Bill Text: FL S1514 | 2015 | Regular Session | Comm Sub


Bill Title: Offenses Concerning Racketeering and Illegal Debts

Spectrum: Bipartisan Bill

Status: (Failed) 2015-05-01 - Died in Appropriations Subcommittee on Criminal and Civil Justice, companion bill(s) passed, see HB 7061 (Ch. 2015-99) [S1514 Detail]

Download: Florida-2015-S1514-Comm_Sub.html
       Florida Senate - 2015                             CS for SB 1514
       
       
        
       By the Committee on Criminal Justice; and Senator Flores
       
       
       
       
       
       591-02780-15                                          20151514c1
    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 the
   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 to 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; reenacting and amending s. 16.53, F.S.,
   44         relating to the Department of Legal Affairs Trust
   45         Fund, to incorporate the amendment made by the act to
   46         s. 895.05, F.S., in references thereto; conforming a
   47         cross-reference; reenacting ss. 27.345(1) and
   48         92.142(3), F.S., relating to the State Attorney RICO
   49         Trust Fund and witness pay, respectively, to
   50         incorporate the amendment made by the act to s.
   51         895.05, F.S., in references thereto; providing an
   52         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 section 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) 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. Present subsections (9) through (12) of section
  249  895.05, Florida Statutes, are renumbered as subsections (10)
  250  through (13), respectively, subsection (2) and present
  251  subsections (9) through (12) are amended, and a new subsection
  252  (9) is added to that section, to read:
  253         895.05 Civil remedies.—
  254         (2)(a) All property, real or personal, including money,
  255  used in the course of, intended for use in the course of,
  256  derived from, or realized through conduct in violation of a
  257  provision of ss. 895.01-895.05 is subject to civil forfeiture to
  258  the state.
  259         (b) An investigative agency may, on behalf of the state,
  260  institute a civil proceeding for forfeiture in the circuit court
  261  for the judicial circuit in which real or personal tangible
  262  property as described in paragraph (a) is located. An
  263  investigative agency may, on behalf of the state, institute a
  264  civil proceeding for forfeiture in a circuit court in the state
  265  regarding intangible property as described in paragraph (a).
  266         (c) Upon the entry of a final judgment of forfeiture in
  267  favor of the state, the title of the state to the forfeited
  268  property shall relate back:
  269         1. In the case of real property or a beneficial interest,
  270  to the date of filing of the RICO lien notice in the official
  271  records of the county where the real property or beneficial
  272  trust is located; if no RICO lien notice is filed, then to the
  273  date of the filing of any notice of lis pendens under s.
  274  895.07(5)(a) in the official records of the county where the
  275  real property or beneficial interest is located; and if no RICO
  276  lien notice or notice of lis pendens is filed, then to the date
  277  of recording of the final judgment of forfeiture in the official
  278  records of the county where the real property or beneficial
  279  interest is located.
  280         2. In the case of personal property, to the date the
  281  personal property was seized by the investigating agency.
  282         (d) If property subject to forfeiture is conveyed,
  283  alienated, disposed of, diminished in value, or otherwise
  284  rendered unavailable for forfeiture after the filing of a RICO
  285  lien notice or after the filing of a civil proceeding or
  286  criminal proceeding, whichever is earlier, the investigative
  287  agency may, on behalf of the state, institute an action in any
  288  circuit court against the person named in the RICO lien notice
  289  or the defendant in the civil proceeding or criminal proceeding,
  290  and the court shall enter final judgment against the person
  291  named in the RICO lien notice or the defendant in the civil
  292  proceeding or criminal proceeding in an amount equal to the fair
  293  market value of the property, together with investigative costs
  294  and attorney attorney’s fees incurred by the investigative
  295  agency in the action. In the alternative, the court may order
  296  the forfeiture of any other property of the defendant up to the
  297  value of the property subject to forfeiture. If a civil
  298  proceeding is pending, such action shall be filed only in the
  299  court where the civil proceeding is pending.
  300         (e)(c) The state shall dispose of all forfeited property as
  301  soon as commercially feasible. If property is not exercisable or
  302  transferable for value by the state, it shall expire. All
  303  forfeitures or dispositions under this section shall be made
  304  with due provision for the rights of innocent persons. The
  305  proceeds realized from such forfeiture and disposition shall be
  306  promptly distributed in accordance with the provisions of s.
  307  895.09.
  308         (9) The Department of Legal Affairs may bring an action for
  309  a violation of s. 895.03 to obtain injunctive relief, civil
  310  penalties as provided in this subsection, attorney fees, and
  311  costs incurred in the investigation and prosecution of any
  312  action under this chapter.
  313         (a) A natural person who violates s. 895.03 is subject to a
  314  civil penalty of up to $100,000. Any other person who violates
  315  s. 895.03 is subject to a civil penalty of up to $1 million.
  316  Moneys recovered for civil penalties under this paragraph shall
  317  be deposited into the General Revenue Fund.
  318         (b) Moneys recovered by the Department of Legal Affairs for
  319  attorney fees and costs under this subsection shall be deposited
  320  into the Legal Affairs Revolving Trust Fund, which may be used
  321  to investigate and enforce this chapter.
  322         (c) In a civil action brought under this subsection by the
  323  Department of Legal Affairs, any party to such action may
  324  petition the court for entry of a consent decree or for approval
  325  of a settlement agreement. The proposed decree or settlement
  326  shall specify the alleged violations, the future obligations of
  327  the parties, the relief agreed upon, and the reasons for
  328  entering into the consent decree or settlement agreement.
  329         (10)(9) The Department of Legal Affairs may, upon timely
  330  application, intervene in any civil action or proceeding brought
  331  under subsection (6) or subsection (7) if it certifies that, in
  332  its opinion, the action or proceeding is of general public
  333  importance. In such action or proceeding, the state shall be
  334  entitled to the same relief as if the Department of Legal
  335  Affairs had instituted the action or proceeding.
  336         (11)(10) Notwithstanding any other provision of law, a
  337  criminal or civil action or proceeding under this chapter act
  338  may be commenced at any time within 5 years after the conduct in
  339  violation of a provision of this chapter act terminates or the
  340  cause of action accrues. If a criminal prosecution or civil
  341  action or other proceeding is brought, or intervened in, to
  342  punish, prevent, or restrain any violation of the provisions of
  343  this chapter act, the running of the period of limitations
  344  prescribed by this section with respect to any cause of action
  345  arising under subsection (6), or subsection (7), or subsection
  346  (9) which is based in whole or in part upon any matter
  347  complained of in any such prosecution, action, or proceeding
  348  shall be suspended during the pendency of such prosecution,
  349  action, or proceeding and for 2 years following its termination.
  350         (12)(11) The application of one civil remedy under any
  351  provision of this chapter act does not preclude the application
  352  of any other remedy, civil or criminal, under this chapter act
  353  or any other provision of law. Civil remedies under this chapter
  354  act are supplemental, and not mutually exclusive.
  355         (13)(12)(a) In addition to the authority to file a RICO
  356  lien notice set forth in s. 895.07(1), the Department of Legal
  357  Affairs, the Office of Statewide Prosecution, or the office of a
  358  state attorney may apply ex parte to a criminal division of a
  359  circuit court and, upon petition supported by sworn affidavit,
  360  obtain an order authorizing the filing of a RICO lien notice
  361  against real property upon a showing of probable cause to
  362  believe that the property was used in the course of, intended
  363  for use in the course of, derived from, or realized through
  364  conduct in violation of a provision of ss. 895.01-895.05. If the
  365  lien notice authorization is granted, the department shall,
  366  after filing the lien notice, forthwith provide notice to the
  367  owner of the property by one of the following methods:
  368         1. By serving the notice in the manner provided by law for
  369  the service of process.
  370         2. By mailing the notice, postage prepaid, by registered or
  371  certified mail to the person to be served at his or her last
  372  known address and evidence of the delivery.
  373         3. If neither of the foregoing can be accomplished, by
  374  posting the notice on the premises.
  375         (b) The owner of the property may move the court to
  376  discharge the lien, and such motion shall be set for hearing at
  377  the earliest possible time.
  378         (c) The court shall discharge the lien if it finds that
  379  there is no probable cause to believe that the property was used
  380  in the course of, intended for use in the course of, derived
  381  from, or realized through conduct in violation of a provision of
  382  ss. 895.01-895.05 or if it finds that the owner of the property
  383  neither knew nor reasonably should have known that the property
  384  was used in the course of, intended for use in the course of,
  385  derived from, or realized through conduct in violation of a
  386  provision of ss. 895.01-895.05.
  387         (d) No testimony presented by the owner of the property at
  388  the hearing is admissible against him or her in any criminal
  389  proceeding except in a criminal prosecution for perjury or false
  390  statement, nor shall such testimony constitute a waiver of the
  391  owner’s constitutional right against self-incrimination.
  392         (e) A lien notice secured under the provisions of this
  393  subsection is valid for a period of 90 days from the date the
  394  court granted authorization, which period may be extended for an
  395  additional 90 days by the court for good cause shown, unless a
  396  civil proceeding is instituted under this section and a lien
  397  notice is filed under s. 895.07, in which event the term of the
  398  lien notice is governed by s. 895.08.
  399         (f) The filing of a lien notice, whether or not
  400  subsequently discharged or otherwise lifted, shall constitute
  401  notice to the owner and knowledge by the owner that the property
  402  was used in the course of, intended for use in the course of,
  403  derived from, or realized through conduct in violation of a
  404  provision of ss. 895.01-895.05, such that lack of such notice
  405  and knowledge shall not be a defense in any subsequent civil or
  406  criminal proceeding under this chapter.
  407         Section 3. Section 895.06, Florida Statutes, is amended to
  408  read:
  409         895.06 Civil investigative subpoenas.—
  410         (1) As used in this section, the term “investigative
  411  agency” means the Department of Legal Affairs, the Office of
  412  Statewide Prosecution, or the office of a state attorney.
  413         (1)(2) If, pursuant to the civil enforcement provisions of
  414  s. 895.05, an investigative agency has reason to believe that a
  415  person or other enterprise has engaged in, or is engaging in,
  416  activity in violation of this chapter act, the investigative
  417  agency may administer oaths or affirmations, subpoena witnesses
  418  or material, and collect evidence.
  419         (2)(3)A subpoena issued pursuant to this chapter is
  420  confidential for 120 days after the date of its issuance. The
  421  subpoenaed person or entity may not disclose the existence of
  422  the subpoena to any person or entity other than his or her
  423  attorney during the 120-day period. The subpoena must include a
  424  reference to the confidentiality of the subpoena and a notice to
  425  the recipient of the subpoena that disclosure of the existence
  426  of the subpoena to any other person or entity except the
  427  subpoenaed person’s or entity’s attorney is prohibited. The
  428  investigative agency may apply ex parte to the circuit court for
  429  the circuit in which a subpoenaed person or entity resides, is
  430  found, or transacts business for an order directing that the
  431  subpoenaed person or entity not disclose the existence of the
  432  subpoena to any other person or entity except the subpoenaed
  433  person’s attorney for an additional a period of time 90 days,
  434  which time may be extended by the court for good cause shown by
  435  the investigative agency. The order shall be served on the
  436  subpoenaed person or entity with the subpoena, and the subpoena
  437  must shall include a reference to the order and a notice to the
  438  recipient of the subpoena that disclosure of the existence of
  439  the subpoena to any other person or entity in violation of the
  440  order may subject the subpoenaed person or entity to punishment
  441  for contempt of court. Such an order may be granted by the court
  442  only upon a showing:
  443         (a) Of sufficient factual grounds to reasonably indicate a
  444  violation of ss. 895.01-895.06;
  445         (b) That the documents or testimony sought appear
  446  reasonably calculated to lead to the discovery of admissible
  447  evidence; and
  448         (c) Of facts that which reasonably indicate that disclosure
  449  of the subpoena would hamper or impede the investigation or
  450  would result in a flight from prosecution.
  451         (3)(4) If matter that the investigative agency seeks to
  452  obtain by the subpoena is located outside the state, the person
  453  or enterprise subpoenaed may make such matter available to the
  454  investigative agency or its representative for examination at
  455  the place where such matter is located. The investigative agency
  456  may designate representatives, including officials of the
  457  jurisdiction in which the matter is located, to inspect the
  458  matter on its behalf and may respond to similar requests from
  459  officials of other jurisdictions.
  460         (4)(5) Upon failure of a person or enterprise, without
  461  lawful excuse, to obey a subpoena issued under this section or a
  462  subpoena issued in the course of a civil proceeding instituted
  463  pursuant to s. 895.05, and after reasonable notice to such
  464  person or enterprise, the investigative agency may apply to the
  465  circuit court in which such civil proceeding is pending or, if
  466  no civil proceeding is pending, to the circuit court for the
  467  judicial circuit in which such person or enterprise resides, is
  468  found, or transacts business for an order compelling compliance.
  469  Except in a prosecution for perjury, an individual who complies
  470  with a court order to provide testimony or material after
  471  asserting a privilege against self-incrimination to which the
  472  individual is entitled by law shall not have the testimony or
  473  material so provided, or evidence derived therefrom, received
  474  against him or her in any criminal investigation or proceeding.
  475         (5)(6) A person who fails to obey a court order entered
  476  pursuant to this section may be punished for contempt of court.
  477         (6) The investigative agency may stipulate to protective
  478  orders with respect to documents and information submitted in
  479  response to a subpoena issued under this section.
  480         Section 4. Paragraph (b) of subsection (1) of section
  481  895.09, Florida Statutes, is amended, and paragraph (d) is added
  482  to that subsection, to read:
  483         895.09 Disposition of funds obtained through forfeiture
  484  proceedings.—
  485         (1) A court entering a judgment of forfeiture in a
  486  proceeding brought pursuant to s. 895.05 shall retain
  487  jurisdiction to direct the distribution of any cash or of any
  488  cash proceeds realized from the forfeiture and disposition of
  489  the property. The court shall direct the distribution of the
  490  funds in the following order of priority:
  491         (b) Any claims against the property by persons who have
  492  previously been judicially determined to be innocent persons,
  493  pursuant to s. 895.05(2)(e) the provisions of s. 895.05(2)(c),
  494  and whose interests are preserved from forfeiture by the court
  495  and not otherwise satisfied. Such claims may include any claim
  496  by a person appointed by the court as receiver pending
  497  litigation.
  498         (d) Any claims for restitution by victims of the
  499  racketeering activity. Where the forfeiture action was brought
  500  by the Department of Legal Affairs, the restitution shall be
  501  distributed through the Legal Affairs Revolving Trust Fund;
  502  otherwise, the restitution shall be distributed by the clerk of
  503  the court.
  504         Section 5. Paragraph (a) of subsection (1) of section
  505  16.56, Florida Statutes, is amended to read:
  506         16.56 Office of Statewide Prosecution.—
  507         (1) There is created in the Department of Legal Affairs an
  508  Office of Statewide Prosecution. The office shall be a separate
  509  “budget entity” as that term is defined in chapter 216. The
  510  office may:
  511         (a) Investigate and prosecute the offenses of:
  512         1. Bribery, burglary, criminal usury, extortion, gambling,
  513  kidnapping, larceny, murder, prostitution, perjury, robbery,
  514  carjacking, and home-invasion robbery;
  515         2. Any crime involving narcotic or other dangerous drugs;
  516         3. Any violation of the provisions of the Florida RICO
  517  (Racketeer Influenced and Corrupt Organization) Act, including
  518  any offense listed in the definition of racketeering activity in
  519  s. 895.02(8)(a) 895.02(1)(a), providing such listed offense is
  520  investigated in connection with a violation of s. 895.03 and is
  521  charged in a separate count of an information or indictment
  522  containing a count charging a violation of s. 895.03, the
  523  prosecution of which listed offense may continue independently
  524  if the prosecution of the violation of s. 895.03 is terminated
  525  for any reason;
  526         4. Any violation of the provisions of the Florida Anti
  527  Fencing Act;
  528         5. Any violation of the provisions of the Florida Antitrust
  529  Act of 1980, as amended;
  530         6. Any crime involving, or resulting in, fraud or deceit
  531  upon any person;
  532         7. Any violation of s. 847.0135, relating to computer
  533  pornography and child exploitation prevention, or any offense
  534  related to a violation of s. 847.0135 or any violation of
  535  chapter 827 where the crime is facilitated by or connected to
  536  the use of the Internet or any device capable of electronic data
  537  storage or transmission;
  538         8. Any violation of the provisions of chapter 815;
  539         9. Any criminal violation of part I of chapter 499;
  540         10. Any violation of the provisions of the Florida Motor
  541  Fuel Tax Relief Act of 2004;
  542         11. Any criminal violation of s. 409.920 or s. 409.9201;
  543         12. Any crime involving voter registration, voting, or
  544  candidate or issue petition activities;
  545         13. Any criminal violation of the Florida Money Laundering
  546  Act;
  547         14. Any criminal violation of the Florida Securities and
  548  Investor Protection Act; or
  549         15. Any violation of the provisions of chapter 787, as well
  550  as any and all offenses related to a violation of the provisions
  551  of chapter 787;
  552  
  553  or any attempt, solicitation, or conspiracy to commit any of the
  554  crimes specifically enumerated above. The office shall have such
  555  power only when any such offense is occurring, or has occurred,
  556  in two or more judicial circuits as part of a related
  557  transaction, or when any such offense is connected with an
  558  organized criminal conspiracy affecting two or more judicial
  559  circuits. Informations or indictments charging such offenses
  560  shall contain general allegations stating the judicial circuits
  561  and counties in which crimes are alleged to have occurred or the
  562  judicial circuits and counties in which crimes affecting such
  563  circuits or counties are alleged to have been connected with an
  564  organized criminal conspiracy.
  565         Section 6. Subsection (3) of section 905.34, Florida
  566  Statutes, is amended to read:
  567         905.34 Powers and duties; law applicable.—The jurisdiction
  568  of a statewide grand jury impaneled under this chapter shall
  569  extend throughout the state. The subject matter jurisdiction of
  570  the statewide grand jury shall be limited to the offenses of:
  571         (3) Any violation of the provisions of the Florida RICO
  572  (Racketeer Influenced and Corrupt Organization) Act, including
  573  any offense listed in the definition of racketeering activity in
  574  s. 895.02(8)(a) 895.02(1)(a), providing such listed offense is
  575  investigated in connection with a violation of s. 895.03 and is
  576  charged in a separate count of an information or indictment
  577  containing a count charging a violation of s. 895.03, the
  578  prosecution of which listed offense may continue independently
  579  if the prosecution of the violation of s. 895.03 is terminated
  580  for any reason;
  581  
  582  or any attempt, solicitation, or conspiracy to commit any
  583  violation of the crimes specifically enumerated above, when any
  584  such offense is occurring, or has occurred, in two or more
  585  judicial circuits as part of a related transaction or when any
  586  such offense is connected with an organized criminal conspiracy
  587  affecting two or more judicial circuits. The statewide grand
  588  jury may return indictments and presentments irrespective of the
  589  county or judicial circuit where the offense is committed or
  590  triable. If an indictment is returned, it shall be certified and
  591  transferred for trial to the county where the offense was
  592  committed. The powers and duties of, and law applicable to,
  593  county grand juries shall apply to a statewide grand jury except
  594  when such powers, duties, and law are inconsistent with the
  595  provisions of ss. 905.31-905.40.
  596         Section 7. For the purpose of incorporating the amendment
  597  made by this act to section 895.05, Florida Statutes, in a
  598  reference thereto, subsection (4) and paragraph (a) of
  599  subsection (5) of section 16.53, Florida Statutes, are
  600  reenacted, and subsection (6) of that section is amended, to
  601  read:
  602         16.53 Legal Affairs Revolving Trust Fund.—
  603         (4) Subject to the provisions of s. 895.09, when the
  604  Attorney General files an action pursuant to s. 895.05, funds
  605  provided to the Department of Legal Affairs pursuant to s.
  606  895.09(2)(a) or, alternatively, attorneys’ fees and costs,
  607  whichever is greater, shall be deposited in the fund.
  608         (5)(a) In the case of a forfeiture action pursuant to s.
  609  895.05, the remainder of the moneys recovered shall be
  610  distributed as set forth in s. 895.09.
  611         (6) “Moneys recovered” means damages or penalties or any
  612  other monetary payment, including monetary proceeds from
  613  property forfeited to the state pursuant to s. 895.05 remaining
  614  after satisfaction of any valid claims made pursuant to s.
  615  895.09(1)(a)-(d) 895.09(1)(a)-(c), which damages, penalties, or
  616  other monetary payment is made by any defendant by reason of any
  617  decree or settlement in any Racketeer Influenced and Corrupt
  618  Organization Act or state or federal antitrust action prosecuted
  619  by the Attorney General, but excludes attorney attorneys’ fees
  620  and costs.
  621         Section 8. For the purpose of incorporating the amendment
  622  made by this act to section 895.05, Florida Statutes, in a
  623  reference thereto, subsection (1) of section 27.345, Florida
  624  Statutes, is reenacted to read:
  625         27.345 State Attorney RICO Trust Fund; authorized use of
  626  funds; reporting.—
  627         (1) Subject to the provisions of s. 895.09, when a state
  628  attorney files an action pursuant to s. 895.05, funds provided
  629  to the state attorney pursuant to s. 895.09(2)(a) or,
  630  alternatively, attorneys’ fees and costs, whichever is greater,
  631  shall be deposited in the State Attorney RICO Trust Fund.
  632         Section 9. For the purpose of incorporating the amendment
  633  made by this act to section 895.05, Florida Statutes, in a
  634  reference thereto, subsection (3) of section 92.142, Florida
  635  Statutes, is reenacted to read:
  636         92.142 Witnesses; pay.—
  637         (3) Any witness subpoenaed to testify on behalf of the
  638  state in any action brought pursuant to s. 895.05 or chapter 542
  639  who is required to travel outside his or her county of residence
  640  and more than 50 miles from his or her residence, or who is
  641  required to travel from out of state, shall be entitled to per
  642  diem and travel expenses at the same rate provided for state
  643  employees under s. 112.061 in lieu of any state witness fee.
  644         Section 10. This act shall take effect July 1, 2015.

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