HB 1525

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

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