Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 582
Ì313064ÄÎ313064
LEGISLATIVE ACTION
Senate . House
Comm: WD .
01/19/2016 .
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The Committee on Governmental Oversight and Accountability
(Latvala) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (7) of section 838.014, Florida
6 Statutes, is renumbered as subsection (8), present subsections
7 (4) and (6) are amended, and a new subsection (6) is added to
8 that section, to read:
9 838.014 Definitions.—As used in this chapter, the term:
10 (4) “Governmental entity” means an agency or entity of the
11 state, a county, municipality, or special district or any other
12 public entity created or authorized by law “Corruptly” or “with
13 corrupt intent” means acting knowingly and dishonestly for a
14 wrongful purpose.
15 (6) “Public contractor” means, for purposes of ss. 838.022
16 and 838.22 only:
17 (a) Any person, as defined in s. 1.01(3), who has entered
18 into a contract with a governmental entity; or
19 (b) Any officer or employee of a person, as defined in s.
20 1.01(3), who has entered into a contract with a governmental
21 entity.
22 (7)(6) “Public servant” means:
23 (a) Any officer or employee of a governmental state,
24 county, municipal, or special district agency or entity,;
25 including
26 (b) any executive, legislative, or judicial branch officer
27 or employee;
28 (b)(c) Any person, except a witness, who acts as a general
29 or special magistrate, receiver, auditor, arbitrator, umpire,
30 referee, consultant, or hearing officer while performing a
31 governmental function; or
32 (c)(d) A candidate for election or appointment to any of
33 the officer positions listed in this subsection, or an
34 individual who has been elected to, but has yet to officially
35 assume the responsibilities of, public office.
36 Section 2. Subsection (1) of section 838.015, Florida
37 Statutes, is amended to read:
38 838.015 Bribery.—
39 (1) “Bribery” means corruptly to knowingly and
40 intentionally give, offer, or promise to any public servant, or,
41 if a public servant, corruptly to knowingly and intentionally
42 request, solicit, accept, or agree to accept for himself or
43 herself or another, any pecuniary or other benefit not
44 authorized by law with an intent or purpose to influence the
45 performance of any act or omission which the person believes to
46 be, or the public servant represents as being, within the
47 official discretion of a public servant, in violation of a
48 public duty, or in performance of a public duty.
49 Section 3. Subsections (1) and (2) of section 838.016,
50 Florida Statutes, are amended to read:
51 838.016 Unlawful compensation or reward for official
52 behavior.—
53 (1) It is unlawful for any person corruptly to knowingly
54 and intentionally give, offer, or promise to any public servant,
55 or, if a public servant, corruptly to knowingly and
56 intentionally request, solicit, accept, or agree to accept, any
57 pecuniary or other benefit not authorized by law, for the past,
58 present, or future performance, nonperformance, or violation of
59 any act or omission which the person believes to have been, or
60 the public servant represents as having been, either within the
61 official discretion of the public servant, in violation of a
62 public duty, or in performance of a public duty. This section
63 does not Nothing herein shall be construed to preclude a public
64 servant from accepting rewards for services performed in
65 apprehending any criminal.
66 (2) It is unlawful for any person corruptly to knowingly
67 and intentionally give, offer, or promise to any public servant,
68 or, if a public servant, corruptly to knowingly and
69 intentionally request, solicit, accept, or agree to accept, any
70 pecuniary or other benefit not authorized by law for the past,
71 present, or future exertion of any influence upon or with any
72 other public servant regarding any act or omission which the
73 person believes to have been, or which is represented to him or
74 her as having been, either within the official discretion of the
75 other public servant, in violation of a public duty, or in
76 performance of a public duty.
77 Section 4. Subsection (1) of section 838.022, Florida
78 Statutes, is amended, and subsection (2) of that section is
79 republished, to read:
80 838.022 Official misconduct.—
81 (1) It is unlawful for a public servant or public
82 contractor, with corrupt intent to knowingly and intentionally
83 obtain a benefit for any person or to cause unlawful harm to
84 another, by to:
85 (a) Falsifying Falsify, or causing cause another person to
86 falsify, any official record or official document;
87 (b) Concealing, covering up, destroying, mutilating, or
88 altering Conceal, cover up, destroy, mutilate, or alter any
89 official record or official document, except as authorized by
90 law or contract, or causing cause another person to perform such
91 an act; or
92 (c) Obstructing, delaying, or preventing Obstruct, delay,
93 or prevent the communication of information relating to the
94 commission of a felony that directly involves or affects the
95 government public agency or public entity served by the public
96 servant or public contractor.
97 (2) For the purposes of this section:
98 (a) The term “public servant” does not include a candidate
99 who does not otherwise qualify as a public servant.
100 (b) An official record or official document includes only
101 public records.
102 Section 5. Section 838.22, Florida Statutes, is amended to
103 read:
104 838.22 Bid tampering.—
105 (1) It is unlawful for a public servant or a public
106 contractor who has contracted with a governmental entity to
107 assist in a competitive procurement, with corrupt intent to
108 knowingly and intentionally influence or attempt to influence
109 the competitive solicitation bidding process undertaken by any
110 governmental state, county, municipal, or special district
111 agency, or any other public entity, for the procurement of
112 commodities or services, by to:
113 (a) Disclosing, except as authorized by law, Disclose
114 material information concerning a vendor’s response, any
115 evaluation results, bid or other aspects of the competitive
116 solicitation bidding process when such information is not
117 publicly disclosed.
118 (b) Altering or amending Alter or amend a submitted
119 response bid, documents or other materials supporting a
120 submitted response bid, or any evaluation bid results relating
121 to the competitive solicitation for the purpose of intentionally
122 providing a competitive advantage to any person who submits a
123 response bid.
124 (2) It is unlawful for a public servant or a public
125 contractor who has contracted with a governmental entity to
126 assist in a competitive procurement, with corrupt intent to
127 knowingly and intentionally obtain a benefit for any person or
128 to cause unlawful harm to another by circumventing, to
129 circumvent a competitive solicitation bidding process required
130 by law or rule through the use of by using a sole-source
131 contract for commodities or services.
132 (3) It is unlawful for any person to knowingly agree,
133 conspire, combine, or confederate, directly or indirectly, with
134 a public servant or a public contractor who has contracted with
135 a governmental entity to assist in a competitive procurement to
136 violate subsection (1) or subsection (2).
137 (4) It is unlawful for any person to knowingly enter into a
138 contract for commodities or services which was secured by a
139 public servant or a public contractor who has contracted with a
140 governmental entity to assist in a competitive procurement
141 acting in violation of subsection (1) or subsection (2).
142 (5) Any person who violates this section commits a felony
143 of the second degree, punishable as provided in s. 775.082, s.
144 775.083, or s. 775.084.
145 Section 6. Section 838.24, Florida Statutes, is created to
146 read:
147 838.24 Attorney fees.—Public servants and public
148 contractors prosecuted for a violation under this act may
149 recover attorney fees in the same manner as provided by common
150 law for public officers and employees with respect to the
151 enforcement of public corruption laws.
152 Section 7. For the purpose of incorporating the amendment
153 made by this act to section 838.022, Florida Statutes, in a
154 reference thereto, paragraph (a) of subsection (2) of section
155 112.534, Florida Statutes, is reenacted to read:
156 112.534 Failure to comply; official misconduct.—
157 (2)(a) All the provisions of s. 838.022 shall apply to this
158 part.
159 Section 8. For the purpose of incorporating the amendment
160 made by this act to section 838.022, Florida Statutes, in a
161 reference thereto, paragraph (d) of subsection (4) of section
162 117.01, Florida Statutes, is reenacted to read:
163 117.01 Appointment, application, suspension, revocation,
164 application fee, bond, and oath.—
165 (4) The Governor may suspend a notary public for any of the
166 grounds provided in s. 7, Art. IV of the State Constitution.
167 Grounds constituting malfeasance, misfeasance, or neglect of
168 duty include, but are not limited to, the following:
169 (d) Official misconduct as defined in s. 838.022.
170 Section 9. For the purpose of incorporating the amendment
171 made by this act to section 838.014, Florida Statutes, in a
172 reference thereto, subsection (11) of section 817.568, Florida
173 Statutes, is reenacted to read:
174 817.568 Criminal use of personal identification
175 information.—
176 (11) A person who willfully and without authorization
177 fraudulently uses personal identification information concerning
178 an individual who is 60 years of age or older; a disabled adult
179 as defined in s. 825.101; a public servant as defined in s.
180 838.014; a veteran as defined in s. 1.01; a first responder as
181 defined in s. 125.01045; an individual who is employed by the
182 State of Florida; or an individual who is employed by the
183 Federal Government without first obtaining the consent of that
184 individual commits a felony of the second degree, punishable as
185 provided in s. 775.082, s. 775.083, or s. 775.084.
186 Section 10. For the purpose of incorporating the amendments
187 made by this act to sections 838.015, 838.016, and 838.22,
188 Florida Statutes, in references thereto, paragraph (g) of
189 subsection (3) of section 921.0022, Florida Statutes, is
190 reenacted to read:
191 921.0022 Criminal Punishment Code; offense severity ranking
192 chart.—
193 (3) OFFENSE SEVERITY RANKING CHART
194 (g) LEVEL 7
195
196
197 FloridaStatute FelonyDegree Description
198 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
199 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
200 316.1935(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.
201 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
202 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
203 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
204 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
205 456.065(2) 3rd Practicing a health care profession without a license.
206 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
207 458.327(1) 3rd Practicing medicine without a license.
208 459.013(1) 3rd Practicing osteopathic medicine without a license.
209 460.411(1) 3rd Practicing chiropractic medicine without a license.
210 461.012(1) 3rd Practicing podiatric medicine without a license.
211 462.17 3rd Practicing naturopathy without a license.
212 463.015(1) 3rd Practicing optometry without a license.
213 464.016(1) 3rd Practicing nursing without a license.
214 465.015(2) 3rd Practicing pharmacy without a license.
215 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
216 467.201 3rd Practicing midwifery without a license.
217 468.366 3rd Delivering respiratory care services without a license.
218 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
219 483.901(9) 3rd Practicing medical physics without a license.
220 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
221 484.053 3rd Dispensing hearing aids without a license.
222 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
223 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
224 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
225 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
226 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
227 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
228 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
229 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
230 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
231 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
232 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
233 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
234 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
235 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
236 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
237 784.048(7) 3rd Aggravated stalking; violation of court order.
238 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
239 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
240 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
241 784.081(1) 1st Aggravated battery on specified official or employee.
242 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
243 784.083(1) 1st Aggravated battery on code inspector.
244 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
245 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
246 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
247 790.16(1) 1st Discharge of a machine gun under specified circumstances.
248 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
249 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
250 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
251 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
252 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
253 794.08(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.
254 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
255 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
256 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
257 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
258 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
259 806.01(2) 2nd Maliciously damage structure by fire or explosive.
260 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
261 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
262 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
263 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
264 812.014(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.
265 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
266 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
267 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
268 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
269 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
270 812.131(2)(a) 2nd Robbery by sudden snatching.
271 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
272 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
273 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
274 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
275 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
276 817.2341(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.
277 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
278 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
279 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
280 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
281 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
282 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
283 838.015 2nd Bribery.
284 838.016 2nd Unlawful compensation or reward for official behavior.
285 838.021(3)(a) 2nd Unlawful harm to a public servant.
286 838.22 2nd Bid tampering.
287 843.0855(2) 3rd Impersonation of a public officer or employee.
288 843.0855(3) 3rd Unlawful simulation of legal process.
289 843.0855(4) 3rd Intimidation of a public officer or employee.
290 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
291 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
292 872.06 2nd Abuse of a dead human body.
293 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
294 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
295 893.13(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.
296 893.13(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.
297 893.13(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).
298 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
299 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
300 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
301 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
302 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
303 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
304 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
305 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
306 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
307 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
308 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
309 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
310 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
311 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
312 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
313 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
314 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
315 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
316 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
317 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
318 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
319 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
320 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
321 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
322 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
323 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
324 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
325 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
326 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
327
328 Section 11. For the purpose of incorporating the amendment
329 made by this act to section 838.022, Florida Statutes, in a
330 reference thereto, paragraph (d) of subsection (3) of section
331 921.0022, Florida Statutes, is reenacted to read:
332 921.0022 Criminal Punishment Code; offense severity ranking
333 chart.—
334 (3) OFFENSE SEVERITY RANKING CHART
335 (d) LEVEL 4
336
337
338 FloridaStatute FelonyDegree Description
339 316.1935(3)(a) 2nd 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.
340 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
341 499.0051(2) 3rd Failure to authenticate pedigree papers.
342 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
343 517.07(1) 3rd Failure to register securities.
344 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
345 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
346 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
347 784.075 3rd Battery on detention or commitment facility staff.
348 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
349 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
350 784.081(3) 3rd Battery on specified official or employee.
351 784.082(3) 3rd Battery by detained person on visitor or other detainee.
352 784.083(3) 3rd Battery on code inspector.
353 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
354 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
355 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
356 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
357 787.07 3rd Human smuggling.
358 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
359 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
360 790.115(2)(c) 3rd Possessing firearm on school property.
361 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
362 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
363 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
364 810.06 3rd Burglary; possession of tools.
365 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
366 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
367 812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
368 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
369 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
370 817.568(2)(a) 3rd Fraudulent use of personal identification information.
371 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
372 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
373 837.02(1) 3rd Perjury in official proceedings.
374 837.021(1) 3rd Make contradictory statements in official proceedings.
375 838.022 3rd Official misconduct.
376 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
377 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
378 843.021 3rd Possession of a concealed handcuff key by a person in custody.
379 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
380 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
381 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
382 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
383 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
384 914.14(2) 3rd Witnesses accepting bribes.
385 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
386 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
387 918.12 3rd Tampering with jurors.
388 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
389
390 Section 12. This act shall take effect October 1, 2016.
391
392 ================= T I T L E A M E N D M E N T ================
393 And the title is amended as follows:
394 Delete everything before the enacting clause
395 and insert:
396 A bill to be entitled
397 An act relating to public corruption; amending s.
398 838.014, F.S.; revising and providing definitions;
399 amending s. 838.015, F.S.; revising the definition of
400 the term “bribery”; revising requirements for
401 prosecution; amending s. 838.016, F.S.; revising the
402 prohibition against unlawful compensation or reward
403 for official behavior to conform to changes made by
404 the act; amending s. 838.022, F.S.; revising the
405 prohibition against official misconduct to conform to
406 changes made by the act; revising applicability of the
407 offense to include public contractors; amending s.
408 838.22, F.S.; revising the prohibition against bid
409 tampering to conform to changes made by the act;
410 revising applicability of the offense to include
411 specified public contractors; creating s. 838.24,
412 F.S.; authorizing the award of attorney fees to public
413 servants and public contractors under certain
414 conditions; reenacting s. 112.534(2)(a), F.S.,
415 relating to official misconduct, and s. 117.01(4)(d),
416 F.S., relating to appointment, application,
417 suspension, revocation, application fee, bond, and
418 oath of notaries public, to incorporate the amendment
419 made by the act to s. 838.022, F.S., in references
420 thereto; reenacting s. 817.568(11), F.S., relating to
421 criminal use of personal identification information,
422 to incorporate the amendment made by the act to s.
423 838.014, F.S., in a reference thereto; reenacting s.
424 921.0022(3)(d) and (g), F.S., relating to the Criminal
425 Punishment Code offense severity ranking chart, to
426 incorporate the amendments made by the act to ss.
427 838.015, 838.016, 838.022, and 838.22, F.S., in
428 references thereto; providing an effective date.