Senate Bill sb2782c1
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Florida Senate - 2004 CS for SB 2782
By the Committee on Criminal Justice; and Senator Bennett
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1 A bill to be entitled
2 An act relating to aggravated white collar
3 crime; amending s. 775.0844, F.S.; including
4 Medicaid provider fraud within the definition
5 of a white collar crime; providing a minimum
6 mandatory term of imprisonment for committing
7 an aggravated white collar crime involving
8 Medicaid provider fraud, or an intent to
9 defraud, and involving a specified number of
10 persons or the state or a political subdivision
11 thereof; amending s. 921.0022, F.S., relating
12 to the Criminal Punishment Code; conforming
13 provisions to changes made by the act;
14 providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 775.0844, Florida Statutes, is
19 amended to read:
20 775.0844 White Collar Crime Victim Protection Act.--
21 (1) This section may be cited as the "White Collar
22 Crime Victim Protection Act."
23 (2) Due to the frequency with which victims,
24 particularly elderly victims, are deceived and cheated by
25 criminals who commit nonviolent frauds and swindles,
26 frequently through the use of the Internet and other
27 electronic technology and frequently causing the loss of
28 substantial amounts of property, it is the intent of the
29 Legislature to enhance the sanctions imposed for nonviolent
30 frauds and swindles, protect the public's property, and assist
31 in prosecuting white collar criminals.
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1 (3) As used in this section, "white collar crime"
2 means:
3 (a) The commission of, or a conspiracy to commit, any
4 felony offense specified in:
5 1. Section 409.920, relating to Medicaid provider
6 fraud.
7 2.1. Chapter 560, relating to the Money Transmitters'
8 Code.
9 3.2. Chapter 812, relating to theft, robbery, and
10 related crimes.
11 4.3. Chapter 815, relating to computer-related crimes.
12 5.4. Chapter 817, relating to fraudulent practices.
13 6.5. Chapter 825, relating to abuse, neglect, and
14 exploitation of elderly persons and disabled adults.
15 7.6. Chapter 831, relating to forgery and
16 counterfeiting.
17 8.7. Chapter 832, relating to the issuance of
18 worthless checks and drafts.
19 9.8. Chapter 838, relating to bribery and misuse of
20 public office.
21 10.9. Chapter 839, relating to offenses by public
22 officers and employees.
23 11.10. Chapter 895, relating to offenses concerning
24 racketeering and illegal debts.
25 12.11. Chapter 896, relating to offenses related to
26 financial transactions.
27 (b) A felony offense that is committed with intent to
28 defraud or that involves a conspiracy to defraud.
29 (c) A felony offense that is committed with intent to
30 temporarily or permanently deprive a person of his or her
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Florida Senate - 2004 CS for SB 2782
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1 property or that involves a conspiracy to temporarily or
2 permanently deprive a person of his or her property.
3 (d) A felony offense that involves or results in the
4 commission of fraud or deceit upon a person or that involves a
5 conspiracy to commit fraud or deceit upon a person.
6 (4) As used in this section, "aggravated white collar
7 crime" means engaging in at least two white collar crimes that
8 have the same or similar intents, results, accomplices,
9 victims, or methods of commission, or that are otherwise
10 interrelated by distinguishing characteristics and are not
11 isolated incidents, provided that at least one of the such
12 crimes occurred after the effective date of this act.
13 (5) Any person who commits an aggravated white collar
14 crime as defined in this section and in so doing either:
15 (a) Victimizes 10 or more elderly persons, as defined
16 in s. 825.101(5);
17 (b) Victimizes 20 or more persons, as defined in s.
18 1.01; or
19 (c) Victimizes the State of Florida, any state agency,
20 any of the state's political subdivisions, or any agency of
21 the state's political subdivisions,
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23 and thereby obtains or attempts to obtain $50,000 or more,
24 commits a felony of the first degree, punishable as provided
25 in s. 775.082, s. 775.083, or s. 775.084.
26 (6) A person who commits an aggravated white collar
27 crime as defined in this section in which at least one of the
28 white collar crimes committed is a violation of s. 409.920 or
29 is a white collar crime in which intent to defraud is an
30 element, and which, alone or in combination with another
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1 violation of s. 409.920 or a white collar crime in which
2 intent to defraud is an element, either:
3 (a) Victimizes 20 or more persons, as defined in s.
4 1.01; or
5 (b) Victimizes the State of Florida, any state agency,
6 any of the state's political subdivisions, or any agency of
7 the state's political subdivisions,
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9 commits a felony of the first degree, punishable as provided
10 in s. 775.082, s. 775.083, or s. 775.084, and such person
11 shall be sentenced to a minimum mandatory term of imprisonment
12 of 10 years.
13 (7)(6) Notwithstanding any other provision of chapter
14 921 or any other law, an aggravated white collar crime shall
15 be ranked within the offense severity ranking chart at offense
16 severity level 9.
17 (8)(7) In addition to a sentence otherwise authorized
18 by law, a person convicted of an aggravated white collar crime
19 may pay a fine of $500,000 or double the value of the
20 pecuniary gain or loss, whichever is greater.
21 (9)(8) A person convicted of an aggravated white
22 collar crime under this section is liable for all court costs
23 and shall pay restitution to each victim of the crime,
24 regardless of whether the victim is named in the information
25 or indictment. As used in this subsection, "victim" means a
26 person directly and proximately harmed as a result of the
27 commission of the offense for which restitution may be
28 ordered, including any person directly harmed by the
29 defendant's criminal conduct in the course of the commission
30 of the aggravated white collar crime. The court shall hold a
31 hearing to determine the identity of qualifying victims and
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1 shall order the defendant to pay restitution based on his or
2 her ability to pay, in accordance with this section and s.
3 775.089.
4 (a) The court shall make the payment of restitution a
5 condition of any probation granted to the defendant by the
6 court. Notwithstanding any other law, the court may order
7 continued probation for a defendant convicted under this
8 section for up to 10 years or until full restitution is made
9 to the victim, whichever occurs earlier.
10 (b) The court retains jurisdiction to enforce its
11 order to pay fines or restitution. The court may initiate
12 proceedings against a defendant for a violation of probation
13 or for contempt of court if the defendant willfully fails to
14 comply with a lawful order of the court.
15 Section 2. Paragraph (i) of subsection (3) of section
16 921.0022, Florida Statutes, is amended to read:
17 921.0022 Criminal Punishment Code; offense severity
18 ranking chart.--
19 (3) OFFENSE SEVERITY RANKING CHART
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21 Florida Felony
22 Statute Degree Description
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24 (i) LEVEL 9
25 316.193
26 (3)(c)3.b. 1st DUI manslaughter; failing to
27 render aid or give information.
28 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
29 render aid or give information.
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1 499.0053 1st Sale or purchase of contraband
2 legend drugs resulting in great
3 bodily harm.
4 560.123(8)(b)3. 1st Failure to report currency or
5 payment instruments totaling or
6 exceeding $100,000 by money
7 transmitter.
8 560.125(5)(c) 1st Money transmitter business by
9 unauthorized person, currency, or
10 payment instruments totaling or
11 exceeding $100,000.
12 655.50(10)(b)3. 1st Failure to report financial
13 transactions totaling or
14 exceeding $100,000 by financial
15 institution.
16 775.0844(5)&(6) 1st Aggravated white collar crime.
17 782.04(1) 1st Attempt, conspire, or solicit to
18 commit premeditated murder.
19 782.04(3) 1st,PBL Accomplice to murder in
20 connection with arson, sexual
21 battery, robbery, burglary, and
22 other specified felonies.
23 782.051(1) 1st Attempted felony murder while
24 perpetrating or attempting to
25 perpetrate a felony enumerated in
26 s. 782.04(3).
27 782.07(2) 1st Aggravated manslaughter of an
28 elderly person or disabled adult.
29 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
30 reward or as a shield or hostage.
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1 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
2 or facilitate commission of any
3 felony.
4 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
5 interfere with performance of any
6 governmental or political
7 function.
8 787.02(3)(a) 1st False imprisonment; child under
9 age 13; perpetrator also commits
10 aggravated child abuse, sexual
11 battery, or lewd or lascivious
12 battery, molestation, conduct, or
13 exhibition.
14 790.161 1st Attempted capital destructive
15 device offense.
16 790.166(2) 1st,PBL Possessing, selling, using, or
17 attempting to use a weapon of
18 mass destruction.
19 794.011(2) 1st Attempted sexual battery; victim
20 less than 12 years of age.
21 794.011(2) Life Sexual battery; offender younger
22 than 18 years and commits sexual
23 battery on a person less than 12
24 years.
25 794.011(4) 1st Sexual battery; victim 12 years
26 or older, certain circumstances.
27 794.011(8)(b) 1st Sexual battery; engage in sexual
28 conduct with minor 12 to 18 years
29 by person in familial or
30 custodial authority.
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1 800.04(5)(b) 1st Lewd or lascivious molestation;
2 victim less than 12 years;
3 offender 18 years or older.
4 812.13(2)(a) 1st,PBL Robbery with firearm or other
5 deadly weapon.
6 812.133(2)(a) 1st,PBL Carjacking; firearm or other
7 deadly weapon.
8 817.568(7) 2nd,PBL Fraudulent use of personal
9 identification information of an
10 individual under the age of 18 by
11 his or her parent, legal
12 guardian, or person exercising
13 custodial authority.
14 827.03(2) 1st Aggravated child abuse.
15 847.0145(1) 1st Selling, or otherwise
16 transferring custody or control,
17 of a minor.
18 847.0145(2) 1st Purchasing, or otherwise
19 obtaining custody or control, of
20 a minor.
21 859.01 1st Poisoning or introducing
22 bacteria, radioactive materials,
23 viruses, or chemical compounds
24 into food, drink, medicine, or
25 water with intent to kill or
26 injure another person.
27 893.135 1st Attempted capital trafficking
28 offense.
29 893.135(1)(a)3. 1st Trafficking in cannabis, more
30 than 10,000 lbs.
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1 893.135
2 (1)(b)1.c. 1st Trafficking in cocaine, more than
3 400 grams, less than 150
4 kilograms.
5 893.135
6 (1)(c)1.c. 1st Trafficking in illegal drugs,
7 more than 28 grams, less than 30
8 kilograms.
9 893.135
10 (1)(d)1.c. 1st Trafficking in phencyclidine,
11 more than 400 grams.
12 893.135
13 (1)(e)1.c. 1st Trafficking in methaqualone, more
14 than 25 kilograms.
15 893.135
16 (1)(f)1.c. 1st Trafficking in amphetamine, more
17 than 200 grams.
18 893.135
19 (1)(h)1.c. 1st Trafficking in
20 gamma-hydroxybutyric acid (GHB),
21 10 kilograms or more.
22 893.135
23 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
24 kilograms or more.
25 893.135
26 (1)(k)2.c. 1st Trafficking in Phenethylamines,
27 400 grams or more.
28 896.101(5)(c) 1st Money laundering, financial
29 instruments totaling or exceeding
30 $100,000.
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1 896.104(4)(a)3. 1st Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $100,000.
6 Section 3. This act shall take effect July 1, 2004.
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8 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 Senate Bill 2782
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11 - Provides that it is a first degree felony, ranked as a
Level 9 offense, which is punishable by a 10-year minimum
12 mandatory sentence, to commit aggravated white collar
crime in which at least one of the offenses is a
13 violation of s. 409.920, F.S. (Medicaid provider fraud),
or a white collar crime in which intent to defraud is an
14 element, and which, alone or in combination with another
violation of s. 409.920, F.S., or a white collar crime in
15 which intent to defraud is an element, either victimizes
20 or more persons, or victimizes the State, its
16 political subdivisions, or an agency of the State or its
subdivisions.
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- Adds reference to s. 409.920, F.S., relating to Medicaid
18 provider fraud, to the definition of "white collar crime"
under s. 775.0844, F.S.
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