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
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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:
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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,
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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.
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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.
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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
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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.
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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.
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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.
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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.
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