ncy or
political subdivision. Provides enhanced penalties for
6 aggravatvatwhite collar crimes. Requires that the court
make payment of restitution a a dition of probation for
7 a person convicted of committing an aggravated wh wh
collar crime. Provides that, for purposes of prosecuting
8 fraudulent practacts concerning communication systems, a
communication made by or through the ue uof the Internet
9 was made in every county of the state.
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