HOUSE AMENDMENT Bill No. HB 847 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Gelber offered the following:
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14	Amendment (with title amendment)
15	Remove line(s) 45-301, and insert:
16	Section 2. Section 838.014, Florida Statutes, is amended
17	to read:
18	838.014 Definitions.--As used inFor the purposes ofthis
19	chapter, the termunless a different meaning plainly is
20	required:
21	(1) "Benefit" means gain or advantage, or anything
22	regarded by the person to be benefited as a gain or advantage,
23	including the doing of an act beneficial to any person in whose
24	welfare he or she is interested, including any commission, gift,
25	gratuity, property, commercial interest, or any other thing of
26	economic value not authorized by law.
27	(2) "Bid" includes a response to an "invitation to bid,"
28	"invitation to negotiate," "request for a quote," or "request
29	for proposals" as those terms are defined in s. 287.012.
30	(3) "Commodity" means any goods, merchandise, wares,
31	produce, chose in action, land, article of commerce, or other
32	tangible or intangible property, real, personal, or mixed, for
33	use, consumption, production, enjoyment, or resale.
34	(4) "Corruptly" or "with corrupt intent" means acting
35	knowingly and dishonestly for a wrongful purpose.
36	(5) "Harm" means pecuniary or other loss, disadvantage, or
37	injury to the person affected.
38	(6) "Public servant" means:
39	(a) Any officer or employee of a state, county, municipal,
40	or special district agency or entity;
41	(b) Any legislative or judicial officer or employee;
42	(c) Any person, except a witness, who acts as a master,
43	receiver, auditor, arbitrator, umpire, referee, consultant, or
44	hearing officer while performing a governmental function; or
45	(d) A candidate for election or appointment to any of the
46	positions listed in this subsection, or an individual who has
47	been elected to, but has yet to officially assume the
48	responsibilities of, public office.
49	(7) "Service" means any kind of activity performed in
50	whole or in part for economic benefit.
51	(2) "Pecuniary benefit" is benefit in the form of any
52	commission, gift, gratuity, property, commercial interest, or
53	any other thing of economic value.
54	(3) "Harm" means loss, disadvantage, or injury to the
55	person affected, including loss, disadvantage, or injury to any
56	other person in whose welfare he or she is interested.
57	(4) "Public servant" means any public officer, agent, or
58	employee of government, whether elected or appointed, including,
59	but not limited to, any executive, legislative, or judicial
60	officer; any person who holds an office or position in a
61	political party or political party committee, whether elected or
62	appointed; and any person participating as a special master,
63	receiver, auditor, juror, arbitrator, umpire, referee,
64	consultant, administrative law judge, hearing officer, or
65	hearing examiner, or person acting on behalf of any of these, in
66	performing a governmental function; but the term does not
67	include witnesses. Such term shall include a candidate for
68	election or appointment to any such office, including any
69	individual who seeks or intends to occupy any such office. It
70	shall include any person appointed to any of the foregoing
71	offices or employments before and after he or she qualifies.
72	(5) "Government" includes the state government and any
73	city or county government or any branch, political subdivision,
74	or agency of the state, county, or city government.
75	(6) "Corruptly" means done with a wrongful intent and for
76	the purpose of obtaining or compensating or receiving
77	compensation for any benefit resulting from some act or omission
78	of a public servant which is inconsistent with the proper
79	performance of his or her public duties.
80	Section 3. Subsections (1) and (3) of section 838.015,
81	Florida Statutes, are amended to read:
82	838.015 Bribery.--
83	(1) "Bribery" means corruptly to give, offer, or promise
84	to any public servant, or, if a public servant, corruptly to
85	request, solicit, accept, or agree to accept for himself or
86	herself or another, any pecuniary or other benefit not
87	authorized by lawwith an intent or purpose to influence the
88	performance of any act or omission which the person believes to
89	be, or the public servant represents as being, within the
90	official discretion of a public servant, in violation of a
91	public duty, or in performance of a public duty.
92	(3) Any person who commits bribery commitsis guilty ofa
93	felony of the secondthirddegree, punishable as provided in s.
94	775.082, s. 775.083, or s. 775.084.
95	Section 4. Subsection (4) of section 838.016, Florida
96	Statutes, is amended to read:
97	838.016 Unlawful compensation or reward for official
98	behavior.--
99	(4) Whoever violates the provisions of this section
100	commitsshall be guilty of a felony of the secondthirddegree,
101	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
102	Section 5. Sections 838.022, 838.20, 838.21, 838.22, and
103	838.23, Florida Statutes, are created to read:
104	838.022 Official misconduct.--
105	(1) It is unlawful for a public servant, with corrupt
106	intent to obtain a benefit for any person or to cause harm to
107	another, to:
108	(a) Falsify, or cause another person to falsify, any
109	official record or official document;
110	(b) Conceal, cover up, destroy, mutilate, or alter any
111	official record or official document or cause another person to
112	perform such an act; or
113	(c) Obstruct, delay, or prevent the communication of
114	information relating to the commission of a felony that directly
115	involves or affects the public agency or public entity served by
116	the public servant.
117	(2) For the purposes of this section:
118	(a) The term "public servant" does not include a candidate
119	who does not otherwise qualify as a public servant.
120	(b) An official record or official document includes only
121	public records.
122	(3) Any person who violates this section commits a felony
123	of the second degree, punishable as provided in s. 775.082, s.
124	775.083, or s. 775.084.
125	838.20 Criminal misuse of official position.--
126	(1) It is unlawful for any public officer or public
127	employee to corruptly use or attempt to use his or her official
128	position, or any public property or public resource that is
129	within his or her trust, to establish any business relationship
130	between the public officer's or public employee's own agency and
131	any business entity in which the public officer or public
132	employee receives or has an expectation of receiving a benefit.
133	(2) Any person who violates this section commits a felony
134	of the second degree, punishable as provided in s. 775.082, s.
135	775.083, or s. 775.084.
136	838.21 Disclosure or use of confidential criminal justice
137	information.--It is unlawful for a public servant, with intent
138	to obstruct, impede, or prevent a criminal investigation or a
139	criminal prosecution, to disclose active criminal investigative
140	or intelligence information as defined in chapter 119 or to
141	disclose or use information regarding either the efforts to
142	secure or the issuance of a warrant, subpoena, or other court
143	process or court order relating to a criminal investigation or
144	criminal prosecution when such information is not available to
145	the general public and is gained by reason of the public
146	servant's official position. Any person who violates this
147	section commits a felony of the third degree, punishable as
148	provided in s. 775.082, s. 775.083, or s. 775.084.
149	838.22 Bid tampering.--
150	(1) It is unlawful for a public servant, with corrupt
151	intent to influence or attempt to influence the competitive
152	bidding process undertaken by any state, county, municipal, or
153	special district agency, or any other public entity, for the
154	procurement of commodities or services, to:
155	(a) Disclose material information concerning a bid or
156	other aspects of the competitive bidding process when such
157	information is not publicly disclosed.
158	(b) Alter or amend a submitted bid, documents or other
159	materials supporting a submitted bid, or bid results for the
160	purpose of intentionally providing a competitive advantage to
161	any person who submits a bid.
162	(2) It is unlawful for a public servant, with corrupt
163	intent to obtain a benefit for any person or to cause unlawful
164	harm to another, to circumvent a competitive bidding process
165	required by law or rule by using a sole-source contract for
166	commodities or services.
167	(3) It is unlawful for any person to knowingly agree,
168	conspire, combine, or confederate, directly or indirectly, with
169	a public servant to violate subsection (1) or subsection (2).
170	(4) It is unlawful for any person to knowingly enter into
171	a contract for commodities or services which was secured by a
172	public servant acting in violation of subsection (1) or
173	subsection (2).
174	(5) Any person who violates this section commits a felony
175	of the second degree, punishable as provided in s. 775.082, s.
176	775.083, or s. 775.084.
177	838.23 Status of confidential informants and confidential
178	sources.--A person who provides information regarding suspected
179	criminal violations committed by a public servant as defined in
180	s. 838.014 shall be considered a confidential informant or
181	confidential source pursuant to s. 119.07(3)(c).
182	Section 6. Section 837.02, Florida Statutes, is amended to
183	read:
184	837.02 Perjury in official proceedings.--
185	(1) Except as provided in subsectionssubsection (2) and
186	(3), whoever makes a false statement, which he or she does not
187	believe to be true, under oath in an official proceeding in
188	regard to any material matter, commits a felony of the third
189	degree, punishable as provided in s. 775.082, s. 775.083, or s.
190	775.084.
191	(2) Whoever makes a false statement, which he or she does
192	not believe to be true, under oath in an official proceeding
193	that relates to the prosecution of a capital felony, commits a
194	felony of the second degree, punishable as provided in s.
195	775.082, s. 775.083, or s. 775.084.
196	(3) Any public servant, as defined in s. 838.014, who
197	gives false testimony, which he or she does not believe to be
198	true, under oath in an official proceeding in regard to any
199	material matter that relates to his or her duties or actions as
200	a public servant commits a felony of the second degree,
201	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
202	(4)(3)Knowledge of the materiality of the statement is
203	not an element of the crime of perjury under subsection (1),or
204	subsection (2), or subsection (3)and the defendant's mistaken
205	belief that the statement was not material is not a defense.
206
207	================= T I T L E A M E N D M E N T =================
208	Remove line(s) 12-30, and insert:
209	government; providing a popular name; amending s. 838.014, F.S.;
210	revising, providing, and deleting definitions; amending s.
211	838.015, F.S.; revising the definition of "bribery" and
212	increasing the penalty therefor; amending s. 838.016, F.S.;
213	increasing the penalty for unlawful compensation for official
214	behavior; creating ss. 838.022, 838.20, 838.21, 838.22, and
215	838.23, F.S.; providing criminal penalties for official
216	misconduct, criminal misuse of official position, disclosure or
217	use of confidential criminal justice information, and bid
218	tampering; providing definitions; providing status of
219	confidential informants and confidential sources; amending s.
220	837.02, F.S.; providing a criminal penalty for perjury in an
221	official proceeding by a public servant; amending s. 921.0022,
222	F.S.;