HOUSE AMENDMENT Bill No. HB 847 CS
1	CHAMBER ACTION
2	Senate House
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12	Representatives Goodlette and Gelber offered the following:
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14	Substitute Amendment for Amendment (746731) (with title
15	amendment)
16	Remove line(s) 45-573, and insert:
17	Section 2. Section 838.014, Florida Statutes, is amended
18	to read:
19	838.014 Definitions.--As used inFor the purposes ofthis
20	chapter, the termunless a different meaning plainly is
21	required:
22	(1) "Benefit" means gain or advantage, or anything
23	regarded by the person to be benefited as a gain or advantage,
24	including the doing of an act beneficial to any person in whose
25	welfare he or she is interested, including any commission, gift,
26	gratuity, property, commercial interest, or any other thing of
27	economic value not authorized by law.
28	(2) "Bid" includes a response to an "invitation to bid,"
29	"invitation to negotiate," "request for a quote," or "request
30	for proposals" as those terms are defined in s. 287.012.
31	(3) "Commodity" means any goods, merchandise, wares,
32	produce, chose in action, land, article of commerce, or other
33	tangible or intangible property, real, personal, or mixed, for
34	use, consumption, production, enjoyment, or resale.
35	(4) "Corruptly" or "with corrupt intent" means acting
36	knowingly and dishonestly for a wrongful purpose.
37	(5) "Harm" means pecuniary or other loss, disadvantage, or
38	injury to the person affected.
39	(6) "Public servant" means:
40	(a) Any officer or employee of a state, county, municipal,
41	or special district agency or entity;
42	(b) Any legislative or judicial officer or employee;
43	(c) Any person, except a witness, who acts as a master,
44	receiver, auditor, arbitrator, umpire, referee, consultant, or
45	hearing officer while performing a governmental function; or
46	(d) A candidate for election or appointment to any of the
47	positions listed in this subsection, or an individual who has
48	been elected to, but has yet to officially assume the
49	responsibilities of, public office.
50	(7) "Service" means any kind of activity performed in
51	whole or in part for economic benefit.
52	(2) "Pecuniary benefit" is benefit in the form of any
53	commission, gift, gratuity, property, commercial interest, or
54	any other thing of economic value.
55	(3) "Harm" means loss, disadvantage, or injury to the
56	person affected, including loss, disadvantage, or injury to any
57	other person in whose welfare he or she is interested.
58	(4) "Public servant" means any public officer, agent, or
59	employee of government, whether elected or appointed, including,
60	but not limited to, any executive, legislative, or judicial
61	officer; any person who holds an office or position in a
62	political party or political party committee, whether elected or
63	appointed; and any person participating as a special master,
64	receiver, auditor, juror, arbitrator, umpire, referee,
65	consultant, administrative law judge, hearing officer, or
66	hearing examiner, or person acting on behalf of any of these, in
67	performing a governmental function; but the term does not
68	include witnesses. Such term shall include a candidate for
69	election or appointment to any such office, including any
70	individual who seeks or intends to occupy any such office. It
71	shall include any person appointed to any of the foregoing
72	offices or employments before and after he or she qualifies.
73	(5) "Government" includes the state government and any
74	city or county government or any branch, political subdivision,
75	or agency of the state, county, or city government.
76	(6) "Corruptly" means done with a wrongful intent and for
77	the purpose of obtaining or compensating or receiving
78	compensation for any benefit resulting from some act or omission
79	of a public servant which is inconsistent with the proper
80	performance of his or her public duties.
81	Section 3. Subsections (1) and (3) of section 838.015,
82	Florida Statutes, are amended to read:
83	838.015 Bribery.--
84	(1) "Bribery" means corruptly to give, offer, or promise
85	to any public servant, or, if a public servant, corruptly to
86	request, solicit, accept, or agree to accept for himself or
87	herself or another, any pecuniary or other benefit not
88	authorized by lawwith an intent or purpose to influence the
89	performance of any act or omission which the person believes to
90	be, or the public servant represents as being, within the
91	official discretion of a public servant, in violation of a
92	public duty, or in performance of a public duty.
93	(3) Any person who commits bribery commitsis guilty ofa
94	felony of the secondthirddegree, punishable as provided in s.
95	775.082, s. 775.083, or s. 775.084.
96	Section 4. Subsection (4) of section 838.016, Florida
97	Statutes, is amended to read:
98	838.016 Unlawful compensation or reward for official
99	behavior.--
100	(4) Whoever violates the provisions of this section
101	commitsshall be guilty of a felony of the secondthirddegree,
102	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
103	Section 5. Sections 838.022, 838.21, and 838.22, Florida
104	Statutes, are created to read:
105	838.022 Official misconduct.--
106	(1) It is unlawful for a public servant, with corrupt
107	intent to obtain a benefit for any person or to cause harm to
108	another, to:
109	(a) Falsify, or cause another person to falsify, any
110	official record or official document;
111	(b) Conceal, cover up, destroy, mutilate, or alter any
112	official record or official document or cause another person to
113	perform such an act; or
114	(c) Obstruct, delay, or prevent the communication of
115	information relating to the commission of a felony that directly
116	involves or affects the public agency or public entity served by
117	the public servant.
118	(2) For the purposes of this section:
119	(a) The term "public servant" does not include a candidate
120	who does not otherwise qualify as a public servant.
121	(b) An official record or official document includes only
122	public records.
123	(3) Any person who violates this section commits a felony
124	of the third degree, punishable as provided in s. 775.082, s.
125	775.083, or s. 775.084.
126	838.21 Disclosure or use of confidential criminal justice
127	information.--It is unlawful for a public servant, with intent
128	to obstruct, impede, or prevent a criminal investigation or a
129	criminal prosecution, to disclose active criminal investigative
130	or intelligence information as defined in chapter 119 or to
131	disclose or use information regarding either the efforts to
132	secure or the issuance of a warrant, subpoena, or other court
133	process or court order relating to a criminal investigation or
134	criminal prosecution when such information is not available to
135	the general public and is gained by reason of the public
136	servant's official position. Any person who violates this
137	section commits a felony of the third degree, punishable as
138	provided in s. 775.082, s. 775.083, or s. 775.084.
139	838.22 Bid tampering.--
140	(1) It is unlawful for a public servant, with corrupt
141	intent to influence or attempt to influence the competitive
142	bidding process undertaken by any state, county, municipal, or
143	special district agency, or any other public entity, for the
144	procurement of commodities or services, to:
145	(a) Disclose material information concerning a bid or
146	other aspects of the competitive bidding process when such
147	information is not publicly disclosed.
148	(b) Alter or amend a submitted bid, documents or other
149	materials supporting a submitted bid, or bid results for the
150	purpose of intentionally providing a competitive advantage to
151	any person who submits a bid.
152	(2) It is unlawful for a public servant, with corrupt
153	intent to obtain a benefit for any person or to cause unlawful
154	harm to another, to circumvent a competitive bidding process
155	required by law or rule by using a sole-source contract for
156	commodities or services.
157	(3) It is unlawful for any person to knowingly agree,
158	conspire, combine, or confederate, directly or indirectly, with
159	a public servant to violate subsection (1) or subsection (2).
160	(4) It is unlawful for any person to knowingly enter into
161	a contract for commodities or services which was secured by a
162	public servant acting in violation of subsection (1) or
163	subsection (2).
164	(5) Any person who violates this section commits a felony
165	of the second degree, punishable as provided in s. 775.082, s.
166	775.083, or s. 775.084.
167	Section 6. Section 837.02, Florida Statutes, is amended to
168	read:
169	837.02 Perjury in official proceedings.--
170	(1) Except as provided in subsectionssubsection (2) and
171	(3), whoever makes a false statement, which he or she does not
172	believe to be true, under oath in an official proceeding in
173	regard to any material matter, commits a felony of the third
174	degree, punishable as provided in s. 775.082, s. 775.083, or s.
175	775.084.
176	(2) Whoever makes a false statement, which he or she does
177	not believe to be true, under oath in an official proceeding
178	that relates to the prosecution of a capital felony, commits a
179	felony of the second degree, punishable as provided in s.
180	775.082, s. 775.083, or s. 775.084.
181	(3) Any public servant, as defined in s. 838.014, who
182	gives false testimony, which he or she does not believe to be
183	true, under oath in an official proceeding in regard to any
184	material matter that relates to his or her duties or actions as
185	a public servant commits a felony of the second degree,
186	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
187	(4)(3)Knowledge of the materiality of the statement is
188	not an element of the crime of perjury under subsection (1),or
189	subsection (2), or subsection (3)and the defendant's mistaken
190	belief that the statement was not material is not a defense.
191	Section 7. Paragraphs (a), (f), and (g) of subsection (3)
192	of section 921.0022, Florida Statutes, are amended to read:
193	921.0022 Criminal Punishment Code; offense severity
194	ranking chart.--
195
196	(3) OFFENSE SEVERITY RANKING CHART
197	@_@1@_@843.12 3rd Aids or assists person to escape.
198	@_@3@_@827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
199	@_@5@_@838.22 2nd Bid tampering.
200	Section 8. Section 839.25, Florida Statutes, is repealed.
201	Section 9. Subsection (2) of section 112.534, Florida
202	Statutes, is amended to read:
203	112.534 Failure to comply; official misconduct.--
204	(2) All the provisions of s. 838.022839.25shall apply to
205	this part.
206	Section 10. Paragraph (d) of subsection (4) of section
207	117.01, Florida Statutes, is amended to read:
208	117.01 Appointment, application, suspension, revocation,
209	application fee, bond, and oath.--
210	(4) The Governor may suspend a notary public for any of
211	the grounds provided in s. 7, Art. IV of the State Constitution.
212	Grounds constituting malfeasance, misfeasance, or neglect of
213	duty include, but are not limited to, the following:
214	(d) Official misconduct as defined in s. 838.022839.25.
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216	================= T I T L E A M E N D M E N T =================
217	Remove line(s) 12-38, and insert:
218	government; providing a popular name; amending s. 838.014, F.S.;
219	revising, providing, and deleting definitions; amending s.
220	838.015, F.S.; revising the definition of "bribery" and
221	increasing the penalty therefor; amending s. 838.016, F.S.;
222	increasing the penalty for unlawful compensation for official
223	behavior; creating ss. 838.022, 838.21, and 838.22, F.S.;
224	providing criminal penalties for official misconduct, disclosure
225	or use of confidential criminal justice information, and bid
226	tampering; providing definitions; providing status of
227	confidential informants and confidential sources; amending s.
228	837.02, F.S.; providing a criminal penalty for perjury in an
229	official proceeding by a public servant; amending s. 921.0022,
230	F.S.; deleting specified felonies from and adding specified
231	felonies to the Criminal Punishment Code offense severity
232	ranking chart; repealing s. 839.25, F.S., relating to official
233	misconduct; amending ss. 112.534 and 117.01, F.S.; conforming
234	cross references to changes made by the act;
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