HB 1357

1	A bill to be entitled
2	An act relating to public procurement; amending s. 838.22,
3	F.S.; providing that a public servant who fails to
4	advertise, publicly announce, or electronically post a
5	solicitation for commodities or contractual services
6	commits a felony of the second degree under certain
7	circumstances; imposing criminal penalties; reenacting s.
8	921.0022(3)(g), F.S., relating to the offense severity
9	ranking chart of the Criminal Punishment Code, to
10	incorporate the amendment made to s. 838.22, F.S., in a
11	reference thereto; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 838.22, Florida Statutes, is amended to
16	read:
17	838.22  Bid tampering.-
18	(1)  It is unlawful for a public servant, with corrupt
19	intent to influence or attempt to influence the competitive
20	bidding process undertaken by any state, county, municipal, or
21	special district agency, or any other public entity, for the
22	procurement of commodities or services, to:
23	(a)  Disclose material information concerning a bid or
24	other aspects of the competitive bidding process when such
25	information is not publicly disclosed.
26	(b)  Alter or amend a submitted bid, documents or other
27	materials supporting a submitted bid, or bid results for the
28	purpose of intentionally providing a competitive advantage to
29	any person who submits a bid.
30	(c)  Fail to advertise, publicly announce, or
31	electronically post a solicitation for the procurement of
32	commodities or contractual services which must be advertised,
33	publicly announced, or electronically posted by statute or rule.
34	(2)  It is unlawful for a public servant, with corrupt
35	intent to obtain a benefit for any person or to cause unlawful
36	harm to another, to circumvent a competitive bidding process
37	required by law or rule by using a sole-source contract for
38	commodities or services.
39	(3)  It is unlawful for any person to knowingly agree,
40	conspire, combine, or confederate, directly or indirectly, with
41	a public servant to violate subsection (1) or subsection (2).
42	(4)  It is unlawful for any person to knowingly enter into
43	a contract for commodities or services which was secured by a
44	public servant acting in violation of subsection (1) or
45	subsection (2).
46	(5)  Any person who violates this section commits a felony
47	of the second degree, punishable as provided in s. 775.082, s.
48	775.083, or s. 775.084.
49	Section 2.  For the purpose of incorporating the amendment
50	made by this act to section 838.22, Florida Statutes, in a
51	reference thereto, paragraph (g) of subsection (3) of section
52	921.0022, Florida Statutes, is reenacted to read:
53	921.0022  Criminal Punishment Code; offense severity
54	ranking chart.-
55	(3)  OFFENSE SEVERITY RANKING CHART
56	(g)  LEVEL 7
	FloridaStatute FelonyDegree Description
57
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
58
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
59
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
60
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
61
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
62
	409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
63
	409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
64
	456.065(2) 3rd Practicing a health care profession without a license.
65
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
66
	458.327(1) 3rd Practicing medicine without a license.
67
	459.013(1) 3rd Practicing osteopathic medicine without a license.
68
	460.411(1) 3rd Practicing chiropractic medicine without a license.
69
	461.012(1) 3rd Practicing podiatric medicine without a license.
70
	462.17 3rd Practicing naturopathy without a license.
71
	463.015(1) 3rd Practicing optometry without a license.
72
	464.016(1) 3rd Practicing nursing without a license.
73
	465.015(2) 3rd Practicing pharmacy without a license.
74
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
75
	467.201 3rd Practicing midwifery without a license.
76
	468.366 3rd Delivering respiratory care services without a license.
77
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
78
	483.901(9) 3rd Practicing medical physics without a license.
79
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
80
	484.053 3rd Dispensing hearing aids without a license.
81
	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.
82
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
83
	560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
84
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
85
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
86
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
87
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
88
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
89
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
90
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
91
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
92
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
93
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
94
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
95
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
96
	784.048(7) 3rd Aggravated stalking; violation of court order.
97
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
98
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
99
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
100
	784.081(1) 1st Aggravated battery on specified official or employee.
101
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
102
	784.083(1) 1st Aggravated battery on code inspector.
103
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
104
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
105
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
106
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
107
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
108
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
109
	790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
110
	794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
111
	796.03 2nd Procuring any person under 16 years for prostitution.
112
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
113
	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.
114
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
115
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
116
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
117
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
118
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
119
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
120
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
121
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
122
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
123
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
124
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
125
	812.131(2)(a) 2nd Robbery by sudden snatching.
126
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
127
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
128
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
129
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
130
	817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
131
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
132
	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.
133
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
134
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
135
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
136
	838.015 2nd Bribery.
137
	838.016 2nd Unlawful compensation or reward for official behavior.
138
	838.021(3)(a) 2nd Unlawful harm to a public servant.
139
	838.22 2nd Bid tampering.
140
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
141
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
142
	872.06 2nd Abuse of a dead human body.
143
	874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
144
	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, school, or state, county, or municipal park or publicly owned recreational facility or community center.
145
	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.
146
	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).
147
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
148
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
149
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
150
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
151
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
152
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
153
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
154
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
155
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
156
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
157
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
158
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
159
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
160
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
161
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
162
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
163
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
164
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
165
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
166
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
167
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
168
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
169
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
170
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
171
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
172
173	Section 3.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.