Bill Text: HB 0003

HB 0003

2003

A bill to be entitled

An act relating to offenses by public servants; creating

the "Citizens' Right to Honest Government Act"; amending

s. 16.56, F.S.; authorizing the Office of Statewide

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

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

deleting definitions; amending ss. 838.015 and 838.016,

F.S.; increasing penalties; creating ss. 838.022, 838.20,

838.21, 838.22, 838.23, and 838.24, F.S.; providing

criminal penalties for official misconduct, criminal

misuse of official position, disclosure or use of

confidential criminal justice information, and bid

tampering; providing definitions; providing status of

confidential informants and confidential sources;

authorizing public servants who are subjected to an

investigation for official misconduct to recover

attorney's fees; amending s. 837.02, F.S.; providing a

criminal penalty for perjury in an official proceeding by

a public servant; amending s. 905.34, F.S.; expanding

jurisdiction of the statewide grand jury to include

violations of ch. 838, F.S.; amending s. 921.0022, F.S.;

deleting specified felonies from and adding specified

felonies to the Criminal Punishment Code offense severity

ranking chart; repealing s. 838.15, F.S., relating to

commercial bribe receiving; repealing s. 838.16, F.S.,

relating to commercial bribery; repealing s. 839.25, F.S.,

relating to official misconduct; amending ss. 112.3173,

112.534, 117.01, and 121.091, F.S.; deleting and

conforming cross references to changes made by the act;

providing an effective date.

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

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

to Honest Government Act."

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

16.56, Florida Statutes, is amended to read:

16.56 Office of Statewide Prosecution.--

(1) There is created in the Department of Legal Affairs an

Office of Statewide Prosecution. The office shall be a separate

"budget entity" as that term is defined in chapter 216. The

office may:

(a) Investigate and prosecute the offenses of:

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

criminal usury, extortion, gambling, kidnapping, larceny,

murder, prostitution, perjury, robbery, carjacking, and home-

invasion robbery;

2. Any crime involving narcotic or other dangerous drugs;

3. Any violation of the provisions of the Florida RICO

(Racketeer Influenced and Corrupt Organization) Act, including

any offense listed in the definition of racketeering activity in

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

in connection with a violation of s. 895.03 and is charged in a

separate count of an information or indictment containing a

count charging a violation of s. 895.03, the prosecution of

which listed offense may continue independently if the

prosecution of the violation of s. 895.03 is terminated for any

reason;

4. Any violation of the provisions of the Florida Anti-

Fencing Act;

5. Any violation of the provisions of the Florida

Antitrust Act of 1980, as amended;

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

upon any person;

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

pornography and child exploitation prevention, or any offense

related to a violation of s. 847.0135; or

8. Any violation of the provisions of chapter 815;

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

crimes specifically enumerated above. The office shall have

such power only when any such offense is occurring, or has

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

transaction, or when any such offense is connected with an

organized criminal conspiracy affecting two or more judicial

circuits.

Section 3. Section 838.014, Florida Statutes, is amended

to read:

838.014 Definitions.--As used in~~For the purposes of~~this

chapter,the term~~unless a different meaning plainly is~~

~~required~~:

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

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

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

welfare he or she is interested, including any commission, gift,

gratuity, property, commercial interest, or any other thing of

economic value.

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

knowledge that the act is wrongful.

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

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

injury to any other person in whose welfare he or she is

interested.

(4) "Public servant" means:

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

or special district agency or entity;

(b) Any legislative or judicial officer or employee;

representative, or employee of a nongovernmental entity that is

100

authorized by law or contract to perform a governmental function

101

or provide a governmental service on behalf of a state, county,

102

municipal, or special district agency or entity to the extent

103

that the individual's conduct relates to the performance of the

104

governmental function or provision of the governmental service;

105

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

106

political party committee;

107

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

108

receiver, auditor, juror, arbitrator, umpire, referee,

109

consultant, or hearing officer while performing a governmental

110

function; or

111

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

112

positions listed in this subsection, or an individual who has

113

been elected to, but has yet to officially assume the

114

responsibilities of, public office.

115

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

116

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

117

~~any other thing of economic value.~~

118

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

119

~~person affected, including loss, disadvantage, or injury to any~~

120

~~other person in whose welfare he or she is interested.~~

121

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

122

~~employee of government, whether elected or appointed, including,~~

123

~~but not limited to, any executive, legislative, or judicial~~

124

~~officer; any person who holds an office or position in a~~

125

~~political party or political party committee, whether elected or~~

126

~~appointed; and any person participating as a special master,~~

127

~~receiver, auditor, juror, arbitrator, umpire, referee,~~

128

~~consultant, administrative law judge, hearing officer, or~~

129

~~hearing examiner, or person acting on behalf of any of these, in~~

130

~~performing a governmental function; but the term does not~~

131

~~include witnesses. Such term shall include a candidate for~~

132

~~election or appointment to any such office, including any~~

133

~~individual who seeks or intends to occupy any such office. It~~

134

~~shall include any person appointed to any of the foregoing~~

135

~~offices or employments before and after he or she qualifies.~~

136

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

137

~~city or county government or any branch, political subdivision,~~

138

~~or agency of the state, county, or city government.~~

139

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

140

~~the purpose of obtaining or compensating or receiving~~

141

~~compensation for any benefit resulting from some act or omission~~

142

~~of a public servant which is inconsistent with the proper~~

143

~~performance of his or her public duties.~~

144

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

145

Statutes, is amended to read:

146

838.015 Bribery.--

147

(3) Any person who commits briberycommits~~is guilty of~~a

148

felony of thesecond~~third~~degree, punishable as provided in s.

149

775.082, s. 775.083, or s. 775.084.

150

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

151

Statutes, is amended to read:

152

838.016 Unlawful compensation or reward for official

153

behavior.--

154

(4) Whoever violates the provisions of this section

155

commits~~shall be guilty of~~a felony of thesecond~~third~~degree,

156

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

157

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

158

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

159

838.022 Official misconduct.--

160

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

161

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

162

another, to:

163

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

164

official record or official document;

165

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

166

official record or official document or cause another person to

167

perform such an act; or

168

169

information relating to the commission of a felony that directly

170

involves or affects the public agency or public entity served by

171

the public servant.

172

(2) For the purposes of this section:

173

(a) The term "public servant," as defined in s. 838.014,

174

shall not include a candidate who does not otherwise qualify as

175

a public servant.

176

(b) An official record or official document includes only

177

public records.

178

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

179

of the second degree, punishable as provided in s. 775.082, s.

180

775.083, or s. 775.084.

181

838.20 Criminal misuse of official position.--

182

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

183

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

184

or her official position, or any public property or public

185

resource that is within his or her trust, to:

186

(a) Establish any business relationship between the public

187

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

188

servant receives or has an expectation of receiving a benefit;

189

190

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

191

himself or herself a benefit that is not generally available to

192

the public.

193

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

194

of the second degree, punishable as provided in s. 775.082, s.

195

775.083, or s. 775.084.

196

838.21 Disclosure or use of confidential criminal justice

197

information.--It is unlawful for a public servant, with intent

198

to obstruct, impede, or prevent a criminal investigation or a

199

criminal prosecution, to disclose active criminal investigative

200

or intelligence information as defined in chapter 119 or to

201

disclose or use information regarding either the efforts to

202

secure or the issuance of a warrant, subpoena, or other court

203

process or court order relating to a criminal investigation or

204

criminal prosecution when such information is not available to

205

the general public and is gained by reason of the public

206

servant's official position. Any person who violates this

207

section commits a felony of the third degree, punishable as

208

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

209

838.22 Bid tampering.--

210

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

211

(a) "Bid" includes a response to an "invitation to bid" or

212

"request for proposals" as those terms are defined in s.

213

287.012.

214

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

215

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

216

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

217

use, consumption, production, enjoyment, or resale.

218

219

whole or in part for economic benefit.

220

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

221

intent to influence or attempt to influence the competitive

222

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

223

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

224

procurement of commodities or services, to:

225

(a) Disclose material information concerning a bid or

226

other aspects of the competitive bidding process when such

227

information is not publicly disclosed.

228

(b) Establish a bid specification, contract specification,

229

request for proposal, invitation to bid, or other material

230

aspect of the competitive bidding process that provides an

231

unfair competitive advantage to any person who submits a bid.

232

233

materials supporting a submitted bid, or bid results for the

234

purpose of providing an unfair competitive advantage to any

235

person who submits a bid.

236

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

237

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

238

harm to another, to circumvent a competitive bidding process

239

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

240

commodities or services.

241

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

242

conspire, combine, or confederate, directly or indirectly, with

243

a public servant to violate subsection (2) or subsection (3).

244

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

245

a contract for commodities or services which was secured by a

246

public servant acting in violation of subsection (2) or

247

subsection (3).

248

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

249

of the second degree, punishable as provided in s. 775.082, s.

250

775.083, or s. 775.084.

251

838.23 Status of confidential informants and confidential

252

sources.--A person who provides information regarding suspected

253

criminal violations committed by a public servant as defined in

254

s. 838.014 shall be considered a confidential informant or

255

confidential source pursuant to s. 119.07(3)(c).

256

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

257

or prosecuted for an alleged violation of this chapter and

258

either the criminal charges are dismissed or the public servant

259

is acquitted, the public servant may petition the employing

260

public agency to award reasonable attorney's fees and costs

261

incurred by the public servant in defending against those

262

charges. The employing public agency may award reasonable

263

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

264

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

265

performance of his or her official duties and served a public

266

purpose.

267

Section 7. Section 837.02, Florida Statutes, is amended to

268

read:

269

837.02 Perjury in official proceedings.--

270

(1) Except as provided insubsections~~subsection~~(2)and

271

(3), whoever makes a false statement, which he or she does not

272

believe to be true, under oath in an official proceeding in

273

regard to any material matter, commits a felony of the third

274

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

275

775.084.

276

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

277

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

278

that relates to the prosecution of a capital felony, commits a

279

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

280

775.082, s. 775.083, or s. 775.084.

281

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

282

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

283

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

284

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

285

a public servant commits a felony of the second degree,

286

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

287

(4)~~(3)~~Knowledge of the materiality of the statement is

288

not an element of the crime of perjury under subsection (1),or

289

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

290

belief that the statement was not material is not a defense.

291

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

292

Statutes, is amended to read:

293

905.34 Powers and duties; law applicable.--The

294

jurisdiction of a statewide grand jury impaneled under this

295

chapter shall extend throughout the state. The subject matter

296

jurisdiction of the statewide grand jury shall be limited to the

297

offenses of:

298

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

299

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

300

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

301

and robbery;

302

303

or any attempt, solicitation, or conspiracy to commit any

304

violation of the crimes specifically enumerated above, when any

305

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

306

judicial circuits as part of a related transaction or when any

307

such offense is connected with an organized criminal conspiracy

308

affecting two or more judicial circuits. The statewide grand

309

jury may return indictments and presentments irrespective of the

310

county or judicial circuit where the offense is committed or

311

triable. If an indictment is returned, it shall be certified

312

and transferred for trial to the county where the offense was

313

committed. The powers and duties of, and law applicable to,

314

county grand juries shall apply to a statewide grand jury except

315

when such powers, duties, and law are inconsistent with the

316

provisions of ss. 905.31-905.40.

317

Section 9. Paragraphs (a), (f), and (g) of subsection (3)

318

of section 921.0022, Florida Statutes, are amended to read:

319

921.0022 Criminal Punishment Code; offense severity

320

ranking chart.--

321

(3) OFFENSE SEVERITY RANKING CHART

322

FloridaStatute

FelonyDegree

Description

323

(a) LEVEL 1

324

24.118(3)(a)

3rd

Counterfeit or altered state lottery ticket.

325

212.054(2)(b)

3rd

Discretionary sales surtax; limitations, administration, and collection.

326

212.15(2)(b)

3rd

Failure to remit sales taxes, amount greater than $300 but less than $20,000.

327

319.30(5)

3rd

Sell, exchange, give away certificate of title or identification number plate.

328

319.35(1)(a)

3rd

Tamper, adjust, change, etc., an odometer.

329

320.26(1)(a)

3rd

Counterfeit, manufacture, or sell registration license plates or validation stickers.

330

322.212(1)(a)-(c)

3rd

Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.

331

322.212(4)

3rd

Supply or aid in supplying unauthorized driver's license or identification card.

332

322.212(5)(a)

3rd

False application for driver's license or identification card.

333

370.13(3)(a)

3rd

Molest any stone crab trap, line, or buoy which is property of licenseholder.

334

370.135(1)

3rd

Molest any blue crab trap, line, or buoy which is property of licenseholder.

335

372.663(1)

3rd

Poach any alligator or crocodilia.

336

414.39(2)

3rd

Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.

337

414.39(3)(a)

3rd

Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.

338

443.071(1)

3rd

False statement or representation to obtain or increase unemployment compensation benefits.

339

509.151(1)

3rd

Defraud an innkeeper, food or lodging value greater than $300.

340

517.302(1)

3rd

Violation of the Florida Securities and Investor Protection Act.

341

562.27(1)

3rd

Possess still or still apparatus.

342

713.69

3rd

Tenant removes property upon which lien has accrued, value more than $50.

343

812.014(3)(c)

3rd

Petit theft (3rd conviction); theft of any property not specified in subsection (2).

344

812.081(2)

3rd

Unlawfully makes or causes to be made a reproduction of a trade secret.

345

815.04(4)(a)

3rd

Offense against intellectual property (i.e., computer programs, data).

346

817.52(2)

3rd

Hiring with intent to defraud, motor vehicle services.

347

817.569(2)

3rd

Use of public record or public records information to facilitate commission of a felony.

348

826.01

3rd

Bigamy.

349

828.122(3)

3rd

Fighting or baiting animals.

350

831.04(1)

3rd

Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.

351

831.31(1)(a)

3rd

Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.

352

832.041(1)

3rd

Stopping payment with intent to defraud $150 or more.

353

832.05(2)(b)& (4)(c)

3rd

Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.

354

~~838.015(3)~~

~~3rd~~

~~Bribery.~~

355

~~838.016(1)~~

~~3rd~~

~~Public servant receiving unlawful compensation.~~

356

~~838.15(2)~~

~~3rd~~

~~Commercial bribe receiving.~~

357

~~838.16~~

~~3rd~~

~~Commercial bribery.~~

358

843.18

3rd

Fleeing by boat to elude a law enforcement officer.

359

847.011(1)(a)

3rd

Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).

360

849.01

3rd

Keeping gambling house.

361

849.09(1)(a)-(d)

3rd

Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.

362

849.23

3rd

Gambling-related machines; "common offender" as to property rights.

363

849.25(2)

3rd

Engaging in bookmaking.

364

860.08

3rd

Interfere with a railroad signal.

365

860.13(1)(a)

3rd

Operate aircraft while under the influence.

366

893.13(2)(a)2.

3rd

Purchase of cannabis.

367

893.13(6)(a)

3rd

Possession of cannabis (more than 20 grams).

368

934.03(1)(a)

3rd

Intercepts, or procures any other person to intercept, any wire or oral communication.

369

(f) LEVEL 6

370

316.027(1)(b)

2nd

Accident involving death, failure to stop; leaving scene.

371

316.193(2)(b)

3rd

Felony DUI, 4th or subsequent conviction.

372

775.0875(1)

3rd

Taking firearm from law enforcement officer.

373

775.21(10)

3rd

Sexual predators; failure to register; failure to renew driver's license or identification card.

374

784.021(1)(a)

3rd

Aggravated assault; deadly weapon without intent to kill.

375

784.021(1)(b)

3rd

Aggravated assault; intent to commit felony.

376

784.041

3rd

Felony battery.

377

784.048(3)

3rd

Aggravated stalking; credible threat.

378

784.048(5)

3rd

Aggravated stalking of person under 16.

379

784.07(2)(c)

2nd

Aggravated assault on law enforcement officer.

380

784.074(1)(b)

2nd

Aggravated assault on sexually violent predators facility staff.

381

784.08(2)(b)

2nd

Aggravated assault on a person 65 years of age or older.

382

784.081(2)

2nd

Aggravated assault on specified official or employee.

383

784.082(2)

2nd

Aggravated assault by detained person on visitor or other detainee.

384

784.083(2)

2nd

Aggravated assault on code inspector.

385

787.02(2)

3rd

False imprisonment; restraining with purpose other than those in s. 787.01.

386

790.115(2)(d)

2nd

Discharging firearm or weapon on school property.

387

790.161(2)

2nd

Make, possess, or throw destructive device with intent to do bodily harm or damage property.

388

790.164(1)

2nd

False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.

389

790.19

2nd

Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.

390

794.011(8)(a)

3rd

Solicitation of minor to participate in sexual activity by custodial adult.

391

794.05(1)

2nd

Unlawful sexual activity with specified minor.

392

800.04(5)(d)

3rd

Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.

393

800.04(6)(b)

2nd

Lewd or lascivious conduct; offender 18 years of age or older.

394

806.031(2)

2nd

Arson resulting in great bodily harm to firefighter or any other person.

395

810.02(3)(c)

2nd

Burglary of occupied structure; unarmed; no assault or battery.

396

812.014(2)(b)1.

2nd

Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.

397

812.014(2)(b)2.

2nd

Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree.

398

812.015(9)

2nd

Retail theft; property stolen $300 or more; second or subsequent conviction.

399

812.13(2)(c)

2nd

Robbery, no firearm or other weapon (strong-arm robbery).

400

817.034(4)(a)1.

1st

Communications fraud, value greater than $50,000.

401

817.4821(5)

2nd

Possess cloning paraphernalia with intent to create cloned cellular telephones.

402

825.102(1)

3rd

Abuse of an elderly person or disabled adult.

403

825.102(3)(c)

3rd

Neglect of an elderly person or disabled adult.

404

825.1025(3)

3rd

Lewd or lascivious molestation of an elderly person or disabled adult.

405

825.103(2)(c)

3rd

Exploiting an elderly person or disabled adult and property is valued at less than $20,000.

406

827.03(1)

3rd

Abuse of a child.

407

827.03(3)(c)

3rd

Neglect of a child.

408

827.071(2)&(3)

2nd

Use or induce a child in a sexual performance, or promote or direct such performance.

409

836.05

2nd

Threats; extortion.

410

836.10

2nd

Written threats to kill or do bodily injury.

411

838.21

3rd

Disclosure or use of confidential criminal justice information.

412

843.12

3rd

Aids or assists person to escape.

413

847.0135(3)

3rd

Solicitation of a child, via a computer service, to commit an unlawful sex act.

414

914.23

2nd

Retaliation against a witness, victim, or informant, with bodily injury.

415

943.0435(9)

3rd

Sex offenders; failure to comply with reporting requirements.

416

944.35(3)(a)2.

3rd

Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.

417

944.40

2nd

Escapes.

418

944.46

3rd

Harboring, concealing, aiding escaped prisoners.

419

944.47(1)(a)5.

2nd

Introduction of contraband (firearm, weapon, or explosive) into correctional facility.

420

951.22(1)

3rd

Intoxicating drug, firearm, or weapon introduced into county facility.

421

(g) LEVEL 7

422

316.193(3)(c)2.

3rd

DUI resulting in serious bodily injury.

423

327.35(3)(c)2.

3rd

Vessel BUI resulting in serious bodily injury.

424

402.319(2)

2nd

Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

425

409.920(2)

3rd

Medicaid provider fraud.

426

456.065(2)

3rd

Practicing a health care profession without a license.

427

456.065(2)

2nd

Practicing a health care profession without a license which results in serious bodily injury.

428

458.327(1)

3rd

Practicing medicine without a license.

429

459.013(1)

3rd

Practicing osteopathic medicine without a license.

430

460.411(1)

3rd

Practicing chiropractic medicine without a license.

431

461.012(1)

3rd

Practicing podiatric medicine without a license.

432

462.17

3rd

Practicing naturopathy without a license.

433

463.015(1)

3rd

Practicing optometry without a license.

434

464.016(1)

3rd

Practicing nursing without a license.

435

465.015(2)

3rd

Practicing pharmacy without a license.

436

466.026(1)

3rd

Practicing dentistry or dental hygiene without a license.

437

467.201

3rd

Practicing midwifery without a license.

438

468.366

3rd

Delivering respiratory care services without a license.

439

483.828(1)

3rd

Practicing as clinical laboratory personnel without a license.

440

483.901(9)

3rd

Practicing medical physics without a license.

441

484.013(1)(c)

3rd

Preparing or dispensing optical devices without a prescription.

442

484.053

3rd

Dispensing hearing aids without a license.

443

494.0018(2)

1st

Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.

444

560.123(8)(b)1.

3rd

Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.

445

560.125(5)(a)

3rd

Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

446

655.50(10)(b)1.

3rd

Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

447

782.051(3)

2nd

Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.

448

782.07(1)

2nd

Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).

449

782.071

2nd

Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).

450

782.072

2nd

Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).

451

784.045(1)(a)1.

2nd

Aggravated battery; intentionally causing great bodily harm or disfigurement.

452

784.045(1)(a)2.

2nd

Aggravated battery; using deadly weapon.

453

784.045(1)(b)

2nd

Aggravated battery; perpetrator aware victim pregnant.

454

784.048(4)

3rd

Aggravated stalking; violation of injunction or court order.

455

784.07(2)(d)

1st

Aggravated battery on law enforcement officer.

456

784.074(1)(a)

1st

Aggravated battery on sexually violent predators facility staff.

457

784.08(2)(a)

1st

Aggravated battery on a person 65 years of age or older.

458

784.081(1)

1st

Aggravated battery on specified official or employee.

459

784.082(1)

1st

Aggravated battery by detained person on visitor or other detainee.

460

784.083(1)

1st

Aggravated battery on code inspector.

461

790.07(4)

1st

Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

462

790.16(1)

1st

Discharge of a machine gun under specified circumstances.

463

790.165(2)

2nd

Manufacture, sell, possess, or deliver hoax bomb.

464

790.165(3)

2nd

Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

465

790.166(3)

2nd

Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.

466

790.166(4)

2nd

Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

467

796.03

2nd

Procuring any person under 16 years for prostitution.

468

800.04(5)(c)1.

2nd

Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.

469

800.04(5)(c)2.

2nd

Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.

470

806.01(2)

2nd

Maliciously damage structure by fire or explosive.

471

810.02(3)(a)

2nd

Burglary of occupied dwelling; unarmed; no assault or battery.

472

810.02(3)(b)

2nd

Burglary of unoccupied dwelling; unarmed; no assault or battery.

473

810.02(3)(d)

2nd

Burglary of occupied conveyance; unarmed; no assault or battery.

474

812.014(2)(a)

1st

Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.

475

812.014(2)(b)3.

2nd

Property stolen, emergency medical equipment; 2nd degree grand theft.

476

812.0145(2)(a)

1st

Theft from person 65 years of age or older; $50,000 or more.

477

812.019(2)

1st

Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

478

812.131(2)(a)

2nd

Robbery by sudden snatching.

479

812.133(2)(b)

1st

Carjacking; no firearm, deadly weapon, or other weapon.

480

817.234(11)(c)

1st

Insurance fraud; property value $100,000 or more.

481

825.102(3)(b)

2nd

Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

482

825.103(2)(b)

2nd

Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.

483

827.03(3)(b)

2nd

Neglect of a child causing great bodily harm, disability, or disfigurement.

484

827.04(3)

3rd

Impregnation of a child under 16 years of age by person 21 years of age or older.

485

837.02(3)

2nd

Perjury by a public servant in an official proceeding.

486

837.05(2)

3rd

Giving false information about alleged capital felony to a law enforcement officer.

487

838.015

2nd

Bribery.

488

838.016

2nd

Unlawful compensation or reward for official behavior.

489

838.021(3)(a)

2nd

Unlawful harm to a public servant.

490

838.022

2nd

Official misconduct.

491

838.20

2nd

Criminal misuse of official position.

492

838.22

2nd

Bid tampering

493

872.06

2nd

Abuse of a dead human body.

494

893.13(1)(c)1.

1st

Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility or school.

495

893.13(1)(e)1.

1st

Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.

496

893.13(4)(a)

1st

Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

497

893.135(1)(a)1.

1st

Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

498

893.135(1)(b)1.a.

1st

Trafficking in cocaine, more than 28 grams, less than 200 grams.

499

893.135(1)(c)1.a.

1st

Trafficking in illegal drugs, more than 4 grams, less than 14 grams.

500

893.135(1)(d)1.

1st

Trafficking in phencyclidine, more than 28 grams, less than 200 grams.

501

893.135(1)(e)1.

1st

Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.

502

893.135(1)(f)1.

1st

Trafficking in amphetamine, more than 14 grams, less than 28 grams.

503

893.135(1)(g)1.a.

1st

Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.

504

893.135(1)(h)1.a.

1st

Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

505

893.135(1)(j)1.a.

1st

Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

506

893.135(1)(k)2.a.

1st

Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.

507

896.101(5)(a)

3rd

Money laundering, financial transactions exceeding $300 but less than $20,000.

508

896.1044)(a)1

3rd

Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

509

Section 10.Sections 838.15, 838.16, and 839.25,

510

Florida Statutes, are repealed.

511

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

512

112.3173, Florida Statutes, is amended to read:

513

112.3173 Felonies involving breach of public trust and

514

other specified offenses by public officers and employees;

515

forfeiture of retirement benefits.--

516

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

517

context otherwise requires, the term:

518

(e) "Specified offense" means:

519

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

520

of public funds;

521

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

522

public officer or employee from his or her employer;

523

3. Bribery in connection with the employment of a public

524

officer or employee;

525

4. Any felony specified in chapter 838~~, except ss. 838.15~~

526

~~and 838.16~~;

527

5. The committing of an impeachable offense; or

528

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

529

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

530

the public agency for which the public officer or employee acts

531

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

532

faithful performance of his or her duty as a public officer or

533

employee, realizes or obtains, or attempts to realize or obtain,

534

a profit, gain, or advantage for himself or herself or for some

535

other person through the use or attempted use of the power,

536

rights, privileges, duties, or position of his or her public

537

office or employment position.

538

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

539

Statutes, is amended to read:

540

112.534 Failure to comply; official misconduct.--

541

(2) All the provisions of s.838.022~~839.25~~shall apply to

542

this part.

543

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

544

117.01, Florida Statutes, is amended to read:

545

117.01 Appointment, application, suspension, revocation,

546

application fee, bond, and oath.--

547

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

548

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

549

Grounds constituting malfeasance, misfeasance, or neglect of

550

duty include, but are not limited to, the following:

551

(d) Official misconduct as defined in s.838.022~~839.25~~.

552

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

553

121.091, Florida Statutes, is amended to read:

554

121.091 Benefits payable under the system.--Benefits may

555

not be paid under this section unless the member has terminated

556

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

557

participation in the Deferred Retirement Option Program as

558

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

559

filed in the manner prescribed by the department. The department

560

may cancel an application for retirement benefits when the

561

member or beneficiary fails to timely provide the information

562

and documents required by this chapter and the department's

563

rules. The department shall adopt rules establishing procedures

564

for application for retirement benefits and for the cancellation

565

of such application when the required information or documents

566

are not received.

567

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

568

terminated prior to retirement retains membership rights to

569

previously earned member-noncontributory service credit, and to

570

member-contributory service credit, if the member leaves the

571

member contributions on deposit in his or her retirement

572

account. If a terminated member receives a refund of member

573

contributions, such member may reinstate membership rights to

574

the previously earned service credit represented by the refund

575

by completing 1 year of creditable service and repaying the

576

refunded member contributions, plus interest.

577

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

578

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

579

committing, aiding, or abetting any embezzlement or theft from

580

his or her employer, bribery in connection with the employment,

581

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

582

~~838.16,~~committed prior to retirement, or who has entered a plea

583

of guilty or of nolo contendere to such crime, or any member

584

whose employment is terminated by reason of the member's

585

admitted commitment, aiding, or abetting of an embezzlement or

586

theft from his or her employer, bribery, or other felony

587

specified in chapter 838~~, except ss. 838.15 and 838.16,~~shall

588

forfeit all rights and benefits under this chapter, except the

589

return of his or her accumulated contributions as of the date of

590

termination.

591

Section 15. This act shall take effect October 1, 2003.

592