House Bill hb0147

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    Florida House of Representatives - 2002                 HB 147

        By Representative Ball






  1                      A bill to be entitled

  2         An act relating to offenses by public servants;

  3         creating the "Citizens' Right to Honest

  4         Government Act"; amending s. 16.56, F.S.;

  5         authorizing the Office of Statewide Prosecution

  6         to prosecute violations of ch. 838, F.S.;

  7         amending s. 838.014, F.S.; revising, providing,

  8         and deleting definitions; amending ss. 838.015

  9         and 838.016, F.S.; increasing penalties;

10         creating ss. 838.022, 838.20, 838.21, 838.22,

11         838.23, and 838.24, F.S.; providing criminal

12         penalties for official misconduct, criminal

13         misuse of official position, disclosure or use

14         of confidential criminal justice information,

15         and bid tampering; providing definitions;

16         providing status of confidential informants or

17         confidential sources; authorizing public

18         servants who are subjected to an investigation

19         for official misconduct to recover attorney's

20         fees; amending s. 837.02, F.S.; providing a

21         criminal penalty for perjury in an official

22         proceeding by a public servant; amending s.

23         905.34, F.S.; expanding jurisdiction of the

24         statewide grand jury to include violations of

25         ch. 838, F.S.; amending s. 921.0022, F.S.;

26         deleting specified felonies from and adding

27         specified felonies to the Criminal Punishment

28         Code offense severity ranking chart; repealing

29         s. 838.15, F.S., relating to commercial bribe

30         receiving; repealing s. 838.16, F.S., relating

31         to commercial bribery; repealing s. 839.25,

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  1         F.S., relating to official misconduct; amending

  2         ss. 112.3173, 112.534, 117.01, and 121.091,

  3         F.S.; deleting and conforming cross references

  4         to changes made by the act; providing an

  5         effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  This act may be cited as the "Citizens'

10  Right to Honest Government Act."

11         Section 2.  Paragraph (a) of subsection (1) of section

12  16.56, Florida Statutes, is amended to read:

13         16.56  Office of Statewide Prosecution.--

14         (1)  There is created in the Department of Legal

15  Affairs an Office of Statewide Prosecution.  The office shall

16  be a separate "budget entity" as that term is defined in

17  chapter 216.  The office may:

18         (a)  Investigate and prosecute the offenses of:

19         1.  Bribery, any violation of chapter 838, burglary,

20  criminal usury, extortion, gambling, kidnapping, larceny,

21  murder, prostitution, perjury, robbery, carjacking, and

22  home-invasion robbery;

23         2.  Any crime involving narcotic or other dangerous

24  drugs;

25         3.  Any violation of the provisions of the Florida RICO

26  (Racketeer Influenced and Corrupt Organization) Act, including

27  any offense listed in the definition of racketeering activity

28  in s. 895.02(1)(a), providing such listed offense is

29  investigated in connection with a violation of s. 895.03 and

30  is charged in a separate count of an information or indictment

31  containing a count charging a violation of s. 895.03, the

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  1  prosecution of which listed offense may continue independently

  2  if the prosecution of the violation of s. 895.03 is terminated

  3  for any reason;

  4         4.  Any violation of the provisions of the Florida

  5  Anti-Fencing Act;

  6         5.  Any violation of the provisions of the Florida

  7  Antitrust Act of 1980, as amended;

  8         6.  Any crime involving, or resulting in, fraud or

  9  deceit upon any person;

10         7.  Any violation of s. 847.0135, relating to computer

11  pornography and child exploitation prevention, or any offense

12  related to a violation of s. 847.0135; or

13         8.  Any violation of the provisions of chapter 815;

14

15  or any attempt, solicitation, or conspiracy to commit any of

16  the crimes specifically enumerated above.  The office shall

17  have such power only when any such offense is occurring, or

18  has occurred, in two or more judicial circuits as part of a

19  related transaction, or when any such offense is connected

20  with an organized criminal conspiracy affecting two or more

21  judicial circuits.

22         Section 3.  Section 838.014, Florida Statutes, is

23  amended to read:

24         838.014  Definitions.--As used in For the purposes of

25  this chapter, the term unless a different meaning plainly is

26  required:

27         (1)  "Benefit" means gain or advantage, or anything

28  regarded by the person to be benefited as a gain or advantage,

29  including the doing of an act beneficial to any person in

30  whose welfare he or she is interested, including any

31

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  1  commission, gift, gratuity, property, commercial interest, or

  2  any other thing of economic value.

  3         (2)  "Corruptly" or "with corrupt intent" means done

  4  with knowledge that the act is wrongful.

  5         (3)  "Harm" means pecuniary or other loss,

  6  disadvantage, or injury to the person affected, including

  7  loss, disadvantage, or injury to any other person in whose

  8  welfare he or she is interested.

  9         (4)  "Public servant" means:

10         (a)  Any officer or employee of a state, county,

11  municipal, or special district agency or entity;

12         (b)  Any legislative or judicial officer or employee;

13         (c)  Any officer, director, partner, manager,

14  representative, or employee of a nongovernmental entity that

15  is authorized by law or contract to perform a governmental

16  function or provide a governmental service on behalf of a

17  state, county, municipal, or special district agency or entity

18  to the extent that the individual's conduct relates to the

19  performance of the governmental function or provision of the

20  governmental service;

21         (d)  Any person who holds an office in a political

22  party or political party committee;

23         (e)  Any person, except a witness, who acts as a

24  master, receiver, auditor, juror, arbitrator, umpire, referee,

25  consultant, or hearing officer while performing a governmental

26  function; or

27         (f)  A candidate for election or appointment to any of

28  the positions listed in this subsection, or an individual who

29  has been elected to, but has yet to officially assume the

30  responsibilities of, public office.

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  1         (2)  "Pecuniary benefit" is benefit in the form of any

  2  commission, gift, gratuity, property, commercial interest, or

  3  any other thing of economic value.

  4         (3)  "Harm" means loss, disadvantage, or injury to the

  5  person affected, including loss, disadvantage, or injury to

  6  any other person in whose welfare he or she is interested.

  7         (4)  "Public servant" means any public officer, agent,

  8  or employee of government, whether elected or appointed,

  9  including, but not limited to, any executive, legislative, or

10  judicial officer; any person who holds an office or position

11  in a political party or political party committee, whether

12  elected or appointed; and any person participating as a

13  special master, receiver, auditor, juror, arbitrator, umpire,

14  referee, consultant, administrative law judge, hearing

15  officer, or hearing examiner, or person acting on behalf of

16  any of these, in performing a governmental function; but the

17  term does not include witnesses.  Such term shall include a

18  candidate for election or appointment to any such office,

19  including any individual who seeks or intends to occupy any

20  such office.  It shall include any person appointed to any of

21  the foregoing offices or employments before and after he or

22  she qualifies.

23         (5)  "Government" includes the state government and any

24  city or county government or any branch, political

25  subdivision, or agency of the state, county, or city

26  government.

27         (6)  "Corruptly" means done with a wrongful intent and

28  for the purpose of obtaining or compensating or receiving

29  compensation for any benefit resulting from some act or

30  omission of a public servant which is inconsistent with the

31  proper performance of his or her public duties.

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  1         Section 4.  Subsection (3) of section 838.015, Florida

  2  Statutes, is amended to read:

  3         838.015  Bribery.--

  4         (3)  Any person who commits bribery commits is guilty

  5  of a felony of the second third degree, punishable as provided

  6  in s. 775.082, s. 775.083, or s. 775.084.

  7         Section 5.  Subsection (4) of section 838.016, Florida

  8  Statutes, is amended to read:

  9         838.016  Unlawful compensation or reward for official

10  behavior.--

11         (4)  Whoever violates the provisions of this section

12  commits shall be guilty of a felony of the second third

13  degree, punishable as provided in s. 775.082, s. 775.083, or

14  s. 775.084.

15         Section 6.  Sections 838.022, 838.20, 838.21, 838.22,

16  838.23, and 838.24, Florida Statutes, are created to read:

17         838.022  Official misconduct.--

18         (1)  It is unlawful for a public servant, with corrupt

19  intent to obtain a benefit for any person or to cause harm to

20  another, to:

21         (a)  Falsify, or cause another person to falsify, any

22  official record or official document;

23         (b)  Conceal, cover up, destroy, mutilate, or alter any

24  official record or official document or cause another person

25  to perform such an act; or

26         (c)  Obstruct, delay, or prevent the communication of

27  information relating to the commission of a felony that

28  directly involves or affects the public agency or public

29  entity served by the public servant.

30         (2)  For the purposes of this section:

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  1         (a)  The term "public servant," as defined in s.

  2  838.014, shall not include a candidate who does not otherwise

  3  qualify as a public servant.

  4         (b)  An official record or official document includes

  5  only public records.

  6         (3)  Any person who violates this section commits a

  7  felony of the second degree, punishable as provided in s.

  8  775.082, s. 775.083, or s. 775.084.

  9         838.20  Criminal misuse of official position.--

10         (1)  It is unlawful for any public servant, as defined

11  in s. 838.014(4)(a) and (b), to corruptly use or attempt to

12  use his or her official position, or any public property or

13  public resource that is within his or her trust, to:

14         (a)  Establish any business relationship between the

15  public servant's own agency and any business entity in which

16  the public servant receives or has an expectation of receiving

17  a benefit; or

18         (b)  Perform his or her official duties to secure for

19  himself or herself a benefit that is not generally available

20  to the public.

21         (2)  Any person who violates this section commits a

22  felony of the second degree, punishable as provided in s.

23  775.082, s. 775.083, or s. 775.084.

24         838.21  Disclosure or use of confidential criminal

25  justice information.--It is unlawful for a public servant,

26  with intent to obstruct, impede, or prevent a criminal

27  investigation or a criminal prosecution, to disclose active

28  criminal investigative or intelligence information as defined

29  in chapter 119 or to disclose or use information regarding

30  either the efforts to secure or the issuance of a warrant,

31  subpoena, or other court process or court order relating to a

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  1  criminal investigation or criminal prosecution when such

  2  information is not available to the general public and is

  3  gained by reason of the public servant's official position.

  4  Any person who violates this section commits a felony of the

  5  third degree, punishable as provided in s. 775.082, s.

  6  775.083, or s. 775.084.

  7         838.22  Bid tampering.--

  8         (1)  As used in this section, the term:

  9         (a)  "Bid" includes a response to an "invitation to

10  bid" or "request for proposals" as those terms are defined in

11  s. 287.012.

12         (b)  "Commodity" means any goods, merchandise, wares,

13  produce, chose in action, land, article of commerce, or other

14  tangible or intangible property, real, personal, or mixed, for

15  use, consumption, production, enjoyment, or resale.

16         (c)  "Service" means any kind of activity performed in

17  whole or in part for economic benefit.

18         (2)  It is unlawful for a public servant, with corrupt

19  intent to influence or attempt to influence the competitive

20  bidding process undertaken by any state, county, municipal, or

21  special district agency, or any other public entity, for the

22  procurement of commodities or services, to:

23         (a)  Disclose material information concerning a bid or

24  other aspects of the competitive bidding process when such

25  information is not publicly disclosed.

26         (b)  Establish a bid specification, contract

27  specification, request for proposal, invitation to bid, or

28  other material aspect of the competitive bidding process that

29  provides an unfair competitive advantage to any person who

30  submits a bid.

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  1         (c)  Alter or amend a submitted bid, documents or other

  2  materials supporting a submitted bid, or bid results for the

  3  purpose of providing an unfair competitive advantage to any

  4  person who submits a bid.

  5         (3)  It is unlawful for a public servant, with corrupt

  6  intent to obtain a benefit for any person or to cause unlawful

  7  harm to another, to circumvent a competitive bidding process

  8  required by law or rule by using a sole-source contract for

  9  commodities or services.

10         (4)  It is unlawful for any person to knowingly agree,

11  conspire, combine, or confederate, directly or indirectly,

12  with a public servant to violate subsection (2) or subsection

13  (3).

14         (5)  It is unlawful for any person to knowingly enter

15  into a contract for commodities or services which was secured

16  by a public servant acting in violation of subsection (2) or

17  subsection (3).

18         (6)  Any person who violates this section commits a

19  felony of the second degree, punishable as provided in s.

20  775.082, s. 775.083, or s. 775.084.

21         838.23  Status of confidential informants and

22  confidential sources.--A person who provides information

23  regarding suspected criminal violations committed by a public

24  servant as defined in s. 838.014 shall be considered a

25  confidential informant or confidential source pursuant to s.

26  119.07(3)(c).

27         838.24  Attorney's fees.--If a public servant is

28  arrested or prosecuted for an alleged violation of this

29  chapter and either the criminal charges are dismissed or the

30  public servant is acquitted, the public servant may petition

31  the employing public agency to award reasonable attorney's

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  1  fees and costs incurred by the public servant in defending

  2  against those charges. The employing public agency shall award

  3  attorney's fees to the public servant upon a finding that the

  4  public servant's actions arose out of or in connection with

  5  the performance of his or her official duties and served a

  6  public purpose.

  7         Section 7.  Section 837.02, Florida Statutes, is

  8  amended to read:

  9         837.02  Perjury in official proceedings.--

10         (1)  Except as provided in subsections subsection (2)

11  and (3), whoever makes a false statement, which he or she does

12  not believe to be true, under oath in an official proceeding

13  in regard to any material matter, commits a felony of the

14  third degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084.

16         (2)  Whoever makes a false statement, which he or she

17  does not believe to be true, under oath in an official

18  proceeding that relates to the prosecution of a capital

19  felony, commits a felony of the second degree, punishable as

20  provided in s. 775.082, s. 775.083, or s. 775.084.

21         (3)  Any public servant, as defined in s. 838.014, who

22  makes a false statement, which he or she does not believe to

23  be true, under oath in an official proceeding in regard to any

24  material matter that relates to his or her duties or actions

25  as a public servant commits a felony of the second degree,

26  punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084.

28         (4)(3)  Knowledge of the materiality of the statement

29  is not an element of the crime of perjury under subsection

30  (1), or subsection (2), or subsection (3) and the defendant's

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  1  mistaken belief that the statement was not material is not a

  2  defense.

  3         Section 8.  Subsection (1) of section 905.34, Florida

  4  Statutes, is amended to read:

  5         905.34  Powers and duties; law applicable.--The

  6  jurisdiction of a statewide grand jury impaneled under this

  7  chapter shall extend throughout the state. The subject matter

  8  jurisdiction of the statewide grand jury shall be limited to

  9  the offenses of:

10         (1)  Bribery, any violation of chapter 838, burglary,

11  carjacking, home-invasion robbery, criminal usury, extortion,

12  gambling, kidnapping, larceny, murder, prostitution, perjury,

13  and robbery;

14

15  or any attempt, solicitation, or conspiracy to commit any

16  violation of the crimes specifically enumerated above, when

17  any such offense is occurring, or has occurred, in two or more

18  judicial circuits as part of a related transaction or when any

19  such offense is connected with an organized criminal

20  conspiracy affecting two or more judicial circuits.  The

21  statewide grand jury may return indictments and presentments

22  irrespective of the county or judicial circuit where the

23  offense is committed or triable.  If an indictment is

24  returned, it shall be certified and transferred for trial to

25  the county where the offense was committed.  The powers and

26  duties of, and law applicable to, county grand juries shall

27  apply to a statewide grand jury except when such powers,

28  duties, and law are inconsistent with the provisions of ss.

29  905.31-905.40.

30

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  1         Section 9.  Paragraphs (a), (f), and (g) of subsection

  2  (3) of section 921.0022, Florida Statutes, are amended to

  3  read:

  4         921.0022  Criminal Punishment Code; offense severity

  5  ranking chart.--

  6         (3)  OFFENSE SEVERITY RANKING CHART

  7

  8  Florida           Felony

  9  Statute           Degree             Description

10

11                              (a)  LEVEL 1

12  24.118(3)(a)       3rd      Counterfeit or altered state

13                              lottery ticket.

14  212.054(2)(b)      3rd      Discretionary sales surtax;

15                              limitations, administration, and

16                              collection.

17  212.15(2)(b)       3rd      Failure to remit sales taxes,

18                              amount greater than $300 but less

19                              than $20,000.

20  319.30(5)          3rd      Sell, exchange, give away

21                              certificate of title or

22                              identification number plate.

23  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

24                              odometer.

25  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

26                              registration license plates or

27                              validation stickers.

28  322.212(1)         3rd      Possession of forged, stolen,

29                              counterfeit, or unlawfully issued

30                              driver's license; possession of

31                              simulated identification.

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  1  322.212(4)         3rd      Supply or aid in supplying

  2                              unauthorized driver's license or

  3                              identification card.

  4  322.212(5)(a)      3rd      False application for driver's

  5                              license or identification card.

  6  370.13(3)(a)       3rd      Molest any stone crab trap, line,

  7                              or buoy which is property of

  8                              licenseholder.

  9  370.135(1)         3rd      Molest any blue crab trap, line,

10                              or buoy which is property of

11                              licenseholder.

12  372.663(1)         3rd      Poach any alligator or

13                              crocodilia.

14  414.39(2)          3rd      Unauthorized use, possession,

15                              forgery, or alteration of food

16                              stamps, Medicaid ID, value

17                              greater than $200.

18  414.39(3)(a)       3rd      Fraudulent misappropriation of

19                              public assistance funds by

20                              employee/official, value more

21                              than $200.

22  443.071(1)         3rd      False statement or representation

23                              to obtain or increase

24                              unemployment compensation

25                              benefits.

26  509.151(1)         3rd      Defraud an innkeeper, food or

27                              lodging value greater than $300.

28  517.302(1)         3rd      Violation of the Florida

29                              Securities and Investor

30                              Protection Act.

31  562.27(1)          3rd      Possess still or still apparatus.

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  1  713.69             3rd      Tenant removes property upon

  2                              which lien has accrued, value

  3                              more than $50.

  4  812.014(3)(c)      3rd      Petit theft (3rd conviction);

  5                              theft of any property not

  6                              specified in subsection (2).

  7  812.081(2)         3rd      Unlawfully makes or causes to be

  8                              made a reproduction of a trade

  9                              secret.

10  815.04(4)(a)       3rd      Offense against intellectual

11                              property (i.e., computer

12                              programs, data).

13  817.52(2)          3rd      Hiring with intent to defraud,

14                              motor vehicle services.

15  826.01             3rd      Bigamy.

16  828.122(3)         3rd      Fighting or baiting animals.

17  831.04(1)          3rd      Any erasure, alteration, etc., of

18                              any replacement deed, map, plat,

19                              or other document listed in s.

20                              92.28.

21  831.31(1)(a)       3rd      Sell, deliver, or possess

22                              counterfeit controlled

23                              substances, all but s. 893.03(5)

24                              drugs.

25  832.041(1)         3rd      Stopping payment with intent to

26                              defraud $150 or more.

27  832.05

28   (2)(b)&(4)(c)     3rd      Knowing, making, issuing

29                              worthless checks $150 or more or

30                              obtaining property in return for

31                              worthless check $150 or more.

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  1  838.015(3)         3rd      Bribery.

  2  838.016(1)         3rd      Public servant receiving unlawful

  3                              compensation.

  4  838.15(2)          3rd      Commercial bribe receiving.

  5  838.16             3rd      Commercial bribery.

  6  843.18             3rd      Fleeing by boat to elude a law

  7                              enforcement officer.

  8  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

  9                              lewd, etc., material (2nd

10                              conviction).

11  849.01             3rd      Keeping gambling house.

12  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

13                              or assist therein, conduct or

14                              advertise drawing for prizes, or

15                              dispose of property or money by

16                              means of lottery.

17  849.23             3rd      Gambling-related machines;

18                              "common offender" as to property

19                              rights.

20  849.25(2)          3rd      Engaging in bookmaking.

21  860.08             3rd      Interfere with a railroad signal.

22  860.13(1)(a)       3rd      Operate aircraft while under the

23                              influence.

24  893.13(2)(a)2.     3rd      Purchase of cannabis.

25  893.13(6)(a)       3rd      Possession of cannabis (more than

26                              20 grams).

27  893.13(7)(a)10.    3rd      Affix false or forged label to

28                              package of controlled substance.

29  934.03(1)(a)       3rd      Intercepts, or procures any other

30                              person to intercept, any wire or

31                              oral communication.

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  1                              (f)  LEVEL 6

  2  316.027(1)(b)      2nd      Accident involving death, failure

  3                              to stop; leaving scene.

  4  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

  5                              conviction.

  6  775.0875(1)        3rd      Taking firearm from law

  7                              enforcement officer.

  8  775.21(10)         3rd      Sexual predators; failure to

  9                              register; failure to renew

10                              driver's license or

11                              identification card.

12  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

13                              without intent to kill.

14  784.021(1)(b)      3rd      Aggravated assault; intent to

15                              commit felony.

16  784.041            3rd      Felony battery.

17  784.048(3)         3rd      Aggravated stalking; credible

18                              threat.

19  784.048(5)         3rd      Aggravated stalking of person

20                              under 16.

21  784.07(2)(c)       2nd      Aggravated assault on law

22                              enforcement officer.

23  784.074(1)(b)      2nd      Aggravated assault on sexually

24                              violent predators facility staff.

25  784.08(2)(b)       2nd      Aggravated assault on a person 65

26                              years of age or older.

27  784.081(2)         2nd      Aggravated assault on specified

28                              official or employee.

29  784.082(2)         2nd      Aggravated assault by detained

30                              person on visitor or other

31                              detainee.

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  1  784.083(2)         2nd      Aggravated assault on code

  2                              inspector.

  3  787.02(2)          3rd      False imprisonment; restraining

  4                              with purpose other than those in

  5                              s. 787.01.

  6  790.115(2)(d)      2nd      Discharging firearm or weapon on

  7                              school property.

  8  790.161(2)         2nd      Make, possess, or throw

  9                              destructive device with intent to

10                              do bodily harm or damage

11                              property.

12  790.164(1)         2nd      False report of deadly explosive

13                              or act of arson or violence to

14                              state property.

15  790.19             2nd      Shooting or throwing deadly

16                              missiles into dwellings, vessels,

17                              or vehicles.

18  794.011(8)(a)      3rd      Solicitation of minor to

19                              participate in sexual activity by

20                              custodial adult.

21  794.05(1)          2nd      Unlawful sexual activity with

22                              specified minor.

23  800.04(5)(d)       3rd      Lewd or lascivious molestation;

24                              victim 12 years of age or older

25                              but less than 16 years; offender

26                              less than 18 years.

27  800.04(6)(b)       2nd      Lewd or lascivious conduct;

28                              offender 18 years of age or

29                              older.

30

31

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  1  806.031(2)         2nd      Arson resulting in great bodily

  2                              harm to firefighter or any other

  3                              person.

  4  810.02(3)(c)       2nd      Burglary of occupied structure;

  5                              unarmed; no assault or battery.

  6  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

  7                              but less than $100,000, grand

  8                              theft in 2nd degree.

  9  812.014(2)(b)2.    2nd      Property stolen cargo valued at

10                              less than $50,000, grand theft in

11                              2nd degree.

12  812.015(9)         2nd      Retail theft; property stolen

13                              $300 or more; second or

14                              subsequent conviction.

15  812.13(2)(c)       2nd      Robbery, no firearm or other

16                              weapon (strong-arm robbery).

17  817.034(4)(a)1.    1st      Communications fraud, value

18                              greater than $50,000.

19  817.4821(5)        2nd      Possess cloning paraphernalia

20                              with intent to create cloned

21                              cellular telephones.

22  825.102(1)         3rd      Abuse of an elderly person or

23                              disabled adult.

24  825.102(3)(c)      3rd      Neglect of an elderly person or

25                              disabled adult.

26  825.1025(3)        3rd      Lewd or lascivious molestation of

27                              an elderly person or disabled

28                              adult.

29  825.103(2)(c)      3rd      Exploiting an elderly person or

30                              disabled adult and property is

31                              valued at less than $20,000.

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  1  827.03(1)          3rd      Abuse of a child.

  2  827.03(3)(c)       3rd      Neglect of a child.

  3  827.071(2)&(3)     2nd      Use or induce a child in a sexual

  4                              performance, or promote or direct

  5                              such performance.

  6  836.05             2nd      Threats; extortion.

  7  836.10             2nd      Written threats to kill or do

  8                              bodily injury.

  9  838.21             3rd      Disclosure or use of confidential

10                              criminal justice information.

11  843.12             3rd      Aids or assists person to escape.

12  847.0135(3)        3rd      Solicitation of a child, via a

13                              computer service, to commit an

14                              unlawful sex act.

15  914.23             2nd      Retaliation against a witness,

16                              victim, or informant, with bodily

17                              injury.

18  943.0435(9)        3rd      Sex offenders; failure to comply

19                              with reporting requirements.

20  944.35(3)(a)2.     3rd      Committing malicious battery upon

21                              or inflicting cruel or inhuman

22                              treatment on an inmate or

23                              offender on community

24                              supervision, resulting in great

25                              bodily harm.

26  944.40             2nd      Escapes.

27  944.46             3rd      Harboring, concealing, aiding

28                              escaped prisoners.

29  944.47(1)(a)5.     2nd      Introduction of contraband

30                              (firearm, weapon, or explosive)

31                              into correctional facility.

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  1  951.22(1)          3rd      Intoxicating drug, firearm, or

  2                              weapon introduced into county

  3                              facility.

  4                              (g)  LEVEL 7

  5  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

  6                              injury.

  7  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

  8                              bodily injury.

  9  402.319(2)         2nd      Misrepresentation and negligence

10                              or intentional act resulting in

11                              great bodily harm, permanent

12                              disfiguration, permanent

13                              disability, or death.

14  409.920(2)         3rd      Medicaid provider fraud.

15  456.065(2)         3rd      Practicing a health care

16                              profession without a license.

17  456.065(2)         2nd      Practicing a health care

18                              profession without a license

19                              which results in serious bodily

20                              injury.

21  458.327(1)         3rd      Practicing medicine without a

22                              license.

23  459.013(1)         3rd      Practicing osteopathic medicine

24                              without a license.

25  460.411(1)         3rd      Practicing chiropractic medicine

26                              without a license.

27  461.012(1)         3rd      Practicing podiatric medicine

28                              without a license.

29  462.17             3rd      Practicing naturopathy without a

30                              license.

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  1  463.015(1)         3rd      Practicing optometry without a

  2                              license.

  3  464.016(1)         3rd      Practicing nursing without a

  4                              license.

  5  465.015(2)         3rd      Practicing pharmacy without a

  6                              license.

  7  466.026(1)         3rd      Practicing dentistry or dental

  8                              hygiene without a license.

  9  467.201            3rd      Practicing midwifery without a

10                              license.

11  468.366            3rd      Delivering respiratory care

12                              services without a license.

13  483.828(1)         3rd      Practicing as clinical laboratory

14                              personnel without a license.

15  483.901(9)         3rd      Practicing medical physics

16                              without a license.

17  484.013(1)(c)      3rd      Preparing or dispensing optical

18                              devices without a prescription.

19  484.053            3rd      Dispensing hearing aids without a

20                              license.

21  494.0018(2)        1st      Conviction of any violation of

22                              ss. 494.001-494.0077 in which the

23                              total money and property

24                              unlawfully obtained exceeded

25                              $50,000 and there were five or

26                              more victims.

27  560.123(8)(b)1.    3rd      Failure to report currency or

28                              payment instruments exceeding

29                              $300 but less than $20,000 by

30                              money transmitter.

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  1  560.125(5)(a)      3rd      Money transmitter business by

  2                              unauthorized person, currency or

  3                              payment instruments exceeding

  4                              $300 but less than $20,000.

  5  655.50(10)(b)1.    3rd      Failure to report financial

  6                              transactions exceeding $300 but

  7                              less than $20,000 by financial

  8                              institution.

  9  782.051(3)         2nd      Attempted felony murder of a

10                              person by a person other than the

11                              perpetrator or the perpetrator of

12                              an attempted felony.

13  782.07(1)          2nd      Killing of a human being by the

14                              act, procurement, or culpable

15                              negligence of another

16                              (manslaughter).

17  782.071            2nd      Killing of human being or viable

18                              fetus by the operation of a motor

19                              vehicle in a reckless manner

20                              (vehicular homicide).

21  782.072            2nd      Killing of a human being by the

22                              operation of a vessel in a

23                              reckless manner (vessel

24                              homicide).

25  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

26                              causing great bodily harm or

27                              disfigurement.

28  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

29                              weapon.

30  784.045(1)(b)      2nd      Aggravated battery; perpetrator

31                              aware victim pregnant.

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  1  784.048(4)         3rd      Aggravated stalking; violation of

  2                              injunction or court order.

  3  784.07(2)(d)       1st      Aggravated battery on law

  4                              enforcement officer.

  5  784.074(1)(a)      1st      Aggravated battery on sexually

  6                              violent predators facility staff.

  7  784.08(2)(a)       1st      Aggravated battery on a person 65

  8                              years of age or older.

  9  784.081(1)         1st      Aggravated battery on specified

10                              official or employee.

11  784.082(1)         1st      Aggravated battery by detained

12                              person on visitor or other

13                              detainee.

14  784.083(1)         1st      Aggravated battery on code

15                              inspector.

16  790.07(4)          1st      Specified weapons violation

17                              subsequent to previous conviction

18                              of s. 790.07(1) or (2).

19  790.16(1)          1st      Discharge of a machine gun under

20                              specified circumstances.

21  790.166(3)         2nd      Possessing, selling, using, or

22                              attempting to use a hoax weapon

23                              of mass destruction.

24  796.03             2nd      Procuring any person under 16

25                              years for prostitution.

26  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

27                              victim less than 12 years of age;

28                              offender less than 18 years.

29

30

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  1  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

  2                              victim 12 years of age or older

  3                              but less than 16 years; offender

  4                              18 years or older.

  5  806.01(2)          2nd      Maliciously damage structure by

  6                              fire or explosive.

  7  810.02(3)(a)       2nd      Burglary of occupied dwelling;

  8                              unarmed; no assault or battery.

  9  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

10                              unarmed; no assault or battery.

11  810.02(3)(d)       2nd      Burglary of occupied conveyance;

12                              unarmed; no assault or battery.

13  812.014(2)(a)      1st      Property stolen, valued at

14                              $100,000 or more; cargo stolen

15                              valued at $50,000, or more;

16                              property stolen while causing

17                              other property damage; 1st degree

18                              grand theft.

19  812.014(2)(b)2.    2nd      Property stolen, emergency

20                              medical equipment; 2nd degree

21                              grand theft.

22  812.019(2)         1st      Stolen property; initiates,

23                              organizes, plans, etc., the theft

24                              of property and traffics in

25                              stolen property.

26  812.131(2)(a)      2nd      Robbery by sudden snatching.

27  812.133(2)(b)      1st      Carjacking; no firearm, deadly

28                              weapon, or other weapon.

29  817.234(11)(c)     1st      Insurance fraud; property value

30                              $100,000 or more.

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  1  825.102(3)(b)      2nd      Neglecting an elderly person or

  2                              disabled adult causing great

  3                              bodily harm, disability, or

  4                              disfigurement.

  5  825.1025(2)        2nd      Lewd or lascivious battery upon

  6                              an elderly person or disabled

  7                              adult.

  8  825.103(2)(b)      2nd      Exploiting an elderly person or

  9                              disabled adult and property is

10                              valued at $20,000 or more, but

11                              less than $100,000.

12  827.03(3)(b)       2nd      Neglect of a child causing great

13                              bodily harm, disability, or

14                              disfigurement.

15  827.04(3)          3rd      Impregnation of a child under 16

16                              years of age by person 21 years

17                              of age or older.

18  837.02(3)          2nd      Perjury by a public servant in an

19                              official proceeding.

20  837.05(2)          3rd      Giving false information about

21                              alleged capital felony to a law

22                              enforcement officer.

23  838.015            2nd      Bribery.

24  838.016            2nd      Unlawful compensation or reward

25                              for official behavior.

26  838.021(3)(a)      2nd      Unlawful harm to a public

27                              servant.

28  838.022            2nd      Official misconduct.

29  838.20             2nd      Criminal misuse of official

30                              position.

31  838.22             2nd      Bid tampering.

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  1  872.06             2nd      Abuse of a dead human body.

  2  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  3                              cocaine (or other drug prohibited

  4                              under s. 893.03(1)(a), (1)(b),

  5                              (1)(d), (2)(a), (2)(b), or

  6                              (2)(c)4.) within 1,000 feet of a

  7                              child care facility or school.

  8  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

  9                              cocaine or other drug prohibited

10                              under s. 893.03(1)(a), (1)(b),

11                              (1)(d), (2)(a), (2)(b), or

12                              (2)(c)4., within 1,000 feet of

13                              property used for religious

14                              services or a specified business

15                              site.

16  893.13(4)(a)       1st      Deliver to minor cocaine (or

17                              other s. 893.03(1)(a), (1)(b),

18                              (1)(d), (2)(a), (2)(b), or

19                              (2)(c)4. drugs).

20  893.135(1)(a)1.    1st      Trafficking in cannabis, more

21                              than 25 lbs., less than 2,000

22                              lbs.

23  893.135

24   (1)(b)1.a.        1st      Trafficking in cocaine, more than

25                              28 grams, less than 200 grams.

26  893.135

27   (1)(c)1.a.        1st      Trafficking in illegal drugs,

28                              more than 4 grams, less than 14

29                              grams.

30

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  1  893.135

  2   (1)(d)1.          1st      Trafficking in phencyclidine,

  3                              more than 28 grams, less than 200

  4                              grams.

  5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  6                              than 200 grams, less than 5

  7                              kilograms.

  8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  9                              than 14 grams, less than 28

10                              grams.

11  893.135

12   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

13                              grams or more, less than 14

14                              grams.

15  893.135

16   (1)(h)1.a.        1st      Trafficking in

17                              gamma-hydroxybutyric acid (GHB),

18                              1 kilogram or more, less than 5

19                              kilograms.

20  893.135

21   (1)(i)1.a.        1st      Trafficking in 1,4-Butanediol, 1

22                              kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(j)2.a.        1st      Trafficking in Phenethylamines,

26                              10 grams or more, less than 200

27                              grams.

28  896.101(5)(a)      3rd      Money laundering, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

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  1  896.104(4)(a)1.    3rd      Structuring transactions to evade

  2                              reporting or registration

  3                              requirements, financial

  4                              transactions exceeding $300 but

  5                              less than $20,000.

  6         Section 10.  Sections 838.15, 838.16, and 839.25,

  7  Florida Statutes, are repealed.

  8         Section 11.  Paragraph (e) of subsection (2) of section

  9  112.3173, Florida Statutes, is amended to read:

10         112.3173  Felonies involving breach of public trust and

11  other specified offenses by public officers and employees;

12  forfeiture of retirement benefits.--

13         (2)  DEFINITIONS.--As used in this section, unless the

14  context otherwise requires, the term:

15         (e)  "Specified offense" means:

16         1.  The committing, aiding, or abetting of an

17  embezzlement of public funds;

18         2.  The committing, aiding, or abetting of any theft by

19  a public officer or employee from his or her employer;

20         3.  Bribery in connection with the employment of a

21  public officer or employee;

22         4.  Any felony specified in chapter 838, except ss.

23  838.15 and 838.16;

24         5.  The committing of an impeachable offense; or

25         6.  The committing of any felony by a public officer or

26  employee who, willfully and with intent to defraud the public

27  or the public agency for which the public officer or employee

28  acts or in which he or she is employed of the right to receive

29  the faithful performance of his or her duty as a public

30  officer or employee, realizes or obtains, or attempts to

31  realize or obtain, a profit, gain, or advantage for himself or

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  1  herself or for some other person through the use or attempted

  2  use of the power, rights, privileges, duties, or position of

  3  his or her public office or employment position.

  4         Section 12.  Subsection (2) of section 112.534, Florida

  5  Statutes, is amended to read:

  6         112.534  Failure to comply; official misconduct.--

  7         (2)  All the provisions of s. 838.022 839.25 shall

  8  apply to this part.

  9         Section 13.  Paragraph (d) of subsection (4) of section

10  117.01, Florida Statutes, is amended to read:

11         117.01  Appointment, application, suspension,

12  revocation, application fee, bond, and oath.--

13         (4)  The Governor may suspend a notary public for any

14  of the grounds provided in s. 7, Art. IV of the State

15  Constitution. Grounds constituting malfeasance, misfeasance,

16  or neglect of duty include, but are not limited to, the

17  following:

18         (d)  Official misconduct as defined in s. 838.022

19  839.25.

20         Section 14.  Paragraph (f) of subsection (5) of section

21  121.091, Florida Statutes, is amended to read:

22         121.091  Benefits payable under the system.--Benefits

23  may not be paid under this section unless the member has

24  terminated employment as provided in s. 121.021(39)(a) or

25  begun participation in the Deferred Retirement Option Program

26  as provided in subsection (13), and a proper application has

27  been filed in the manner prescribed by the department. The

28  department may cancel an application for retirement benefits

29  when the member or beneficiary fails to timely provide the

30  information and documents required by this chapter and the

31  department's rules. The department shall adopt rules

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  1  establishing procedures for application for retirement

  2  benefits and for the cancellation of such application when the

  3  required information or documents are not received.

  4         (5)  TERMINATION BENEFITS.--A member whose employment

  5  is terminated prior to retirement retains membership rights to

  6  previously earned member-noncontributory service credit, and

  7  to member-contributory service credit, if the member leaves

  8  the member contributions on deposit in his or her retirement

  9  account. If a terminated member receives a refund of member

10  contributions, such member may reinstate membership rights to

11  the previously earned service credit represented by the refund

12  by completing 1 year of creditable service and repaying the

13  refunded member contributions, plus interest.

14         (f)  Any member who has been found guilty by a verdict

15  of a jury, or by the court trying the case without a jury, of

16  committing, aiding, or abetting any embezzlement or theft from

17  his or her employer, bribery in connection with the

18  employment, or other felony specified in chapter 838, except

19  ss. 838.15 and 838.16, committed prior to retirement, or who

20  has entered a plea of guilty or of nolo contendere to such

21  crime, or any member whose employment is terminated by reason

22  of the member's admitted commitment, aiding, or abetting of an

23  embezzlement or theft from his or her employer, bribery, or

24  other felony specified in chapter 838, except ss. 838.15 and

25  838.16, shall forfeit all rights and benefits under this

26  chapter, except the return of his or her accumulated

27  contributions as of the date of termination.

28         Section 15.  This act shall take effect October 1,

29  2002.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Creates the "Citizens' Right to Honest Government Act."
  4    Authorizes the Office of Statewide Prosecution to
      investigate and prosecute violations of ch. 838, F.S.
  5    Revises, provides, and deletes definitions. Increases the
      penalties for bribery and unlawful compensation or reward
  6    for official behavior to a second degree felony. Provides
      penalties for official misconduct, criminal misuse of
  7    official position, disclosure or use of confidential
      criminal justice information by a public servant, and bid
  8    tampering. Provides status of confidential informants or
      confidential sources. Authorizes public servants who are
  9    subjected to an investigation for official misconduct to
      recover attorney's fees. Provides a penalty for perjury
10    by a public servant in an official proceeding. Ranks
      violations of ch. 838, F.S., in the Criminal Punishment
11    Code offense severity ranking chart. Repeals provisions
      relating to commercial bribe receiving, commercial
12    bribery, and official misconduct. Expands jurisdiction of
      the statewide grand jury to include violations of ch.
13    838, F.S.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

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