House Bill hb0147
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Florida House of Representatives - 2002 HB 147
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 definitions;
16 providing status of confidential informants or
17 confidential sources; authorizing public
18 servants who are subjected to an investigation
19 for official misconduct to recover attorney's
20 fees; amending s. 837.02, F.S.; providing a
21 criminal penalty for perjury in an official
22 proceeding by a public servant; amending s.
23 905.34, F.S.; expanding jurisdiction of the
24 statewide grand jury to include violations of
25 ch. 838, F.S.; amending s. 921.0022, F.S.;
26 deleting specified felonies from and adding
27 specified felonies to the Criminal Punishment
28 Code offense severity ranking chart; repealing
29 s. 838.15, F.S., relating to commercial bribe
30 receiving; repealing s. 838.16, F.S., relating
31 to commercial bribery; repealing s. 839.25,
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1 F.S., relating to official misconduct; amending
2 ss. 112.3173, 112.534, 117.01, and 121.091,
3 F.S.; deleting and conforming cross references
4 to changes made by the act; providing an
5 effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. This act may be cited as the "Citizens'
10 Right to Honest Government Act."
11 Section 2. Paragraph (a) of subsection (1) of section
12 16.56, Florida Statutes, is amended to read:
13 16.56 Office of Statewide Prosecution.--
14 (1) There is created in the Department of Legal
15 Affairs an Office of Statewide Prosecution. The office shall
16 be a separate "budget entity" as that term is defined in
17 chapter 216. The office may:
18 (a) Investigate and prosecute the offenses of:
19 1. Bribery, any violation of chapter 838, burglary,
20 criminal usury, extortion, gambling, kidnapping, larceny,
21 murder, prostitution, perjury, robbery, carjacking, and
22 home-invasion robbery;
23 2. Any crime involving narcotic or other dangerous
24 drugs;
25 3. Any violation of the provisions of the Florida RICO
26 (Racketeer Influenced and Corrupt Organization) Act, including
27 any offense listed in the definition of racketeering activity
28 in s. 895.02(1)(a), providing such listed offense is
29 investigated in connection with a violation of s. 895.03 and
30 is charged in a separate count of an information or indictment
31 containing a count charging a violation of s. 895.03, the
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1 prosecution of which listed offense may continue independently
2 if the prosecution of the violation of s. 895.03 is terminated
3 for any reason;
4 4. Any violation of the provisions of the Florida
5 Anti-Fencing Act;
6 5. Any violation of the provisions of the Florida
7 Antitrust Act of 1980, as amended;
8 6. Any crime involving, or resulting in, fraud or
9 deceit upon any person;
10 7. Any violation of s. 847.0135, relating to computer
11 pornography and child exploitation prevention, or any offense
12 related to a violation of s. 847.0135; or
13 8. Any violation of the provisions of chapter 815;
14
15 or any attempt, solicitation, or conspiracy to commit any of
16 the crimes specifically enumerated above. The office shall
17 have such power only when any such offense is occurring, or
18 has occurred, in two or more judicial circuits as part of a
19 related transaction, or when any such offense is connected
20 with an organized criminal conspiracy affecting two or more
21 judicial circuits.
22 Section 3. Section 838.014, Florida Statutes, is
23 amended to read:
24 838.014 Definitions.--As used in For the purposes of
25 this chapter, the term unless a different meaning plainly is
26 required:
27 (1) "Benefit" means gain or advantage, or anything
28 regarded by the person to be benefited as a gain or advantage,
29 including the doing of an act beneficial to any person in
30 whose welfare he or she is interested, including any
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1 commission, gift, gratuity, property, commercial interest, or
2 any other thing of economic value.
3 (2) "Corruptly" or "with corrupt intent" means done
4 with knowledge that the act is wrongful.
5 (3) "Harm" means pecuniary or other loss,
6 disadvantage, or injury to the person affected, including
7 loss, disadvantage, or injury to any other person in whose
8 welfare he or she is interested.
9 (4) "Public servant" means:
10 (a) Any officer or employee of a state, county,
11 municipal, or special district agency or entity;
12 (b) Any legislative or judicial officer or employee;
13 (c) Any officer, director, partner, manager,
14 representative, or employee of a nongovernmental entity that
15 is authorized by law or contract to perform a governmental
16 function or provide a governmental service on behalf of a
17 state, county, municipal, or special district agency or entity
18 to the extent that the individual's conduct relates to the
19 performance of the governmental function or provision of the
20 governmental service;
21 (d) Any person who holds an office in a political
22 party or political party committee;
23 (e) Any person, except a witness, who acts as a
24 master, receiver, auditor, juror, arbitrator, umpire, referee,
25 consultant, or hearing officer while performing a governmental
26 function; or
27 (f) A candidate for election or appointment to any of
28 the positions listed in this subsection, or an individual who
29 has been elected to, but has yet to officially assume the
30 responsibilities of, public office.
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1 (2) "Pecuniary benefit" is benefit in the form of any
2 commission, gift, gratuity, property, commercial interest, or
3 any other thing of economic value.
4 (3) "Harm" means loss, disadvantage, or injury to the
5 person affected, including loss, disadvantage, or injury to
6 any other person in whose welfare he or she is interested.
7 (4) "Public servant" means any public officer, agent,
8 or employee of government, whether elected or appointed,
9 including, but not limited to, any executive, legislative, or
10 judicial officer; any person who holds an office or position
11 in a political party or political party committee, whether
12 elected or appointed; and any person participating as a
13 special master, receiver, auditor, juror, arbitrator, umpire,
14 referee, consultant, administrative law judge, hearing
15 officer, or hearing examiner, or person acting on behalf of
16 any of these, in performing a governmental function; but the
17 term does not include witnesses. Such term shall include a
18 candidate for election or appointment to any such office,
19 including any individual who seeks or intends to occupy any
20 such office. It shall include any person appointed to any of
21 the foregoing offices or employments before and after he or
22 she qualifies.
23 (5) "Government" includes the state government and any
24 city or county government or any branch, political
25 subdivision, or agency of the state, county, or city
26 government.
27 (6) "Corruptly" means done with a wrongful intent and
28 for the purpose of obtaining or compensating or receiving
29 compensation for any benefit resulting from some act or
30 omission of a public servant which is inconsistent with the
31 proper performance of his or her public duties.
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1 Section 4. Subsection (3) of section 838.015, Florida
2 Statutes, is amended to read:
3 838.015 Bribery.--
4 (3) Any person who commits bribery commits is guilty
5 of a felony of the second third degree, punishable as provided
6 in s. 775.082, s. 775.083, or s. 775.084.
7 Section 5. Subsection (4) of section 838.016, Florida
8 Statutes, is amended to read:
9 838.016 Unlawful compensation or reward for official
10 behavior.--
11 (4) Whoever violates the provisions of this section
12 commits shall be guilty of a felony of the second third
13 degree, punishable as provided in s. 775.082, s. 775.083, or
14 s. 775.084.
15 Section 6. Sections 838.022, 838.20, 838.21, 838.22,
16 838.23, and 838.24, Florida Statutes, are created to read:
17 838.022 Official misconduct.--
18 (1) It is unlawful for a public servant, with corrupt
19 intent to obtain a benefit for any person or to cause harm to
20 another, to:
21 (a) Falsify, or cause another person to falsify, any
22 official record or official document;
23 (b) Conceal, cover up, destroy, mutilate, or alter any
24 official record or official document or cause another person
25 to perform such an act; or
26 (c) Obstruct, delay, or prevent the communication of
27 information relating to the commission of a felony that
28 directly involves or affects the public agency or public
29 entity served by the public servant.
30 (2) For the purposes of this section:
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1 (a) The term "public servant," as defined in s.
2 838.014, shall not include a candidate who does not otherwise
3 qualify as a public servant.
4 (b) An official record or official document includes
5 only public records.
6 (3) Any person who violates this section commits a
7 felony of the second degree, punishable as provided in s.
8 775.082, s. 775.083, or s. 775.084.
9 838.20 Criminal misuse of official position.--
10 (1) It is unlawful for any public servant, as defined
11 in s. 838.014(4)(a) and (b), to corruptly use or attempt to
12 use his or her official position, or any public property or
13 public resource that is within his or her trust, to:
14 (a) Establish any business relationship between the
15 public servant's own agency and any business entity in which
16 the public servant receives or has an expectation of receiving
17 a benefit; or
18 (b) Perform his or her official duties to secure for
19 himself or herself a benefit that is not generally available
20 to the public.
21 (2) Any person who violates this section commits a
22 felony of the second degree, punishable as provided in s.
23 775.082, s. 775.083, or s. 775.084.
24 838.21 Disclosure or use of confidential criminal
25 justice information.--It is unlawful for a public servant,
26 with intent to obstruct, impede, or prevent a criminal
27 investigation or a criminal prosecution, to disclose active
28 criminal investigative or intelligence information as defined
29 in chapter 119 or to disclose or use information regarding
30 either the efforts to secure or the issuance of a warrant,
31 subpoena, or other court process or court order relating to a
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1 criminal investigation or criminal prosecution when such
2 information is not available to the general public and is
3 gained by reason of the public servant's official position.
4 Any person who violates this section commits a felony of the
5 third degree, punishable as provided in s. 775.082, s.
6 775.083, or s. 775.084.
7 838.22 Bid tampering.--
8 (1) As used in this section, the term:
9 (a) "Bid" includes a response to an "invitation to
10 bid" or "request for proposals" as those terms are defined in
11 s. 287.012.
12 (b) "Commodity" means any goods, merchandise, wares,
13 produce, chose in action, land, article of commerce, or other
14 tangible or intangible property, real, personal, or mixed, for
15 use, consumption, production, enjoyment, or resale.
16 (c) "Service" means any kind of activity performed in
17 whole or in part for economic benefit.
18 (2) It is unlawful for a public servant, with corrupt
19 intent to influence or attempt to influence the competitive
20 bidding process undertaken by any state, county, municipal, or
21 special district agency, or any other public entity, for the
22 procurement of commodities or services, to:
23 (a) Disclose material information concerning a bid or
24 other aspects of the competitive bidding process when such
25 information is not publicly disclosed.
26 (b) Establish a bid specification, contract
27 specification, request for proposal, invitation to bid, or
28 other material aspect of the competitive bidding process that
29 provides an unfair competitive advantage to any person who
30 submits a bid.
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1 (c) Alter or amend a submitted bid, documents or other
2 materials supporting a submitted bid, or bid results for the
3 purpose of providing an unfair competitive advantage to any
4 person who submits a bid.
5 (3) It is unlawful for a public servant, with corrupt
6 intent to obtain a benefit for any person or to cause unlawful
7 harm to another, to circumvent a competitive bidding process
8 required by law or rule by using a sole-source contract for
9 commodities or services.
10 (4) It is unlawful for any person to knowingly agree,
11 conspire, combine, or confederate, directly or indirectly,
12 with a public servant to violate subsection (2) or subsection
13 (3).
14 (5) It is unlawful for any person to knowingly enter
15 into a contract for commodities or services which was secured
16 by a public servant acting in violation of subsection (2) or
17 subsection (3).
18 (6) Any person who violates this section commits a
19 felony of the second degree, punishable as provided in s.
20 775.082, s. 775.083, or s. 775.084.
21 838.23 Status of confidential informants and
22 confidential sources.--A person who provides information
23 regarding suspected criminal violations committed by a public
24 servant as defined in s. 838.014 shall be considered a
25 confidential informant or confidential source pursuant to s.
26 119.07(3)(c).
27 838.24 Attorney's fees.--If a public servant is
28 arrested or prosecuted for an alleged violation of this
29 chapter and either the criminal charges are dismissed or the
30 public servant is acquitted, the public servant may petition
31 the employing public agency to award reasonable attorney's
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1 fees and costs incurred by the public servant in defending
2 against those charges. The employing public agency shall award
3 attorney's fees to the public servant upon a finding that the
4 public servant's actions arose out of or in connection with
5 the performance of his or her official duties and served a
6 public purpose.
7 Section 7. Section 837.02, Florida Statutes, is
8 amended to read:
9 837.02 Perjury in official proceedings.--
10 (1) Except as provided in subsections subsection (2)
11 and (3), whoever makes a false statement, which he or she does
12 not believe to be true, under oath in an official proceeding
13 in regard to any material matter, commits a felony of the
14 third degree, punishable as provided in s. 775.082, s.
15 775.083, or s. 775.084.
16 (2) Whoever makes a false statement, which he or she
17 does not believe to be true, under oath in an official
18 proceeding that relates to the prosecution of a capital
19 felony, commits a felony of the second degree, punishable as
20 provided in s. 775.082, s. 775.083, or s. 775.084.
21 (3) Any public servant, as defined in s. 838.014, who
22 makes a false statement, which he or she does not believe to
23 be true, under oath in an official proceeding in regard to any
24 material matter that relates to his or her duties or actions
25 as a public servant commits a felony of the second degree,
26 punishable as provided in s. 775.082, s. 775.083, or s.
27 775.084.
28 (4)(3) Knowledge of the materiality of the statement
29 is not an element of the crime of perjury under subsection
30 (1), or subsection (2), or subsection (3) and the defendant's
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1 mistaken belief that the statement was not material is not a
2 defense.
3 Section 8. Subsection (1) of section 905.34, Florida
4 Statutes, is amended to read:
5 905.34 Powers and duties; law applicable.--The
6 jurisdiction of a statewide grand jury impaneled under this
7 chapter shall extend throughout the state. The subject matter
8 jurisdiction of the statewide grand jury shall be limited to
9 the offenses of:
10 (1) Bribery, any violation of chapter 838, burglary,
11 carjacking, home-invasion robbery, criminal usury, extortion,
12 gambling, kidnapping, larceny, murder, prostitution, perjury,
13 and robbery;
14
15 or any attempt, solicitation, or conspiracy to commit any
16 violation of the crimes specifically enumerated above, when
17 any such offense is occurring, or has occurred, in two or more
18 judicial circuits as part of a related transaction or when any
19 such offense is connected with an organized criminal
20 conspiracy affecting two or more judicial circuits. The
21 statewide grand jury may return indictments and presentments
22 irrespective of the county or judicial circuit where the
23 offense is committed or triable. If an indictment is
24 returned, it shall be certified and transferred for trial to
25 the county where the offense was committed. The powers and
26 duties of, and law applicable to, county grand juries shall
27 apply to a statewide grand jury except when such powers,
28 duties, and law are inconsistent with the provisions of ss.
29 905.31-905.40.
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1 Section 9. Paragraphs (a), (f), and (g) of subsection
2 (3) of section 921.0022, Florida Statutes, are amended to
3 read:
4 921.0022 Criminal Punishment Code; offense severity
5 ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7
8 Florida Felony
9 Statute Degree Description
10
11 (a) LEVEL 1
12 24.118(3)(a) 3rd Counterfeit or altered state
13 lottery ticket.
14 212.054(2)(b) 3rd Discretionary sales surtax;
15 limitations, administration, and
16 collection.
17 212.15(2)(b) 3rd Failure to remit sales taxes,
18 amount greater than $300 but less
19 than $20,000.
20 319.30(5) 3rd Sell, exchange, give away
21 certificate of title or
22 identification number plate.
23 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
24 odometer.
25 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
26 registration license plates or
27 validation stickers.
28 322.212(1) 3rd Possession of forged, stolen,
29 counterfeit, or unlawfully issued
30 driver's license; possession of
31 simulated identification.
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1 322.212(4) 3rd Supply or aid in supplying
2 unauthorized driver's license or
3 identification card.
4 322.212(5)(a) 3rd False application for driver's
5 license or identification card.
6 370.13(3)(a) 3rd Molest any stone crab trap, line,
7 or buoy which is property of
8 licenseholder.
9 370.135(1) 3rd Molest any blue crab trap, line,
10 or buoy which is property of
11 licenseholder.
12 372.663(1) 3rd Poach any alligator or
13 crocodilia.
14 414.39(2) 3rd Unauthorized use, possession,
15 forgery, or alteration of food
16 stamps, Medicaid ID, value
17 greater than $200.
18 414.39(3)(a) 3rd Fraudulent misappropriation of
19 public assistance funds by
20 employee/official, value more
21 than $200.
22 443.071(1) 3rd False statement or representation
23 to obtain or increase
24 unemployment compensation
25 benefits.
26 509.151(1) 3rd Defraud an innkeeper, food or
27 lodging value greater than $300.
28 517.302(1) 3rd Violation of the Florida
29 Securities and Investor
30 Protection Act.
31 562.27(1) 3rd Possess still or still apparatus.
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1 713.69 3rd Tenant removes property upon
2 which lien has accrued, value
3 more than $50.
4 812.014(3)(c) 3rd Petit theft (3rd conviction);
5 theft of any property not
6 specified in subsection (2).
7 812.081(2) 3rd Unlawfully makes or causes to be
8 made a reproduction of a trade
9 secret.
10 815.04(4)(a) 3rd Offense against intellectual
11 property (i.e., computer
12 programs, data).
13 817.52(2) 3rd Hiring with intent to defraud,
14 motor vehicle services.
15 826.01 3rd Bigamy.
16 828.122(3) 3rd Fighting or baiting animals.
17 831.04(1) 3rd Any erasure, alteration, etc., of
18 any replacement deed, map, plat,
19 or other document listed in s.
20 92.28.
21 831.31(1)(a) 3rd Sell, deliver, or possess
22 counterfeit controlled
23 substances, all but s. 893.03(5)
24 drugs.
25 832.041(1) 3rd Stopping payment with intent to
26 defraud $150 or more.
27 832.05
28 (2)(b)&(4)(c) 3rd Knowing, making, issuing
29 worthless checks $150 or more or
30 obtaining property in return for
31 worthless check $150 or more.
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1 838.015(3) 3rd Bribery.
2 838.016(1) 3rd Public servant receiving unlawful
3 compensation.
4 838.15(2) 3rd Commercial bribe receiving.
5 838.16 3rd Commercial bribery.
6 843.18 3rd Fleeing by boat to elude a law
7 enforcement officer.
8 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
9 lewd, etc., material (2nd
10 conviction).
11 849.01 3rd Keeping gambling house.
12 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
13 or assist therein, conduct or
14 advertise drawing for prizes, or
15 dispose of property or money by
16 means of lottery.
17 849.23 3rd Gambling-related machines;
18 "common offender" as to property
19 rights.
20 849.25(2) 3rd Engaging in bookmaking.
21 860.08 3rd Interfere with a railroad signal.
22 860.13(1)(a) 3rd Operate aircraft while under the
23 influence.
24 893.13(2)(a)2. 3rd Purchase of cannabis.
25 893.13(6)(a) 3rd Possession of cannabis (more than
26 20 grams).
27 893.13(7)(a)10. 3rd Affix false or forged label to
28 package of controlled substance.
29 934.03(1)(a) 3rd Intercepts, or procures any other
30 person to intercept, any wire or
31 oral communication.
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1 (f) LEVEL 6
2 316.027(1)(b) 2nd Accident involving death, failure
3 to stop; leaving scene.
4 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
5 conviction.
6 775.0875(1) 3rd Taking firearm from law
7 enforcement officer.
8 775.21(10) 3rd Sexual predators; failure to
9 register; failure to renew
10 driver's license or
11 identification card.
12 784.021(1)(a) 3rd Aggravated assault; deadly weapon
13 without intent to kill.
14 784.021(1)(b) 3rd Aggravated assault; intent to
15 commit felony.
16 784.041 3rd Felony battery.
17 784.048(3) 3rd Aggravated stalking; credible
18 threat.
19 784.048(5) 3rd Aggravated stalking of person
20 under 16.
21 784.07(2)(c) 2nd Aggravated assault on law
22 enforcement officer.
23 784.074(1)(b) 2nd Aggravated assault on sexually
24 violent predators facility staff.
25 784.08(2)(b) 2nd Aggravated assault on a person 65
26 years of age or older.
27 784.081(2) 2nd Aggravated assault on specified
28 official or employee.
29 784.082(2) 2nd Aggravated assault by detained
30 person on visitor or other
31 detainee.
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1 784.083(2) 2nd Aggravated assault on code
2 inspector.
3 787.02(2) 3rd False imprisonment; restraining
4 with purpose other than those in
5 s. 787.01.
6 790.115(2)(d) 2nd Discharging firearm or weapon on
7 school property.
8 790.161(2) 2nd Make, possess, or throw
9 destructive device with intent to
10 do bodily harm or damage
11 property.
12 790.164(1) 2nd False report of deadly explosive
13 or act of arson or violence to
14 state property.
15 790.19 2nd Shooting or throwing deadly
16 missiles into dwellings, vessels,
17 or vehicles.
18 794.011(8)(a) 3rd Solicitation of minor to
19 participate in sexual activity by
20 custodial adult.
21 794.05(1) 2nd Unlawful sexual activity with
22 specified minor.
23 800.04(5)(d) 3rd Lewd or lascivious molestation;
24 victim 12 years of age or older
25 but less than 16 years; offender
26 less than 18 years.
27 800.04(6)(b) 2nd Lewd or lascivious conduct;
28 offender 18 years of age or
29 older.
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1 806.031(2) 2nd Arson resulting in great bodily
2 harm to firefighter or any other
3 person.
4 810.02(3)(c) 2nd Burglary of occupied structure;
5 unarmed; no assault or battery.
6 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
7 but less than $100,000, grand
8 theft in 2nd degree.
9 812.014(2)(b)2. 2nd Property stolen cargo valued at
10 less than $50,000, grand theft in
11 2nd degree.
12 812.015(9) 2nd Retail theft; property stolen
13 $300 or more; second or
14 subsequent conviction.
15 812.13(2)(c) 2nd Robbery, no firearm or other
16 weapon (strong-arm robbery).
17 817.034(4)(a)1. 1st Communications fraud, value
18 greater than $50,000.
19 817.4821(5) 2nd Possess cloning paraphernalia
20 with intent to create cloned
21 cellular telephones.
22 825.102(1) 3rd Abuse of an elderly person or
23 disabled adult.
24 825.102(3)(c) 3rd Neglect of an elderly person or
25 disabled adult.
26 825.1025(3) 3rd Lewd or lascivious molestation of
27 an elderly person or disabled
28 adult.
29 825.103(2)(c) 3rd Exploiting an elderly person or
30 disabled adult and property is
31 valued at less than $20,000.
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1 827.03(1) 3rd Abuse of a child.
2 827.03(3)(c) 3rd Neglect of a child.
3 827.071(2)&(3) 2nd Use or induce a child in a sexual
4 performance, or promote or direct
5 such performance.
6 836.05 2nd Threats; extortion.
7 836.10 2nd Written threats to kill or do
8 bodily injury.
9 838.21 3rd Disclosure or use of confidential
10 criminal justice information.
11 843.12 3rd Aids or assists person to escape.
12 847.0135(3) 3rd Solicitation of a child, via a
13 computer service, to commit an
14 unlawful sex act.
15 914.23 2nd Retaliation against a witness,
16 victim, or informant, with bodily
17 injury.
18 943.0435(9) 3rd Sex offenders; failure to comply
19 with reporting requirements.
20 944.35(3)(a)2. 3rd Committing malicious battery upon
21 or inflicting cruel or inhuman
22 treatment on an inmate or
23 offender on community
24 supervision, resulting in great
25 bodily harm.
26 944.40 2nd Escapes.
27 944.46 3rd Harboring, concealing, aiding
28 escaped prisoners.
29 944.47(1)(a)5. 2nd Introduction of contraband
30 (firearm, weapon, or explosive)
31 into correctional facility.
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1 951.22(1) 3rd Intoxicating drug, firearm, or
2 weapon introduced into county
3 facility.
4 (g) LEVEL 7
5 316.193(3)(c)2. 3rd DUI resulting in serious bodily
6 injury.
7 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
8 bodily injury.
9 402.319(2) 2nd Misrepresentation and negligence
10 or intentional act resulting in
11 great bodily harm, permanent
12 disfiguration, permanent
13 disability, or death.
14 409.920(2) 3rd Medicaid provider fraud.
15 456.065(2) 3rd Practicing a health care
16 profession without a license.
17 456.065(2) 2nd Practicing a health care
18 profession without a license
19 which results in serious bodily
20 injury.
21 458.327(1) 3rd Practicing medicine without a
22 license.
23 459.013(1) 3rd Practicing osteopathic medicine
24 without a license.
25 460.411(1) 3rd Practicing chiropractic medicine
26 without a license.
27 461.012(1) 3rd Practicing podiatric medicine
28 without a license.
29 462.17 3rd Practicing naturopathy without a
30 license.
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1 463.015(1) 3rd Practicing optometry without a
2 license.
3 464.016(1) 3rd Practicing nursing without a
4 license.
5 465.015(2) 3rd Practicing pharmacy without a
6 license.
7 466.026(1) 3rd Practicing dentistry or dental
8 hygiene without a license.
9 467.201 3rd Practicing midwifery without a
10 license.
11 468.366 3rd Delivering respiratory care
12 services without a license.
13 483.828(1) 3rd Practicing as clinical laboratory
14 personnel without a license.
15 483.901(9) 3rd Practicing medical physics
16 without a license.
17 484.013(1)(c) 3rd Preparing or dispensing optical
18 devices without a prescription.
19 484.053 3rd Dispensing hearing aids without a
20 license.
21 494.0018(2) 1st Conviction of any violation of
22 ss. 494.001-494.0077 in which the
23 total money and property
24 unlawfully obtained exceeded
25 $50,000 and there were five or
26 more victims.
27 560.123(8)(b)1. 3rd Failure to report currency or
28 payment instruments exceeding
29 $300 but less than $20,000 by
30 money transmitter.
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1 560.125(5)(a) 3rd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments exceeding
4 $300 but less than $20,000.
5 655.50(10)(b)1. 3rd Failure to report financial
6 transactions exceeding $300 but
7 less than $20,000 by financial
8 institution.
9 782.051(3) 2nd Attempted felony murder of a
10 person by a person other than the
11 perpetrator or the perpetrator of
12 an attempted felony.
13 782.07(1) 2nd Killing of a human being by the
14 act, procurement, or culpable
15 negligence of another
16 (manslaughter).
17 782.071 2nd Killing of human being or viable
18 fetus by the operation of a motor
19 vehicle in a reckless manner
20 (vehicular homicide).
21 782.072 2nd Killing of a human being by the
22 operation of a vessel in a
23 reckless manner (vessel
24 homicide).
25 784.045(1)(a)1. 2nd Aggravated battery; intentionally
26 causing great bodily harm or
27 disfigurement.
28 784.045(1)(a)2. 2nd Aggravated battery; using deadly
29 weapon.
30 784.045(1)(b) 2nd Aggravated battery; perpetrator
31 aware victim pregnant.
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1 784.048(4) 3rd Aggravated stalking; violation of
2 injunction or court order.
3 784.07(2)(d) 1st Aggravated battery on law
4 enforcement officer.
5 784.074(1)(a) 1st Aggravated battery on sexually
6 violent predators facility staff.
7 784.08(2)(a) 1st Aggravated battery on a person 65
8 years of age or older.
9 784.081(1) 1st Aggravated battery on specified
10 official or employee.
11 784.082(1) 1st Aggravated battery by detained
12 person on visitor or other
13 detainee.
14 784.083(1) 1st Aggravated battery on code
15 inspector.
16 790.07(4) 1st Specified weapons violation
17 subsequent to previous conviction
18 of s. 790.07(1) or (2).
19 790.16(1) 1st Discharge of a machine gun under
20 specified circumstances.
21 790.166(3) 2nd Possessing, selling, using, or
22 attempting to use a hoax weapon
23 of mass destruction.
24 796.03 2nd Procuring any person under 16
25 years for prostitution.
26 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
27 victim less than 12 years of age;
28 offender less than 18 years.
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1 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 18 years or older.
5 806.01(2) 2nd Maliciously damage structure by
6 fire or explosive.
7 810.02(3)(a) 2nd Burglary of occupied dwelling;
8 unarmed; no assault or battery.
9 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
10 unarmed; no assault or battery.
11 810.02(3)(d) 2nd Burglary of occupied conveyance;
12 unarmed; no assault or battery.
13 812.014(2)(a) 1st Property stolen, valued at
14 $100,000 or more; cargo stolen
15 valued at $50,000, or more;
16 property stolen while causing
17 other property damage; 1st degree
18 grand theft.
19 812.014(2)(b)2. 2nd Property stolen, emergency
20 medical equipment; 2nd degree
21 grand theft.
22 812.019(2) 1st Stolen property; initiates,
23 organizes, plans, etc., the theft
24 of property and traffics in
25 stolen property.
26 812.131(2)(a) 2nd Robbery by sudden snatching.
27 812.133(2)(b) 1st Carjacking; no firearm, deadly
28 weapon, or other weapon.
29 817.234(11)(c) 1st Insurance fraud; property value
30 $100,000 or more.
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.1025(2) 2nd Lewd or lascivious battery upon
6 an elderly person or disabled
7 adult.
8 825.103(2)(b) 2nd Exploiting an elderly person or
9 disabled adult and property is
10 valued at $20,000 or more, but
11 less than $100,000.
12 827.03(3)(b) 2nd Neglect of a child causing great
13 bodily harm, disability, or
14 disfigurement.
15 827.04(3) 3rd Impregnation of a child under 16
16 years of age by person 21 years
17 of age or older.
18 837.02(3) 2nd Perjury by a public servant in an
19 official proceeding.
20 837.05(2) 3rd Giving false information about
21 alleged capital felony to a law
22 enforcement officer.
23 838.015 2nd Bribery.
24 838.016 2nd Unlawful compensation or reward
25 for official behavior.
26 838.021(3)(a) 2nd Unlawful harm to a public
27 servant.
28 838.022 2nd Official misconduct.
29 838.20 2nd Criminal misuse of official
30 position.
31 838.22 2nd Bid tampering.
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1 872.06 2nd Abuse of a dead human body.
2 893.13(1)(c)1. 1st Sell, manufacture, or deliver
3 cocaine (or other drug prohibited
4 under s. 893.03(1)(a), (1)(b),
5 (1)(d), (2)(a), (2)(b), or
6 (2)(c)4.) within 1,000 feet of a
7 child care facility or school.
8 893.13(1)(e)1. 1st Sell, manufacture, or deliver
9 cocaine or other drug prohibited
10 under s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4., within 1,000 feet of
13 property used for religious
14 services or a specified business
15 site.
16 893.13(4)(a) 1st Deliver to minor cocaine (or
17 other s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4. drugs).
20 893.135(1)(a)1. 1st Trafficking in cannabis, more
21 than 25 lbs., less than 2,000
22 lbs.
23 893.135
24 (1)(b)1.a. 1st Trafficking in cocaine, more than
25 28 grams, less than 200 grams.
26 893.135
27 (1)(c)1.a. 1st Trafficking in illegal drugs,
28 more than 4 grams, less than 14
29 grams.
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1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(j)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
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1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 Section 10. Sections 838.15, 838.16, and 839.25,
7 Florida Statutes, are repealed.
8 Section 11. Paragraph (e) of subsection (2) of section
9 112.3173, Florida Statutes, is amended to read:
10 112.3173 Felonies involving breach of public trust and
11 other specified offenses by public officers and employees;
12 forfeiture of retirement benefits.--
13 (2) DEFINITIONS.--As used in this section, unless the
14 context otherwise requires, the term:
15 (e) "Specified offense" means:
16 1. The committing, aiding, or abetting of an
17 embezzlement of public funds;
18 2. The committing, aiding, or abetting of any theft by
19 a public officer or employee from his or her employer;
20 3. Bribery in connection with the employment of a
21 public officer or employee;
22 4. Any felony specified in chapter 838, except ss.
23 838.15 and 838.16;
24 5. The committing of an impeachable offense; or
25 6. The committing of any felony by a public officer or
26 employee who, willfully and with intent to defraud the public
27 or the public agency for which the public officer or employee
28 acts or in which he or she is employed of the right to receive
29 the faithful performance of his or her duty as a public
30 officer or employee, realizes or obtains, or attempts to
31 realize or obtain, a profit, gain, or advantage for himself or
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1 herself or for some other person through the use or attempted
2 use of the power, rights, privileges, duties, or position of
3 his or her public office or employment position.
4 Section 12. Subsection (2) of section 112.534, Florida
5 Statutes, is amended to read:
6 112.534 Failure to comply; official misconduct.--
7 (2) All the provisions of s. 838.022 839.25 shall
8 apply to this part.
9 Section 13. Paragraph (d) of subsection (4) of section
10 117.01, Florida Statutes, is amended to read:
11 117.01 Appointment, application, suspension,
12 revocation, application fee, bond, and oath.--
13 (4) The Governor may suspend a notary public for any
14 of the grounds provided in s. 7, Art. IV of the State
15 Constitution. Grounds constituting malfeasance, misfeasance,
16 or neglect of duty include, but are not limited to, the
17 following:
18 (d) Official misconduct as defined in s. 838.022
19 839.25.
20 Section 14. Paragraph (f) of subsection (5) of section
21 121.091, Florida Statutes, is amended to read:
22 121.091 Benefits payable under the system.--Benefits
23 may not be paid under this section unless the member has
24 terminated employment as provided in s. 121.021(39)(a) or
25 begun participation in the Deferred Retirement Option Program
26 as provided in subsection (13), and a proper application has
27 been filed in the manner prescribed by the department. The
28 department may cancel an application for retirement benefits
29 when the member or beneficiary fails to timely provide the
30 information and documents required by this chapter and the
31 department's rules. The department shall adopt rules
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1 establishing procedures for application for retirement
2 benefits and for the cancellation of such application when the
3 required information or documents are not received.
4 (5) TERMINATION BENEFITS.--A member whose employment
5 is terminated prior to retirement retains membership rights to
6 previously earned member-noncontributory service credit, and
7 to member-contributory service credit, if the member leaves
8 the member contributions on deposit in his or her retirement
9 account. If a terminated member receives a refund of member
10 contributions, such member may reinstate membership rights to
11 the previously earned service credit represented by the refund
12 by completing 1 year of creditable service and repaying the
13 refunded member contributions, plus interest.
14 (f) Any member who has been found guilty by a verdict
15 of a jury, or by the court trying the case without a jury, of
16 committing, aiding, or abetting any embezzlement or theft from
17 his or her employer, bribery in connection with the
18 employment, or other felony specified in chapter 838, except
19 ss. 838.15 and 838.16, committed prior to retirement, or who
20 has entered a plea of guilty or of nolo contendere to such
21 crime, or any member whose employment is terminated by reason
22 of the member's admitted commitment, aiding, or abetting of an
23 embezzlement or theft from his or her employer, bribery, or
24 other felony specified in chapter 838, except ss. 838.15 and
25 838.16, shall forfeit all rights and benefits under this
26 chapter, except the return of his or her accumulated
27 contributions as of the date of termination.
28 Section 15. This act shall take effect October 1,
29 2002.
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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, commercial
12 bribery, and official misconduct. Expands jurisdiction of
the statewide grand jury to include violations of ch.
13 838, F.S.
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