| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to fraud; amending s. 775.0844, F.S.; |
| 7 | redefining the term "white collar crime" to include |
| 8 | Medicaid provider fraud; providing a minimum mandatory |
| 9 | term of imprisonment for committing an aggravated white |
| 10 | collar crime involving Medicaid provider fraud; amending |
| 11 | s. 921.0022, F.S., relating to the Criminal Punishment |
| 12 | Code; conforming provisions to changes made by the act; |
| 13 | providing applicability; providing an effective date. |
| 14 |
|
| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 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 intent to defraud is an element and |
| 86 | which, alone or in combination with another violation of s. |
| 87 | 409.920 or a white collar crime in which intent to defraud is an |
| 88 | element, either: |
| 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 the person shall be |
| 97 | sentenced to a minimum mandatory term of imprisonment 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 is |
| 105 | subject to may pay a fine of $500,000 or double the value of the |
| 106 | pecuniary gain 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 |
| 136 |
|
| | | FloridaStatute | FelonyDegree | Description |
|
| 137 |
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| | |
| 138 |
|
| | | 316.193(3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
|
| 139 |
|
| | | 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
|
| 140 |
|
| | | 499.0053 | 1st | Sale or purchase of contraband legend drugs resulting in great bodily harm. |
|
| 141 |
|
| | | 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
|
| 142 |
|
| | | 560.125(5)(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
|
| 143 |
|
| | | 655.50(10)(b)3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
|
| 144 |
|
| | | 775.0844(5) & (6) | 1st | Aggravated white collar crime. |
|
| 145 |
|
| | | 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
|
| 146 |
|
| | | 782.04(3) | 1st,PBL | robbery, burglary, and other specified felonies. |
|
| 147 |
|
| | | 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
|
| 148 |
|
| | | 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
|
| 149 |
|
| | | 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
|
| 150 |
|
| | | 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
|
| 151 |
|
| | | 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
|
| 152 |
|
| | | 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. |
|
| 153 |
|
| | | 790.161 | 1st | Attempted capital destructive device offense. |
|
| 154 |
|
| | | 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
|
| 155 |
|
| | | 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
|
| 156 |
|
| | | 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
|
| 157 |
|
| | | 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
|
| 158 |
|
| | | 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
|
| 159 |
|
| | | 800.04(5)(b) | 1st | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
|
| 160 |
|
| | | 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon. |
|
| 161 |
|
| | | 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon. |
|
| 162 |
|
| | | 812.135(2)(b) | 1st | Home-invasion robbery with weapon. |
|
| 163 |
|
| | | 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. |
|
| 164 |
|
| | | 827.03(2) | 1st | Aggravated child abuse. |
|
| 165 |
|
| | | 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
|
| 166 |
|
| | | 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
|
| 167 |
|
| | | 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. |
|
| 168 |
|
| | | 893.135 | 1st | Attempted capital trafficking offense. |
|
| 169 |
|
| | | 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
|
| 170 |
|
| | | 893.135(1)(b)1.c. | 1st | Trafficking in cocaine, more than 400 grams, less than 150 kilograms. |
|
| 171 |
|
| | | 893.135(1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
|
| 172 |
|
| | | 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
|
| 173 |
|
| | | 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
|
| 174 |
|
| | | 893.135(1)(f)1.c. | 1st | Trafficking in amphetamine, more than 200 grams. |
|
| 175 |
|
| | | 893.135(1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. |
|
| 176 |
|
| | | 893.135(1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 10 kilograms or more. |
|
| 177 |
|
| | | 893.135(1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
|
| 178 |
|
| | | 896.101(5)(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
|
| 179 |
|
| | | 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
|
| 180 |
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| 181 | Section 3. This act shall take effect July 1, 2005, and |
| 182 | shall apply to offenses committed on or after that date. |