HB 0847, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to violations of citizens' right to honest
3	government; providing a popular name; amending s. 838.014, F.S.;
4	revising, providing, and deleting definitions; amending s.
5	838.015, F.S.; revising the definition of "bribery" and
6	increasing the penalty therefor; amending s. 838.016, F.S.;
7	increasing the penalty for unlawful compensation for official
8	behavior; creating ss. 838.022, 838.21, and 838.22, F.S.;
9	providing criminal penalties for official misconduct, disclosure
10	or use of confidential criminal justice information, and bid
11	tampering; providing definitions; providing status of
12	confidential informants and confidential sources; amending s.
13	921.0022, F.S.; deleting specified felonies from and adding
14	specified felonies to the Criminal Punishment Code offense
15	severity ranking chart; repealing s. 839.25, F.S., relating to
16	official misconduct; amending ss. 112.534 and 117.01, F.S.;
17	conforming cross references to changes made by the act;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. This act may be known by the popular name the
23	"Paul Mendelson Citizens' Right to Honest Government Act."
24	Section 2. Section 838.014, Florida Statutes, is amended
25	to read:
26	838.014 Definitions.--As used inFor the purposes ofthis
27	chapter, the termunless a different meaning plainly is
28	required:
29	(1) "Benefit" means gain or advantage, or anything
30	regarded by the person to be benefited as a gain or advantage,
31	including the doing of an act beneficial to any person in whose
32	welfare he or she is interested, including any commission, gift,
33	gratuity, property, commercial interest, or any other thing of
34	economic value not authorized by law.
35	(2) "Bid" includes a response to an "invitation to bid,"
36	"invitation to negotiate," "request for a quote," or "request
37	for proposals" as those terms are defined in s. 287.012.
38	(3) "Commodity" means any goods, merchandise, wares,
39	produce, chose in action, land, article of commerce, or other
40	tangible or intangible property, real, personal, or mixed, for
41	use, consumption, production, enjoyment, or resale.
42	(4) "Corruptly" or "with corrupt intent" means acting
43	knowingly and dishonestly for a wrongful purpose.
44	(5) "Harm" means pecuniary or other loss, disadvantage, or
45	injury to the person affected.
46	(6) "Public servant" means:
47	(a) Any officer or employee of a state, county, municipal,
48	or special district agency or entity;
49	(b) Any legislative or judicial officer or employee;
50	(c) Any person, except a witness, who acts as a master,
51	receiver, auditor, arbitrator, umpire, referee, consultant, or
52	hearing officer while performing a governmental function; or
53	(d) A candidate for election or appointment to any of the
54	positions listed in this subsection, or an individual who has
55	been elected to, but has yet to officially assume the
56	responsibilities of, public office.
57	(7) "Service" means any kind of activity performed in
58	whole or in part for economic benefit.
59	(2) "Pecuniary benefit" is benefit in the form of any
60	commission, gift, gratuity, property, commercial interest, or
61	any other thing of economic value.
62	(3) "Harm" means loss, disadvantage, or injury to the
63	person affected, including loss, disadvantage, or injury to any
64	other person in whose welfare he or she is interested.
65	(4) "Public servant" means any public officer, agent, or
66	employee of government, whether elected or appointed, including,
67	but not limited to, any executive, legislative, or judicial
68	officer; any person who holds an office or position in a
69	political party or political party committee, whether elected or
70	appointed; and any person participating as a special master,
71	receiver, auditor, juror, arbitrator, umpire, referee,
72	consultant, administrative law judge, hearing officer, or
73	hearing examiner, or person acting on behalf of any of these, in
74	performing a governmental function; but the term does not
75	include witnesses. Such term shall include a candidate for
76	election or appointment to any such office, including any
77	individual who seeks or intends to occupy any such office. It
78	shall include any person appointed to any of the foregoing
79	offices or employments before and after he or she qualifies.
80	(5) "Government" includes the state government and any
81	city or county government or any branch, political subdivision,
82	or agency of the state, county, or city government.
83	(6) "Corruptly" means done with a wrongful intent and for
84	the purpose of obtaining or compensating or receiving
85	compensation for any benefit resulting from some act or omission
86	of a public servant which is inconsistent with the proper
87	performance of his or her public duties.
88	Section 3. Subsections (1) and (3) of section 838.015,
89	Florida Statutes, are amended to read:
90	838.015 Bribery.--
91	(1) "Bribery" means corruptly to give, offer, or promise
92	to any public servant, or, if a public servant, corruptly to
93	request, solicit, accept, or agree to accept for himself or
94	herself or another, any pecuniary or other benefit not
95	authorized by lawwith an intent or purpose to influence the
96	performance of any act or omission which the person believes to
97	be, or the public servant represents as being, within the
98	official discretion of a public servant, in violation of a
99	public duty, or in performance of a public duty.
100	(3) Any person who commits bribery commitsis guilty ofa
101	felony of the secondthirddegree, punishable as provided in s.
102	775.082, s. 775.083, or s. 775.084.
103	Section 4. Subsection (4) of section 838.016, Florida
104	Statutes, is amended to read:
105	838.016 Unlawful compensation or reward for official
106	behavior.--
107	(4) Whoever violates the provisions of this section
108	commitsshall be guilty of a felony of the secondthirddegree,
109	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
110	Section 5. Sections 838.022, 838.21, and 838.22, Florida
111	Statutes, are created to read:
112	838.022 Official misconduct.--
113	(1) It is unlawful for a public servant, with corrupt
114	intent to obtain a benefit for any person or to cause harm to
115	another, to:
116	(a) Falsify, or cause another person to falsify, any
117	official record or official document;
118	(b) Conceal, cover up, destroy, mutilate, or alter any
119	official record or official document or cause another person to
120	perform such an act; or
121	(c) Obstruct, delay, or prevent the communication of
122	information relating to the commission of a felony that directly
123	involves or affects the public agency or public entity served by
124	the public servant.
125	(2) For the purposes of this section:
126	(a) The term "public servant" does not include a candidate
127	who does not otherwise qualify as a public servant.
128	(b) An official record or official document includes only
129	public records.
130	(3) Any person who violates this section commits a felony
131	of the third degree, punishable as provided in s. 775.082, s.
132	775.083, or s. 775.084.
133	838.21 Disclosure or use of confidential criminal justice
134	information.--It is unlawful for a public servant, with intent
135	to obstruct, impede, or prevent a criminal investigation or a
136	criminal prosecution, to disclose active criminal investigative
137	or intelligence information as defined in chapter 119 or to
138	disclose or use information regarding either the efforts to
139	secure or the issuance of a warrant, subpoena, or other court
140	process or court order relating to a criminal investigation or
141	criminal prosecution when such information is not available to
142	the general public and is gained by reason of the public
143	servant's official position. Any person who violates this
144	section commits a felony of the third degree, punishable as
145	provided in s. 775.082, s. 775.083, or s. 775.084.
146	838.22 Bid tampering.--
147	(1) It is unlawful for a public servant, with corrupt
148	intent to influence or attempt to influence the competitive
149	bidding process undertaken by any state, county, municipal, or
150	special district agency, or any other public entity, for the
151	procurement of commodities or services, to:
152	(a) Disclose material information concerning a bid or
153	other aspects of the competitive bidding process when such
154	information is not publicly disclosed.
155	(b) Alter or amend a submitted bid, documents or other
156	materials supporting a submitted bid, or bid results for the
157	purpose of intentionally providing a competitive advantage to
158	any person who submits a bid.
159	(2) It is unlawful for a public servant, with corrupt
160	intent to obtain a benefit for any person or to cause unlawful
161	harm to another, to circumvent a competitive bidding process
162	required by law or rule by using a sole-source contract for
163	commodities or services.
164	(3) It is unlawful for any person to knowingly agree,
165	conspire, combine, or confederate, directly or indirectly, with
166	a public servant to violate subsection (1) or subsection (2).
167	(4) It is unlawful for any person to knowingly enter into
168	a contract for commodities or services which was secured by a
169	public servant acting in violation of subsection (1) or
170	subsection (2).
171	(5) Any person who violates this section commits a felony
172	of the second degree, punishable as provided in s. 775.082, s.
173	775.083, or s. 775.084.
174	Section 6. Paragraphs (a), (d), and (g) of subsection (3)
175	of section 921.0022, Florida Statutes, are amended to read:
176	921.0022 Criminal Punishment Code; offense severity
177	ranking chart.--
178	(3) OFFENSE SEVERITY RANKING CHART
179	FloridaStatute FelonyDegree Description
180	Section 7. Section 839.25, Florida Statutes, is repealed.
181	Section 8. Subsection (2) of section 112.534, Florida
182	Statutes, is amended to read:
183	112.534 Failure to comply; official misconduct.--
184	(2) All the provisions of s. 838.022839.25shall apply to
185	this part.
186	Section 9. Paragraph (d) of subsection (4) of section
187	117.01, Florida Statutes, is amended to read:
188	117.01 Appointment, application, suspension, revocation,
189	application fee, bond, and oath.--
190	(4) The Governor may suspend a notary public for any of
191	the grounds provided in s. 7, Art. IV of the State Constitution.
192	Grounds constituting malfeasance, misfeasance, or neglect of
193	duty include, but are not limited to, the following:
194	(d) Official misconduct as defined in s. 838.022839.25.
195	Section 10. This act shall take effect October 1, 2003.