SENATE AMENDMENT
Bill No. SB 540
Amendment No. ___ Barcode 852020
CHAMBER ACTION
Senate House
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11 Senator Burt moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 775.0844, Florida Statutes, is
18 created to read:
19 775.0844 White Collar Crime Victim Protection Act.--
20 (1) This section may be cited as the "White Collar
21 Crime Victim Protection Act."
22 (2) Due to the frequency with which victims,
23 particularly elderly victims, are deceived and cheated by
24 criminals who commit nonviolent frauds and swindles,
25 frequently through the use of the Internet and other
26 electronic technology and frequently causing the loss of
27 substantial amounts of property, it is the intent of the
28 Legislature to enhance the sanctions imposed for nonviolent
29 frauds and swindles, protect the public's property, and assist
30 in prosecuting white collar criminals.
31 (3) As used in this section, "white collar crime"
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SENATE AMENDMENT
Bill No. SB 540
Amendment No. ___ Barcode 852020
1 means:
2 (a) The commission of, or a conspiracy to commit, any
3 felony offense specified in:
4 1. Chapter 560, relating to the Money Transmitters'
5 Code.
6 2. Chapter 812, relating to theft, robbery, and
7 related crimes.
8 3. Chapter 815, relating to computer-related crimes.
9 4. Chapter 817, relating to fraudulent practices.
10 5. Chapter 825, relating to abuse, neglect, and
11 exploitation of elderly persons and disabled adults.
12 6. Chapter 831, relating to forgery and
13 counterfeiting.
14 7. Chapter 832, relating to the issuance of worthless
15 checks and drafts.
16 8. Chapter 838, relating to bribery and misuse of
17 public office.
18 9. Chapter 839, relating to offenses by public
19 officers and employees.
20 10. Chapter 895, relating to offenses concerning
21 racketeering and illegal debts.
22 11. Chapter 896, relating to offenses related to
23 financial transactions.
24 (b) A felony offense that is committed with intent to
25 defraud or that involves a conspiracy to defraud.
26 (c) A felony offense that is committed with intent to
27 temporarily or permanently deprive a person of his or her
28 property or that involves a conspiracy to temporarily or
29 permanently deprive a person of his or her property.
30 (d) A felony offense that involves or results in the
31 commission of fraud or deceit upon a person or that involves a
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Bill No. SB 540
Amendment No. ___ Barcode 852020
1 conspiracy to commit fraud or deceit upon a person.
2 (4) As used in this section, "aggravated white collar
3 crime" means engaging in at least two white collar crimes that
4 have the same or similar intents, results, accomplices,
5 victims, or methods of commission, or that are otherwise
6 interrelated by distinguishing characteristics and are not
7 isolated incidents, provided that at least one of such crimes
8 occurred after the effective date of this act.
9 (5) Any person who commits an aggravated white collar
10 crime as defined in this section and in so doing either:
11 (a) Victimizes 10 or more elderly persons, as defined
12 in s. 825.101(5);
13 (b) Victimizes 20 or more persons, as defined in s.
14 1.01; or
15 (c) Victimizes the State of Florida, any state agency,
16 any of the state's political subdivisions, or any agency of
17 the state's political subdivisions,
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19 and thereby obtains or attempts to obtain $50,000 or more,
20 commits a felony of the first degree, punishable as provided
21 in s. 775.082, s. 775.083, or 775.084.
22 (6) Notwithstanding any other provision of chapter 921
23 or any other law, an aggravated white collar crime shall be
24 ranked within the offense severity ranking chart at offense
25 severity level 9.
26 (7) In addition to a sentence otherwise authorized by
27 law, a person convicted of an aggravated white collar crime
28 may pay a fine of $500,000 or double the value of the
29 pecuniary gain or loss, whichever is greater.
30 (8) A person convicted of an aggravated white collar
31 crime under this section is liable for all court costs and
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1 shall pay restitution to each victim of the crime, regardless
2 of whether the victim is named in the information or
3 indictment. As used in this subsection, "victim" means a
4 person directly and proximately harmed as a result of the
5 commission of the offense for which restitution may be
6 ordered, including any person directly harmed by the
7 defendant's criminal conduct in the course of the commission
8 of the aggravated white collar crime. The court shall hold a
9 hearing to determine the identity of qualifying victims and
10 shall order the defendant to pay restitution based on his or
11 her ability to pay, in accordance with this section and s.
12 775.089.
13 (a) The court shall make the payment of restitution a
14 condition of any probation granted to the defendant by the
15 court. Notwithstanding any other law, the court may order
16 continued probation for a defendant convicted under this
17 section for up to 10 years or until full restitution is made
18 to the victim, whichever occurs earlier.
19 (b) The court retains jurisdiction to enforce its
20 order to pay fines or restitution. The court may initiate
21 proceedings against a defendant for a violation of probation
22 or for contempt of court if the defendant willfully fails to
23 comply with a lawful order of the court.
24 Section 2. Section 910.15, Florida Statutes, is
25 amended to read:
26 910.15 Theft and fraudulent practices concerning
27 communication systems.--
28 (1) A person charged with committing:
29 (a) A fraudulent practice in a manner in which it may
30 reasonably be assumed that a communication made to facilitate
31 the fraudulent practice, solicitation or a false or misleading
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Bill No. SB 540
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1 representation, could or would be disseminated across
2 jurisdictional lines;, or
3 (b) A theft involving the use of the mail, telephone,
4 newspaper, radio, television, or other means of communication,
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6 may be tried in the county in which the dissemination
7 originated, in which the dissemination was made, or in which
8 any the last act necessary to consummate the offense occurred.
9 (2) For purposes of this section, if a communication
10 is made by or made available through the use of the Internet,
11 the communication was made in every county within the state.
12 Section 3. Paragraph (i) of subsection (3) of section
13 921.0022, Florida Statutes, is amended to read:
14 921.0022 Criminal Punishment Code; offense severity
15 ranking chart.--
16 (3) OFFENSE SEVERITY RANKING CHART
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18 Florida Felony
19 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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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.
7 755.0844 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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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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Amendment No. ___ Barcode 852020
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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SENATE AMENDMENT
Bill No. SB 540
Amendment No. ___ Barcode 852020
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 Delete everything before the enacting clause
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28 and insert:
29 A bill to be entitled
30 An act relating to criminal activities;
31 creating the White Collar Crime Victim
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SENATE AMENDMENT
Bill No. SB 540
Amendment No. ___ Barcode 852020
1 Protection Act; providing legislative intent;
2 providing definitions; specifying crimes and
3 acts that constitute a white collar crime;
4 providing that a person commits an aggravated
5 white collar crime if the white collar crime is
6 committed against certain persons or against a
7 state agency or political subdivision;
8 providing enhanced penalties for aggravated
9 white collar crimes; requiring that a defendant
10 convicted of an aggravated white collar crime
11 pay court costs and restitution; requiring that
12 payment of restitution be a condition of
13 probation; amending s. 910.15, F.S.; providing
14 that a communication made by or through the use
15 of the Internet was made in every county of the
16 state for purposes of prosecuting certain
17 fraudulent practices; amending s. 921.0022,
18 F.S.; adding certain aggravated white collar
19 crimes to the Criminal Punishment Code offense
20 severity ranking chart; providing for
21 severability; providing an effective date.
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