Bill Text: FL S1220 | 2024 | Regular Session | Introduced

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Bill Title: Schemes to Defraud

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/CS/HB 1171 [S1220 Detail]

Download: Florida-2024-S1220-Introduced.html

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       Florida Senate - 2024                                    SB 1220
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01197B-24                                          20241220__
    1                        A bill to be entitled                      
    2         An act relating to schemes to defraud; amending s.
    3         817.034, F.S.; revising the definition of the term
    4         “scheme to defraud”; providing for the
    5         reclassification of certain scheme-to-defraud offenses
    6         committed against persons 65 years of age or older or
    7         persons with certain disabilities; authorizing a
    8         person whose image or likeness is used without his or
    9         her consent in a scheme to defraud to file a civil
   10         action for damages; making technical changes;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (d) of subsection (3) and subsection
   16  (4) of section 817.034, Florida Statutes, are amended to read:
   17         817.034 Florida Communications Fraud Act.—
   18         (3) DEFINITIONS.—As used in this section, the term:
   19         (d) “Scheme to defraud” means a systematic, ongoing course
   20  of conduct with intent to defraud one or more persons, or with
   21  intent to obtain property from one or more persons by false or
   22  fraudulent pretenses, representations, endorsements of
   23  nonconsenting parties, or promises or willful misrepresentations
   24  of a future act.
   25         (4) OFFENSES.—
   26         (a) Any person who engages in a scheme to defraud and
   27  obtains property thereby commits is guilty of organized fraud,
   28  punishable as follows:
   29         1. If the amount of property obtained has an aggregate
   30  value of $50,000 or more, the person commits violator is guilty
   31  of a felony of the first degree, punishable as provided in s.
   32  775.082, s. 775.083, or s. 775.084.
   33         2. If the amount of property obtained has an aggregate
   34  value of $20,000 or more, but less than $50,000, the person
   35  commits violator is guilty of a felony of the second degree,
   36  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   37         3. If the amount of property obtained has an aggregate
   38  value of less than $20,000, the person commits violator is
   39  guilty of a felony of the third degree, punishable as provided
   40  in s. 775.082, s. 775.083, or s. 775.084.
   41         (b) Any person who engages in a scheme to defraud and, in
   42  furtherance of that scheme, communicates with any person with
   43  the intent to obtain property from that person commits is
   44  guilty, for each such act of communication, of communications
   45  fraud, punishable as follows:
   46         1. If the value of property obtained or endeavored to be
   47  obtained by the communication is valued at $300 or more, the
   48  person commits violator is guilty of a third degree felony,
   49  punishable as set forth in s. 775.082, s. 775.083, or s.
   50  775.084.
   51         2. If the value of the property obtained or endeavored to
   52  be obtained by the communication is valued at less than $300,
   53  the person commits violator is guilty of a misdemeanor of the
   54  first degree, punishable as set forth in s. 775.082 or s.
   55  775.083.
   56         (c) The penalty for committing an offense specified in
   57  paragraph (a) or paragraph (b) against a person 65 years of age
   58  or older or against a person with a mental or physical
   59  disability as defined in s. 775.0863 shall be reclassified as
   60  follows:
   61         1. A misdemeanor of the first degree is reclassified to a
   62  felony of the third degree.
   63         2. A felony of the third degree is reclassified to a felony
   64  of the second degree.
   65         3. A felony of the second degree is reclassified to a
   66  felony of the first degree.
   67         4. A felony of the first degree is reclassified to a life
   68  felony.
   69         (d) A person whose image or likeness is used without his or
   70  her consent in a scheme to defraud may file a civil action in a
   71  court of competent jurisdiction to recover damages caused by the
   72  use of his or her image or likeness.
   73         (e) Notwithstanding any contrary provisions of law,
   74  separate judgments and sentences for organized fraud under
   75  paragraph (a) and for each offense of communications fraud under
   76  paragraph (b) may be imposed when all such offenses involve the
   77  same scheme to defraud.
   78         (f)(d) Notwithstanding any other provision of law, a
   79  criminal action or civil action or proceeding under this section
   80  may be commenced at any time within 5 years after the cause of
   81  action accrues; however, in a criminal proceeding under this
   82  section, the period of limitation does not run during any time
   83  when the defendant is continuously absent from this the state or
   84  is without a reasonably ascertainable place of abode or work
   85  within this the state, but in no case shall this extend the
   86  period of limitation otherwise applicable by more than 1 year.
   87         Section 2. This act shall take effect October 1, 2024.