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A bill to be entitled |
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An act relating to offenses by public servants; providing |
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a popular name; amending s. 16.56, F.S.; authorizing the |
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Office of Statewide Prosecution to prosecute violations of |
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ch. 838, F.S.; amending s. 838.014, F.S.; revising, |
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providing, and deleting definitions; amending ss. 838.015 |
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and 838.016, F.S.; increasing penalties for bribery and |
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unlawful compensation for official behavior; creating ss. |
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838.022, 838.20, 838.21, 838.22, 838.23, and 838.24, F.S.; |
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providing criminal penalties for official misconduct, |
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criminal misuse of official position, disclosure or use of |
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confidential criminal justice information, and bid |
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tampering; providing definitions; providing status of |
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confidential informants and confidential sources; |
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authorizing public servants who are subjected to an |
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investigation for official misconduct to recover |
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attorney's fees; amending s. 837.02, F.S.; providing a |
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criminal penalty for perjury in an official proceeding by |
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a public servant; amending s. 905.34, F.S.; expanding the |
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jurisdiction of the statewide grand jury to include |
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violations of ch. 838, F.S.; amending s. 921.0022, F.S.; |
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deleting specified felonies from and adding specified |
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felonies to the Criminal Punishment Code offense severity |
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ranking chart; repealing s. 838.15, F.S., relating to |
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commercial bribe receiving; repealing s. 838.16, F.S., |
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relating to commercial bribery; repealing s. 839.25, F.S., |
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relating to official misconduct; amending ss. 112.3173, |
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112.534, 117.01, and 121.091, F.S.; deleting and |
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conforming cross references to changes made by the act; |
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providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. This act may be known by the popular name the |
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"Citizens' Right to Honest Government Act." |
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Section 2. Paragraph (a) of subsection (1) of section |
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16.56, Florida Statutes, is amended to read: |
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16.56 Office of Statewide Prosecution.-- |
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(1) There is created in the Department of Legal Affairs an |
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Office of Statewide Prosecution. The office shall be a separate |
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"budget entity" as that term is defined in chapter 216. The |
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office may: |
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(a) Investigate and prosecute the offenses of: |
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1. Bribery, any violation of chapter 838,burglary, |
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criminal usury, extortion, gambling, kidnapping, larceny, |
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murder, prostitution, perjury, robbery, carjacking, and home- |
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invasion robbery; |
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2. Any crime involving narcotic or other dangerous drugs; |
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3. Any violation of the provisions of the Florida RICO |
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(Racketeer Influenced and Corrupt Organization) Act, including |
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any offense listed in the definition of racketeering activity in |
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s. 895.02(1)(a), providing such listed offense is investigated |
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in connection with a violation of s. 895.03 and is charged in a |
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separate count of an information or indictment containing a |
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count charging a violation of s. 895.03, the prosecution of |
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which listed offense may continue independently if the |
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prosecution of the violation of s. 895.03 is terminated for any |
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reason; |
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4. Any violation of the provisions of the Florida Anti- |
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Fencing Act; |
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5. Any violation of the provisions of the Florida |
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Antitrust Act of 1980, as amended; |
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6. Any crime involving, or resulting in, fraud or deceit |
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upon any person; |
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7. Any violation of s. 847.0135, relating to computer |
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pornography and child exploitation prevention, or any offense |
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related to a violation of s. 847.0135; or |
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8. Any violation of the provisions of chapter 815; |
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or any attempt, solicitation, or conspiracy to commit any of the |
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crimes specifically enumerated above. The office shall have |
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such power only when any such offense is occurring, or has |
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occurred, in two or more judicial circuits as part of a related |
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transaction, or when any such offense is connected with an |
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organized criminal conspiracy affecting two or more judicial |
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circuits. |
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Section 3. Section 838.014, Florida Statutes, is amended |
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to read: |
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838.014 Definitions.--As used inFor the purposes ofthis |
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chapter, the termunless a different meaning plainly is |
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required: |
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(1) "Benefit" means gain or advantage, or anything |
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regarded by the person to be benefited as a gain or advantage, |
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including the doing of an act beneficial to any person in whose |
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welfare he or she is interested, including any commission, gift, |
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gratuity, property, commercial interest, or any other thing of |
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economic value. |
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(2) "Bid" includes a response to an "invitation to bid" or |
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"request for proposals" as those terms are defined in s. |
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287.012. |
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(3) "Commodity" means any goods, merchandise, wares, |
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produce, chose in action, land, article of commerce, or other |
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tangible or intangible property, real, personal, or mixed, for |
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use, consumption, production, enjoyment, or resale. |
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(4) "Corruptly" or "with corrupt intent" means done with |
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knowledge that the act is wrongful. |
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(5) "Harm" means pecuniary or other loss, disadvantage, or |
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injury to the person affected, including loss, disadvantage, or |
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injury to any other person in whose welfare he or she is |
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interested. |
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(6) "Public servant" means: |
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(a) Any officer or employee of a state, county, municipal, |
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or special district agency or entity; |
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(b) Any legislative or judicial officer or employee; |
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(c) Any officer, director, partner, manager, |
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representative, or employee of a nongovernmental entity that is |
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authorized by law or contract to perform a governmental function |
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or provide a governmental service on behalf of a state, county, |
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municipal, or special district agency or entity to the extent |
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that the individual's conduct relates to the performance of the |
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governmental function or provision of the governmental service; |
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(d) Any person, except a witness, who acts as a master, |
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receiver, auditor, juror, arbitrator, umpire, referee, |
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consultant, or hearing officer while performing a governmental |
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function; or |
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(e) A candidate for election or appointment to any of the |
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positions listed in this subsection, or an individual who has |
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been elected to, but has yet to officially assume the |
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responsibilities of, public office. |
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(7) "Service" means any kind of activity performed in |
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whole or in part for economic benefit. |
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(2) "Pecuniary benefit" is benefit in the form of any |
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commission, gift, gratuity, property, commercial interest, or |
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any other thing of economic value.
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(3) "Harm" means loss, disadvantage, or injury to the |
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person affected, including loss, disadvantage, or injury to any |
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other person in whose welfare he or she is interested.
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(4) "Public servant" means any public officer, agent, or |
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employee of government, whether elected or appointed, including, |
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but not limited to, any executive, legislative, or judicial |
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officer; any person who holds an office or position in a |
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political party or political party committee, whether elected or |
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appointed; and any person participating as a special master, |
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receiver, auditor, juror, arbitrator, umpire, referee, |
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consultant, administrative law judge, hearing officer, or |
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hearing examiner, or person acting on behalf of any of these, in |
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performing a governmental function; but the term does not |
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include witnesses. Such term shall include a candidate for |
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election or appointment to any such office, including any |
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individual who seeks or intends to occupy any such office. It |
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shall include any person appointed to any of the foregoing |
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offices or employments before and after he or she qualifies.
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(5) "Government" includes the state government and any |
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city or county government or any branch, political subdivision, |
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or agency of the state, county, or city government.
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(6) "Corruptly" means done with a wrongful intent and for |
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the purpose of obtaining or compensating or receiving |
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compensation for any benefit resulting from some act or omission |
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of a public servant which is inconsistent with the proper |
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performance of his or her public duties. |
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Section 4. Subsection (3) of section 838.015, Florida |
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Statutes, is amended to read: |
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838.015 Bribery.-- |
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(3) Any person who commits bribery commitsis guilty ofa |
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felony of the secondthirddegree, punishable as provided in s. |
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775.082, s. 775.083, or s. 775.084. |
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Section 5. Subsection (4) of section 838.016, Florida |
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Statutes, is amended to read: |
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838.016 Unlawful compensation or reward for official |
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behavior.-- |
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(4) Whoever violates the provisions of this section |
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commitsshall be guilty of a felony of the secondthirddegree, |
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
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Section 6. Sections 838.022, 838.20, 838.21, 838.22, |
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838.23, and 838.24, Florida Statutes, are created to read: |
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838.022 Official misconduct.-- |
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(1) It is unlawful for a public servant, with corrupt |
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intent to obtain a benefit for any person or to cause harm to |
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another, to: |
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(a) Falsify, or cause another person to falsify, any |
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official record or official document; |
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(b) Conceal, cover up, destroy, mutilate, or alter any |
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official record or official document or cause another person to |
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perform such an act; or |
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(c) Obstruct, delay, or prevent the communication of |
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information relating to the commission of a felony that directly |
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involves or affects the public agency or public entity served by |
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the public servant. |
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(2) For the purposes of this section:
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(a) The term "public servant" does not include a candidate |
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who does not otherwise qualify as a public servant.
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(b) An official record or official document includes only |
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public records. |
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(3) Any person who violates this section commits a felony |
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of the second degree, punishable as provided in s. 775.082, s. |
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775.083, or s. 775.084. |
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838.20 Criminal misuse of official position.-- |
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(1) It is unlawful for any public officer or public |
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employee to corruptly use or attempt to use his or her official |
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position, or any public property or public resource that is |
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within his or her trust, to establish any business relationship |
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between the public officer's or public employee's own agency and |
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any business entity in which the public officer or public |
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employee receives or has an expectation of receiving a benefit. |
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(2) Any person who violates this section commits a felony |
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of the second degree, punishable as provided in s. 775.082, s. |
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775.083, or s. 775.084. |
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838.21 Disclosure or use of confidential criminal justice |
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information.--It is unlawful for a public servant, with intent |
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to obstruct, impede, or prevent a criminal investigation or a |
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criminal prosecution, to disclose active criminal investigative |
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or intelligence information as defined in chapter 119 or to |
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disclose or use information regarding either the efforts to |
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secure or the issuance of a warrant, subpoena, or other court |
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process or court order relating to a criminal investigation or |
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criminal prosecution when such information is not available to |
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the general public and is gained by reason of the public |
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servant's official position. Any person who violates this |
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section commits a felony of the third degree, punishable as |
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provided in s. 775.082, s. 775.083, or s. 775.084. |
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838.22 Bid tampering.-- |
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(1) It is unlawful for a public servant, with corrupt |
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intent to influence or attempt to influence the competitive |
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bidding process undertaken by any state, county, municipal, or |
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special district agency, or any other public entity, for the |
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procurement of commodities or services, to: |
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(a) Disclose material information concerning a bid or |
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other aspects of the competitive bidding process when such |
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information is not publicly disclosed. |
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(b) Establish a bid specification, contract specification, |
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request for proposal, invitation to bid, or other material |
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aspect of the competitive bidding process that provides an |
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unfair competitive advantage to any person who submits a bid. |
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(c) Alter or amend a submitted bid, documents or other |
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materials supporting a submitted bid, or bid results for the |
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purpose of providing an unfair competitive advantage to any |
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person who submits a bid. |
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(2) It is unlawful for a public servant, with corrupt |
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intent to obtain a benefit for any person or to cause unlawful |
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harm to another, to circumvent a competitive bidding process |
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required by law or rule by using a sole-source contract for |
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commodities or services. |
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(3) It is unlawful for any person to knowingly agree, |
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conspire, combine, or confederate, directly or indirectly, with |
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a public servant to violate subsection (1) or subsection (2). |
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(4) It is unlawful for any person to knowingly enter into |
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a contract for commodities or services which was secured by a |
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public servant acting in violation of subsection (1) or |
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subsection (2). |
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(5) Any person who violates this section commits a felony |
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of the second degree, punishable as provided in s. 775.082, s. |
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775.083, or s. 775.084. |
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838.23 Status of confidential informants and confidential |
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sources.--A person who provides information regarding suspected |
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criminal violations committed by a public servant as defined in |
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s. 838.014 shall be considered a confidential informant or |
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confidential source pursuant to s. 119.07(3)(c). |
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838.24 Attorney's fees.--If a public servant is arrested |
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or prosecuted for an alleged violation of this chapter and |
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either the criminal charges are dismissed or the public servant |
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is acquitted, the public servant may petition the employing |
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public agency to award reasonable attorney's fees and costs |
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incurred by the public servant in defending against those |
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charges. The employing public agency may award reasonable |
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attorney's fees to the public servant upon a finding that the |
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public servant's actions arose out of or in connection with the |
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performance of his or her official duties and served a public |
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purpose. |
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Section 7. Section 837.02, Florida Statutes, is amended to |
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read: |
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837.02 Perjury in official proceedings.-- |
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(1) Except as provided in subsectionssubsection (2) and |
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(3), whoever makes a false statement, which he or she does not |
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believe to be true, under oath in an official proceeding in |
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regard to any material matter, commits a felony of the third |
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degree, punishable as provided in s. 775.082, s. 775.083, or s. |
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775.084. |
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(2) Whoever makes a false statement, which he or she does |
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not believe to be true, under oath in an official proceeding |
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that relates to the prosecution of a capital felony, commits a |
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felony of the second degree, punishable as provided in s. |
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775.082, s. 775.083, or s. 775.084. |
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(3) Any public servant, as defined in s. 838.014, who |
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makes a false statement, which he or she does not believe to be |
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true, under oath in an official proceeding in regard to any |
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material matter that relates to his or her duties or actions as |
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a public servant commits a felony of the second degree, |
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
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(4)(3)Knowledge of the materiality of the statement is |
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not an element of the crime of perjury under subsection (1),or |
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subsection (2), or subsection (3)and the defendant's mistaken |
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belief that the statement was not material is not a defense. |
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Section 8. Subsection (1) of section 905.34, Florida |
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Statutes, is amended to read: |
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905.34 Powers and duties; law applicable.--The |
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jurisdiction of a statewide grand jury impaneled under this |
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chapter shall extend throughout the state. The subject matter |
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jurisdiction of the statewide grand jury shall be limited to the |
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offenses of: |
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(1) Bribery, any violation of chapter 838,burglary, |
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carjacking, home-invasion robbery, criminal usury, extortion, |
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gambling, kidnapping, larceny, murder, prostitution, perjury, |
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and robbery; |
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or any attempt, solicitation, or conspiracy to commit any |
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violation of the crimes specifically enumerated above, when any |
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such offense is occurring, or has occurred, in two or more |
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judicial circuits as part of a related transaction or when any |
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such offense is connected with an organized criminal conspiracy |
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affecting two or more judicial circuits. The statewide grand |
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jury may return indictments and presentments irrespective of the |
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county or judicial circuit where the offense is committed or |
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triable. If an indictment is returned, it shall be certified |
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and transferred for trial to the county where the offense was |
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committed. The powers and duties of, and law applicable to, |
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county grand juries shall apply to a statewide grand jury except |
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when such powers, duties, and law are inconsistent with the |
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provisions of ss. 905.31-905.40. |
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Section 9. Paragraphs (a), (f), and (g) of subsection (3) |
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of section 921.0022, Florida Statutes, are amended to read: |
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921.0022 Criminal Punishment Code; offense severity |
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ranking chart.-- |
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(3) OFFENSE SEVERITY RANKING CHART |
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| FloridaStatute | FelonyDegree | Description |
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315
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316
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| 24.118(3)(a) | 3rd | Counterfeit or altered state lottery ticket. |
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317
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| 212.054(2)(b) | 3rd | Discretionary sales surtax; limitations, administration, and collection. |
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318
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| 212.15(2)(b) | 3rd | Failure to remit sales taxes, amount greater than $300 but less than $20,000. |
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319
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| 319.30(5) | 3rd | Sell, exchange, give away certificate of title or identification number plate. |
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320
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| 319.35(1)(a) | 3rd | Tamper, adjust, change, etc., an odometer. |
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321
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| 320.26(1)(a) | 3rd | Counterfeit, manufacture, or sell registration license plates or validation stickers. |
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322
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| 322.212(1)(a)-(c) | 3rd | Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification. |
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323
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| 322.212(4) | 3rd | Supply or aid in supplying unauthorized driver's license or identification card. |
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324
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| 322.212(5)(a) | 3rd | False application for driver's license or identification card. |
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325
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| 370.13(3)(a) | 3rd | Molest any stone crab trap, line, or buoy which is property of licenseholder. |
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326
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| 370.135(1) | 3rd | Molest any blue crab trap, line, or buoy which is property of licenseholder. |
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327
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| 372.663(1) | 3rd | Poach any alligator or crocodilia. |
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328
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| 414.39(2) | 3rd | Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200. |
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329
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| 414.39(3)(a) | 3rd | Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. |
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330
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| 443.071(1) | 3rd | False statement or representation to obtain or increase unemployment compensation benefits. |
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331
|
| 509.151(1) | 3rd | Defraud an innkeeper, food or lodging value greater than $300. |
|
|
332
|
| 517.302(1) | 3rd | Violation of the Florida Securities and Investor Protection Act. |
|
|
333
|
| 562.27(1) | 3rd | Possess still or still apparatus. |
|
|
334
|
| 713.69 | 3rd | Tenant removes property upon which lien has accrued, value more than $50. |
|
|
335
|
| 812.014(3)(c) | 3rd | Petit theft (3rd conviction); theft of any property not specified in subsection (2). |
|
|
336
|
| 812.081(2) | 3rd | Unlawfully makes or causes to be made a reproduction of a trade secret. |
|
|
337
|
| 815.04(4)(a) | 3rd | Offense against intellectual property (i.e., computer programs, data). |
|
|
338
|
| 817.52(2) | 3rd | Hiring with intent to defraud, motor vehicle services. |
|
|
339
|
| 817.569(2) | 3rd | Use of public record or public records information to facilitate commission of a felony. |
|
|
340
|
|
|
341
|
| 828.122(3) | 3rd | Fighting or baiting animals. |
|
|
342
|
| 831.04(1) | 3rd | Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. |
|
|
343
|
| 831.31(1)(a) | 3rd | Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. |
|
|
344
|
| 832.041(1) | 3rd | Stopping payment with intent to defraud $150 or more. |
|
|
345
|
| 832.05(2)(b)& (4)(c) | 3rd | Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. |
|
|
346
|
|
|
347
|
838.016(1) | 3rd | Public servant receiving unlawful compensation. |
|
|
348
|
838.15(2) | 3rd | Commercial bribe receiving. |
|
|
349
|
838.16 | 3rd | Commercial bribery. |
|
|
350
|
| 843.18 | 3rd | Fleeing by boat to elude a law enforcement officer. |
|
|
351
|
| 847.011(1)(a) | 3rd | Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). |
|
|
352
|
| 849.01 | 3rd | Keeping gambling house. |
|
|
353
|
| 849.09(1)(a)-(d) | 3rd | Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. |
|
|
354
|
| 849.23 | 3rd | Gambling-related machines; "common offender" as to property rights. |
|
|
355
|
| 849.25(2) | 3rd | Engaging in bookmaking. |
|
|
356
|
| 860.08 | 3rd | Interfere with a railroad signal. |
|
|
357
|
| 860.13(1)(a) | 3rd | Operate aircraft while under the influence. |
|
|
358
|
| 893.13(2)(a)2. | 3rd | Purchase of cannabis. |
|
|
359
|
| 893.13(6)(a) | 3rd | Possession of cannabis (more than 20 grams). |
|
|
360
|
| 934.03(1)(a) | 3rd | Intercepts, or procures any other person to intercept, any wire or oral communication. |
|
|
361
|
|
|
362
|
| 316.027(1)(b) | 2nd | Accident involving death, failure to stop; leaving scene. |
|
|
363
|
| 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
|
364
|
| 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
|
365
|
| 775.21(10) | 3rd | Sexual predators; failure to register; failure to renew driver's license or identification card. |
|
|
366
|
| 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
|
367
|
| 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
|
368
|
| 784.041 | 3rd | Felony battery. |
|
|
369
|
| 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
|
370
|
| 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
|
371
|
| 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
|
372
|
| 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
|
373
|
| 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
|
374
|
| 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
|
375
|
| 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
|
376
|
| 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
|
377
|
| 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
|
378
|
| 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
|
379
|
| 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
|
380
|
| 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
|
381
|
| 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
|
382
|
| 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
|
383
|
| 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
|
384
|
| 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
|
385
|
| 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
|
386
|
| 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
|
387
|
| 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
|
388
|
| 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
|
389
|
| 812.014(2)(b)2. | 2nd | Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree. |
|
|
390
|
| 812.015(9) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
|
391
|
| 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
|
392
|
| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
|
393
|
| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
|
394
|
| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
|
395
|
| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
|
396
|
| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
|
397
|
| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
|
398
|
| 827.03(1) | 3rd | Abuse of a child. |
|
|
399
|
| 827.03(3)(c) | 3rd | Neglect of a child. |
|
|
400
|
| 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
|
401
|
| 836.05 | 2nd | Threats; extortion. |
|
|
402
|
| 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
|
403
|
| 838.21 | 3rd | Disclosure or use of confidential criminal justice information. |
|
|
404
|
| 843.12 | 3rd | Aids or assists person to escape. |
|
|
405
|
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
|
406
|
| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
|
407
|
| 943.0435(9) | 3rd | Sex offenders; failure to comply with reporting requirements. |
|
|
408
|
| 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
|
|
409
|
|
|
410
|
| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
|
411
|
| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
|
412
|
| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
|
413
|
|
|
414
|
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
|
415
|
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
|
416
|
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
|
417
|
| 409.920(2) | 3rd | Medicaid provider fraud. |
|
|
418
|
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
|
419
|
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
|
420
|
| 458.327(1) | 3rd | Practicing medicine without a license. |
|
|
421
|
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
|
422
|
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
|
423
|
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
|
424
|
| 462.17 | 3rd | Practicing naturopathy without a license. |
|
|
425
|
| 463.015(1) | 3rd | Practicing optometry without a license. |
|
|
426
|
| 464.016(1) | 3rd | Practicing nursing without a license. |
|
|
427
|
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
|
428
|
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
|
429
|
| 467.201 | 3rd | Practicing midwifery without a license. |
|
|
430
|
| 468.366 | 3rd | Delivering respiratory care services without a license. |
|
|
431
|
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
|
432
|
| 483.901(9) | 3rd | Practicing medical physics without a license. |
|
|
433
|
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
|
434
|
| 484.053 | 3rd | Dispensing hearing aids without a license. |
|
|
435
|
| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
|
436
|
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
|
437
|
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
|
438
|
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
|
439
|
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
|
440
|
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
|
441
|
| 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
|
442
|
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
|
443
|
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
|
444
|
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
|
445
|
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
|
446
|
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
|
447
|
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
|
448
|
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
|
449
|
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
|
450
|
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
|
451
|
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
|
452
|
| 784.083(1) | 1st | Aggravated battery on code inspector. |
|
|
453
|
| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
|
454
|
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
|
455
|
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
|
456
|
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
|
457
|
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
|
458
|
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
|
459
|
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
|
460
|
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
|
461
|
| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
|
462
|
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
|
463
|
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
|
464
|
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
|
465
|
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
|
466
|
| 812.014(2)(a) | 1st | Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft. |
|
|
467
|
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
|
468
|
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
|
469
|
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
|
470
|
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
|
471
|
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
|
472
|
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
|
473
|
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
|
474
|
| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
|
475
|
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
|
476
|
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
|
477
|
| 837.02(3) | 2nd | Perjury by a public servant in an official proceeding. |
|
|
478
|
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
|
479
|
|
|
480
|
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
|
481
|
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
|
482
|
| 838.022 | 2nd | Official misconduct. |
|
|
483
|
@_@169@_@
|
|
484
|
@_@170@_@
|
|
485
|
| 872.06 | 2nd | Abuse of a dead human body. |
|
|
486
|
| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility or school. |
|
|
487
|
| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
|
|
488
|
| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
|
489
|
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
|
490
|
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
|
491
|
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
|
492
|
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
|
493
|
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
|
494
|
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
|
495
|
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
|
496
|
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
|
497
|
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
|
498
|
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
|
499
|
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
|
500
|
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
|
501
|
Section 10. Sections 838.15, 838.16, and 839.25, Florida |
|
502
|
Statutes, are repealed. |
|
503
|
Section 11. Paragraph (e) of subsection (2) of section |
|
504
|
112.3173, Florida Statutes, is amended to read: |
|
505
|
112.3173 Felonies involving breach of public trust and |
|
506
|
other specified offenses by public officers and employees; |
|
507
|
forfeiture of retirement benefits.-- |
|
508
|
(2) DEFINITIONS.--As used in this section, unless the |
|
509
|
context otherwise requires, the term: |
|
510
|
(e) "Specified offense" means: |
|
511
|
1. The committing, aiding, or abetting of an embezzlement |
|
512
|
of public funds; |
|
513
|
2. The committing, aiding, or abetting of any theft by a |
|
514
|
public officer or employee from his or her employer; |
|
515
|
3. Bribery in connection with the employment of a public |
|
516
|
officer or employee; |
|
517
|
4. Any felony specified in chapter 838, except ss. 838.15 |
|
518
|
and 838.16; |
|
519
|
5. The committing of an impeachable offense; or |
|
520
|
6. The committing of any felony by a public officer or |
|
521
|
employee who, willfully and with intent to defraud the public or |
|
522
|
the public agency for which the public officer or employee acts |
|
523
|
or in which he or she is employed of the right to receive the |
|
524
|
faithful performance of his or her duty as a public officer or |
|
525
|
employee, realizes or obtains, or attempts to realize or obtain, |
|
526
|
a profit, gain, or advantage for himself or herself or for some |
|
527
|
other person through the use or attempted use of the power, |
|
528
|
rights, privileges, duties, or position of his or her public |
|
529
|
office or employment position. |
|
530
|
Section 12. Subsection (2) of section 112.534, Florida |
|
531
|
Statutes, is amended to read: |
|
532
|
112.534 Failure to comply; official misconduct.-- |
|
533
|
(2) All the provisions of s. 838.022839.25shall apply to |
|
534
|
this part. |
|
535
|
Section 13. Paragraph (d) of subsection (4) of section |
|
536
|
117.01, Florida Statutes, is amended to read: |
|
537
|
117.01 Appointment, application, suspension, revocation, |
|
538
|
application fee, bond, and oath.-- |
|
539
|
(4) The Governor may suspend a notary public for any of |
|
540
|
the grounds provided in s. 7, Art. IV of the State Constitution. |
|
541
|
Grounds constituting malfeasance, misfeasance, or neglect of |
|
542
|
duty include, but are not limited to, the following: |
|
543
|
(d) Official misconduct as defined in s. 838.022839.25. |
|
544
|
Section 14. Paragraph (f) of subsection (5) of section |
|
545
|
121.091, Florida Statutes, is amended to read: |
|
546
|
121.091 Benefits payable under the system.--Benefits may |
|
547
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not be paid under this section unless the member has terminated |
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548
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employment as provided in s. 121.021(39)(a) or begun |
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549
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participation in the Deferred Retirement Option Program as |
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550
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provided in subsection (13), and a proper application has been |
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551
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filed in the manner prescribed by the department. The department |
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552
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may cancel an application for retirement benefits when the |
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553
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member or beneficiary fails to timely provide the information |
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554
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and documents required by this chapter and the department's |
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555
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rules. The department shall adopt rules establishing procedures |
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for application for retirement benefits and for the cancellation |
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557
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of such application when the required information or documents |
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are not received. |
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(5) TERMINATION BENEFITS.--A member whose employment is |
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terminated prior to retirement retains membership rights to |
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previously earned member-noncontributory service credit, and to |
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562
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member-contributory service credit, if the member leaves the |
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563
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member contributions on deposit in his or her retirement |
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564
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account. If a terminated member receives a refund of member |
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565
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contributions, such member may reinstate membership rights to |
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566
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the previously earned service credit represented by the refund |
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567
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by completing 1 year of creditable service and repaying the |
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568
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refunded member contributions, plus interest. |
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569
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(f) Any member who has been found guilty by a verdict of a |
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570
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jury, or by the court trying the case without a jury, of |
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571
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committing, aiding, or abetting any embezzlement or theft from |
|
572
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his or her employer, bribery in connection with the employment, |
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573
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or other felony specified in chapter 838, except ss. 838.15 and |
|
574
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838.16,committed prior to retirement, or who has entered a plea |
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575
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of guilty or of nolo contendere to such crime, or any member |
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576
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whose employment is terminated by reason of the member's |
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577
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admitted commitment, aiding, or abetting of an embezzlement or |
|
578
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theft from his or her employer, bribery, or other felony |
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579
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specified in chapter 838, except ss. 838.15 and 838.16,shall |
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580
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forfeit all rights and benefits under this chapter, except the |
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581
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return of his or her accumulated contributions as of the date of |
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termination. |
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Section 15. This act shall take effect October 1, 2003. |