Senate Bill sb0714
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
By Senator Sebesta
20-568-01 See HB 3
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.
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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;
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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:
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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" does 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.--
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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 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:
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.--
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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
30
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
30
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
30
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
29
30
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
29
30
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
31
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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).
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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
31
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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;
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
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.
27
28
29
30
31
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 714
20-568-01 See HB 3
1 *****************************************
2 LEGISLATIVE SUMMARY
3 Creates the "Citizens' Right to Honest Government Act."
Authorizes the Office of Statewide Prosecution to
4 investigate and prosecute violations of ch. 838, F.S.
Revises, provides, and deletes definitions. Increases the
5 penalties for bribery and unlawful compensation or reward
for official behavior to a second-degree felony. Provides
6 penalties for official misconduct, criminal misuse of
official position, disclosure or use of confidential
7 criminal justice information by a public servant, and bid
tampering. Provides status of confidential informants or
8 confidential sources. Authorizes public servants who are
subjected to an investigation for official misconduct to
9 recover attorney's fees. Provides a penalty for perjury
by a public servant in an official proceeding. Ranks
10 violations of ch. 838, F.S., in the Criminal Punishment
Code offense severity ranking chart. Repeals provisions
11 relating to commercial bribe receiving and commercial
bribery.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
29
CODING: Words stricken are deletions; words underlined are additions.