Florida Senate - 2010 CS for SB 902
By the Committee on Ethics and Elections; and Senators
Alexander, Villalobos, and Gelber
1 A bill to be entitled
2 An act relating to the public trust; amending s.
3 106.25, F.S.; authorizing the Florida Elections
4 Commission to determine whether a person’s conduct was
5 willful in an informal hearing following a finding of
6 probable cause; amending s. 125.69, F.S.; authorizing
7 a county to specify by ordinance penalties for a
8 violation of certain county ordinances; amending s.
9 216.011, F.S.; defining the term “lease or lease
10 purchase of equipment”; amending s. 216.023, F.S.;
11 requiring that specified information relating to
12 certain contracts be included in an agency’s
13 legislative budget request; amending s. 216.311, F.S.;
14 defining the terms “contract” and “agreement”;
15 prohibiting an agency or branch of state government,
16 without legislative authority, from contracting to pay
17 liquidated damages or early termination fees resulting
18 from the breach or early termination of a contract or
19 agreement, from paying interest because of
20 insufficient budget authority to pay an obligation in
21 the current year, from obligating the state to make
22 future payments to cover unpaid payments, or from
23 granting a party the right to collect fees or other
24 revenues from nonparties; providing certain
25 exemptions; prohibiting an agency from entering into
26 certain leases without authorization by the
27 Legislature or the Legislative Budget Commission;
28 creating s. 216.312, F.S.; requiring the executive and
29 judicial branch to notify the Governor and Legislature
30 before entering into contracts containing certain
31 provisions relating to expenditures; requiring that
32 the Department of Transportation implement the work
33 program approved by the Legislature by entering into
34 contracts and agreements subject to certain
35 requirements; requiring that the department provide
36 written notification to the Governor and the
37 Legislature within a specified number of days before
38 advertising for proposals if the department intends to
39 procure a contract pursuant to s. 334.30, F.S.;
40 transferring, renumbering, and amending s. 287.0582,
41 F.S.; requiring a state contract to identify the
42 appropriation that funds a contract; expanding the
43 statement that must be included in state contracts to
44 include grounds for terminating the contract based on
45 budget deficits; requiring the judicial branch to
46 include the statement in its contracts; requiring the
47 agency head, executive director, or chief judge, as
48 appropriate, or a designated senior management
49 employee, to sign contracts that exceed a specified
50 amount; requiring the agency head, executive director,
51 or chief judge to review certain contracts and certify
52 compliance with ch. 216, F.S.; requiring contracts
53 exceeding a specified amount to require written
54 acceptance or rejection of contract deliverables;
55 providing an exception; providing that contracts in
56 violation of these provisions are null and void;
57 providing penalties; amending s. 287.063, F.S.;
58 prohibiting certain lease or deferred-payment
59 purchases by state agencies unless expressly
60 authorized by the Legislature in the General
61 Appropriations Act or by the Legislative Budget
62 Commission; amending s. 287.064, F.S.; prohibiting
63 certain master equipment financing agreements unless
64 expressly authorized by the Legislature in the General
65 Appropriations Act or by the Legislative Budget
66 Commission; amending ss. 376.3075 and 403.1837, F.S.;
67 conforming cross-references; providing for
68 application; creating s. 775.0876, F.S.; providing for
69 the reclassification of criminal offenses committed
70 “under color of law”; providing an exception; amending
71 s. 838.022, F.S.; criminalizing certain acts by public
72 servants that constitute official misconduct;
73 prescribing penalties; providing definitions; amending
74 s. 921.0022, F.S., relating to the offense severity
75 ranking chart of the Criminal Punishment Code;
76 conforming provisions to changes made by the act;
77 providing an effective date.
79 Be It Enacted by the Legislature of the State of Florida:
81 Section 1. Subsection (3) of section 106.25, Florida
82 Statutes, is amended to read:
83 106.25 Reports of alleged violations to Florida Elections
84 Commission; disposition of findings.—
85 (3) For the purposes of commission jurisdiction, a
86 violation shall mean the willful performance of an act
87 prohibited by this chapter or chapter 104 or the willful failure
88 to perform an act required by this chapter or chapter 104.
89 Willfulness is a determination of fact; however, at the request
90 of the respondent at any time after probable cause is found,
91 willfulness may be considered and determined in an informal
92 hearing before the commission.
93 Section 2. Subsection (1) of section 125.69, Florida
94 Statutes, is amended to read:
95 125.69 Penalties; enforcement by code inspectors.—
96 (1) Violations of county ordinances shall be prosecuted in
97 the same manner as misdemeanors are prosecuted. Such violations
98 shall be prosecuted in the name of the state in a court having
99 jurisdiction of misdemeanors by the prosecuting attorney thereof
100 and upon conviction shall be punished by a fine not to exceed
101 $500 or by imprisonment in the county jail not to exceed 60 days
102 or by both such fine and imprisonment. However, a county may
103 specify, by ordinance, a violation of a county ordinance which
104 is punishable by a fine in an amount exceeding $500, but not
105 exceeding $2,000 a day, if the county must have authority to
106 punish a violation of that ordinance by a fine in an amount
107 greater than $500 in order for the county to carry out a
108 federally mandated program. A county may also specify, by
109 ordinance, that a violation of any provision of a county
110 ordinance imposing standards of conduct and disclosure
111 requirements as provided in s. 112.326 is punishable by a fine
112 not to exceed $1,000 or a term of imprisonment in the county
113 jail not to exceed 1 year.
114 Section 3. Present paragraph (vv) of subsection (1) of
115 section 216.011, Florida Statutes, is redesignated as paragraph
116 (ww), and a new paragraph (vv) is added to that subsection, to
118 216.011 Definitions.—
119 (1) For the purpose of fiscal affairs of the state,
120 appropriations acts, legislative budgets, and approved budgets,
121 each of the following terms has the meaning indicated:
122 (vv) “Lease or lease-purchase of equipment” means the
123 appropriations category used to fund the lease or lease-purchase
124 of equipment, fixtures, and other tangible personal property.
125 Section 4. Present subsections (6) through (9) of section
126 216.023, Florida Statutes, are renumbered as subsections (7)
127 through (10), respectively, and a new subsection (6) is added to
128 that section, to read:
129 216.023 Legislative budget requests to be furnished to
130 Legislature by agencies.—
131 (6) As part of the legislative budget request, each state
132 agency must include the following information for each contract
133 in which the state agency has granted a concession:
134 (a) The name of the vendor.
135 (b) A brief description of the services provided by the
137 (c) The term of the contract and the years remaining on the
139 (d) The amount of revenue generated or expected to be
140 generated by the vendor under the contract for the prior fiscal
141 year, the current fiscal year, and the next fiscal year.
142 (e) The amount of revenue remitted or expected to be
143 remitted to the state agency by the vendor for the prior fiscal
144 year, the current fiscal year, and the next fiscal year.
145 (f) The value of capital improvements, if any, on state
146 property which have been funded by the vendor over the term of
147 the contract.
148 (g) The remaining amount of capital improvements, if any,
149 on state property which have not been fully amortized by June 30
150 of the prior fiscal year.
151 (h) The amount, if any, of state appropriations made to the
152 state agency to pay for services provided by the vendor.
153 Section 5. Section 216.311, Florida Statutes, is amended to
155 216.311 Unauthorized contracts
in excess of appropriations;
157 (1) As used in this section and ss. 216.312 and 216.313,
158 the terms “contract” and “agreement” include the initial
159 contract or agreement, any amendment to the contract or
160 agreement, and any extension or renewal of the contract or
162 (2) (1) Unless specifically authorized by law, an No agency
163 or branch of state government may not enter into any shall
164 contract to spend, or enter into any agreement:
165 (a) To spend , any moneys in excess of the amount
166 appropriated to such agency or branch unless specifically
167 authorized by law, and any contract or agreement in violation of
168 this chapter shall be null and void.
169 (b) That requires the state to pay liquidated damages or
170 early termination fees for a breach or early termination of a
171 contract or agreement by such agency or branch due to an act of
172 the Legislature which provides less than full funding for the
173 contract during the fiscal year.
174 (c) That requires the state to pay interest, other than
175 interest paid pursuant to s. 215.422, to another party because
176 the agency or branch has insufficient budget authority to pay
177 the underlying obligation of the contract or agreement in the
178 current year.
179 (d) That binds the state to make future-year payments to
180 offset payments not made in a prior year due to insufficient
181 budget authority.
182 (e) To grant to any party the right or privilege to collect
183 and retain fees or other revenues from persons who are not a
184 party to the contract which would otherwise be payable to the
185 state and deposited into the State Treasury.
186 (3) Notwithstanding subsection (2), the following agencies
187 may enter into the following contracts or agreements:
188 (a) The Department of Transportation may enter into
189 contracts and agreements subject to the requirements in s.
190 334.30 and chapter 339 to implement the work program approved by
191 the Legislature in lieu of the limitations provided in
192 paragraphs (2)(b), (c), (d), and (e).
193 (b) In order to administer the state group insurance
194 program as provided in s. 110.123, the Department of Management
195 Services may enter into contracts and other agreements that
196 permit health care providers, health maintenance organizations,
197 preferred provider organizations, and insurers to collect
198 premiums and copayments from participants in the group insurance
200 (c) In order to administer the state Medicaid plan and the
201 Florida Healthy Kids program, the Agency for Health Care
202 Administration may enter into contracts and other agreements
203 that permit health care providers to collect premiums and
204 copayments from participants in the Medicaid plan and the
205 Healthy Kids program.
206 (d) In order to administer the state parks system, the
207 Department of Environmental Protection may enter into contracts
208 and other agreements that require the state to pay liquidated
209 damages or early termination fees as a result of a breach of
210 those contracts or agreements, but only if the vendor makes
211 significant capital improvements to state property and the costs
212 of such improvements is amortized over no more than 3 years.
213 Such contracts are subject to the notice requirements of s.
215 (4) Notwithstanding any law authorizing an agency to enter
216 into a lease, an agency may not enter into a lease or lease
217 purchase agreement for tangible personal property which requires
218 the state to pay more than $500,000 over the term of the lease
219 or agreement if the term of the lease or agreement exceeds 1
220 fiscal year unless such lease or agreement is expressly
221 authorized by the Legislature or the Legislative Budget
222 Commission has approved a transfer of budget authority from a
223 traditional appropriation category to the appropriation category
224 established for the lease or lease-purchase of equipment.
225 However, in order to administer the real estate and other
226 investment portfolios as provided in s. 215.47, the State Board
227 of Administration may enter into contracts and such other
228 agreements as necessary to carry out the investment duties of
229 the board.
230 (5) Any contract or agreement in violation of this section
231 is null and void.
232 (6) (2) Any public officer or employee person who willfully
233 enters into a contract or other agreement in violation of this
234 section commits contracts to spend, or enters into an agreement
235 to spend, any money in excess of the amount appropriated to the
236 agency or branch for whom the contract or agreement is executed
237 is guilty of a misdemeanor of the first degree, punishable as
238 provided in s. 775.082 or s. 775.083.
239 Section 6. Section 216.312, Florida Statutes, is created to
241 216.312 Reporting contract expenditures.—
242 (1) A state agency must provide written notification of the
243 terms and conditions of the contract to the Governor, the
244 President of the Senate, and the Speaker of the House of
245 Representatives at least 30 days before executing a contract, or
246 a series of contracts between the same parties, for the purchase
247 of services or tangible personal property that:
248 (a) Requires payments by the state in excess of $10 million
249 in any fiscal year;
250 (b) Requires minimal or no payments by the state during the
251 fiscal year;
252 (c) Authorizes the other party to make expenditures in
253 anticipation of collecting revenues from a third party,
254 including other state agencies, rather than receiving payments
255 from the state agency executing the contract; or
256 (d) Requires initial expenditures by the other party and
257 for which the other party will not receive payment from the
258 state within 180 days after the expenditure.
259 (2) The execution of any contract or agreement described in
260 subsection (1) is an action or proposed action subject to s.
262 (3) In lieu of the notice requirements provided in this
263 section, the Department of Transportation shall implement the
264 work program approved by the Legislature by entering into
265 contracts and agreements subject to the requirements in s.
266 334.30 and chapter 339; however, when the Department of
267 Transportation intends to procure a contract pursuant to s.
268 334.30, the department must provide written notification to the
269 Governor, the President of the Senate, the Speaker of the House
270 of Representatives, and the chairs of the legislative
271 appropriations committees at least 30 days before advertising
272 for proposals.
273 Section 7. Section 287.0582, Florida Statutes, is
274 transferred, renumbered as section 216.313, Florida Statutes,
275 and amended to read:
276 216.313 287.0582 Contract appropriation Contracts which
277 require annual appropriation; contingency statement;
278 requirements; penalty.—
279 (1) An executive or judicial branch public officer or
280 employee may not enter into any contract or agreement on behalf
281 of the state or judicial branch which binds the state or its
282 executive agencies or the judicial branch for the purchase of
283 services or tangible personal property unless the contract
284 identifies the specific appropriation of state funds from which
285 the state will make payment under the contract in the first year
286 of the contract, or unless the Legislature expressly authorizes
287 the agency or the judicial branch to enter into such contract
288 absent a specific appropriation of funds.
289 (2) An No executive or judicial branch public officer or
290 employee may not shall enter into any contract or agreement on
291 behalf of the state , which contract binds the state or its
292 executive agencies for the purchase of services or tangible
293 personal property for a period in excess of 1 fiscal year,
294 unless the following statements are statement is included in the
296 (a) “The State of Florida’s performance and obligation to
297 pay under this contract is contingent upon an annual
298 appropriation by the Legislature.”
299 (b) “This contract may be terminated by the state upon 10
300 days’ written notice if funding for this contract is
301 specifically eliminated pursuant to a deficit reduction plan
302 implemented by:
303 1. The Governor or the Chief Justice or by an act of the
304 Legislature after certification pursuant to section 216.221,
305 Florida Statutes, that a deficit will occur in the General
306 Revenue Fund; or
307 2. The Governor or Chief Justice pursuant to section
308 216.221(10), Florida Statutes, or by an act of the Legislature,
309 after a determination by the Chief Financial Officer that a
310 deficit will occur with respect to appropriations from a
311 specific trust fund in the current fiscal year.”
313 Paragraph (b) does not apply to a contract or agreement entered
314 into pursuant to s. 334.30.
315 (3) A contract or other agreement that exceeds:
316 (a) The CATEGORY TWO threshold amount provided in s.
317 287.017 must be signed by the agency head, executive director,
318 or chief judge, as appropriate, or a designated senior
319 management employee.
320 (b) A term of 12 months may not be executed by any
321 executive or judicial branch agency unless the agency head,
322 executive director, or chief judge, as appropriate, or a
323 designated senior management employee, determines that the
324 contract is in compliance with the requirements of this chapter
325 and certifies such compliance in writing within the contract or
327 (c) The CATEGORY FIVE threshold amount provided in s.
328 287.017 must require the written acceptance or rejection of
329 contract deliverables.
330 (4) Any contract or other agreement in violation of this
331 section is null and void.
332 (5) Any public officer or employee who willfully enters
333 into a contract or other agreement in violation of this section
334 commits a misdemeanor of the first degree, punishable as
335 provided in s. 775.082 or s. 775.083.
336 Section 8. Subsection (4) of section 287.063, Florida
337 Statutes, is amended to read:
338 287.063 Deferred-payment commodity contracts; preaudit
340 (4) Beginning July 1, 2010, an agency may not enter into a
341 lease or deferred-payment purchase arrangement for the
342 acquisition of equipment which has a total cost greater than
343 $500,000 unless the Legislature has expressly authorized such
344 lease or deferred-payment purchase arrangement in the General
345 Appropriations Act or the Legislative Budget Commission has
346 approved a transfer of budget authority from a traditional
347 appropriation category to the special appropriation category for
348 deferred-payment commodity contracts. For purposes of this
349 section, deferred-payment commodity contracts for replacing the
350 state accounting and cash management systems may include
351 equipment, accounting software, and implementation and project
352 management services.
353 Section 9. Subsection (9) of section 287.064, Florida
354 Statutes, is amended to read:
355 287.064 Consolidated financing of deferred-payment
357 (9) Beginning July 1, 2010, an agency may not enter into a
358 master equipment financing agreement that has a total cost
359 greater than $500,000 unless the Legislature has expressly
360 authorized such agreement in the General Appropriations Act or
361 the Legislative Budget Commission has approved a transfer of
362 budget authority from a traditional appropriation category to
363 the special appropriation category for deferred-payment
364 commodity contracts. For purposes of this section, deferred
365 payment commodity contracts for replacing the state accounting
366 and cash management systems may include equipment, accounting
367 software, and implementation and project management services.
368 Section 10. Subsections (4) and (9) of section 376.3075,
369 Florida Statutes, are amended to read:
370 376.3075 Inland Protection Financing Corporation.—
371 (4) The corporation may enter into one or more service
372 contracts with the department to provide services to the
373 department in connection with financing the functions and
374 activities provided in ss. 376.30-376.317. The department may
375 enter into one or more such service contracts with the
376 corporation and provide payment for payments under such
377 contracts pursuant to s. 376.3071(4)(o), subject to annual
378 appropriation by the Legislature. The proceeds from such service
379 contracts may be used for the corporation’s administrative costs
380 and expenses after payments as set forth in subsection (5). Each
381 service contract may have a term of up to 20 years. Amounts
382 annually appropriated and applied to make payments under such
383 service contracts may not include any funds derived from
384 penalties or other payments received from any property owner or
385 private party, including payments received under s.
386 376.3071(6)(b). In compliance with s. 216.313 287.0641 and other
387 applicable provisions of law, the obligations of the department
388 under such service contracts do not constitute a general
389 obligation of the state or a pledge of the faith and credit or
390 taxing power of the state nor may such obligations be construed
391 in any manner as an obligation of the State Board of
392 Administration or entities for which it invests funds, other
393 than the department as provided in this section, but are payable
394 solely from amounts available in the Inland Protection Trust
395 Fund, subject to annual appropriation. In compliance with this
396 subsection and s. 287.0582 , The service contract must expressly
397 include the statements required under s. 216.313. following
398 statement: “The State of Florida’s performance and obligation to
399 pay under this contract is contingent upon an annual
400 appropriation by the Legislature.”
401 (9) The corporation is not a special district for the
402 purposes of chapter 189 or a unit of local government for the
403 purposes of part III of chapter 218. The provisions of chapters
404 120 and 215, except the limitation on interest rates provided by
405 s. 215.84 which applies to obligations of the corporation issued
406 pursuant to this section, and part I of chapter 287, except s.
407 ss. 287.0582 and 287.0641, does do not apply to this section,
408 the corporation, the service contracts entered into pursuant to
409 this section, or debt obligations issued by the corporation as
410 contemplated in this section.
411 Section 11. Subsections (5) and (10) of section 403.1837,
412 Florida Statutes, are amended to read:
413 403.1837 Florida Water Pollution Control Financing
415 (5) The corporation may enter into one or more service
416 contracts with the department under which the corporation shall
417 provide services to the department in connection with financing
418 the functions, projects, and activities provided for in s.
419 403.1835. The department may enter into one or more service
420 contracts with the corporation and provide payment for payments
421 under those contracts pursuant to s. 403.1835(9), subject to
422 annual appropriation by the Legislature. The service contracts
423 may provide for the transfer of all or a portion of the funds in
424 the Wastewater Treatment and Stormwater Management Revolving
425 Loan Trust Fund to the corporation for use by the corporation
426 for costs incurred by the corporation in its operations,
427 including, but not limited to, payment of debt service,
428 reserves, or other costs in relation to bonds issued by the
429 corporation, for use by the corporation at the request of the
430 department to directly provide the types of local financial
431 assistance provided for in s. 403.1835(3), or for payment of the
432 administrative costs of the corporation. The department may not
433 transfer funds under any service contract with the corporation
434 without specific appropriation for such purpose in the General
435 Appropriations Act, except for administrative expenses incurred
436 by the State Board of Administration or other expenses necessary
437 under documents authorizing or securing previously issued bonds
438 of the corporation. The service contracts may also provide for
439 the assignment or transfer to the corporation of any loans made
440 by the department. The service contracts may establish the
441 operating relationship between the department and the
442 corporation and must shall require the department to request the
443 corporation to issue bonds before any issuance of bonds by the
444 corporation, to take any actions necessary to enforce the
445 agreements entered into between the corporation and other
446 parties, and to take all other actions necessary to assist the
447 corporation in its operations. In compliance with s. 287.0641
448 and other applicable provisions of law, the obligations of the
449 department under the service contracts do not constitute a
450 general obligation of the state or a pledge of the faith and
451 credit or taxing power of the state, nor may the obligations be
452 construed in any manner as an obligation of the State Board of
453 Administration or entities for which it invests funds, or of the
454 department except as provided in this section as payable solely
455 from amounts available under any service contract between the
456 corporation and the department, subject to appropriation. The In
457 compliance with this subsection and s. 287.0582 , service
458 contracts must expressly include the statements required under
459 s. 216.313. following statement: “The State of Florida’s
460 performance and obligation to pay under this contract is
461 contingent upon an annual appropriation by the Legislature.”
462 (10) The corporation is not a special district for purposes
463 of chapter 189 or a unit of local government for purposes of
464 part III of chapter 218. The provisions of chapters 120 and 215,
465 except the limitation on interest rates provided by s. 215.84,
466 which applies to obligations of the corporation issued under
467 this section, and part I of chapter 287, except s. ss. 287.0582
468 and 287.0641, does do not apply to this section, the corporation
469 created in this section, the service contracts entered into
470 under this section, or debt obligations issued by the
471 corporation as provided in this section.
472 Section 12. Sections 4 through 11 of this act apply to
473 initial contracts and agreements, amendments to a contract or
474 agreement, and extensions or renewals of a contract or agreement
475 which are executed on or after July 1, 2010.
476 Section 13. Section 775.0876, Florida Statutes, is created
477 to read:
478 775.0876 Offenses committed under color of law;
479 reclassification.—The penalty for any felony offense shall be
480 reclassified if the commission of such offense was furthered or
481 facilitated by a person acting or purporting to act in the
482 performance of official duties under any law, ordinance, or
484 (1) The reclassification of the felony is as follows:
485 (a) A felony of the third degree is reclassified as a
486 felony of the second degree.
487 (b) A felony of the second degree is reclassified as a
488 felony of the first degree.
489 (c) A felony of the first degree is reclassified as a life
491 (2) For purposes of sentencing under chapter 921, a felony
492 offense that is reclassified under this section shall be ranked
493 one level above its ranking under s. 921.0022 or s. 921.0023.
494 (3) If the underlying offense includes acting or purporting
495 to act in the performance of official duties under any law,
496 ordinance, or regulation as an essential element, the
497 reclassification does not apply.
498 Section 14. Section 838.022, Florida Statutes, is amended
499 to read:
500 838.022 Official misconduct.—
501 (1) It is unlawful for a public servant, with corrupt
502 intent to obtain a benefit for any person or to cause harm to
503 another, to:
504 (a) Falsify, or cause another person to falsify, any
505 official record or official document;
506 (b) Conceal, cover up, destroy, mutilate, or alter any
507 official record or official document or cause another person to
508 perform such an act; or
509 (c) Obstruct, delay, or prevent the communication of
510 information relating to the commission of a felony that directly
511 involves or affects the public agency or public entity served by
512 the public servant.
513 (2) It is unlawful for a public servant, with corrupt
514 intent, to participate in a matter falling within the public
515 servant’s duties, and in furtherance of such corrupt intent,
516 willfully fail to make a financial disclosure required by state
518 (3) (2) For the purposes of this section:
519 (a) The term “public servant” does not include a candidate
520 who does not otherwise qualify as a public servant.
521 (b) An official record or official document includes only
522 public records.
523 (c) The term “participate” means voting, deciding,
524 advocating, opposing, or attempting to influence the decision or
525 result by oral or written communication, whether made by the
526 public servant or at the public servant’s direction.
527 (d) The term “financial disclosure” means any disclosure
528 relating to financial interests, foreseeable financial benefits,
529 or special private gain or loss to the public servant or the
530 public servant’s relatives. For purposes of this section,
531 “relative” has the same meaning as defined in s. 112.3143(1).
532 (4)(a) (3) Any person who violates subsection (1) this
533 section commits a felony of the third degree, punishable as
534 provided in s. 775.082, s. 775.083, or s. 775.084.
535 (b) Any person who violates subsection (2) when the amount
536 of the undisclosed financial interest or benefit or private gain
537 or loss is valued at less than $1,000 commits a misdemeanor of
538 the first degree, punishable as provided in s. 775.082, s.
539 775.083, or s. 775.084.
540 (c) Any person who violates subsection (2) when the amount
541 of the undisclosed financial interest or benefit or private gain
542 or loss is valued from $1,000 to $10,000 commits a felony of the
543 third degree, punishable as provided in s. 775.082, s. 775.083,
544 or s. 775.084.
545 (d) Any person who violates subsection (2) when the amount
546 of the undisclosed financial interest or benefit or private gain
547 or loss is valued at more than $10,000 commits a felony of the
548 second degree, punishable as provided in s. 775.082, s. 775.083,
549 or s. 775.084.
550 Section 15. Paragraphs (d) and (e) of subsection (3) of
551 section 921.0022, Florida Statutes, are amended to read:
552 921.0022 Criminal Punishment Code; offense severity ranking
554 (3) OFFENSE SEVERITY RANKING CHART
555 (d) LEVEL 4
556 FloridaStatute FelonyDegree Description
557 316.1935(3)(a) 2nd 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.
558 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
559 499.0051(2) 3rd Failure to authenticate pedigree papers.
560 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
561 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
562 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
563 784.075 3rd Battery on detention or commitment facility staff.
564 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
565 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
566 784.081(3) 3rd Battery on specified official or employee.
567 784.082(3) 3rd Battery by detained person on visitor or other detainee.
568 784.083(3) 3rd Battery on code inspector.
569 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
570 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
571 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
572 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
573 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
574 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
575 790.115(2)(c) 3rd Possessing firearm on school property.
576 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
577 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
578 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
579 810.06 3rd Burglary; possession of tools.
580 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
581 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
582 812.014(2)(c)4.-10.3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
583 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
584 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
585 817.568(2)(a) 3rd Fraudulent use of personal identification information.
586 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
587 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
588 837.02(1) 3rd Perjury in official proceedings.
589 837.021(1) 3rd Make contradictory statements in official proceedings.
590 838.022 3rd Official misconduct.
591 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
592 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
593 843.021 3rd Possession of a concealed handcuff key by a person in custody.
594 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
595 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
596 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
597 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
598 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
599 914.14(2) 3rd Witnesses accepting bribes.
600 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
601 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
602 918.12 3rd Tampering with jurors.
603 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
605 (e) LEVEL 5
606 FloridaStatute FelonyDegree Description
607 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
608 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
609 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
610 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
611 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
612 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
613 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
614 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
615 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
616 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
617 790.01(2) 3rd Carrying a concealed firearm.
618 790.162 2nd Threat to throw or discharge destructive device.
619 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
620 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
621 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
622 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
623 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
624 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
625 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
626 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
627 812.019(1) 2nd Stolen property; dealing in or trafficking in.
628 812.131(2)(b) 3rd Robbery by sudden snatching.
629 812.16(2) 3rd Owning, operating, or conducting a chop shop.
630 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
631 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
632 817.2341(1), (2)(a) & (3)(a)3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
633 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
634 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
635 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
636 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
637 827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
638 838.022(1), (4)(a) & (c)3rd Official misconduct.
639 838.022(4)(d) 2nd Official misconduct.
640 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
641 843.01 3rd Resist officer with violence to person; resist arrest with violence.
642 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
643 847.0137(2) & (3)3rd Transmission of pornography by electronic device or equipment.
644 847.0138(2) & (3)3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
645 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
646 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
647 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
648 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
649 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
650 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
651 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
652 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
653 Section 16. This act shall take effect July 1, 2010.