Florida Senate - 2016                              CS for SB 582
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Gaetz
       
       585-02305-16                                           2016582c1
    1                        A bill to be entitled                      
    2         An act relating to public corruption; amending s.
    3         838.014, F.S.; revising and providing definitions;
    4         amending s. 838.015, F.S.; revising the definition of
    5         the term “bribery”; revising requirements for
    6         prosecution; amending s. 838.016, F.S.; revising the
    7         prohibition against unlawful compensation or reward
    8         for official behavior to conform to changes made by
    9         the act; amending s. 838.022, F.S.; revising the
   10         prohibition against official misconduct to conform to
   11         changes made by the act; revising applicability of the
   12         offense to include public contractors; amending s.
   13         838.22, F.S.; revising the prohibition against bid
   14         tampering to conform to changes made by the act;
   15         revising applicability of the offense to include
   16         specified public contractors; reenacting s.
   17         112.534(2)(a), F.S., relating to official misconduct,
   18         and s. 117.01(4)(d), F.S., relating to appointment,
   19         application, suspension, revocation, application fee,
   20         bond, and oath of notaries public, to incorporate the
   21         amendment made by the act to s. 838.022, F.S., in
   22         references thereto; reenacting s. 817.568(11), F.S.,
   23         relating to criminal use of personal identification
   24         information, to incorporate the amendment made by the
   25         act to s. 838.014, F.S., in a reference thereto;
   26         reenacting s. 921.0022(3)(d) and (g), F.S., relating
   27         to the Criminal Punishment Code offense severity
   28         ranking chart, to incorporate the amendments made by
   29         the act to ss. 838.015, 838.016, 838.022, and 838.22,
   30         F.S., in references thereto; providing an effective
   31         date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (7) of section 838.014, Florida
   36  Statutes, is renumbered as subsection (8), present subsections
   37  (4) and (6) are amended, and a new subsection (6) is added to
   38  that section, to read:
   39         838.014 Definitions.—As used in this chapter, the term:
   40         (4) “Governmental entity” means an agency or entity of the
   41  state, a county, municipality, or special district or any other
   42  public entity created or authorized by law “Corruptly” or “with
   43  corrupt intent” means acting knowingly and dishonestly for a
   44  wrongful purpose.
   45         (6) “Public contractor” means, for purposes of ss. 838.022
   46  and 838.22 only:
   47         (a) Any person, as defined in s. 1.01(3), who has entered
   48  into a contract with a governmental entity; or
   49         (b) Any officer or employee of a person, as defined in s.
   50  1.01(3), who has entered into a contract with a governmental
   51  entity.
   52         (7)(6) “Public servant” means:
   53         (a) Any officer or employee of a governmental state,
   54  county, municipal, or special district agency or entity,;
   55  including
   56         (b) any executive, legislative, or judicial branch officer
   57  or employee;
   58         (b)(c) Any person, except a witness, who acts as a general
   59  or special magistrate, receiver, auditor, arbitrator, umpire,
   60  referee, consultant, or hearing officer while performing a
   61  governmental function; or
   62         (c)(d) A candidate for election or appointment to any of
   63  the officer positions listed in this subsection, or an
   64  individual who has been elected to, but has yet to officially
   65  assume the responsibilities of, public office.
   66         Section 2. Subsection (1) of section 838.015, Florida
   67  Statutes, is amended to read:
   68         838.015 Bribery.—
   69         (1) “Bribery” means corruptly to knowingly and
   70  intentionally give, offer, or promise to any public servant, or,
   71  if a public servant, corruptly to knowingly and intentionally
   72  request, solicit, accept, or agree to accept for himself or
   73  herself or another, any pecuniary or other benefit not
   74  authorized by law with an intent or purpose to influence the
   75  performance of any act or omission which the person believes to
   76  be, or the public servant represents as being, within the
   77  official discretion of a public servant, in violation of a
   78  public duty, or in performance of a public duty.
   79         Section 3. Subsections (1) and (2) of section 838.016,
   80  Florida Statutes, are amended to read:
   81         838.016 Unlawful compensation or reward for official
   82  behavior.—
   83         (1) It is unlawful for any person corruptly to knowingly
   84  and intentionally give, offer, or promise to any public servant,
   85  or, if a public servant, corruptly to knowingly and
   86  intentionally request, solicit, accept, or agree to accept, any
   87  pecuniary or other benefit not authorized by law, for the past,
   88  present, or future performance, nonperformance, or violation of
   89  any act or omission which the person believes to have been, or
   90  the public servant represents as having been, either within the
   91  official discretion of the public servant, in violation of a
   92  public duty, or in performance of a public duty. This section
   93  does not Nothing herein shall be construed to preclude a public
   94  servant from accepting rewards for services performed in
   95  apprehending any criminal.
   96         (2) It is unlawful for any person corruptly to knowingly
   97  and intentionally give, offer, or promise to any public servant,
   98  or, if a public servant, corruptly to knowingly and
   99  intentionally request, solicit, accept, or agree to accept, any
  100  pecuniary or other benefit not authorized by law for the past,
  101  present, or future exertion of any influence upon or with any
  102  other public servant regarding any act or omission which the
  103  person believes to have been, or which is represented to him or
  104  her as having been, either within the official discretion of the
  105  other public servant, in violation of a public duty, or in
  106  performance of a public duty.
  107         Section 4. Subsection (1) of section 838.022, Florida
  108  Statutes, is amended, and subsection (2) of that section is
  109  republished, to read:
  110         838.022 Official misconduct.—
  111         (1) It is unlawful for a public servant or public
  112  contractor, with corrupt intent to knowingly and intentionally
  113  obtain a benefit for any person or to cause unlawful harm to
  114  another, by to:
  115         (a) Falsifying Falsify, or causing cause another person to
  116  falsify, any official record or official document;
  117         (b) Concealing, covering up, destroying, mutilating, or
  118  altering Conceal, cover up, destroy, mutilate, or alter any
  119  official record or official document, except as authorized by
  120  law or contract, or causing cause another person to perform such
  121  an act; or
  122         (c) Obstructing, delaying, or preventing Obstruct, delay,
  123  or prevent the communication of information relating to the
  124  commission of a felony that directly involves or affects the
  125  government public agency or public entity served by the public
  126  servant or public contractor.
  127         (2) For the purposes of this section:
  128         (a) The term “public servant” does not include a candidate
  129  who does not otherwise qualify as a public servant.
  130         (b) An official record or official document includes only
  131  public records.
  132         Section 5. Section 838.22, Florida Statutes, is amended to
  133  read:
  134         838.22 Bid tampering.—
  135         (1) It is unlawful for a public servant or a public
  136  contractor who has contracted with a governmental entity to
  137  assist in a competitive procurement, with corrupt intent to
  138  knowingly and intentionally influence or attempt to influence
  139  the competitive solicitation bidding process undertaken by any
  140  governmental state, county, municipal, or special district
  141  agency, or any other public entity, for the procurement of
  142  commodities or services, by to:
  143         (a) Disclosing, except as authorized by law, Disclose
  144  material information concerning a vendor’s response, any
  145  evaluation results, bid or other aspects of the competitive
  146  solicitation bidding process when such information is not
  147  publicly disclosed.
  148         (b) Altering or amending Alter or amend a submitted
  149  response bid, documents or other materials supporting a
  150  submitted response bid, or any evaluation bid results relating
  151  to the competitive solicitation for the purpose of intentionally
  152  providing a competitive advantage to any person who submits a
  153  response bid.
  154         (2) It is unlawful for a public servant or a public
  155  contractor who has contracted with a governmental entity to
  156  assist in a competitive procurement, with corrupt intent to
  157  knowingly and intentionally obtain a benefit for any person or
  158  to cause unlawful harm to another by circumventing, to
  159  circumvent a competitive solicitation bidding process required
  160  by law or rule through the use of by using a sole-source
  161  contract for commodities or services.
  162         (3) It is unlawful for any person to knowingly agree,
  163  conspire, combine, or confederate, directly or indirectly, with
  164  a public servant or a public contractor who has contracted with
  165  a governmental entity to assist in a competitive procurement to
  166  violate subsection (1) or subsection (2).
  167         (4) It is unlawful for any person to knowingly enter into a
  168  contract for commodities or services which was secured by a
  169  public servant or a public contractor who has contracted with a
  170  governmental entity to assist in a competitive procurement
  171  acting in violation of subsection (1) or subsection (2).
  172         (5) Any person who violates this section commits a felony
  173  of the second degree, punishable as provided in s. 775.082, s.
  174  775.083, or s. 775.084.
  175         Section 6. For the purpose of incorporating the amendment
  176  made by this act to section 838.022, Florida Statutes, in a
  177  reference thereto, paragraph (a) of subsection (2) of section
  178  112.534, Florida Statutes, is reenacted to read:
  179         112.534 Failure to comply; official misconduct.—
  180         (2)(a) All the provisions of s. 838.022 shall apply to this
  181  part.
  182         Section 7. For the purpose of incorporating the amendment
  183  made by this act to section 838.022, Florida Statutes, in a
  184  reference thereto, paragraph (d) of subsection (4) of section
  185  117.01, Florida Statutes, is reenacted to read:
  186         117.01 Appointment, application, suspension, revocation,
  187  application fee, bond, and oath.—
  188         (4) The Governor may suspend a notary public for any of the
  189  grounds provided in s. 7, Art. IV of the State Constitution.
  190  Grounds constituting malfeasance, misfeasance, or neglect of
  191  duty include, but are not limited to, the following:
  192         (d) Official misconduct as defined in s. 838.022.
  193         Section 8. For the purpose of incorporating the amendment
  194  made by this act to section 838.014, Florida Statutes, in a
  195  reference thereto, subsection (11) of section 817.568, Florida
  196  Statutes, is reenacted to read:
  197         817.568 Criminal use of personal identification
  198  information.—
  199         (11) A person who willfully and without authorization
  200  fraudulently uses personal identification information concerning
  201  an individual who is 60 years of age or older; a disabled adult
  202  as defined in s. 825.101; a public servant as defined in s.
  203  838.014; a veteran as defined in s. 1.01; a first responder as
  204  defined in s. 125.01045; an individual who is employed by the
  205  State of Florida; or an individual who is employed by the
  206  Federal Government without first obtaining the consent of that
  207  individual commits a felony of the second degree, punishable as
  208  provided in s. 775.082, s. 775.083, or s. 775.084.
  209         Section 9. For the purpose of incorporating the amendments
  210  made by this act to sections 838.015, 838.016, and 838.22,
  211  Florida Statutes, in references thereto, paragraph (g) of
  212  subsection (3) of section 921.0022, Florida Statutes, is
  213  reenacted to read:
  214         921.0022 Criminal Punishment Code; offense severity ranking
  215  chart.—
  216         (3) OFFENSE SEVERITY RANKING CHART
  217         (g) LEVEL 7
  218  
  219  
  220  FloridaStatute    FelonyDegree           Description            
  221  316.027(2)(c)        1st   Accident involving death, failure to stop; leaving scene.
  222  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
  223  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.
  224  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
  225  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  226  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
  227  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  228  456.065(2)           3rd   Practicing a health care profession without a license.
  229  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
  230  458.327(1)           3rd   Practicing medicine without a license.
  231  459.013(1)           3rd   Practicing osteopathic medicine without a license.
  232  460.411(1)           3rd   Practicing chiropractic medicine without a license.
  233  461.012(1)           3rd   Practicing podiatric medicine without a license.
  234  462.17               3rd   Practicing naturopathy without a license.
  235  463.015(1)           3rd   Practicing optometry without a license.
  236  464.016(1)           3rd   Practicing nursing without a license.
  237  465.015(2)           3rd   Practicing pharmacy without a license.
  238  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
  239  467.201              3rd   Practicing midwifery without a license.
  240  468.366              3rd   Delivering respiratory care services without a license.
  241  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
  242  483.901(9)           3rd   Practicing medical physics without a license.
  243  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
  244  484.053              3rd   Dispensing hearing aids without a license.
  245  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.
  246  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.
  247  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  248  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  249  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  250  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
  251  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  252  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  253  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  254  782.071              2nd   Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  255  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  256  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  257  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
  258  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
  259  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
  260  784.048(7)           3rd   Aggravated stalking; violation of court order.
  261  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
  262  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
  263  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
  264  784.081(1)           1st   Aggravated battery on specified official or employee.
  265  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
  266  784.083(1)           1st   Aggravated battery on code inspector.
  267  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
  268  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.
  269  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  270  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
  271  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
  272  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  273  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  274  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  275  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  276  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.
  277  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
  278  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
  279  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  280  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.
  281  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.
  282  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
  283  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  284  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  285  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  286  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
  287  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.
  288  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  289  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  290  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  291  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
  292  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  293  812.131(2)(a)        2nd   Robbery by sudden snatching.      
  294  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
  295  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
  296  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  297  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  298  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
  299  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.
  300  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
  301  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  302  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.
  303  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  304  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  305  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
  306  838.015              2nd   Bribery.                          
  307  838.016              2nd   Unlawful compensation or reward for official behavior.
  308  838.021(3)(a)        2nd   Unlawful harm to a public servant.
  309  838.22               2nd   Bid tampering.                    
  310  843.0855(2)          3rd   Impersonation of a public officer or employee.
  311  843.0855(3)          3rd   Unlawful simulation of legal process.
  312  843.0855(4)          3rd   Intimidation of a public officer or employee.
  313  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  314  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
  315  872.06               2nd   Abuse of a dead human body.       
  316  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  317  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  318  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.
  319  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.
  320  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).
  321  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  322  893.135(1)(b)1.a.     1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  323  893.135(1)(c)1.a.     1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  324  893.135(1)(c)2.a.     1st   Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  325  893.135(1)(c)2.b.     1st   Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  326  893.135(1)(c)3.a.     1st   Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  327  893.135(1)(c)3.b.     1st   Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  328  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  329  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  330  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  331  893.135(1)(g)1.a.     1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  332  893.135(1)(h)1.a.     1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  333  893.135(1)(j)1.a.     1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  334  893.135(1)(k)2.a.     1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  335  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  336  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  337  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  338  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  339  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  340  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
  341  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  342  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  343  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
  344  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  345  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  346  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  347  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  348  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  349  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  350         Section 10. For the purpose of incorporating the amendment
  351  made by this act to section 838.022, Florida Statutes, in a
  352  reference thereto, paragraph (d) of subsection (3) of section
  353  921.0022, Florida Statutes, is reenacted to read:
  354         921.0022 Criminal Punishment Code; offense severity ranking
  355  chart.—
  356         (3) OFFENSE SEVERITY RANKING CHART
  357         (d) LEVEL 4
  358  
  359  
  360  FloridaStatute    FelonyDegree           Description            
  361  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.
  362  499.0051(1)          3rd   Failure to maintain or deliver pedigree papers.
  363  499.0051(2)          3rd   Failure to authenticate pedigree papers.
  364  499.0051(6)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  365  517.07(1)            3rd   Failure to register securities.   
  366  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  367  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  368  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  369  784.075              3rd   Battery on detention or commitment facility staff.
  370  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  371  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  372  784.081(3)           3rd   Battery on specified official or employee.
  373  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  374  784.083(3)           3rd   Battery on code inspector.        
  375  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  376  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  377  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  378  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  379  787.07               3rd   Human smuggling.                  
  380  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  381  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  382  790.115(2)(c)        3rd   Possessing firearm on school property.
  383  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  384  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  385  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  386  810.06               3rd   Burglary; possession of tools.    
  387  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  388  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  389  812.014(2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  390  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  391  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  392  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  393  817.625(2)(a)        3rd   Fraudulent use of scanning device or reencoder.
  394  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  395  837.02(1)            3rd   Perjury in official proceedings.  
  396  837.021(1)           3rd   Make contradictory statements in official proceedings.
  397  838.022              3rd   Official misconduct.              
  398  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  399  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  400  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  401  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  402  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  403  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  404  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  405  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).
  406  914.14(2)            3rd   Witnesses accepting bribes.       
  407  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  408  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  409  918.12               3rd   Tampering with jurors.            
  410  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  411         Section 11. This act shall take effect October 1, 2016.