Senate Bill 0716

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    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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    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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    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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