Senate Bill sb2030
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Florida Senate - 2003 SB 2030
By Senator Sebesta
16-1010-03
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, are amended to
31 read:
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1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
4
5 Florida Felony
6 Statute Degree Description
7
8 (a) LEVEL 1
9 24.118(3)(a) 3rd Counterfeit or altered state
10 lottery ticket.
11 212.054(2)(b) 3rd Discretionary sales surtax;
12 limitations, administration, and
13 collection.
14 212.15(2)(b) 3rd Failure to remit sales taxes,
15 amount greater than $300 but less
16 than $20,000.
17 319.30(5) 3rd Sell, exchange, give away
18 certificate of title or
19 identification number plate.
20 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
21 odometer.
22 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
23 registration license plates or
24 validation stickers.
25 322.212
26 (1)(a)-(c) 3rd Possession of forged, stolen,
27 counterfeit, or unlawfully issued
28 driver's license; possession of
29 simulated identification.
30
31
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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.
15 817.569(2) 3rd Use of public record or public
16 records information to facilitate
17 commission of a felony.
18 826.01 3rd Bigamy.
19 828.122(3) 3rd Fighting or baiting animals.
20 831.04(1) 3rd Any erasure, alteration, etc., of
21 any replacement deed, map, plat,
22 or other document listed in s.
23 92.28.
24 831.31(1)(a) 3rd Sell, deliver, or possess
25 counterfeit controlled
26 substances, all but s. 893.03(5)
27 drugs.
28 832.041(1) 3rd Stopping payment with intent to
29 defraud $150 or more.
30
31
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1 832.05
2 (2)(b)&(4)(c) 3rd Knowing, making, issuing
3 worthless checks $150 or more or
4 obtaining property in return for
5 worthless check $150 or more.
6 838.015(3) 3rd Bribery.
7 838.016(1) 3rd Public servant receiving unlawful
8 compensation.
9 838.15(2) 3rd Commercial bribe receiving.
10 838.16 3rd Commercial bribery.
11 843.18 3rd Fleeing by boat to elude a law
12 enforcement officer.
13 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
14 lewd, etc., material (2nd
15 conviction).
16 849.01 3rd Keeping gambling house.
17 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
18 or assist therein, conduct or
19 advertise drawing for prizes, or
20 dispose of property or money by
21 means of lottery.
22 849.23 3rd Gambling-related machines;
23 "common offender" as to property
24 rights.
25 849.25(2) 3rd Engaging in bookmaking.
26 860.08 3rd Interfere with a railroad signal.
27 860.13(1)(a) 3rd Operate aircraft while under the
28 influence.
29 893.13(2)(a)2. 3rd Purchase of cannabis.
30 893.13(6)(a) 3rd Possession of cannabis (more than
31 20 grams).
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1 934.03(1)(a) 3rd Intercepts, or procures any other
2 person to intercept, any wire or
3 oral communication.
4 (f) LEVEL 6
5 316.027(1)(b) 2nd Accident involving death, failure
6 to stop; leaving scene.
7 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
8 conviction.
9 775.0875(1) 3rd Taking firearm from law
10 enforcement officer.
11 775.21(10) 3rd Sexual predators; failure to
12 register; failure to renew
13 driver's license or
14 identification card.
15 784.021(1)(a) 3rd Aggravated assault; deadly weapon
16 without intent to kill.
17 784.021(1)(b) 3rd Aggravated assault; intent to
18 commit felony.
19 784.041 3rd Felony battery.
20 784.048(3) 3rd Aggravated stalking; credible
21 threat.
22 784.048(5) 3rd Aggravated stalking of person
23 under 16.
24 784.07(2)(c) 2nd Aggravated assault on law
25 enforcement officer.
26 784.074(1)(b) 2nd Aggravated assault on sexually
27 violent predators facility staff.
28 784.08(2)(b) 2nd Aggravated assault on a person 65
29 years of age or older.
30 784.081(2) 2nd Aggravated assault on specified
31 official or employee.
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1 784.082(2) 2nd Aggravated assault by detained
2 person on visitor or other
3 detainee.
4 784.083(2) 2nd Aggravated assault on code
5 inspector.
6 787.02(2) 3rd False imprisonment; restraining
7 with purpose other than those in
8 s. 787.01.
9 790.115(2)(d) 2nd Discharging firearm or weapon on
10 school property.
11 790.161(2) 2nd Make, possess, or throw
12 destructive device with intent to
13 do bodily harm or damage
14 property.
15 790.164(1) 2nd False report of deadly explosive,
16 weapon of mass destruction, or
17 act of arson or violence to state
18 property.
19 790.19 2nd Shooting or throwing deadly
20 missiles into dwellings, vessels,
21 or vehicles.
22 794.011(8)(a) 3rd Solicitation of minor to
23 participate in sexual activity by
24 custodial adult.
25 794.05(1) 2nd Unlawful sexual activity with
26 specified minor.
27 800.04(5)(d) 3rd Lewd or lascivious molestation;
28 victim 12 years of age or older
29 but less than 16 years; offender
30 less than 18 years.
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1 800.04(6)(b) 2nd Lewd or lascivious conduct;
2 offender 18 years of age or
3 older.
4 806.031(2) 2nd Arson resulting in great bodily
5 harm to firefighter or any other
6 person.
7 810.02(3)(c) 2nd Burglary of occupied structure;
8 unarmed; no assault or battery.
9 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
10 but less than $100,000, grand
11 theft in 2nd degree.
12 812.014(2)(b)2. 2nd Property stolen; cargo valued at
13 less than $50,000, grand theft in
14 2nd degree.
15 812.015(9) 2nd Retail theft; property stolen
16 $300 or more; second or
17 subsequent conviction.
18 812.13(2)(c) 2nd Robbery, no firearm or other
19 weapon (strong-arm robbery).
20 817.034(4)(a)1. 1st Communications fraud, value
21 greater than $50,000.
22 817.4821(5) 2nd Possess cloning paraphernalia
23 with intent to create cloned
24 cellular telephones.
25 825.102(1) 3rd Abuse of an elderly person or
26 disabled adult.
27 825.102(3)(c) 3rd Neglect of an elderly person or
28 disabled adult.
29 825.1025(3) 3rd Lewd or lascivious molestation of
30 an elderly person or disabled
31 adult.
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1 825.103(2)(c) 3rd Exploiting an elderly person or
2 disabled adult and property is
3 valued at less than $20,000.
4 827.03(1) 3rd Abuse of a child.
5 827.03(3)(c) 3rd Neglect of a child.
6 827.071(2)&(3) 2nd Use or induce a child in a sexual
7 performance, or promote or direct
8 such performance.
9 836.05 2nd Threats; extortion.
10 836.10 2nd Written threats to kill or do
11 bodily injury.
12 838.21 3rd Disclosure or use of confidential
13 criminal justice information.
14 843.12 3rd Aids or assists person to escape.
15 847.0135(3) 3rd Solicitation of a child, via a
16 computer service, to commit an
17 unlawful sex act.
18 914.23 2nd Retaliation against a witness,
19 victim, or informant, with bodily
20 injury.
21 943.0435(9) 3rd Sex offenders; failure to comply
22 with reporting requirements.
23 944.35(3)(a)2. 3rd Committing malicious battery upon
24 or inflicting cruel or inhuman
25 treatment on an inmate or
26 offender on community
27 supervision, resulting in great
28 bodily harm.
29 944.40 2nd Escapes.
30 944.46 3rd Harboring, concealing, aiding
31 escaped prisoners.
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1 944.47(1)(a)5. 2nd Introduction of contraband
2 (firearm, weapon, or explosive)
3 into correctional facility.
4 951.22(1) 3rd Intoxicating drug, firearm, or
5 weapon introduced into county
6 facility.
7 (g) LEVEL 7
8 316.193(3)(c)2. 3rd DUI resulting in serious bodily
9 injury.
10 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
11 bodily injury.
12 402.319(2) 2nd Misrepresentation and negligence
13 or intentional act resulting in
14 great bodily harm, permanent
15 disfiguration, permanent
16 disability, or death.
17 409.920(2) 3rd Medicaid provider fraud.
18 456.065(2) 3rd Practicing a health care
19 profession without a license.
20 456.065(2) 2nd Practicing a health care
21 profession without a license
22 which results in serious bodily
23 injury.
24 458.327(1) 3rd Practicing medicine without a
25 license.
26 459.013(1) 3rd Practicing osteopathic medicine
27 without a license.
28 460.411(1) 3rd Practicing chiropractic medicine
29 without a license.
30 461.012(1) 3rd Practicing podiatric medicine
31 without a license.
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1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
29
30
31
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1 560.123(8)(b)1. 3rd Failure to report currency or
2 payment instruments exceeding
3 $300 but less than $20,000 by
4 money transmitter.
5 560.125(5)(a) 3rd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments exceeding
8 $300 but less than $20,000.
9 655.50(10)(b)1. 3rd Failure to report financial
10 transactions exceeding $300 but
11 less than $20,000 by financial
12 institution.
13 782.051(3) 2nd Attempted felony murder of a
14 person by a person other than the
15 perpetrator or the perpetrator of
16 an attempted felony.
17 782.07(1) 2nd Killing of a human being by the
18 act, procurement, or culpable
19 negligence of another
20 (manslaughter).
21 782.071 2nd Killing of human being or viable
22 fetus by the operation of a motor
23 vehicle in a reckless manner
24 (vehicular homicide).
25 782.072 2nd Killing of a human being by the
26 operation of a vessel in a
27 reckless manner (vessel
28 homicide).
29 784.045(1)(a)1. 2nd Aggravated battery; intentionally
30 causing great bodily harm or
31 disfigurement.
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1 784.045(1)(a)2. 2nd Aggravated battery; using deadly
2 weapon.
3 784.045(1)(b) 2nd Aggravated battery; perpetrator
4 aware victim pregnant.
5 784.048(4) 3rd Aggravated stalking; violation of
6 injunction or court order.
7 784.07(2)(d) 1st Aggravated battery on law
8 enforcement officer.
9 784.074(1)(a) 1st Aggravated battery on sexually
10 violent predators facility staff.
11 784.08(2)(a) 1st Aggravated battery on a person 65
12 years of age or older.
13 784.081(1) 1st Aggravated battery on specified
14 official or employee.
15 784.082(1) 1st Aggravated battery by detained
16 person on visitor or other
17 detainee.
18 784.083(1) 1st Aggravated battery on code
19 inspector.
20 790.07(4) 1st Specified weapons violation
21 subsequent to previous conviction
22 of s. 790.07(1) or (2).
23 790.16(1) 1st Discharge of a machine gun under
24 specified circumstances.
25 790.165(2) 2nd Manufacture, sell, possess, or
26 deliver hoax bomb.
27 790.165(3) 2nd Possessing, displaying, or
28 threatening to use any hoax bomb
29 while committing or attempting to
30 commit a felony.
31
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1 790.166(3) 2nd Possessing, selling, using, or
2 attempting to use a hoax weapon
3 of mass destruction.
4 790.166(4) 2nd Possessing, displaying, or
5 threatening to use a hoax weapon
6 of mass destruction while
7 committing or attempting to
8 commit a felony.
9 796.03 2nd Procuring any person under 16
10 years for prostitution.
11 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
12 victim less than 12 years of age;
13 offender less than 18 years.
14 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
15 victim 12 years of age or older
16 but less than 16 years; offender
17 18 years or older.
18 806.01(2) 2nd Maliciously damage structure by
19 fire or explosive.
20 810.02(3)(a) 2nd Burglary of occupied dwelling;
21 unarmed; no assault or battery.
22 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
23 unarmed; no assault or battery.
24 810.02(3)(d) 2nd Burglary of occupied conveyance;
25 unarmed; no assault or battery.
26 812.014(2)(a) 1st Property stolen, valued at
27 $100,000 or more; cargo stolen
28 valued at $50,000 or more;
29 property stolen while causing
30 other property damage; 1st degree
31 grand theft.
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1 812.014(2)(b)3. 2nd Property stolen, emergency
2 medical equipment; 2nd degree
3 grand theft.
4 812.0145(2)(a) 1st Theft from person 65 years of age
5 or older; $50,000 or more.
6 812.019(2) 1st Stolen property; initiates,
7 organizes, plans, etc., the theft
8 of property and traffics in
9 stolen property.
10 812.131(2)(a) 2nd Robbery by sudden snatching.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 817.234(11)(c) 1st Insurance fraud; property value
14 $100,000 or more.
15 825.102(3)(b) 2nd Neglecting an elderly person or
16 disabled adult causing great
17 bodily harm, disability, or
18 disfigurement.
19 825.103(2)(b) 2nd Exploiting an elderly person or
20 disabled adult and property is
21 valued at $20,000 or more, but
22 less than $100,000.
23 827.03(3)(b) 2nd Neglect of a child causing great
24 bodily harm, disability, or
25 disfigurement.
26 827.04(3) 3rd Impregnation of a child under 16
27 years of age by person 21 years
28 of age or older.
29 837.02(3) 2nd Perjury by a public servant in an
30 official proceeding.
31
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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.
9 838.022 2nd Official misconduct.
10 838.20 2nd Criminal misuse of official
11 position.
12 838.22 2nd Bid tampering.
13 872.06 2nd Abuse of a dead human body.
14 893.13(1)(c)1. 1st Sell, manufacture, or deliver
15 cocaine (or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4.) within 1,000 feet of a
19 child care facility or school.
20 893.13(1)(e)1. 1st Sell, manufacture, or deliver
21 cocaine or other drug prohibited
22 under s. 893.03(1)(a), (1)(b),
23 (1)(d), (2)(a), (2)(b), or
24 (2)(c)4., within 1,000 feet of
25 property used for religious
26 services or a specified business
27 site.
28 893.13(4)(a) 1st Deliver to minor cocaine (or
29 other s. 893.03(1)(a), (1)(b),
30 (1)(d), (2)(a), (2)(b), or
31 (2)(c)4. drugs).
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1 893.135(1)(a)1. 1st Trafficking in cannabis, more
2 than 25 lbs., less than 2,000
3 lbs.
4 893.135
5 (1)(b)1.a. 1st Trafficking in cocaine, more than
6 28 grams, less than 200 grams.
7 893.135
8 (1)(c)1.a. 1st Trafficking in illegal drugs,
9 more than 4 grams, less than 14
10 grams.
11 893.135
12 (1)(d)1. 1st Trafficking in phencyclidine,
13 more than 28 grams, less than 200
14 grams.
15 893.135(1)(e)1. 1st Trafficking in methaqualone, more
16 than 200 grams, less than 5
17 kilograms.
18 893.135(1)(f)1. 1st Trafficking in amphetamine, more
19 than 14 grams, less than 28
20 grams.
21 893.135
22 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
23 grams or more, less than 14
24 grams.
25 893.135
26 (1)(h)1.a. 1st Trafficking in
27 gamma-hydroxybutyric acid (GHB),
28 1 kilogram or more, less than 5
29 kilograms.
30
31
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1 893.135
2 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
3 kilogram or more, less than 5
4 kilograms.
5 893.135
6 (1)(k)2.a. 1st Trafficking in Phenethylamines,
7 10 grams or more, less than 200
8 grams.
9 896.101(5)(a) 3rd Money laundering, financial
10 transactions exceeding $300 but
11 less than $20,000.
12 896.104(4)(a)1. 3rd Structuring transactions to evade
13 reporting or registration
14 requirements, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 Section 9. Sections 838.15 and 838.16, Florida
18 Statutes, are repealed.
19 Section 10. Paragraph (e) of subsection (2) of section
20 112.3173, Florida Statutes, is amended to read:
21 112.3173 Felonies involving breach of public trust and
22 other specified offenses by public officers and employees;
23 forfeiture of retirement benefits.--
24 (2) DEFINITIONS.--As used in this section, unless the
25 context otherwise requires, the term:
26 (e) "Specified offense" means:
27 1. The committing, aiding, or abetting of an
28 embezzlement of public funds;
29 2. The committing, aiding, or abetting of any theft by
30 a public officer or employee from his or her employer;
31
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1 3. Bribery in connection with the employment of a
2 public officer or employee;
3 4. Any felony specified in chapter 838, except ss.
4 838.15 and 838.16;
5 5. The committing of an impeachable offense; or
6 6. The committing of any felony by a public officer or
7 employee who, willfully and with intent to defraud the public
8 or the public agency for which the public officer or employee
9 acts or in which he or she is employed of the right to receive
10 the faithful performance of his or her duty as a public
11 officer or employee, realizes or obtains, or attempts to
12 realize or obtain, a profit, gain, or advantage for himself or
13 herself or for some other person through the use or attempted
14 use of the power, rights, privileges, duties, or position of
15 his or her public office or employment position.
16 Section 11. Paragraph (f) of subsection (5) of section
17 121.091, Florida Statutes, is amended to read:
18 121.091 Benefits payable under the system.--Benefits
19 may not be paid under this section unless the member has
20 terminated employment as provided in s. 121.021(39)(a) or
21 begun participation in the Deferred Retirement Option Program
22 as provided in subsection (13), and a proper application has
23 been filed in the manner prescribed by the department. The
24 department may cancel an application for retirement benefits
25 when the member or beneficiary fails to timely provide the
26 information and documents required by this chapter and the
27 department's rules. The department shall adopt rules
28 establishing procedures for application for retirement
29 benefits and for the cancellation of such application when the
30 required information or documents are not received.
31
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1 (5) TERMINATION BENEFITS.--A member whose employment
2 is terminated prior to retirement retains membership rights to
3 previously earned member-noncontributory service credit, and
4 to member-contributory service credit, if the member leaves
5 the member contributions on deposit in his or her retirement
6 account. If a terminated member receives a refund of member
7 contributions, such member may reinstate membership rights to
8 the previously earned service credit represented by the refund
9 by completing 1 year of creditable service and repaying the
10 refunded member contributions, plus interest.
11 (f) Any member who has been found guilty by a verdict
12 of a jury, or by the court trying the case without a jury, of
13 committing, aiding, or abetting any embezzlement or theft from
14 his or her employer, bribery in connection with the
15 employment, or other felony specified in chapter 838, except
16 ss. 838.15 and 838.16, committed prior to retirement, or who
17 has entered a plea of guilty or of nolo contendere to such
18 crime, or any member whose employment is terminated by reason
19 of the member's admitted commitment, aiding, or abetting of an
20 embezzlement or theft from his or her employer, bribery, or
21 other felony specified in chapter 838, except ss. 838.15 and
22 838.16, shall forfeit all rights and benefits under this
23 chapter, except the return of his or her accumulated
24 contributions as of the date of termination.
25 Section 12. Section 905.34, Florida Statutes, is
26 amended to read:
27 905.34 Powers and duties; law applicable.--The
28 jurisdiction of a statewide grand jury impaneled under this
29 chapter shall extend throughout the state. The subject matter
30 jurisdiction of the statewide grand jury shall be limited to
31 the offenses of:
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1 (1) Bribery, any violation of chapter 838, burglary,
2 carjacking, home-invasion robbery, criminal usury, extortion,
3 gambling, kidnapping, larceny, murder, prostitution, perjury,
4 and robbery;
5 (2) Crimes involving narcotic or other dangerous
6 drugs;
7 (3) Any violation of the provisions of the Florida
8 RICO (Racketeer Influenced and Corrupt Organization) Act,
9 including any offense listed in the definition of racketeering
10 activity in s. 895.02(1)(a), providing such listed offense is
11 investigated in connection with a violation of s. 895.03 and
12 is charged in a separate count of an information or indictment
13 containing a count charging a violation of s. 895.03, the
14 prosecution of which listed offense may continue independently
15 if the prosecution of the violation of s. 895.03 is terminated
16 for any reason;
17 (4) Any violation of the provisions of the Florida
18 Anti-Fencing Act;
19 (5) Any violation of the provisions of the Florida
20 Antitrust Act of 1980, as amended;
21 (6) Any violation of the provisions of chapter 815;
22 (7) Any crime involving, or resulting in, fraud or
23 deceit upon any person;
24 (8) Any violation of s. 847.0135, s. 847.0137, or s.
25 847.0138 relating to computer pornography and child
26 exploitation prevention, or any offense related to a violation
27 of s. 847.0135, s. 847.0137, or s. 847.0138;
28
29 or any attempt, solicitation, or conspiracy to commit any
30 violation of the crimes specifically enumerated above, when
31 any such offense is occurring, or has occurred, in two or more
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1 judicial circuits as part of a related transaction or when any
2 such offense is connected with an organized criminal
3 conspiracy affecting two or more judicial circuits. The
4 statewide grand jury may return indictments and presentments
5 irrespective of the county or judicial circuit where the
6 offense is committed or triable. If an indictment is
7 returned, it shall be certified and transferred for trial to
8 the county where the offense was committed. The powers and
9 duties of, and law applicable to, county grand juries shall
10 apply to a statewide grand jury except when such powers,
11 duties, and law are inconsistent with the provisions of ss.
12 905.31-905.40.
13 Section 13. This act shall take effect October 1,
14 2003.
15
16 *****************************************
17 SENATE SUMMARY
18 Creates the "Citizens' Right to Honest Government Act."
Authorizes the Office of Statewide Prosecution to
19 investigate and prosecute violations of ch. 838, F.S.
Authorizes a statewide grand jury to investigate
20 violations of ch. 838, F.S. Revises, provides, and
deletes definitions. Increases the penalties for bribery
21 and unlawful compensation or reward for official behavior
to a second-degree felony. Provides penalties for
22 official misconduct, criminal misuse of official
position, disclosure or use of confidential criminal
23 justice information by a public servant, and bid
tampering. Provides status of confidential informants or
24 confidential sources. Authorizes public servants who are
subjected to an investigation for official misconduct to
25 recover attorney's fees. Provides a penalty for perjury
by a public servant in an official proceeding. Ranks
26 violations of ch. 838, F.S., in the Criminal Punishment
Code offense severity ranking chart. Repeals provisions
27 relating to commercial bribe receiving and commercial
bribery.
28
29
30
31
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