Florida Senate - 2012                                     SB 400
       
       
       
       By Senator Jones
       
       
       
       
       13-00388-12                                            2012400__
    1                        A bill to be entitled                      
    2         An act relating to patient brokering; amending s.
    3         895.02, F.S.; revising the definition of the term
    4         “racketeering activity” to include the offense of
    5         patient brokering; amending s. 775.15, F.S.; requiring
    6         that a prosecution for a felony violation of the
    7         offense of patient brokering be commenced within 5
    8         years after the patient brokering violation is
    9         committed; reenacting ss. 16.56(1)(a) and 905.34,
   10         F.S., relating to the powers and responsibilities of
   11         the Office of Statewide Prosecution to conduct an
   12         audit, review, or examination of certain entities or
   13         records and the subject matter jurisdiction of the
   14         statewide grand jury, respectively, to incorporate the
   15         amendment made to s. 895.02, F.S., in references
   16         thereto; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (1) of section 895.02, Florida
   21  Statutes, is amended to read:
   22         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
   23         (1) “Racketeering activity” means to commit, to attempt to
   24  commit, to conspire to commit, or to solicit, coerce, or
   25  intimidate another person to commit:
   26         (a) Any crime that is chargeable by petition, indictment,
   27  or information under the following provisions of the Florida
   28  Statutes:
   29         1. Section 210.18, relating to evasion of payment of
   30  cigarette taxes.
   31         2. Section 316.1935, relating to fleeing or attempting to
   32  elude a law enforcement officer and aggravated fleeing or
   33  eluding.
   34         3. Section 403.727(3)(b), relating to environmental
   35  control.
   36         4. Section 409.920 or s. 409.9201, relating to Medicaid
   37  fraud.
   38         5. Section 414.39, relating to public assistance fraud.
   39         6. Section 440.105 or s. 440.106, relating to workers’
   40  compensation.
   41         7. Section 443.071(4), relating to creation of a fictitious
   42  employer scheme to commit unemployment compensation fraud.
   43         8. Section 465.0161, relating to distribution of medicinal
   44  drugs without a permit as an Internet pharmacy.
   45         9. Section 499.0051, relating to crimes involving
   46  contraband and adulterated drugs.
   47         10. Part IV of chapter 501, relating to telemarketing.
   48         11. Chapter 517, relating to sale of securities and
   49  investor protection.
   50         12. Section 550.235 or s. 550.3551, relating to dogracing
   51  and horseracing.
   52         13. Chapter 550, relating to jai alai frontons.
   53         14. Section 551.109, relating to slot machine gaming.
   54         15. Chapter 552, relating to the manufacture, distribution,
   55  and use of explosives.
   56         16. Chapter 560, relating to money transmitters, if the
   57  violation is punishable as a felony.
   58         17. Chapter 562, relating to beverage law enforcement.
   59         18. Section 624.401, relating to transacting insurance
   60  without a certificate of authority, s. 624.437(4)(c)1., relating
   61  to operating an unauthorized multiple-employer welfare
   62  arrangement, or s. 626.902(1)(b), relating to representing or
   63  aiding an unauthorized insurer.
   64         19. Section 655.50, relating to reports of currency
   65  transactions, when such violation is punishable as a felony.
   66         20. Chapter 687, relating to interest and usurious
   67  practices.
   68         21. Section 721.08, s. 721.09, or s. 721.13, relating to
   69  real estate timeshare plans.
   70         22. Section 775.13(5)(b), relating to registration of
   71  persons found to have committed any offense for the purpose of
   72  benefiting, promoting, or furthering the interests of a criminal
   73  gang.
   74         23. Section 777.03, relating to commission of crimes by
   75  accessories after the fact.
   76         24. Chapter 782, relating to homicide.
   77         25. Chapter 784, relating to assault and battery.
   78         26. Chapter 787, relating to kidnapping or human
   79  trafficking.
   80         27. Chapter 790, relating to weapons and firearms.
   81         28. Chapter 794, relating to sexual battery, but only if
   82  such crime was committed with the intent to benefit, promote, or
   83  further the interests of a criminal gang, or for the purpose of
   84  increasing a criminal gang member’s own standing or position
   85  within a criminal gang.
   86         29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
   87  796.05, or s. 796.07, relating to prostitution and sex
   88  trafficking.
   89         30. Chapter 806, relating to arson and criminal mischief.
   90         31. Chapter 810, relating to burglary and trespass.
   91         32. Chapter 812, relating to theft, robbery, and related
   92  crimes.
   93         33. Chapter 815, relating to computer-related crimes.
   94         34. Chapter 817, relating to fraudulent practices, false
   95  pretenses, fraud generally, and credit card crimes.
   96         35. Section 817.505, relating to patient brokering.
   97         36.35. Chapter 825, relating to abuse, neglect, or
   98  exploitation of an elderly person or disabled adult.
   99         37.36. Section 827.071, relating to commercial sexual
  100  exploitation of children.
  101         38.37. Chapter 831, relating to forgery and counterfeiting.
  102         39.38. Chapter 832, relating to issuance of worthless
  103  checks and drafts.
  104         40.39. Section 836.05, relating to extortion.
  105         41.40. Chapter 837, relating to perjury.
  106         42.41. Chapter 838, relating to bribery and misuse of
  107  public office.
  108         43.42. Chapter 843, relating to obstruction of justice.
  109         44.43. Section 847.011, s. 847.012, s. 847.013, s. 847.06,
  110  or s. 847.07, relating to obscene literature and profanity.
  111         45.44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
  112  s. 849.25, relating to gambling.
  113         46.45. Chapter 874, relating to criminal gangs.
  114         47.46. Chapter 893, relating to drug abuse prevention and
  115  control.
  116         48.47. Chapter 896, relating to offenses related to
  117  financial transactions.
  118         49.48. Sections 914.22 and 914.23, relating to tampering
  119  with or harassing a witness, victim, or informant, and
  120  retaliation against a witness, victim, or informant.
  121         50.49. Sections 918.12 and 918.13, relating to tampering
  122  with jurors and evidence.
  123         (b) Any conduct defined as “racketeering activity” under 18
  124  U.S.C. s. 1961(1).
  125         Section 2. Subsection (11) of section 775.15, Florida
  126  Statutes, is amended to read:
  127         775.15 Time limitations; general time limitations;
  128  exceptions.—
  129         (11) A prosecution for a felony violation of ss. 440.105,
  130  and 817.234, and 817.505 must be commenced within 5 years after
  131  the violation is committed.
  132         Section 3. For the purpose of incorporating the amendment
  133  made by this act to section 895.02, Florida Statutes, in a
  134  reference thereto, paragraph (a) of subsection (1) of section
  135  16.56, Florida Statutes, is reenacted to read:
  136         16.56 Office of Statewide Prosecution.—
  137         (1) There is created in the Department of Legal Affairs an
  138  Office of Statewide Prosecution. The office shall be a separate
  139  “budget entity” as that term is defined in chapter 216. The
  140  office may:
  141         (a) Investigate and prosecute the offenses of:
  142         1. Bribery, burglary, criminal usury, extortion, gambling,
  143  kidnapping, larceny, murder, prostitution, perjury, robbery,
  144  carjacking, and home-invasion robbery;
  145         2. Any crime involving narcotic or other dangerous drugs;
  146         3. Any violation of the provisions of the Florida RICO
  147  (Racketeer Influenced and Corrupt Organization) Act, including
  148  any offense listed in the definition of racketeering activity in
  149  s. 895.02(1)(a), providing such listed offense is investigated
  150  in connection with a violation of s. 895.03 and is charged in a
  151  separate count of an information or indictment containing a
  152  count charging a violation of s. 895.03, the prosecution of
  153  which listed offense may continue independently if the
  154  prosecution of the violation of s. 895.03 is terminated for any
  155  reason;
  156         4. Any violation of the provisions of the Florida Anti
  157  Fencing Act;
  158         5. Any violation of the provisions of the Florida Antitrust
  159  Act of 1980, as amended;
  160         6. Any crime involving, or resulting in, fraud or deceit
  161  upon any person;
  162         7. Any violation of s. 847.0135, relating to computer
  163  pornography and child exploitation prevention, or any offense
  164  related to a violation of s. 847.0135 or any violation of
  165  chapter 827 where the crime is facilitated by or connected to
  166  the use of the Internet or any device capable of electronic data
  167  storage or transmission;
  168         8. Any violation of the provisions of chapter 815;
  169         9. Any criminal violation of part I of chapter 499;
  170         10. Any violation of the provisions of the Florida Motor
  171  Fuel Tax Relief Act of 2004;
  172         11. Any criminal violation of s. 409.920 or s. 409.9201;
  173         12. Any crime involving voter registration, voting, or
  174  candidate or issue petition activities;
  175         13. Any criminal violation of the Florida Money Laundering
  176  Act; or
  177         14. Any criminal violation of the Florida Securities and
  178  Investor Protection Act;
  179  
  180  or any attempt, solicitation, or conspiracy to commit any of the
  181  crimes specifically enumerated above. The office shall have such
  182  power only when any such offense is occurring, or has occurred,
  183  in two or more judicial circuits as part of a related
  184  transaction, or when any such offense is connected with an
  185  organized criminal conspiracy affecting two or more judicial
  186  circuits. Informations or indictments charging such offenses
  187  shall contain general allegations stating the judicial circuits
  188  and counties in which crimes are alleged to have occurred or the
  189  judicial circuits and counties in which crimes affecting such
  190  circuits or counties are alleged to have been connected with an
  191  organized criminal conspiracy.
  192         Section 4. For the purpose of incorporating the amendment
  193  made by this act to section 895.02, Florida Statutes, in a
  194  reference thereto, section 905.34, Florida Statutes, is
  195  reenacted to read:
  196         905.34 Powers and duties; law applicable.—The jurisdiction
  197  of a statewide grand jury impaneled under this chapter shall
  198  extend throughout the state. The subject matter jurisdiction of
  199  the statewide grand jury shall be limited to the offenses of:
  200         (1) Bribery, burglary, carjacking, home-invasion robbery,
  201  criminal usury, extortion, gambling, kidnapping, larceny,
  202  murder, prostitution, perjury, and robbery;
  203         (2) Crimes involving narcotic or other dangerous drugs;
  204         (3) Any violation of the provisions of the Florida RICO
  205  (Racketeer Influenced and Corrupt Organization) Act, including
  206  any offense listed in the definition of racketeering activity in
  207  s. 895.02(1)(a), providing such listed offense is investigated
  208  in connection with a violation of s. 895.03 and is charged in a
  209  separate count of an information or indictment containing a
  210  count charging a violation of s. 895.03, the prosecution of
  211  which listed offense may continue independently if the
  212  prosecution of the violation of s. 895.03 is terminated for any
  213  reason;
  214         (4) Any violation of the provisions of the Florida Anti
  215  Fencing Act;
  216         (5) Any violation of the provisions of the Florida
  217  Antitrust Act of 1980, as amended;
  218         (6) Any violation of the provisions of chapter 815;
  219         (7) Any crime involving, or resulting in, fraud or deceit
  220  upon any person;
  221         (8) Any violation of s. 847.0135, s. 847.0137, or s.
  222  847.0138 relating to computer pornography and child exploitation
  223  prevention, or any offense related to a violation of s.
  224  847.0135, s. 847.0137, or s. 847.0138 or any violation of
  225  chapter 827 where the crime is facilitated by or connected to
  226  the use of the Internet or any device capable of electronic data
  227  storage or transmission;
  228         (9) Any criminal violation of part I of chapter 499;
  229         (10) Any criminal violation of s. 409.920 or s. 409.9201;
  230         (11) Any criminal violation of the Florida Money Laundering
  231  Act; or
  232         (12) Any criminal violation of the Florida Securities and
  233  Investor Protection Act;
  234  
  235  or any attempt, solicitation, or conspiracy to commit any
  236  violation of the crimes specifically enumerated above, when any
  237  such offense is occurring, or has occurred, in two or more
  238  judicial circuits as part of a related transaction or when any
  239  such offense is connected with an organized criminal conspiracy
  240  affecting two or more judicial circuits. The statewide grand
  241  jury may return indictments and presentments irrespective of the
  242  county or judicial circuit where the offense is committed or
  243  triable. If an indictment is returned, it shall be certified and
  244  transferred for trial to the county where the offense was
  245  committed. The powers and duties of, and law applicable to,
  246  county grand juries shall apply to a statewide grand jury except
  247  when such powers, duties, and law are inconsistent with the
  248  provisions of ss. 905.31-905.40.
  249         Section 5. This act shall take effect July 1, 2012.