Senate Bill sb0714c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
By the Committee on Criminal Justice and Senators Sebesta and
Crist
307-1948-01
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.; amending s. 905.34, F.S.;
30 expanding the jurisdiction of the statewide
31 grand jury to include violations of ch. 838,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 F.S.; deleting cross-references, to conform;
2 providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. This act may be cited as the "Citizens'
7 Right to Honest Government Act."
8 Section 2. Paragraph (a) of subsection (1) of section
9 16.56, Florida Statutes, is amended to read:
10 16.56 Office of Statewide Prosecution.--
11 (1) There is created in the Department of Legal
12 Affairs an Office of Statewide Prosecution. The office shall
13 be a separate "budget entity" as that term is defined in
14 chapter 216. The office may:
15 (a) Investigate and prosecute the offenses of:
16 1. Bribery, any violation of chapter 838, burglary,
17 criminal usury, extortion, gambling, kidnapping, larceny,
18 murder, prostitution, perjury, robbery, carjacking, and
19 home-invasion robbery;
20 2. Any crime involving narcotic or other dangerous
21 drugs;
22 3. Any violation of the provisions of the Florida RICO
23 (Racketeer Influenced and Corrupt Organization) Act, including
24 any offense listed in the definition of racketeering activity
25 in s. 895.02(1)(a), providing such listed offense is
26 investigated in connection with a violation of s. 895.03 and
27 is charged in a separate count of an information or indictment
28 containing a count charging a violation of s. 895.03, the
29 prosecution of which listed offense may continue independently
30 if the prosecution of the violation of s. 895.03 is terminated
31 for any reason;
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 4. Any violation of the provisions of the Florida
2 Anti-Fencing Act;
3 5. Any violation of the provisions of the Florida
4 Antitrust Act of 1980, as amended;
5 6. Any crime involving, or resulting in, fraud or
6 deceit upon any person; or
7 7. Any violation of s. 847.0135, relating to computer
8 pornography and child exploitation prevention, or any offense
9 related to a violation of s. 847.0135,
10
11 or any attempt, solicitation, or conspiracy to commit any of
12 the crimes specifically enumerated above. The office shall
13 have such power only when any such offense is occurring, or
14 has occurred, in two or more judicial circuits as part of a
15 related transaction, or when any such offense is connected
16 with an organized criminal conspiracy affecting two or more
17 judicial circuits.
18 Section 3. Section 838.014, Florida Statutes, is
19 amended to read:
20 838.014 Definitions.--As used in For the purposes of
21 this chapter, the term unless a different meaning plainly is
22 required:
23 (1) "Benefit" means gain or advantage, or anything
24 regarded by the person to be benefited as a gain or advantage,
25 including the doing of an act beneficial to any person in
26 whose welfare he or she is interested, including any
27 commission, gift, gratuity, property, commercial interest, or
28 any other thing of economic value.
29 (2) "Corruptly" or "with corrupt intent" means done
30 with knowledge that the act is wrongful.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 (3) "Harm" means pecuniary or other loss,
2 disadvantage, or injury to the person affected, including
3 loss, disadvantage, or injury to any other person in whose
4 welfare he or she is interested.
5 (4) "Public servant" means:
6 (a) Any officer or employee of a state, county,
7 municipal, or special district agency or entity;
8 (b) Any legislative or judicial officer or employee;
9 (c) Any officer, director, partner, manager,
10 representative, or employee of a nongovernmental entity that
11 is authorized by law or contract to perform a governmental
12 function or provide a governmental service on behalf of a
13 state, county, municipal, or special district agency or entity
14 to the extent that the individual's conduct relates to the
15 performance of the governmental function or provision of the
16 governmental service;
17 (d) Any person who holds an office in a political
18 party or political party committee;
19 (e) Any person, except a witness, who acts as a
20 master, receiver, auditor, juror, arbitrator, umpire, referee,
21 consultant, or hearing officer while performing a governmental
22 function; or
23 (f) A candidate for election or appointment to any of
24 the positions listed in this subsection, or an individual who
25 has been elected to, but has yet to officially assume the
26 responsibilities of, public office.
27 (2) "Pecuniary benefit" is benefit in the form of any
28 commission, gift, gratuity, property, commercial interest, or
29 any other thing of economic value.
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 (3) "Harm" means loss, disadvantage, or injury to the
2 person affected, including loss, disadvantage, or injury to
3 any other person in whose welfare he or she is interested.
4 (4) "Public servant" means any public officer, agent,
5 or employee of government, whether elected or appointed,
6 including, but not limited to, any executive, legislative, or
7 judicial officer; any person who holds an office or position
8 in a political party or political party committee, whether
9 elected or appointed; and any person participating as a
10 special master, receiver, auditor, juror, arbitrator, umpire,
11 referee, consultant, administrative law judge, hearing
12 officer, or hearing examiner, or person acting on behalf of
13 any of these, in performing a governmental function; but the
14 term does not include witnesses. Such term shall include a
15 candidate for election or appointment to any such office,
16 including any individual who seeks or intends to occupy any
17 such office. It shall include any person appointed to any of
18 the foregoing offices or employments before and after he or
19 she qualifies.
20 (5) "Government" includes the state government and any
21 city or county government or any branch, political
22 subdivision, or agency of the state, county, or city
23 government.
24 (6) "Corruptly" means done with a wrongful intent and
25 for the purpose of obtaining or compensating or receiving
26 compensation for any benefit resulting from some act or
27 omission of a public servant which is inconsistent with the
28 proper performance of his or her public duties.
29 Section 4. Subsection (3) of section 838.015, Florida
30 Statutes, is amended to read:
31 838.015 Bribery.--
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 (3) Any person who commits bribery commits is guilty
2 of a felony of the second third degree, punishable as provided
3 in s. 775.082, s. 775.083, or s. 775.084.
4 Section 5. Subsection (4) of section 838.016, Florida
5 Statutes, is amended to read:
6 838.016 Unlawful compensation or reward for official
7 behavior.--
8 (4) Whoever violates the provisions of this section
9 commits shall be guilty of a felony of the second third
10 degree, punishable as provided in s. 775.082, s. 775.083, or
11 s. 775.084.
12 Section 6. Sections 838.022, 838.20, 838.21, 838.22,
13 838.23, and 838.24, Florida Statutes, are created to read:
14 838.022 Official misconduct.--
15 (1) It is unlawful for a public servant, with corrupt
16 intent to obtain a benefit for any person or to cause harm to
17 another, to:
18 (a) Falsify, or cause another person to falsify, any
19 official record or official document;
20 (b) Conceal, cover up, destroy, mutilate, or alter any
21 official record or official document or cause another person
22 to perform such an act; or
23 (c) Obstruct, delay, or prevent the communication of
24 information relating to the commission of a felony that
25 directly involves or affects the public agency or public
26 entity served by the public servant.
27 (2) For the purposes of this section:
28 (a) The term "public servant" does not include a
29 candidate who does not otherwise qualify as a public servant.
30 (b) An official record or official document includes
31 only public records.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 (3) Any person who violates this section commits a
2 felony of the second degree, punishable as provided in s.
3 775.082, s. 775.083, or s. 775.084.
4 838.20 Criminal misuse of official position.--
5 (1) It is unlawful for any public officer or public
6 employee to corruptly use or attempt to use his or her
7 official position, or any public property or public resource
8 within his or her trust, to:
9 (a) Establish any business relationship between the
10 public officer's or public employee's own agency and any
11 business entity in which the public officer or public employee
12 receives or has an expectation of receiving a benefit; or
13 (b) Perform his or her official duties to secure for
14 himself or herself a benefit that is not generally available
15 to the public.
16 (2) Any person who violates this section commits a
17 felony of the second degree, punishable as provided in s.
18 775.082, s. 775.083, or s. 775.084.
19 838.21 Disclosure or use of confidential criminal
20 justice information.--It is unlawful for a public servant,
21 with intent to obstruct, impede, or prevent a criminal
22 investigation or a criminal prosecution, to disclose active
23 criminal investigative or intelligence information as defined
24 in chapter 119 or to disclose or use information regarding
25 either the efforts to secure or the issuance of a warrant,
26 subpoena, or other court process or court order relating to a
27 criminal investigation or criminal prosecution when such
28 information is not available to the general public and is
29 gained by reason of the public servant's official position.
30 Any person who violates this section commits a felony of the
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 third degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 838.22 Bid tampering.--
4 (1) As used in this section, the term:
5 (a) "Bid" includes a response to an "invitation to
6 bid" or "request for proposals" as those terms are defined in
7 s. 287.012.
8 (b) "Commodity" means any goods, merchandise, wares,
9 produce, chose in action, land, article of commerce, or other
10 tangible or intangible property, real, personal, or mixed, for
11 use, consumption, production, enjoyment, or resale.
12 (c) "Service" means any kind of activity performed in
13 whole or in part for economic benefit.
14 (2) It is unlawful for a public servant, with corrupt
15 intent to influence or attempt to influence the competitive
16 bidding process undertaken by any state, county, municipal, or
17 special district agency, or any other public entity, for the
18 procurement of commodities or services, to:
19 (a) Disclose material information concerning a bid or
20 other aspects of the competitive bidding process when such
21 information is not publicly disclosed.
22 (b) Establish a bid specification, contract
23 specification, request for proposal, invitation to bid, or
24 other material aspect of the competitive bidding process that
25 provides an unfair competitive advantage to any person who
26 submits a bid.
27 (c) Alter or amend a submitted bid, documents or other
28 materials supporting a submitted bid, or bid results for the
29 purpose of providing an unfair competitive advantage to any
30 person who submits a bid.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 (3) It is unlawful for a public servant, with corrupt
2 intent to obtain a benefit for any person or to cause unlawful
3 harm to another, to circumvent a competitive bidding process
4 required by law or rule by using a sole-source contract for
5 commodities or services.
6 (4) It is unlawful for any person to knowingly agree,
7 conspire, combine, or confederate, directly or indirectly,
8 with a public servant to violate subsection (2) or subsection
9 (3).
10 (5) It is unlawful for any person to knowingly enter
11 into a contract for commodities or services which was secured
12 by a public servant acting in violation of subsection (2) or
13 subsection (3).
14 (6) Any person who violates this section commits a
15 felony of the second degree, punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084.
17 838.23 Status of confidential informants and
18 confidential sources.--A person who provides information
19 regarding suspected criminal violations committed by a public
20 servant as defined in s. 838.014 shall be considered a
21 confidential informant or confidential source pursuant to s.
22 119.07(3)(c).
23 838.24 Attorney's fees.--If a public servant is
24 arrested or prosecuted for an alleged violation of this
25 chapter and either the criminal charges are dismissed or the
26 public servant is acquitted, the public servant may petition
27 the employing public agency to award attorney's fees for the
28 costs incurred by the public servant in defending against
29 those charges. The employing public agency shall award
30 attorney's fees to the public servant upon a finding that the
31 public servant's actions arose out of or in connection with
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 the performance of his or her official duties and served a
2 public purpose.
3 Section 7. Section 837.02, Florida Statutes, is
4 amended to read:
5 837.02 Perjury in official proceedings.--
6 (1) Except as provided in subsections subsection (2)
7 and (3), whoever makes a false statement, which he or she does
8 not believe to be true, under oath in an official proceeding
9 in regard to any material matter, commits a felony of the
10 third degree, punishable as provided in s. 775.082, s.
11 775.083, or s. 775.084.
12 (2) Whoever makes a false statement, which he or she
13 does not believe to be true, under oath in an official
14 proceeding that relates to the prosecution of a capital
15 felony, commits a felony of the second degree, punishable as
16 provided in s. 775.082, s. 775.083, or s. 775.084.
17 (3) Any public servant, as defined in s. 838.014, who
18 makes a false statement, which he or she does not believe to
19 be true, under oath in an official proceeding in regard to any
20 material matter that relates to his or her duties or actions
21 as a public servant commits a felony of the second degree,
22 punishable as provided in s. 775.082, s. 775.083, or s.
23 775.084.
24 (4)(3) Knowledge of the materiality of the statement
25 is not an element of the crime of perjury under subsection
26 (1), or subsection (2), or subsection (3), and the defendant's
27 mistaken belief that the statement was not material is not a
28 defense.
29 Section 8. Paragraphs (a), (f), and (g) of subsection
30 (3) of section 921.0022, Florida Statutes, are amended to
31 read:
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
4
5 Florida Felony
6 Statute Degree Description
7
8 (a) LEVEL 1
9 24.118(3)(a) 3rd Counterfeit or altered state
10 lottery ticket.
11 212.054(2)(b) 3rd Discretionary sales surtax;
12 limitations, administration, and
13 collection.
14 212.15(2)(b) 3rd Failure to remit sales taxes,
15 amount greater than $300 but less
16 than $20,000.
17 319.30(5) 3rd Sell, exchange, give away
18 certificate of title or
19 identification number plate.
20 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
21 odometer.
22 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
23 registration license plates or
24 validation stickers.
25 322.212(1) 3rd Possession of forged, stolen,
26 counterfeit, or unlawfully issued
27 driver's license; possession of
28 simulated identification.
29 322.212(4) 3rd Supply or aid in supplying
30 unauthorized driver's license or
31 identification card.
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 322.212(5)(a) 3rd False application for driver's
2 license or identification card.
3 370.13(3)(a) 3rd Molest any stone crab trap, line,
4 or buoy which is property of
5 licenseholder.
6 370.135(1) 3rd Molest any blue crab trap, line,
7 or buoy which is property of
8 licenseholder.
9 372.663(1) 3rd Poach any alligator or
10 crocodilia.
11 414.39(2) 3rd Unauthorized use, possession,
12 forgery, or alteration of food
13 stamps, Medicaid ID, value
14 greater than $200.
15 414.39(3)(a) 3rd Fraudulent misappropriation of
16 public assistance funds by
17 employee/official, value more
18 than $200.
19 443.071(1) 3rd False statement or representation
20 to obtain or increase
21 unemployment compensation
22 benefits.
23 509.151(1) 3rd Defraud an innkeeper, food or
24 lodging value greater than $300.
25 517.302(1) 3rd Violation of the Florida
26 Securities and Investor
27 Protection Act.
28 562.27(1) 3rd Possess still or still apparatus.
29 713.69 3rd Tenant removes property upon
30 which lien has accrued, value
31 more than $50.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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 CS for SB 714
307-1948-01
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. Section 905.34, Florida Statutes, is
26 amended to read:
27 905.34 Powers and duties; law applicable.--The
28 jurisdiction of a statewide grand jury impaneled under this
29 chapter shall extend throughout the state. The subject matter
30 jurisdiction of the statewide grand jury shall be limited to
31 the offenses of:
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 (1) Bribery, any violation of chapter 838, burglary,
2 carjacking, home-invasion robbery, criminal usury, extortion,
3 gambling, kidnapping, larceny, murder, prostitution, perjury,
4 and robbery;
5 (2) Crimes involving narcotic or other dangerous
6 drugs;
7 (3) Any violation of the provisions of the Florida
8 RICO (Racketeer Influenced and Corrupt Organization) Act,
9 including any offense listed in the definition of racketeering
10 activity in s. 895.02(1)(a), providing such listed offense is
11 investigated in connection with a violation of s. 895.03 and
12 is charged in a separate count of an information or indictment
13 containing a count charging a violation of s. 895.03, the
14 prosecution of which listed offense may continue independently
15 if the prosecution of the violation of s. 895.03 is terminated
16 for any reason;
17 (4) Any violation of the provisions of the Florida
18 Anti-Fencing Act;
19 (5) Any violation of the provisions of the Florida
20 Antitrust Act of 1980, as amended;
21 (6) Any crime involving, or resulting in, fraud or
22 deceit upon any person;
23
24 or any attempt, solicitation, or conspiracy to commit any
25 violation of the crimes specifically enumerated above, when
26 any such offense is occurring, or has occurred, in two or more
27 judicial circuits as part of a related transaction or when any
28 such offense is connected with an organized criminal
29 conspiracy affecting two or more judicial circuits. The
30 statewide grand jury may return indictments and presentments
31 irrespective of the county or judicial circuit where the
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 714
307-1948-01
1 offense is committed or triable. If an indictment is
2 returned, it shall be certified and transferred for trial to
3 the county where the offense was committed. The powers and
4 duties of, and law applicable to, county grand juries shall
5 apply to a statewide grand jury except when such powers,
6 duties, and law are inconsistent with the provisions of ss.
7 905.31-905.40.
8 Section 13. This act shall take effect October 1,
9 2001.
10
11 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
12 Senate Bill 714
13
14 - The CS clarifies the definition of "public servant" with
respect to people who have a contractual relationship
15 with the government.
16 - The CS includes violations of chapter 838 within the
subject matter jurisdiction of the statewide grand jury.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
30
CODING: Words stricken are deletions; words underlined are additions.