HB 347

1	A bill to be entitled
2	An act relating to criminal justice; amending s. 112.313,
3	F.S.; providing criminal penalties for certain violations
4	of standards of conduct for public officials in addition
5	to existing penalties; amending s. 287.175, F.S.;
6	conforming a provision relating to penalties for
7	violations relating to standards of conduct for public
8	officials to changes made by this act; creating s.
9	775.0862, F.S.; defining the term "under color of law";
10	providing for reclassification of offenses committed if
11	the commission of the offense was furthered or facilitated
12	by a person acting under color of law; providing an
13	exception; providing for ranking of reclassified offenses
14	for purposes of the offense severity ranking chart;
15	amending s. 838.022, F.S.; defining the term "willfully";
16	prohibiting a public servant from willfully depriving one
17	or more individuals or the government of the right to have
18	the public servant's duties performed honestly by
19	committing specified acts; providing penalties; amending
20	s. 914.04, F.S.; providing for use of certain immunized
21	testimony or evidence produced for proposes of
22	prosecutions for falsification or obstruction of justice
23	committed while giving such testimony or producing such
24	evidence; providing that testimony or production of
25	evidence pursuant to a grand jury subpoena may be received
26	against a person for all purposes and without limitation
27	provided that before testifying or producing such evidence
28	specified provisions are withdrawn and the witnesses is
29	advised of specified rights; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Subsections (2), (4), and (6) of section
34	112.313, Florida Statutes, are amended to read:
35	112.313  Standards of conduct for public officers,
36	employees of agencies, and local government attorneys.--
37	(2)  SOLICITATION OR ACCEPTANCE OF GIFTS.--No public
38	officer, employee of an agency, local government attorney, or
39	candidate for nomination or election shall solicit or accept
40	anything of value to the recipient, including a gift, loan,
41	reward, promise of future employment, favor, or service, based
42	upon any understanding that the vote, official action, or
43	judgment of the public officer, employee, local government
44	attorney, or candidate would be influenced thereby. In addition
45	to being subject to penalties under s. 112.317, a person who
46	violates this subsection commits a misdemeanor of the first
47	degree, punishable as provided in s. 775.082 or s. 775.083.
48	(4)  UNAUTHORIZED COMPENSATION.--No public officer,
49	employee of an agency, or local government attorney or his or
50	her spouse or minor child shall, at any time, accept any
51	compensation, payment, or thing of value when such public
52	officer, employee, or local government attorney knows, or, with
53	the exercise of reasonable care, should know, that it was given
54	to influence a vote or other action in which the officer,
55	employee, or local government attorney was expected to
56	participate in his or her official capacity. In addition to
57	being subject to penalties under s. 112.317, a person who
58	violates this subsection commits a misdemeanor of the first
59	degree, punishable as provided in s. 775.082 or s. 775.083.
60	(6)  MISUSE OF PUBLIC POSITION.--No public officer,
61	employee of an agency, or local government attorney shall
62	corruptly use or attempt to use his or her official position or
63	any property or resource which may be within his or her trust,
64	or perform his or her official duties, to secure a special
65	privilege, benefit, or exemption for himself, herself, or
66	others. This section shall not be construed to conflict with s.
67	104.31. In addition to being subject to penalties under s.
68	112.317, a person who violates this subsection commits a
69	misdemeanor of the first degree, punishable as provided in s.
70	775.082 or s. 775.083.
71	Section 2.  Section 287.175, Florida Statutes, is amended
72	to read:
73	287.175  Penalties.--A violation of this part or a rule
74	adopted hereunder, pursuant to applicable constitutional and
75	statutory procedures, constitutes misuse of public position as
76	defined in s. 112.313(6), and is punishable as provided in s.
77	112.313 or s. 112.317. The Chief Financial Officer shall report
78	incidents of suspected misuse to the Commission on Ethics, and
79	the commission shall investigate possible violations of this
80	part or rules adopted hereunder when reported by the Chief
81	Financial Officer, notwithstanding the provisions of s. 112.324.
82	Any violation of this part or a rule adopted hereunder shall be
83	presumed to have been committed with wrongful intent, but such
84	presumption is rebuttable. Nothing in this section is intended
85	to deny rights provided to career service employees by s.
86	110.227.
87	Section 3.  Section 775.0862, Florida Statutes, is created
88	to read:
89	775.0862  Acting under color of law to facilitate crime;
90	reclassification.--
91	(1)  As used in this section, the term "under color of law"
92	means action based on public authority or position or the
93	assertion of such authority or position.
94	(2)  The penalty for any felony or misdemeanor shall be
95	reclassified as provided in this subsection if the commission of
96	such felony or misdemeanor was furthered or facilitated by a
97	person acting under color of law:
98	(a)  A misdemeanor of the second degree is reclassified to
99	a misdemeanor of the first degree.
100	(b)  A misdemeanor of the first degree is reclassified to a
101	felony of the third degree.
102	(c)  A felony of the third degree is reclassified to a
103	felony of the second degree.
104	(d)  A felony of the second degree is reclassified to a
105	felony of the first degree.
106	(e)  A felony of the first degree is reclassified to a life
107	felony.
108	(3)  This section does not apply to a misdemeanor or felony
109	that has conduct "under color of law" as an element of the
110	offense.
111	(4)  For purposes of sentencing under chapter 921, a felony
112	offense that is reclassified under this section is ranked one
113	level above the ranking under s. 921.0022 or s. 921.0023 of the
114	offense committed.
115	Section 4.  Section 838.022, Florida Statutes, is amended
116	to read:
117	838.022  Official misconduct.--
118	(1)(2)  For the purposes of this section:
119	(a)  The term "public servant" does not include a candidate
120	who does not otherwise qualify as a public servant.
121	(b)  The term "willfully" means to act intentionally with
122	the specific intent to commit an illegal act.
123	(c)(b)  An official record or official document includes
124	only public records.
125	(2)(1)  It is unlawful for a public servant, with corrupt
126	intent to obtain a benefit for any person or to cause harm to
127	another, to:
128	(a)  Falsify, or cause another person to falsify, any
129	official record or official document;
130	(b)  Conceal, cover up, destroy, mutilate, or alter any
131	official record or official document or cause another person to
132	perform such an act; or
133	(c)  Obstruct, delay, or prevent the communication of
134	information relating to the commission of a felony that directly
135	involves or affects the public agency or public entity served by
136	the public servant.
137	(3)  It is unlawful for a public servant to willfully
138	deprive one or more individuals or the government of the right
139	to have the public servant's duties performed honestly by:
140	(a)  Failing to disclose a direct or indirect financial
141	interest in a public matter within the public servant's official
142	duties; or
143	(b)  Failing to disclose a fact or information otherwise
144	required to be disclosed by law, custom, or statute concerning
145	an official act.
146	(4)(3)  Any person who violates this section commits a
147	felony of the third degree, punishable as provided in s.
148	775.082, s. 775.083, or s. 775.084.
149	Section 5.  Section 914.04, Florida Statutes, is amended to
150	read:
151	914.04  Witnesses; person not excused from testifying or
152	producing evidence in certain prosecutions on ground testimony
153	might incriminate him or her; use of testimony given or evidence
154	produced.--
155	(1)  No person who has been duly served with a subpoena or
156	subpoena duces tecum shall be excused from attending and
157	testifying or producing any book, paper, or other document
158	before any court having felony trial jurisdiction, grand jury,
159	or state attorney upon investigation, proceeding, or trial for a
160	violation of any of the criminal statutes of this state upon the
161	ground or for the reason that the testimony or evidence,
162	documentary or otherwise, required of the person may tend to
163	convict him or her of a crime or to subject him or her to a
164	penalty or forfeiture, but no testimony so given or evidence so
165	produced shall be received against the person upon any criminal
166	investigation or proceeding. Such testimony or evidence,
167	however, may be received against the person upon any criminal
168	investigation or proceeding for perjury, falsification, or
169	obstruction of justice committed while giving such testimony or
170	producing such evidence or for any perjury, falsification, or
171	obstruction of justice subsequently committed.
172	(2)  Notwithstanding subsection (1), testimony or
173	production of any book, paper, or other document pursuant to a
174	grand jury subpoena may be received against a person for all
175	purposes and without limitation provided that prior to
176	testifying or producing such evidence:
177	(a)  The witness is informed that the provisions of
178	subsection (1) regarding immunized testimony are withdrawn; and
179	(b)  The witness has been advised of his or her due process
180	right against self-incrimination pursuant to the Fifth Amendment
181	to the United States Constitution and s. 9, Art. I of the State
182	Constitution.
183	Section 6.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.