SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senators Villalobos and Smith moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 2, lines 12, through
15 page 30, line 21, delete those lines
16
17 and insert:
18 Section 2. Section 838.014, Florida Statutes, is
19 amended to read:
20 838.014 Definitions.--As used in For the purposes of
21 this chapter, the term unless a different meaning plainly is
22 required:
23 (1) "Benefit" means gain or advantage, or anything
24 regarded by the person to be benefited as a gain or advantage,
25 including the doing of an act beneficial to any person in
26 whose welfare he or she is interested, including any
27 commission, gift, gratuity, property, commercial interest, or
28 any other thing of economic value not authorized by law.
29 (2) "Bid" includes a response to an "invitation to
30 bid," "invitation to negotiate," "request for a quote," or
31 "request for proposals" as those terms are defined in s.
1
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 287.012.
2 (3) "Commodity" means any goods, merchandise, wares,
3 produce, chose in action, land, article of commerce, or other
4 tangible or intangible property, real, personal, or mixed, for
5 use, consumption, production, enjoyment, or resale.
6 (4) "Corruptly" or "with corrupt intent" means acting
7 knowingly and dishonestly for a wrongful purpose.
8 (5) "Harm" means pecuniary or other loss,
9 disadvantage, or injury to the person affected.
10 (6) "Public servant" means:
11 (a) Any officer or employee of a state, county,
12 municipal, or special district agency or entity;
13 (b) Any legislative or judicial officer or employee;
14 (c) Any person, except a witness, who acts as a
15 master, receiver, auditor, arbitrator, umpire, referee,
16 consultant, or hearing officer while performing a governmental
17 function; or
18 (d) A candidate for election or appointment to any of
19 the positions listed in this subsection, or an individual who
20 has been elected to, but has yet to officially assume the
21 responsibilities of, public office.
22 (7) "Service" means any kind of activity performed in
23 whole or in part for economic benefit.
24 (2) "Pecuniary benefit" is benefit in the form of any
25 commission, gift, gratuity, property, commercial interest, or
26 any other thing of economic value.
27 (3) "Harm" means loss, disadvantage, or injury to the
28 person affected, including loss, disadvantage, or injury to
29 any other person in whose welfare he or she is interested.
30 (4) "Public servant" means any public officer, agent,
31 or employee of government, whether elected or appointed,
2
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 including, but not limited to, any executive, legislative, or
2 judicial officer; any person who holds an office or position
3 in a political party or political party committee, whether
4 elected or appointed; and any person participating as a
5 special master, receiver, auditor, juror, arbitrator, umpire,
6 referee, consultant, administrative law judge, hearing
7 officer, or hearing examiner, or person acting on behalf of
8 any of these, in performing a governmental function; but the
9 term does not include witnesses. Such term shall include a
10 candidate for election or appointment to any such office,
11 including any individual who seeks or intends to occupy any
12 such office. It shall include any person appointed to any of
13 the foregoing offices or employments before and after he or
14 she qualifies.
15 (5) "Government" includes the state government and any
16 city or county government or any branch, political
17 subdivision, or agency of the state, county, or city
18 government.
19 (6) "Corruptly" means done with a wrongful intent and
20 for the purpose of obtaining or compensating or receiving
21 compensation for any benefit resulting from some act or
22 omission of a public servant which is inconsistent with the
23 proper performance of his or her public duties.
24 Section 3. Subsections (1) and (3) of section 838.015,
25 Florida Statutes, are amended to read:
26 838.015 Bribery.--
27 (1) "Bribery" means corruptly to give, offer, or
28 promise to any public servant, or, if a public servant,
29 corruptly to request, solicit, accept, or agree to accept for
30 himself or herself or another, any pecuniary or other benefit
31 not authorized by law with an intent or purpose to influence
3
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 the performance of any act or omission which the person
2 believes to be, or the public servant represents as being,
3 within the official discretion of a public servant, in
4 violation of a public duty, or in performance of a public
5 duty.
6 (3) Any person who commits bribery commits is guilty
7 of a felony of the second third degree, punishable as provided
8 in s. 775.082, s. 775.083, or s. 775.084.
9 Section 4. Subsection (4) of section 838.016, Florida
10 Statutes, is amended to read:
11 838.016 Unlawful compensation or reward for official
12 behavior.--
13 (4) Whoever violates the provisions of this section
14 commits shall be guilty of a felony of the second third
15 degree, punishable as provided in s. 775.082, s. 775.083, or
16 s. 775.084.
17 Section 5. Sections 838.022, 838.21, and 838.22,
18 Florida Statutes, are created to read:
19 838.022 Official misconduct.--
20 (1) It is unlawful for a public servant, with corrupt
21 intent to obtain a benefit for any person or to cause harm to
22 another, to:
23 (a) Falsify, or cause another person to falsify, any
24 official record or official document;
25 (b) Conceal, cover up, destroy, mutilate, or alter any
26 official record or official document or cause another person
27 to perform such an act; or
28 (c) Obstruct, delay, or prevent the communication of
29 information relating to the commission of a felony that
30 directly involves or affects the public agency or public
31 entity served by the public servant.
4
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 (2) For the purposes of this section:
2 (a) The term "public servant" does not include a
3 candidate who does not otherwise 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 third degree, punishable as provided in s.
8 775.082, s. 775.083, or s. 775.084.
9 838.21 Disclosure or use of confidential criminal
10 justice information.--It is unlawful for a public servant,
11 with intent to obstruct, impede, or prevent a criminal
12 investigation or a criminal prosecution, to disclose active
13 criminal investigative or intelligence information as defined
14 in chapter 119 or to disclose or use information regarding
15 either the efforts to secure or the issuance of a warrant,
16 subpoena, or other court process or court order relating to a
17 criminal investigation or criminal prosecution when such
18 information is not available to the general public and is
19 gained by reason of the public servant's official position.
20 Any person who violates this section commits a felony of the
21 third degree, punishable as provided in s. 775.082, s.
22 775.083, or s. 775.084.
23 838.22 Bid tampering.--
24 (1) It is unlawful for a public servant, with corrupt
25 intent to influence or attempt to influence the competitive
26 bidding process undertaken by any state, county, municipal, or
27 special district agency, or any other public entity, for the
28 procurement of commodities or services, to:
29 (a) Disclose material information concerning a bid or
30 other aspects of the competitive bidding process when such
31 information is not publicly disclosed.
5
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 (b) Alter or amend a submitted bid, documents or other
2 materials supporting a submitted bid, or bid results for the
3 purpose of intentionally providing a competitive advantage to
4 any person who submits a bid.
5 (2) 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 (3) 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 (1) or subsection
13 (2).
14 (4) 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 (1) or
17 subsection (2).
18 (5) 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 Section 6. Paragraphs (a), (d), and (g) of subsection
22 (3) of section 921.0022, Florida Statutes, are amended to
23 read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
27 Florida Felony Description
28 Statute Degree
29 (a) LEVEL 1
30 24.118(3)(a) 3rd Counterfeit or altered state
31 lottery ticket.
6
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 212.054(2)(b) 3rd Discretionary sales surtax;
2 limitations, administration, and
3 collection.
4 212.15(2)(b) 3rd Failure to remit sales taxes,
5 amount greater than $300 but less
6 than $20,000.
7 319.30(5) 3rd Sell, exchange, give away
8 certificate of title or
9 identification number plate.
10 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
11 odometer.
12 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
13 registration license plates or
14 validation stickers.
15 322.212(1)(a)-(c) 3rd Possession of forged, stolen,
16 counterfeit, or unlawfully issued
17 driver's license; possession of
18 simulated identification.
19 322.212(4) 3rd Supply or aid in supplying
20 unauthorized driver's license or
21 identification card.
22 322.212(5)(a) 3rd False application for driver's
23 license or identification card.
24 370.13(3)(a) 3rd Molest any stone crab trap, line,
25 or buoy which is property of
26 licenseholder.
27 370.135(1) 3rd Molest any blue crab trap, line, or
28 buoy which is property of
29 licenseholder.
30 372.663(1) 3rd Poach any alligator or crocodilia.
31
7
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 414.39(2) 3rd Unauthorized use, possession,
2 forgery, or alteration of food
3 stamps, Medicaid ID, value greater
4 than $200.
5 414.39(3)(a) 3rd Fraudulent misappropriation of
6 public assistance funds by
7 employee/official, value more than
8 $200.
9 443.071(1) 3rd False statement or representation
10 to obtain or increase unemployment
11 compensation benefits.
12 509.151(1) 3rd Defraud an innkeeper, food or
13 lodging value greater than $300.
14 517.302(1) 3rd Violation of the Florida Securities
15 and Investor Protection Act.
16 562.27(1) 3rd Possess still or still apparatus.
17 713.69 3rd Tenant removes property upon which
18 lien has accrued, value more than
19 $50.
20 812.014(3)(c) 3rd Petit theft (3rd conviction); theft
21 of any property not specified in
22 subsection (2).
23 812.081(2) 3rd Unlawfully makes or causes to be
24 made a reproduction of a trade
25 secret.
26 815.04(4)(a) 3rd Offense against intellectual
27 property (i.e., computer programs,
28 data).
29 817.52(2) 3rd Hiring with intent to defraud,
30 motor vehicle services.
31
8
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 817.569(2) 3rd Use of public record or public
2 records information to facilitate
3 commission of a felony.
4 826.01 3rd Bigamy.
5 828.122(3) 3rd Fighting or baiting animals.
6 831.04(1) 3rd Any erasure, alteration, etc., of
7 any replacement deed, map, plat, or
8 other document listed in s. 92.28.
9 831.31(1)(a) 3rd Sell, deliver, or possess
10 counterfeit controlled substances,
11 all but s. 893.03(5) drugs.
12 832.041(1) 3rd Stopping payment with intent to
13 defraud $150 or more.
14 832.05(2)(b)&(4)(c)3rd Knowing, making, issuing worthless
15 checks $150 or more or obtaining
16 property in return for worthless
17 check $150 or more.
18 838.015(3) 3rd Bribery.
19 838.016(1) 3rd Public servant receiving unlawful
20 compensation.
21 838.15(2) 3rd Commercial bribe receiving.
22 838.16 3rd Commercial bribery.
23 843.18 3rd Fleeing by boat to elude a law
24 enforcement officer.
25 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
26 lewd, etc., material (2nd
27 conviction).
28 849.01 3rd Keeping gambling house.
29 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or
30 assist therein, conduct or
31 advertise drawing for prizes, or
9
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 dispose of property or money by
2 means of lottery.
3 849.23 3rd Gambling-related machines; "common
4 offender" as to property rights.
5 849.25(2) 3rd Engaging in bookmaking.
6 860.08 3rd Interfere with a railroad signal.
7 860.13(1)(a) 3rd Operate aircraft while under the
8 influence.
9 893.13(2)(a)2. 3rd Purchase of cannabis.
10 893.13(6)(a) 3rd Possession of cannabis (more than
11 20 grams).
12 934.03(1)(a) 3rd Intercepts, or procures any other
13 person to intercept, any wire or
14 oral communication.
15 (d) LEVEL 4
16 316.1935(3) 2nd Driving at high speed or with
17 wanton disregard for safety while
18 fleeing or attempting to elude law
19 enforcement officer who is in a
20 marked patrol vehicle with siren
21 and lights activated.
22 784.07(2)(b) 3rd Battery of law enforcement officer,
23 firefighter, intake officer, etc.
24 784.074(1)(c) 3rd Battery of sexually violent
25 predators facility staff.
26 784.075 3rd Battery on detention or commitment
27 facility staff.
28 784.078 3rd Battery of facility employee by
29 throwing, tossing, or expelling
30 certain fluids or materials.
31
10
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 784.08(2)(c) 3rd Battery on a person 65 years of age
2 or older.
3 784.081(3) 3rd Battery on specified official or
4 employee.
5 784.082(3) 3rd Battery by detained person on
6 visitor or other detainee.
7 784.083(3) 3rd Battery on code inspector.
8 784.085 3rd Battery of child by throwing,
9 tossing, projecting, or expelling
10 certain fluids or materials.
11 787.03(1) 3rd Interference with custody; wrongly
12 takes child from appointed
13 guardian.
14 787.04(2) 3rd Take, entice, or remove child
15 beyond state limits with criminal
16 intent pending custody proceedings.
17 787.04(3) 3rd Carrying child beyond state lines
18 with criminal intent to avoid
19 producing child at custody hearing
20 or delivering to designated person.
21 790.115(1) 3rd Exhibiting firearm or weapon within
22 1,000 feet of a school.
23 790.115(2)(b) 3rd Possessing electric weapon or
24 device, destructive device, or
25 other weapon on school property.
26 790.115(2)(c) 3rd Possessing firearm on school
27 property.
28 800.04(7)(d) 3rd Lewd or lascivious exhibition;
29 offender less than 18 years.
30 810.02(4)(a) 3rd Burglary, or attempted burglary, of
31 an unoccupied structure; unarmed;
11
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 no assault or battery.
2 810.02(4)(b) 3rd Burglary, or attempted burglary, of
3 an unoccupied conveyance; unarmed;
4 no assault or battery.
5 810.06 3rd Burglary; possession of tools.
6 810.08(2)(c) 3rd Trespass on property, armed with
7 firearm or dangerous weapon.
8 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or
9 more but less than $20,000.
10 812.014(2)(c)4.-10.3rd Grand theft, 3rd degree, a will,
11 firearm, motor vehicle, livestock,
12 etc.
13 812.0195(2) 3rd Dealing in stolen property by use
14 of the Internet; property stolen
15 $300 or more.
16 817.563(1) 3rd Sell or deliver substance other
17 than controlled substance agreed
18 upon, excluding s. 893.03(5) drugs.
19 817.568(2)(a) 3rd Fraudulent use of personal
20 identification information.
21 817.625(2)(a) 3rd Fraudulent use of scanning device
22 or reencoder.
23 828.125(1) 2nd Kill, maim, or cause great bodily
24 harm or permanent breeding
25 disability to any registered horse
26 or cattle.
27 837.02(1) 3rd Perjury in official proceedings.
28 837.021(1) 3rd Make contradictory statements in
29 official proceedings.
30 838.022 3rd Official misconduct.
31
12
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 839.13(2)(a) 3rd Falsifying records of an individual
2 in the care and custody of a state
3 agency.
4 839.13(2)(c) 3rd Falsifying records of the
5 Department of Children and Family
6 Services.
7 843.021 3rd Possession of a concealed handcuff
8 key by a person in custody.
9 843.025 3rd Deprive law enforcement,
10 correctional, or correctional
11 probation officer of means of
12 protection or communication.
13 843.15(1)(a) 3rd Failure to appear while on bail for
14 felony (bond estreature or bond
15 jumping).
16 874.05(1) 3rd Encouraging or recruiting another
17 to join a criminal street gang.
18 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
19 893.03(1)(a), (b), or (d), (2)(a),
20 (2)(b), or (2)(c)4. drugs).
21 914.14(2) 3rd Witnesses accepting bribes.
22 914.22(1) 3rd Force, threaten, etc., witness,
23 victim, or informant.
24 914.23(2) 3rd Retaliation against a witness,
25 victim, or informant, no bodily
26 injury.
27 918.12 3rd Tampering with jurors.
28 934.215 3rd Use of two-way communications
29 device to facilitate commission of
30 a crime.
31 (g) LEVEL 7
13
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 316.193(3)(c)2. 3rd DUI resulting in serious bodily
2 injury.
3 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
4 bodily injury.
5 402.319(2) 2nd Misrepresentation and negligence or
6 intentional act resulting in great
7 bodily harm, permanent
8 disfiguration, permanent
9 disability, or death.
10 409.920(2) 3rd Medicaid provider fraud.
11 456.065(2) 3rd Practicing a health care profession
12 without a license.
13 456.065(2) 2nd Practicing a health care profession
14 without a license which results in
15 serious bodily injury.
16 458.327(1) 3rd Practicing medicine without a
17 license.
18 459.013(1) 3rd Practicing osteopathic medicine
19 without a license.
20 460.411(1) 3rd Practicing chiropractic medicine
21 without a license.
22 461.012(1) 3rd Practicing podiatric medicine
23 without a license.
24 462.17 3rd Practicing naturopathy without a
25 license.
26 463.015(1) 3rd Practicing optometry without a
27 license.
28 464.016(1) 3rd Practicing nursing without a
29 license.
30 465.015(2) 3rd Practicing pharmacy without a
31 license.
14
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 466.026(1) 3rd Practicing dentistry or dental
2 hygiene without a license.
3 467.201 3rd Practicing midwifery without a
4 license.
5 468.366 3rd Delivering respiratory care
6 services without a license.
7 483.828(1) 3rd Practicing as clinical laboratory
8 personnel without a license.
9 483.901(9) 3rd Practicing medical physics without
10 a license.
11 484.013(1)(c) 3rd Preparing or dispensing optical
12 devices without a prescription.
13 484.053 3rd Dispensing hearing aids without a
14 license.
15 494.0018(2) 1st Conviction of any violation of ss.
16 494.001-494.0077 in which the total
17 money and property unlawfully
18 obtained exceeded $50,000 and there
19 were five or more victims.
20 560.123(8)(b)1. 3rd Failure to report currency or
21 payment instruments exceeding $300
22 but less than $20,000 by money
23 transmitter.
24 560.125(5)(a) 3rd Money transmitter business by
25 unauthorized person, currency or
26 payment instruments exceeding $300
27 but less than $20,000.
28 655.50(10)(b)1. 3rd Failure to report financial
29 transactions exceeding $300 but
30 less than $20,000 by financial
31 institution.
15
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 782.051(3) 2nd Attempted felony murder of a person
2 by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a reckless
15 manner (vessel homicide).
16 784.045(1)(a)1. 2nd Aggravated battery; intentionally
17 causing great bodily harm or
18 disfigurement.
19 784.045(1)(a)2. 2nd Aggravated battery; using deadly
20 weapon.
21 784.045(1)(b) 2nd Aggravated battery; perpetrator
22 aware victim pregnant.
23 784.048(4) 3rd Aggravated stalking; violation of
24 injunction or court order.
25 784.07(2)(d) 1st Aggravated battery on law
26 enforcement officer.
27 784.074(1)(a) 1st Aggravated battery on sexually
28 violent predators facility staff.
29 784.08(2)(a) 1st Aggravated battery on a person 65
30 years of age or older.
31
16
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 784.081(1) 1st Aggravated battery on specified
2 official or employee.
3 784.082(1) 1st Aggravated battery by detained
4 person on visitor or other
5 detainee.
6 784.083(1) 1st Aggravated battery on code
7 inspector.
8 790.07(4) 1st Specified weapons violation
9 subsequent to previous conviction
10 of s. 790.07(1) or (2).
11 790.16(1) 1st Discharge of a machine gun under
12 specified circumstances.
13 790.165(2) 2nd Manufacture, sell, possess, or
14 deliver hoax bomb.
15 790.165(3) 2nd Possessing, displaying, or
16 threatening to use any hoax bomb
17 while committing or attempting to
18 commit a felony.
19 790.166(3) 2nd Possessing, selling, using, or
20 attempting to use a hoax weapon of
21 mass destruction.
22 790.166(4) 2nd Possessing, displaying, or
23 threatening to use a hoax weapon of
24 mass destruction while committing
25 or attempting to commit a felony.
26 796.03 2nd Procuring any person under 16 years
27 for prostitution.
28 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
29 victim less than 12 years of age;
30 offender less than 18 years.
31
17
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
2 victim 12 years of age or older but
3 less than 16 years; offender 18
4 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 $100,000
14 or more; cargo stolen valued at
15 $50,000 or more; property stolen
16 while causing other property
17 damage; 1st degree grand theft.
18 812.014(2)(b)3. 2nd Property stolen, emergency medical
19 equipment; 2nd degree grand theft.
20 812.0145(2)(a) 1st Theft from person 65 years of age
21 or older; $50,000 or more.
22 812.019(2) 1st Stolen property; initiates,
23 organizes, plans, etc., the theft
24 of property and traffics in stolen
25 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.
31
18
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great bodily
3 harm, disability, or disfigurement.
4 825.103(2)(b) 2nd Exploiting an elderly person or
5 disabled adult and property is
6 valued at $20,000 or more, but less
7 than $100,000.
8 827.03(3)(b) 2nd Neglect of a child causing great
9 bodily harm, disability, or
10 disfigurement.
11 827.04(3) 3rd Impregnation of a child under 16
12 years of age by person 21 years of
13 age or older.
14 837.05(2) 3rd Giving false information about
15 alleged capital felony to a law
16 enforcement officer.
17 838.015 2nd Bribery.
18 838.016 2nd Unlawful compensation or reward for
19 official behavior.
20 838.021(3)(a) 2nd Unlawful harm to a public servant.
21 838.22 2nd Bid tampering.
22 872.06 2nd Abuse of a dead human body.
23 893.13(1)(c)1. 1st Sell, manufacture, or deliver
24 cocaine (or other drug prohibited
25 under s. 893.03(1)(a), (1)(b),
26 (1)(d), (2)(a), (2)(b), or
27 (2)(c)4.) within 1,000 feet of a
28 child care facility or school.
29 893.13(1)(e)1. 1st Sell, manufacture, or deliver
30 cocaine or other drug prohibited
31 under s. 893.03(1)(a), (1)(b),
19
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 (1)(d), (2)(a), (2)(b), or
2 (2)(c)4., within 1,000 feet of
3 property used for religious
4 services or a specified business
5 site.
6 893.13(4)(a) 1st Deliver to minor cocaine (or other
7 s. 893.03(1)(a), (1)(b), (1)(d),
8 (2)(a), (2)(b), or (2)(c)4. drugs).
9 893.135(1)(a)1. 1st Trafficking in cannabis, more than
10 25 lbs., less than 2,000 lbs.
11 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than
12 28 grams, less than 200 grams.
13 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more
14 than 4 grams, less than 14 grams.
15 893.135(1)(d)1. 1st Trafficking in phencyclidine, more
16 than 28 grams, less than 200 grams.
17 893.135(1)(e)1. 1st Trafficking in methaqualone, more
18 than 200 grams, less than 5
19 kilograms.
20 893.135(1)(f)1. 1st Trafficking in amphetamine, more
21 than 14 grams, less than 28 grams.
22 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4
23 grams or more, less than 14 grams.
24 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric
25 acid (GHB), 1 kilogram or more,
26 less than 5 kilograms.
27 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
28 kilogram or more, less than 5
29 kilograms.
30 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10
31 grams or more, less than 200 grams.
20
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 Section 7. Section 839.25, Florida Statutes, is
10 repealed.
11 Section 8. Subsection (2) of section 112.534, Florida
12 Statutes, is amended to read:
13 112.534 Failure to comply; official misconduct.--
14 (2) All the provisions of s. 838.022 839.25 shall
15 apply to this part.
16 Section 9. Paragraph (d) of subsection (4) of section
17 117.01, Florida Statutes, is amended to read:
18 117.01 Appointment, application, suspension,
19 revocation, application fee, bond, and oath.--
20 (4) The Governor may suspend a notary public for any
21 of the grounds provided in s. 7, Art. IV of the State
22 Constitution. Grounds constituting malfeasance, misfeasance,
23 or neglect of duty include, but are not limited to, the
24 following:
25 (d) Official misconduct as defined in s. 838.022
26 839.25.
27 Section 10. This act shall take effect October 1,
28 2003.
29
30
31
21
11:42 AM 04/29/03 s2030c1c-38j04
SENATE AMENDMENT
Bill No. CS for SB 2030
Amendment No. ___ Barcode 521048
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 4, through
4 page 2, line 6, delete those lines
5
6 and insert:
7 name; amending s. 838.014, F.S.; revising,
8 providing, and deleting definitions; amending
9 s. 838.015, F.S.; revising the definition of
10 "bribery" and increasing the penalty therefor;
11 amending s. 838.016, F.S.; increasing the
12 penalty for unlawful compensation for official
13 behavior; creating ss. 838.022, 838.21, and
14 838.22, F.S.; providing criminal penalties for
15 official misconduct, disclosure or use of
16 confidential criminal justice information, and
17 bid tampering; providing definitions; amending
18 s. 921.0022, F.S.; deleting specified felonies
19 from and adding specified felonies to the
20 Criminal Punishment Code offense severity
21 ranking chart; repealing s. 839.25, F.S.,
22 relating to official misconduct; amending ss.
23 112.534 and 117.01, F.S.; conforming cross
24 references to changes made by the act;
25 providing an effective date.
26
27
28
29
30
31
22
11:42 AM 04/29/03 s2030c1c-38j04