The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.0844

775.0844 White Collar Crime Victim Protection Act.—

(1) This section may be cited as the “White Collar Crime Victim Protection Act.”

(2) Due 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.

(3) As used in this section, “white collar crime” means:

(a) The commission of, or a conspiracy to commit, any felony offense specified in:

1. Chapter 560, relating to the Money Transmitters’ Code.

2. Chapter 812, relating to theft, robbery, and related crimes.

3. Chapter 815, relating to computer-related crimes.

4. Chapter 817, relating to fraudulent practices.

5. Chapter 825, relating to abuse, neglect, and exploitation of elderly persons and disabled adults.

6. Chapter 831, relating to forgery and counterfeiting.

7. Chapter 832, relating to the issuance of worthless checks and drafts.

8. Chapter 838, relating to bribery and misuse of public office.

9. Chapter 839, relating to offenses by public officers and employees.

10. Chapter 895, relating to offenses concerning racketeering and illegal debts.

11. Chapter 896, relating to offenses related to financial transactions.

(b) A felony offense that is committed with intent to defraud or that involves a conspiracy to defraud.

(c) A 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.

(d) A 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.

(4) As 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.

(5) Any person who commits an aggravated white collar crime as defined in this section and in so doing either:

(a) Victimizes 10 or more elderly persons, as defined in s. 825.101;

(b) Victimizes 10 or more veterans, as defined in s. 1.01;

(d) Victimizes the State of Florida, any state agency, any of the state’s political subdivisions, or any agency of the state’s political subdivisions,

and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Notwithstanding 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.

(7) In 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.

(8) A 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. 775.089.

(a) The 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.

(b) The 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.

History.—s. 1, ch. 2001-99; s. 6, ch. 2014-200; s. 2, ch. 2020-163.

F.S. 775.0844 on Google Scholar

F.S. 775.0844 on Casetext

Amendments to 775.0844

Arrestable Offenses / Crimes under Fla. Stat. 775.0844

Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.0844 5a - CRIMES AGAINST PERSON - AGG WHITE COLLAR CRIME 10+ ELDER VIC 50K+ DOL - F: F

S775.0844 5b - CRIMES AGAINST PERSON - AGG WHITE COLLAR CRIME 10+ VETERAN 50K+ DOL - F: F

S775.0844 5b - CRIMES AGAINST PERSON - RENUMBERED. SEE REC #9256 - F: F

S775.0844 5c - CRIMES AGAINST PERSON - AGG WHITE COLLAR CRIME 20+ VICTIMS 50K+ DOLS - F: F

S775.0844 5c - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC #9257 - F: F

S775.0844 5d - PUBLIC ORDER CRIMES - AGG WHITE COLLAR CRIME STATE GOVT 50K+ DOLLARS - F: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. LEVITAN, v. STATE, 159 So. 3d 875 (Fla. Dist. Ct. App. 2015)

. . . Levitan was convicted of aggravated white collar crime, a violation of section 775.0844, Florida Statutes . . .

NOEL, v. STATE, 127 So. 3d 769 (Fla. Dist. Ct. App. 2013)

. . . policy favoring restitution is also apparent in the White Collar Crime Victim Protection Act, section 775.0844 . . . Section 775.0844(8) provides that a person convicted of an "aggravated white collar crime” must "pay . . . continues "for up to 10 years or until full restitution is made to the victim, whichever occurs earlier.” § 775.0844 . . .

CRAUN, v. STATE, 124 So. 3d 1027 (Fla. Dist. Ct. App. 2013)

. . . Craun entered an open plea to one count of aggravated white collar crime, a first-degree felony, see § 775.0844 . . . We note that a first-degree felony charged under section 775.0844 is a level nine felony under the Criminal . . .

ARNAUTA, v. STATE, 125 So. 3d 1028 (Fla. Dist. Ct. App. 2013)

. . . Count I of the information charged aggravated white collar crime in violation of section 775.0844, Florida . . . The White Collar Crime Victim Protection Act, Florida Statutes section 775.0844, addresses “white collar . . . other electronic technology and frequently causing the loss of substantial amounts of property.” § 775.0844 . . . commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 775.0844 . . . crimes Mihai Arnauta obtained or attempted to obtain $50,000.00 or more, contrary to Florida Statute 775.0844 . . .

STATE v. LEVITAN, v., 115 So. 3d 1065 (Fla. Dist. Ct. App. 2013)

. . . The court explained: [Section 775.0844] and the Florida RICO Act are similarly constructed, and both . . . Compare § 775.0844(3)-(4), with § 895.02. . . . See § 775.0844(4) (defining “aggravated white collar crime”); see also Carroll v. . . . As with CCE, the legislative intent in establishing section 775.0844 was to create a separate and distinct . . . Section 775.0844 provides: (2) Due to the frequency with which victims, particularly elderly victims, . . .

HEADLEY, v. STATE, 90 So. 3d 912 (Fla. Dist. Ct. App. 2012)

. . . Act (RICO) and continuing criminal enterprise, we find that a defendant can be convicted of section 775.0844 . . . United States, 471 U.S. 773, 105 S.Ct. 2407, 85 L.Ed.2d 764 (1985), and as with CCE, section 775.0844 . . . Compare § 775.0844(3)-(4), with § 895.02. . . . See § 775.0844(4) (defining “aggravated white collar crime”); see also Carroll v. . . . We have carefully considered these points but find them to be without merit. .Section 775.0844 provides . . .

STATE v. TRAYLOR, 77 So. 3d 224 (Fla. Dist. Ct. App. 2011)

. . . , which charged Ap-pellees with one count of aggravated white-collar crime, in violation of section 775.0844 . . . one, which charged Appellees with first-degree aggravated white-collar crime, in violation of section 775.0844 . . . , any of the state’s political subdivisions, or any agency of the state’s political subdivisions. § 775.0844 . . .

STATE v. RUBIO,, 967 So. 2d 768 (Fla. 2007)

. . . section 817.505(l)(b), Florida Statutes (2002); and (130) white collar crime, in violation of section 775.0844 . . . similar challenges to count 130 in the information, which charged the defendants with violating section 775.0844 . . . Section 775.0844(2), Florida Statutes (2002), provides: Due to the frequency with which victims, particularly . . . Section 775.0844(3)(a)(4) provides that white collar crime means the commission or conspiracy to commit . . .

STATE v. RUBIO, B., 917 So. 2d 383 (Fla. Dist. Ct. App. 2005)

. . . Count 130 charged all defendants with violating the White Collar Crime Victim Protection Act, section 775.0844 . . . defendants were charged with violating Florida’s White Collar Crime Victim Protection Act, section 775.0844 . . . Section 775.0844(3) provides in part as follows: . 775.0844. . . .