Florida Senate - 2010                              CS for SB 902
       
       
       
       By the Committee on Ethics and Elections; and Senators
       Alexander, Villalobos, and Gelber
       
       
       
       582-05548-10                                           2010902c1
    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.
   78  
   79  Be It Enacted by the Legislature of the State of Florida:
   80  
   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
  117  read:
  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
  136  vendor.
  137         (c) The term of the contract and the years remaining on the
  138  contract.
  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
  154  read:
  155         216.311 Unauthorized contracts in excess of appropriations;
  156  penalty.—
  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
  161  agreement.
  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
  199  program.
  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.
  214  216.312.
  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
  240  read:
  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.
  261  216.177(2)(b).
  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         216.313 287.0582Contract 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
  295  contract:
  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.”
  312  
  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
  326  agreement.
  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
  339  review.—
  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
  356  purchases.—
  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
  414  Corporation.—
  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         775.0876Offenses 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
  483  regulation.
  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
  490  felony.
  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
  517  law.
  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
  553  chart.—
  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.
  604  
  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.


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