Florida Senate - 2010 SB 1554
By Senator Gelber
35-00607-10 20101554__
1 A bill to be entitled
2 An act relating to public procurement; amending s.
3 838.22, F.S.; providing that a public servant who
4 fails to advertise, publicly announce, or
5 electronically post a solicitation for commodities or
6 contractual services commits a felony of the second
7 degree under certain circumstances; imposing criminal
8 penalties; reenacting s. 921.0022(3)(g), F.S.,
9 relating to the offense severity ranking chart of the
10 Criminal Punishment Code, to incorporate the amendment
11 made to s. 838.22, F.S., in a reference thereto;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 838.22, Florida Statutes, is amended to
17 read:
18 838.22 Bid tampering.—
19 (1) It is unlawful for a public servant, with corrupt
20 intent to influence or attempt to influence the competitive
21 bidding process undertaken by any state, county, municipal, or
22 special district agency, or any other public entity, for the
23 procurement of commodities or services, to:
24 (a) Disclose material information concerning a bid or other
25 aspects of the competitive bidding process when such information
26 is not publicly disclosed.
27 (b) Alter or amend a submitted bid, documents or other
28 materials supporting a submitted bid, or bid results for the
29 purpose of intentionally providing a competitive advantage to
30 any person who submits a bid.
31 (c) Fail to advertise, publicly announce, or electronically
32 post a solicitation for the procurement of commodities or
33 contractual services which must be advertised, publicly
34 announced, or electronically posted by statute or rule.
35 (2) It is unlawful for a public servant, with corrupt
36 intent to obtain a benefit for any person or to cause unlawful
37 harm to another, to circumvent a competitive bidding process
38 required by law or rule by using a sole-source contract for
39 commodities or services.
40 (3) It is unlawful for any person to knowingly agree,
41 conspire, combine, or confederate, directly or indirectly, with
42 a public servant to violate subsection (1) or subsection (2).
43 (4) It is unlawful for any person to knowingly enter into a
44 contract for commodities or services which was secured by a
45 public servant acting in violation of subsection (1) or
46 subsection (2).
47 (5) Any person who violates this section commits a felony
48 of the second degree, punishable as provided in s. 775.082, s.
49 775.083, or s. 775.084.
50 Section 2. For the purpose of incorporating the amendment
51 made by this act to section 838.22, Florida Statutes, in a
52 reference thereto, paragraph (g) of subsection (3) of section
53 921.0022, Florida Statutes, is reenacted to read:
54 921.0022 Criminal Punishment Code; offense severity ranking
55 chart.—
56 (3) OFFENSE SEVERITY RANKING CHART
57 (g) LEVEL 7
58 FloridaStatute FelonyDegree Description
59 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
60 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
61 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
62 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
63 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
64 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
65 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
66 456.065(2) 3rd Practicing a health care profession without a license.
67 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
68 458.327(1) 3rd Practicing medicine without a license.
69 459.013(1) 3rd Practicing osteopathic medicine without a license.
70 460.411(1) 3rd Practicing chiropractic medicine without a license.
71 461.012(1) 3rd Practicing podiatric medicine without a license.
72 462.17 3rd Practicing naturopathy without a license.
73 463.015(1) 3rd Practicing optometry without a license.
74 464.016(1) 3rd Practicing nursing without a license.
75 465.015(2) 3rd Practicing pharmacy without a license.
76 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
77 467.201 3rd Practicing midwifery without a license.
78 468.366 3rd Delivering respiratory care services without a license.
79 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
80 483.901(9) 3rd Practicing medical physics without a license.
81 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
82 484.053 3rd Dispensing hearing aids without a license.
83 494.0018(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.
84 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
85 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
86 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
87 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
88 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
89 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
90 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
91 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
92 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
93 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
94 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
95 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
96 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
97 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
98 784.048(7) 3rd Aggravated stalking; violation of court order.
99 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
100 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
101 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
102 784.081(1) 1st Aggravated battery on specified official or employee.
103 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
104 784.083(1) 1st Aggravated battery on code inspector.
105 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
106 790.16(1) 1st Discharge of a machine gun under specified circumstances.
107 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
108 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
109 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
110 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
111 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
112 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
113 796.03 2nd Procuring any person under 16 years for prostitution.
114 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
115 800.04(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.
116 806.01(2) 2nd Maliciously damage structure by fire or explosive.
117 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
118 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
119 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
120 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
121 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
122 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
123 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
124 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
125 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
126 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
127 812.131(2)(a) 2nd Robbery by sudden snatching.
128 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
129 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
130 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
131 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
132 817.2341(2)(b) & (3)(b)1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
133 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
134 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
135 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
136 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
137 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
138 838.015 2nd Bribery.
139 838.016 2nd Unlawful compensation or reward for official behavior.
140 838.021(3)(a) 2nd Unlawful harm to a public servant.
141 838.22 2nd Bid tampering.
142 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
143 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
144 872.06 2nd Abuse of a dead human body.
145 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
146 893.13(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, school, or state, county, or municipal park or publicly owned recreational facility or community center.
147 893.13(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.
148 893.13(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).
149 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
150 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
151 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
152 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
153 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
154 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
155 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
156 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
157 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
158 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
159 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
160 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
161 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
162 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
163 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
164 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
165 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
166 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
167 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
168 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
169 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
170 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
171 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
172 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
173 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
174 Section 3. This act shall take effect July 1, 2010.