Senate Bill sb1996
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Florida Senate - 2002 SB 1996
By Senator Sebesta
20-338A-02
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,
9 838.016, F.S.; increasing penalties for bribery
10 and for unlawful compensation for official
11 behavior; creating ss. 838.022, 838.20, 838.21,
12 838.22, 838.23, 838.24, F.S.; providing
13 criminal penalties for official misconduct,
14 criminal misuse of official position,
15 disclosure or use of confidential criminal
16 justice information, and bid tampering;
17 providing status of confidential informants or
18 confidential sources; authorizing public
19 servants who are subjected to an investigation
20 for official misconduct to recover attorney's
21 fees; amending s. 837.02, F.S.; providing a
22 criminal penalty for perjury in an official
23 proceeding by a public servant; amending s.
24 921.0022, F.S.; deleting specified felonies
25 from and adding specified felonies to the
26 Criminal Punishment Code offense severity
27 ranking chart; repealing s. 838.15, F.S.,
28 relating to commercial bribe receiving;
29 repealing s. 838.16, F.S., relating to
30 commercial bribery; amending ss. 112.3173,
31 121.091, F.S., to conform cross-references;
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1 amending s. 905.34, F.S.; expanding the
2 jurisdiction of the statewide grand jury to
3 include violations of ch. 838, F.S.; providing
4 an effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. This act may be cited as the "Citizens'
9 Right to Honest Government Act."
10 Section 2. Paragraph (a) of subsection (1) of section
11 16.56, Florida Statutes, is amended to read:
12 16.56 Office of Statewide Prosecution.--
13 (1) There is created in the Department of Legal
14 Affairs an Office of Statewide Prosecution. The office shall
15 be a separate "budget entity" as that term is defined in
16 chapter 216. The office may:
17 (a) Investigate and prosecute the offenses of:
18 1. Bribery, any violation of chapter 838, burglary,
19 criminal usury, extortion, gambling, kidnapping, larceny,
20 murder, prostitution, perjury, robbery, carjacking, and
21 home-invasion robbery;
22 2. Any crime involving narcotic or other dangerous
23 drugs;
24 3. Any violation of the provisions of the Florida RICO
25 (Racketeer Influenced and Corrupt Organization) Act, including
26 any offense listed in the definition of racketeering activity
27 in s. 895.02(1)(a), providing such listed offense is
28 investigated in connection with a violation of s. 895.03 and
29 is charged in a separate count of an information or indictment
30 containing a count charging a violation of s. 895.03, the
31 prosecution of which listed offense may continue independently
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1 if the prosecution of the violation of s. 895.03 is terminated
2 for any reason;
3 4. Any violation of the provisions of the Florida
4 Anti-Fencing Act;
5 5. Any violation of the provisions of the Florida
6 Antitrust Act of 1980, as amended;
7 6. Any crime involving, or resulting in, fraud or
8 deceit upon any person;
9 7. Any violation of s. 847.0135, relating to computer
10 pornography and child exploitation prevention, or any offense
11 related to a violation of s. 847.0135; or
12 8. Any violation of the provisions of chapter 815;
13
14 or any attempt, solicitation, or conspiracy to commit any of
15 the crimes specifically enumerated above. The office shall
16 have such power only when any such offense is occurring, or
17 has occurred, in two or more judicial circuits as part of a
18 related transaction, or when any such offense is connected
19 with an organized criminal conspiracy affecting two or more
20 judicial circuits.
21 Section 3. Section 838.014, Florida Statutes, is
22 amended to read:
23 838.014 Definitions.--As used in For the purposes of
24 this chapter, the term unless a different meaning plainly is
25 required:
26 (1) "Benefit" means gain or advantage, or anything
27 regarded by the person to be benefited as a gain or advantage,
28 including the doing of an act beneficial to any person in
29 whose welfare he or she is interested, including any
30 commission, gift, gratuity, property, commercial interest, or
31 any other thing of economic value.
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1 (2) "Corruptly" or "with corrupt intent" means done
2 with knowledge that the act is wrongful.
3 (3) "Harm" means pecuniary or other loss,
4 disadvantage, or injury to the person affected, including
5 loss, disadvantage, or injury to any other person in whose
6 welfare he or she is interested.
7 (4) "Public servant" means:
8 (a) Any officer or employee of a state, county,
9 municipal, or special district agency or entity;
10 (b) Any legislative or judicial officer or employee;
11 (c) Any officer, director, partner, manager,
12 representative, or employee of a nongovernmental entity that
13 is authorized by law or contract to perform a governmental
14 function or provide a governmental service on behalf of a
15 state, county, municipal, or special district agency or entity
16 to the extent that the individual's conduct relates to the
17 performance of the governmental function or provision of the
18 governmental service;
19 (d) Any person who holds an office in a political
20 party or political party committee;
21 (e) Any person, except a witness, who acts as a
22 master, receiver, auditor, juror, arbitrator, umpire, referee,
23 consultant, or hearing officer while performing a governmental
24 function; or
25 (f) A candidate for election or appointment to any of
26 the positions listed in this subsection, or an individual who
27 has been elected to, but has yet to officially assume the
28 responsibilities of, public office.
29 (2) "Pecuniary benefit" is benefit in the form of any
30 commission, gift, gratuity, property, commercial interest, or
31 any other thing of economic value.
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1 (3) "Harm" means loss, disadvantage, or injury to the
2 person affected, including loss, disadvantage, or injury to
3 any other person in whose welfare he or she is interested.
4 (4) "Public servant" means any public officer, agent,
5 or employee of government, whether elected or appointed,
6 including, but not limited to, any executive, legislative, or
7 judicial officer; any person who holds an office or position
8 in a political party or political party committee, whether
9 elected or appointed; and any person participating as a
10 special master, receiver, auditor, juror, arbitrator, umpire,
11 referee, consultant, administrative law judge, hearing
12 officer, or hearing examiner, or person acting on behalf of
13 any of these, in performing a governmental function; but the
14 term does not include witnesses. Such term shall include a
15 candidate for election or appointment to any such office,
16 including any individual who seeks or intends to occupy any
17 such office. It shall include any person appointed to any of
18 the foregoing offices or employments before and after he or
19 she qualifies.
20 (5) "Government" includes the state government and any
21 city or county government or any branch, political
22 subdivision, or agency of the state, county, or city
23 government.
24 (6) "Corruptly" means done with a wrongful intent and
25 for the purpose of obtaining or compensating or receiving
26 compensation for any benefit resulting from some act or
27 omission of a public servant which is inconsistent with the
28 proper performance of his or her public duties.
29 Section 4. Subsection (3) of section 838.015, Florida
30 Statutes, is amended to read:
31 838.015 Bribery.--
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1 (3) Any person who commits bribery commits is guilty
2 of a felony of the second third degree, punishable as provided
3 in s. 775.082, s. 775.083, or s. 775.084.
4 Section 5. Subsection (4) of section 838.016, Florida
5 Statutes, is amended to read:
6 838.016 Unlawful compensation or reward for official
7 behavior.--
8 (4) Whoever violates the provisions of this section
9 commits shall be guilty of a felony of the second third
10 degree, punishable as provided in s. 775.082, s. 775.083, or
11 s. 775.084.
12 Section 6. Sections 838.022, 838.20, 838.21, 838.22,
13 838.23, and 838.24, Florida Statutes, are created to read:
14 838.022 Official misconduct.--
15 (1) It is unlawful for a public servant, with corrupt
16 intent to obtain a benefit for any person or to cause harm to
17 another, to:
18 (a) Falsify, or cause another person to falsify, any
19 official record or official document;
20 (b) Conceal, cover up, destroy, mutilate, or alter any
21 official record or official document or cause another person
22 to perform such an act; or
23 (c) Obstruct, delay, or prevent the communication of
24 information relating to the commission of a felony that
25 directly involves or affects the public agency or public
26 entity served by the public servant.
27 (2) For the purposes of this section:
28 (a) The term "public servant" does not include a
29 candidate who does not otherwise qualify as a public servant.
30 (b) An official record or official document includes
31 only public records.
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1 (3) Any person who violates this section commits a
2 felony of the second degree, punishable as provided in s.
3 775.082, s. 775.083, or s. 775.084.
4 838.20 Criminal misuse of official position.--
5 (1) It is unlawful for any public officer or public
6 employee to corruptly use or attempt to use his or her
7 official position, or any public property or public resource
8 within his or her trust, to:
9 (a) Establish any business relationship between the
10 public officer's or public employee's own agency and any
11 business entity in which the public officer or public employee
12 receives or has an expectation of receiving a benefit; or
13 (b) Perform his or her official duties to secure for
14 himself or herself a benefit that is not generally available
15 to the public.
16 (2) Any person who violates this section commits a
17 felony of the second degree, punishable as provided in s.
18 775.082, s. 775.083, or s. 775.084.
19 838.21 Disclosure or use of confidential criminal
20 justice information.--It is unlawful for a public servant,
21 with intent to obstruct, impede, or prevent a criminal
22 investigation or a criminal prosecution, to disclose active
23 criminal investigative or intelligence information as defined
24 in chapter 119 or to disclose or use information regarding
25 either the efforts to secure or the issuance of a warrant,
26 subpoena, or other court process or court order relating to a
27 criminal investigation or criminal prosecution when such
28 information is not available to the general public and is
29 gained by reason of the public servant's official position.
30 Any person who violates this section commits a felony of the
31
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1 third degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 838.22 Bid tampering.--
4 (1) As used in this section, the term:
5 (a) "Bid" includes a response to an "invitation to
6 bid" or "request for proposals" as those terms are defined in
7 s. 287.012.
8 (b) "Commodity" means any goods, merchandise, wares,
9 produce, chose in action, land, article of commerce, or other
10 tangible or intangible property, real, personal, or mixed, for
11 use, consumption, production, enjoyment, or resale.
12 (c) "Service" means any kind of activity performed in
13 whole or in part for economic benefit.
14 (2) It is unlawful for a public servant, with corrupt
15 intent to influence or attempt to influence the competitive
16 bidding process undertaken by any state, county, municipal, or
17 special district agency, or any other public entity, for the
18 procurement of commodities or services, to:
19 (a) Disclose material information concerning a bid or
20 other aspects of the competitive bidding process when such
21 information is not publicly disclosed.
22 (b) Establish a bid specification, contract
23 specification, request for proposal, invitation to bid, or
24 other material aspect of the competitive bidding process that
25 provides an unfair competitive advantage to any person who
26 submits a bid.
27 (c) Alter or amend a submitted bid, documents or other
28 materials supporting a submitted bid, or bid results for the
29 purpose of providing an unfair competitive advantage to any
30 person who submits a bid.
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1 (3) It is unlawful for a public servant, with corrupt
2 intent to obtain a benefit for any person or to cause unlawful
3 harm to another, to circumvent a competitive bidding process
4 required by law or rule by using a sole-source contract for
5 commodities or services.
6 (4) It is unlawful for any person to knowingly agree,
7 conspire, combine, or confederate, directly or indirectly,
8 with a public servant to violate subsection (2) or subsection
9 (3).
10 (5) It is unlawful for any person to knowingly enter
11 into a contract for commodities or services which was secured
12 by a public servant acting in violation of subsection (2) or
13 subsection (3).
14 (6) Any person who violates this section commits a
15 felony of the second degree, punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084.
17 838.23 Status of confidential informants and
18 confidential sources.--A person who provides information
19 regarding suspected criminal violations committed by a public
20 servant as defined in s. 838.014 shall be considered a
21 confidential informant or confidential source pursuant to s.
22 119.07(3)(c).
23 838.24 Attorney's fees.--If a public servant is
24 arrested or prosecuted for an alleged violation of this
25 chapter and either the criminal charges are dismissed or the
26 public servant is acquitted, the public servant may petition
27 the employing public agency to award attorney's fees for the
28 costs incurred by the public servant in defending against
29 those charges. The employing public agency shall award
30 attorney's fees to the public servant upon a finding that the
31 public servant's actions arose out of or in connection with
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1 the performance of his or her official duties and served a
2 public purpose.
3 Section 7. Section 837.02, Florida Statutes, is
4 amended to read:
5 837.02 Perjury in official proceedings.--
6 (1) Except as provided in subsections subsection (2)
7 and (3), whoever makes a false statement, which he or she does
8 not believe to be true, under oath in an official proceeding
9 in regard to any material matter, commits a felony of the
10 third degree, punishable as provided in s. 775.082, s.
11 775.083, or s. 775.084.
12 (2) Whoever makes a false statement, which he or she
13 does not believe to be true, under oath in an official
14 proceeding that relates to the prosecution of a capital
15 felony, commits a felony of the second degree, punishable as
16 provided in s. 775.082, s. 775.083, or s. 775.084.
17 (3) Any public servant, as defined in s. 838.014, who
18 makes a false statement, which he or she does not believe to
19 be true, under oath in an official proceeding in regard to any
20 material matter that relates to his or her duties or actions
21 as a public servant commits a felony of the second degree,
22 punishable as provided in s. 775.082, s. 775.083, or s.
23 775.084.
24 (4)(3) Knowledge of the materiality of the statement
25 is not an element of the crime of perjury under subsection
26 (1), or subsection (2), or subsection (3), and the defendant's
27 mistaken belief that the statement was not material is not a
28 defense.
29 Section 8. Paragraphs (a), (f), and (g) of subsection
30 (3) of section 921.0022, Florida Statutes, as amended by
31
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1 section 2 of chapter 2001-358, Laws of Florida, are amended to
2 read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6
7 Florida Felony
8 Statute Degree Description
9
10 (a) LEVEL 1
11 24.118(3)(a) 3rd Counterfeit or altered state
12 lottery ticket.
13 212.054(2)(b) 3rd Discretionary sales surtax;
14 limitations, administration, and
15 collection.
16 212.15(2)(b) 3rd Failure to remit sales taxes,
17 amount greater than $300 but less
18 than $20,000.
19 319.30(5) 3rd Sell, exchange, give away
20 certificate of title or
21 identification number plate.
22 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
23 odometer.
24 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
25 registration license plates or
26 validation stickers.
27 322.212(1) 3rd Possession of forged, stolen,
28 counterfeit, or unlawfully issued
29 driver's license; possession of
30 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
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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.
31
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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
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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 9. Sections 838.15 and 838.16, Florida
7 Statutes, are repealed.
8 Section 10. 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 11. Paragraph (f) of subsection (5) of section
5 121.091, Florida Statutes, is amended to read:
6 121.091 Benefits payable under the system.--Benefits
7 may not be paid under this section unless the member has
8 terminated employment as provided in s. 121.021(39)(a) or
9 begun participation in the Deferred Retirement Option Program
10 as provided in subsection (13), and a proper application has
11 been filed in the manner prescribed by the department. The
12 department may cancel an application for retirement benefits
13 when the member or beneficiary fails to timely provide the
14 information and documents required by this chapter and the
15 department's rules. The department shall adopt rules
16 establishing procedures for application for retirement
17 benefits and for the cancellation of such application when the
18 required information or documents are not received.
19 (5) TERMINATION BENEFITS.--A member whose employment
20 is terminated prior to retirement retains membership rights to
21 previously earned member-noncontributory service credit, and
22 to member-contributory service credit, if the member leaves
23 the member contributions on deposit in his or her retirement
24 account. If a terminated member receives a refund of member
25 contributions, such member may reinstate membership rights to
26 the previously earned service credit represented by the refund
27 by completing 1 year of creditable service and repaying the
28 refunded member contributions, plus interest.
29 (f) Any member who has been found guilty by a verdict
30 of a jury, or by the court trying the case without a jury, of
31 committing, aiding, or abetting any embezzlement or theft from
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1 his or her employer, bribery in connection with the
2 employment, or other felony specified in chapter 838, except
3 ss. 838.15 and 838.16, committed prior to retirement, or who
4 has entered a plea of guilty or of nolo contendere to such
5 crime, or any member whose employment is terminated by reason
6 of the member's admitted commitment, aiding, or abetting of an
7 embezzlement or theft from his or her employer, bribery, or
8 other felony specified in chapter 838, except ss. 838.15 and
9 838.16, shall forfeit all rights and benefits under this
10 chapter, except the return of his or her accumulated
11 contributions as of the date of termination.
12 Section 12. Section 905.34, Florida Statutes, is
13 amended to read:
14 905.34 Powers and duties; law applicable.--The
15 jurisdiction of a statewide grand jury impaneled under this
16 chapter shall extend throughout the state. The subject matter
17 jurisdiction of the statewide grand jury shall be limited to
18 the offenses of:
19 (1) Bribery, any violation of chapter 838, burglary,
20 carjacking, home-invasion robbery, criminal usury, extortion,
21 gambling, kidnapping, larceny, murder, prostitution, perjury,
22 and robbery;
23 (2) Crimes involving narcotic or other dangerous
24 drugs;
25 (3) Any violation of the provisions of the Florida
26 RICO (Racketeer Influenced and Corrupt Organization) Act,
27 including any offense listed in the definition of racketeering
28 activity 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 violation of the provisions of chapter 815;
9 (7) Any crime involving, or resulting in, fraud or
10 deceit upon any person;
11 (8) Any violation of s. 847.0135, s. 847.0137, or s.
12 847.0138 relating to computer pornography and child
13 exploitation prevention, or any offense related to a violation
14 of s. 847.0135, s. 847.0137, or s. 847.0138;
15
16 or any attempt, solicitation, or conspiracy to commit any
17 violation of the crimes specifically enumerated above, when
18 any such offense is occurring, or has occurred, in two or more
19 judicial circuits as part of a related transaction or when any
20 such offense is connected with an organized criminal
21 conspiracy affecting two or more judicial circuits. The
22 statewide grand jury may return indictments and presentments
23 irrespective of the county or judicial circuit where the
24 offense is committed or triable. If an indictment is
25 returned, it shall be certified and transferred for trial to
26 the county where the offense was committed. The powers and
27 duties of, and law applicable to, county grand juries shall
28 apply to a statewide grand jury except when such powers,
29 duties, and law are inconsistent with the provisions of ss.
30 905.31-905.40.
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1 Section 13. This act shall take effect October 1,
2 2002.
3
4 *****************************************
5 LEGISLATIVE SUMMARY
6 Creates the "Citizens' Right to Honest Government Act."
Authorizes the Office of Statewide Prosecution to
7 investigate and prosecute violations of ch. 838, F.S.
Authorizes a statewide grand jury to investigate
8 violations of ch. 838, F.S. Revises, provides, and
deletes definitions. Increases the penalties for bribery
9 and unlawful compensation or reward for official behavior
to a second-degree felony. Provides penalties for
10 official misconduct, criminal misuse of official
position, disclosure or use of confidential criminal
11 justice information by a public servant, and bid
tampering. Provides status of confidential informants or
12 confidential sources. Authorizes public servants who are
subjected to an investigation for official misconduct to
13 recover attorney's fees. Provides a penalty for perjury
by a public servant in an official proceeding. Ranks
14 violations of ch. 838, F.S., in the Criminal Punishment
Code offense severity ranking chart. Repeals provisions
15 relating to commercial bribe receiving and commercial
bribery.
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