Senate Bill sb2332c1

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    Florida Senate - 2005                           CS for SB 2332

    By the Committee on Criminal Justice; and Senator Bennett





    591-2297-05

  1                      A bill to be entitled

  2         An act relating to fraud; amending s. 775.0844,

  3         F.S.; redefining "white collar crime" to

  4         include Medicaid provider fraud; providing a

  5         minimum mandatory term of imprisonment for

  6         committing an aggravated white collar crime

  7         involving Medicaid provider fraud; amending s.

  8         921.0022, F.S., relating to the Criminal

  9         Punishment Code; conforming provisions to

10         changes made by the act; providing an effective

11         date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 775.0844, Florida Statutes, is

16  amended to read:

17         775.0844  White Collar Crime Victim Protection Act.--

18         (1)  This section may be cited as the "White Collar

19  Crime Victim Protection Act."

20         (2)  Due to the frequency with which victims,

21  particularly elderly victims, are deceived and cheated by

22  criminals who commit nonviolent frauds and swindles,

23  frequently through the use of the Internet and other

24  electronic technology and frequently causing the loss of

25  substantial amounts of property, it is the intent of the

26  Legislature to enhance the sanctions imposed for nonviolent

27  frauds and swindles, protect the public's property, and assist

28  in prosecuting white collar criminals.

29         (3)  As used in this section, "white collar crime"

30  means:

31  

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    Florida Senate - 2005                           CS for SB 2332
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 1         (a)  The commission of, or a conspiracy to commit, any

 2  felony offense specified in:

 3         1.  Section 409.920, relating to Medicaid provider

 4  fraud.

 5         2.1.  Chapter 560, relating to the Money Transmitters'

 6  Code.

 7         3.2.  Chapter 812, relating to theft, robbery, and

 8  related crimes.

 9         4.3.  Chapter 815, relating to computer-related crimes.

10         5.4.  Chapter 817, relating to fraudulent practices.

11         6.5.  Chapter 825, relating to abuse, neglect, and

12  exploitation of elderly persons and disabled adults.

13         7.6.  Chapter 831, relating to forgery and

14  counterfeiting.

15         8.7.  Chapter 832, relating to the issuance of

16  worthless checks and drafts.

17         9.8.  Chapter 838, relating to bribery and misuse of

18  public office.

19         10.9.  Chapter 839, relating to offenses by public

20  officers and employees.

21         11.10.  Chapter 895, relating to offenses concerning

22  racketeering and illegal debts.

23         12.11.  Chapter 896, relating to offenses related to

24  financial transactions.

25         (b)  A felony offense that is committed with intent to

26  defraud or that involves a conspiracy to defraud.

27         (c)  A felony offense that is committed with intent to

28  temporarily or permanently deprive a person of his or her

29  property or that involves a conspiracy to temporarily or

30  permanently deprive a person of his or her property.

31  

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    Florida Senate - 2005                           CS for SB 2332
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 1         (d)  A felony offense that involves or results in the

 2  commission of fraud or deceit upon a person or that involves a

 3  conspiracy to commit fraud or deceit upon a person.

 4         (4)  As used in this section, "aggravated white collar

 5  crime" means engaging in at least two white collar crimes that

 6  have the same or similar intents, results, accomplices,

 7  victims, or methods of commission, or that are otherwise

 8  interrelated by distinguishing characteristics and are not

 9  isolated incidents, provided that at least one of the such

10  crimes occurred after the effective date of this act.

11         (5)  Any person who commits an aggravated white collar

12  crime as defined in this section and in so doing either:

13         (a)  Victimizes 10 or more elderly persons, as defined

14  in s. 825.101(5);

15         (b)  Victimizes 20 or more persons, as defined in s.

16  1.01; or

17         (c)  Victimizes the State of Florida, any state agency,

18  any of the state's political subdivisions, or any agency of

19  the state's political subdivisions,

20  

21  and thereby obtains or attempts to obtain $50,000 or more,

22  commits a felony of the first degree, punishable as provided

23  in s. 775.082, s. 775.083, or s. 775.084.

24         (6)  A person who commits an aggravated white collar

25  crime as defined in this section in which at least one of the

26  white collar crimes committed is a violation of s. 409.920 or

27  is a white collar crime in which intent to defraud is an

28  element, and which, alone or in combination with another

29  violation of s. 409.920 or a white collar crime in which

30  intent to defraud is an element, either:

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    Florida Senate - 2005                           CS for SB 2332
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 1         (a)  Victimizes 20 or more persons, as defined in s.

 2  1.01; or

 3         (b)  Victimizes the State of Florida, any state agency,

 4  any of the state's political subdivisions, or any agency of

 5  the state's political subdivisions,

 6  

 7  commits a felony of the first degree, punishable as provided

 8  in s. 775.082, s. 775.083, or s. 775.084, and such person

 9  shall be sentenced to a minimum mandatory term of imprisonment

10  of 10 years.

11         (7)(6)  Notwithstanding any other provision of chapter

12  921 or any other law, an aggravated white collar crime shall

13  be ranked within the offense severity ranking chart at offense

14  severity level 9.

15         (8)(7)  In addition to a sentence otherwise authorized

16  by law, a person convicted of an aggravated white collar crime

17  may pay a fine of $500,000 or double the value of the

18  pecuniary gain or loss, whichever is greater.

19         (9)(8)  A person convicted of an aggravated white

20  collar crime under this section is liable for all court costs

21  and shall pay restitution to each victim of the crime,

22  regardless of whether the victim is named in the information

23  or indictment. As used in this subsection, "victim" means a

24  person directly and proximately harmed as a result of the

25  commission of the offense for which restitution may be

26  ordered, including any person directly harmed by the

27  defendant's criminal conduct in the course of the commission

28  of the aggravated white collar crime. The court shall hold a

29  hearing to determine the identity of qualifying victims and

30  shall order the defendant to pay restitution based on his or

31  

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    Florida Senate - 2005                           CS for SB 2332
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 1  her ability to pay, in accordance with this section and s.

 2  775.089.

 3         (a)  The court shall make the payment of restitution a

 4  condition of any probation granted to the defendant by the

 5  court. Notwithstanding any other law, the court may order

 6  continued probation for a defendant convicted under this

 7  section for up to 10 years or until full restitution is made

 8  to the victim, whichever occurs earlier.

 9         (b)  The court retains jurisdiction to enforce its

10  order to pay fines or restitution. The court may initiate

11  proceedings against a defendant for a violation of probation

12  or for contempt of court if the defendant willfully fails to

13  comply with a lawful order of the court.

14         Section 2.  Paragraph (i) of subsection (3) of section

15  921.0022, Florida Statutes, is amended to read:

16         921.0022  Criminal Punishment Code; offense severity

17  ranking chart.--

18         (3)  OFFENSE SEVERITY RANKING CHART

19  

20  Florida           Felony

21  Statute           Degree             Description

22  

23                     

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.

30  

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    Florida Senate - 2005                           CS for SB 2332
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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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    Florida Senate - 2005                           CS for SB 2332
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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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    Florida Senate - 2005                           CS for SB 2332
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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  812.135(2)(b)      1st      Home-invasion robbery with

 9                              weapon.

10  817.568(7)         2nd,PBL  Fraudulent use of personal

11                              identification information of an

12                              individual under the age of 18 by

13                              his or her parent, legal

14                              guardian, or person exercising

15                              custodial authority.

16  827.03(2)          1st      Aggravated child abuse.

17  847.0145(1)        1st      Selling, or otherwise

18                              transferring custody or control,

19                              of a minor.

20  847.0145(2)        1st      Purchasing, or otherwise

21                              obtaining custody or control, of

22                              a minor.

23  859.01             1st      Poisoning or introducing

24                              bacteria, radioactive materials,

25                              viruses, or chemical compounds

26                              into food, drink, medicine, or

27                              water with intent to kill or

28                              injure another person.

29  893.135            1st      Attempted capital trafficking

30                              offense.

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    Florida Senate - 2005                           CS for SB 2332
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 1  893.135(1)(a)3.    1st      Trafficking in cannabis, more

 2                              than 10,000 lbs.

 3  893.135

 4   (1)(b)1.c.        1st      Trafficking in cocaine, more than

 5                              400 grams, less than 150

 6                              kilograms.

 7  893.135

 8   (1)(c)1.c.        1st      Trafficking in illegal drugs,

 9                              more than 28 grams, less than 30

10                              kilograms.

11  893.135

12   (1)(d)1.c.        1st      Trafficking in phencyclidine,

13                              more than 400 grams.

14  893.135

15   (1)(e)1.c.        1st      Trafficking in methaqualone, more

16                              than 25 kilograms.

17  893.135

18   (1)(f)1.c.        1st      Trafficking in amphetamine, more

19                              than 200 grams.

20  893.135

21   (1)(h)1.c.        1st      Trafficking in

22                              gamma-hydroxybutyric acid (GHB),

23                              10 kilograms or more.

24  893.135

25   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10

26                              kilograms or more.

27  893.135

28   (1)(k)2.c.        1st      Trafficking in Phenethylamines,

29                              400 grams or more.

30  

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    Florida Senate - 2005                           CS for SB 2332
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 1  896.101(5)(c)      1st      Money laundering, financial

 2                              instruments totaling or exceeding

 3                              $100,000.

 4  896.104(4)(a)3.    1st      Structuring transactions to evade

 5                              reporting or registration

 6                              requirements, financial

 7                              transactions totaling or

 8                              exceeding $100,000.

 9         Section 3.  This act shall take effect July 1, 2005.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 2332

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14  Deletes provision creating a new section that prohibits price
    gouging during a state of emergency.
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