HB 549 Summary

• Reorders and amends Florida's racketeering statute (s. 895.02) and specifies that pattern of racketeering activity incidents must have occurred after October 1, 1977, with the most recent incident within 5 years of a prior incident.

• Authorizes investigative agencies to institute civil forfeiture proceedings in circuit court for both tangible and intangible property; allows courts to forfeit alternative property up to the value of unavailable property if it has been diminished in value.

• Authorizes the Department of Legal Affairs to bring civil actions for RICO violations to obtain injunctive relief, civil penalties (up to $100,000 for individuals, $1 million for entities), attorney fees, and costs; deposits penalties in the General Revenue Fund and attorney fees in the Legal Affairs Revolving Trust Fund.

• Requires civil investigative subpoenas to remain confidential for 120 days and restricts disclosure to the subpoenaed person's attorney; permits investigative agencies to apply for court orders extending confidentiality for an additional 90 days and to stipulate protective orders on submitted documents.

• Adds victim restitution as a priority distribution category for forfeited property proceeds and establishes an effective date of July 1, 2016.