CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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10 ______________________________________________________________
11 Representative(s) Ball offered the following:
12
13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
15
16 and insert in lieu thereof:
17 Section 1. Paragraph (a) of subsection (1) of section
18 16.56, Florida Statutes, is amended to read:
19 16.56 Office of Statewide Prosecution.--
20 (1) There is created in the Department of Legal
21 Affairs an Office of Statewide Prosecution. The office shall
22 be a separate "budget entity" as that term is defined in
23 chapter 216. The office may:
24 (a) Investigate and prosecute the offenses of:
25 1. Bribery, any violation of chapter 838, burglary,
26 criminal usury, extortion, gambling, kidnapping, larceny,
27 murder, prostitution, perjury, robbery, carjacking, and
28 home-invasion robbery;
29 2. Any crime involving narcotic or other dangerous
30 drugs;
31 3. Any violation of the provisions of the Florida RICO
1
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (Racketeer Influenced and Corrupt Organization) Act, including
2 any offense listed in the definition of racketeering activity
3 in s. 895.02(1)(a), providing such listed offense is
4 investigated in connection with a violation of s. 895.03 and
5 is charged in a separate count of an information or indictment
6 containing a count charging a violation of s. 895.03, the
7 prosecution of which listed offense may continue independently
8 if the prosecution of the violation of s. 895.03 is terminated
9 for any reason;
10 4. Any violation of the provisions of the Florida
11 Anti-Fencing Act;
12 5. Any violation of the provisions of the Florida
13 Antitrust Act of 1980, as amended;
14 6. Any crime involving, or resulting in, fraud or
15 deceit upon any person; or
16 7. Any violation of s. 847.0135, relating to computer
17 pornography and child exploitation prevention, or any offense
18 related to a violation of s. 847.0135,
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20 or any attempt, solicitation, or conspiracy to commit any of
21 the crimes specifically enumerated above. The office shall
22 have such power only when any such offense is occurring, or
23 has occurred, in two or more judicial circuits as part of a
24 related transaction, or when any such offense is connected
25 with an organized criminal conspiracy affecting two or more
26 judicial circuits.
27 Section 2. This act may be cited as the "Citizens'
28 Right to Honest Government Act."
29 Section 3. Section 838.014, Florida Statutes, is
30 amended to read:
31 838.014 Definitions.--As used in For the purposes of
2
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 this chapter, the term unless a different meaning plainly is
2 required:
3 (1) "Benefit" means gain or advantage, or anything
4 regarded by the person to be benefited as a gain or advantage,
5 including the doing of an act beneficial to any person in
6 whose welfare he or she is interested, including any
7 commission, gift, gratuity, property, commercial interest, or
8 any other thing of economic value.
9 (2) "Corruptly" or "corrupt intent" means done with
10 knowledge that the act is wrongful.
11 (3) "Harm" means pecuniary or other loss,
12 disadvantage, or injury to the person affected, including
13 loss, disadvantage, or injury to any other person in whose
14 welfare he or she is interested.
15 (4) "Public servant" means:
16 (a) Any officer or employee of a state, county,
17 municipal, or special district agency or entity;
18 (b) Any legislative or judicial officer or employee;
19 (c) Any officer, director, partner, manager,
20 representative, or employee of a nongovernmental entity that
21 is authorized by law or contract to perform a governmental
22 function or provide a governmental service on behalf of a
23 state, county, municipal, or special district agency or
24 entity;
25 (d) Any person who holds an office in a political
26 party or political party committee;
27 (e) Any person, except a witness, who acts as a
28 master, receiver, auditor, juror, arbitrator, umpire, referee,
29 consultant, or hearing officer while performing a governmental
30 function; or
31 (f) A candidate for election or appointment to any of
3
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 the positions listed in this subsection, or an individual who
2 has been elected to, but has yet to officially assume the
3 responsibilities of, public office.
4 (2) "Pecuniary benefit" is benefit in the form of any
5 commission, gift, gratuity, property, commercial interest, or
6 any other thing of economic value.
7 (3) "Harm" means loss, disadvantage, or injury to the
8 person affected, including loss, disadvantage, or injury to
9 any other person in whose welfare he or she is interested.
10 (4) "Public servant" means any public officer, agent,
11 or employee of government, whether elected or appointed,
12 including, but not limited to, any executive, legislative, or
13 judicial officer; any person who holds an office or position
14 in a political party or political party committee, whether
15 elected or appointed; and any person participating as a
16 special master, receiver, auditor, juror, arbitrator, umpire,
17 referee, consultant, administrative law judge, hearing
18 officer, or hearing examiner, or person acting on behalf of
19 any of these, in performing a governmental function; but the
20 term does not include witnesses. Such term shall include a
21 candidate for election or appointment to any such office,
22 including any individual who seeks or intends to occupy any
23 such office. It shall include any person appointed to any of
24 the foregoing offices or employments before and after he or
25 she qualifies.
26 (5) "Government" includes the state government and any
27 city or county government or any branch, political
28 subdivision, or agency of the state, county, or city
29 government.
30 (6) "Corruptly" means done with a wrongful intent and
31 for the purpose of obtaining or compensating or receiving
4
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 compensation for any benefit resulting from some act or
2 omission of a public servant which is inconsistent with the
3 proper performance of his or her public duties.
4 Section 4. Subsection (3) of section 838.015, Florida
5 Statutes, is amended to read:
6 838.015 Bribery.--
7 (3) Any person who commits bribery commits is guilty
8 of a felony of the second third degree, punishable as provided
9 in s. 775.082, s. 775.083, or s. 775.084.
10 Section 5. Subsection (4) of section 838.016, Florida
11 Statutes, is amended to read:
12 838.016 Unlawful compensation or reward for official
13 behavior.--
14 (4) Whoever violates the provisions of this section
15 commits shall be guilty of a felony of the second third
16 degree, punishable as provided in s. 775.082, s. 775.083, or
17 s. 775.084.
18 Section 6. Sections 838.022, 838.20, 838.21, and
19 838.23, Florida Statutes, are created to read:
20 838.022 Official misconduct.--
21 (1) It is unlawful for a public servant, with corrupt
22 intent to obtain a benefit for any person or to cause harm to
23 another, to:
24 (a) Falsify, or cause another person to falsify, any
25 official record or official document;
26 (b) Conceal, cover up, destroy, mutilate, or alter any
27 official record or official document or cause another person
28 to perform such an act;
29 (c) Obstruct, delay, or prevent the communication of
30 information relating to the commission of a felony that
31 directly involves or affects the public agency or public
5
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 entity served by the public servant; or
2 (2) For the purposes of this section:
3 (a) A candidate shall not be included in the term
4 "public servant."
5 (b) An official record or official document includes
6 only public records.
7 (3) Any person who violates this section commits a
8 felony of the second degree, punishable as provided in s.
9 775.082, s. 775.083, or s. 775.084.
10 838.20 Criminal misuse of official position.--
11 (1) It is unlawful for any public officer or public
12 employee to corruptly use or attempt to use his or her
13 official position, or any public property or public resource
14 that is within his or her trust, to:
15 (a) Establish any business relationship between the
16 public officer's or public employee's own agency and any
17 business entity in which the public officer or public employee
18 receives or has an expectation of receiving a benefit; or
19 (b) Perform his or her official duties to secure for
20 himself or herself a benefit that is not generally available
21 to the public.
22 (2) Any person who violates this section commits a
23 felony of the second degree, punishable as provided in s.
24 775.082, s. 775.083, or s. 775.084.
25 838.21 Disclosure or use of confidential criminal
26 justice information.--It is unlawful for a public servant,
27 with intent to obstruct, impede, or prevent a criminal
28 investigation or a criminal prosecution, to disclose active
29 criminal investigative or intelligence information as defined
30 in chapter 119 or to disclose or use information regarding
31 either the efforts to secure or the issuance of a warrant,
6
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 subpoena, or other court process or court order relating to a
2 criminal investigation or criminal prosecution when such
3 information is not available to the general public and is
4 gained by reason of the public servant's official position.
5 Any person who violates this section commits a felony of the
6 third degree, punishable as provided in s. 775.082, s.
7 775.083, or s. 775.084.
8 838.23 Bid tampering.--
9 (1) As used in this section, the term:
10 (a) "Bid" includes a response to an "invitation to
11 bid" or "request for proposals" as those terms are defined in
12 s. 287.012.
13 (b) "Commodity" means any goods, merchandise, wares,
14 produce, chose in action, land, article of commerce, or other
15 tangible or intangible property, real, personal, or mixed, for
16 use, consumption, production, enjoyment, or resale.
17 (c) "Service" means any kind of activity performed in
18 whole or in part for economic benefit.
19 (2) It is unlawful for a public servant, with corrupt
20 intent to influence or attempt to influence the competitive
21 bidding process undertaken by any state, county, municipal, or
22 special district agency, or any other public entity, for the
23 procurement of commodities or services, to:
24 (a) Disclose material information concerning a bid or
25 other aspects of the competitive bidding process when such
26 information is not publicly disclosed.
27 (b) Establish a bid specification, contract
28 specification, request for proposal, invitation to bid, or
29 other material aspect of the competitive bidding process that
30 provides an unfair competitive advantage to any person who
31 submits a bid.
7
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (c) Alter or amend a submitted bid, documents or other
2 materials supporting a submitted bid, or bid results for the
3 purpose of providing an unfair competitive advantage to any
4 person who submits a bid.
5 (3) It is unlawful for a public servant, with corrupt
6 intent to obtain a benefit for any person or to cause unlawful
7 harm to another, to circumvent a competitive bidding process
8 required by law or rule by using a sole-source contract for
9 commodities or services.
10 (4) It is unlawful for any person to knowingly agree,
11 conspire, combine, or confederate, directly or indirectly,
12 with a public servant to violate subsection (2) or subsection
13 (3).
14 (5) It is unlawful for any person to knowingly enter
15 into a contract for commodities or services which was secured
16 by a public servant acting in violation of subsection (2) or
17 subsection (3).
18 (6) Any person who violates this section commits a
19 felony of the second degree, punishable as provided in s.
20 775.082, s. 775.083, or s. 775.084.
21 Section 7. Section 837.02, Florida Statutes, is
22 amended to read:
23 837.02 Perjury in official proceedings.--
24 (1) Except as provided in subsections subsection (2)
25 and (3), whoever makes a false statement, which he or she does
26 not believe to be true, under oath in an official proceeding
27 in regard to any material matter, commits a felony of the
28 third degree, punishable as provided in s. 775.082, s.
29 775.083, or s. 775.084.
30 (2) Whoever makes a false statement, which he or she
31 does not believe to be true, under oath in an official
8
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 proceeding that relates to the prosecution of a capital
2 felony, commits a felony of the second degree, punishable as
3 provided in s. 775.082, s. 775.083, or s. 775.084.
4 (3) Any public servant, as defined in s. 838.014, who
5 makes a false statement, which he or she does not believe to
6 be true, under oath in an official proceeding in regard to any
7 material matter that relates to his or her duties or actions
8 as a public servant commits a felony of the second degree,
9 punishable as provided in s. 775.082, s. 775.083, or s.
10 775.084.
11 (4)(3) Knowledge of the materiality of the statement
12 is not an element of the crime of perjury under subsection
13 (1), or subsection (2), or subsection (3) and the defendant's
14 mistaken belief that the statement was not material is not a
15 defense.
16 Section 8. Section 838.25, Florida Statutes, is
17 created to read:
18 838.25 Status of confidential informants and
19 confidential sources. Any person who provides information
20 regarding suspected criminal violations committed by a public
21 servant as defined in s. 838.014 shall be considered a
22 confidential informant or confidential source pursuant to s.
23 119.07(3)(c).
24 Section 9. Section 838.30, Florida Statutes, is
25 created to read:
26 838.30 Attorney's fees.--If a public servant is
27 arrested or prosecuted for any alleged violation of this
28 chapter and either the criminal charges are dismissed or the
29 public servant is acquitted, the public servant may petition
30 the employing public agency to award attorney's fees for the
31 cost of defending against those charges. The employing public
9
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 agency shall award attorney's fees to the public servant upon
2 a finding that the public servant's actions arose out of or in
3 connection with the performance of his or her official duties
4 and served a public purpose.
5 Section 10. Paragraphs (a), (f), and (g) of subsection
6 (3) of section 921.0022, Florida Statutes, are amended to
7 read:
8 921.0022 Criminal Punishment Code; offense severity
9 ranking chart.--
10 (3) OFFENSE SEVERITY RANKING CHART
11
12 Florida Felony
13 Statute Degree Description
14
15 (a) LEVEL 1
16 24.118(3)(a) 3rd Counterfeit or altered state
17 lottery ticket.
18 212.054(2)(b) 3rd Discretionary sales surtax;
19 limitations, administration, and
20 collection.
21 212.15(2)(b) 3rd Failure to remit sales taxes,
22 amount greater than $300 but less
23 than $20,000.
24 319.30(5) 3rd Sell, exchange, give away
25 certificate of title or
26 identification number plate.
27 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
28 odometer.
29 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
30 registration license plates or
31 validation stickers.
10
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 322.212(1) 3rd Possession of forged, stolen,
2 counterfeit, or unlawfully issued
3 driver's license; possession of
4 simulated identification.
5 322.212(4) 3rd Supply or aid in supplying
6 unauthorized driver's license or
7 identification card.
8 322.212(5)(a) 3rd False application for driver's
9 license or identification card.
10 370.13(3)(a) 3rd Molest any stone crab trap, line,
11 or buoy which is property of
12 licenseholder.
13 370.135(1) 3rd Molest any blue crab trap, line,
14 or buoy which is property of
15 licenseholder.
16 372.663(1) 3rd Poach any alligator or
17 crocodilia.
18 414.39(2) 3rd Unauthorized use, possession,
19 forgery, or alteration of food
20 stamps, Medicaid ID, value
21 greater than $200.
22 414.39(3)(a) 3rd Fraudulent misappropriation of
23 public assistance funds by
24 employee/official, value more
25 than $200.
26 443.071(1) 3rd False statement or representation
27 to obtain or increase
28 unemployment compensation
29 benefits.
30 458.327(1)(a) 3rd Unlicensed practice of medicine.
31
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 466.026(1)(a) 3rd Unlicensed practice of dentistry
2 or dental hygiene.
3 509.151(1) 3rd Defraud an innkeeper, food or
4 lodging value greater than $300.
5 517.302(1) 3rd Violation of the Florida
6 Securities and Investor
7 Protection Act.
8 562.27(1) 3rd Possess still or still apparatus.
9 713.69 3rd Tenant removes property upon
10 which lien has accrued, value
11 more than $50.
12 812.014(3)(c) 3rd Petit theft (3rd conviction);
13 theft of any property not
14 specified in subsection (2).
15 812.081(2) 3rd Unlawfully makes or causes to be
16 made a reproduction of a trade
17 secret.
18 815.04(4)(a) 3rd Offense against intellectual
19 property (i.e., computer
20 programs, data).
21 817.52(2) 3rd Hiring with intent to defraud,
22 motor vehicle services.
23 826.01 3rd Bigamy.
24 828.122(3) 3rd Fighting or baiting animals.
25 831.04(1) 3rd Any erasure, alteration, etc., of
26 any replacement deed, map, plat,
27 or other document listed in s.
28 92.28.
29 831.31(1)(a) 3rd Sell, deliver, or possess
30 counterfeit controlled
31 substances, all but s. 893.03(5)
12
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 drugs.
2 832.041(1) 3rd Stopping payment with intent to
3 defraud $150 or more.
4 832.05
5 (2)(b)&(4)(c) 3rd Knowing, making, issuing
6 worthless checks $150 or more or
7 obtaining property in return for
8 worthless check $150 or more.
9 838.015(3) 3rd Bribery.
10 838.016(1) 3rd Public servant receiving unlawful
11 compensation.
12 838.15(2) 3rd Commercial bribe receiving.
13 838.16 3rd Commercial bribery.
14 843.18 3rd Fleeing by boat to elude a law
15 enforcement officer.
16 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
17 lewd, etc., material (2nd
18 conviction).
19 849.01 3rd Keeping gambling house.
20 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
21 or assist therein, conduct or
22 advertise drawing for prizes, or
23 dispose of property or money by
24 means of lottery.
25 849.23 3rd Gambling-related machines;
26 "common offender" as to property
27 rights.
28 849.25(2) 3rd Engaging in bookmaking.
29 860.08 3rd Interfere with a railroad signal.
30 860.13(1)(a) 3rd Operate aircraft while under the
31 influence.
13
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 893.13(2)(a)2. 3rd Purchase of cannabis.
2 893.13(6)(a) 3rd Possession of cannabis (more than
3 20 grams).
4 893.13(7)(a)10. 3rd Affix false or forged label to
5 package of controlled substance.
6 934.03(1)(a) 3rd Intercepts, or procures any other
7 person to intercept, any wire or
8 oral communication.
9 (f) LEVEL 6
10 316.027(1)(b) 2nd Accident involving death, failure
11 to stop; leaving scene.
12 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
13 conviction.
14 775.0875(1) 3rd Taking firearm from law
15 enforcement officer.
16 775.21(10) 3rd Sexual predators; failure to
17 register; failure to renew
18 driver's license or
19 identification card.
20 784.021(1)(a) 3rd Aggravated assault; deadly weapon
21 without intent to kill.
22 784.021(1)(b) 3rd Aggravated assault; intent to
23 commit felony.
24 784.041 3rd Felony battery.
25 784.048(3) 3rd Aggravated stalking; credible
26 threat.
27 784.048(5) 3rd Aggravated stalking of person
28 under 16.
29 784.07(2)(c) 2nd Aggravated assault on law
30 enforcement officer.
31
14
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 784.08(2)(b) 2nd Aggravated assault on a person 65
2 years of age or older.
3 784.081(2) 2nd Aggravated assault on specified
4 official or employee.
5 784.082(2) 2nd Aggravated assault by detained
6 person on visitor or other
7 detainee.
8 784.083(2) 2nd Aggravated assault on code
9 inspector.
10 787.02(2) 3rd False imprisonment; restraining
11 with purpose other than those in
12 s. 787.01.
13 790.115(2)(d) 2nd Discharging firearm or weapon on
14 school property.
15 790.161(2) 2nd Make, possess, or throw
16 destructive device with intent to
17 do bodily harm or damage
18 property.
19 790.164(1) 2nd False report of deadly explosive
20 or act of arson or violence to
21 state property.
22 790.19 2nd Shooting or throwing deadly
23 missiles into dwellings, vessels,
24 or vehicles.
25 794.011(8)(a) 3rd Solicitation of minor to
26 participate in sexual activity by
27 custodial adult.
28 794.05(1) 2nd Unlawful sexual activity with
29 specified minor.
30 800.04(5)(d) 3rd Lewd or lascivious molestation;
31 victim 12 years of age or older
15
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 but less than 16 years; offender
2 less than 18 years.
3 800.04(6)(b) 2nd Lewd or lascivious conduct;
4 offender 18 years of age or
5 older.
6 806.031(2) 2nd Arson resulting in great bodily
7 harm to firefighter or any other
8 person.
9 810.02(3)(c) 2nd Burglary of occupied structure;
10 unarmed; no assault or battery.
11 812.014(2)(b) 2nd Property stolen $20,000 or more,
12 but less than $100,000, grand
13 theft in 2nd degree.
14 812.13(2)(c) 2nd Robbery, no firearm or other
15 weapon (strong-arm robbery).
16 817.034(4)(a)1. 1st Communications fraud, value
17 greater than $50,000.
18 817.4821(5) 2nd Possess cloning paraphernalia
19 with intent to create cloned
20 cellular telephones.
21 825.102(1) 3rd Abuse of an elderly person or
22 disabled adult.
23 825.102(3)(c) 3rd Neglect of an elderly person or
24 disabled adult.
25 825.1025(3) 3rd Lewd or lascivious molestation of
26 an elderly person or disabled
27 adult.
28 825.103(2)(c) 3rd Exploiting an elderly person or
29 disabled adult and property is
30 valued at less than $20,000.
31 827.03(1) 3rd Abuse of a child.
16
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 827.03(3)(c) 3rd Neglect of a child.
2 827.071(2)&(3) 2nd Use or induce a child in a sexual
3 performance, or promote or direct
4 such performance.
5 836.05 2nd Threats; extortion.
6 836.10 2nd Written threats to kill or do
7 bodily injury.
8 838.21 3rd Disclosure of confidential
9 criminal justice information.
10 843.12 3rd Aids or assists person to escape.
11 847.0135(3) 3rd Solicitation of a child, via a
12 computer service, to commit an
13 unlawful sex act.
14 914.23 2nd Retaliation against a witness,
15 victim, or informant, with bodily
16 injury.
17 943.0435(9) 3rd Sex offenders; failure to comply
18 with reporting requirements.
19 944.35(3)(a)2. 3rd Committing malicious battery upon
20 or inflicting cruel or inhuman
21 treatment on an inmate or
22 offender on community
23 supervision, resulting in great
24 bodily harm.
25 944.40 2nd Escapes.
26 944.46 3rd Harboring, concealing, aiding
27 escaped prisoners.
28 944.47(1)(a)5. 2nd Introduction of contraband
29 (firearm, weapon, or explosive)
30 into correctional facility.
31
17
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 951.22(1) 3rd Intoxicating drug, firearm, or
2 weapon introduced into county
3 facility.
4 (g) LEVEL 7
5 316.193(3)(c)2. 3rd DUI resulting in serious bodily
6 injury.
7 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
8 bodily injury.
9 402.319(2) 2nd Misrepresentation and negligence
10 or intentional act resulting in
11 great bodily harm, permanent
12 disfiguration, permanent
13 disability, or death.
14 409.920(2) 3rd Medicaid provider fraud.
15 494.0018(2) 1st Conviction of any violation of
16 ss. 494.001-494.0077 in which the
17 total money and property
18 unlawfully obtained exceeded
19 $50,000 and there were five or
20 more victims.
21 782.051(3) 2nd Attempted felony murder of a
22 person by a person other than the
23 perpetrator or the perpetrator of
24 an attempted felony.
25 782.07(1) 2nd Killing of a human being by the
26 act, procurement, or culpable
27 negligence of another
28 (manslaughter).
29 782.071 2nd Killing of human being or viable
30 fetus by the operation of a motor
31 vehicle in a reckless manner
18
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (vehicular homicide).
2 782.072 2nd Killing of a human being by the
3 operation of a vessel in a
4 reckless manner (vessel
5 homicide).
6 784.045(1)(a)1. 2nd Aggravated battery; intentionally
7 causing great bodily harm or
8 disfigurement.
9 784.045(1)(a)2. 2nd Aggravated battery; using deadly
10 weapon.
11 784.045(1)(b) 2nd Aggravated battery; perpetrator
12 aware victim pregnant.
13 784.048(4) 3rd Aggravated stalking; violation of
14 injunction or court order.
15 784.07(2)(d) 1st Aggravated battery on law
16 enforcement officer.
17 784.08(2)(a) 1st Aggravated battery on a person 65
18 years of age or older.
19 784.081(1) 1st Aggravated battery on specified
20 official or employee.
21 784.082(1) 1st Aggravated battery by detained
22 person on visitor or other
23 detainee.
24 784.083(1) 1st Aggravated battery on code
25 inspector.
26 790.07(4) 1st Specified weapons violation
27 subsequent to previous conviction
28 of s. 790.07(1) or (2).
29 790.16(1) 1st Discharge of a machine gun under
30 specified circumstances.
31
19
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 796.03 2nd Procuring any person under 16
2 years for prostitution.
3 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
4 victim less than 12 years of age;
5 offender less than 18 years.
6 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
7 victim 12 years of age or older
8 but less than 16 years; offender
9 18 years or older.
10 806.01(2) 2nd Maliciously damage structure by
11 fire or explosive.
12 810.02(3)(a) 2nd Burglary of occupied dwelling;
13 unarmed; no assault or battery.
14 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
15 unarmed; no assault or battery.
16 810.02(3)(d) 2nd Burglary of occupied conveyance;
17 unarmed; no assault or battery.
18 812.014(2)(a) 1st Property stolen, valued at
19 $100,000 or more; property stolen
20 while causing other property
21 damage; 1st degree grand theft.
22 812.019(2) 1st Stolen property; initiates,
23 organizes, plans, etc., the theft
24 of property and traffics in
25 stolen property.
26 812.131(2)(a) 2nd Robbery by sudden snatching.
27 812.133(2)(b) 1st Carjacking; no firearm, deadly
28 weapon, or other weapon.
29 825.102(3)(b) 2nd Neglecting an elderly person or
30 disabled adult causing great
31 bodily harm, disability, or
20
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 disfigurement.
2 825.1025(2) 2nd Lewd or lascivious battery upon
3 an elderly person or disabled
4 adult.
5 825.103(2)(b) 2nd Exploiting an elderly person or
6 disabled adult and property is
7 valued at $20,000 or more, but
8 less than $100,000.
9 827.03(3)(b) 2nd Neglect of a child causing great
10 bodily harm, disability, or
11 disfigurement.
12 827.04(3) 3rd Impregnation of a child under 16
13 years of age by person 21 years
14 of age or older.
15 837.02(3) 2nd Perjury by a public servant in an
16 official proceeding.
17 837.05(2) 3rd Giving false information about
18 alleged capital felony to a law
19 enforcement officer.
20 838.015 2nd Bribery.
21 838.016 2nd Unlawful compensation or reward
22 for official behavior.
23 838.021(3)(a) 2nd Unlawful harm to a public
24 servant.
25 838.022 2nd Official misconduct.
26 838.20 2nd Criminal misuse of official
27 position.
28 838.23 2nd Bid tampering.
29 872.06 2nd Abuse of a dead human body.
30 893.13(1)(c)1. 1st Sell, manufacture, or deliver
31 cocaine (or other drug prohibited
21
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hcp0004 03:39 pm 00946-0029-790079
HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 under s. 893.03(1)(a), (1)(b),
2 (1)(d), (2)(a), or (2)(b)) within
3 1,000 feet of a child care
4 facility or school.
5 893.13(1)(e) 1st Sell, manufacture, or deliver
6 cocaine or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), or (2)(b), within
9 1,000 feet of property used for
10 religious services or a specified
11 business site.
12 893.13(4)(a) 1st Deliver to minor cocaine (or
13 other s. 893.03(1)(a), (1)(b),
14 (1)(d), (2)(a), or (2)(b) drugs).
15 893.135(1)(a)1. 1st Trafficking in cannabis, more
16 than 50 lbs., less than 2,000
17 lbs.
18 893.135
19 (1)(b)1.a. 1st Trafficking in cocaine, more than
20 28 grams, less than 200 grams.
21 893.135
22 (1)(c)1.a. 1st Trafficking in illegal drugs,
23 more than 4 grams, less than 14
24 grams.
25 893.135
26 (1)(d)1. 1st Trafficking in phencyclidine,
27 more than 28 grams, less than 200
28 grams.
29 893.135(1)(e)1. 1st Trafficking in methaqualone, more
30 than 200 grams, less than 5
31 kilograms.
22
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HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 Section 11. Sections 838.15, 838.16 and 839.25,
9 Florida Statutes, are repealed.
10 Section 12. This act shall take effect October 1,
11 2000.
12
13
14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 On page 1,
17 remove from the title of the bill: entire title
18
19 and insert in lieu thereof:
20 An act relating to offenses by public servants;
21 amending s. 16.56, F.S.; authorizing the Office
22 of Statewide Prosecution to prosecute
23 violations of ch. 838, F.S.; providing a short
24 title; amending s. 838.014, F.S.; redefining
25 the terms "benefit," "corruptly," "harm," and
26 "public servant"; deleting definitions;
27 amending ss. 838.015 and 838.016, F.S.;
28 increasing penalties; creating ss. 838.022,
29 838.20, 838.21, and 838.23, F.S.; providing
30 criminal penalties for official misconduct,
31 criminal misuse of official position,
23
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hcp0004 03:39 pm 00946-0029-790079
HOUSE AMENDMENT
Bill No. CS for SB 946, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 disclosure or use of confidential criminal
2 justice information, and bid tampering;
3 amending s. 837.02, F.S.; providing a criminal
4 penalty for perjury in an official proceeding
5 by a public servant; creating s. 838.25, F.S.;
6 providing status of confidential informants or
7 confidential sources; creating s. 838.30, F.S.;
8 authorizing public servants who are subjected
9 to an investigation for official misconduct to
10 recover attorney's fees; amending s. 921.0022,
11 F.S.; deleting specified felonies from and
12 adding specified felonies to the Criminal
13 Punishment Code; repealing s.838.15, F.S.,
14 relating to commercial bribe receiving;
15 repealing s.838.16, F.S., relating to
16 commercial bribery; repealing s. 839.25, F.S.,
17 relating to official misconduct; providing an
18 effective date.
19
20
21
22
23
24
25
26
27
28
29
30
31
24
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