Senate Bill sb0540e1

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    SB 540                                         First Engrossed



  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; amending s. 921.0022,

21         F.S.; adding certain aggravated white collar

22         crimes to the Criminal Punishment Code offense

23         severity ranking chart; providing for

24         severability; providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Section 775.0844, Florida Statutes, is

29  created to read:

30         775.0844  White Collar Crime Victim Protection Act.--

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    SB 540                                         First Engrossed



  1         (1)  This section may be cited as the "White Collar

  2  Crime Victim Protection Act."

  3         (2)  Due to the frequency with which victims,

  4  particularly elderly victims, are deceived and cheated by

  5  criminals who commit nonviolent frauds and swindles,

  6  frequently through the use of the Internet and other

  7  electronic technology and frequently causing the loss of

  8  substantial amounts of property, it is the intent of the

  9  Legislature to enhance the sanctions imposed for nonviolent

10  frauds and swindles, protect the public's property, and assist

11  in prosecuting white collar criminals.

12         (3)  As used in this section, "white collar crime"

13  means:

14         (a)  The commission of, or a conspiracy to commit, any

15  felony offense specified in:

16         1.  Chapter 560, relating to the Money Transmitters'

17  Code.

18         2.  Chapter 812, relating to theft, robbery, and

19  related crimes.

20         3.  Chapter 815, relating to computer-related crimes.

21         4.  Chapter 817, relating to fraudulent practices.

22         5.  Chapter 825, relating to abuse, neglect, and

23  exploitation of elderly persons and disabled adults.

24         6.  Chapter 831, relating to forgery and

25  counterfeiting.

26         7.  Chapter 832, relating to the issuance of worthless

27  checks and drafts.

28         8.  Chapter 838, relating to bribery and misuse of

29  public office.

30         9.  Chapter 839, relating to offenses by public

31  officers and employees.


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    SB 540                                         First Engrossed



  1         10.  Chapter 895, relating to offenses concerning

  2  racketeering and illegal debts.

  3         11.  Chapter 896, relating to offenses related to

  4  financial transactions.

  5         (b)  A felony offense that is committed with intent to

  6  defraud or that involves a conspiracy to defraud.

  7         (c)  A felony offense that is committed with intent to

  8  temporarily or permanently deprive a person of his or her

  9  property or that involves a conspiracy to temporarily or

10  permanently deprive a person of his or her property.

11         (d)  A felony offense that involves or results in the

12  commission of fraud or deceit upon a person or that involves a

13  conspiracy to commit fraud or deceit upon a person.

14         (4)  As used in this section, "aggravated white collar

15  crime" means engaging in at least two white collar crimes that

16  have the same or similar intents, results, accomplices,

17  victims, or methods of commission, or that are otherwise

18  interrelated by distinguishing characteristics and are not

19  isolated incidents, provided that at least one of such crimes

20  occurred after the effective date of this act.

21         (5)  Any person who commits an aggravated white collar

22  crime as defined in this section and in so doing either:

23         (a)  Victimizes 10 or more elderly persons, as defined

24  in s. 825.101(5);

25         (b)  Victimizes 20 or more persons, as defined in s.

26  1.01; or

27         (c)  Victimizes the State of Florida, any state agency,

28  any of the state's political subdivisions, or any agency of

29  the state's political subdivisions,

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    SB 540                                         First Engrossed



  1  and thereby obtains or attempts to obtain $50,000 or more,

  2  commits a felony of the first degree, punishable as provided

  3  in s. 775.082, s. 775.083, or 775.084.

  4         (6)  Notwithstanding any other provision of chapter 921

  5  or any other law, an aggravated white collar crime shall be

  6  ranked within the offense severity ranking chart at offense

  7  severity level 9.

  8         (7)  In addition to a sentence otherwise authorized by

  9  law, a person convicted of an aggravated white collar crime

10  may pay a fine of $500,000 or double the value of the

11  pecuniary gain or loss, whichever is greater.

12         (8)  A person convicted of an aggravated white collar

13  crime under this section is liable for all court costs and

14  shall pay restitution to each victim of the crime, regardless

15  of whether the victim is named in the information or

16  indictment. As used in this subsection, "victim" means a

17  person directly and proximately harmed as a result of the

18  commission of the offense for which restitution may be

19  ordered, including any person directly harmed by the

20  defendant's criminal conduct in the course of the commission

21  of the aggravated white collar crime. The court shall hold a

22  hearing to determine the identity of qualifying victims and

23  shall order the defendant to pay restitution based on his or

24  her ability to pay, in accordance with this section and s.

25  775.089.

26         (a)  The court shall make the payment of restitution a

27  condition of any probation granted to the defendant by the

28  court. Notwithstanding any other law, the court may order

29  continued probation for a defendant convicted under this

30  section for up to 10 years or until full restitution is made

31  to the victim, whichever occurs earlier.


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    SB 540                                         First Engrossed



  1         (b)  The court retains jurisdiction to enforce its

  2  order to pay fines or restitution. The court may initiate

  3  proceedings against a defendant for a violation of probation

  4  or for contempt of court if the defendant willfully fails to

  5  comply with a lawful order of the court.

  6         Section 2.  Section 910.15, Florida Statutes, is

  7  amended to read:

  8         910.15  Theft and fraudulent practices concerning

  9  communication systems.--

10         (1)  A person charged with committing:

11         (a)  A fraudulent practice in a manner in which it may

12  reasonably be assumed that a communication made to facilitate

13  the fraudulent practice, solicitation or a false or misleading

14  representation, could or would be disseminated across

15  jurisdictional lines;, or

16         (b)  A theft involving the use of the mail, telephone,

17  newspaper, radio, television, or other means of communication,

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19  may be tried in the county in which the dissemination

20  originated, in which the dissemination was made, or in which

21  any the last act necessary to consummate the offense occurred.

22         (2)  For purposes of this section, if a communication

23  is made by or made available through the use of the Internet,

24  the communication was made in every county within the state.

25         Section 3.  Paragraph (i) of subsection (3) of section

26  921.0022, Florida Statutes, is amended to read:

27         921.0022  Criminal Punishment Code; offense severity

28  ranking chart.--

29         (3)  OFFENSE SEVERITY RANKING CHART

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    SB 540                                         First Engrossed



  1  Florida           Felony

  2  Statute           Degree             Description

  3

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  5                              (i)  LEVEL 9

  6  316.193

  7   (3)(c)3.b.        1st      DUI manslaughter; failing to

  8                              render aid or give information.

  9  560.123(8)(b)3.    1st      Failure to report currency or

10                              payment instruments totaling or

11                              exceeding $100,000 by money

12                              transmitter.

13  560.125(5)(c)      1st      Money transmitter business by

14                              unauthorized person, currency, or

15                              payment instruments totaling or

16                              exceeding $100,000.

17  655.50(10)(b)3.    1st      Failure to report financial

18                              transactions totaling or

19                              exceeding $100,000 by financial

20                              institution.

21  755.0844           1st      Aggravated white collar crime.

22  782.04(1)          1st      Attempt, conspire, or solicit to

23                              commit premeditated murder.

24  782.04(3)          1st,PBL   Accomplice to murder in

25                              connection with arson, sexual

26                              battery, robbery, burglary, and

27                              other specified felonies.

28  782.051(1)         1st      Attempted felony murder while

29                              perpetrating or attempting to

30                              perpetrate a felony enumerated in

31                              s. 782.04(3).


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    SB 540                                         First Engrossed



  1  782.07(2)          1st      Aggravated manslaughter of an

  2                              elderly person or disabled adult.

  3  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

  4                              reward or as a shield or hostage.

  5  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

  6                              or facilitate commission of any

  7                              felony.

  8  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

  9                              interfere with performance of any

10                              governmental or political

11                              function.

12  787.02(3)(a)       1st      False imprisonment; child under

13                              age 13; perpetrator also commits

14                              aggravated child abuse, sexual

15                              battery, or lewd or lascivious

16                              battery, molestation, conduct, or

17                              exhibition.

18  790.161            1st      Attempted capital destructive

19                              device offense.

20  790.166(2)         1st,PBL  Possessing, selling, using, or

21                              attempting to use a weapon of

22                              mass destruction.

23  794.011(2)         1st      Attempted sexual battery; victim

24                              less than 12 years of age.

25  794.011(2)         Life     Sexual battery; offender younger

26                              than 18 years and commits sexual

27                              battery on a person less than 12

28                              years.

29  794.011(4)         1st      Sexual battery; victim 12 years

30                              or older, certain circumstances.

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    SB 540                                         First Engrossed



  1  794.011(8)(b)      1st      Sexual battery; engage in sexual

  2                              conduct with minor 12 to 18 years

  3                              by person in familial or

  4                              custodial authority.

  5  800.04(5)(b)       1st      Lewd or lascivious molestation;

  6                              victim less than 12 years;

  7                              offender 18 years or older.

  8  812.13(2)(a)       1st,PBL  Robbery with firearm or other

  9                              deadly weapon.

10  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

11                              deadly weapon.

12  827.03(2)          1st      Aggravated child abuse.

13  847.0145(1)        1st      Selling, or otherwise

14                              transferring custody or control,

15                              of a minor.

16  847.0145(2)        1st      Purchasing, or otherwise

17                              obtaining custody or control, of

18                              a minor.

19  859.01             1st      Poisoning food, drink, medicine,

20                              or water with intent to kill or

21                              injure another person.

22  893.135            1st      Attempted capital trafficking

23                              offense.

24  893.135(1)(a)3.    1st      Trafficking in cannabis, more

25                              than 10,000 lbs.

26  893.135

27   (1)(b)1.c.        1st      Trafficking in cocaine, more than

28                              400 grams, less than 150

29                              kilograms.

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    SB 540                                         First Engrossed



  1  893.135

  2   (1)(c)1.c.        1st      Trafficking in illegal drugs,

  3                              more than 28 grams, less than 30

  4                              kilograms.

  5  893.135

  6   (1)(d)1.c.        1st      Trafficking in phencyclidine,

  7                              more than 400 grams.

  8  893.135

  9   (1)(e)1.c.        1st      Trafficking in methaqualone, more

10                              than 25 kilograms.

11  893.135

12   (1)(f)1.c.        1st      Trafficking in amphetamine, more

13                              than 200 grams.

14  893.135

15   (1)(h)1.c.        1st      Trafficking in

16                              gamma-hydroxybutyric acid (GHB),

17                              10 kilograms or more.

18  893.135

19   (1)(i)1.c.        1st      Trafficking in 1,4-Butanediol, 10

20                              kilograms or more.

21  893.135

22   (1)(j)2.c.        1st      Trafficking in Phenethylamines,

23                              400 grams or more.

24  896.101(5)(c)      1st      Money laundering, financial

25                              instruments totaling or exceeding

26                              $100,000.

27  896.104(4)(a)3.    1st      Structuring transactions to evade

28                              reporting or registration

29                              requirements, financial

30                              transactions totaling or

31                              exceeding $100,000.


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    SB 540                                         First Engrossed



  1         Section 4.  If any provision of this act or its

  2  application to any person or circumstance is held invalid, the

  3  invalidity does not affect other provisions or applications of

  4  the act which can be given effect without the invalid

  5  provision or application, and to this end the provisions of

  6  this act are severable.

  7         Section 5.  This act shall take effect July 1, 2001.

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