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F.S. 775.0844 on Google Scholar

F.S. 775.0844 on Casetext

Amendments to 775.0844


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.0844 Florida Statutes and Case Law
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;
(c) Victimizes 20 or more persons, as defined in s. 1.01; or
(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.

Statutes updated from Official Statutes on: March 07, 2023
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

775.0844 5a - CRIMES AGAINST PERSON - AGG WHITE COL CRIME 10 ELDER VICT 50K DOL MORE - F: F
775.0844 5b - CRIMES AGAINST PERSON - AGG WHITE COLLAR CRIME 20 VICT 50K DOLS MORE - F: F
775.0844 5c - PUBLIC ORDER CRIMES - AGG WHITE COLLAR CRIME GOVT 50K DOL MORE - F: F

Civil Citations / Citable Offenses under S775.0844
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 775.0844.

Annotations, Discussions, Cases:

  1. State v. Rubio

    967 So. 2d 768 (Fla. 2007)   Cited 11 times
    The defendants raised similar challenges to count 130 in the information, which charged the defendants with violating section 775.0844, the White Collar Crime Victim Protection Act. The defendants argued that section 817.505 was not a proper predicate upon which to base the white collar crime charge. The trial court again agreed and dismissed this count. Section 775.0844(2), Florida Statutes (2002), provides:
    PAGE 780

  2. Headley v. State

    90 So. 3d 912 (Fla. Dist. Ct. App. 2012)   Cited 4 times
    The White Collar Crime Victim Protection Act and the Florida RICO Act are similarly constructed, and both were enacted to allow for prosecution of the major offense as well as the predicate offenses. Both statutes establish an offense in which it is implicit that the defendant has committed a number of predicate offenses. Compare§ 775.0844( 3)-(4), with § 895.02. It has been previously held by Florida courts that being convicted of RICO as well as the necessarily lesser included offenses does not violate double jeopardy. See, e.g., Gross v. State, 728 So.2d 1206, 1208 (Fla. 4th DCA 1999); Haggerty v. State, 531 So.2d 364, 365 (Fla. 1st DCA 1988). The legislative intent in adopting the white collar crime statute was to “enhance sanctions imputed for nonviolent frauds and swindles, protect the public's property, and assist in prosecuting white collar criminals.” § 775.0844( 2). As with RICO, the white collar crime statute was geared toward prosecuting those individuals who engage in a pattern of committing felony offenses involving fraud and deceit. See§ 775.0844( 4) (defining “aggravated white collar crime”); see also Carroll v. State, 459 So.2d 368, 370…
    PAGE 915

  3. State v. Levitan

    115 So. 3d 1065 (Fla. Dist. Ct. App. 2013)   Cited 2 times
    [Section 775.0844] and the Florida RICO Act are similarly constructed, and both were enacted to allow for prosecution of the major offense as well as the predicate offenses. Both statutes establish an offense in which it is implicit that the defendant has committed a number of predicate offenses. Compare§ 775.0844( 3)-(4), with § 895.02. It has been previously held by Florida courts that being convicted of RICO as well as the necessarily lesser included offenses does not violate double jeopardy. See, e.g., Gross v. State, 728 So.2d 1206, 1208 (Fla. 4th DCA 1999); Haggerty v. State, 531 So.2d 364, 365 (Fla. 1st DCA 1988). The legislative intent in adopting the white collar crime statute was to “enhance sanctions imputed for nonviolent frauds and swindles, protect the public's property, and assist in prosecuting white collar criminals.” § 775.0844( 2). As with RICO, the white collar crime statute was geared toward prosecuting those individuals who engage in a pattern of committing felony offenses involving fraud and deceit. See§ 775.0844( 4) (defining “aggravated white collar crime”); see also Carroll v. State, 459 So.2d 368, 370 (Fla. 5th DCA…
    PAGE 1067

  4. State v. Levitan

    CASE NO. 1D12-1609 (Fla. Dist. Ct. App. Jun. 13, 2013)
    predicate offenses. Compare § 775.0844(3)-(4), with § 895.02. It has been previously held by Florida courts that being convicted of RICO as well as the necessarily lesser included offenses does not violate double jeopardy. See, e.g., Gross v. State, 728 So.2d 1206, 1208 (Fla. 4th DCA 1999); Haggerty v. State, 531 So.2d 364, 365 (Fla. 1st DCA 1988). The legislative intent in adopting the white collar crime statute was to "enhance sanctions imputed for nonviolent frauds and swindles, protect the public's property, and assist in prosecuting white collar criminals." § 775.0844(2). As with RICO, the white collar crime statute was geared toward prosecuting those individuals who engage in a pattern of committing felony offenses involving fraud and deceit. See § 775.0844(4) (defining "aggravated white collar crime"); see also Carroll v. State, 459 So.2d 368, 370 (Fla. 5th DCA 1984) (recognizing that by establishing RICO, the legislature intended to punish those who engage in a pattern of criminal activity more severely than those who only commit the predicate offenses).
    PAGE 6

  5. Davis v. Inch

    No. 19-20858-CV-MOORE (S.D. Fla. Jun. 9, 2021)
    Here, Petitioner argues that Count 2 of the Information is fatally defective because it does not charge a crime. [ECF No. 22 at 7]. He argues that the charged offense should have referred to subsection (4) of Fla. Stat. § 775.0844, an essential element of the offense. [Id.]. Florida's White Collar Crime Victim Protection Act (the “White Collar Crime”), Fla. Stat. § 775.0844, was enacted to “enhance the sanctions imposed for nonviolent frauds and swindles, protect the public's property, and assist in prosecuting white collar criminals.” See Fla. Stat. § 775.0844( 2). That statute further defines “white collar crime” to include “the commission of, or a conspiracy to commit, ” in relevant part, offenses enumerated in specified Chapters, including those set forth in the Information. See Fla. Stat. §§ 775.0844( 3)(a)(1-11), (b)-(d) (2002). “Aggravated white collar crime” is defined under the statute to “mean 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…
    PAGE 2

  6. Arnauta v. State

    125 So. 3d 1028 (Fla. Dist. Ct. App. 2013)   Cited 2 times
    The White Collar Crime Victim Protection Act, Florida Statutes section 775.0844, addresses “white collar crime,” which includes a variety of offenses by which 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.” § 775.0844(2), Fla. Stat. Subsections (4) and (5) of the statute define “aggravated white collar crime,” providing as follows:
    PAGE 1030

  7. State v. Traylor

    77 So. 3d 224 (Fla. Dist. Ct. App. 2011)   Cited 4 times
    The crime becomes a first-degree felony when a person obtains or attempts to obtain $50,000 or more by the commission of an aggravated white-collar crime against (a) ten or more elderly persons, as defined in section 825.101(5), (b) twenty or more persons, as defined in section 1.01, or (c) the State of Florida, any state agency, any of the state's political subdivisions, or any agency of the state's political subdivisions. § 775.0844(5), Fla. Stat. (2006).
    PAGE 227

  8. U.S. v. Diaz

    CASE NO. 07-20398-CR-UNGARO/O'SULLIVAN (S.D. Fla. Mar. 12, 2008)   Cited 3 times
    Similarly, the White Collar Crime Victim Protection Act, Fla. Stat. § 775.0844 (2002), defines "white collar crime" as "[t]he commission of, or a conspiracy to commit, any felony offense specified in . . . Chapter 817, relating to fraudulent practices." Fla. Stat. § 775.0844(3)(a)(4) (emphasis added).
    PAGE 4

  9. Craun v. State

    124 So. 3d 1027 (Fla. Dist. Ct. App. 2013)   Cited 4 times
    Our record does not contain the scoresheet itself, but no one disputes this number. We note that a first-degree felony charged under section 775.0844 is a level nine felony under the Criminal Punishment Code. It would result in a minimum scoresheet sentence of 48 months' imprisonment if it accounted for the only points scored. See§§ 921.0022, .0024, Fla. Stat. (2003).
    PAGE 1029

  10. State v. Rubio

    917 So. 2d 383 (Fla. Dist. Ct. App. 2005)   Cited 5 times
    In count 130, the defendants were charged with violating Florida's White Collar Crime Victim Protection Act, section 775.0844, by committing at least two white collar crimes, including patient brokering in violation of section 817.505. Section 775.0844(3) provides in part as follows:
    PAGE 399