1(1) 2This section may be cited as the “White Collar Crime Victim Protection Act.”
15(2) 16Due to the frequency with which victims, particularly elderly victims, are deceived and cheated by criminals who commit nonviolent frauds and swindles, frequently through the use of the Internet and other electronic technology and frequently causing the loss of substantial amounts of property, it is the intent of the Legislature to enhance the sanctions imposed for nonviolent frauds and swindles, protect the public’s property, and assist in prosecuting white collar criminals.
87(3) 88As used in this section, “white collar crime” means:97(a) 98The commission of, or a conspiracy to commit, any felony offense specified in:1111. 112Chapter 560, relating to the Money Transmitters’ Code.
1202. 121Chapter 812, relating to theft, robbery, and related crimes.
1303. 131Chapter 815, relating to computer-related crimes.
1374. 138Chapter 817, relating to fraudulent practices.
1445. 145Chapter 825, relating to abuse, neglect, and exploitation of elderly persons and disabled adults.
1596. 160Chapter 831, relating to forgery and counterfeiting.
1677. 168Chapter 832, relating to the issuance of worthless checks and drafts.
1798. 180Chapter 838, relating to bribery and misuse of public office.
1909. 191Chapter 839, relating to offenses by public officers and employees.
20110. 202Chapter 895, relating to offenses concerning racketeering and illegal debts.
21211. 213Chapter 896, relating to offenses related to financial transactions.
222(b) 223A felony offense that is committed with intent to defraud or that involves a conspiracy to defraud.
240(c) 241A felony offense that is committed with intent to temporarily or permanently deprive a person of his or her property or that involves a conspiracy to temporarily or permanently deprive a person of his or her property.
278(d) 279A felony offense that involves or results in the commission of fraud or deceit upon a person or that involves a conspiracy to commit fraud or deceit upon a person.
309(4) 310As used in this section, “aggravated white collar crime” means engaging in at least two white collar crimes that have the same or similar intents, results, accomplices, victims, or methods of commission, or that are otherwise interrelated by distinguishing characteristics and are not isolated incidents, provided that at least one of such crimes occurred after the effective date of this act.
371(5) 372Any person who commits an aggravated white collar crime as defined in this section and in so doing either:391(a) 392Victimizes 10 or more elderly persons, as defined in s. 402825.101; 403(b) 404Victimizes 10 or more veterans, as defined in s. 4131.01; 414(c) 415Victimizes 20 or more persons, as defined in s. 4241.01; 425or 426(d) 427Victimizes the State of Florida, any state agency, any of the state’s political subdivisions, or any agency of the state’s political subdivisions,
449and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 472775.082, 473s. 474775.083, 475or s. 477775.084478.
479(6) 480Notwithstanding any other provision of chapter 921 or any other law, an aggravated white collar crime shall be ranked within the offense severity ranking chart at offense severity level 9.
510(7) 511In addition to a sentence otherwise authorized by law, a person convicted of an aggravated white collar crime may pay a fine of $500,000 or double the value of the pecuniary gain or loss, whichever is greater.
549(8) 550A person convicted of an aggravated white collar crime under this section is liable for all court costs and shall pay restitution to each victim of the crime, regardless of whether the victim is named in the information or indictment. As used in this subsection, “victim” means a person directly and proximately harmed as a result of the commission of the offense for which restitution may be ordered, including any person directly harmed by the defendant’s criminal conduct in the course of the commission of the aggravated white collar crime. The court shall hold a hearing to determine the identity of qualifying victims and shall order the defendant to pay restitution based on his or her ability to pay, in accordance with this section and s. 676775.089677.678(a) 679The court shall make the payment of restitution a condition of any probation granted to the defendant by the court. Notwithstanding any other law, the court may order continued probation for a defendant convicted under this section for up to 10 years or until full restitution is made to the victim, whichever occurs earlier.
733(b) 734The court retains jurisdiction to enforce its order to pay fines or restitution. The court may initiate proceedings against a defendant for a violation of probation or for contempt of court if the defendant willfully fails to comply with a lawful order of the court.
