CHAPTER LAWS OF FLORIDA CHAPTER

Transcription

1 CHAPTER LAWS OF FLORDA CHAPTER Approved by the Governor June Fled n Offce Secretary of State June An CHAPTER House Bll No act relatng to the Florda RCO (Racketeer nfluenced and Corrupt Organzaton) Act; creatng s Florda Statutes; prescrbng a procedure for obtanng subpoenas by certan nvestgatve agences; provdng for orders to compel complance; amendng ss Florda Statutes conformng language; provdng an effectve date. Be t Enacted by the Legslature of the State of Florda: Secton 1. Secton Florda Statutes s created to read: CVl nvestgatve subpoenas.-- (1) As used n ths secton t nvestgat ve agency" means the Departm~ntof Legal Affars or offce of a state attorney. (2) f pursuant to the cvl enforcement provsons of s the nvestgatve agency has reason to beleve that a person or other enterprse has engaged n or s engagng n actvty n Volaton of ths act the nvestgatve agency may admnster oaths or aff rmatons subpoena. w tnesses or materal and collect evdence pursuant to the Florda. Rules of Cvl Procedure. (3) f matter that the nvestgatve agency seeks. to obtan by the subpoena s located outsde the state the person or enterprse subpoenaed may make such matter avalable to the nvestgatve agency or ts representatve for examnaton at the place where such matter s 10cllted. 'The nvestgatve agency may desgnate representatves ncludng offcals of the jursdcton n whch the matter s located to nspect the matter on 1 ts behalf and may respond to smlar requests from offcals of other jursdctons. (4) Upon falure of.~ person or enterprse wthout lawful excuse" to obey a subpoena and after reasonable notce to such pe'rson or enterprse the nvestgatve E!gency may apply to the crcut court for the judcal crcut n Whch such person or enterprse resdes s found or transacts busness for an order compellng complance. Secton 2. Secton Florda Statutes s amended to read: Short ttle.';';"sectons :lT46-94:l shall be known as the. Florda RCO (Racketeer nfluenced and Corrupt Organzaton) Act. ' Secton : Secton Florda Statutes s amended to read: Defntors.--As used n ss ;h CHAPTER LAWS OF FLORDA CHAPTER (1) "Racketeerng actvty" means to commt to attempt to commt to conspre to commt or to solct coerce or ntmdate another person to commt: (a) Any crme whch s chargeable by ndctment or nformaton under the followng provsons of the Florda Statutes: 1. Secton relatng to evason of payment of cgarette taxes. 2. Secton relatng to publc assl.stance fraud. 3. Chapter 517 relatng to sale of securtes. 4. Secton s or s relatng to dog racng and horseracng. 5. Secton relatng to ja ala frontons. 6. Chapter 552 relatng to the manufacture dstrbuton and use of explosves. 7. Chapter 562 relatng to beverage law enforcement. 8. Chapter 687 relatng to nterest and usurous practces. 9. Chapter 782 relatng to homcde. 10. Chapter 784 relatng to assault and battery.. Chapter 787 relatng to kdnappng. 12. Chapter 790 relatng to weapons and frearms. 13. Secton s s s or s relatng to prost! tuton. 14. Chapter 806 relatng to arson. 15. Chapter 812 relatng to theft robbery and related crmes. 16. Chapter' 817 relatng to fraudulent practces false pretenses fraud generally and credt card crmes. 17. Chapter 831 relatng to forgery and counterfetng. 18. Chapter 832 relatng to ssuance of w9rthless checks and drafts 19. Chapter 837 relatng to perjury. 20. Chapter 838 relatng to brbery and msuse of publc offce. 21. Chapter 843 relatng to obstructon of lustce. 22. Secton s s. 847~013 s or s relatng to obscene lterature and profanty. 23. Secton s s. 849~15 s s or s relatng to gamblng. 1129

2 CHAPTER LAWS OF FLORDA CHAPTER Chapter 893 relatng to drug abuse preventon and control. 25. Secton relatng to tamperng wth jurors evdence and wtnesses. (b) Any conduct defned as "racketeerng actvty" under Ttle 18 Unted States Code s (1) (A) (B) (e) and (D). (2) "Unlawful debt" means any money or other thng of value consttutng p~ncpal or nterest of a debt that s legally unenforceable 1n the state n whole or n part because the debt was ncurred or contracted: (a) n volaton of anyone of the followng provsons of law: 1. Secton s or s relatng to dogracng and horseracng. 2. Secton relatng to ja ala frontons. 3. Chapter 687 relatng to nterest and usury. 4. Secton s s s s or s relatng to gamblng. (b) n gamblng actvty n volaton of federal law or n the busne's of lendng money at a rate usurous under state or federal law. (3) "Enterprse" means any ndvdual sole propretorshp partnershp corporaton busness trust unon chartered under the laws of ths state or other legal entty or any unchartered unon assocaton or group of ndvduals assocated n fact although not a legal entty and t ncludes llct as well as lct enterprses and governmental as well as other enttes. (4) "Pattern of racketeerng actvty" means engagng n at least two ncdents of racketeerng conduct that have the same or smlar ntents results accomplces vctms or methods of commsson or otherwse a.re nterrelated by dstngushng characterstcs and are not solated ncdents provded at least one of such ncdents occurred after the effectve date of ths act and that the last of such ncdents occurred wthn 5 years after a pror ncdent of racketeerng conduct. (5) "Documentary materal" means any book paper document wrtng drawng graph chart photograph phonorecord magnetc tape computer prntout other data compjaton from whch nformaton can be.obtaned or from whch nformaton can be translated nto useable form or other tangble tem. Secton 4. Ths act shall take effect upon becomng a law. Approved by the Governor June Fled n Offce Secretary of State June CHAPTER LAWS OF FLORDA CHAPTER CHAPTER House Bll No An act relatng to transportaton; creatng s Florda Statutes provdng for the creaton of a metropoltan plannng organzaton wthn each urbanzed area n the state where a plannng organzaton s necessary to meet federal requrements for obtanng and expendng federal transportaton funds; provdng for membershp and appontment; provdng for the desgnaton of certan exstng organzatons as metropoltan plannng organzatons; provdng for the appontment of techncal and ctzens advsory commttees; provdng for the powers and dutes of metropoltan plannng organzatons advsory commttees and the Department of Transportaton; provdng for cooperatve agreements wth certan agences recept of federal fundng and charter county opton; provdng for the nvaldty of provsons of the act whch are n conflct wth federal requrements; requrng the full operaton of all metropoltan plannng organzatons by January ; provdng an effectve date. Be t Enacted by the Legslature of the State of Florda: Secton 1. Secton Florda Statutes s created to read: Transportaton plannng organzaton.-- (1) There shall be a metropoltan plannng organzaton herenafter referred to as the "M.P.O." establshed wthn each urbanzed area where a plannng organzaton s necessary to meet federal requrements for obtanng and expendng federal transportaton funds. The M.P.O. a composte local government entty or any successor thereto shall be so desgnated by the Governor n any area where an M.P.O. s requred by federal law or regulaton. (2) The votng membershp of the M.P.O. shall consst of not less than fve nor more than 15 apportoned members the exact number to be determned on an equtable geographc/populaton rato bass by the Governor except that n no case shall the county commsson members be less than 33 1/3 percent of the M.P.O. membershp. All votng members shall be elected offcals of general purpose government except local governng bodes havng two or more members on the M.P.O. may appont as one of ther apportoned votng members a member of statutorly authorzed plannng boards transportaton or expressway authortes avaton authortes or port authortes. n urbanzed areas where authortes or other agences have been or may be created by law to perform transportaton functons that are not under the jursdcton of local elected offcals they may be consdered by the Governor for one votng membershp on the M.P.O. The M.P.O. shall be created under ths secton and operated under the prov1s10ns of s the Florda nterlocal Cooperaton Act of The sgnatores to the nterlocal Agreement shall be the governmental enttes desgnated by the Governor for membershp n the M.P.O. and the Department of Transportaton herenafter referred to as the department. n the 1131

3 <G (Q) ~ ~«reproduced by =LOROA STATE..AHGH1Vo 1 OEPARTMENl'Of S11\1 R.A. GRAY Blfl ralahas~ojd\t- DATE: Aprl <' " r& AMALYS STAFF DRECTOR Seres Carton ~ Fle Foder~.; SENATE STAFF AlALYS!S AND ECO:tOMC MPACT STflJEMErH REFERENCE AQr..m Jenknsk Dunn ~ 1. J.Crm '- j 3. -'- 1 SUBJECT: Cvl nvestgatve subpoenas and mmunty under the RCO Act BLL No. AND SPONSOR:. HB 'fs4'oy 'Repre~enta Crawford and Combtte on Crmnal Just~ce VE. SUMMARY: A. Present stuaton: '- -l -C" \J.. The Florda Racketeer nfluenced and Corrupt organz~ton Act known as RCO was created by the 1977 Legslat~re to gve the state some of the tools avalable to the! federal government n fghtng organzed crme. ' The law apples the remedes of cvl recovery and -treb-le f.nes aganst those convcted of volatng specfed laws by engagng n a pattern of racketeer~ng actvty. There are also crmnal penaltes and fnes applcable to those volatons desgnated as requrrg crmnal ntent. The RCO Act s comprsed of. ss Florda Statutes. B. Effect of Proposed Changes: Honse Bll 1514 creates a new secton desgnated as s Florda Statutes relatng to cvl nvestgatve subpoenas. That secton provdes for obtanng of oaths or affrmatons subpoenang of ' wtnesses or materals and collecton of evdence by an nvestgatve agency under crcumstances set out n that secton. There are also provsons for compellng complance wth such subpoenas. Sectons and (2) reflect the ncluson of the new secton ECONOMC MPACT AND FSCAL NOTE: A. Publc: None. ; 1..' F. S. are amended to n the RCO. ;jct. B. Government: The Attorney General n hs 1979 legslatve package stated that he would request funds ' from the Legslature to broaden and ntensfy enforcement of the RCO statute whch s hs responsblt~ under the law. ' Two addtonal lawyers an nvestgator and the servces of an accountant on a part-tme bass are consdered mnmal steps toward effectve enforcemenb. COMMENTS: Attorney General Jm Smth ponted out n hs proposjd. package that the RCO Act needs amendng to extend to; the Attorney General and State Attorneys who are desgn~ted to conduct nvestgatons the power to ssue subpoenas to compel testmony and collect evdence. The Attorney General feels that ths s a major short! comng of the exstng law. t must be corrected f RCO s to be properly enforced as ntended by the House Bll 1514 by the House Crmnal Justce Commtt~e s substantally smlar to Senate Bll 371 but uses dfferent termnology n some sectons.... J

4 Staff Analyss HB 1514 Page Two V. AMENDMENTS: None.

5 DATE: June 13 r 1~79 (UPDATED) SENATE STAFF ANALYSS AND ECONOMC MPACT STATEMENT ANALYS STAFF DRECTOR REFERENCE 1. Jenk!~' Dunn ~ 1. J.Crm '- 1 Cvl nvestgatve subpoenas Under the Rco Act SUBJECT: BLL Mo. AND SPONSOR: HB5Hny Repr~senta Crawford and Co~tte on Crmnal Jus~ce v. SUMMARY: A. Present Stuaton: The Florda Racketeer nfluenced and Corrupt organzlton Act known as RCO was created by the 1977 LegslatJre to gve the state some of the tools avalable to the! federal government n fghtng organzed crme. B. The law apples the remedes of cvl recovery and treb'le fnes aganst those convcted of volatng specfed laws by engagng n a pattern of racketeer~ng actvty. There are also crmnal penaltes and fnes applcable to those volatons desgnated as requr~g crmnal ntent. The RCO Act s comprsed of 'ss Florda Statutes. Effect of Proposed Changes: Ho'n'se Bll 1514 creates a new secton desgnated as s Florda Statutes relatng to cvl nvestgatve subpoenas. That secton provdes for tlhe obtanng of oaths or affrmatons subpoenang of wtnesses or materals and colleoton of evdence by an nvestgatve agency under crcumstances set out n that secton. There are also provsons for compellng complance wth such subpoenas. Secton s amended to reflect the ncluson of fthe new secton~n the RCO Act.. ECONOMC MPACT AND FSCAL NOTE: A. Publc: None. B. Government: The Attorney General n hs 1979 legsj latve package stated that he would request funds ; from the Legslature to broaden and ntensfy enforcement of the RCO statute whch s hs responsblty under the law.! TwO addtonal lawyers an nvestgator and the servces of an accountant on a part-tme bass are consdered mnmal steps toward effectve enforcement.. COMMENTS: Attorney General Jm Smth ponted out n hs proposdd package that the RCO Act needs amendng to extend td the Attorney General and State Attorneys who are desgn~ted to conduct nvestgatons~ the power to ssue subpoenas to compel testmony and collect evdence. The Attorney General feels that ths s a major comng of the exstng law. ' t must be corrected f RCO s to be properly enforced as ntended by the

6 page '.&0 Staff Analyss HB 1514 V AMEN'.MENTS: House Bll 1514 passed. the Senate 32-0 and the House None.

7 Q. "." Aprl 24/ 1979' (Revsed) DATE:. '.. SENATE STAFF AtlALYSS AflO ECONOMC MPACT STAJEMET 1 Al!Al..Y.Sl STAFF DRECTOR REFERENCE L L Jenknsk Dunn ~ 1. J.Crm. FaY.w/ SUBJECT: Cvl nvestgatve subpoenas Under. the Rco Act _~. -'- 1 BLL Ho. AND SPOHSOR: HE! 'f514 :by Repr~senta Crawford andcofumtte on Crmnal Justce. SUMMARY: A. Present Stuaton: B. The Florda Racketeer nfluenced and Corrupt Organz~ton Act known as RCO was created by the 1977 Legslat~re to gve the state some of the tools avalable to the' federal government n fghtng organzed crme. The.law apples the remedes of cvl recovery and trebte fnes aganst those convcted of volatng specfed laws by engagng n a pattern of racketeer~ng actvty. There are also crmnal penaltes and fnes applcable to those volatons desgnated as requrhg crmnal ntent. The RCO Act s comprsed of ' ss Florda Statutes. Effect of Proposed Changes: Hd6:se Bll 1514 creates a new secton desgnated as s Florda Statutes relatng to cvl nvestgatve subpoenas. That secton provdes for obtanng of oaths or affrmatons SUbpoenang of wtnesses or materals and collecton of evdence by an nvestgatve agency under crcumstances set out n that secton. There are al.so provsons for compellng complance wth such subpoenas.!the.. \..... Secton s amended to reflect the ncluson ot' the new secton n the RCO Act. ECONOMC MPACT AND FSCAL NOTE:. A. 'Publc: None. B. Government: The Attorney General n hs 19791egs' latve package stated that he would request funds from the Legslature to broaden and ntensfy enfordement of the RCO statute whch s hs responsbl~y under the law. Two addtonal lawyers an nvestgator and the servces of an accountant on a part-tme bass are consdered mnmal steps toward effectve enforcement. COMMENTS: Attorney General Jm Smth ponted out n hs proposed. package that the RCO Act needs amendng to extend ~o the Attorney General and State Attorneys who are desg~ated to conduct nvestgatons the power to ssue subpoelnas to compel testmony and collect evdence. The Attorney General feels that ths s a major sho~tmust be corrected f comng of the exstng law. t RCO s to be properly enforced as ntended by the Legslature. -~-~- ~ _ _.... -~-~~ -- ~ ~- ~.. l-ln1'lc!o u;11 t;"111 'h" +-'ko 'Qnnco ("'rmn::.l.tna+";no. ("r'\mm;;-..l-cu!l c

8 Staff Analyss HB 1514 Page Two V. AMENDMENTS: #1 by Judcary-Crmnal - strke everythng after tlhe enactng clause and nsert SB 371 as amended #2 by Judcary-Crmnal - ttle amendment

9 DATE: June B~ 1<J79. (UPDATED) " SENATE STAFF ANALYSS AND ECONOMC MPACT STAJEMEH REfERENCE ~ 1. J. Crm. Fa". \!LL : j---- SUBJECH Cvl nvestgatve subpoena s "ff(;1!'l;". tu?rr<;:loo Act BLL No. AND SPONSOR: ' rlt 1::'S1:"4 "1:5y R'epr'J;entR Crawford and Co~tte on Crmnal Jus~ce v. SUMMARY: A. Present Stuaton: The Florda Racketeer nfluenced and Corrupt Organz~ton Act known as RCO was created by the 1977 Legslat4re to gve the state some of the tools avalable to the federal government n fghtng organzed crme. The'law apples the remedes of cvl recovery and treb-e fnes aganst those convcted of volatng specfed laws by engagng n a pattern of racketeerng actvty. There are also crmnal penaltes and fnes applcable to those volatons desgnated as requrhg crmnal ntent. The RCO Act s comprsed of ss Florda Statutes. B. Effect of Proposed Changes: Ho-ose Bll 1514 creates a new secton desgnated as s Florda Statutes relatng to cvl nvestgatve subpoenas. That secton provdes for the obtanng of oaths or affrmatons subpoenang of wtnesses or materals and collecton of evdence by an nvestgatve agency under crcumstances set out n that secton. There are also provsons for compellng complance wth such subpoenas.. Secton s amended to reflect the ncluson ofthe new secton n the RCO Act. ECONOMC MPACT AND FSCAL NOTE: A. Publc: None. B. Government: The Attorney General n hs 1979 legs~ latve package stated that he would request funds ; from the Legslature to broaden and l.ntensfy enforc~ment of the RCO statute whch s hs responsblty under the law. Two addtonal lawyers an nvestgator and the servces of an accountant on a part-tme bass are consdered mnmal steps toward effectve enforcemen~.. COMMENTS: Attorney General Jm Smth ponted out n hs proposk:d' package that the RCO Act needs amendng to'extend t? the Attorney General and State Attorneys who are desgnated to conduct nvestgatons the power to ssue subpoehas to compel testmony and collect evdence. ' The Attorney General feels that ths s a major shortcomng of the exstng law. t must be corrected f RCO s to be properly enforced as ntended by the Legslatu~e.

10 .Page Two Staff Analyss HE 1514 House Bll 1514 pas$ed the. Sena.te 32-Q ap.d the House V..AMENMENTS: None.

11 < BLL ACTON REPORT :3-75: Fle wth Secret.ry of Senate) {{.S{) (H) B ll L NO. 151 ~ -=.::.::.:.:..--- FNAL ACTON: Date Reported. 4/ 24 /V 9 Buldng X Favorably w 2 amendments THER COMMTTEE REFERENCES: (n order shown) HE VOTE WAS:. Favorably wth Commttee Su~sttute OTHER: UnfavorablY Temporarly Passed --- Reconsdered --- Not Consdered. FNAL VOTE BLL Ay SENATORS. CARLUCC : U cy jf2 Ttle Aye A)~ :L :L DUNN ~ :> w ;:: POOLE ~ 1 ~ H STENBERG 0 0 :>.~.:;.. ~ SPCOLA [ 1 1 ; ; - 1. = TOTAL ~ J t± Nay ~t-.l.ve Nav Aye Kay Aye Nav! Aye N:lY (Attach addtonal page f necessary) 1 r Aye Aye Nay Kav! ~r :!!! Ave Na 1 1 : - AYe N;J' 1 e a see 0 m p 1 e t e : The ke )' s p 0 n 5 0 r :l P Jl car c d A 5 e na tor :l p P C :l red Sponsor's ajc arre:lred f't'" h P"" :::l t' 1\.. ~.. ' n r'... ) ) )

12 Proposed Corr.mttee Bll #13 March HB by Commttee on crmnal ~ustce Provdes State Attorneys and the Attorney General wth subpoena power for cvl nvestgatons pertanng to Florda's RCO statute. Other Commttees of Reference. Statement of the Problem. The present RCO statute provdes for cvl recovery and treble fnes aganst volators of the RCO act. The Attorney General's offce needs subpoena power pursuant to the Florda Rules of cvl Procedures f that offce s to adequately pursue cvl actons. The Attorney General's offce ndcates t hat some addtonal staff 4-5 persons would be necessary n ther offce.. Comments A. Dscusson Ths bll would amend chapter 943 Florda Statutes~ by grantng cvl nvestgatve subpoena power to the Attorney General and State Attorneys. Property; that s drectly attrbuted to proceeds from crmnal actvty could be forfeted to the State through. cvl proceedngs. B. Consttutonalty The bll appears to be consttutonal. ~. Legslatve ntent Adequately expressed. V. Arnendments