HB 1525

CS

CHAMBER ACTION

1	The Committee on Appropriations recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to aggravated white collar crime; amending
7	s. 775.0844, F.S.; including Medicaid provider fraud
8	within the definition of a white collar crime; providing
9	criminal penalties; providing a minimum mandatory term of
10	imprisonment for committing an aggravated white collar
11	crime involving Medicaid provider fraud, or an intent to
12	defraud, and involving a specified number of persons or
13	the state or a political subdivision thereof; amending s.
14	921.0022, F.S.; revising provisions related to the offense
15	severity ranking chart of the Criminal Punishment Code, to
16	conform; providing applicability; providing an effective
17	date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 775.0844, Florida Statutes, is amended
22	to read:
23	775.0844  White Collar Crime Victim Protection Act.--
24	(1)  This section may be cited as the "White Collar Crime
25	Victim Protection Act."
26	(2)  Due to the frequency with which victims, particularly
27	elderly victims, are deceived and cheated by criminals who
28	commit nonviolent frauds and swindles, frequently through the
29	use of the Internet and other electronic technology and
30	frequently causing the loss of substantial amounts of property,
31	it is the intent of the Legislature to enhance the sanctions
32	imposed for nonviolent frauds and swindles, protect the public's
33	property, and assist in prosecuting white collar criminals.
34	(3)  As used in this section, "white collar crime" means:
35	(a)  The commission of, or a conspiracy to commit, any
36	felony offense specified in:
37	1.  Section 409.920, relating to Medicaid provider fraud.
38	2.1.  Chapter 560, relating to the Money Transmitters'
39	Code.
40	3.2.  Chapter 812, relating to theft, robbery, and related
41	crimes.
42	4.3.  Chapter 815, relating to computer-related crimes.
43	5.4.  Chapter 817, relating to fraudulent practices.
44	6.5.  Chapter 825, relating to abuse, neglect, and
45	exploitation of elderly persons and disabled adults.
46	7.6.  Chapter 831, relating to forgery and counterfeiting.
47	8.7.  Chapter 832, relating to the issuance of worthless
48	checks and drafts.
49	9.8.  Chapter 838, relating to bribery and misuse of public
50	office.
51	10.9.  Chapter 839, relating to offenses by public officers
52	and employees.
53	11.10.  Chapter 895, relating to offenses concerning
54	racketeering and illegal debts.
55	12.11.  Chapter 896, relating to offenses related to
56	financial transactions.
57	(b)  A felony offense that is committed with intent to
58	defraud or that involves a conspiracy to defraud.
59	(c)  A felony offense that is committed with intent to
60	temporarily or permanently deprive a person of his or her
61	property or that involves a conspiracy to temporarily or
62	permanently deprive a person of his or her property.
63	(d)  A felony offense that involves or results in the
64	commission of fraud or deceit upon a person or that involves a
65	conspiracy to commit fraud or deceit upon a person.
66	(4)  As used in this section, "aggravated white collar
67	crime" means engaging in at least two white collar crimes that
68	have the same or similar intents, results, accomplices, victims,
69	or methods of commission, or that are otherwise interrelated by
70	distinguishing characteristics and are not isolated incidents,
71	provided that at least one of the such crimes occurred after the
72	effective date of this act.
73	(5)  Any person who commits an aggravated white collar
74	crime as defined in this section and in so doing either:
75	(a)  Victimizes 10 or more elderly persons, as defined in
76	s. 825.101(5);
77	(b)  Victimizes 20 or more persons, as defined in s. 1.01;
78	or
79	(c)  Victimizes the State of Florida, any state agency, any
80	of the state's political subdivisions, or any agency of the
81	state's political subdivisions,
82
83	and thereby obtains or attempts to obtain $50,000 or more,
84	commits a felony of the first degree, punishable as provided in
85	s. 775.082, s. 775.083, or s. 775.084.
86	(6)  A person who commits an aggravated white collar crime
87	as defined in this section in which at least one of the white
88	collar crimes committed is a violation of s. 409.920 or is a
89	white collar crime in which an intent to defraud is an element,
90	and which, alone or in combination with another violation of s.
91	409.920 or a white collar crime in which an intent to defraud is
92	an element:
93	(a)  Victimizes 20 or more persons, as defined in s. 1.01;
94	or
95	(b)  Victimizes the State of Florida, any state agency, any
96	of the state's political subdivisions, or any agency of the
97	state's political subdivisions,
98
99	commits a felony of the first degree, punishable as provided in
100	s. 775.082, s. 775.083, or s. 775.084, and such person shall be
101	sentenced to a minimum mandatory period of incarceration of 10
102	years.
103	(7)(6)  Notwithstanding any other provision of chapter 921
104	or any other law, an aggravated white collar crime shall be
105	ranked within the offense severity ranking chart at offense
106	severity level 9.
107	(8)(7)  In addition to a sentence otherwise authorized by
108	law, a person convicted of an aggravated white collar crime may
109	pay a fine of $500,000 or double the value of the pecuniary gain
110	or loss, whichever is greater.
111	(9)(8)  A person convicted of an aggravated white collar
112	crime under this section is liable for all court costs and shall
113	pay restitution to each victim of the crime, regardless of
114	whether the victim is named in the information or indictment. As
115	used in this subsection, "victim" means a person directly and
116	proximately harmed as a result of the commission of the offense
117	for which restitution may be ordered, including any person
118	directly harmed by the defendant's criminal conduct in the
119	course of the commission of the aggravated white collar crime.
120	The court shall hold a hearing to determine the identity of
121	qualifying victims and shall order the defendant to pay
122	restitution based on his or her ability to pay, in accordance
123	with this section and s. 775.089.
124	(a)  The court shall make the payment of restitution a
125	condition of any probation granted to the defendant by the
126	court. Notwithstanding any other law, the court may order
127	continued probation for a defendant convicted under this section
128	for up to 10 years or until full restitution is made to the
129	victim, whichever occurs earlier.
130	(b)  The court retains jurisdiction to enforce its order to
131	pay fines or restitution. The court may initiate proceedings
132	against a defendant for a violation of probation or for contempt
133	of court if the defendant willfully fails to comply with a
134	lawful order of the court.
135	Section 2.  Paragraph (i) of subsection (3) of section
136	921.0022, Florida Statutes, is amended to read:
137	921.0022  Criminal Punishment Code; offense severity
138	ranking chart.--
139	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
140
	(i)  LEVEL 9
141
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
142
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
143
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
144
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
145
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
146
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
147
	775.0844(5) & (6) 1st Aggravated white collar crime.
148
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
149
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
150
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
151
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
152
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
153
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
154
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
155
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
156
	790.161 1st Attempted capital destructive device offense.
157
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
158
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
159
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
160
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
161
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
162
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
163
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
164
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
165
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
166
	827.03(2) 1st Aggravated child abuse.
167
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
168
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
169
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
170
	893.135 1st Attempted capital trafficking offense.
171
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
172
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
173
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
174
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
175
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
176
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
177
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
178
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
179
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
180
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
181
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
182
183	Section 3.  This act shall take effect July 1, 2004, and
184	shall apply to offenses committed on or after that date.

CODING: Words stricken are deletions; words underlined are additions.