House Bill 1973

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    Florida House of Representatives - 2000                HB 1973

        By the Committee on Crime & Punishment and Representative
    Ball





  1                      A bill to be entitled

  2         An act relating to offenses by public servants;

  3         amending s. 16.56, F.S.; authorizing the Office

  4         of Statewide Prosecution to prosecute

  5         violations of ch. 838, F.S.; amending s.

  6         287.133, F.S.; redefining the term "public

  7         entity crime"; providing criteria for the

  8         placement and removal of names on the convicted

  9         vendor list; providing a short title; amending

10         s. 838.014, F.S.; redefining the terms

11         "benefit," "corruptly," "harm," and "public

12         servant"; deleting definitions; amending ss.

13         838.015 and 838.016, F.S.; increasing

14         penalties; creating ss. 838.022, 838.20,

15         838.21, and 838.23, F.S.; providing criminal

16         penalties for official misconduct, criminal

17         misuse of official position, disclosure or use

18         of confidential criminal justice information,

19         and bid tampering; amending s. 837.02, F.S.;

20         providing a criminal penalty for perjury in an

21         official proceeding by a public servant;

22         amending s. 921.0022, F.S.; deleting specified

23         felonies from and adding specified felonies to

24         the Criminal Punishment Code; repealing s.

25         839.25, F.S., relating to official misconduct;

26         providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Paragraph (a) of subsection (1) of section

31  16.56, Florida Statutes, is amended to read:

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  1         16.56  Office of Statewide Prosecution.--

  2         (1)  There is created in the Department of Legal

  3  Affairs an Office of Statewide Prosecution.  The office shall

  4  be a separate "budget entity" as that term is defined in

  5  chapter 216.  The office may:

  6         (a)  Investigate and prosecute the offenses of:

  7         1.  Bribery, any violation of chapter 838, burglary,

  8  criminal usury, extortion, gambling, kidnapping, larceny,

  9  murder, prostitution, perjury, robbery, carjacking, and

10  home-invasion robbery;

11         2.  Any crime involving narcotic or other dangerous

12  drugs;

13         3.  Any violation of the provisions of the Florida RICO

14  (Racketeer Influenced and Corrupt Organization) Act, including

15  any offense listed in the definition of racketeering activity

16  in s. 895.02(1)(a), providing such listed offense is

17  investigated in connection with a violation of s. 895.03 and

18  is charged in a separate count of an information or indictment

19  containing a count charging a violation of s. 895.03, the

20  prosecution of which listed offense may continue independently

21  if the prosecution of the violation of s. 895.03 is terminated

22  for any reason;

23         4.  Any violation of the provisions of the Florida

24  Anti-Fencing Act;

25         5.  Any violation of the provisions of the Florida

26  Antitrust Act of 1980, as amended;

27         6.  Any crime involving, or resulting in, fraud or

28  deceit upon any person; or

29         7.  Any violation of s. 847.0135, relating to computer

30  pornography and child exploitation prevention, or any offense

31  related to a violation of s. 847.0135,

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  1

  2  or any attempt, solicitation, or conspiracy to commit any of

  3  the crimes specifically enumerated above.  The office shall

  4  have such power only when any such offense is occurring, or

  5  has occurred, in two or more judicial circuits as part of a

  6  related transaction, or when any such offense is connected

  7  with an organized criminal conspiracy affecting two or more

  8  judicial circuits.

  9         Section 2.  Paragraph (g) of subsection (1) and

10  paragraph (e) of subsection (3) of section 287.133, Florida

11  Statutes, are amended to read:

12         287.133  Public entity crime; denial or revocation of

13  the right to transact business with public entities.--

14         (1)  As used in this section:

15         (g)  "Public entity crime" means a violation of any

16  state or federal law by a person with respect to and directly

17  related to the transaction of business with any public entity

18  or with an agency or political subdivision of any other state

19  or with the United States, including, but not limited to, any

20  bid or contract for goods or services, any lease for real

21  property, or any contract for the construction or repair of a

22  public building or public work, involving antitrust, fraud,

23  theft, bribery or any of the provisions of chapter 838,

24  collusion, racketeering, conspiracy, or material

25  misrepresentation.

26         (3)

27         (e)1.  Upon receipt of information regarding a finding

28  of guilt against a person of a public entity crime, the

29  department shall determine whether the finding has been

30  recorded with the clerk of the court in which the finding was

31  obtained and, if so, shall immediately place the name of that

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  1  person or affiliate on the convicted vendor list. The

  2  department shall also notify the person or affiliate of his or

  3  her right to a hearing, the procedure that must be followed,

  4  and the applicable time requirements. If the person or

  5  affiliate does not request a hearing, the name of that person

  6  or affiliate remains on the convicted vendor list unless the

  7  finding of guilt is overturned on appeal or has been sealed or

  8  expunged by a court of competent jurisdiction. As used in this

  9  paragraph, the term "finding of guilt" means any determination

10  of guilt as a result of a trial or the entry of a plea of

11  guilty or nolo contendere, regardless of whether adjudication

12  is withheld, and includes, but is not limited to, a finding of

13  guilt by a federal or military tribunal, including a

14  court-martial conducted by the Armed Forces of the United

15  States, and includes a finding of guilt by a court of any

16  state of the United States. Upon receiving reasonable

17  information from any source that a person has been convicted,

18  the department shall investigate the information and determine

19  whether good cause exists to place that person or an affiliate

20  of that person on the convicted vendor list.  If good cause

21  exists, the department shall notify the person or affiliate in

22  writing of its intent to place the name of that person or

23  affiliate on the convicted vendor list, and of the person's or

24  affiliate's right to a hearing, the procedure that must be

25  followed, and the applicable time requirements.  If the person

26  or affiliate does not request a hearing, the department shall

27  enter a final order placing the name of the person or

28  affiliate on the convicted vendor list.  No person or

29  affiliate may be placed on the convicted vendor list without

30  receiving an individual notice of intent from the department.

31

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  1         2.  Within 21 days after of receipt of the notice of

  2  intent, the person or affiliate may file a petition for a

  3  formal hearing pursuant to ss. 120.569 and 120.57(1) to

  4  determine whether there is any substantial whether it is in

  5  the public purpose or interest in removing the name of for

  6  that person or affiliate from to be placed on the convicted

  7  vendor list.  A person or affiliate may not file a petition

  8  for an informal hearing under s. 120.57(2).  The procedures of

  9  chapter 120 shall apply to any formal hearing under this

10  section except where they are in conflict with the following

11  provisions:

12         a.  The petition shall be filed with the department.

13  The department shall be a party to the proceeding for all

14  purposes.

15         b.  Within 5 days after the filing of the petition, the

16  department shall notify the Division of Administrative

17  Hearings of the request for a formal hearing.  The director of

18  the Division of Administrative Hearings shall, within 5 days

19  after receipt of notice from the department, assign an

20  administrative law judge to preside over the proceeding.  The

21  administrative law judge, upon request by a party, may

22  consolidate related proceedings.

23         c.  The administrative law judge shall conduct the

24  formal hearing within 30 days after being assigned, unless

25  otherwise stipulated by the parties.

26         d.  Within 30 days after the formal hearing or receipt

27  of the hearing transcript, whichever is later, the

28  administrative law judge shall enter a final order, which

29  shall consist of findings of fact, conclusions of law,

30  interpretation of agency rules, and any other information

31  required by law or rule to be contained in the final order.

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  1  Such final order shall remove place or not remove place the

  2  person or affiliate from on the convicted vendor list.

  3         e.  The final order of the administrative law judge

  4  shall be final agency action for purposes of s. 120.68.

  5         f.  At any time after the filing of the petition,

  6  informal disposition may be made pursuant to s. 120.57(4).  In

  7  that event, the administrative law judge shall enter a final

  8  order adopting the stipulation, agreed settlement, or consent

  9  order.

10         3.  In determining whether there is a substantial it is

11  in the public interest justifying the removal of the name of

12  the to place a person or affiliate from on the convicted

13  vendor list, the administrative law judge may shall consider

14  the following factors:

15         a.  Whether the person or affiliate committed a public

16  entity crime.

17         b.  The nature and details of the public entity crime.

18         c.  The degree of culpability of the person or

19  affiliate proposed to be placed on the convicted vendor list.

20         d.  Prompt or voluntary payment of any damages or

21  penalty as a result of the conviction.

22         e.  Cooperation with state or federal investigation or

23  prosecution of any public entity crime, provided that a good

24  faith exercise of any constitutional, statutory, or other

25  right during any portion of the investigation or prosecution

26  of any public entity crime shall not be considered a lack of

27  cooperation.

28         f.  Disassociation from any other persons or affiliates

29  convicted of the public entity crime.

30         g.  Prior or future self-policing by the person or

31  affiliate to prevent public entity crimes.

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  1         h.  Reinstatement or clemency in any jurisdiction in

  2  relation to the public entity crime at issue in the

  3  proceeding.

  4         i.  Compliance by the person or affiliate with the

  5  notification provisions of paragraph (b).

  6         j.  The needs of public entities for additional

  7  competition in the procurement of goods and services in their

  8  respective markets.

  9         k.  Mitigation based upon any demonstration of good

10  citizenship by the person or affiliate.

11         4.  In any proceeding under this section, the person to

12  whom notice was given department shall be required to prove

13  that there is a substantial it is in the public interest

14  justifying the removal of the name of for the person from to

15  whom it has given notice under this section to be placed on

16  the convicted vendor list. Proof of a conviction of the person

17  or that one is an affiliate of such person shall constitute a

18  prima facie case that it is in the public interest for the

19  person or affiliate to whom the department has given notice to

20  be put on the convicted vendor list.  Prompt payment of

21  damages or posting of a bond, cooperation with investigation,

22  and termination of the employment or other relationship with

23  the employee or other natural person responsible for the

24  public entity crime shall create a rebuttable presumption that

25  it is not in the public interest to place a person or

26  affiliate on the convicted vendor list.  Status as an

27  affiliate must be proven by the department by clear and

28  convincing evidence. If the administrative law judge

29  determines that the person was not convicted or is not an

30  affiliate of such person, that person or affiliate shall be

31  removed from not be placed on the convicted vendor list.

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  1         5.  Any person or affiliate who has been notified by

  2  the department of its intent to place his or her name on the

  3  convicted vendor list may offer evidence on any relevant

  4  issue. An affidavit alone shall not constitute competent

  5  substantial evidence that the person has not been convicted or

  6  is not an affiliate of a person so convicted.  Upon

  7  establishment of a prima facie case that it is in the public

  8  interest for the person or affiliate to whom the department

  9  has given notice to be put on the convicted vendor list, that

10  person or affiliate may prove by a preponderance of the

11  evidence that it would not be in the public interest to put

12  him or her on the convicted vendor list, based upon evidence

13  addressing the factors in subparagraph 3.

14         Section 3.  This act may be cited as the "Citizens'

15  Right to Honest Government Act."

16         Section 4.  Section 838.014, Florida Statutes, is

17  amended to read:

18         838.014  Definitions.--As used in For the purposes of

19  this chapter, the term unless a different meaning plainly is

20  required:

21         (1)  "Benefit" means gain or advantage, or anything

22  regarded by the person to be benefited as a gain or advantage,

23  including the doing of an act beneficial to any person in

24  whose welfare he or she is interested, including any

25  commission, gift, gratuity, property, commercial interest, or

26  any other thing of economic value.

27         (2)  "Corruptly" or "corrupt intent" means done with

28  knowledge that the act is wrongful.

29         (3)  "Harm" means pecuniary or other loss,

30  disadvantage, or injury to the person affected, including

31

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  1  loss, disadvantage, or injury to any other person in whose

  2  welfare he or she is interested.

  3         (4)  "Public servant" means:

  4         (a)  Any officer or employee of a state, county,

  5  municipal, or special district agency or entity;

  6         (b)  Any legislative or judicial officer or employee;

  7         (c)  Any officer, director, partner, manager,

  8  representative, or employee of a nongovernmental entity that

  9  is authorized by law or contract to perform a governmental

10  function or provide a governmental service on behalf of a

11  state, county, municipal, or special district agency or

12  entity;

13         (d)  Any person who holds an office in a political

14  party or political party committee;

15         (e)  Any person, except a witness, who acts as a

16  master, receiver, auditor, juror, arbitrator, umpire, referee,

17  consultant, or hearing officer while performing a governmental

18  function; or

19         (f)  A candidate for election or appointment to any of

20  the positions listed in this subsection, or an individual who

21  has been elected to, but has yet to officially assume the

22  responsibilities of, public office.

23         (2)  "Pecuniary benefit" is benefit in the form of any

24  commission, gift, gratuity, property, commercial interest, or

25  any other thing of economic value.

26         (3)  "Harm" means loss, disadvantage, or injury to the

27  person affected, including loss, disadvantage, or injury to

28  any other person in whose welfare he or she is interested.

29         (4)  "Public servant" means any public officer, agent,

30  or employee of government, whether elected or appointed,

31  including, but not limited to, any executive, legislative, or

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  1  judicial officer; any person who holds an office or position

  2  in a political party or political party committee, whether

  3  elected or appointed; and any person participating as a

  4  special master, receiver, auditor, juror, arbitrator, umpire,

  5  referee, consultant, administrative law judge, hearing

  6  officer, or hearing examiner, or person acting on behalf of

  7  any of these, in performing a governmental function; but the

  8  term does not include witnesses.  Such term shall include a

  9  candidate for election or appointment to any such office,

10  including any individual who seeks or intends to occupy any

11  such office.  It shall include any person appointed to any of

12  the foregoing offices or employments before and after he or

13  she qualifies.

14         (5)  "Government" includes the state government and any

15  city or county government or any branch, political

16  subdivision, or agency of the state, county, or city

17  government.

18         (6)  "Corruptly" means done with a wrongful intent and

19  for the purpose of obtaining or compensating or receiving

20  compensation for any benefit resulting from some act or

21  omission of a public servant which is inconsistent with the

22  proper performance of his or her public duties.

23         Section 5.  Subsection (3) of section 838.015, Florida

24  Statutes, is amended to read:

25         838.015  Bribery.--

26         (3)  Any person who commits bribery commits is guilty

27  of a felony of the second third degree, punishable as provided

28  in s. 775.082, s. 775.083, or s. 775.084.

29         Section 6.  Subsection (4) of section 838.016, Florida

30  Statutes, is amended to read:

31

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  1         838.016  Unlawful compensation or reward for official

  2  behavior.--

  3         (4)  Whoever violates the provisions of this section

  4  commits shall be guilty of a felony of the second third

  5  degree, punishable as provided in s. 775.082, s. 775.083, or

  6  s. 775.084.

  7         Section 7.  Sections 838.022, 838.20, 838.21, and

  8  838.23, Florida Statutes, are created to read:

  9         838.022  Official misconduct.--

10         (1)  It is unlawful for a public servant, with corrupt

11  intent to obtain a benefit for any person or to cause harm to

12  another, to:

13         (a)  Falsify, or cause another person to falsify, any

14  official record or official document;

15         (b)  Conceal, cover up, destroy, mutilate, or alter any

16  official record or official document or cause another person

17  to perform such an act;

18         (c)  Obstruct, delay, or prevent the communication of

19  information relating to the commission of a felony that

20  directly involves or affects the public agency or public

21  entity served by the public servant; or

22         (d)  Refrain from performing a mandatory statutory duty

23  or cause another person to refrain from performing such duty.

24         (2)  For the purposes of this section:

25         (a)  A candidate shall not be included in the term

26  "public servant."

27         (b)  An official record or official document includes

28  only public records.

29         (3)  Any person who violates this section commits a

30  felony of the second degree, punishable as provided in s.

31  775.082, s. 775.083, or s. 775.084.

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  1         838.20  Criminal misuse of official position.--

  2         (1)  It is unlawful for any public officer or public

  3  employee to corruptly use or attempt to use his or her

  4  official position, or any public property or public resource

  5  that is within his or her trust, to:

  6         (a)  Establish any business relationship between the

  7  public officer's or public employee's own agency and any

  8  business entity in which the public officer or public employee

  9  receives or has an expectation of receiving a benefit; or

10         (b)  Perform his or her official duties to secure for

11  himself or herself a benefit that is not generally available

12  to the public.

13         (2)  Any person who violates this section commits a

14  felony of the second degree, punishable as provided in s.

15  775.082, s. 775.083, or s. 775.084.

16         838.21  Disclosure or use of confidential criminal

17  justice information.--It is unlawful for a public servant,

18  with intent to obstruct, impede, or prevent a criminal

19  investigation or a criminal prosecution, to disclose active

20  criminal investigative or intelligence information as defined

21  in chapter 119 or to disclose or use information regarding

22  either the efforts to secure or the issuance of a warrant,

23  subpoena, or other court process or court order relating to a

24  criminal investigation or criminal prosecution when such

25  information is not available to the general public and is

26  gained by reason of the public servant's official position.

27  Any person who violates this section commits a felony of the

28  third degree, punishable as provided in s. 775.082, s.

29  775.083, or s. 775.084.

30         838.23  Bid tampering.--

31         (1)  As used in this section, the term:

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  1         (a)  "Bid" includes a response to an "invitation to

  2  bid" or "request for proposals" as those terms are defined in

  3  s. 287.012.

  4         (b)  "Commodity" means any goods, merchandise, wares,

  5  produce, chose in action, land, article of commerce, or other

  6  tangible or intangible property, real, personal, or mixed, for

  7  use, consumption, production, enjoyment, or resale.

  8         (c)  "Service" means any kind of activity performed in

  9  whole or in part for economic benefit.

10         (2)  It is unlawful for a public servant, with corrupt

11  intent to influence or attempt to influence the competitive

12  bidding process undertaken by any state, county, municipal, or

13  special district agency, or any other public entity, for the

14  procurement of commodities or services, to:

15         (a)  Disclose material information concerning a bid or

16  other aspects of the competitive bidding process when such

17  information is not publicly disclosed.

18         (b)  Establish a bid specification, contract

19  specification, request for proposal, invitation to bid, or

20  other material aspect of the competitive bidding process that

21  provides an unfair competitive advantage to any person who

22  submits a bid.

23         (c)  Alter or amend a submitted bid, documents or other

24  materials supporting a submitted bid, or bid results for the

25  purpose of providing an unfair competitive advantage to any

26  person who submits a bid.

27         (3)  It is unlawful for a public servant, with corrupt

28  intent to obtain a benefit for any person or to cause unlawful

29  harm to another, to circumvent a competitive bidding process

30  required by law or rule by using a sole-source contract for

31  commodities or services.

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  1         (4)  It is unlawful for any person to knowingly agree,

  2  conspire, combine, or confederate, directly or indirectly,

  3  with a public servant to violate subsection (2) or subsection

  4  (3).

  5         (5)  It is unlawful for any person to knowingly enter

  6  into a contract for commodities or services which was secured

  7  by a public servant acting in violation of subsection (2) or

  8  subsection (3).

  9         (6)  Any person who violates this section commits a

10  felony of the second degree, punishable as provided in s.

11  775.082, s. 775.083, or s. 775.084.

12         Section 8.  Section 837.02, Florida Statutes, is

13  amended to read:

14         837.02  Perjury in official proceedings.--

15         (1)  Except as provided in subsections subsection (2)

16  and (3), whoever makes a false statement, which he or she does

17  not believe to be true, under oath in an official proceeding

18  in regard to any material matter, commits a felony of the

19  third degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084.

21         (2)  Whoever makes a false statement, which he or she

22  does not believe to be true, under oath in an official

23  proceeding that relates to the prosecution of a capital

24  felony, commits a felony of the second degree, punishable as

25  provided in s. 775.082, s. 775.083, or s. 775.084.

26         (3)  Any public servant, as defined in s. 838.014, who

27  makes a false statement, which he or she does not believe to

28  be true, under oath in an official proceeding in regard to any

29  material matter that relates to his or her duties or actions

30  as a public servant commits a felony of the second degree,

31

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  1  punishable as provided in s. 775.082, s. 775.083, or s.

  2  775.084.

  3         (4)(3)  Knowledge of the materiality of the statement

  4  is not an element of the crime of perjury under subsection

  5  (1), or subsection (2), or subsection (3) and the defendant's

  6  mistaken belief that the statement was not material is not a

  7  defense.

  8         Section 9.  Paragraphs (a), (f), and (g) of subsection

  9  (3) of section 921.0022, Florida Statutes, are amended to

10  read:

11         921.0022  Criminal Punishment Code; offense severity

12  ranking chart.--

13         (3)  OFFENSE SEVERITY RANKING CHART

14

15  Florida           Felony

16  Statute           Degree             Description

17

18                              (a)  LEVEL 1

19  24.118(3)(a)       3rd      Counterfeit or altered state

20                              lottery ticket.

21  212.054(2)(b)      3rd      Discretionary sales surtax;

22                              limitations, administration, and

23                              collection.

24  212.15(2)(b)       3rd      Failure to remit sales taxes,

25                              amount greater than $300 but less

26                              than $20,000.

27  319.30(5)          3rd      Sell, exchange, give away

28                              certificate of title or

29                              identification number plate.

30  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

31                              odometer.

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  1  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

  2                              registration license plates or

  3                              validation stickers.

  4  322.212(1)         3rd      Possession of forged, stolen,

  5                              counterfeit, or unlawfully issued

  6                              driver's license; possession of

  7                              simulated identification.

  8  322.212(4)         3rd      Supply or aid in supplying

  9                              unauthorized driver's license or

10                              identification card.

11  322.212(5)(a)      3rd      False application for driver's

12                              license or identification card.

13  370.13(3)(a)       3rd      Molest any stone crab trap, line,

14                              or buoy which is property of

15                              licenseholder.

16  370.135(1)         3rd      Molest any blue crab trap, line,

17                              or buoy which is property of

18                              licenseholder.

19  372.663(1)         3rd      Poach any alligator or

20                              crocodilia.

21  414.39(2)          3rd      Unauthorized use, possession,

22                              forgery, or alteration of food

23                              stamps, Medicaid ID, value

24                              greater than $200.

25  414.39(3)(a)       3rd      Fraudulent misappropriation of

26                              public assistance funds by

27                              employee/official, value more

28                              than $200.

29

30

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  1  443.071(1)         3rd      False statement or representation

  2                              to obtain or increase

  3                              unemployment compensation

  4                              benefits.

  5  458.327(1)(a)      3rd      Unlicensed practice of medicine.

  6  466.026(1)(a)      3rd      Unlicensed practice of dentistry

  7                              or dental hygiene.

  8  509.151(1)         3rd      Defraud an innkeeper, food or

  9                              lodging value greater than $300.

10  517.302(1)         3rd      Violation of the Florida

11                              Securities and Investor

12                              Protection Act.

13  562.27(1)          3rd      Possess still or still apparatus.

14  713.69             3rd      Tenant removes property upon

15                              which lien has accrued, value

16                              more than $50.

17  812.014(3)(c)      3rd      Petit theft (3rd conviction);

18                              theft of any property not

19                              specified in subsection (2).

20  812.081(2)         3rd      Unlawfully makes or causes to be

21                              made a reproduction of a trade

22                              secret.

23  815.04(4)(a)       3rd      Offense against intellectual

24                              property (i.e., computer

25                              programs, data).

26  817.52(2)          3rd      Hiring with intent to defraud,

27                              motor vehicle services.

28  826.01             3rd      Bigamy.

29  828.122(3)         3rd      Fighting or baiting animals.

30

31

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  1  831.04(1)          3rd      Any erasure, alteration, etc., of

  2                              any replacement deed, map, plat,

  3                              or other document listed in s.

  4                              92.28.

  5  831.31(1)(a)       3rd      Sell, deliver, or possess

  6                              counterfeit controlled

  7                              substances, all but s. 893.03(5)

  8                              drugs.

  9  832.041(1)         3rd      Stopping payment with intent to

10                              defraud $150 or more.

11  832.05

12   (2)(b)&(4)(c)     3rd      Knowing, making, issuing

13                              worthless checks $150 or more or

14                              obtaining property in return for

15                              worthless check $150 or more.

16  838.015(3)         3rd      Bribery.

17  838.016(1)         3rd      Public servant receiving unlawful

18                              compensation.

19  838.15(2)          3rd      Commercial bribe receiving.

20  838.16             3rd      Commercial bribery.

21  843.18             3rd      Fleeing by boat to elude a law

22                              enforcement officer.

23  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

24                              lewd, etc., material (2nd

25                              conviction).

26  849.01             3rd      Keeping gambling house.

27  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

28                              or assist therein, conduct or

29                              advertise drawing for prizes, or

30                              dispose of property or money by

31                              means of lottery.

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  1  849.23             3rd      Gambling-related machines;

  2                              "common offender" as to property

  3                              rights.

  4  849.25(2)          3rd      Engaging in bookmaking.

  5  860.08             3rd      Interfere with a railroad signal.

  6  860.13(1)(a)       3rd      Operate aircraft while under the

  7                              influence.

  8  893.13(2)(a)2.     3rd      Purchase of cannabis.

  9  893.13(6)(a)       3rd      Possession of cannabis (more than

10                              20 grams).

11  893.13(7)(a)10.    3rd      Affix false or forged label to

12                              package of controlled substance.

13  934.03(1)(a)       3rd      Intercepts, or procures any other

14                              person to intercept, any wire or

15                              oral communication.

16                              (f)  LEVEL 6

17  316.027(1)(b)      2nd      Accident involving death, failure

18                              to stop; leaving scene.

19  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

20                              conviction.

21  775.0875(1)        3rd      Taking firearm from law

22                              enforcement officer.

23  775.21(10)         3rd      Sexual predators; failure to

24                              register; failure to renew

25                              driver's license or

26                              identification card.

27  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

28                              without intent to kill.

29  784.021(1)(b)      3rd      Aggravated assault; intent to

30                              commit felony.

31  784.041            3rd      Felony battery.

                                  19

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  1  784.048(3)         3rd      Aggravated stalking; credible

  2                              threat.

  3  784.048(5)         3rd      Aggravated stalking of person

  4                              under 16.

  5  784.07(2)(c)       2nd      Aggravated assault on law

  6                              enforcement officer.

  7  784.08(2)(b)       2nd      Aggravated assault on a person 65

  8                              years of age or older.

  9  784.081(2)         2nd      Aggravated assault on specified

10                              official or employee.

11  784.082(2)         2nd      Aggravated assault by detained

12                              person on visitor or other

13                              detainee.

14  784.083(2)         2nd      Aggravated assault on code

15                              inspector.

16  787.02(2)          3rd      False imprisonment; restraining

17                              with purpose other than those in

18                              s. 787.01.

19  790.115(2)(d)      2nd      Discharging firearm or weapon on

20                              school property.

21  790.161(2)         2nd      Make, possess, or throw

22                              destructive device with intent to

23                              do bodily harm or damage

24                              property.

25  790.164(1)         2nd      False report of deadly explosive

26                              or act of arson or violence to

27                              state property.

28  790.19             2nd      Shooting or throwing deadly

29                              missiles into dwellings, vessels,

30                              or vehicles.

31

                                  20

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  1  794.011(8)(a)      3rd      Solicitation of minor to

  2                              participate in sexual activity by

  3                              custodial adult.

  4  794.05(1)          2nd      Unlawful sexual activity with

  5                              specified minor.

  6  800.04(5)(d)       3rd      Lewd or lascivious molestation;

  7                              victim 12 years of age or older

  8                              but less than 16 years; offender

  9                              less than 18 years.

10  800.04(6)(b)       2nd      Lewd or lascivious conduct;

11                              offender 18 years of age or

12                              older.

13  806.031(2)         2nd      Arson resulting in great bodily

14                              harm to firefighter or any other

15                              person.

16  810.02(3)(c)       2nd      Burglary of occupied structure;

17                              unarmed; no assault or battery.

18  812.014(2)(b)      2nd      Property stolen $20,000 or more,

19                              but less than $100,000, grand

20                              theft in 2nd degree.

21  812.13(2)(c)       2nd      Robbery, no firearm or other

22                              weapon (strong-arm robbery).

23  817.034(4)(a)1.    1st      Communications fraud, value

24                              greater than $50,000.

25  817.4821(5)        2nd      Possess cloning paraphernalia

26                              with intent to create cloned

27                              cellular telephones.

28  825.102(1)         3rd      Abuse of an elderly person or

29                              disabled adult.

30  825.102(3)(c)      3rd      Neglect of an elderly person or

31                              disabled adult.

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  1  825.1025(3)        3rd      Lewd or lascivious molestation of

  2                              an elderly person or disabled

  3                              adult.

  4  825.103(2)(c)      3rd      Exploiting an elderly person or

  5                              disabled adult and property is

  6                              valued at less than $20,000.

  7  827.03(1)          3rd      Abuse of a child.

  8  827.03(3)(c)       3rd      Neglect of a child.

  9  827.071(2)&(3)     2nd      Use or induce a child in a sexual

10                              performance, or promote or direct

11                              such performance.

12  836.05             2nd      Threats; extortion.

13  836.10             2nd      Written threats to kill or do

14                              bodily injury.

15  838.21             3rd      Disclosure of confidential

16                              criminal justice information.

17  843.12             3rd      Aids or assists person to escape.

18  847.0135(3)        3rd      Solicitation of a child, via a

19                              computer service, to commit an

20                              unlawful sex act.

21  914.23             2nd      Retaliation against a witness,

22                              victim, or informant, with bodily

23                              injury.

24  943.0435(9)        3rd      Sex offenders; failure to comply

25                              with reporting requirements.

26  944.35(3)(a)2.     3rd      Committing malicious battery upon

27                              or inflicting cruel or inhuman

28                              treatment on an inmate or

29                              offender on community

30                              supervision, resulting in great

31                              bodily harm.

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  1  944.40             2nd      Escapes.

  2  944.46             3rd      Harboring, concealing, aiding

  3                              escaped prisoners.

  4  944.47(1)(a)5.     2nd      Introduction of contraband

  5                              (firearm, weapon, or explosive)

  6                              into correctional facility.

  7  951.22(1)          3rd      Intoxicating drug, firearm, or

  8                              weapon introduced into county

  9                              facility.

10                              (g)  LEVEL 7

11  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

12                              injury.

13  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

14                              bodily injury.

15  402.319(2)         2nd      Misrepresentation and negligence

16                              or intentional act resulting in

17                              great bodily harm, permanent

18                              disfiguration, permanent

19                              disability, or death.

20  409.920(2)         3rd      Medicaid provider fraud.

21  494.0018(2)        1st      Conviction of any violation of

22                              ss. 494.001-494.0077 in which the

23                              total money and property

24                              unlawfully obtained exceeded

25                              $50,000 and there were five or

26                              more victims.

27  782.051(3)         2nd      Attempted felony murder of a

28                              person by a person other than the

29                              perpetrator or the perpetrator of

30                              an attempted felony.

31

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  1  782.07(1)          2nd      Killing of a human being by the

  2                              act, procurement, or culpable

  3                              negligence of another

  4                              (manslaughter).

  5  782.071            2nd      Killing of human being or viable

  6                              fetus by the operation of a motor

  7                              vehicle in a reckless manner

  8                              (vehicular homicide).

  9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.07(2)(d)       1st      Aggravated battery on law

23                              enforcement officer.

24  784.08(2)(a)       1st      Aggravated battery on a person 65

25                              years of age or older.

26  784.081(1)         1st      Aggravated battery on specified

27                              official or employee.

28  784.082(1)         1st      Aggravated battery by detained

29                              person on visitor or other

30                              detainee.

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  1  784.083(1)         1st      Aggravated battery on code

  2                              inspector.

  3  790.07(4)          1st      Specified weapons violation

  4                              subsequent to previous conviction

  5                              of s. 790.07(1) or (2).

  6  790.16(1)          1st      Discharge of a machine gun under

  7                              specified circumstances.

  8  796.03             2nd      Procuring any person under 16

  9                              years for prostitution.

10  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

11                              victim less than 12 years of age;

12                              offender less than 18 years.

13  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

14                              victim 12 years of age or older

15                              but less than 16 years; offender

16                              18 years or older.

17  806.01(2)          2nd      Maliciously damage structure by

18                              fire or explosive.

19  810.02(3)(a)       2nd      Burglary of occupied dwelling;

20                              unarmed; no assault or battery.

21  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

22                              unarmed; no assault or battery.

23  810.02(3)(d)       2nd      Burglary of occupied conveyance;

24                              unarmed; no assault or battery.

25  812.014(2)(a)      1st      Property stolen, valued at

26                              $100,000 or more; property stolen

27                              while causing other property

28                              damage; 1st degree grand theft.

29

30

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  1  812.019(2)         1st      Stolen property; initiates,

  2                              organizes, plans, etc., the theft

  3                              of property and traffics in

  4                              stolen property.

  5  812.131(2)(a)      2nd      Robbery by sudden snatching.

  6  812.133(2)(b)      1st      Carjacking; no firearm, deadly

  7                              weapon, or other weapon.

  8  825.102(3)(b)      2nd      Neglecting an elderly person or

  9                              disabled adult causing great

10                              bodily harm, disability, or

11                              disfigurement.

12  825.1025(2)        2nd      Lewd or lascivious battery upon

13                              an elderly person or disabled

14                              adult.

15  825.103(2)(b)      2nd      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at $20,000 or more, but

18                              less than $100,000.

19  827.03(3)(b)       2nd      Neglect of a child causing great

20                              bodily harm, disability, or

21                              disfigurement.

22  827.04(3)          3rd      Impregnation of a child under 16

23                              years of age by person 21 years

24                              of age or older.

25  837.02(3)          2nd      Perjury by a public servant in an

26                              official proceeding.

27  837.05(2)          3rd      Giving false information about

28                              alleged capital felony to a law

29                              enforcement officer.

30  838.015            2nd      Bribery.

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  1  838.016            2nd      Unlawful compensation or reward

  2                              for official behavior.

  3  838.021(3)(a)      2nd      Unlawful harm to a public

  4                              servant.

  5  838.022            2nd      Official misconduct.

  6  838.20             2nd      Criminal misuse of official

  7                              position.

  8  838.23             2nd      Bid tampering.

  9  872.06             2nd      Abuse of a dead human body.

10  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

11                              cocaine (or other drug prohibited

12                              under s. 893.03(1)(a), (1)(b),

13                              (1)(d), (2)(a), or (2)(b)) within

14                              1,000 feet of a child care

15                              facility or school.

16  893.13(1)(e)       1st      Sell, manufacture, or deliver

17                              cocaine or other drug prohibited

18                              under s. 893.03(1)(a), (1)(b),

19                              (1)(d), (2)(a), or (2)(b), within

20                              1,000 feet of property used for

21                              religious services or a specified

22                              business site.

23  893.13(4)(a)       1st      Deliver to minor cocaine (or

24                              other s. 893.03(1)(a), (1)(b),

25                              (1)(d), (2)(a), or (2)(b) drugs).

26  893.135(1)(a)1.    1st      Trafficking in cannabis, more

27                              than 50 lbs., less than 2,000

28                              lbs.

29  893.135

30   (1)(b)1.a.        1st      Trafficking in cocaine, more than

31                              28 grams, less than 200 grams.

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  1  893.135

  2   (1)(c)1.a.        1st      Trafficking in illegal drugs,

  3                              more than 4 grams, less than 14

  4                              grams.

  5  893.135

  6   (1)(d)1.          1st      Trafficking in phencyclidine,

  7                              more than 28 grams, less than 200

  8                              grams.

  9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15  893.135

16   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

17                              grams or more, less than 14

18                              grams.

19         Section 10.  Section 839.25, Florida Statutes, is

20  repealed.

21         Section 11.  This act shall take effect October 1,

22  2000.

23

24

25

26

27

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Authorizes the Office of Statewide Prosecution to
  4    investigate and prosecute violations of ch. 838, F.S.
      Provides a short title. Revises and deletes definitions.
  5    Includes violation of ch. 838, F.S., in definition of
      "public entity crime." Requires the Department of
  6    Management Services to include the names of certain
      persons convicted of public entity crimes to be placed on
  7    the convicted vendor list and provides circumstances for
      removal therefrom. Increases the penalties for bribery
  8    and unlawful compensation or reward for official behavior
      to a second degree felony. Provides penalties for
  9    official misconduct, misuse of official position,
      disclosure or use of confidential criminal justice
10    information by a public servant, and bid tampering.
      Provides a penalty for perjury by a public servant in an
11    official proceeding. Ranks violations of ch. 838, F.S.,
      in the Criminal Punishment Code offense severity ranking
12    chart. Repeals provisions relating to official
      misconduct.
13

14

15

16

17

18

19

20

21

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23

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