House Bill hb0003

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    Florida House of Representatives - 2001                   HB 3

        By Representative Ball






  1                      A bill to be entitled

  2         An act relating to offenses by public servants;

  3         creating the "Citizens' Right to Honest

  4         Government Act"; amending s. 16.56, F.S.;

  5         authorizing the Office of Statewide Prosecution

  6         to prosecute violations of ch. 838, F.S.;

  7         amending s. 838.014, F.S.; revising, providing,

  8         and deleting definitions; amending ss. 838.015

  9         and 838.016, F.S.; increasing penalties;

10         creating ss. 838.022, 838.20, 838.21, 838.22,

11         838.23, and 838.24, F.S.; providing criminal

12         penalties for official misconduct, criminal

13         misuse of official position, disclosure or use

14         of confidential criminal justice information,

15         and bid tampering; providing status of

16         confidential informants or confidential

17         sources; authorizing public servants who are

18         subjected to an investigation for official

19         misconduct to recover attorney's fees; amending

20         s. 837.02, F.S.; providing a criminal penalty

21         for perjury in an official proceeding by a

22         public servant; amending s. 921.0022, F.S.;

23         deleting specified felonies from and adding

24         specified felonies to the Criminal Punishment

25         Code offense severity ranking chart; repealing

26         s. 838.15, F.S., relating to commercial bribe

27         receiving; repealing s. 838.16, F.S., relating

28         to commercial bribery; amending ss. 112.3173

29         and 121.091, F.S.; deleting cross references,

30         to conform; providing an effective date.

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

  2

  3         Section 1.  This act may be cited as the "Citizens'

  4  Right to Honest Government Act."

  5         Section 2.  Paragraph (a) of subsection (1) of section

  6  16.56, Florida Statutes, is amended to read:

  7         16.56  Office of Statewide Prosecution.--

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

  9  Affairs an Office of Statewide Prosecution.  The office shall

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

11  chapter 216.  The office may:

12         (a)  Investigate and prosecute the offenses of:

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

14  criminal usury, extortion, gambling, kidnapping, larceny,

15  murder, prostitution, perjury, robbery, carjacking, and

16  home-invasion robbery;

17         2.  Any crime involving narcotic or other dangerous

18  drugs;

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

20  (Racketeer Influenced and Corrupt Organization) Act, including

21  any offense listed in the definition of racketeering activity

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

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

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

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

26  prosecution of which listed offense may continue independently

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

28  for any reason;

29         4.  Any violation of the provisions of the Florida

30  Anti-Fencing Act;

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  1         5.  Any violation of the provisions of the Florida

  2  Antitrust Act of 1980, as amended;

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

  4  deceit upon any person; or

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

  6  pornography and child exploitation prevention, or any offense

  7  related to a violation of s. 847.0135,

  8

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

10  the crimes specifically enumerated above.  The office shall

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

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

13  related transaction, or when any such offense is connected

14  with an organized criminal conspiracy affecting two or more

15  judicial circuits.

16         Section 3.  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 "with corrupt intent" means done

28  with 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 4.  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 5.  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 6.  Sections 838.022, 838.20, 838.21, 838.22,

  8  838.23, and 838.24, 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; or

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.

22         (2)  For the purposes of this section:

23         (a)  The term "public servant" shall not include a

24  candidate who does not otherwise qualify as a public servant.

25         (b)  An official record or official document includes

26  only public records.

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

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

29  775.082, s. 775.083, or s. 775.084.

30         838.20  Criminal misuse of official position.--

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

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

  3  official position, or any public property or public resource

  4  that is within his or her trust, to:

  5         (a)  Establish any business relationship between the

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

  7  business entity in which the public officer or public employee

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

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

10  himself or herself a benefit that is not generally available

11  to the public.

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

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

14  775.082, s. 775.083, or s. 775.084.

15         838.21  Disclosure or use of confidential criminal

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

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

18  investigation or a criminal prosecution, to disclose active

19  criminal investigative or intelligence information as defined

20  in chapter 119 or to disclose or use information regarding

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

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

23  criminal investigation or criminal prosecution when such

24  information is not available to the general public and is

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

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

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

28  775.083, or s. 775.084.

29         838.22  Bid tampering.--

30         (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         838.23  Status of confidential informants and

13  confidential sources.--A person who provides information

14  regarding suspected criminal violations committed by a public

15  servant as defined in s. 838.014 shall be considered a

16  confidential informant or confidential source pursuant to s.

17  119.07(3)(c).

18         838.24  Attorney's fees.--If a public servant is

19  arrested or prosecuted for an alleged violation of this

20  chapter and either the criminal charges are dismissed or the

21  public servant is acquitted, the public servant may petition

22  the employing public agency to award attorney's fees for the

23  costs incurred by the public servant in defending against

24  those charges. The employing public agency shall award

25  attorney's fees to the public servant upon a finding that the

26  public servant's actions arose out of or in connection with

27  the performance of his or her official duties and served a

28  public purpose.

29         Section 7.  Section 837.02, Florida Statutes, is

30  amended to read:

31         837.02  Perjury in official proceedings.--

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

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

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

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

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

  6  775.083, or s. 775.084.

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

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

  9  proceeding that relates to the prosecution of a capital

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

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

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

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

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

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

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

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

18  775.084.

19         (4)(3)  Knowledge of the materiality of the statement

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

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

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

23  defense.

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

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

26  read:

27         921.0022  Criminal Punishment Code; offense severity

28  ranking chart.--

29         (3)  OFFENSE SEVERITY RANKING CHART

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  1  Florida           Felony

  2  Statute           Degree             Description

  3

  4                              (a)  LEVEL 1

  5  24.118(3)(a)       3rd      Counterfeit or altered state

  6                              lottery ticket.

  7  212.054(2)(b)      3rd      Discretionary sales surtax;

  8                              limitations, administration, and

  9                              collection.

10  212.15(2)(b)       3rd      Failure to remit sales taxes,

11                              amount greater than $300 but less

12                              than $20,000.

13  319.30(5)          3rd      Sell, exchange, give away

14                              certificate of title or

15                              identification number plate.

16  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

17                              odometer.

18  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

19                              registration license plates or

20                              validation stickers.

21  322.212(1)         3rd      Possession of forged, stolen,

22                              counterfeit, or unlawfully issued

23                              driver's license; possession of

24                              simulated identification.

25  322.212(4)         3rd      Supply or aid in supplying

26                              unauthorized driver's license or

27                              identification card.

28  322.212(5)(a)      3rd      False application for driver's

29                              license or identification card.

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  1  370.13(3)(a)       3rd      Molest any stone crab trap, line,

  2                              or buoy which is property of

  3                              licenseholder.

  4  370.135(1)         3rd      Molest any blue crab trap, line,

  5                              or buoy which is property of

  6                              licenseholder.

  7  372.663(1)         3rd      Poach any alligator or

  8                              crocodilia.

  9  414.39(2)          3rd      Unauthorized use, possession,

10                              forgery, or alteration of food

11                              stamps, Medicaid ID, value

12                              greater than $200.

13  414.39(3)(a)       3rd      Fraudulent misappropriation of

14                              public assistance funds by

15                              employee/official, value more

16                              than $200.

17  443.071(1)         3rd      False statement or representation

18                              to obtain or increase

19                              unemployment compensation

20                              benefits.

21  509.151(1)         3rd      Defraud an innkeeper, food or

22                              lodging value greater than $300.

23  517.302(1)         3rd      Violation of the Florida

24                              Securities and Investor

25                              Protection Act.

26  562.27(1)          3rd      Possess still or still apparatus.

27  713.69             3rd      Tenant removes property upon

28                              which lien has accrued, value

29                              more than $50.

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  1  812.014(3)(c)      3rd      Petit theft (3rd conviction);

  2                              theft of any property not

  3                              specified in subsection (2).

  4  812.081(2)         3rd      Unlawfully makes or causes to be

  5                              made a reproduction of a trade

  6                              secret.

  7  815.04(4)(a)       3rd      Offense against intellectual

  8                              property (i.e., computer

  9                              programs, data).

10  817.52(2)          3rd      Hiring with intent to defraud,

11                              motor vehicle services.

12  826.01             3rd      Bigamy.

13  828.122(3)         3rd      Fighting or baiting animals.

14  831.04(1)          3rd      Any erasure, alteration, etc., of

15                              any replacement deed, map, plat,

16                              or other document listed in s.

17                              92.28.

18  831.31(1)(a)       3rd      Sell, deliver, or possess

19                              counterfeit controlled

20                              substances, all but s. 893.03(5)

21                              drugs.

22  832.041(1)         3rd      Stopping payment with intent to

23                              defraud $150 or more.

24  832.05

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

26                              worthless checks $150 or more or

27                              obtaining property in return for

28                              worthless check $150 or more.

29  838.015(3)         3rd      Bribery.

30  838.016(1)         3rd      Public servant receiving unlawful

31                              compensation.

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  1  838.15(2)          3rd      Commercial bribe receiving.

  2  838.16             3rd      Commercial bribery.

  3  843.18             3rd      Fleeing by boat to elude a law

  4                              enforcement officer.

  5  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

  6                              lewd, etc., material (2nd

  7                              conviction).

  8  849.01             3rd      Keeping gambling house.

  9  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

10                              or assist therein, conduct or

11                              advertise drawing for prizes, or

12                              dispose of property or money by

13                              means of lottery.

14  849.23             3rd      Gambling-related machines;

15                              "common offender" as to property

16                              rights.

17  849.25(2)          3rd      Engaging in bookmaking.

18  860.08             3rd      Interfere with a railroad signal.

19  860.13(1)(a)       3rd      Operate aircraft while under the

20                              influence.

21  893.13(2)(a)2.     3rd      Purchase of cannabis.

22  893.13(6)(a)       3rd      Possession of cannabis (more than

23                              20 grams).

24  893.13(7)(a)10.    3rd      Affix false or forged label to

25                              package of controlled substance.

26  934.03(1)(a)       3rd      Intercepts, or procures any other

27                              person to intercept, any wire or

28                              oral communication.

29                              (f)  LEVEL 6

30  316.027(1)(b)      2nd      Accident involving death, failure

31                              to stop; leaving scene.

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  1  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

  2                              conviction.

  3  775.0875(1)        3rd      Taking firearm from law

  4                              enforcement officer.

  5  775.21(10)         3rd      Sexual predators; failure to

  6                              register; failure to renew

  7                              driver's license or

  8                              identification card.

  9  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

10                              without intent to kill.

11  784.021(1)(b)      3rd      Aggravated assault; intent to

12                              commit felony.

13  784.041            3rd      Felony battery.

14  784.048(3)         3rd      Aggravated stalking; credible

15                              threat.

16  784.048(5)         3rd      Aggravated stalking of person

17                              under 16.

18  784.07(2)(c)       2nd      Aggravated assault on law

19                              enforcement officer.

20  784.08(2)(b)       2nd      Aggravated assault on a person 65

21                              years of age or older.

22  784.081(2)         2nd      Aggravated assault on specified

23                              official or employee.

24  784.082(2)         2nd      Aggravated assault by detained

25                              person on visitor or other

26                              detainee.

27  784.083(2)         2nd      Aggravated assault on code

28                              inspector.

29  787.02(2)          3rd      False imprisonment; restraining

30                              with purpose other than those in

31                              s. 787.01.

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  1  790.115(2)(d)      2nd      Discharging firearm or weapon on

  2                              school property.

  3  790.161(2)         2nd      Make, possess, or throw

  4                              destructive device with intent to

  5                              do bodily harm or damage

  6                              property.

  7  790.164(1)         2nd      False report of deadly explosive

  8                              or act of arson or violence to

  9                              state property.

10  790.19             2nd      Shooting or throwing deadly

11                              missiles into dwellings, vessels,

12                              or vehicles.

13  794.011(8)(a)      3rd      Solicitation of minor to

14                              participate in sexual activity by

15                              custodial adult.

16  794.05(1)          2nd      Unlawful sexual activity with

17                              specified minor.

18  800.04(5)(d)       3rd      Lewd or lascivious molestation;

19                              victim 12 years of age or older

20                              but less than 16 years; offender

21                              less than 18 years.

22  800.04(6)(b)       2nd      Lewd or lascivious conduct;

23                              offender 18 years of age or

24                              older.

25  806.031(2)         2nd      Arson resulting in great bodily

26                              harm to firefighter or any other

27                              person.

28  810.02(3)(c)       2nd      Burglary of occupied structure;

29                              unarmed; no assault or battery.

30

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  1  812.014(2)(b)      2nd      Property stolen $20,000 or more,

  2                              but less than $100,000, grand

  3                              theft in 2nd degree.

  4  812.13(2)(c)       2nd      Robbery, no firearm or other

  5                              weapon (strong-arm robbery).

  6  817.034(4)(a)1.    1st      Communications fraud, value

  7                              greater than $50,000.

  8  817.4821(5)        2nd      Possess cloning paraphernalia

  9                              with intent to create cloned

10                              cellular telephones.

11  825.102(1)         3rd      Abuse of an elderly person or

12                              disabled adult.

13  825.102(3)(c)      3rd      Neglect of an elderly person or

14                              disabled adult.

15  825.1025(3)        3rd      Lewd or lascivious molestation of

16                              an elderly person or disabled

17                              adult.

18  825.103(2)(c)      3rd      Exploiting an elderly person or

19                              disabled adult and property is

20                              valued at less than $20,000.

21  827.03(1)          3rd      Abuse of a child.

22  827.03(3)(c)       3rd      Neglect of a child.

23  827.071(2)&(3)     2nd      Use or induce a child in a sexual

24                              performance, or promote or direct

25                              such performance.

26  836.05             2nd      Threats; extortion.

27  836.10             2nd      Written threats to kill or do

28                              bodily injury.

29  838.21             3rd      Disclosure or use of confidential

30                              criminal justice information.

31  843.12             3rd      Aids or assists person to escape.

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  1  847.0135(3)        3rd      Solicitation of a child, via a

  2                              computer service, to commit an

  3                              unlawful sex act.

  4  914.23             2nd      Retaliation against a witness,

  5                              victim, or informant, with bodily

  6                              injury.

  7  943.0435(9)        3rd      Sex offenders; failure to comply

  8                              with reporting requirements.

  9  944.35(3)(a)2.     3rd      Committing malicious battery upon

10                              or inflicting cruel or inhuman

11                              treatment on an inmate or

12                              offender on community

13                              supervision, resulting in great

14                              bodily harm.

15  944.40             2nd      Escapes.

16  944.46             3rd      Harboring, concealing, aiding

17                              escaped prisoners.

18  944.47(1)(a)5.     2nd      Introduction of contraband

19                              (firearm, weapon, or explosive)

20                              into correctional facility.

21  951.22(1)          3rd      Intoxicating drug, firearm, or

22                              weapon introduced into county

23                              facility.

24                              (g)  LEVEL 7

25  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

26                              injury.

27  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

28                              bodily injury.

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  1  402.319(2)         2nd      Misrepresentation and negligence

  2                              or intentional act resulting in

  3                              great bodily harm, permanent

  4                              disfiguration, permanent

  5                              disability, or death.

  6  409.920(2)         3rd      Medicaid provider fraud.

  7  456.065(2)         3rd      Practicing a health care

  8                              profession without a license.

  9  456.065(2)         2nd      Practicing a health care

10                              profession without a license

11                              which results in serious bodily

12                              injury.

13  458.327(1)         3rd      Practicing medicine without a

14                              license.

15  459.013(1)         3rd      Practicing osteopathic medicine

16                              without a license.

17  460.411(1)         3rd      Practicing chiropractic medicine

18                              without a license.

19  461.012(1)         3rd      Practicing podiatric medicine

20                              without a license.

21  462.17             3rd      Practicing naturopathy without a

22                              license.

23  463.015(1)         3rd      Practicing optometry without a

24                              license.

25  464.016(1)         3rd      Practicing nursing without a

26                              license.

27  465.015(2)         3rd      Practicing pharmacy without a

28                              license.

29  466.026(1)         3rd      Practicing dentistry or dental

30                              hygiene without a license.

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  1  467.201            3rd      Practicing midwifery without a

  2                              license.

  3  468.366            3rd      Delivering respiratory care

  4                              services without a license.

  5  483.828(1)         3rd      Practicing as clinical laboratory

  6                              personnel without a license.

  7  483.901(9)         3rd      Practicing medical physics

  8                              without a license.

  9  484.053            3rd      Dispensing hearing aids without a

10                              license.

11  494.0018(2)        1st      Conviction of any violation of

12                              ss. 494.001-494.0077 in which the

13                              total money and property

14                              unlawfully obtained exceeded

15                              $50,000 and there were five or

16                              more victims.

17  560.123(8)(b)1.    3rd      Failure to report currency or

18                              payment instruments exceeding

19                              $300 but less than $20,000 by

20                              money transmitter.

21  560.125(5)(a)      3rd      Money transmitter business by

22                              unauthorized person, currency or

23                              payment instruments exceeding

24                              $300 but less than $20,000.

25  655.50(10)(b)1.    3rd      Failure to report financial

26                              transactions exceeding $300 but

27                              less than $20,000 by financial

28                              institution.

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  1  782.051(3)         2nd      Attempted felony murder of a

  2                              person by a person other than the

  3                              perpetrator or the perpetrator of

  4                              an attempted felony.

  5  782.07(1)          2nd      Killing of a human being by the

  6                              act, procurement, or culpable

  7                              negligence of another

  8                              (manslaughter).

  9  782.071            2nd      Killing of human being or viable

10                              fetus by the operation of a motor

11                              vehicle in a reckless manner

12                              (vehicular homicide).

13  782.072            2nd      Killing of a human being by the

14                              operation of a vessel in a

15                              reckless manner (vessel

16                              homicide).

17  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

18                              causing great bodily harm or

19                              disfigurement.

20  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

21                              weapon.

22  784.045(1)(b)      2nd      Aggravated battery; perpetrator

23                              aware victim pregnant.

24  784.048(4)         3rd      Aggravated stalking; violation of

25                              injunction or court order.

26  784.07(2)(d)       1st      Aggravated battery on law

27                              enforcement officer.

28  784.08(2)(a)       1st      Aggravated battery on a person 65

29                              years of age or older.

30  784.081(1)         1st      Aggravated battery on specified

31                              official or employee.

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  1  784.082(1)         1st      Aggravated battery by detained

  2                              person on visitor or other

  3                              detainee.

  4  784.083(1)         1st      Aggravated battery on code

  5                              inspector.

  6  790.07(4)          1st      Specified weapons violation

  7                              subsequent to previous conviction

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

  9  790.16(1)          1st      Discharge of a machine gun under

10                              specified circumstances.

11  790.166(3)         2nd      Possessing, selling, using, or

12                              attempting to use a hoax weapon

13                              of mass destruction.

14  796.03             2nd      Procuring any person under 16

15                              years for prostitution.

16  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

17                              victim less than 12 years of age;

18                              offender less than 18 years.

19  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

20                              victim 12 years of age or older

21                              but less than 16 years; offender

22                              18 years or older.

23  806.01(2)          2nd      Maliciously damage structure by

24                              fire or explosive.

25  810.02(3)(a)       2nd      Burglary of occupied dwelling;

26                              unarmed; no assault or battery.

27  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

28                              unarmed; no assault or battery.

29  810.02(3)(d)       2nd      Burglary of occupied conveyance;

30                              unarmed; no assault or battery.

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

  2                              $100,000 or more; property stolen

  3                              while causing other property

  4                              damage; 1st degree grand theft.

  5  812.019(2)         1st      Stolen property; initiates,

  6                              organizes, plans, etc., the theft

  7                              of property and traffics in

  8                              stolen property.

  9  812.131(2)(a)      2nd      Robbery by sudden snatching.

10  812.133(2)(b)      1st      Carjacking; no firearm, deadly

11                              weapon, or other weapon.

12  825.102(3)(b)      2nd      Neglecting an elderly person or

13                              disabled adult causing great

14                              bodily harm, disability, or

15                              disfigurement.

16  825.1025(2)        2nd      Lewd or lascivious battery upon

17                              an elderly person or disabled

18                              adult.

19  825.103(2)(b)      2nd      Exploiting an elderly person or

20                              disabled adult and property is

21                              valued at $20,000 or more, but

22                              less than $100,000.

23  827.03(3)(b)       2nd      Neglect of a child causing great

24                              bodily harm, disability, or

25                              disfigurement.

26  827.04(3)          3rd      Impregnation of a child under 16

27                              years of age by person 21 years

28                              of age or older.

29  837.02(3)          2nd      Perjury by a public servant in an

30                              official proceeding.

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  1  837.05(2)          3rd      Giving false information about

  2                              alleged capital felony to a law

  3                              enforcement officer.

  4  838.015            2nd      Bribery.

  5  838.016            2nd      Unlawful compensation or reward

  6                              for official behavior.

  7  838.021(3)(a)      2nd      Unlawful harm to a public

  8                              servant.

  9  838.022            2nd      Official misconduct.

10  838.20             2nd      Criminal misuse of official

11                              position.

12  838.22             2nd      Bid tampering.

13  872.06             2nd      Abuse of a dead human body.

14  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

15                              cocaine (or other drug prohibited

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

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4.) within 1,000 feet of a

19                              child care facility or school.

20  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

21                              cocaine or other drug prohibited

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

23                              (1)(d), (2)(a), (2)(b), or

24                              (2)(c)4., within 1,000 feet of

25                              property used for religious

26                              services or a specified business

27                              site.

28  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

30                              (1)(d), (2)(a), (2)(b), or

31                              (2)(c)4. drugs).

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

  2                              than 50 lbs., less than 2,000

  3                              lbs.

  4  893.135

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

  6                              28 grams, less than 200 grams.

  7  893.135

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

  9                              more than 4 grams, less than 14

10                              grams.

11  893.135

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

13                              more than 28 grams, less than 200

14                              grams.

15  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

16                              than 200 grams, less than 5

17                              kilograms.

18  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

19                              than 14 grams, less than 28

20                              grams.

21  893.135

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

23                              grams or more, less than 14

24                              grams.

25  893.135

26   (1)(h)1.a.        1st      Trafficking in

27                              gamma-hydroxybutyric acid (GHB),

28                              1 kilogram or more, less than 5

29                              kilograms.

30

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  1  893.135

  2   (1)(i)1.a.        1st      Trafficking in 1,4-Butanediol, 1

  3                              kilogram or more, less then 5

  4                              kilograms.

  5  893.135

  6   (1)(j)2.a.        1st      Trafficking in Phenethylamines,

  7                              10 grams or more, less than 200

  8                              grams.

  9  896.101(5)(a)      3rd      Money laundering, financial

10                              transactions exceeding $300 but

11                              less than $20,000.

12  896.104(4)(a)1.    3rd      Structuring transactions to evade

13                              reporting or registration

14                              requirements, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17         Section 9.  Sections 838.15 and 838.16, Florida

18  Statutes, are repealed.

19         Section 10.  Paragraph (e) of subsection (2) of section

20  112.3173, Florida Statutes, is amended to read:

21         112.3173  Felonies involving breach of public trust and

22  other specified offenses by public officers and employees;

23  forfeiture of retirement benefits.--

24         (2)  DEFINITIONS.--As used in this section, unless the

25  context otherwise requires, the term:

26         (e)  "Specified offense" means:

27         1.  The committing, aiding, or abetting of an

28  embezzlement of public funds;

29         2.  The committing, aiding, or abetting of any theft by

30  a public officer or employee from his or her employer;

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  1         3.  Bribery in connection with the employment of a

  2  public officer or employee;

  3         4.  Any felony specified in chapter 838, except ss.

  4  838.15 and 838.16;

  5         5.  The committing of an impeachable offense; or

  6         6.  The committing of any felony by a public officer or

  7  employee who, willfully and with intent to defraud the public

  8  or the public agency for which the public officer or employee

  9  acts or in which he or she is employed of the right to receive

10  the faithful performance of his or her duty as a public

11  officer or employee, realizes or obtains, or attempts to

12  realize or obtain, a profit, gain, or advantage for himself or

13  herself or for some other person through the use or attempted

14  use of the power, rights, privileges, duties, or position of

15  his or her public office or employment position.

16         Section 11.  Paragraph (f) of subsection (5) of section

17  121.091, Florida Statutes, is amended to read:

18         121.091  Benefits payable under the system.--Benefits

19  may not be paid under this section unless the member has

20  terminated employment as provided in s. 121.021(39)(a) or

21  begun participation in the Deferred Retirement Option Program

22  as provided in subsection (13), and a proper application has

23  been filed in the manner prescribed by the department. The

24  department may cancel an application for retirement benefits

25  when the member or beneficiary fails to timely provide the

26  information and documents required by this chapter and the

27  department's rules. The department shall adopt rules

28  establishing procedures for application for retirement

29  benefits and for the cancellation of such application when the

30  required information or documents are not received.

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  1         (5)  TERMINATION BENEFITS.--A member whose employment

  2  is terminated prior to retirement retains membership rights to

  3  previously earned member-noncontributory service credit, and

  4  to member-contributory service credit, if the member leaves

  5  the member contributions on deposit in his or her retirement

  6  account. If a terminated member receives a refund of member

  7  contributions, such member may reinstate membership rights to

  8  the previously earned service credit represented by the refund

  9  by completing 1 year of creditable service and repaying the

10  refunded member contributions, plus interest.

11         (f)  Any member who has been found guilty by a verdict

12  of a jury, or by the court trying the case without a jury, of

13  committing, aiding, or abetting any embezzlement or theft from

14  his or her employer, bribery in connection with the

15  employment, or other felony specified in chapter 838, except

16  ss. 838.15 and 838.16, committed prior to retirement, or who

17  has entered a plea of guilty or of nolo contendere to such

18  crime, or any member whose employment is terminated by reason

19  of the member's admitted commitment, aiding, or abetting of an

20  embezzlement or theft from his or her employer, bribery, or

21  other felony specified in chapter 838, except ss. 838.15 and

22  838.16, shall forfeit all rights and benefits under this

23  chapter, except the return of his or her accumulated

24  contributions as of the date of termination.

25         Section 12.  This act shall take effect October 1,

26  2001.

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

  2                          HOUSE SUMMARY

  3
      Creates the "Citizens' Right to Honest Government Act."
  4    Authorizes the Office of Statewide Prosecution to
      investigate and prosecute violations of ch. 838, F.S.
  5    Revises, provides, and deletes definitions. Increases the
      penalties for bribery and unlawful compensation or reward
  6    for official behavior to a second degree felony. Provides
      penalties for official misconduct, criminal misuse of
  7    official position, disclosure or use of confidential
      criminal justice information by a public servant, and bid
  8    tampering. Provides status of confidential informants or
      confidential sources. Authorizes public servants who are
  9    subjected to an investigation for official misconduct to
      recover attorney's fees. Provides a penalty for perjury
10    by a public servant in an official proceeding. Ranks
      violations of ch. 838, F.S., in the Criminal Punishment
11    Code offense severity ranking chart. Repeals provisions
      relating to commercial bribe receiving and commercial
12    bribery.

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