Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1652
                        Barcode 062858
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Commerce and Consumer Services (King)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 31, between lines 7 and 8,
16  
17  insert:  
18         Section 10.  For the purpose of incorporating the
19  amendment to section 895.02, Florida Statutes, in a reference
20  thereto, paragraph (a) of subsection (1) of section 16.56,
21  Florida Statutes, is reenacted to read:
22         16.56  Office of Statewide Prosecution.--
23         (1)  There is created in the Department of Legal
24  Affairs an Office of Statewide Prosecution.  The office shall
25  be a separate "budget entity" as that term is defined in
26  chapter 216.  The office may:
27         (a)  Investigate and prosecute the offenses of:
28         1.  Bribery, burglary, criminal usury, extortion,
29  gambling, kidnapping, larceny, murder, prostitution, perjury,
30  robbery, carjacking, and home-invasion robbery;
31         2.  Any crime involving narcotic or other dangerous
                                  1
    7:46 PM   03/14/05                              s1652.cm08.00k

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1652 Barcode 062858 1 drugs; 2 3. Any violation of the provisions of the Florida RICO 3 (Racketeer Influenced and Corrupt Organization) Act, including 4 any offense listed in the definition of racketeering activity 5 in s. 895.02(1)(a), providing such listed offense is 6 investigated in connection with a violation of s. 895.03 and 7 is charged in a separate count of an information or indictment 8 containing a count charging a violation of s. 895.03, the 9 prosecution of which listed offense may continue independently 10 if the prosecution of the violation of s. 895.03 is terminated 11 for any reason; 12 4. Any violation of the provisions of the Florida 13 Anti-Fencing Act; 14 5. Any violation of the provisions of the Florida 15 Antitrust Act of 1980, as amended; 16 6. Any crime involving, or resulting in, fraud or 17 deceit upon any person; 18 7. Any violation of s. 847.0135, relating to computer 19 pornography and child exploitation prevention, or any offense 20 related to a violation of s. 847.0135; 21 8. Any violation of the provisions of chapter 815; 22 9. Any criminal violation of part I of chapter 499; 23 10. Any violation of the provisions of the Florida 24 Motor Fuel Tax Relief Act of 2004; or 25 11. Any criminal violation of s. 409.920 or s. 26 409.9201; 27 28 or any attempt, solicitation, or conspiracy to commit any of 29 the crimes specifically enumerated above. The office shall 30 have such power only when any such offense is occurring, or 31 has occurred, in two or more judicial circuits as part of a 2 7:46 PM 03/14/05 s1652.cm08.00k
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1652 Barcode 062858 1 related transaction, or when any such offense is connected 2 with an organized criminal conspiracy affecting two or more 3 judicial circuits. 4 Section 11. For the purpose of incorporating the 5 amendment to section 895.02, Florida Statutes, in a reference 6 thereto, subsection (3)(g) of section 655.50, Florida 7 Statutes, is reenacted to read: 8 655.50 Florida Control of Money Laundering in 9 Financial Institutions Act; reports of transactions involving 10 currency or monetary instruments; when required; purpose; 11 definitions; penalties.-- 12 (3) As used in this section, the term: 13 (g) "Specified unlawful activity" means any 14 "racketeering activity" as defined in s. 895.02. 15 Section 12. For the purpose of incorporating the 16 amendment to section 895.02, Florida Statutes, in a reference 17 thereto, subsection (2)(g) of section 896.101, Florida 18 Statutes, is reenacted to read: 19 896.101 Florida Money Laundering Act; definitions; 20 penalties; injunctions; seizure warrants; immunity.-- 21 (2) As used in this section, the term: 22 (g) "Specified unlawful activity" means any 23 "racketeering activity" as defined in s. 895.02. 24 Section 13. For the purpose of incorporating the 25 amendment to section 895.02, Florida Statutes, in a reference 26 thereto, Section 905.34, Florida Statutes, is reenacted to 27 read: 28 905.34 Powers and duties; law applicable.--The 29 jurisdiction of a statewide grand jury impaneled under this 30 chapter shall extend throughout the state. The subject matter 31 jurisdiction of the statewide grand jury shall be limited to 3 7:46 PM 03/14/05 s1652.cm08.00k
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1652 Barcode 062858 1 the offenses of: 2 (1) Bribery, burglary, carjacking, home-invasion 3 robbery, criminal usury, extortion, gambling, kidnapping, 4 larceny, murder, prostitution, perjury, and robbery; 5 (2) Crimes involving narcotic or other dangerous 6 drugs; 7 (3) Any violation of the provisions of the Florida 8 RICO (Racketeer Influenced and Corrupt Organization) Act, 9 including any offense listed in the definition of racketeering 10 activity in s. 895.02(1)(a), providing such listed offense is 11 investigated in connection with a violation of s. 895.03 and 12 is charged in a separate count of an information or indictment 13 containing a count charging a violation of s. 895.03, the 14 prosecution of which listed offense may continue independently 15 if the prosecution of the violation of s. 895.03 is terminated 16 for any reason; 17 (4) Any violation of the provisions of the Florida 18 Anti-Fencing Act; 19 (5) Any violation of the provisions of the Florida 20 Antitrust Act of 1980, as amended; 21 (6) Any violation of the provisions of chapter 815; 22 (7) Any crime involving, or resulting in, fraud or 23 deceit upon any person; 24 (8) Any violation of s. 847.0135, s. 847.0137, or s. 25 847.0138 relating to computer pornography and child 26 exploitation prevention, or any offense related to a violation 27 of s. 847.0135, s. 847.0137, or s. 847.0138; 28 (9) Any criminal violation of part I of chapter 499; 29 or 30 (10) Any criminal violation of s. 409.920 or s. 31 409.9201; 4 7:46 PM 03/14/05 s1652.cm08.00k
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1652 Barcode 062858 1 2 or any attempt, solicitation, or conspiracy to commit any 3 violation of the crimes specifically enumerated above, when 4 any such offense is occurring, or has occurred, in two or more 5 judicial circuits as part of a related transaction or when any 6 such offense is connected with an organized criminal 7 conspiracy affecting two or more judicial circuits. The 8 statewide grand jury may return indictments and presentments 9 irrespective of the county or judicial circuit where the 10 offense is committed or triable. If an indictment is 11 returned, it shall be certified and transferred for trial to 12 the county where the offense was committed. The powers and 13 duties of, and law applicable to, county grand juries shall 14 apply to a statewide grand jury except when such powers, 15 duties, and law are inconsistent with the provisions of ss. 16 905.31-905.40. 17 18 (Redesignate subsequent sections.) 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 2, line 7, after the semicolon 24 25 insert: 26 reenacting s. 16.56(1)(a) and s. 905.34, F.S., 27 relating to the Office of Statewide Prosecution 28 and to the powers and duties of a statewide 29 grand jury, respectively, to incorporate the 30 amendment to s. 895.02, F.S., in a reference 31 thereto; reenacting ss. 655.50(3)(g) and 5 7:46 PM 03/14/05 s1652.cm08.00k
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1652 Barcode 062858 1 896.101(2)(g), relating to the Florida Control 2 of Money Laundering in the Financial 3 Institutions Act and the Florida Money 4 Laundering Act, respectively, to incorporate 5 the amendment to s. 895.02, F.S., in a 6 reference thereto; 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7:46 PM 03/14/05 s1652.cm08.00k