Florida Regulations 69D-1.003: Review Process and Reward Criteria
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(1) If information obtained from an applicant leads to an arrest, prosecution, and conviction, the corresponding case information shall be used to complete the Form DFS-L1-1474 (rev. 9/04) “”Reward Application Summary,”” and such will be treated as an “”Application for Reward.”” Form DFS-L1-1474 (rev. 9/04) Reward Application Summary is hereby adopted and incorporated by reference. This form may be obtained via the Department’s website at http://www.myfloridacfo.com.
(2) Applications will be reviewed by a committee consisting of each of the five chapter presidents of the Florida Association of Special Investigation Units or their designees, the Director of the Division of Investigative and Forensic Services, and any personnel appointed by the Director.
(3) The committee will meet as needed to review the applications for reward, to determine whether or not a reward should be given, and to determine the amount of a reward.
(4) Only a single reward amount will be granted, per investigation, provided that the case qualifies for a reward pursuant to the criteria in Fl. Admin. Code R. 69D-1.003 Additionally, this amount may be divided among multiple Anti-Fraud Reward Applicants where applicable.
(5) A reward may only be given if information was submitted by an applicant to the Division of Investigative and Forensic Services on or after October 1, 1999, and such information led to the arrest and conviction of a person who committed a complex or organized crime investigated by the Division arising from a violation of section 440.105, 624.15, 626.9541, 626.989, 790.164, 790.165, 790.166, 806.031, 806.10, 806.111, 817.233, or 817.234, F.S. In determining the amount of the reward to be awarded, the Department will consider the factors in subsections 69D-1.003(7) and (8), F.A.C.
(6) Conviction as used in this rule means a judicial finding of guilt; a judicial finding of guilt in which adjudication is withheld; judicial acceptance of a negotiated plea; or judicial acceptance of a nolo contendere plea.
(7) A “”Complex Case”” for the purposes of this rule is defined as any case investigated by the Division of Investigative and Forensic Services that involves one or more of the following characteristics:
(a) Multiple defendants – five or more.
(b) Criminal activity occurring in more than one jurisdiction, whether or not the case is accepted by the Statewide Prosecutor or U.S. Attorney.
(c) Aggregate value of loss over $250,000.
(d) Records which require substantial analysis.
(e) Multiple victims or witnesses, including instances where investigators other than the lead investigator take witness statements.
(f) Specialized undercover investigations that take longer than one month.
(g) Task force activity involving other law enforcement agencies.
(h) Federal criminal charges.
(i) Insolvency investigation.
(j) Unauthorized entity investigation.
(8) “”Organized Crime”” for the purposes of this rule is defined as a systematic, on-going course of criminal conduct with intent to defraud one or more persons, and involving at least two incidents resulting in violations of the listed offenses in subsection 69D-1.003(8), F.A.C.
(9) Subject to the reward process and criteria identified in Fl. Admin. Code R. 69D-1.003, rewards shall be paid pursuant to the following schedule:
(a) A reward of up to $25,000 will be granted for information leading to a conviction arising from a violation of an applicable criminal statute when the case is valued at $1,000,000 or more.
(b) A reward of up to $10,000 will be granted for information leading to a conviction arising from a violation of an applicable criminal statute when the case is valued at $100,000 or more but less than $1,000,000.
(c) A reward of up to $5,000 will be granted for information leading to a conviction arising from a violation of an applicable criminal statute when the case is valued at $20,000 or more but less than $100,000.
(d) A reward of up to $1,000 will be granted for information leading to a conviction arising from a violation of an applicable criminal statute when the case is valued at $20,000 or less but more than $5,000.
(e) A reward of up to $500 will be granted for information leading to a conviction arising from a violation of an applicable criminal statute when the case is valued at $5,000 or less.
(f) $250,000 has been allocated to pay rewards. In the event the allocated $250,000 has been distributed, no further rewards shall be granted.
(10) Actual monetary loss in a case is not required for an applicant to receive a reward, but in such cases the appraised value of the property involved will be a relevant factor.
Rulemaking Authority 624.308, 626.9892 FS. Law Implemented 624.307, 626.9892 FS. History-New 6-6-05, Amended 11-13-08, 3-27-17.
Terms Used In Florida Regulations 69D-1.003
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Statute: A law passed by a legislature.
(3) The committee will meet as needed to review the applications for reward, to determine whether or not a reward should be given, and to determine the amount of a reward.
(4) Only a single reward amount will be granted, per investigation, provided that the case qualifies for a reward pursuant to the criteria in Fl. Admin. Code R. 69D-1.003 Additionally, this amount may be divided among multiple Anti-Fraud Reward Applicants where applicable.
(5) A reward may only be given if information was submitted by an applicant to the Division of Investigative and Forensic Services on or after October 1, 1999, and such information led to the arrest and conviction of a person who committed a complex or organized crime investigated by the Division arising from a violation of section 440.105, 624.15, 626.9541, 626.989, 790.164, 790.165, 790.166, 806.031, 806.10, 806.111, 817.233, or 817.234, F.S. In determining the amount of the reward to be awarded, the Department will consider the factors in subsections 69D-1.003(7) and (8), F.A.C.
(6) Conviction as used in this rule means a judicial finding of guilt; a judicial finding of guilt in which adjudication is withheld; judicial acceptance of a negotiated plea; or judicial acceptance of a nolo contendere plea.
(7) A “”Complex Case”” for the purposes of this rule is defined as any case investigated by the Division of Investigative and Forensic Services that involves one or more of the following characteristics:
(a) Multiple defendants – five or more.
(b) Criminal activity occurring in more than one jurisdiction, whether or not the case is accepted by the Statewide Prosecutor or U.S. Attorney.
(c) Aggregate value of loss over $250,000.
(d) Records which require substantial analysis.
(e) Multiple victims or witnesses, including instances where investigators other than the lead investigator take witness statements.
(f) Specialized undercover investigations that take longer than one month.
(g) Task force activity involving other law enforcement agencies.
(h) Federal criminal charges.
(i) Insolvency investigation.
(j) Unauthorized entity investigation.
(8) “”Organized Crime”” for the purposes of this rule is defined as a systematic, on-going course of criminal conduct with intent to defraud one or more persons, and involving at least two incidents resulting in violations of the listed offenses in subsection 69D-1.003(8), F.A.C.
(9) Subject to the reward process and criteria identified in Fl. Admin. Code R. 69D-1.003, rewards shall be paid pursuant to the following schedule:
(a) A reward of up to $25,000 will be granted for information leading to a conviction arising from a violation of an applicable criminal statute when the case is valued at $1,000,000 or more.
(b) A reward of up to $10,000 will be granted for information leading to a conviction arising from a violation of an applicable criminal statute when the case is valued at $100,000 or more but less than $1,000,000.
(c) A reward of up to $5,000 will be granted for information leading to a conviction arising from a violation of an applicable criminal statute when the case is valued at $20,000 or more but less than $100,000.
(d) A reward of up to $1,000 will be granted for information leading to a conviction arising from a violation of an applicable criminal statute when the case is valued at $20,000 or less but more than $5,000.
(e) A reward of up to $500 will be granted for information leading to a conviction arising from a violation of an applicable criminal statute when the case is valued at $5,000 or less.
(f) $250,000 has been allocated to pay rewards. In the event the allocated $250,000 has been distributed, no further rewards shall be granted.
(10) Actual monetary loss in a case is not required for an applicant to receive a reward, but in such cases the appraised value of the property involved will be a relevant factor.
Rulemaking Authority 624.308, 626.9892 FS. Law Implemented 624.307, 626.9892 FS. History-New 6-6-05, Amended 11-13-08, 3-27-17.