HB 1675

1	A bill to be entitled
2	An act relating to fraud; amending s. 775.0844, F.S.;
3	redefining the term "white collar crime" to include
4	Medicaid provider fraud; providing a minimum mandatory
5	term of imprisonment for committing an aggravated white
6	collar crime involving Medicaid provider fraud; amending
7	s. 921.0022, F.S., relating to the Criminal Punishment
8	Code; conforming provisions to changes made by the act;
9	creating s. 501.161, F.S.; prohibiting the sale or rental
10	of, or the offer to sell or rent, essential equipment,
11	commodities, or accommodation, as defined, during a
12	declared state of emergency for an unconscionable price
13	that is 110 percent or more of its average price for the
14	30 days immediately preceding the declaration of a state
15	of emergency; providing an exception; providing penalties;
16	providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Section 775.0844, Florida Statutes, is amended
21	to read:
22	775.0844  White Collar Crime Victim Protection Act.--
23	(1)  This section may be cited as the "White Collar Crime
24	Victim Protection Act."
25	(2)  Due to the frequency with which victims, particularly
26	elderly victims, are deceived and cheated by criminals who
27	commit nonviolent frauds and swindles, frequently through the
28	use of the Internet and other electronic technology and
29	frequently causing the loss of substantial amounts of property,
30	it is the intent of the Legislature to enhance the sanctions
31	imposed for nonviolent frauds and swindles, protect the public's
32	property, and assist in prosecuting white collar criminals.
33	(3)  As used in this section, "white collar crime" means:
34	(a)  The commission of, or a conspiracy to commit, any
35	felony offense specified in:
36	1.  Section 409.920, relating to Medicaid provider fraud.
37	2.1.  Chapter 560, relating to the Money Transmitters'
38	Code.
39	3.2.  Chapter 812, relating to theft, robbery, and related
40	crimes.
41	4.3.  Chapter 815, relating to computer-related crimes.
42	5.4.  Chapter 817, relating to fraudulent practices.
43	6.5.  Chapter 825, relating to abuse, neglect, and
44	exploitation of elderly persons and disabled adults.
45	7.6.  Chapter 831, relating to forgery and counterfeiting.
46	8.7.  Chapter 832, relating to the issuance of worthless
47	checks and drafts.
48	9.8.  Chapter 838, relating to bribery and misuse of public
49	office.
50	10.9.  Chapter 839, relating to offenses by public officers
51	and employees.
52	11.10.  Chapter 895, relating to offenses concerning
53	racketeering and illegal debts.
54	12.11.  Chapter 896, relating to offenses related to
55	financial transactions.
56	(b)  A felony offense that is committed with intent to
57	defraud or that involves a conspiracy to defraud.
58	(c)  A felony offense that is committed with intent to
59	temporarily or permanently deprive a person of his or her
60	property or that involves a conspiracy to temporarily or
61	permanently deprive a person of his or her property.
62	(d)  A felony offense that involves or results in the
63	commission of fraud or deceit upon a person or that involves a
64	conspiracy to commit fraud or deceit upon a person.
65	(4)  As used in this section, "aggravated white collar
66	crime" means engaging in at least two white collar crimes that
67	have the same or similar intents, results, accomplices, victims,
68	or methods of commission, or that are otherwise interrelated by
69	distinguishing characteristics and are not isolated incidents,
70	provided that at least one of the such crimes occurred after the
71	effective date of this act.
72	(5)  Any person who commits an aggravated white collar
73	crime as defined in this section and in so doing either:
74	(a)  Victimizes 10 or more elderly persons, as defined in
75	s. 825.101(5);
76	(b)  Victimizes 20 or more persons, as defined in s. 1.01;
77	or
78	(c)  Victimizes the State of Florida, any state agency, any
79	of the state's political subdivisions, or any agency of the
80	state's political subdivisions,
81
82	and thereby obtains or attempts to obtain $50,000 or more,
83	commits a felony of the first degree, punishable as provided in
84	s. 775.082, s. 775.083, or s. 775.084.
85	(6)  A person who commits an aggravated white collar crime
86	as defined in this section in which at least one of the white
87	collar crimes committed is a violation of s. 409.920 or is a
88	white collar crime in which intent to defraud is an element and
89	which, alone or in combination with another violation of s.
90	409.920 or a white collar crime in which intent to defraud is an
91	element, either:
92	(a)  Victimizes 20 or more persons, as defined in s. 1.01;
93	or
94	(b)  Victimizes the State of Florida, any state agency, any
95	of the state's political subdivisions, or any agency of the
96	state's political subdivisions,
97
98	commits a felony of the first degree, punishable as provided in
99	s. 775.082, s. 775.083, or s. 775.084, and the person shall be
100	sentenced to a minimum mandatory term of imprisonment of 10
101	years.
102	(7)(6)  Notwithstanding any other provision of chapter 921
103	or any other law, an aggravated white collar crime shall be
104	ranked within the offense severity ranking chart at offense
105	severity level 9.
106	(8)(7)  In addition to a sentence otherwise authorized by
107	law, a person convicted of an aggravated white collar crime is
108	subject to may pay a fine of $500,000 or double the value of the
109	pecuniary gain or loss, whichever is greater.
110	(9)(8)  A person convicted of an aggravated white collar
111	crime under this section is liable for all court costs and shall
112	pay restitution to each victim of the crime, regardless of
113	whether the victim is named in the information or indictment. As
114	used in this subsection, "victim" means a person directly and
115	proximately harmed as a result of the commission of the offense
116	for which restitution may be ordered, including any person
117	directly harmed by the defendant's criminal conduct in the
118	course of the commission of the aggravated white collar crime.
119	The court shall hold a hearing to determine the identity of
120	qualifying victims and shall order the defendant to pay
121	restitution based on his or her ability to pay, in accordance
122	with this section and s. 775.089.
123	(a)  The court shall make the payment of restitution a
124	condition of any probation granted to the defendant by the
125	court. Notwithstanding any other law, the court may order
126	continued probation for a defendant convicted under this section
127	for up to 10 years or until full restitution is made to the
128	victim, whichever occurs earlier.
129	(b)  The court retains jurisdiction to enforce its order to
130	pay fines or restitution. The court may initiate proceedings
131	against a defendant for a violation of probation or for contempt
132	of court if the defendant willfully fails to comply with a
133	lawful order of the court.
134	Section 2.  Paragraph (i) of subsection (3) of section
135	921.0022, Florida Statutes, is amended to read:
136	921.0022  Criminal Punishment Code; offense severity
137	ranking chart.--
138	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
139
	(i)  LEVEL 9
140
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
141
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
142
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
143
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
144
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
145
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
146
	775.0844(5)&(6) 1st Aggravated white collar crime.
147
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
148
	782.04(3) 1st,PBL robbery, burglary, and other specified felonies.
149
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
150
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
151
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
152
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
153
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
154
	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.
155
	790.161 1st Attempted capital destructive device offense.
156
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
157
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
158
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
159
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
160
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
161
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
162
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
163
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
164
	812.135(2)(b) 1st Home-invasion robbery with 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.  Section 501.161, Florida Statutes, is created
184	to read:
185	501.161  Price gouging during state of emergency;
186	penalties.--
187	(1)  As used in this section, the term:
188	(a)  "Essential equipment, commodities, or accommodation"
189	means any goods, services, materials, merchandise, supplies,
190	equipment, resources, or other article of commerce and includes,
191	without limitation, food, water, ice, chemicals, petroleum
192	products, and lumber necessary for consumption or use as a
193	direct result of an emergency. The term also includes any
194	temporary accommodation, such as a hotel, motel, other transient
195	lodging facility, or other residential accommodation, sought by
196	persons seeking shelter during the emergency.
197	(b)  "Price gouging" means knowingly renting or selling, or
198	attempting or offering to rent or sell, essential equipment,
199	commodities, or accommodation during a state of emergency
200	declared by the Governor for an unconscionable price that is 110
201	percent or more of the average price charged for such essential
202	equipment, commodities, or accommodation for the 30 days
203	immediately preceding the declaration of a state of emergency,
204	unless the increase is caused by actual costs incurred in
205	connection with the essential equipment, commodities, or
206	accommodation.
207	(2)  It is unlawful for any person to engage in price
208	gouging in this state.
209	(a)  Price gouging constitutes a misdemeanor of the second
210	degree, punishable as provided in s. 775.082 or s. 775.083, if
211	the offender receives less than $300, or receives no
212	consideration of any kind, for the essential equipment,
213	commodities, or accommodation.
214	(b)  Price gouging constitutes a misdemeanor of the first
215	degree, punishable as provided in s. 775.082 or s. 775.083, if
216	the offender receives $300 or more for the essential equipment,
217	commodities, or accommodation.
218	Section 4.  This act shall take effect July 1, 2005, and
219	shall apply to offenses committed on or after that date.

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