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.
