Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 582
Ì248166=Î248166
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/19/2016 .
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The Committee on Governmental Oversight and Accountability
(Latvala) recommended the following:
1 Senate Substitute for Amendment (401016) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (7) of section 838.014, Florida
7 Statutes, is renumbered as subsection (8), present subsections
8 (4) and (6) are amended, and a new subsection (6) is added to
9 that section, to read:
10 838.014 Definitions.—As used in this chapter, the term:
11 (4) “Governmental entity” means an agency or entity of the
12 state, a county, municipality, or special district or any other
13 public entity created or authorized by law “Corruptly” or “with
14 corrupt intent” means acting knowingly and dishonestly for a
15 wrongful purpose.
16 (6) “Public contractor” means, for purposes of ss. 838.022
17 and 838.22 only:
18 (a) Any person, as defined in s. 1.01(3), who has entered
19 into a contract with a governmental entity; or
20 (b) Any officer or employee of a person, as defined in s.
21 1.01(3), who has entered into a contract with a governmental
22 entity.
23 (7)(6) “Public servant” means:
24 (a) Any officer or employee of a governmental state,
25 county, municipal, or special district agency or entity,;
26 including
27 (b) any executive, legislative, or judicial branch officer
28 or employee;
29 (b)(c) Any person, except a witness, who acts as a general
30 or special magistrate, receiver, auditor, arbitrator, umpire,
31 referee, consultant, or hearing officer while performing a
32 governmental function; or
33 (c)(d) A candidate for election or appointment to any of
34 the officer positions listed in this subsection, or an
35 individual who has been elected to, but has yet to officially
36 assume the responsibilities of, public office.
37 Section 2. Subsection (1) of section 838.015, Florida
38 Statutes, is amended to read:
39 838.015 Bribery.—
40 (1) “Bribery” means corruptly to knowingly and
41 intentionally give, offer, or promise to any public servant, or,
42 if a public servant, corruptly to knowingly and intentionally
43 request, solicit, accept, or agree to accept for himself or
44 herself or another, any pecuniary or other benefit not
45 authorized by law with an intent or purpose to influence the
46 performance of any act or omission which the person believes to
47 be, or the public servant represents as being, within the
48 official discretion of a public servant, in violation of a
49 public duty, or in performance of a public duty.
50 Section 3. Subsections (1) and (2) of section 838.016,
51 Florida Statutes, are amended to read:
52 838.016 Unlawful compensation or reward for official
53 behavior.—
54 (1) It is unlawful for any person corruptly to knowingly
55 and intentionally give, offer, or promise to any public servant,
56 or, if a public servant, corruptly to knowingly and
57 intentionally request, solicit, accept, or agree to accept, any
58 pecuniary or other benefit not authorized by law, for the past,
59 present, or future performance, nonperformance, or violation of
60 any act or omission which the person believes to have been, or
61 the public servant represents as having been, either within the
62 official discretion of the public servant, in violation of a
63 public duty, or in performance of a public duty. This section
64 does not Nothing herein shall be construed to preclude a public
65 servant from accepting rewards for services performed in
66 apprehending any criminal.
67 (2) It is unlawful for any person corruptly to knowingly
68 and intentionally give, offer, or promise to any public servant,
69 or, if a public servant, corruptly to knowingly and
70 intentionally request, solicit, accept, or agree to accept, any
71 pecuniary or other benefit not authorized by law for the past,
72 present, or future exertion of any influence upon or with any
73 other public servant regarding any act or omission which the
74 person believes to have been, or which is represented to him or
75 her as having been, either within the official discretion of the
76 other public servant, in violation of a public duty, or in
77 performance of a public duty.
78 Section 4. Subsection (1) of section 838.022, Florida
79 Statutes, is amended, and subsection (2) of that section is
80 republished, to read:
81 838.022 Official misconduct.—
82 (1) It is unlawful for a public servant or public
83 contractor, with corrupt intent to knowingly and intentionally
84 obtain a benefit for any person or to cause unlawful harm to
85 another, by to:
86 (a) Falsifying Falsify, or causing cause another person to
87 falsify, any official record or official document;
88 (b) Concealing, covering up, destroying, mutilating, or
89 altering Conceal, cover up, destroy, mutilate, or alter any
90 official record or official document, except as authorized by
91 law or contract, or causing cause another person to perform such
92 an act; or
93 (c) Obstructing, delaying, or preventing Obstruct, delay,
94 or prevent the communication of information relating to the
95 commission of a felony that directly involves or affects the
96 government public agency or public entity served by the public
97 servant or public contractor.
98 (2) For the purposes of this section:
99 (a) The term “public servant” does not include a candidate
100 who does not otherwise qualify as a public servant.
101 (b) An official record or official document includes only
102 public records.
103 Section 5. Section 838.22, Florida Statutes, is amended to
104 read:
105 838.22 Bid tampering.—
106 (1) It is unlawful for a public servant or a public
107 contractor who has contracted with a governmental entity to
108 assist in a competitive procurement, with corrupt intent to
109 knowingly and intentionally influence or attempt to influence
110 the competitive solicitation bidding process undertaken by any
111 governmental state, county, municipal, or special district
112 agency, or any other public entity, for the procurement of
113 commodities or services, by to:
114 (a) Disclosing, except as authorized by law, Disclose
115 material information concerning a vendor’s response, any
116 evaluation results, bid or other aspects of the competitive
117 solicitation bidding process when such information is not
118 publicly disclosed.
119 (b) Altering or amending Alter or amend a submitted
120 response bid, documents or other materials supporting a
121 submitted response bid, or any evaluation bid results relating
122 to the competitive solicitation for the purpose of intentionally
123 providing a competitive advantage to any person who submits a
124 response bid.
125 (2) It is unlawful for a public servant or a public
126 contractor who has contracted with a governmental entity to
127 assist in a competitive procurement, with corrupt intent to
128 knowingly and intentionally obtain a benefit for any person or
129 to cause unlawful harm to another by circumventing, to
130 circumvent a competitive solicitation bidding process required
131 by law or rule through the use of by using a sole-source
132 contract for commodities or services.
133 (3) It is unlawful for any person to knowingly agree,
134 conspire, combine, or confederate, directly or indirectly, with
135 a public servant or a public contractor who has contracted with
136 a governmental entity to assist in a competitive procurement to
137 violate subsection (1) or subsection (2).
138 (4) It is unlawful for any person to knowingly enter into a
139 contract for commodities or services which was secured by a
140 public servant or a public contractor who has contracted with a
141 governmental entity to assist in a competitive procurement
142 acting in violation of subsection (1) or subsection (2).
143 (5) Any person who violates this section commits a felony
144 of the second degree, punishable as provided in s. 775.082, s.
145 775.083, or s. 775.084.
146 Section 6. Section 838.24, Florida Statutes, is created to
147 read:
148 838.24 Attorney fees.—Public servants and public
149 contractors prosecuted for a violation under this act may
150 recover attorney fees in the same manner as provided by common
151 law for public officers and employees with respect to the
152 enforcement of public corruption laws.
153 Section 7. For the purpose of incorporating the amendment
154 made by this act to section 838.022, Florida Statutes, in a
155 reference thereto, paragraph (a) of subsection (2) of section
156 112.534, Florida Statutes, is reenacted to read:
157 112.534 Failure to comply; official misconduct.—
158 (2)(a) All the provisions of s. 838.022 shall apply to this
159 part.
160 Section 8. For the purpose of incorporating the amendment
161 made by this act to section 838.022, Florida Statutes, in a
162 reference thereto, paragraph (d) of subsection (4) of section
163 117.01, Florida Statutes, is reenacted to read:
164 117.01 Appointment, application, suspension, revocation,
165 application fee, bond, and oath.—
166 (4) The Governor may suspend a notary public for any of the
167 grounds provided in s. 7, Art. IV of the State Constitution.
168 Grounds constituting malfeasance, misfeasance, or neglect of
169 duty include, but are not limited to, the following:
170 (d) Official misconduct as defined in s. 838.022.
171 Section 9. For the purpose of incorporating the amendment
172 made by this act to section 838.014, Florida Statutes, in a
173 reference thereto, subsection (11) of section 817.568, Florida
174 Statutes, is reenacted to read:
175 817.568 Criminal use of personal identification
176 information.—
177 (11) A person who willfully and without authorization
178 fraudulently uses personal identification information concerning
179 an individual who is 60 years of age or older; a disabled adult
180 as defined in s. 825.101; a public servant as defined in s.
181 838.014; a veteran as defined in s. 1.01; a first responder as
182 defined in s. 125.01045; an individual who is employed by the
183 State of Florida; or an individual who is employed by the
184 Federal Government without first obtaining the consent of that
185 individual commits a felony of the second degree, punishable as
186 provided in s. 775.082, s. 775.083, or s. 775.084.
187 Section 10. For the purpose of incorporating the amendments
188 made by this act to sections 838.015, 838.016, and 838.22,
189 Florida Statutes, in references thereto, paragraph (g) of
190 subsection (3) of section 921.0022, Florida Statutes, is
191 reenacted to read:
192 921.0022 Criminal Punishment Code; offense severity ranking
193 chart.—
194 (3) OFFENSE SEVERITY RANKING CHART
195 (g) LEVEL 7
196
197
198 FloridaStatute FelonyDegree Description
199 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
200 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
201 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
202 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
203 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
204 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
205 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
206 456.065(2) 3rd Practicing a health care profession without a license.
207 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
208 458.327(1) 3rd Practicing medicine without a license.
209 459.013(1) 3rd Practicing osteopathic medicine without a license.
210 460.411(1) 3rd Practicing chiropractic medicine without a license.
211 461.012(1) 3rd Practicing podiatric medicine without a license.
212 462.17 3rd Practicing naturopathy without a license.
213 463.015(1) 3rd Practicing optometry without a license.
214 464.016(1) 3rd Practicing nursing without a license.
215 465.015(2) 3rd Practicing pharmacy without a license.
216 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
217 467.201 3rd Practicing midwifery without a license.
218 468.366 3rd Delivering respiratory care services without a license.
219 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
220 483.901(9) 3rd Practicing medical physics without a license.
221 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
222 484.053 3rd Dispensing hearing aids without a license.
223 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
224 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
225 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
226 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
227 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
228 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
229 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
230 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
231 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
232 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
233 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
234 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
235 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
236 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
237 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
238 784.048(7) 3rd Aggravated stalking; violation of court order.
239 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
240 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
241 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
242 784.081(1) 1st Aggravated battery on specified official or employee.
243 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
244 784.083(1) 1st Aggravated battery on code inspector.
245 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
246 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
247 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
248 790.16(1) 1st Discharge of a machine gun under specified circumstances.
249 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
250 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
251 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
252 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
253 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
254 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
255 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
256 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
257 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
258 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
259 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
260 806.01(2) 2nd Maliciously damage structure by fire or explosive.
261 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
262 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
263 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
264 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
265 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
266 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
267 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
268 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
269 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
270 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
271 812.131(2)(a) 2nd Robbery by sudden snatching.
272 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
273 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
274 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
275 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
276 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
277 817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
278 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
279 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
280 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
281 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
282 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
283 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
284 838.015 2nd Bribery.
285 838.016 2nd Unlawful compensation or reward for official behavior.
286 838.021(3)(a) 2nd Unlawful harm to a public servant.
287 838.22 2nd Bid tampering.
288 843.0855(2) 3rd Impersonation of a public officer or employee.
289 843.0855(3) 3rd Unlawful simulation of legal process.
290 843.0855(4) 3rd Intimidation of a public officer or employee.
291 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
292 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
293 872.06 2nd Abuse of a dead human body.
294 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
295 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
296 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
297 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
298 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
299 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
300 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
301 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
302 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
303 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
304 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
305 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
306 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
307 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
308 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
309 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
310 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
311 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
312 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
313 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
314 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
315 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
316 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
317 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
318 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
319 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
320 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
321 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
322 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
323 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
324 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
325 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
326 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
327 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
328
329
330 Section 11. For the purpose of incorporating the amendment
331 made by this act to section 838.022, Florida Statutes, in a
332 reference thereto, paragraph (d) of subsection (3) of section
333 921.0022, Florida Statutes, is reenacted to read:
334 921.0022 Criminal Punishment Code; offense severity ranking
335 chart.—
336 (3) OFFENSE SEVERITY RANKING CHART
337 (d) LEVEL 4
338
339
340 FloridaStatute FelonyDegree Description
341 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
342 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
343 499.0051(2) 3rd Failure to authenticate pedigree papers.
344 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
345 517.07(1) 3rd Failure to register securities.
346 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
347 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
348 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
349 784.075 3rd Battery on detention or commitment facility staff.
350 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
351 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
352 784.081(3) 3rd Battery on specified official or employee.
353 784.082(3) 3rd Battery by detained person on visitor or other detainee.
354 784.083(3) 3rd Battery on code inspector.
355 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
356 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
357 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
358 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
359 787.07 3rd Human smuggling.
360 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
361 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
362 790.115(2)(c) 3rd Possessing firearm on school property.
363 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
364 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
365 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
366 810.06 3rd Burglary; possession of tools.
367 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
368 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
369 812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
370 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
371 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
372 817.568(2)(a) 3rd Fraudulent use of personal identification information.
373 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
374 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
375 837.02(1) 3rd Perjury in official proceedings.
376 837.021(1) 3rd Make contradictory statements in official proceedings.
377 838.022 3rd Official misconduct.
378 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
379 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
380 843.021 3rd Possession of a concealed handcuff key by a person in custody.
381 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
382 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
383 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
384 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
385 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
386 914.14(2) 3rd Witnesses accepting bribes.
387 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
388 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
389 918.12 3rd Tampering with jurors.
390 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
391
392
393 Section 12. This act shall take effect October 1, 2016.
394
395 ================= T I T L E A M E N D M E N T ================
396 And the title is amended as follows:
397 Delete everything before the enacting clause
398 and insert:
399 A bill to be entitled
400 An act relating to public corruption; amending s.
401 838.014, F.S.; revising and providing definitions;
402 amending s. 838.015, F.S.; revising the definition of
403 the term “bribery”; revising requirements for
404 prosecution; amending s. 838.016, F.S.; revising the
405 prohibition against unlawful compensation or reward
406 for official behavior to conform to changes made by
407 the act; amending s. 838.022, F.S.; revising the
408 prohibition against official misconduct to conform to
409 changes made by the act; revising applicability of the
410 offense to include public contractors; amending s.
411 838.22, F.S.; revising the prohibition against bid
412 tampering to conform to changes made by the act;
413 revising applicability of the offense to include
414 specified public contractors; creating s. 838.24,
415 F.S.; authorizing the award of attorney fees to public
416 servants and public contractors under certain
417 conditions; reenacting s. 112.534(2)(a), F.S.,
418 relating to official misconduct, and s. 117.01(4)(d),
419 F.S., relating to appointment, application,
420 suspension, revocation, application fee, bond, and
421 oath of notaries public, to incorporate the amendment
422 made by the act to s. 838.022, F.S., in references
423 thereto; reenacting s. 817.568(11), F.S., relating to
424 criminal use of personal identification information,
425 to incorporate the amendment made by the act to s.
426 838.014, F.S., in a reference thereto; reenacting s.
427 921.0022(3)(d) and (g), F.S., relating to the Criminal
428 Punishment Code offense severity ranking chart, to
429 incorporate the amendments made by the act to ss.
430 838.015, 838.016, 838.022, and 838.22, F.S., in
431 references thereto; providing an effective date.