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