HB 1675CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to fraud; amending s. 775.0844, F.S.;
7redefining the term "white collar crime" to include
8Medicaid provider fraud; providing a minimum mandatory
9term of imprisonment for committing an aggravated white
10collar crime involving Medicaid provider fraud; amending
11s. 921.0022, F.S., relating to the Criminal Punishment
12Code; conforming provisions to changes made by the act;
13providing applicability; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 775.0844, Florida Statutes, is amended
18to read:
19     775.0844  White Collar Crime Victim Protection Act.--
20     (1)  This section may be cited as the "White Collar Crime
21Victim Protection Act."
22     (2)  Due to the frequency with which victims, particularly
23elderly victims, are deceived and cheated by criminals who
24commit nonviolent frauds and swindles, frequently through the
25use of the Internet and other electronic technology and
26frequently causing the loss of substantial amounts of property,
27it is the intent of the Legislature to enhance the sanctions
28imposed for nonviolent frauds and swindles, protect the public's
29property, 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
32felony offense specified in:
33     1.  Section 409.920, relating to Medicaid provider fraud.
34     2.1.  Chapter 560, relating to the Money Transmitters'
35Code.
36     3.2.  Chapter 812, relating to theft, robbery, and related
37crimes.
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
41exploitation 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
44checks and drafts.
45     9.8.  Chapter 838, relating to bribery and misuse of public
46office.
47     10.9.  Chapter 839, relating to offenses by public officers
48and employees.
49     11.10.  Chapter 895, relating to offenses concerning
50racketeering and illegal debts.
51     12.11.  Chapter 896, relating to offenses related to
52financial transactions.
53     (b)  A felony offense that is committed with intent to
54defraud or that involves a conspiracy to defraud.
55     (c)  A felony offense that is committed with intent to
56temporarily or permanently deprive a person of his or her
57property or that involves a conspiracy to temporarily or
58permanently deprive a person of his or her property.
59     (d)  A felony offense that involves or results in the
60commission of fraud or deceit upon a person or that involves a
61conspiracy to commit fraud or deceit upon a person.
62     (4)  As used in this section, "aggravated white collar
63crime" means engaging in at least two white collar crimes that
64have the same or similar intents, results, accomplices, victims,
65or methods of commission, or that are otherwise interrelated by
66distinguishing characteristics and are not isolated incidents,
67provided that at least one of the such crimes occurred after the
68effective date of this act.
69     (5)  Any person who commits an aggravated white collar
70crime as defined in this section and in so doing either:
71     (a)  Victimizes 10 or more elderly persons, as defined in
72s. 825.101(5);
73     (b)  Victimizes 20 or more persons, as defined in s. 1.01;
74or
75     (c)  Victimizes the State of Florida, any state agency, any
76of the state's political subdivisions, or any agency of the
77state's political subdivisions,
78
79and thereby obtains or attempts to obtain $50,000 or more,
80commits a felony of the first degree, punishable as provided in
81s. 775.082, s. 775.083, or s. 775.084.
82     (6)  A person who commits an aggravated white collar crime
83as defined in this section in which at least one of the white
84collar crimes committed is a violation of s. 409.920 or is a
85white collar crime in which intent to defraud is an element and
86which, alone or in combination with another violation of s.
87409.920 or a white collar crime in which intent to defraud is an
88element, either:
89     (a)  Victimizes 20 or more persons, as defined in s. 1.01;
90or
91     (b)  Victimizes the State of Florida, any state agency, any
92of the state's political subdivisions, or any agency of the
93state's political subdivisions,
94
95commits a felony of the first degree, punishable as provided in
96s. 775.082, s. 775.083, or s. 775.084, and the person shall be
97sentenced to a minimum mandatory term of imprisonment of 10
98years.
99     (7)(6)  Notwithstanding any other provision of chapter 921
100or any other law, an aggravated white collar crime shall be
101ranked within the offense severity ranking chart at offense
102severity level 9.
103     (8)(7)  In addition to a sentence otherwise authorized by
104law, a person convicted of an aggravated white collar crime is
105subject to may pay a fine of $500,000 or double the value of the
106pecuniary gain or loss, whichever is greater.
107     (9)(8)  A person convicted of an aggravated white collar
108crime under this section is liable for all court costs and shall
109pay restitution to each victim of the crime, regardless of
110whether the victim is named in the information or indictment. As
111used in this subsection, "victim" means a person directly and
112proximately harmed as a result of the commission of the offense
113for which restitution may be ordered, including any person
114directly harmed by the defendant's criminal conduct in the
115course of the commission of the aggravated white collar crime.
116The court shall hold a hearing to determine the identity of
117qualifying victims and shall order the defendant to pay
118restitution based on his or her ability to pay, in accordance
119with this section and s. 775.089.
120     (a)  The court shall make the payment of restitution a
121condition of any probation granted to the defendant by the
122court. Notwithstanding any other law, the court may order
123continued probation for a defendant convicted under this section
124for up to 10 years or until full restitution is made to the
125victim, whichever occurs earlier.
126     (b)  The court retains jurisdiction to enforce its order to
127pay fines or restitution. The court may initiate proceedings
128against a defendant for a violation of probation or for contempt
129of court if the defendant willfully fails to comply with a
130lawful order of the court.
131     Section 2.  Paragraph (i) of subsection (3) of section
132921.0022, Florida Statutes, is amended to read:
133     921.0022  Criminal Punishment Code; offense severity
134ranking chart.--
135     (3)  OFFENSE SEVERITY RANKING CHART
136
 
FloridaStatuteFelonyDegreeDescription
137
 


(i)  LEVEL 9
138
 
316.193(3)(c)3.b.1stDUI manslaughter; failing to render aid or give information.
139
 
327.35(3)(c)3.b.1stBUI manslaughter; failing to render aid or give information.
140
 
499.00531stSale or purchase of contraband legend drugs resulting in great bodily harm.
141
 
560.123(8)(b)3.1stFailure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
142
 
560.125(5)(c)1stMoney transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
143
 
655.50(10)(b)3.1stFailure to report financial transactions totaling or exceeding $100,000 by financial institution.
144
 
775.0844(5) & (6)1stAggravated white collar crime.
145
 
782.04(1)1stAttempt, conspire, or solicit to commit premeditated murder.
146
 
782.04(3)1st,PBL robbery, burglary, and other specified felonies.
147
 
782.051(1)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
148
 
782.07(2)1stAggravated manslaughter of an elderly person or disabled adult.
149
 
787.01(1)(a)1.1st,PBLKidnapping; hold for ransom or reward or as a shield or hostage.
150
 
787.01(1)(a)2.1st,PBLKidnapping with intent to commit or facilitate commission of any felony.
151
 
787.01(1)(a)4.1st,PBLKidnapping with intent to interfere with performance of any governmental or political function.
152
 
787.02(3)(a)1stFalse imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
153
 
790.1611stAttempted capital destructive device offense.
154
 
790.166(2)1st,PBLPossessing, selling, using, or attempting to use a weapon of mass destruction.
155
 
794.011(2)1stAttempted sexual battery; victim less than 12 years of age.
156
 
794.011(2)LifeSexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
157
 
794.011(4)1stSexual battery; victim 12 years or older, certain circumstances.
158
 
794.011(8)(b)1stSexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
159
 
800.04(5)(b)1stLewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
160
 
812.13(2)(a)1st,PBLRobbery with firearm or other deadly weapon.
161
 
812.133(2)(a)1st,PBLCarjacking; firearm or other deadly weapon.
162
 
812.135(2)(b)1stHome-invasion robbery with weapon.
163
 
817.568(7)2nd,PBLFraudulent 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)1stAggravated child abuse.
165
 
847.0145(1)1stSelling, or otherwise transferring custody or control, of a minor.
166
 
847.0145(2)1stPurchasing, or otherwise obtaining custody or control, of a minor.
167
 
859.011stPoisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
168
 
893.1351stAttempted capital trafficking offense.
169
 
893.135(1)(a)3.1stTrafficking in cannabis, more than 10,000 lbs.
170
 
893.135(1)(b)1.c.1stTrafficking in cocaine, more than 400 grams, less than 150 kilograms.
171
 
893.135(1)(c)1.c.1stTrafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
172
 
893.135(1)(d)1.c.1stTrafficking in phencyclidine, more than 400 grams.
173
 
893.135(1)(e)1.c.1stTrafficking in methaqualone, more than 25 kilograms.
174
 
893.135(1)(f)1.c.1stTrafficking in amphetamine, more than 200 grams.
175
 
893.135(1)(h)1.c.1stTrafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
176
 
893.135(1)(j)1.c.1stTrafficking in 1,4-Butanediol, 10 kilograms or more.
177
 
893.135(1)(k)2.c.1stTrafficking in Phenethylamines, 400 grams or more.
178
 
896.101(5)(c)1stMoney laundering, financial instruments totaling or exceeding $100,000.
179
 
896.104(4)(a)3.1stStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
180
181     Section 3.  This act shall take effect July 1, 2005, and
182shall apply to offenses committed on or after that date.


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