The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 776
INTRODUCER: Criminal Justice Committee and Senator Gainer
SUBJECT: Racketeering
DATE: March 16, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Erickson Jones CJ Fav/CS
2. Anderson Rogers EN Favorable
3. Erickson Phelps RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 776 amends the definition of “racketeering activity” in the Florida RICO (Racketeer
Influenced and Corrupt Organization) Act to include violations of ch. 379, F.S., and Title 68,
F.A.C., relating to the illegal sale, purchase, take, or possession of wild animal life, freshwater
aquatic life, or marine life, and related crimes. Chapter 379, F.S., and Title 68, F.A.C., are
implemented by the Florida Fish and Wildlife Conservation Commission (FWC). The effect of
this change is that it will allow such unlawful acts to be prosecuted as racketeering if the
commission of the acts constitutes racketeering. A criminal violation of the Florida RICO Act is
a first degree felony. The Act also provides for civil remedies.
The FWC estimates the bill will have an indeterminate impact on the commission. The
Legislature’s Office of Economic and Demographic Research preliminarily estimates that the bill
will have a “positive insignificant” prison bed impact, meaning an increase of 10 or fewer prison
beds. See Section V. Fiscal Impact.
The bill takes effect upon becoming a law.
BILL: CS/SB 776 Page 2
II. Present Situation:
Under Article IV, section 9, of the State Constitution, the FWC exercises the regulatory and
executive powers of the state concerning wild animal life, freshwater aquatic life, and marine
life.1 The FWC implements ch. 379, F.S., and rules adopted in Title 68,2 F.A.C.3
License fees for taking wild animal life, freshwater aquatic life, and marine life and penalties for
violating FWC regulations are prescribed by general law.4 Further, the FWC’s exercise of
executive powers in the area of planning, budgeting, personnel management, and purchasing are
provided by law.5 The Legislature may also enact laws in aid of the FWC that are not
inconsistent with its constitutionally-conferred powers, except for special laws or general laws of
local application relating to hunting or fishing.6
Section 379.401, F.S., details FWC’s four-tier system for penalties and violations, civil penalties
for noncriminal infractions, criminal penalties, and suspension and forfeiture of licenses and
permits.7 Level One violations are considered the least serious while Level Four violations are
considered the most serious.8
Level Two Violations
Examples of a Level Two violation include:
 Violating rules or orders of the commission relating to seasons or time periods for the taking
of wildlife, freshwater fish, or saltwater fish;
 Violating rules or orders of the commission relating to restricted hunting areas, critical
wildlife areas, or bird sanctuaries;
 Violating rules or orders of the commission relating to tagging requirements for wildlife and
fur-bearing animals;
 Violating rules or orders of the commission relating to the use of dogs for the taking of
wildlife;
 Violating rules or orders of the commission which are not otherwise classified; and
 Violating rules or orders of the commission prohibiting the unlawful use of traps, unless
otherwise provided by law.9
1
FLA. CONST. art. IV, s. 9.
2
Title 68 is also referred to as “chapter 68.”
3
“The rules of the FWC have the force of a legislative act, and the Legislature is prohibited from adopting statutes that
conflict with those rules.” Florida Fish and Wildlife Conservation Commission v. Daws, 256 So.3d 907, 917 (Fla. 1st DCA
2018) (citations omitted), review denied, 2018 WL 6605838 (Fla. 2018).
4
FLA. CONST. art. IV, s. 9.
5
Id.
6
Id.
7
Information in this analysis relating to level violations and penalties was reproduced from Bill Analysis and Fiscal Impact
Statement (CS/CS/SB 688) (Feb. 20, 2020), Florida Senate, available at
https://www.flsenate.gov/Session/Bill/2020/688/Analyses/2020s00688.rc.PDF (last visited Feb. 8, 2021).
8
Section 379.401, F.S.
9
Section 379.401(2)(a), F.S.
BILL: CS/SB 776 Page 3
The penalties for Level Two violations are as follows:
Fine or
Level Two Violation Degree of Offense License Restrictions
Incarceration
Max: $500 or
First offense 2nd Degree Misdemeanor10 None
Max: 60 days
Second offense within
three years of previous Min: $250; Max: $1,000
1st Degree Misdemeanor11 None
Level Two violation (or Max: one year
higher)
Third offense within five
years of two previous Min: $500; Max: $1,000 Suspension of license for
1st Degree Misdemeanor12
Level Two violations (or Max: one year one year
higher)
Fourth offense within 10
years of three previous Min: $750; Max $1,000 Suspension of license for
1st Degree Misdemeanor13
Level Two violations (or or Max: one year three years
higher)
Level Three Violations
Examples of a Level Three violation include:
 The illegal sale or possession of alligators;
 The taking of game, freshwater fish, or saltwater fish while a required license is suspended or
revoked; and
 The illegal taking and possession of deer and wild turkey.14
The penalties for a Level Three violation are as follows:
Level Three Fine or
Degree of Offense License Restrictions
Violation Incarceration
Max: $1,000
First offense 1st Degree Misdemeanor15 None
Max: one year
Second offense within 10
Suspension of license or
years of a previous Level Min: $750; Max: $1,000
1st Degree Misdemeanor16 permit for up to three
Three violation (or Max: one year
years
higher)
Fishing, hunting, or
trapping on a suspended Mandatory $1,00017 May not acquire license or
1st Degree Misdemeanor
or revoked license, Max: one year permit for five years
s. 379.354(17), F.S.
10
Section 379.401(2)(b)1., F.S.
11
Section 379.401(2)(b)2., F.S.
12
Section 379.401(2)(b)3., F.S.
13
Section 379.401(2)(b)4., F.S.
14
Section 379.401(3), F.S.
15
Section 379.401(3)(b)1., F.S.
16
Section 379.401(3)(b)2., F.S.
17
Section 379.401(3)(b)3., F.S.
BILL: CS/SB 776 Page 4
Level Four Violations
Examples of a Level Four violation include:
 The making, forging, counterfeiting, or reproduction of a recreational license or the
possession of same without authorization from the commission;
 The sale of illegally-taken deer or wild turkey;
 The unlawful killing, injuring, possessing, or capturing of alligators or other crocodilia or
their eggs;
 The intentional killing or wounding of any species designated as endangered, threatened, or
of special concern; and
 The killing of any Florida or wild panther.18
The penalties for Level Four Violations are as follows:
Level Four Fine or
Degree of Offense License Restrictions
Violation Incarceration
Max: $5,000
First offense19 3rd Degree Felony None
Max: Five Years
Florida RICO Act
The “Florida RICO (Racketeer Influenced and Corrupt Organization) Act” is the short title for
ss. 895.01-895.06, F.S.20 “Racketeering activity” means committing, attempting to commit,
conspiring to commit, or soliciting, coercing, or intimidating another person to commit any of a
number of offenses listed in the definition.21
Section 895.03, F.S., provides that it is unlawful for any person:
 Who with criminal intent has received any proceeds derived, directly or indirectly, from a
pattern of racketeering activity or through the collection of an unlawful debt22 to use or
invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from
the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity
in, real property or in the establishment or operation of any enterprise.23
 Through a pattern of racketeering activity or through the collection of an unlawful debt, to
acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real
property.
18
Section 379.401(4)(a), F.S.
19
Section 379.401(4)(b), F.S.
20
Section 895.01, F.S.
21
Section 895.02(1), F.S. These offenses include violations of specified Florida laws (e.g., Medicaid fraud, kidnapping,
human trafficking, and drug offenses) as well as any conduct defined as “racketeering activity” under 18 U.S.C. s. 1961(1).
22
Section 895.02(2), F.S., defines an “unlawful debt” as any money or other thing of value constituting principal or interest
of a debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted in violation
of specified Florida laws (e.g., various gambling offenses) as well as any gambling activity in violation of federal law or in
the business of lending money at a rate usurious under state or federal law.
23
Section 895.02(3), F.S., defines “enterprise” as any individual, sole proprietorship, partnership, corporation, business trust,
union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of
individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as
well as other, entities. A criminal gang as defined in s. 874.03, F.S., constitutes an enterprise.
BILL: CS/SB 776 Page 5
 Employed by, or associated with, any enterprise to conduct or participate, directly or
indirectly, in such enterprise through a pattern of racketeering activity or the collection of an
unlawful debt.
 To conspire or endeavor to violate any of the previously-described activity. 24
Section 895.04, F.S., provides that a conviction for engaging in the above activities results in a
first degree felony.25
In addition to criminal penalties under s. 895.04, F.S., s. 895.05, F.S., imposes civil liability for
violations of the Florida RICO Act, including forfeiture to the state of all property, including
money, used in the course of, intended for use in the course of, derived from, or realized through
conduct in violation of the act.26
Trafficking in Wild Animal Life, Freshwater Aquatic Life, or Marine Life
The FWC describes the problem of trafficking in wild animal life, freshwater aquatic life, or
marine life:
There is a significant black-market trade in Florida’s wildlife, freshwater aquatic life, and
marine life. This includes live wildlife and aquatic species, including captive wildlife, as
well as eggs, products, and parts thereof. Trafficking in wild species is the fourth most
profitable transnational crime behind the drug trade, arms trade, and human trafficking.
Criminal organizations are often involved in more than one illegal trade.
Factors such as overexploitation/harvest, increased regulation, and global trends, mean
that law enforcement agencies must look broadly at the variety of wildlife and aquatic life
subject to exploitation and illegal commercialization. Marine life species targeted for
trafficking has included corals, live rock, sea cucumbers, reef fish, shrimp, ornamental
aquarium fish, and lobsters. Wildlife targeted for trafficking has included live animals
such as freshwater turtles, federal Endangered Species Act (ESA) and the Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES) listed
species (i.e., sharks, sea turtles [including eggs]) and parts thereof, cervids, captive
wildlife (monkeys, tigers, venomous/non venomous reptiles and tegus), black bears (gall
bladders, paws), and alligators (including eggs). Wildlife, freshwater aquatic life, and
marine life are trafficked for many reasons; the species or parts thereof that are being
trafficked are usually determined by the consumer demand at the time. For these reasons,
it is important that anti-racketeering efforts are not limited to one category of animal life
or type of species.
Species listed under the ESA and CITES, and Florida’s listed endangered and threatened
species, are of particular concern as illegal collection and trafficking are significant
factors in the further decline of these species. However, less regulated species are often
some of the most exploited and are harvested in large numbers. Illegal wildlife markets
24
Section 895.03(4), F.S.
25
A first degree felony is generally punishable by up to 30 years in state prison and a fine not exceeding $10,000. Sections
775.082 and 775.083, F.S.
26
Section 895.05(2), F.S.
BILL: CS/SB 776 Page 6
sometimes follow a “boom and bust” cycle. Wildlife, freshwater aquatic life, and marine
life will be exploited until the species is over harvested and declines to the extent the
species are difficult to acquire or special protections are placed on the species. Once one
species has followed this “boom and bust” cycle, markets will shift to a new species and
so on.
In addition, trafficking involves offenses beyond illegal take or sale of species. Efforts to
launder trafficked wildlife and aquatic life may involve the falsification of records,
licenses, and documents and concealment of sources of acquisition as related crimes that
further the criminal enterprise.27
Prosecution of Trafficking in Wild Animal Life, Freshwater Aquatic Life, or Marine Life
In October of 2020, the FWC announced that a group of suspects were charged with
racketeering, money laundering, scheming to defraud, “and other organized criminal laws
involving an elaborate organized enterprise to smuggle