Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1514
       
       
       
       
       
       
                                Ì120332hÎ120332                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 895.02, Florida Statutes, is reordered
    6  and amended to read:
    7         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
    8         (8)(1) “Racketeering activity” means to commit, to attempt
    9  to commit, to conspire to commit, or to solicit, coerce, or
   10  intimidate another person to commit:
   11         (a) Any crime that is chargeable by petition, indictment,
   12  or information under the following provisions of the Florida
   13  Statutes:
   14         1. Section 210.18, relating to evasion of payment of
   15  cigarette taxes.
   16         2. Section 316.1935, relating to fleeing or attempting to
   17  elude a law enforcement officer and aggravated fleeing or
   18  eluding.
   19         3. Section 403.727(3)(b), relating to environmental
   20  control.
   21         4. Section 409.920 or s. 409.9201, relating to Medicaid
   22  fraud.
   23         5. Section 414.39, relating to public assistance fraud.
   24         6. Section 440.105 or s. 440.106, relating to workers’
   25  compensation.
   26         7. Section 443.071(4), relating to creation of a fictitious
   27  employer scheme to commit reemployment assistance fraud.
   28         8. Section 465.0161, relating to distribution of medicinal
   29  drugs without a permit as an Internet pharmacy.
   30         9. Section 499.0051, relating to crimes involving
   31  contraband and adulterated drugs.
   32         10. Part IV of chapter 501, relating to telemarketing.
   33         11. Chapter 517, relating to sale of securities and
   34  investor protection.
   35         12. Section 550.235 or s. 550.3551, relating to dogracing
   36  and horseracing.
   37         13. Chapter 550, relating to jai alai frontons.
   38         14. Section 551.109, relating to slot machine gaming.
   39         15. Chapter 552, relating to the manufacture, distribution,
   40  and use of explosives.
   41         16. Chapter 560, relating to money transmitters, if the
   42  violation is punishable as a felony.
   43         17. Chapter 562, relating to beverage law enforcement.
   44         18. Section 624.401, relating to transacting insurance
   45  without a certificate of authority, s. 624.437(4)(c)1., relating
   46  to operating an unauthorized multiple-employer welfare
   47  arrangement, or s. 626.902(1)(b), relating to representing or
   48  aiding an unauthorized insurer.
   49         19. Section 655.50, relating to reports of currency
   50  transactions, when such violation is punishable as a felony.
   51         20. Chapter 687, relating to interest and usurious
   52  practices.
   53         21. Section 721.08, s. 721.09, or s. 721.13, relating to
   54  real estate timeshare plans.
   55         22. Section 775.13(5)(b), relating to registration of
   56  persons found to have committed any offense for the purpose of
   57  benefiting, promoting, or furthering the interests of a criminal
   58  gang.
   59         23. Section 777.03, relating to commission of crimes by
   60  accessories after the fact.
   61         24. Chapter 782, relating to homicide.
   62         25. Chapter 784, relating to assault and battery.
   63         26. Chapter 787, relating to kidnapping or human
   64  trafficking.
   65         27. Chapter 790, relating to weapons and firearms.
   66         28. Chapter 794, relating to sexual battery, but only if
   67  such crime was committed with the intent to benefit, promote, or
   68  further the interests of a criminal gang, or for the purpose of
   69  increasing a criminal gang member’s own standing or position
   70  within a criminal gang.
   71         29. Former section 796.03, former s. 796.035, s. 796.04, s.
   72  796.05, or s. 796.07, relating to prostitution.
   73         30. Chapter 806, relating to arson and criminal mischief.
   74         31. Chapter 810, relating to burglary and trespass.
   75         32. Chapter 812, relating to theft, robbery, and related
   76  crimes.
   77         33. Chapter 815, relating to computer-related crimes.
   78         34. Chapter 817, relating to fraudulent practices, false
   79  pretenses, fraud generally, and credit card crimes.
   80         35. Chapter 825, relating to abuse, neglect, or
   81  exploitation of an elderly person or disabled adult.
   82         36. Section 827.071, relating to commercial sexual
   83  exploitation of children.
   84         37. Section 828.122, relating to fighting or baiting
   85  animals.
   86         38. Chapter 831, relating to forgery and counterfeiting.
   87         39. Chapter 832, relating to issuance of worthless checks
   88  and drafts.
   89         40. Section 836.05, relating to extortion.
   90         41. Chapter 837, relating to perjury.
   91         42. Chapter 838, relating to bribery and misuse of public
   92  office.
   93         43. Chapter 843, relating to obstruction of justice.
   94         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
   95  s. 847.07, relating to obscene literature and profanity.
   96         45. Chapter 849, relating to gambling, lottery, gambling or
   97  gaming devices, slot machines, or any of the provisions within
   98  that chapter.
   99         46. Chapter 874, relating to criminal gangs.
  100         47. Chapter 893, relating to drug abuse prevention and
  101  control.
  102         48. Chapter 896, relating to offenses related to financial
  103  transactions.
  104         49. Sections 914.22 and 914.23, relating to tampering with
  105  or harassing a witness, victim, or informant, and retaliation
  106  against a witness, victim, or informant.
  107         50. Sections 918.12 and 918.13, relating to tampering with
  108  jurors and evidence.
  109         (b) Any conduct defined as “racketeering activity” under 18
  110  U.S.C. s. 1961(1).
  111         (12)(2) “Unlawful debt” means any money or other thing of
  112  value constituting principal or interest of a debt that is
  113  legally unenforceable in this state in whole or in part because
  114  the debt was incurred or contracted:
  115         (a) In violation of any one of the following provisions of
  116  law:
  117         1. Section 550.235 or s. 550.3551, relating to dogracing
  118  and horseracing.
  119         2. Chapter 550, relating to jai alai frontons.
  120         3. Section 551.109, relating to slot machine gaming.
  121         4. Chapter 687, relating to interest and usury.
  122         5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  123  849.25, relating to gambling.
  124         (b) In gambling activity in violation of federal law or in
  125  the business of lending money at a rate usurious under state or
  126  federal law.
  127         (5)(3) “Enterprise” means any individual, sole
  128  proprietorship, partnership, corporation, business trust, union
  129  chartered under the laws of this state, or other legal entity,
  130  or any unchartered union, association, or group of individuals
  131  associated in fact although not a legal entity; and it includes
  132  illicit as well as licit enterprises and governmental, as well
  133  as other, entities. A criminal gang, as defined in s. 874.03,
  134  constitutes an enterprise.
  135         (7)(4) “Pattern of racketeering activity” means engaging in
  136  at least two incidents of racketeering conduct that have the
  137  same or similar intents, results, accomplices, victims, or
  138  methods of commission or that otherwise are interrelated by
  139  distinguishing characteristics and are not isolated incidents,
  140  provided at least one of such incidents occurred after October
  141  1, 1977, the effective date of this act and that the last of
  142  such incidents occurred within 5 years after a prior incident of
  143  racketeering conduct.
  144         (4)(5) “Documentary material” means any book, paper,
  145  document, writing, drawing, graph, chart, photograph,
  146  phonorecord, magnetic tape, computer printout, other data
  147  compilation from which information can be obtained or from which
  148  information can be translated into usable form, or other
  149  tangible item.
  150         (10)(6) “RICO lien notice” means the notice described in s.
  151  895.05(13) 895.05(12) or in s. 895.07.
  152         (6)(7) “Investigative agency” means the Department of Legal
  153  Affairs, the Office of Statewide Prosecution, or the office of a
  154  state attorney.
  155         (1)(8) “Beneficial interest” means any of the following:
  156         (a) The interest of a person as a beneficiary under a trust
  157  established pursuant to s. 689.07 or s. 689.071 in which the
  158  trustee for the trust holds legal or record title to real
  159  property;
  160         (b) The interest of a person as a beneficiary under any
  161  other trust arrangement pursuant to which a trustee holds legal
  162  or record title to real property for the benefit of such person;
  163  or
  164         (c) The interest of a person under any other form of
  165  express fiduciary arrangement pursuant to which any other person
  166  holds legal or record title to real property for the benefit of
  167  such person.
  168  
  169  The term “beneficial interest” does not include the interest of
  170  a stockholder in a corporation or the interest of a partner in
  171  either a general partnership or a limited partnership. A
  172  beneficial interest shall be deemed to be located where the real
  173  property owned by the trustee is located.
  174         (9) “Real property” means any real property or any interest
  175  in such real property, including, but not limited to, any lease
  176  of or mortgage upon such real property.
  177         (11)(10) “Trustee” means any of the following:
  178         (a) Any person acting as trustee pursuant to a trust
  179  established under s. 689.07 or s. 689.071 in which the trustee
  180  holds legal or record title to real property.
  181         (b) Any person who holds legal or record title to real
  182  property in which any other person has a beneficial interest.
  183         (c) Any successor trustee or trustees to any or all of the
  184  foregoing persons.
  185  
  186  However, the term “trustee” does not include any person
  187  appointed or acting as a personal representative as defined in
  188  s. 731.201 or appointed or acting as a trustee of any
  189  testamentary trust or as a trustee of any indenture of trust
  190  under which any bonds have been or are to be issued.
  191         (3)(11) “Criminal proceeding” means any criminal proceeding
  192  commenced by an investigative agency under s. 895.03 or any
  193  other provision of the Florida RICO Act.
  194         (2)(12) “Civil proceeding” means any civil proceeding
  195  commenced by an investigative agency under s. 895.05 or any
  196  other provision of the Florida RICO Act.
  197         Section 2. Present subsections (9) through (12) of section
  198  895.05, Florida Statutes, are renumbered as subsections (10)
  199  through (13), respectively, subsection (2) and present
  200  subsections (9) through (12) are amended, and a new subsection
  201  (9) is added to that section, to read:
  202         895.05 Civil remedies.—
  203         (2)(a) All property, real or personal, including money,
  204  used in the course of, intended for use in the course of,
  205  derived from, or realized through conduct in violation of a
  206  provision of ss. 895.01-895.05 is subject to civil forfeiture to
  207  the state.
  208         (b) An investigative agency may, on behalf of the state,
  209  institute a civil proceeding for forfeiture in the circuit court
  210  for the judicial circuit in which real or personal tangible
  211  property as described in paragraph (a) is located. An
  212  investigative agency may, on behalf of the state, institute a
  213  civil proceeding for forfeiture in a circuit court in the state
  214  regarding intangible property as described in paragraph (a).
  215         (c) Upon the entry of a final judgment of forfeiture in
  216  favor of the state, the title of the state to the forfeited
  217  property shall relate back:
  218         1. In the case of real property or a beneficial interest,
  219  to the date of filing of the RICO lien notice in the official
  220  records of the county where the real property or beneficial
  221  trust is located; if no RICO lien notice is filed, then to the
  222  date of the filing of any notice of lis pendens under s.
  223  895.07(5)(a) in the official records of the county where the
  224  real property or beneficial interest is located; and if no RICO
  225  lien notice or notice of lis pendens is filed, then to the date
  226  of recording of the final judgment of forfeiture in the official
  227  records of the county where the real property or beneficial
  228  interest is located.
  229         2. In the case of personal property, to the date the
  230  personal property was seized by the investigating agency.
  231         (d) If property subject to forfeiture is conveyed,
  232  alienated, disposed of, diminished in value, or otherwise
  233  rendered unavailable for forfeiture after the filing of a RICO
  234  lien notice or after the filing of a civil proceeding or
  235  criminal proceeding, whichever is earlier, the investigative
  236  agency may, on behalf of the state, institute an action in any
  237  circuit court against the person named in the RICO lien notice
  238  or the defendant in the civil proceeding or criminal proceeding,
  239  and the court shall enter final judgment against the person
  240  named in the RICO lien notice or the defendant in the civil
  241  proceeding or criminal proceeding in an amount equal to the fair
  242  market value of the property, together with investigative costs
  243  and attorney attorney’s fees incurred by the investigative
  244  agency in the action. In the alternative, the court may order
  245  the forfeiture of any other property of the defendant up to the
  246  value of the property subject to forfeiture. If a civil
  247  proceeding is pending, such action shall be filed only in the
  248  court where the civil proceeding is pending.
  249         (e)(c) The state shall dispose of all forfeited property as
  250  soon as commercially feasible. If property is not exercisable or
  251  transferable for value by the state, it shall expire. All
  252  forfeitures or dispositions under this section shall be made
  253  with due provision for the rights of innocent persons. The
  254  proceeds realized from such forfeiture and disposition shall be
  255  promptly distributed in accordance with the provisions of s.
  256  895.09.
  257         (9) The Department of Legal Affairs may bring an action for
  258  a violation of s. 895.03 to obtain injunctive relief, civil
  259  penalties as provided in this subsection, attorney fees, and
  260  costs incurred in the investigation and prosecution of any
  261  action under this chapter.
  262         (a) A natural person who violates s. 895.03 is subject to a
  263  civil penalty of up to $100,000. Any other person who violates
  264  s. 895.03 is subject to a civil penalty of up to $1 million.
  265  Moneys recovered for civil penalties under this paragraph shall
  266  be deposited into the General Revenue Fund.
  267         (b) Moneys recovered by the Department of Legal Affairs for
  268  attorney fees and costs under this subsection shall be deposited
  269  into the Legal Affairs Revolving Trust Fund, which may be used
  270  to investigate and enforce this chapter.
  271         (c) In a civil action brought under this subsection by the
  272  Department of Legal Affairs, any party to such action may
  273  petition the court for entry of a consent decree or for approval
  274  of a settlement agreement. The proposed decree or settlement
  275  shall specify the alleged violations, the future obligations of
  276  the parties, the relief agreed upon, and the reasons for
  277  entering into the consent decree or settlement agreement.
  278         (10)(9) The Department of Legal Affairs may, upon timely
  279  application, intervene in any civil action or proceeding brought
  280  under subsection (6) or subsection (7) if it certifies that, in
  281  its opinion, the action or proceeding is of general public
  282  importance. In such action or proceeding, the state shall be
  283  entitled to the same relief as if the Department of Legal
  284  Affairs had instituted the action or proceeding.
  285         (11)(10) Notwithstanding any other provision of law, a
  286  criminal or civil action or proceeding under this chapter act
  287  may be commenced at any time within 5 years after the conduct in
  288  violation of a provision of this chapter act terminates or the
  289  cause of action accrues. If a criminal prosecution or civil
  290  action or other proceeding is brought, or intervened in, to
  291  punish, prevent, or restrain any violation of the provisions of
  292  this chapter act, the running of the period of limitations
  293  prescribed by this section with respect to any cause of action
  294  arising under subsection (6), or subsection (7), or subsection
  295  (9) which is based in whole or in part upon any matter
  296  complained of in any such prosecution, action, or proceeding
  297  shall be suspended during the pendency of such prosecution,
  298  action, or proceeding and for 2 years following its termination.
  299         (12)(11) The application of one civil remedy under any
  300  provision of this chapter act does not preclude the application
  301  of any other remedy, civil or criminal, under this chapter act
  302  or any other provision of law. Civil remedies under this chapter
  303  act are supplemental, and not mutually exclusive.
  304         (13)(12)(a) In addition to the authority to file a RICO
  305  lien notice set forth in s. 895.07(1), the Department of Legal
  306  Affairs, the Office of Statewide Prosecution, or the office of a
  307  state attorney may apply ex parte to a criminal division of a
  308  circuit court and, upon petition supported by sworn affidavit,
  309  obtain an order authorizing the filing of a RICO lien notice
  310  against real property upon a showing of probable cause to
  311  believe that the property was used in the course of, intended
  312  for use in the course of, derived from, or realized through
  313  conduct in violation of a provision of ss. 895.01-895.05. If the
  314  lien notice authorization is granted, the department shall,
  315  after filing the lien notice, forthwith provide notice to the
  316  owner of the property by one of the following methods:
  317         1. By serving the notice in the manner provided by law for
  318  the service of process.
  319         2. By mailing the notice, postage prepaid, by registered or
  320  certified mail to the person to be served at his or her last
  321  known address and evidence of the delivery.
  322         3. If neither of the foregoing can be accomplished, by
  323  posting the notice on the premises.
  324         (b) The owner of the property may move the court to
  325  discharge the lien, and such motion shall be set for hearing at
  326  the earliest possible time.
  327         (c) The court shall discharge the lien if it finds that
  328  there is no probable cause to believe that the property was used
  329  in the course of, intended for use in the course of, derived
  330  from, or realized through conduct in violation of a provision of
  331  ss. 895.01-895.05 or if it finds that the owner of the property
  332  neither knew nor reasonably should have known that the property
  333  was used in the course of, intended for use in the course of,
  334  derived from, or realized through conduct in violation of a
  335  provision of ss. 895.01-895.05.
  336         (d) No testimony presented by the owner of the property at
  337  the hearing is admissible against him or her in any criminal
  338  proceeding except in a criminal prosecution for perjury or false
  339  statement, nor shall such testimony constitute a waiver of the
  340  owner’s constitutional right against self-incrimination.
  341         (e) A lien notice secured under the provisions of this
  342  subsection is valid for a period of 90 days from the date the
  343  court granted authorization, which period may be extended for an
  344  additional 90 days by the court for good cause shown, unless a
  345  civil proceeding is instituted under this section and a lien
  346  notice is filed under s. 895.07, in which event the term of the
  347  lien notice is governed by s. 895.08.
  348         (f) The filing of a lien notice, whether or not
  349  subsequently discharged or otherwise lifted, shall constitute
  350  notice to the owner and knowledge by the owner that the property
  351  was used in the course of, intended for use in the course of,
  352  derived from, or realized through conduct in violation of a
  353  provision of ss. 895.01-895.05, such that lack of such notice
  354  and knowledge shall not be a defense in any subsequent civil or
  355  criminal proceeding under this chapter.
  356         Section 3. Section 895.06, Florida Statutes, is amended to
  357  read:
  358         895.06 Civil investigative subpoenas.—
  359         (1) As used in this section, the term “investigative
  360  agency” means the Department of Legal Affairs, the Office of
  361  Statewide Prosecution, or the office of a state attorney.
  362         (1)(2) If, pursuant to the civil enforcement provisions of
  363  s. 895.05, an investigative agency has reason to believe that a
  364  person or other enterprise has engaged in, or is engaging in,
  365  activity in violation of this chapter act, the investigative
  366  agency may administer oaths or affirmations, subpoena witnesses
  367  or material, and collect evidence.
  368         (2)(3)A subpoena issued pursuant to this chapter is
  369  confidential for 120 days after the date of its issuance. The
  370  subpoenaed person or entity may not disclose the existence of
  371  the subpoena to any person or entity other than his or her
  372  attorney during the 120-day period. The subpoena must include a
  373  reference to the confidentiality of the subpoena and a notice to
  374  the recipient of the subpoena that disclosure of the existence
  375  of the subpoena to any other person or entity except the
  376  subpoenaed person’s or entity’s attorney is prohibited. The
  377  investigative agency may apply ex parte to the circuit court for
  378  the circuit in which a subpoenaed person or entity resides, is
  379  found, or transacts business for an order directing that the
  380  subpoenaed person or entity not disclose the existence of the
  381  subpoena to any other person or entity except the subpoenaed
  382  person’s attorney for an additional a period of time 90 days,
  383  which time may be extended by the court for good cause shown by
  384  the investigative agency. The order shall be served on the
  385  subpoenaed person or entity with the subpoena, and the subpoena
  386  must shall include a reference to the order and a notice to the
  387  recipient of the subpoena that disclosure of the existence of
  388  the subpoena to any other person or entity in violation of the
  389  order may subject the subpoenaed person or entity to punishment
  390  for contempt of court. Such an order may be granted by the court
  391  only upon a showing:
  392         (a) Of sufficient factual grounds to reasonably indicate a
  393  violation of ss. 895.01-895.06;
  394         (b) That the documents or testimony sought appear
  395  reasonably calculated to lead to the discovery of admissible
  396  evidence; and
  397         (c) Of facts that which reasonably indicate that disclosure
  398  of the subpoena would hamper or impede the investigation or
  399  would result in a flight from prosecution.
  400         (3)(4) If matter that the investigative agency seeks to
  401  obtain by the subpoena is located outside the state, the person
  402  or enterprise subpoenaed may make such matter available to the
  403  investigative agency or its representative for examination at
  404  the place where such matter is located. The investigative agency
  405  may designate representatives, including officials of the
  406  jurisdiction in which the matter is located, to inspect the
  407  matter on its behalf and may respond to similar requests from
  408  officials of other jurisdictions.
  409         (4)(5) Upon failure of a person or enterprise, without
  410  lawful excuse, to obey a subpoena issued under this section or a
  411  subpoena issued in the course of a civil proceeding instituted
  412  pursuant to s. 895.05, and after reasonable notice to such
  413  person or enterprise, the investigative agency may apply to the
  414  circuit court in which such civil proceeding is pending or, if
  415  no civil proceeding is pending, to the circuit court for the
  416  judicial circuit in which such person or enterprise resides, is
  417  found, or transacts business for an order compelling compliance.
  418  Except in a prosecution for perjury, an individual who complies
  419  with a court order to provide testimony or material after
  420  asserting a privilege against self-incrimination to which the
  421  individual is entitled by law shall not have the testimony or
  422  material so provided, or evidence derived therefrom, received
  423  against him or her in any criminal investigation or proceeding.
  424         (5)(6) A person who fails to obey a court order entered
  425  pursuant to this section may be punished for contempt of court.
  426         (6) The investigative agency may stipulate to protective
  427  orders with respect to documents and information submitted in
  428  response to a subpoena issued under this section.
  429         Section 4. Paragraph (b) of subsection (1) of section
  430  895.09, Florida Statutes, is amended, and paragraph (d) is added
  431  to that subsection, to read:
  432         895.09 Disposition of funds obtained through forfeiture
  433  proceedings.—
  434         (1) A court entering a judgment of forfeiture in a
  435  proceeding brought pursuant to s. 895.05 shall retain
  436  jurisdiction to direct the distribution of any cash or of any
  437  cash proceeds realized from the forfeiture and disposition of
  438  the property. The court shall direct the distribution of the
  439  funds in the following order of priority:
  440         (b) Any claims against the property by persons who have
  441  previously been judicially determined to be innocent persons,
  442  pursuant to s. 895.05(2)(e) the provisions of s. 895.05(2)(c),
  443  and whose interests are preserved from forfeiture by the court
  444  and not otherwise satisfied. Such claims may include any claim
  445  by a person appointed by the court as receiver pending
  446  litigation.
  447         (d) Any claims for restitution by victims of the
  448  racketeering activity. Where the forfeiture action was brought
  449  by the Department of Legal Affairs, the restitution shall be
  450  distributed through the Legal Affairs Revolving Trust Fund;
  451  otherwise, the restitution shall be distributed by the clerk of
  452  the court.
  453         Section 5. Paragraph (a) of subsection (1) of section
  454  16.56, Florida Statutes, is amended to read:
  455         16.56 Office of Statewide Prosecution.—
  456         (1) There is created in the Department of Legal Affairs an
  457  Office of Statewide Prosecution. The office shall be a separate
  458  “budget entity” as that term is defined in chapter 216. The
  459  office may:
  460         (a) Investigate and prosecute the offenses of:
  461         1. Bribery, burglary, criminal usury, extortion, gambling,
  462  kidnapping, larceny, murder, prostitution, perjury, robbery,
  463  carjacking, and home-invasion robbery;
  464         2. Any crime involving narcotic or other dangerous drugs;
  465         3. Any violation of the provisions of the Florida RICO
  466  (Racketeer Influenced and Corrupt Organization) Act, including
  467  any offense listed in the definition of racketeering activity in
  468  s. 895.02(8)(a) 895.02(1)(a), providing such listed offense is
  469  investigated in connection with a violation of s. 895.03 and is
  470  charged in a separate count of an information or indictment
  471  containing a count charging a violation of s. 895.03, the
  472  prosecution of which listed offense may continue independently
  473  if the prosecution of the violation of s. 895.03 is terminated
  474  for any reason;
  475         4. Any violation of the provisions of the Florida Anti
  476  Fencing Act;
  477         5. Any violation of the provisions of the Florida Antitrust
  478  Act of 1980, as amended;
  479         6. Any crime involving, or resulting in, fraud or deceit
  480  upon any person;
  481         7. Any violation of s. 847.0135, relating to computer
  482  pornography and child exploitation prevention, or any offense
  483  related to a violation of s. 847.0135 or any violation of
  484  chapter 827 where the crime is facilitated by or connected to
  485  the use of the Internet or any device capable of electronic data
  486  storage or transmission;
  487         8. Any violation of the provisions of chapter 815;
  488         9. Any criminal violation of part I of chapter 499;
  489         10. Any violation of the provisions of the Florida Motor
  490  Fuel Tax Relief Act of 2004;
  491         11. Any criminal violation of s. 409.920 or s. 409.9201;
  492         12. Any crime involving voter registration, voting, or
  493  candidate or issue petition activities;
  494         13. Any criminal violation of the Florida Money Laundering
  495  Act;
  496         14. Any criminal violation of the Florida Securities and
  497  Investor Protection Act; or
  498         15. Any violation of the provisions of chapter 787, as well
  499  as any and all offenses related to a violation of the provisions
  500  of chapter 787;
  501  
  502  or any attempt, solicitation, or conspiracy to commit any of the
  503  crimes specifically enumerated above. The office shall have such
  504  power only when any such offense is occurring, or has occurred,
  505  in two or more judicial circuits as part of a related
  506  transaction, or when any such offense is connected with an
  507  organized criminal conspiracy affecting two or more judicial
  508  circuits. Informations or indictments charging such offenses
  509  shall contain general allegations stating the judicial circuits
  510  and counties in which crimes are alleged to have occurred or the
  511  judicial circuits and counties in which crimes affecting such
  512  circuits or counties are alleged to have been connected with an
  513  organized criminal conspiracy.
  514         Section 6. Subsection (3) of section 905.34, Florida
  515  Statutes, is amended to read:
  516         905.34 Powers and duties; law applicable.—The jurisdiction
  517  of a statewide grand jury impaneled under this chapter shall
  518  extend throughout the state. The subject matter jurisdiction of
  519  the statewide grand jury shall be limited to the offenses of:
  520         (3) Any violation of the provisions of the Florida RICO
  521  (Racketeer Influenced and Corrupt Organization) Act, including
  522  any offense listed in the definition of racketeering activity in
  523  s. 895.02(8)(a) 895.02(1)(a), providing such listed offense is
  524  investigated in connection with a violation of s. 895.03 and is
  525  charged in a separate count of an information or indictment
  526  containing a count charging a violation of s. 895.03, the
  527  prosecution of which listed offense may continue independently
  528  if the prosecution of the violation of s. 895.03 is terminated
  529  for any reason;
  530  
  531  or any attempt, solicitation, or conspiracy to commit any
  532  violation of the crimes specifically enumerated above, when any
  533  such offense is occurring, or has occurred, in two or more
  534  judicial circuits as part of a related transaction or when any
  535  such offense is connected with an organized criminal conspiracy
  536  affecting two or more judicial circuits. The statewide grand
  537  jury may return indictments and presentments irrespective of the
  538  county or judicial circuit where the offense is committed or
  539  triable. If an indictment is returned, it shall be certified and
  540  transferred for trial to the county where the offense was
  541  committed. The powers and duties of, and law applicable to,
  542  county grand juries shall apply to a statewide grand jury except
  543  when such powers, duties, and law are inconsistent with the
  544  provisions of ss. 905.31-905.40.
  545         Section 7. For the purpose of incorporating the amendment
  546  made by this act to section 895.05, Florida Statutes, in a
  547  reference thereto, subsection (4) and paragraph (a) of
  548  subsection (5) of section 16.53, Florida Statutes, are
  549  reenacted, and subsection (6) of that section is amended, to
  550  read:
  551         16.53 Legal Affairs Revolving Trust Fund.—
  552         (4) Subject to the provisions of s. 895.09, when the
  553  Attorney General files an action pursuant to s. 895.05, funds
  554  provided to the Department of Legal Affairs pursuant to s.
  555  895.09(2)(a) or, alternatively, attorneys’ fees and costs,
  556  whichever is greater, shall be deposited in the fund.
  557         (5)(a) In the case of a forfeiture action pursuant to s.
  558  895.05, the remainder of the moneys recovered shall be
  559  distributed as set forth in s. 895.09.
  560         (6) “Moneys recovered” means damages or penalties or any
  561  other monetary payment, including monetary proceeds from
  562  property forfeited to the state pursuant to s. 895.05 remaining
  563  after satisfaction of any valid claims made pursuant to s.
  564  895.09(1)(a)-(d) 895.09(1)(a)-(c), which damages, penalties, or
  565  other monetary payment is made by any defendant by reason of any
  566  decree or settlement in any Racketeer Influenced and Corrupt
  567  Organization Act or state or federal antitrust action prosecuted
  568  by the Attorney General, but excludes attorney attorneys’ fees
  569  and costs.
  570         Section 8. For the purpose of incorporating the amendment
  571  made by this act to section 895.05, Florida Statutes, in a
  572  reference thereto, subsection (1) of section 27.345, Florida
  573  Statutes, is reenacted to read:
  574         27.345 State Attorney RICO Trust Fund; authorized use of
  575  funds; reporting.—
  576         (1) Subject to the provisions of s. 895.09, when a state
  577  attorney files an action pursuant to s. 895.05, funds provided
  578  to the state attorney pursuant to s. 895.09(2)(a) or,
  579  alternatively, attorneys’ fees and costs, whichever is greater,
  580  shall be deposited in the State Attorney RICO Trust Fund.
  581         Section 9. For the purpose of incorporating the amendment
  582  made by this act to section 895.05, Florida Statutes, in a
  583  reference thereto, subsection (3) of section 92.142, Florida
  584  Statutes, is reenacted to read:
  585         92.142 Witnesses; pay.—
  586         (3) Any witness subpoenaed to testify on behalf of the
  587  state in any action brought pursuant to s. 895.05 or chapter 542
  588  who is required to travel outside his or her county of residence
  589  and more than 50 miles from his or her residence, or who is
  590  required to travel from out of state, shall be entitled to per
  591  diem and travel expenses at the same rate provided for state
  592  employees under s. 112.061 in lieu of any state witness fee.
  593         Section 10. This act shall take effect July 1, 2015.
  594  ================= T I T L E  A M E N D M E N T ================
  595  And the title is amended as follows:
  596         Delete everything before the enacting clause
  597  and insert:
  598                        A bill to be entitled                      
  599         An act relating to offenses concerning racketeering
  600         and illegal debts; reordering and amending s. 895.02,
  601         F.S.; specifying the earliest date that incidents
  602         constituting a pattern of racketeering activity may
  603         have occurred; conforming a cross-reference; amending
  604         s. 895.05, F.S.; authorizing an investigative agency
  605         to institute a civil proceeding for forfeiture in a
  606         circuit court in certain circumstances; adding
  607         diminution in value as a ground for an action under
  608         certain circumstances; removing certain grounds for an
  609         action; authorizing a court to order the forfeiture of
  610         other property of the defendant up to the value of the
  611         unavailable property in certain circumstances;
  612         authorizing the Department of Legal Affairs to bring
  613         an action for certain violations to obtain specified
  614         relief, fees, and costs for certain purposes;
  615         providing for civil penalties for natural persons and
  616         other persons who commit certain violations; providing
  617         for deposit of moneys received for certain violations;
  618         authorizing a party to a specific civil action to
  619         petition the court for entry of a consent decree or
  620         for approval of a settlement agreement; providing
  621         requirements for such decrees or agreements; amending
  622         s. 895.06, F.S.; deleting the definition of
  623         “investigative agency” for purposes of provisions
  624         relating to civil investigative subpoenas; providing
  625         that a subpoena must be confidential for a specified
  626         time; restricting to whom the subpoenaed person or
  627         entity may disclose the existence of the subpoena;
  628         requiring certain information to be included in the
  629         subpoena; authorizing the investigative agency to
  630         apply for an order extending the amount of time the
  631         subpoena remains confidential rather than having it
  632         extended by the court for a specified period;
  633         providing that the investigative agency has the
  634         authority to stipulate to protective orders with
  635         respect to documents and information submitted in
  636         response to a subpoena; amending s. 895.09, F.S.;
  637         conforming a cross-reference; providing for
  638         distribution of forfeiture proceeds to victims;
  639         amending ss. 16.56 and 905.34, F.S.; conforming cross
  640         references; reenacting and amending s. 16.53, F.S.,
  641         relating to the Department of Legal Affairs Trust
  642         Fund, to incorporate the amendment made by the act to
  643         s. 895.05, F.S., in references thereto; conforming a
  644         cross-reference; reenacting ss. 27.345(1) and
  645         92.142(3), F.S., relating to the State Attorney RICO
  646         Trust Fund and witness pay, respectively, to
  647         incorporate the amendment made by the act to s.
  648         895.05, F.S., in references thereto; providing an
  649         effective date.