Bill Text: FL S1362 | 2015 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Legal Affairs

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 439 (Ch. 2015-92) [S1362 Detail]

Download: Florida-2015-S1362-Introduced.html

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       Florida Senate - 2015                                    SB 1362
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00675B-15                                          20151362__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Legal Affairs;
    3         amending s. 16.56, F.S.; revising the list of offenses
    4         that may be investigated and prosecuted by the Office
    5         of Statewide Prosecution; creating s. 16.62, F.S.;
    6         prohibiting the Department of Legal Affairs from
    7         expending more than a specified amount annually to
    8         purchase and distribute promotional materials or items
    9         that serve to advance the goodwill of this state and
   10         the department and to provide basic refreshments at
   11         specified functions, seminars, or meetings; amending
   12         s. 409.9203, F.S.; specifying the distribution of
   13         certain funds recovered in Medicaid fraud actions;
   14         amending s. 501.203, F.S.; revising the term
   15         “violation of this part”; amending s. 501.204, F.S.;
   16         revising legislative intent; amending s. 960.03, F.S.;
   17         revising the definition of the term “crime” for
   18         purposes of obtaining crime victim compensation from
   19         the department to include certain forcible felonies;
   20         revising provisions concerning acts involving the
   21         operation of a motor vehicle, boat, or aircraft;
   22         revising the definition of the term “disabled adult”;
   23         correcting a cross-reference; amending s. 960.13,
   24         F.S.; exempting crime victim compensation awards for
   25         catastrophic injury from certain deductions; amending
   26         s. 960.195, F.S.; revising the maximum victim
   27         compensation amounts that the department may award to
   28         elderly persons or disabled adults who suffer a
   29         property loss that causes a substantial diminution in
   30         their quality of life in certain circumstances;
   31         revising the conditions under which elderly persons or
   32         disabled adults who suffer a property loss are
   33         eligible for an award; authorizing the department to
   34         deny, reduce, or withdraw a specified award upon
   35         finding that any claimant or award recipient has not
   36         duly cooperated with certain persons and entities;
   37         creating s. 960.196, F.S.; providing for relocation
   38         assistance for human trafficking victims; amending s.
   39         960.198, F.S.; prohibiting relocation assistance for a
   40         domestic violence claim if the victim has received
   41         previous relocation assistance for a human trafficking
   42         claim; amending s. 960.199, F.S.; deleting provisions
   43         relating to relocation assistance for human
   44         trafficking victims; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Paragraphs (a) and (b) of subsection (1) of
   49  section 16.56, Florida Statutes, are amended to read:
   50         16.56 Office of Statewide Prosecution.—
   51         (1) There is created in the Department of Legal Affairs an
   52  Office of Statewide Prosecution. The office shall be a separate
   53  “budget entity” as that term is defined in chapter 216. The
   54  office may:
   55         (a) Investigate and prosecute the offenses of:
   56         1. Bribery, burglary, criminal usury, extortion, gambling,
   57  kidnapping, larceny, murder, prostitution, perjury, robbery,
   58  carjacking, and home-invasion robbery;
   59         2. Any crime involving narcotic or other dangerous drugs;
   60         3. Any violation of the provisions of the Florida RICO
   61  (Racketeer Influenced and Corrupt Organization) Act, including
   62  any offense listed in the definition of racketeering activity in
   63  s. 895.02(1)(a), providing such listed offense is investigated
   64  in connection with a violation of s. 895.03 and is charged in a
   65  separate count of an information or indictment containing a
   66  count charging a violation of s. 895.03, the prosecution of
   67  which listed offense may continue independently if the
   68  prosecution of the violation of s. 895.03 is terminated for any
   69  reason;
   70         4. Any violation of the provisions of the Florida Anti
   71  Fencing Act;
   72         5. Any violation of the provisions of the Florida Antitrust
   73  Act of 1980, as amended;
   74         6. Any crime involving, or resulting in, fraud or deceit
   75  upon any person;
   76         7. Any violation of s. 847.0135, relating to computer
   77  pornography and child exploitation prevention, or any offense
   78  related to a violation of s. 847.0135 or any violation of
   79  chapter 827 where the crime is facilitated by or connected to
   80  the use of the Internet or any device capable of electronic data
   81  storage or transmission;
   82         8. Any violation of the provisions of chapter 815;
   83         9. Any criminal violation of part I of chapter 499;
   84         10. Any violation of the provisions of the Florida Motor
   85  Fuel Tax Relief Act of 2004;
   86         11. Any criminal violation of s. 409.920 or s. 409.9201;
   87         12. Any crime involving voter registration, voting, or
   88  candidate or issue petition activities;
   89         13. Any criminal violation of the Florida Money Laundering
   90  Act;
   91         14. Any criminal violation of the Florida Securities and
   92  Investor Protection Act; or
   93         15. Any violation of the provisions of chapter 787, as well
   94  as any and all offenses related to a violation of the provisions
   95  of chapter 787;
   96  
   97  or any attempt, solicitation, or conspiracy to commit any of the
   98  crimes specifically enumerated above. The office shall have such
   99  power only when any such offense is occurring, or has occurred,
  100  in two or more judicial circuits as part of a related
  101  transaction, or when any such offense is connected with an
  102  organized criminal conspiracy affecting two or more judicial
  103  circuits. Informations or indictments charging such offenses
  104  shall contain general allegations stating the judicial circuits
  105  and counties in which crimes are alleged to have occurred or the
  106  judicial circuits and counties in which crimes affecting such
  107  circuits or counties are alleged to have been connected with an
  108  organized criminal conspiracy.
  109         (b) Investigate and prosecute any crime enumerated in
  110  paragraph (a) subparagraphs (a)1.-14. facilitated by or
  111  connected to the use of the Internet. Any such crime is a crime
  112  occurring in every judicial circuit within the state.
  113         Section 2. Section 16.62, Florida Statutes, is created to
  114  read:
  115         16.62 Authority of the Department of Legal Affairs to
  116  expend funds on promotional materials and goodwill.—In addition
  117  to expenditures separately authorized by law, the Department of
  118  Legal Affairs may not expend more than $20,000 annually to
  119  purchase and distribute promotional materials or items that
  120  serve to advance with dignity and integrity the goodwill of this
  121  state and the department and to provide basic refreshments at
  122  official functions, seminars, or meetings of the department in
  123  which dignitaries or representatives from the Federal
  124  Government, other states, or nations, or other agencies are in
  125  attendance.
  126         Section 3. Subsection (5) is added to section 409.9203,
  127  Florida Statutes, to read:
  128         409.9203 Rewards for reporting Medicaid fraud.—
  129         (5) Notwithstanding s. 68.085(3), 10 percent of any
  130  remaining proceeds deposited into the Operating Trust Fund from
  131  an action based on a claim of funds from the state Medicaid
  132  program shall be allocated in the following manner:
  133         (a) Fifty percent of such moneys shall be used to fund
  134  rewards for reporting Medicaid fraud pursuant to this section.
  135         (b) The remaining 50 percent of such moneys shall be used
  136  by the Medicaid Fraud Control Unit to fund its investigations of
  137  potential violations of s. 68.082 and any related civil actions.
  138         Section 4. Subsection (3) of section 501.203, Florida
  139  Statutes, is amended to read:
  140         501.203 Definitions.—As used in this chapter, unless the
  141  context otherwise requires, the term:
  142         (3) “Violation of this part” means any violation of this
  143  act or the rules adopted under this act and may be based upon
  144  any of the following as of July 1, 2015 2013:
  145         (a) Any rules promulgated pursuant to the Federal Trade
  146  Commission Act, 15 U.S.C. ss. 41 et seq.;
  147         (b) The standards of unfairness and deception set forth and
  148  interpreted by the Federal Trade Commission or the federal
  149  courts;
  150         (c) Any law, statute, rule, regulation, or ordinance which
  151  proscribes unfair methods of competition, or unfair, deceptive,
  152  or unconscionable acts or practices.
  153         Section 5. Section 501.204, Florida Statutes, is amended to
  154  read:
  155         501.204 Unlawful acts and practices.—
  156         (1) Unfair methods of competition, unconscionable acts or
  157  practices, and unfair or deceptive acts or practices in the
  158  conduct of any trade or commerce are hereby declared unlawful.
  159         (2) It is the intent of the Legislature that, in construing
  160  subsection (1), due consideration and great weight shall be
  161  given to the interpretations of the Federal Trade Commission and
  162  the federal courts relating to s. 5(a)(1) of the Federal Trade
  163  Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2015 2013.
  164         Section 6. Subsections (3) and (6) of section 960.03,
  165  Florida Statutes, are amended to read:
  166         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  167  960.01-960.28, unless the context otherwise requires, the term:
  168         (3) “Crime” means:
  169         (a) A felony or misdemeanor offense committed by an adult
  170  or a juvenile which results in physical injury or death, a
  171  forcible felony committed by an adult or juvenile which directly
  172  results in psychiatric or psychological injury, or a felony or
  173  misdemeanor offense of child abuse committed by an adult or a
  174  juvenile which results in a mental injury, as defined in s.
  175  827.03, to a person younger than 18 years of age who was not
  176  physically injured by the criminal act. The mental injury to the
  177  minor must be verified by a psychologist licensed under chapter
  178  490, by a physician licensed in this state under chapter 458 or
  179  chapter 459 who has completed an accredited residency in
  180  psychiatry, or by a physician who has obtained certification as
  181  an expert witness pursuant to s. 458.3175. The term also
  182  includes a criminal act that is committed within this state but
  183  that falls exclusively within federal jurisdiction.
  184         (b) A violation of s. 316.027(2), s. 316.193, s. 316.1935
  185  s. 316.027(1), s. 327.35(1), s. 782.071(1)(b), or s.
  186  860.13(1)(a) which results in physical injury or death.
  187         (c) ;however, An act involving the operation of a motor
  188  vehicle, boat, or aircraft which results in another person’s
  189  injury or death that is intentionally inflicted through the use
  190  of the vehicle, boat, or aircraft; however, no other act
  191  involving the operation of a motor vehicle, boat, or aircraft
  192  constitutes a crime for purposes of this chapter does not
  193  constitute a crime for the purpose of this chapter unless the
  194  injury or death was intentionally inflicted through the use of
  195  the vehicle, boat, or aircraft.
  196         (d)(c) A criminal act committed outside this state against
  197  a resident of this state which would have been compensable if it
  198  had occurred in this state and which occurred in a jurisdiction
  199  that does not have an eligible crime victim compensation program
  200  as the term is defined in the federal Victims of Crime Act of
  201  1984.
  202         (e)(d) A violation of s. 827.071, s. 847.0135, s. 847.0137,
  203  or s. 847.0138, related to online sexual exploitation and child
  204  pornography.
  205         (6) “Disabled adult” means a person 18 years of age or
  206  older who suffers from a condition of physical or mental
  207  incapacitation due to a developmental disability, or organic
  208  brain damage, or mental illness or who has one or more physical
  209  or mental limitations that restrict the person’s ability to
  210  perform the normal activities of daily living.
  211         Section 7. Subsection (6) of section 960.13, Florida
  212  Statutes, is amended to read:
  213         960.13 Awards.—
  214         (6) Any award made pursuant to this chapter, except an
  215  award for loss of support or catastrophic injury, shall be
  216  reduced by the amount of any payments or services received or to
  217  be received by the claimant as a result of the injury or death:
  218         (a) From or on behalf of the person who committed the
  219  crime; provided, however, that a restitution award ordered by a
  220  court to be paid to the claimant by the person who committed the
  221  crime shall not reduce any award made pursuant to this chapter
  222  unless it appears to the department that the claimant will be
  223  unjustly enriched thereby.
  224         (b) From any other public or private source or provider,
  225  including, but not limited to, an award of workers’ compensation
  226  pursuant to chapter 440.
  227         (c) From agencies mandated by other Florida statutes to
  228  provide or pay for services, except as provided in s. 960.28.
  229         (d) From an emergency award under s. 960.12.
  230         Section 8. Section 960.195, Florida Statutes, is amended to
  231  read:
  232         960.195 Awards to elderly persons or disabled adults for
  233  property loss.—
  234         (1) Notwithstanding the criteria in s. 960.13, for crime
  235  victim compensation awards, the department may award a maximum
  236  of $500 on any one claim and a lifetime maximum of $1,000 on all
  237  claims to elderly persons or disabled adults who suffer a
  238  property loss that causes a substantial diminution in their
  239  quality of life when:
  240         (a)(1) There is proof that a criminal or delinquent act was
  241  committed;
  242         (b)(2) The criminal or delinquent act is reported to law
  243  enforcement authorities within 72 hours, unless the department,
  244  for good cause shown, finds the delay to have been justified;
  245         (3) The victim cooperates with law enforcement authorities
  246  in the investigation of the criminal or delinquent act;
  247         (c)(4) There is proof that the tangible personal property
  248  in question belonged to the claimant;
  249         (d)(5) The claimant did not contribute to the criminal or
  250  delinquent act;
  251         (e)(6) There is no other source of reimbursement or
  252  indemnification available to the claimant; and
  253         (f)(7) The claimant would not be able to replace the
  254  tangible personal property in question without incurring a
  255  serious financial hardship.
  256         (2) The department may deny, reduce, or withdraw any award
  257  under subsection (1) upon finding that any claimant or award
  258  recipient has not duly cooperated with the state attorney, all
  259  law enforcement agencies, and the department.
  260         Section 9. Section 960.196, Florida Statutes, is created to
  261  read:
  262         960.196 Relocation assistance for victims of human
  263  trafficking.—
  264         (1) Notwithstanding the criteria specified in ss. 960.07(2)
  265  and 960.13 for crime victim compensation awards, the department
  266  may award a one-time payment of up to $1,500 for any one claim
  267  and a lifetime maximum of $3,000 to a victim of human
  268  trafficking who needs urgent assistance to escape from an unsafe
  269  environment directly related to the human trafficking offense.
  270         (2) In order for an award to be granted to a victim for
  271  relocation assistance:
  272         (a) There must be proof that a human trafficking offense,
  273  as described in s. 787.06(3)(b), (d), (f), or (g), was
  274  committed.
  275         (b) The crime must be reported to the proper authorities
  276  and the claim must be filed within 1 year, or 2 years with good
  277  cause, after the date of the last human trafficking offense, as
  278  described in s. 787.06(3)(b), (d), (f), or (g). In a case that
  279  exceeds the 2-year requirement due to an active and ongoing
  280  investigation, a state attorney, statewide prosecutor, or
  281  federal prosecutor may certify in writing a human trafficking
  282  victim’s need to relocate from an unsafe environment due to the
  283  threat of future violence which is directly related to the human
  284  trafficking offense.
  285         (c) The victim’s need must be certified by a certified
  286  domestic violence or rape crisis center in this state, except as
  287  provided in paragraph (b). The center’s certification must
  288  assert that the victim is cooperating with the proper
  289  authorities and must include documentation that the victim has
  290  developed a safety plan.
  291         (3) Relocation payments for a human trafficking claim shall
  292  be denied if the department has previously approved or paid out
  293  a domestic violence or sexual battery relocation claim under s.
  294  960.198 or s. 960.199 to the same victim regarding the same
  295  incident.
  296         Section 10. Subsection (3) of section 960.198, Florida
  297  Statutes, is amended to read:
  298         960.198 Relocation assistance for victims of domestic
  299  violence.—
  300         (3) Relocation payments for a domestic violence claim shall
  301  be denied if the department has previously approved or paid out
  302  a human trafficking or sexual battery relocation claim under s.
  303  960.196 or s. 960.199 to the same victim regarding the same
  304  incident.
  305         Section 11. Section 960.199, Florida Statutes, is amended
  306  to read:
  307         960.199 Relocation assistance for victims of sexual battery
  308  or human trafficking.—
  309         (1) The department may award a one-time payment of up to
  310  $1,500 on any one claim and a lifetime maximum of $3,000 to a
  311  victim of sexual battery, as defined in s. 794.011, or a victim
  312  of human trafficking, as described in s. 787.06(3)(b), (d), (f),
  313  or (g), who needs relocation assistance.
  314         (2) In order for an award to be granted to a victim for
  315  relocation assistance:
  316         (a) There must be proof that a sexual battery offense or
  317  human trafficking offense, as described in s. 787.06(3)(b), (d),
  318  (f), or (g), was committed.
  319         (b) The sexual battery offense or human trafficking
  320  offense, as defined in s. 787.06(3)(b), (d), (f), or (g), must
  321  be reported to the proper authorities.
  322         (c) The victim’s need for assistance must be certified by a
  323  certified rape crisis center in this state or by the state
  324  attorney or statewide prosecutor having jurisdiction over the
  325  offense. A victim of human trafficking’s need for assistance may
  326  also be certified by a certified domestic violence center in
  327  this state.
  328         (d) The center’s certification must assert that the victim
  329  is cooperating with law enforcement officials, if applicable,
  330  and must include documentation that the victim has developed a
  331  safety plan. If the victim seeking relocation assistance is a
  332  victim of a human trafficking offense as described in s.
  333  787.06(3)(b), (d), (f), or (g), the certified rape crisis
  334  center’s or certified domestic violence center’s certification
  335  must include, if applicable, approval of the state attorney or
  336  statewide prosecutor attesting that the victim is cooperating
  337  with law enforcement officials.
  338         (e) The act of sexual battery or human trafficking, as
  339  described in s. 787.06(3)(b), (d), (f), or (g), must be
  340  committed in the victim’s place of residence or in a location
  341  that would lead the victim to reasonably fear for his or her
  342  continued safety in the place of residence.
  343         (3) Relocation payments for a sexual battery or human
  344  trafficking claim under this section shall be denied if the
  345  department has previously approved or paid out a human
  346  trafficking or domestic violence relocation claim under s.
  347  960.196 or s. 960.198 to the same victim regarding the same
  348  incident.
  349         Section 12. This act shall take effect July 1, 2015.