Senate Bill 0716
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 716
By Senator Brown-Waite
10-390-00
1 A bill to be entitled
2 An act relating to public assistance; amending
3 s. 414.0252, F.S.; redefining the term "public
4 assistance" to include rental assistance;
5 amending s. 414.39, F.S.; providing for the
6 determination of value in specified public
7 assistance fraud; amending s. 421.101, F.S.;
8 increasing the criminal penalty for false
9 representations in obtaining lower rent in
10 low-rent housing accommodations; providing an
11 effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsection (10) of section 414.0252,
16 Florida Statutes, is amended to read:
17 414.0252 Definitions.--As used in ss. 414.015-414.45,
18 the term:
19 (10) "Public assistance" means benefits paid on the
20 basis of the temporary cash assistance, food stamp, Medicaid,
21 or optional state supplementation program or any low-income
22 housing development or rental assistance program under the
23 United States Housing Act of 1937, as amended, or any housing
24 assistance program under chapter 420.
25 Section 2. Subsection (5) of section 414.39, Florida
26 Statutes, is amended to read:
27 414.39 Fraud.--
28 (5)(a) If the value of the public assistance or
29 identification wrongfully received, retained, misappropriated,
30 sought, or used is less than an aggregate value of $200 in any
31 12 consecutive months, such person commits a misdemeanor of
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 716
10-390-00
1 the first degree, punishable as provided in s. 775.082 or s.
2 775.083.
3 (b) If the value of the public assistance or
4 identification wrongfully received, retained, misappropriated,
5 sought, or used is of an aggregate value of $200 or more in
6 any 12 consecutive months, such person commits a felony of the
7 third degree, punishable as provided in s. 775.082, s.
8 775.083, or s. 775.084.
9 (c) As used in this subsection, the value of rental
10 cost, aid or assistance, or a food stamp authorization benefit
11 is the cash or exchange value unlawfully obtained by the
12 fraudulent act committed in violation of this section.
13 (d) As used in this section, "fraud" includes the
14 introduction of fraudulent records into a computer system, the
15 unauthorized use of computer facilities, the intentional or
16 deliberate alteration or destruction of computerized
17 information or files, and the stealing of financial
18 instruments, data, and other assets.
19 Section 3. Section 421.101, Florida Statutes, is
20 amended to read:
21 421.101 False representations to obtain lower rent in
22 housing accommodations; penalty.--Whoever makes a false
23 statement or representation, knowing it to be false, or
24 knowingly fails to disclose a material fact in order to obtain
25 a lower rent for housing accommodations in a low-rent housing
26 development operated pursuant to this chapter, than the rental
27 such person is required to pay pursuant to federal or state
28 statutes, schedule of rents or rules and regulations as
29 determined and fixed by housing authorities created pursuant
30 to this chapter, commits aforesaid, shall be guilty of a
31 felony misdemeanor of the third second degree, punishable as
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 716
10-390-00
1 provided in s. 775.082, or s. 775.083, or s. 775.084; and each
2 such false statement or representation or failure to disclose
3 a material fact as aforesaid shall constitute a separate
4 offense.
5 Section 4. This act shall take effect July 1, 2000.
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8 SENATE SUMMARY
9 Includes public housing assistance in the definition of
public assistance for the purposes of fraud. Increases
10 the criminal penalty for false representations in
obtaining lower rent in specified housing accommodations.
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