SENATE AMENDMENT
    Bill No. CS for SB 2030
    Amendment No. ___   Barcode 262366
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  WD/2R          .                    
       04/30/2003 03:04 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Sebesta moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  This act may be known by the popular name
18  the "Paul Mendelson Citizens' Right to Honest Government Act."
19         Section 2.  Section 838.014, Florida Statutes, is
20  amended to read:
21         838.014  Definitions.--As used in For the purposes of
22  this chapter, the term unless a different meaning plainly is
23  required:
24         (1)  "Benefit" means gain or advantage, or anything
25  regarded by the person to be benefited as a gain or advantage,
26  including the doing of an act beneficial to any person in
27  whose welfare he or she is interested, including any
28  commission, gift, gratuity, property, commercial interest, or
29  any other thing of economic value not authorized by law.
30         (2)  "Bid" includes a response to an "invitation to
31  bid," "invitation to negotiate," "request for a quote," or
                                  1
    8:26 PM   04/29/03                              s2030c1c-16m0a

SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 "request for proposals" as those terms are defined in s. 2 287.012. 3 (3) "Commodity" means any goods, merchandise, wares, 4 produce, chose in action, land, article of commerce, or other 5 tangible or intangible property, real, personal, or mixed, for 6 use, consumption, production, enjoyment, or resale. 7 (4) "Corruptly" or "with corrupt intent" means acting 8 knowingly and dishonestly for a wrongful purpose. 9 (5) "Harm" means pecuniary or other loss, 10 disadvantage, or injury to the person affected. 11 (6) "Public servant" means: 12 (a) Any officer or employee of a state, county, 13 municipal, or special district agency or entity; 14 (b) Any legislative or judicial officer or employee; 15 (c) Any person, except a witness, who acts as a 16 master, receiver, auditor, arbitrator, umpire, referee, 17 consultant, or hearing officer while performing a governmental 18 function; or 19 (d) A candidate for election or appointment to any of 20 the positions listed in this subsection, or an individual who 21 has been elected to, but has yet to officially assume the 22 responsibilities of, public office. 23 (7) "Service" means any kind of activity performed in 24 whole or in part for economic benefit. 25 (2) "Pecuniary benefit" is benefit in the form of any 26 commission, gift, gratuity, property, commercial interest, or 27 any other thing of economic value. 28 (3) "Harm" means loss, disadvantage, or injury to the 29 person affected, including loss, disadvantage, or injury to 30 any other person in whose welfare he or she is interested. 31 (4) "Public servant" means any public officer, agent, 2 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 or employee of government, whether elected or appointed, 2 including, but not limited to, any executive, legislative, or 3 judicial officer; any person who holds an office or position 4 in a political party or political party committee, whether 5 elected or appointed; and any person participating as a 6 special master, receiver, auditor, juror, arbitrator, umpire, 7 referee, consultant, administrative law judge, hearing 8 officer, or hearing examiner, or person acting on behalf of 9 any of these, in performing a governmental function; but the 10 term does not include witnesses. Such term shall include a 11 candidate for election or appointment to any such office, 12 including any individual who seeks or intends to occupy any 13 such office. It shall include any person appointed to any of 14 the foregoing offices or employments before and after he or 15 she qualifies. 16 (5) "Government" includes the state government and any 17 city or county government or any branch, political 18 subdivision, or agency of the state, county, or city 19 government. 20 (6) "Corruptly" means done with a wrongful intent and 21 for the purpose of obtaining or compensating or receiving 22 compensation for any benefit resulting from some act or 23 omission of a public servant which is inconsistent with the 24 proper performance of his or her public duties. 25 Section 3. Subsections (1) and (3) of section 838.015, 26 Florida Statutes, are amended to read: 27 838.015 Bribery.-- 28 (1) "Bribery" means corruptly to give, offer, or 29 promise to any public servant, or, if a public servant, 30 corruptly to request, solicit, accept, or agree to accept for 31 himself or herself or another, any pecuniary or other benefit 3 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 not authorized by law with an intent or purpose to influence 2 the performance of any act or omission which the person 3 believes to be, or the public servant represents as being, 4 within the official discretion of a public servant, in 5 violation of a public duty, or in performance of a public 6 duty. 7 (3) Any person who commits bribery commits is guilty 8 of a felony of the second third degree, punishable as provided 9 in s. 775.082, s. 775.083, or s. 775.084. 10 Section 4. Subsection (4) of section 838.016, Florida 11 Statutes, is amended to read: 12 838.016 Unlawful compensation or reward for official 13 behavior.-- 14 (4) Whoever violates the provisions of this section 15 commits shall be guilty of a felony of the second third 16 degree, punishable as provided in s. 775.082, s. 775.083, or 17 s. 775.084. 18 Section 5. Sections 838.022, 838.21, and 838.22, 19 Florida Statutes, are created to read: 20 838.022 Official misconduct.-- 21 (1) It is unlawful for a public servant, with corrupt 22 intent to obtain a benefit for any person or to cause harm to 23 another, to: 24 (a) Falsify, or cause another person to falsify, any 25 official record or official document; 26 (b) Conceal, cover up, destroy, mutilate, or alter any 27 official record or official document or cause another person 28 to perform such an act; or 29 (c) Obstruct, delay, or prevent the communication of 30 information relating to the commission of a felony that 31 directly involves or affects the public agency or public 4 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 entity served by the public servant. 2 (2) For the purposes of this section: 3 (a) The term "public servant" does not include a 4 candidate who does not otherwise qualify as a public servant. 5 (b) An official record or official document includes 6 only public records. 7 (3) Any person who violates this section commits a 8 felony of the third degree, punishable as provided in s. 9 775.082, s. 775.083, or s. 775.084. 10 838.21 Disclosure or use of confidential criminal 11 justice information.--It is unlawful for a public servant, 12 with intent to obstruct, impede, or prevent a criminal 13 investigation or a criminal prosecution, to disclose active 14 criminal investigative or intelligence information as defined 15 in chapter 119 or to disclose or use information regarding 16 either the efforts to secure or the issuance of a warrant, 17 subpoena, or other court process or court order relating to a 18 criminal investigation or criminal prosecution when such 19 information is not available to the general public and is 20 gained by reason of the public servant's official position. 21 Any person who violates this section commits a felony of the 22 third degree, punishable as provided in s. 775.082, s. 23 775.083, or s. 775.084. 24 838.22 Bid tampering.-- 25 (1) It is unlawful for a public servant, with corrupt 26 intent to influence or attempt to influence the competitive 27 bidding process undertaken by any state, county, municipal, or 28 special district agency, or any other public entity, for the 29 procurement of commodities or services, to: 30 (a) Disclose material information concerning a bid or 31 other aspects of the competitive bidding process when such 5 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 information is not publicly disclosed. 2 (b) Alter or amend a submitted bid, documents or other 3 materials supporting a submitted bid, or bid results for the 4 purpose of intentionally providing a competitive advantage to 5 any person who submits a bid. 6 (2) It is unlawful for a public servant, with corrupt 7 intent to obtain a benefit for any person or to cause unlawful 8 harm to another, to circumvent a competitive bidding process 9 required by law or rule by using a sole-source contract for 10 commodities or services. 11 (3) It is unlawful for any person to knowingly agree, 12 conspire, combine, or confederate, directly or indirectly, 13 with a public servant to violate subsection (1) or subsection 14 (2). 15 (4) It is unlawful for any person to knowingly enter 16 into a contract for commodities or services which was secured 17 by a public servant acting in violation of subsection (1) or 18 subsection (2). 19 (5) Any person who violates this section commits a 20 felony of the second degree, punishable as provided in s. 21 775.082, s. 775.083, or s. 775.084. 22 Section 6. Paragraphs (a), (d), and (g) of subsection 23 (3) of section 921.0022, Florida Statutes, are amended to 24 read: 25 921.0022 Criminal Punishment Code; offense severity 26 ranking chart.-- 27 (3) OFFENSE SEVERITY RANKING CHART 28 Florida Felony Description 29 Statute Degree 30 (a) LEVEL 1 31 6 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 24.118(3)(a) 3rd Counterfeit or altered state 2 lottery ticket. 3 212.054(2)(b) 3rd Discretionary sales surtax; 4 limitations, administration, and 5 collection. 6 212.15(2)(b) 3rd Failure to remit sales taxes, 7 amount greater than $300 but less 8 than $20,000. 9 319.30(5) 3rd Sell, exchange, give away 10 certificate of title or 11 identification number plate. 12 319.35(1)(a) 3rd Tamper, adjust, change, etc., an 13 odometer. 14 320.26(1)(a) 3rd Counterfeit, manufacture, or sell 15 registration license plates or 16 validation stickers. 17 322.212(1)(a)-(c) 3rd Possession of forged, stolen, 18 counterfeit, or unlawfully issued 19 driver's license; possession of 20 simulated identification. 21 322.212(4) 3rd Supply or aid in supplying 22 unauthorized driver's license or 23 identification card. 24 322.212(5)(a) 3rd False application for driver's 25 license or identification card. 26 370.13(3)(a) 3rd Molest any stone crab trap, line, 27 or buoy which is property of 28 licenseholder. 29 370.135(1) 3rd Molest any blue crab trap, line, 30 or buoy which is property of 31 licenseholder. 7 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 372.663(1) 3rd Poach any alligator or 2 crocodilia. 3 414.39(2) 3rd Unauthorized use, possession, 4 forgery, or alteration of food 5 stamps, Medicaid ID, value 6 greater than $200. 7 414.39(3)(a) 3rd Fraudulent misappropriation of 8 public assistance funds by 9 employee/official, value more 10 than $200. 11 443.071(1) 3rd False statement or representation 12 to obtain or increase 13 unemployment compensation 14 benefits. 15 509.151(1) 3rd Defraud an innkeeper, food or 16 lodging value greater than $300. 17 517.302(1) 3rd Violation of the Florida 18 Securities and Investor 19 Protection Act. 20 562.27(1) 3rd Possess still or still apparatus. 21 713.69 3rd Tenant removes property upon 22 which lien has accrued, value 23 more than $50. 24 812.014(3)(c) 3rd Petit theft (3rd conviction); 25 theft of any property not 26 specified in subsection (2). 27 812.081(2) 3rd Unlawfully makes or causes to be 28 made a reproduction of a trade 29 secret. 30 815.04(4)(a) 3rd Offense against intellectual 31 property (i.e., computer 8 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 programs, data). 2 817.52(2) 3rd Hiring with intent to defraud, 3 motor vehicle services. 4 817.569(2) 3rd Use of public record or public 5 records information to facilitate 6 commission of a felony. 7 826.01 3rd Bigamy. 8 828.122(3) 3rd Fighting or baiting animals. 9 831.04(1) 3rd Any erasure, alteration, etc., of 10 any replacement deed, map, plat, 11 or other document listed in s. 12 92.28. 13 831.31(1)(a) 3rd Sell, deliver, or possess 14 counterfeit controlled 15 substances, all but s. 893.03(5) 16 drugs. 17 832.041(1) 3rd Stopping payment with intent to 18 defraud $150 or more. 19 832.05(2)(b)&(4)(c)3rd Knowing, making, issuing 20 worthless checks $150 or more or 21 obtaining property in return for 22 worthless check $150 or more. 23 838.015(3) 3rd Bribery. 24 838.016(1) 3rd Public servant receiving unlawful 25 compensation. 26 838.15(2) 3rd Commercial bribe receiving. 27 838.16 3rd Commercial bribery. 28 843.18 3rd Fleeing by boat to elude a law 29 enforcement officer. 30 847.011(1)(a) 3rd Sell, distribute, etc., obscene, 31 lewd, etc., material (2nd 9 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 conviction). 2 849.01 3rd Keeping gambling house. 3 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., 4 or assist therein, conduct or 5 advertise drawing for prizes, or 6 dispose of property or money by 7 means of lottery. 8 849.23 3rd Gambling-related machines; 9 "common offender" as to property 10 rights. 11 849.25(2) 3rd Engaging in bookmaking. 12 860.08 3rd Interfere with a railroad signal. 13 860.13(1)(a) 3rd Operate aircraft while under the 14 influence. 15 893.13(2)(a)2. 3rd Purchase of cannabis. 16 893.13(6)(a) 3rd Possession of cannabis (more than 17 20 grams). 18 934.03(1)(a) 3rd Intercepts, or procures any other 19 person to intercept, any wire or 20 oral communication. 21 (d) LEVEL 4 22 316.1935(3) 2nd Driving at high speed or with 23 wanton disregard for safety while 24 fleeing or attempting to elude 25 law enforcement officer who is in 26 a marked patrol vehicle with 27 siren and lights activated. 28 784.07(2)(b) 3rd Battery of law enforcement 29 officer, firefighter, intake 30 officer, etc. 31 10 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 784.074(1)(c) 3rd Battery of sexually violent 2 predators facility staff. 3 784.075 3rd Battery on detention or 4 commitment facility staff. 5 784.078 3rd Battery of facility employee by 6 throwing, tossing, or expelling 7 certain fluids or materials. 8 784.08(2)(c) 3rd Battery on a person 65 years of 9 age or older. 10 784.081(3) 3rd Battery on specified official or 11 employee. 12 784.082(3) 3rd Battery by detained person on 13 visitor or other detainee. 14 784.083(3) 3rd Battery on code inspector. 15 784.085 3rd Battery of child by throwing, 16 tossing, projecting, or expelling 17 certain fluids or materials. 18 787.03(1) 3rd Interference with custody; 19 wrongly takes child from 20 appointed guardian. 21 787.04(2) 3rd Take, entice, or remove child 22 beyond state limits with criminal 23 intent pending custody 24 proceedings. 25 787.04(3) 3rd Carrying child beyond state lines 26 with criminal intent to avoid 27 producing child at custody 28 hearing or delivering to 29 designated person. 30 790.115(1) 3rd Exhibiting firearm or weapon 31 within 1,000 feet of a school. 11 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 790.115(2)(b) 3rd Possessing electric weapon or 2 device, destructive device, or 3 other weapon on school property. 4 790.115(2)(c) 3rd Possessing firearm on school 5 property. 6 800.04(7)(d) 3rd Lewd or lascivious exhibition; 7 offender less than 18 years. 8 810.02(4)(a) 3rd Burglary, or attempted burglary, 9 of an unoccupied structure; 10 unarmed; no assault or battery. 11 810.02(4)(b) 3rd Burglary, or attempted burglary, 12 of an unoccupied conveyance; 13 unarmed; no assault or battery. 14 810.06 3rd Burglary; possession of tools. 15 810.08(2)(c) 3rd Trespass on property, armed with 16 firearm or dangerous weapon. 17 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 18 or more but less than $20,000. 19 812.014(2)(c)4.-10.3rd Grand theft, 3rd degree, a will, 20 firearm, motor vehicle, 21 livestock, etc. 22 812.0195(2) 3rd Dealing in stolen property by use 23 of the Internet; property stolen 24 $300 or more. 25 817.563(1) 3rd Sell or deliver substance other 26 than controlled substance agreed 27 upon, excluding s. 893.03(5) 28 drugs. 29 817.568(2)(a) 3rd Fraudulent use of personal 30 identification information. 31 12 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 817.625(2)(a) 3rd Fraudulent use of scanning device 2 or reencoder. 3 828.125(1) 2nd Kill, maim, or cause great bodily 4 harm or permanent breeding 5 disability to any registered 6 horse or cattle. 7 837.02(1) 3rd Perjury in official proceedings. 8 837.021(1) 3rd Make contradictory statements in 9 official proceedings. 10 838.022 3rd Official misconduct. 11 839.13(2)(a) 3rd Falsifying records of an 12 individual in the care and 13 custody of a state agency. 14 839.13(2)(c) 3rd Falsifying records of the 15 Department of Children and Family 16 Services. 17 843.021 3rd Possession of a concealed 18 handcuff key by a person in 19 custody. 20 843.025 3rd Deprive law enforcement, 21 correctional, or correctional 22 probation officer of means of 23 protection or communication. 24 843.15(1)(a) 3rd Failure to appear while on bail 25 for felony (bond estreature or 26 bond jumping). 27 874.05(1) 3rd Encouraging or recruiting another 28 to join a criminal street gang. 29 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 30 893.03(1)(a), (b), or (d), 31 (2)(a), (2)(b), or (2)(c)4. 13 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 drugs). 2 914.14(2) 3rd Witnesses accepting bribes. 3 914.22(1) 3rd Force, threaten, etc., witness, 4 victim, or informant. 5 914.23(2) 3rd Retaliation against a witness, 6 victim, or informant, no bodily 7 injury. 8 918.12 3rd Tampering with jurors. 9 934.215 3rd Use of two-way communications 10 device to facilitate commission 11 of a crime. 12 (g) LEVEL 7 13 316.193(3)(c)2. 3rd DUI resulting in serious bodily 14 injury. 15 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 16 bodily injury. 17 402.319(2) 2nd Misrepresentation and negligence 18 or intentional act resulting in 19 great bodily harm, permanent 20 disfiguration, permanent 21 disability, or death. 22 409.920(2) 3rd Medicaid provider fraud. 23 456.065(2) 3rd Practicing a health care 24 profession without a license. 25 456.065(2) 2nd Practicing a health care 26 profession without a license 27 which results in serious bodily 28 injury. 29 458.327(1) 3rd Practicing medicine without a 30 license. 31 14 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 459.013(1) 3rd Practicing osteopathic medicine 2 without a license. 3 460.411(1) 3rd Practicing chiropractic medicine 4 without a license. 5 461.012(1) 3rd Practicing podiatric medicine 6 without a license. 7 462.17 3rd Practicing naturopathy without a 8 license. 9 463.015(1) 3rd Practicing optometry without a 10 license. 11 464.016(1) 3rd Practicing nursing without a 12 license. 13 465.015(2) 3rd Practicing pharmacy without a 14 license. 15 466.026(1) 3rd Practicing dentistry or dental 16 hygiene without a license. 17 467.201 3rd Practicing midwifery without a 18 license. 19 468.366 3rd Delivering respiratory care 20 services without a license. 21 483.828(1) 3rd Practicing as clinical laboratory 22 personnel without a license. 23 483.901(9) 3rd Practicing medical physics 24 without a license. 25 484.013(1)(c) 3rd Preparing or dispensing optical 26 devices without a prescription. 27 484.053 3rd Dispensing hearing aids without a 28 license. 29 494.0018(2) 1st Conviction of any violation of 30 ss. 494.001-494.0077 in which the 31 total money and property 15 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 unlawfully obtained exceeded 2 $50,000 and there were five or 3 more victims. 4 560.123(8)(b)1. 3rd Failure to report currency or 5 payment instruments exceeding 6 $300 but less than $20,000 by 7 money transmitter. 8 560.125(5)(a) 3rd Money transmitter business by 9 unauthorized person, currency or 10 payment instruments exceeding 11 $300 but less than $20,000. 12 655.50(10)(b)1. 3rd Failure to report financial 13 transactions exceeding $300 but 14 less than $20,000 by financial 15 institution. 16 782.051(3) 2nd Attempted felony murder of a 17 person by a person other than the 18 perpetrator or the perpetrator of 19 an attempted felony. 20 782.07(1) 2nd Killing of a human being by the 21 act, procurement, or culpable 22 negligence of another 23 (manslaughter). 24 782.071 2nd Killing of human being or viable 25 fetus by the operation of a motor 26 vehicle in a reckless manner 27 (vehicular homicide). 28 782.072 2nd Killing of a human being by the 29 operation of a vessel in a 30 reckless manner (vessel 31 homicide). 16 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 784.045(1)(a)1. 2nd Aggravated battery; intentionally 2 causing great bodily harm or 3 disfigurement. 4 784.045(1)(a)2. 2nd Aggravated battery; using deadly 5 weapon. 6 784.045(1)(b) 2nd Aggravated battery; perpetrator 7 aware victim pregnant. 8 784.048(4) 3rd Aggravated stalking; violation of 9 injunction or court order. 10 784.07(2)(d) 1st Aggravated battery on law 11 enforcement officer. 12 784.074(1)(a) 1st Aggravated battery on sexually 13 violent predators facility staff. 14 784.08(2)(a) 1st Aggravated battery on a person 65 15 years of age or older. 16 784.081(1) 1st Aggravated battery on specified 17 official or employee. 18 784.082(1) 1st Aggravated battery by detained 19 person on visitor or other 20 detainee. 21 784.083(1) 1st Aggravated battery on code 22 inspector. 23 790.07(4) 1st Specified weapons violation 24 subsequent to previous conviction 25 of s. 790.07(1) or (2). 26 790.16(1) 1st Discharge of a machine gun under 27 specified circumstances. 28 790.165(2) 2nd Manufacture, sell, possess, or 29 deliver hoax bomb. 30 790.165(3) 2nd Possessing, displaying, or 31 threatening to use any hoax bomb 17 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 while committing or attempting to 2 commit a felony. 3 790.166(3) 2nd Possessing, selling, using, or 4 attempting to use a hoax weapon 5 of mass destruction. 6 790.166(4) 2nd Possessing, displaying, or 7 threatening to use a hoax weapon 8 of mass destruction while 9 committing or attempting to 10 commit a felony. 11 796.03 2nd Procuring any person under 16 12 years for prostitution. 13 800.04(5)(c)1. 2nd Lewd or lascivious molestation; 14 victim less than 12 years of age; 15 offender less than 18 years. 16 800.04(5)(c)2. 2nd Lewd or lascivious molestation; 17 victim 12 years of age or older 18 but less than 16 years; offender 19 18 years or older. 20 806.01(2) 2nd Maliciously damage structure by 21 fire or explosive. 22 810.02(3)(a) 2nd Burglary of occupied dwelling; 23 unarmed; no assault or battery. 24 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 25 unarmed; no assault or battery. 26 810.02(3)(d) 2nd Burglary of occupied conveyance; 27 unarmed; no assault or battery. 28 812.014(2)(a) 1st Property stolen, valued at 29 $100,000 or more; cargo stolen 30 valued at $50,000 or more; 31 property stolen while causing 18 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 other property damage; 1st degree 2 grand theft. 3 812.014(2)(b)3. 2nd Property stolen, emergency 4 medical equipment; 2nd degree 5 grand theft. 6 812.0145(2)(a) 1st Theft from person 65 years of age 7 or older; $50,000 or more. 8 812.019(2) 1st Stolen property; initiates, 9 organizes, plans, etc., the theft 10 of property and traffics in 11 stolen property. 12 812.131(2)(a) 2nd Robbery by sudden snatching. 13 812.133(2)(b) 1st Carjacking; no firearm, deadly 14 weapon, or other weapon. 15 817.234(11)(c) 1st Insurance fraud; property value 16 $100,000 or more. 17 825.102(3)(b) 2nd Neglecting an elderly person or 18 disabled adult causing great 19 bodily harm, disability, or 20 disfigurement. 21 825.103(2)(b) 2nd Exploiting an elderly person or 22 disabled adult and property is 23 valued at $20,000 or more, but 24 less than $100,000. 25 827.03(3)(b) 2nd Neglect of a child causing great 26 bodily harm, disability, or 27 disfigurement. 28 827.04(3) 3rd Impregnation of a child under 16 29 years of age by person 21 years 30 of age or older. 31 19 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 837.05(2) 3rd Giving false information about 2 alleged capital felony to a law 3 enforcement officer. 4 838.015 2nd Bribery. 5 838.016 2nd Unlawful compensation or reward 6 for official behavior. 7 838.021(3)(a) 2nd Unlawful harm to a public 8 servant. 9 838.22 2nd Bid tampering. 10 872.06 2nd Abuse of a dead human body. 11 893.13(1)(c)1. 1st Sell, manufacture, or deliver 12 cocaine (or other drug prohibited 13 under s. 893.03(1)(a), (1)(b), 14 (1)(d), (2)(a), (2)(b), or 15 (2)(c)4.) within 1,000 feet of a 16 child care facility or school. 17 893.13(1)(e)1. 1st Sell, manufacture, or deliver 18 cocaine or other drug prohibited 19 under s. 893.03(1)(a), (1)(b), 20 (1)(d), (2)(a), (2)(b), or 21 (2)(c)4., within 1,000 feet of 22 property used for religious 23 services or a specified business 24 site. 25 893.13(4)(a) 1st Deliver to minor cocaine (or 26 other s. 893.03(1)(a), (1)(b), 27 (1)(d), (2)(a), (2)(b), or 28 (2)(c)4. drugs). 29 893.135(1)(a)1. 1st Trafficking in cannabis, more 30 than 25 lbs., less than 2,000 31 lbs. 20 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 2 28 grams, less than 200 grams. 3 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, 4 more than 4 grams, less than 14 5 grams. 6 893.135(1)(d)1. 1st Trafficking in phencyclidine, 7 more than 28 grams, less than 200 8 grams. 9 893.135(1)(e)1. 1st Trafficking in methaqualone, more 10 than 200 grams, less than 5 11 kilograms. 12 893.135(1)(f)1. 1st Trafficking in amphetamine, more 13 than 14 grams, less than 28 14 grams. 15 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 16 grams or more, less than 14 17 grams. 18 893.135(1)(h)1.a. 1st Trafficking in 19 gamma-hydroxybutyric acid (GHB), 20 1 kilogram or more, less than 5 21 kilograms. 22 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 23 kilogram or more, less than 5 24 kilograms. 25 893.135(1)(k)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. 31 21 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 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 7. Section 839.25, Florida Statutes, is 7 repealed. 8 Section 8. Subsection (2) of section 112.534, Florida 9 Statutes, is amended to read: 10 112.534 Failure to comply; official misconduct.-- 11 (2) All the provisions of s. 838.022 839.25 shall 12 apply to this part. 13 Section 9. Paragraph (d) of subsection (4) of section 14 117.01, Florida Statutes, is amended to read: 15 117.01 Appointment, application, suspension, 16 revocation, application fee, bond, and oath.-- 17 (4) The Governor may suspend a notary public for any 18 of the grounds provided in s. 7, Art. IV of the State 19 Constitution. Grounds constituting malfeasance, misfeasance, 20 or neglect of duty include, but are not limited to, the 21 following: 22 (d) Official misconduct as defined in s. 838.022 23 839.25. 24 Section 10. This act shall take effect October 1, 25 2003. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 22 8:26 PM 04/29/03 s2030c1c-16m0a
SENATE AMENDMENT Bill No. CS for SB 2030 Amendment No. ___ Barcode 262366 1 and insert: 2 A bill to be entitled 3 An act relating to violations of citizens' 4 right to honest government; providing a popular 5 name; amending s. 838.014, F.S.; revising, 6 providing, and deleting definitions; amending 7 s. 838.015, F.S.; revising the definition of 8 "bribery" and increasing the penalty therefor; 9 amending s. 838.016, F.S.; increasing the 10 penalty for unlawful compensation for official 11 behavior; creating ss. 838.022, 838.21, and 12 838.22, F.S.; providing criminal penalties for 13 official misconduct, disclosure or use of 14 confidential criminal justice information, and 15 bid tampering; providing definitions; providing 16 status of confidential informants and 17 confidential sources; amending s. 921.0022, 18 F.S.; deleting specified felonies from and 19 adding specified felonies to the Criminal 20 Punishment Code offense severity ranking chart; 21 repealing s. 839.25, F.S., relating to official 22 misconduct; amending ss. 112.534 and 117.01, 23 F.S.; conforming cross references to changes 24 made by the act; providing an effective date. 25 26 27 28 29 30 31 23 8:26 PM 04/29/03 s2030c1c-16m0a