Senate Bill sb2332

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    Florida Senate - 2005                                  SB 2332

    By Senator Bennett





    21-989A-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; creating s. 501.161,

11         F.S.; prohibiting the sale or rental of, or the

12         offer to sell or rent, essential equipment,

13         commodities, or accommodation, as defined,

14         during a declared state of emergency for 110

15         percent or more of its average price for the 30

16         days immediately preceding the declaration of

17         emergency; providing an exception; providing

18         penalties; providing an effective date.

19  

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

21  

22         Section 1.  Section 775.0844, Florida Statutes, is

23  amended to read:

24         775.0844  White Collar Crime Victim Protection Act.--

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

26  Crime Victim Protection Act."

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

28  particularly elderly victims, are deceived and cheated by

29  criminals who commit nonviolent frauds and swindles,

30  frequently through the use of the Internet and other

31  electronic technology and frequently causing the loss of

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    Florida Senate - 2005                                  SB 2332
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 1  substantial amounts of property, it is the intent of the

 2  Legislature to enhance the sanctions imposed for nonviolent

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

 4  in prosecuting white collar criminals.

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

 6  means:

 7         (a)  The commission of, or a conspiracy to commit, any

 8  felony offense specified in:

 9         1.  Section 409.920, relating to Medicaid provider

10  fraud.

11         2.1.  Chapter 560, relating to the Money Transmitters'

12  Code.

13         3.2.  Chapter 812, relating to theft, robbery, and

14  related crimes.

15         4.3.  Chapter 815, relating to computer-related crimes.

16         5.4.  Chapter 817, relating to fraudulent practices.

17         6.5.  Chapter 825, relating to abuse, neglect, and

18  exploitation of elderly persons and disabled adults.

19         7.6.  Chapter 831, relating to forgery and

20  counterfeiting.

21         8.7.  Chapter 832, relating to the issuance of

22  worthless checks and drafts.

23         9.8.  Chapter 838, relating to bribery and misuse of

24  public office.

25         10.9.  Chapter 839, relating to offenses by public

26  officers and employees.

27         11.10.  Chapter 895, relating to offenses concerning

28  racketeering and illegal debts.

29         12.11.  Chapter 896, relating to offenses related to

30  financial transactions.

31  

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

 2  defraud or that involves a conspiracy to defraud.

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

 4  temporarily or permanently deprive a person of his or her

 5  property or that involves a conspiracy to temporarily or

 6  permanently deprive a person of his or her property.

 7         (d)  A felony offense that involves or results in the

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

 9  conspiracy to commit fraud or deceit upon a person.

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

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

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

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

14  interrelated by distinguishing characteristics and are not

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

16  crimes occurred after the effective date of this act.

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

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

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

20  in s. 825.101(5);

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

22  1.01; or

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

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

25  the state's political subdivisions,

26  

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

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

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

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

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

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

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

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

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

 5  intent to defraud is an element, either:

 6         (a)  Victimizes 20 or more persons, as defined in s.

 7  1.01; or

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

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

10  the state's political subdivisions,

11  

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

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

14  shall be sentenced to a minimum mandatory term of imprisonment

15  of 10 years.

16         (7)(6)  Notwithstanding any other provision of chapter

17  921 or any other law, an aggravated white collar crime shall

18  be ranked within the offense severity ranking chart at offense

19  severity level 9.

20         (8)(7)  In addition to a sentence otherwise authorized

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

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

23  pecuniary gain or loss, whichever is greater.

24         (9)(8)  A person convicted of an aggravated white

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

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

27  regardless of whether the victim is named in the information

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

29  person directly and proximately harmed as a result of the

30  commission of the offense for which restitution may be

31  ordered, including any person directly harmed by the

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

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

 3  hearing to determine the identity of qualifying victims and

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

 5  her ability to pay, in accordance with this section and s.

 6  775.089.

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

 8  condition of any probation granted to the defendant by the

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

10  continued probation for a defendant convicted under this

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

12  to the victim, whichever occurs earlier.

13         (b)  The court retains jurisdiction to enforce its

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

15  proceedings against a defendant for a violation of probation

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

17  comply with a lawful order of the court.

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

19  921.0022, Florida Statutes, is amended to read:

20         921.0022  Criminal Punishment Code; offense severity

21  ranking chart.--

22         (3)  OFFENSE SEVERITY RANKING CHART

23  

24  Florida           Felony

25  Statute           Degree             Description

26  

27                     

28                              (i)  LEVEL 9

29  316.193

30   (3)(c)3.b.        1st      DUI manslaughter; failing to

31                              render aid or give information.

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 1  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

 2                              render aid or give information.

 3  499.0053           1st      Sale or purchase of contraband

 4                              legend drugs resulting in great

 5                              bodily harm.

 6  560.123(8)(b)3.    1st      Failure to report currency or

 7                              payment instruments totaling or

 8                              exceeding $100,000 by money

 9                              transmitter.

10  560.125(5)(c)      1st      Money transmitter business by

11                              unauthorized person, currency, or

12                              payment instruments totaling or

13                              exceeding $100,000.

14  655.50(10)(b)3.    1st      Failure to report financial

15                              transactions totaling or

16                              exceeding $100,000 by financial

17                              institution.

18  775.0844(5)&(6)    1st      Aggravated white collar crime.

19  782.04(1)          1st      Attempt, conspire, or solicit to

20                              commit premeditated murder.

21  782.04(3)          1st,PBL   Accomplice to murder in

22                              connection with arson, sexual

23                              battery, robbery, burglary, and

24                              other specified felonies.

25  782.051(1)         1st      Attempted felony murder while

26                              perpetrating or attempting to

27                              perpetrate a felony enumerated in

28                              s. 782.04(3).

29  782.07(2)          1st      Aggravated manslaughter of an

30                              elderly person or disabled adult.

31  

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 1  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

 2                              reward or as a shield or hostage.

 3  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

 4                              or facilitate commission of any

 5                              felony.

 6  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

 7                              interfere with performance of any

 8                              governmental or political

 9                              function.

10  787.02(3)(a)       1st      False imprisonment; child under

11                              age 13; perpetrator also commits

12                              aggravated child abuse, sexual

13                              battery, or lewd or lascivious

14                              battery, molestation, conduct, or

15                              exhibition.

16  790.161            1st      Attempted capital destructive

17                              device offense.

18  790.166(2)         1st,PBL  Possessing, selling, using, or

19                              attempting to use a weapon of

20                              mass destruction.

21  794.011(2)         1st      Attempted sexual battery; victim

22                              less than 12 years of age.

23  794.011(2)         Life     Sexual battery; offender younger

24                              than 18 years and commits sexual

25                              battery on a person less than 12

26                              years.

27  794.011(4)         1st      Sexual battery; victim 12 years

28                              or older, certain circumstances.

29  

30  

31  

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 1  794.011(8)(b)      1st      Sexual battery; engage in sexual

 2                              conduct with minor 12 to 18 years

 3                              by person in familial or

 4                              custodial authority.

 5  800.04(5)(b)       1st      Lewd or lascivious molestation;

 6                              victim less than 12 years;

 7                              offender 18 years or older.

 8  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 9                              deadly weapon.

10  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

11                              deadly weapon.

12  812.135(2)(b)      1st      Home-invasion robbery with

13                              weapon.

14  817.568(7)         2nd,PBL  Fraudulent use of personal

15                              identification information of an

16                              individual under the age of 18 by

17                              his or her parent, legal

18                              guardian, or person exercising

19                              custodial authority.

20  827.03(2)          1st      Aggravated child abuse.

21  847.0145(1)        1st      Selling, or otherwise

22                              transferring custody or control,

23                              of a minor.

24  847.0145(2)        1st      Purchasing, or otherwise

25                              obtaining custody or control, of

26                              a minor.

27  

28  

29  

30  

31  

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 1  859.01             1st      Poisoning or introducing

 2                              bacteria, radioactive materials,

 3                              viruses, or chemical compounds

 4                              into food, drink, medicine, or

 5                              water with intent to kill or

 6                              injure another person.

 7  893.135            1st      Attempted capital trafficking

 8                              offense.

 9  893.135(1)(a)3.    1st      Trafficking in cannabis, more

10                              than 10,000 lbs.

11  893.135

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

13                              400 grams, less than 150

14                              kilograms.

15  893.135

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

17                              more than 28 grams, less than 30

18                              kilograms.

19  893.135

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

21                              more than 400 grams.

22  893.135

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

24                              than 25 kilograms.

25  893.135

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

27                              than 200 grams.

28  893.135

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

30                              gamma-hydroxybutyric acid (GHB),

31                              10 kilograms or more.

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 1  893.135

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

 3                              kilograms or more.

 4  893.135

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

 6                              400 grams or more.

 7  896.101(5)(c)      1st      Money laundering, financial

 8                              instruments totaling or exceeding

 9                              $100,000.

10  896.104(4)(a)3.    1st      Structuring transactions to evade

11                              reporting or registration

12                              requirements, financial

13                              transactions totaling or

14                              exceeding $100,000.

15         Section 3.  Section 501.161, Florida Statutes, is

16  created to read:

17         501.161  Price gouging during state of emergency;

18  penalties.--

19         (1)  As used in this section, the term:

20         (a)  "Essential equipment, commodities, or

21  accommodation" means any goods, services, materials,

22  merchandise, supplies, equipment, resources, or other article

23  of commerce and includes, without limitation, food, water,

24  ice, chemicals, petroleum products, and lumber necessary for

25  consumption or use as a direct result of an emergency. The

26  term also includes any temporary accommodation, such as a

27  hotel, motel, other transient lodging facility, or other

28  residential accommodation, sought by persons seeking shelter

29  during the emergency.

30         (b)  "Price gouging" means knowingly renting or

31  selling, or attempting or offering to rent or sell, essential

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 1  equipment, commodities, or accommodation during a state of

 2  emergency declared by the Governor for an unconscionable price

 3  that is 110 percent or more of the average price charged for

 4  such essential equipment, commodities, or accommodation for

 5  the 30 days immediately preceding the declaration of a state

 6  of emergency, unless the increase is caused by actual costs

 7  incurred in connection with such essential equipment,

 8  commodities, or accommodation.

 9         (2)  It is unlawful for any person to engage in price

10  gouging in this state.

11         (a)  Price gouging constitutes a misdemeanor of the

12  second degree, punishable as provided in s. 775.082 or s.

13  775.083, if the offender receives less than $300, or receives

14  no consideration of any kind, for the essential equipment,

15  commodities, or accommodation.

16         (b)  Price gouging constitutes a misdemeanor of the

17  first degree, punishable as provided in s. 775.082 or s.

18  775.083, if the offender receives $300 or more for the

19  essential equipment, commodities, or accommodation.

20         Section 4.  This act shall take effect July 1, 2005.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Defines the term "white collar crime" to include Medicaid
      provider fraud. Provides a minimum mandatory term of
25    imprisonment for committing an aggravated white collar
      crime involving Medicaid provider fraud. Declares it a
26    second-degree misdemeanor for a person to sell or rent,
      or offer to sell or rent, "essential equipment,
27    commodities, or accommodation," as defined, during a
      declared state of emergency for a price that is 110
28    percent or more of the average price for that equipment,
      commodity, or accommodation during the 30 days preceding
29    the declaration of emergency, an offense entitled "price
      gouging." When such person receives $300 or more as a
30    result, the offense becomes a first-degree misdemeanor.
      (See bill for details.)
31  

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