Florida Senate - 2016 SB 850
By Senator Bradley
7-01019-16 2016850__
1 A bill to be entitled
2 An act relating to offenses concerning racketeering
3 and illegal debts; reordering and amending s. 895.02,
4 F.S.; specifying the earliest date that incidents
5 constituting a pattern of racketeering activity may
6 have occurred; conforming a cross-reference; amending
7 s. 895.05, F.S.; authorizing an investigative agency
8 to institute a civil proceeding for forfeiture in a
9 circuit court in certain circumstances; adding
10 diminution in value as a ground for an action under
11 certain circumstances; removing certain grounds for an
12 action; authorizing a court to order the forfeiture of
13 other property of the defendant up to the value of
14 unavailable property in certain circumstances;
15 authorizing the Department of Legal Affairs to bring
16 an action for certain violations to obtain specified
17 relief, fees, and costs for certain purposes;
18 providing for civil penalties for natural persons and
19 other persons who commit certain violations; providing
20 for deposit of moneys received for certain violations;
21 authorizing a party to a specific civil action to
22 petition the court for entry of a consent decree or
23 for approval of a settlement agreement; providing
24 requirements for such decrees or agreements; amending
25 s. 895.06, F.S.; deleting the definition of
26 “investigative agency” for purposes of provisions
27 relating to civil investigative subpoenas; providing
28 that a subpoena must be confidential for a specified
29 time; restricting to whom the subpoenaed person or
30 entity may disclose the existence of the subpoena;
31 requiring certain information be included in the
32 subpoena; authorizing the investigative agency to
33 apply for an order extending the amount of time the
34 subpoena remains confidential rather than having it
35 extended by the court for a specified period;
36 providing that the investigative agency has the
37 authority to stipulate to protective orders with
38 respect to documents and information submitted in
39 response to a subpoena; amending s. 895.09, F.S.;
40 conforming a cross-reference; providing for
41 distribution of forfeiture proceeds to victims;
42 amending ss. 16.56 and 905.34, F.S.; conforming cross
43 references; amending s. 16.53, F.S., and reenacting
44 subsection (4) and paragraph (5)(a), relating to the
45 Legal Affairs Revolving Trust Fund, to incorporate the
46 amendment made by the act to s. 895.05, F.S., a
47 reference thereto; conforming a cross-reference;
48 reenacting ss. 27.345(1) and 92.142(3), F.S., relating
49 to the State Attorney RICO Trust Fund and witness pay,
50 respectively, to incorporate the amendment made by the
51 act to s. 895.05, F.S., in references thereto;
52 providing an effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Section 895.02, Florida Statutes, is reordered
57 and amended to read:
58 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
59 (8)(1) “Racketeering activity” means to commit, to attempt
60 to commit, to conspire to commit, or to solicit, coerce, or
61 intimidate another person to commit:
62 (a) Any crime that is chargeable by petition, indictment,
63 or information under the following provisions of the Florida
64 Statutes:
65 1. Section 210.18, relating to evasion of payment of
66 cigarette taxes.
67 2. Section 316.1935, relating to fleeing or attempting to
68 elude a law enforcement officer and aggravated fleeing or
69 eluding.
70 3. Section 403.727(3)(b), relating to environmental
71 control.
72 4. Section 409.920 or s. 409.9201, relating to Medicaid
73 fraud.
74 5. Section 414.39, relating to public assistance fraud.
75 6. Section 440.105 or s. 440.106, relating to workers’
76 compensation.
77 7. Section 443.071(4), relating to creation of a fictitious
78 employer scheme to commit reemployment assistance fraud.
79 8. Section 465.0161, relating to distribution of medicinal
80 drugs without a permit as an Internet pharmacy.
81 9. Section 499.0051, relating to crimes involving
82 contraband and adulterated drugs.
83 10. Part IV of chapter 501, relating to telemarketing.
84 11. Chapter 517, relating to sale of securities and
85 investor protection.
86 12. Section 550.235 or s. 550.3551, relating to dogracing
87 and horseracing.
88 13. Chapter 550, relating to jai alai frontons.
89 14. Section 551.109, relating to slot machine gaming.
90 15. Chapter 552, relating to the manufacture, distribution,
91 and use of explosives.
92 16. Chapter 560, relating to money transmitters, if the
93 violation is punishable as a felony.
94 17. Chapter 562, relating to beverage law enforcement.
95 18. Section 624.401, relating to transacting insurance
96 without a certificate of authority, s. 624.437(4)(c)1., relating
97 to operating an unauthorized multiple-employer welfare
98 arrangement, or s. 626.902(1)(b), relating to representing or
99 aiding an unauthorized insurer.
100 19. Section 655.50, relating to reports of currency
101 transactions, when such violation is punishable as a felony.
102 20. Chapter 687, relating to interest and usurious
103 practices.
104 21. Section 721.08, s. 721.09, or s. 721.13, relating to
105 real estate timeshare plans.
106 22. Section 775.13(5)(b), relating to registration of
107 persons found to have committed any offense for the purpose of
108 benefiting, promoting, or furthering the interests of a criminal
109 gang.
110 23. Section 777.03, relating to commission of crimes by
111 accessories after the fact.
112 24. Chapter 782, relating to homicide.
113 25. Chapter 784, relating to assault and battery.
114 26. Chapter 787, relating to kidnapping or human
115 trafficking.
116 27. Chapter 790, relating to weapons and firearms.
117 28. Chapter 794, relating to sexual battery, but only if
118 such crime was committed with the intent to benefit, promote, or
119 further the interests of a criminal gang, or for the purpose of
120 increasing a criminal gang member’s own standing or position
121 within a criminal gang.
122 29. Former s. 796.03, former s. 796.035, s. 796.04, s.
123 796.05, or s. 796.07, relating to prostitution.
124 30. Chapter 806, relating to arson and criminal mischief.
125 31. Chapter 810, relating to burglary and trespass.
126 32. Chapter 812, relating to theft, robbery, and related
127 crimes.
128 33. Chapter 815, relating to computer-related crimes.
129 34. Chapter 817, relating to fraudulent practices, false
130 pretenses, fraud generally, and credit card crimes.
131 35. Chapter 825, relating to abuse, neglect, or
132 exploitation of an elderly person or disabled adult.
133 36. Section 827.071, relating to commercial sexual
134 exploitation of children.
135 37. Section 828.122, relating to fighting or baiting
136 animals.
137 38. Chapter 831, relating to forgery and counterfeiting.
138 39. Chapter 832, relating to issuance of worthless checks
139 and drafts.
140 40. Section 836.05, relating to extortion.
141 41. Chapter 837, relating to perjury.
142 42. Chapter 838, relating to bribery and misuse of public
143 office.
144 43. Chapter 843, relating to obstruction of justice.
145 44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
146 s. 847.07, relating to obscene literature and profanity.
147 45. Chapter 849, relating to gambling, lottery, gambling or
148 gaming devices, slot machines, or any of the provisions within
149 that chapter.
150 46. Chapter 874, relating to criminal gangs.
151 47. Chapter 893, relating to drug abuse prevention and
152 control.
153 48. Chapter 896, relating to offenses related to financial
154 transactions.
155 49. Sections 914.22 and 914.23, relating to tampering with
156 or harassing a witness, victim, or informant, and retaliation
157 against a witness, victim, or informant.
158 50. Sections 918.12 and 918.13, relating to tampering with
159 jurors and evidence.
160 (b) Any conduct defined as “racketeering activity” under 18
161 U.S.C. s. 1961(1).
162 (12)(2) “Unlawful debt” means any money or other thing of
163 value constituting principal or interest of a debt that is
164 legally unenforceable in this state in whole or in part because
165 the debt was incurred or contracted:
166 (a) In violation of any one of the following provisions of
167 law:
168 1. Section 550.235 or s. 550.3551, relating to dogracing
169 and horseracing.
170 2. Chapter 550, relating to jai alai frontons.
171 3. Section 551.109, relating to slot machine gaming.
172 4. Chapter 687, relating to interest and usury.
173 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
174 849.25, relating to gambling.
175 (b) In gambling activity in violation of federal law or in
176 the business of lending money at a rate usurious under state or
177 federal law.
178 (5)(3) “Enterprise” means any individual, sole
179 proprietorship, partnership, corporation, business trust, union
180 chartered under the laws of this state, or other legal entity,
181 or any unchartered union, association, or group of individuals
182 associated in fact although not a legal entity; and it includes
183 illicit as well as licit enterprises and governmental, as well
184 as other, entities. A criminal gang, as defined in s. 874.03,
185 constitutes an enterprise.
186 (7)(4) “Pattern of racketeering activity” means engaging in
187 at least two incidents of racketeering conduct that have the
188 same or similar intents, results, accomplices, victims, or
189 methods of commission or that otherwise are interrelated by
190 distinguishing characteristics and are not isolated incidents,
191 provided at least one of such incidents occurred after October
192 1, 1977, the effective date of this act and that the last of
193 such incidents occurred within 5 years after a prior incident of
194 racketeering conduct.
195 (4)(5) “Documentary material” means any book, paper,
196 document, writing, drawing, graph, chart, photograph,
197 phonorecord, magnetic tape, computer printout, other data
198 compilation from which information can be obtained or from which
199 information can be translated into usable form, or other
200 tangible item.
201 (10)(6) “RICO lien notice” means the notice described in s.
202 895.05(13) s. 895.05(12) or in s. 895.07.
203 (6)(7) “Investigative agency” means the Department of Legal
204 Affairs, the Office of Statewide Prosecution, or the office of a
205 state attorney.
206 (1)(8) “Beneficial interest” means any of the following:
207 (a) The interest of a person as a beneficiary under a trust
208 established pursuant to s. 689.07 or s. 689.071 in which the
209 trustee for the trust holds legal or record title to real
210 property;
211 (b) The interest of a person as a beneficiary under any
212 other trust arrangement pursuant to which a trustee holds legal
213 or record title to real property for the benefit of such person;
214 or
215 (c) The interest of a person under any other form of
216 express fiduciary arrangement pursuant to which any other person
217 holds legal or record title to real property for the benefit of
218 such person.
219
220 The term “beneficial interest” does not include the interest of
221 a stockholder in a corporation or the interest of a partner in
222 either a general partnership or a limited partnership. A
223 beneficial interest shall be deemed to be located where the real
224 property owned by the trustee is located.
225 (9) “Real property” means any real property or any interest
226 in such real property, including, but not limited to, any lease
227 of or mortgage upon such real property.
228 (11)(10) “Trustee” means any of the following:
229 (a) Any person acting as trustee pursuant to a trust
230 established under s. 689.07 or s. 689.071 in which the trustee
231 holds legal or record title to real property.
232 (b) Any person who holds legal or record title to real
233 property in which any other person has a beneficial interest.
234 (c) Any successor trustee or trustees to any or all of the
235 foregoing persons.
236
237 However, the term “trustee” does not include any person
238 appointed or acting as a personal representative as defined in
239 s. 731.201 or appointed or acting as a trustee of any
240 testamentary trust or as a trustee of any indenture of trust
241 under which any bonds have been or are to be issued.
242 (3)(11) “Criminal proceeding” means any criminal proceeding
243 commenced by an investigative agency under s. 895.03 or any
244 other provision of the Florida RICO Act.
245 (2)(12) “Civil proceeding” means any civil proceeding
246 commenced by an investigative agency under s. 895.05 or any
247 other provision of the Florida RICO Act.
248 Section 2. Subsections (2), (5), and (8) through (12) of
249 section 895.05, Florida Statutes, are amended to read:
250 895.05 Civil remedies.—
251 (2)(a) All property, real or personal, including money,
252 used in the course of, intended for use in the course of,
253 derived from, or realized through conduct in violation of a
254 provision of ss. 895.01-895.05 is subject to civil forfeiture to
255 the state.
256 (b) An investigative agency may, on behalf of the state,
257 institute a civil proceeding for forfeiture in the circuit court
258 for the judicial circuit in which the real or personal tangible
259 property, as described in paragraph (a), is located. An
260 investigative agency may, on behalf of the state, institute a
261 civil proceeding for forfeiture in a circuit court in the state
262 regarding intangible property as described in paragraph (a).
263 (c) Upon the entry of a final judgment of forfeiture in
264 favor of the state, the title of the state to the forfeited
265 property shall relate back:
266 1. In the case of real property or a beneficial interest,
267 to the date of filing of the RICO lien notice in the official
268 records of the county where the real property or beneficial
269 trust is located; if no RICO lien notice is filed, then to the
270 date of the filing of any notice of lis pendens under s.
271 895.07(5)(a) in the official records of the county where the
272 real property or beneficial interest is located; and if no RICO
273 lien notice or notice of lis pendens is filed, then to the date
274 of recording of the final judgment of forfeiture in the official
275 records of the county where the real property or beneficial
276 interest is located.
277 2. In the case of personal property, to the date the
278 personal property was seized by the investigating agency.
279 (d) If property subject to forfeiture is conveyed,
280 alienated, disposed of, diminished in value, or otherwise
281 rendered unavailable for forfeiture after the filing of a RICO
282 lien notice or after the filing of a civil proceeding or
283 criminal proceeding, whichever is earlier, the investigative
284 agency may, on behalf of the state, institute an action in any
285 circuit court against the person named in the RICO lien notice
286 or the defendant in the civil proceeding or criminal proceeding,
287 and the court shall enter final judgment against the person
288 named in the RICO lien notice or the defendant in the civil
289 proceeding or criminal proceeding in an amount equal to the fair
290 market value of the property, together with investigative costs
291 and attorney attorney’s fees incurred by the investigative
292 agency in the action. As an alternative, the court may order the
293 forfeiture of any other property of a defendant up to the value
294 of the property subject to forfeiture. If a civil proceeding is
295 pending, such action shall be filed only in the court where the
296 civil proceeding is pending.
297 (e)(c) The state shall dispose of all forfeited property as
298 soon as commercially feasible. If property is not exercisable or
299 transferable for value by the state, it shall expire. All
300 forfeitures or dispositions under this section shall be made
301 with due provision for the rights of innocent persons. The
302 proceeds realized from such forfeiture and disposition shall be
303 promptly distributed in accordance with the provisions of s.
304 895.09.
305 (5) The Department of Legal Affairs, any state attorney, or
306 any state agency having jurisdiction over conduct in violation
307 of a provision of this chapter act may institute civil
308 proceedings under this section. In any action brought under this
309 section, the circuit court shall proceed as soon as practicable
310 to the hearing and determination. Pending final determination,
311 the circuit court may at any time enter such injunctions,
312 prohibitions, or restraining orders, or take such actions,
313 including the acceptance of satisfactory performance bonds, as
314 the court may deem proper.
315 (8) A final judgment or decree rendered in favor of the
316 state in any criminal proceeding under this chapter act or any
317 other criminal proceeding under state law shall estop the
318 defendant in any subsequent civil action or proceeding under
319 this chapter act or under s. 772.104 as to all matters as to
320 which such judgment or decree would be an estoppel as between
321 the parties.
322 (9) The Department of Legal Affairs may bring an action for
323 a violation of s. 895.03 to obtain injunctive relief, civil
324 penalties as provided in this subsection, attorney fees, and
325 costs incurred in the investigation and prosecution of any
326 action under this chapter.
327 (a) A natural person who violates s. 895.03 is subject to a
328 civil penalty of up to $100,000. Any other person who violates
329 s. 895.03 is subject to a civil penalty of up to $1 million.
330 Moneys recovered for civil penalties under this paragraph shall
331 be deposited into the General Revenue Fund.
332 (b) Moneys recovered by the Department of Legal Affairs for
333 attorney fees and costs under this subsection shall be deposited
334 into the Legal Affairs Revolving Trust Fund, which may be used
335 to investigate and enforce this chapter.
336 (c) In a civil action brought under this subsection by the
337 Department of Legal Affairs, any party to such action may
338 petition the court for entry of a consent decree or for approval
339 of a settlement agreement. The proposed decree or settlement
340 shall specify the alleged violations, the future obligations of
341 the parties, the relief agreed upon, and the reasons for
342 entering into the consent decree or settlement agreement.
343 (10)(9) The Department of Legal Affairs may, upon timely
344 application, intervene in any civil action or proceeding brought
345 under subsection (6) or subsection (7) if it certifies that, in
346 its opinion, the action or proceeding is of general public
347 importance. In such action or proceeding, the state shall be
348 entitled to the same relief as if the Department of Legal
349 Affairs had instituted the action or proceeding.
350 (11)(10) Notwithstanding any other provision of law, a
351 criminal or civil action or proceeding under this chapter act
352 may be commenced at any time within 5 years after the conduct in
353 violation of a provision of this chapter act terminates or the
354 cause of action accrues. If a criminal prosecution or civil
355 action or other proceeding is brought, or intervened in, to
356 punish, prevent, or restrain any violation of the provisions of
357 this chapter act, the running of the period of limitations
358 prescribed by this section with respect to any cause of action
359 arising under subsection (6), or subsection (7), or subsection
360 (9) which is based in whole or in part upon any matter
361 complained of in any such prosecution, action, or proceeding
362 shall be suspended during the pendency of such prosecution,
363 action, or proceeding and for 2 years following its termination.
364 (12)(11) The application of one civil remedy under any
365 provision of this chapter act does not preclude the application
366 of any other remedy, civil or criminal, under this chapter act
367 or any other provision of law. Civil remedies under this chapter
368 act are supplemental, and not mutually exclusive.
369 (13)(12)(a) In addition to the authority to file a RICO
370 lien notice set forth in s. 895.07(1), the Department of Legal
371 Affairs, the Office of Statewide Prosecution, or the office of a
372 state attorney may apply ex parte to a criminal division of a
373 circuit court and, upon petition supported by sworn affidavit,
374 obtain an order authorizing the filing of a RICO lien notice
375 against real property upon a showing of probable cause to
376 believe that the property was used in the course of, intended
377 for use in the course of, derived from, or realized through
378 conduct in violation of a provision of ss. 895.01-895.05. If the
379 lien notice authorization is granted, the department shall,
380 after filing the lien notice, forthwith provide notice to the
381 owner of the property by one of the following methods:
382 1. By serving the notice in the manner provided by law for
383 the service of process.
384 2. By mailing the notice, postage prepaid, by registered or
385 certified mail to the person to be served at his or her last
386 known address and evidence of the delivery.
387 3. If neither of the foregoing can be accomplished, by
388 posting the notice on the premises.
389 (b) The owner of the property may move the court to
390 discharge the lien, and such motion shall be set for hearing at
391 the earliest possible time.
392 (c) The court shall discharge the lien if it finds that
393 there is no probable cause to believe that the property was used
394 in the course of, intended for use in the course of, derived
395 from, or realized through conduct in violation of a provision of
396 ss. 895.01-895.05 or if it finds that the owner of the property
397 neither knew nor reasonably should have known that the property
398 was used in the course of, intended for use in the course of,
399 derived from, or realized through conduct in violation of a
400 provision of ss. 895.01-895.05.
401 (d) No testimony presented by the owner of the property at
402 the hearing is admissible against him or her in any criminal
403 proceeding except in a criminal prosecution for perjury or false
404 statement, nor shall such testimony constitute a waiver of the
405 owner’s constitutional right against self-incrimination.
406 (e) A lien notice secured under the provisions of this
407 subsection is valid for a period of 90 days from the date the
408 court granted authorization, which period may be extended for an
409 additional 90 days by the court for good cause shown, unless a
410 civil proceeding is instituted under this section and a lien
411 notice is filed under s. 895.07, in which event the term of the
412 lien notice is governed by s. 895.08.
413 (f) The filing of a lien notice, whether or not
414 subsequently discharged or otherwise lifted, shall constitute
415 notice to the owner and knowledge by the owner that the property
416 was used in the course of, intended for use in the course of,
417 derived from, or realized through conduct in violation of a
418 provision of ss. 895.01-895.05, such that lack of such notice
419 and knowledge shall not be a defense in any subsequent civil or
420 criminal proceeding under this chapter.
421 Section 3. Section 895.06, Florida Statutes, is amended to
422 read:
423 895.06 Civil investigative subpoenas; public records
424 exemption.—
425 (1) As used in this section, the term “investigative
426 agency” means the Department of Legal Affairs, the Office of
427 Statewide Prosecution, or the office of a state attorney.
428 (1)(2) If, pursuant to the civil enforcement provisions of
429 s. 895.05, an investigative agency has reason to believe that a
430 person or other enterprise has engaged in, or is engaging in,
431 activity in violation of this chapter act, the investigative
432 agency may administer oaths or affirmations, subpoena witnesses
433 or material, and collect evidence.
434 (2)(3) A subpoena issued pursuant to this chapter is
435 confidential for 120 days after the date of its issuance. The
436 subpoenaed person or entity may not disclose the existence of
437 the subpoena to any person or entity other than his or her
438 attorney during the 120-day period. The subpoena must include a
439 reference to the confidentiality of the subpoena and a notice to
440 the recipient of the subpoena that disclosure of the existence
441 of the subpoena to any person or entity other than the
442 subpoenaed person’s or entity’s attorney is prohibited. The
443 investigative agency may apply ex parte to the circuit court for
444 the circuit in which a subpoenaed person or entity resides, is
445 found, or transacts business for an order directing that the
446 subpoenaed person or entity not disclose the existence of the
447 subpoena to any other person or entity except the subpoenaed
448 person’s attorney for an additional a period of time 90 days,
449 which time may be extended by the court for good cause shown by
450 the investigative agency. The order shall be served on the
451 subpoenaed person or entity with the subpoena, and the subpoena
452 must shall include a reference to the order and a notice to the
453 recipient of the subpoena that disclosure of the existence of
454 the subpoena to any other person or entity in violation of the
455 order may subject the subpoenaed person or entity to punishment
456 for contempt of court. Such an order may be granted by the court
457 only upon a showing:
458 (a) Of sufficient factual grounds to reasonably indicate a
459 violation of ss. 895.01-895.06;
460 (b) That the documents or testimony sought appear
461 reasonably calculated to lead to the discovery of admissible
462 evidence; and
463 (c) Of facts that which reasonably indicate that disclosure
464 of the subpoena would hamper or impede the investigation or
465 would result in a flight from prosecution.
466 (3)(4) If matter that the investigative agency seeks to
467 obtain by the subpoena is located outside the state, the person
468 or enterprise subpoenaed may make such matter available to the
469 investigative agency or its representative for examination at
470 the place where such matter is located. The investigative agency
471 may designate representatives, including officials of the
472 jurisdiction in which the matter is located, to inspect the
473 matter on its behalf and may respond to similar requests from
474 officials of other jurisdictions.
475 (4)(5) Upon failure of a person or enterprise, without
476 lawful excuse, to obey a subpoena issued under this section or a
477 subpoena issued in the course of a civil proceeding instituted
478 pursuant to s. 895.05, and after reasonable notice to such
479 person or enterprise, the investigative agency may apply to the
480 circuit court in which such civil proceeding is pending or, if
481 no civil proceeding is pending, to the circuit court for the
482 judicial circuit in which such person or enterprise resides, is
483 found, or transacts business for an order compelling compliance.
484 Except in a prosecution for perjury, an individual who complies
485 with a court order to provide testimony or material after
486 asserting a privilege against self-incrimination to which the
487 individual is entitled by law shall not have the testimony or
488 material so provided, or evidence derived therefrom, received
489 against him or her in any criminal investigation or proceeding.
490 (5)(6) A person who fails to obey a court order entered
491 pursuant to this section may be punished for contempt of court.
492 (6) The investigative agency may stipulate to protective
493 orders with respect to documents and information submitted in
494 response to a subpoena issued under this section.
495 (7)(a) Information held by an investigative agency pursuant
496 to an investigation of a violation of s. 895.03 is confidential
497 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
498 Constitution.
499 (b) Information made confidential and exempt under
500 paragraph (a) may be disclosed by the investigative agency to:
501 1. A government entity in the performance of its official
502 duties.
503 2. A court or tribunal.
504 (c) Information made confidential and exempt under
505 paragraph (a) is no longer confidential and exempt once all
506 investigations to which the information pertains are completed,
507 unless the information is otherwise protected by law.
508 (d) For purposes of this subsection, an investigation is
509 considered complete once the investigative agency either files
510 an action or closes its investigation without filing an action.
511 (e) This subsection is subject to the Open Government
512 Sunset Review Act in accordance with s. 119.15 and shall stand
513 repealed on October 2, 2020, unless reviewed and saved from
514 repeal through reenactment by the Legislature.
515 Section 4. Paragraph (b) of subsection (1) of section
516 895.09, Florida Statutes, is amended, and paragraph (d) is added
517 to that subsection, to read:
518 895.09 Disposition of funds obtained through forfeiture
519 proceedings.—
520 (1) A court entering a judgment of forfeiture in a
521 proceeding brought pursuant to s. 895.05 shall retain
522 jurisdiction to direct the distribution of any cash or of any
523 cash proceeds realized from the forfeiture and disposition of
524 the property. The court shall direct the distribution of the
525 funds in the following order of priority:
526 (b) Any claims against the property by persons who have
527 previously been judicially determined to be innocent persons,
528 pursuant to s. 895.05(2)(e) the provisions of s. 895.05(2)(c),
529 and whose interests are preserved from forfeiture by the court
530 and not otherwise satisfied. Such claims may include any claim
531 by a person appointed by the court as receiver pending
532 litigation.
533 (d) Any claims for restitution by victims of racketeering
534 activity. If the forfeiture action was brought by the Department
535 of Legal Affairs, the restitution shall be distributed through
536 the Legal Affairs Revolving Trust Fund; otherwise, the
537 restitution shall be distributed by the clerk of the court.
538 Section 5. Paragraph (a) of subsection (1) of section
539 16.56, Florida Statutes, is amended to read:
540 16.56 Office of Statewide Prosecution.—
541 (1) There is created in the Department of Legal Affairs an
542 Office of Statewide Prosecution. The office shall be a separate
543 “budget entity” as that term is defined in chapter 216. The
544 office may:
545 (a) Investigate and prosecute the offenses of:
546 1. Bribery, burglary, criminal usury, extortion, gambling,
547 kidnapping, larceny, murder, prostitution, perjury, robbery,
548 carjacking, and home-invasion robbery;
549 2. Any crime involving narcotic or other dangerous drugs;
550 3. Any violation of the Florida RICO (Racketeer Influenced
551 and Corrupt Organization) Act, including any offense listed in
552 the definition of racketeering activity in s. 895.02(8)(a)
553 895.02(1)(a), providing such listed offense is investigated in
554 connection with a violation of s. 895.03 and is charged in a
555 separate count of an information or indictment containing a
556 count charging a violation of s. 895.03, the prosecution of
557 which listed offense may continue independently if the
558 prosecution of the violation of s. 895.03 is terminated for any
559 reason;
560 4. Any violation of the Florida Anti-Fencing Act;
561 5. Any violation of the Florida Antitrust Act of 1980, as
562 amended;
563 6. Any crime involving, or resulting in, fraud or deceit
564 upon any person;
565 7. Any violation of s. 847.0135, relating to computer
566 pornography and child exploitation prevention, or any offense
567 related to a violation of s. 847.0135 or any violation of
568 chapter 827 where the crime is facilitated by or connected to
569 the use of the Internet or any device capable of electronic data
570 storage or transmission;
571 8. Any violation of chapter 815;
572 9. Any criminal violation of part I of chapter 499;
573 10. Any violation of the Florida Motor Fuel Tax Relief Act
574 of 2004;
575 11. Any criminal violation of s. 409.920 or s. 409.9201;
576 12. Any crime involving voter registration, voting, or
577 candidate or issue petition activities;
578 13. Any criminal violation of the Florida Money Laundering
579 Act;
580 14. Any criminal violation of the Florida Securities and
581 Investor Protection Act; or
582 15. Any violation of chapter 787, as well as any and all
583 offenses related to a violation of chapter 787;
584
585 or any attempt, solicitation, or conspiracy to commit any of the
586 crimes specifically enumerated above. The office shall have such
587 power only when any such offense is occurring, or has occurred,
588 in two or more judicial circuits as part of a related
589 transaction, or when any such offense is connected with an
590 organized criminal conspiracy affecting two or more judicial
591 circuits. Informations or indictments charging such offenses
592 shall contain general allegations stating the judicial circuits
593 and counties in which crimes are alleged to have occurred or the
594 judicial circuits and counties in which crimes affecting such
595 circuits or counties are alleged to have been connected with an
596 organized criminal conspiracy.
597 Section 6. Subsection (3) of section 905.34, Florida
598 Statutes, is amended to read:
599 905.34 Powers and duties; law applicable.—The jurisdiction
600 of a statewide grand jury impaneled under this chapter shall
601 extend throughout the state. The subject matter jurisdiction of
602 the statewide grand jury shall be limited to the offenses of:
603 (3) Any violation of the provisions of the Florida RICO
604 (Racketeer Influenced and Corrupt Organization) Act, including
605 any offense listed in the definition of racketeering activity in
606 s. 895.02(8)(a) 895.02(1)(a), providing such listed offense is
607 investigated in connection with a violation of s. 895.03 and is
608 charged in a separate count of an information or indictment
609 containing a count charging a violation of s. 895.03, the
610 prosecution of which listed offense may continue independently
611 if the prosecution of the violation of s. 895.03 is terminated
612 for any reason;
613
614 or any attempt, solicitation, or conspiracy to commit any
615 violation of the crimes specifically enumerated above, when any
616 such offense is occurring, or has occurred, in two or more
617 judicial circuits as part of a related transaction or when any
618 such offense is connected with an organized criminal conspiracy
619 affecting two or more judicial circuits. The statewide grand
620 jury may return indictments and presentments irrespective of the
621 county or judicial circuit where the offense is committed or
622 triable. If an indictment is returned, it shall be certified and
623 transferred for trial to the county where the offense was
624 committed. The powers and duties of, and law applicable to,
625 county grand juries shall apply to a statewide grand jury except
626 when such powers, duties, and law are inconsistent with the
627 provisions of ss. 905.31-905.40.
628 Section 7. For the purpose of incorporating the amendment
629 made by this act to section 895.05, Florida Statutes, in a
630 reference thereto, subsection (4) and paragraph (a) of
631 subsection (5) of section 16.53, Florida Statutes, are
632 reenacted, and subsection (6) of that section is amended, to
633 read:
634 16.53 Legal Affairs Revolving Trust Fund.—
635 (4) Subject to the provisions of s. 895.09, when the
636 Attorney General files an action pursuant to s. 895.05, funds
637 provided to the Department of Legal Affairs pursuant to s.
638 895.09(2)(a) or, alternatively, attorneys’ fees and costs,
639 whichever is greater, shall be deposited in the fund.
640 (5)(a) In the case of a forfeiture action pursuant to s.
641 895.05, the remainder of the moneys recovered shall be
642 distributed as set forth in s. 895.09.
643 (6) “Moneys recovered” means damages or penalties or any
644 other monetary payment, including monetary proceeds from
645 property forfeited to the state pursuant to s. 895.05 remaining
646 after satisfaction of any valid claims made pursuant to s.
647 895.09(1)(a)-(d) 895.09(1)(a)-(c), which damages, penalties, or
648 other monetary payment is made by any defendant by reason of any
649 decree or settlement in any Racketeer Influenced and Corrupt
650 Organization Act or state or federal antitrust action prosecuted
651 by the Attorney General, but excludes attorney attorneys’ fees
652 and costs.
653 Section 8. For the purpose of incorporating the amendment
654 made by this act to section 895.05, Florida Statutes, in a
655 reference thereto, subsection (1) of section 27.345, Florida
656 Statutes, is reenacted to read:
657 27.345 State Attorney RICO Trust Fund; authorized use of
658 funds; reporting.—
659 (1) Subject to the provisions of s. 895.09, when a state
660 attorney files an action pursuant to s. 895.05, funds provided
661 to the state attorney pursuant to s. 895.09(2)(a) or,
662 alternatively, attorneys’ fees and costs, whichever is greater,
663 shall be deposited in the State Attorney RICO Trust Fund.
664 Section 9. For the purpose of incorporating the amendment
665 made by this act to section 895.05, Florida Statutes, in a
666 reference thereto, subsection (3) of section 92.142, Florida
667 Statutes, is reenacted to read:
668 92.142 Witnesses; pay.—
669 (3) Any witness subpoenaed to testify on behalf of the
670 state in any action brought pursuant to s. 895.05 or chapter 542
671 who is required to travel outside his or her county of residence
672 and more than 50 miles from his or her residence, or who is
673 required to travel from out of state, shall be entitled to per
674 diem and travel expenses at the same rate provided for state
675 employees under s. 112.061 in lieu of any state witness fee.
676 Section 10. This act shall take effect July 1, 2016.