November 22, 2019
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       Florida Senate - 2010                             CS for SB 1076
       
       
       
       By the Committee on Ethics and Elections; and Senators Gelber,
       Rich, Smith, Ring, Hill, Storms, Wilson, Villalobos, and Bullard
       
       
       
       582-04697-10                                          20101076c1
    1                        A bill to be entitled                      
    2         An act relating to public servants; providing a short
    3         title; amending s. 838.022, F.S.; providing that it is
    4         a third-degree felony for a public servant, with
    5         corrupt intent, to fail to disclose certain direct or
    6         indirect financial interests or benefits; providing
    7         that it is a third-degree felony for a public servant,
    8         with corrupt intent, to fail to disclose a fact or
    9         information concerning an official act which is
   10         required to be disclosed by law; providing that such
   11         action is a second-degree felony if the financial
   12         interest is greater than or equal to a specified
   13         amount; defining the terms “financial disclosure” and
   14         “participate”; amending s. 921.0022, F.S., relating to
   15         the offense severity ranking chart of the Criminal
   16         Punishment Code; conforming provisions to changes made
   17         by the act; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. This act may be cited as the “Restoring Faith in
   22  Public Office Act.”
   23         Section 2. Section 838.022, Florida Statutes, is amended to
   24  read:
   25         838.022 Official misconduct.—
   26         (1) It is unlawful for a public servant, with corrupt
   27  intent to obtain a benefit for any person or to cause harm to
   28  another, to:
   29         (a) Falsify, or cause another person to falsify, any
   30  official record or official document;
   31         (b) Conceal, cover up, destroy, mutilate, or alter any
   32  official record or official document or cause another person to
   33  perform such an act; or
   34         (c) Obstruct, delay, or prevent the communication of
   35  information relating to the commission of a felony that directly
   36  involves or affects the public agency or public entity served by
   37  the public servant.
   38         (2) It is unlawful for a public servant, with corrupt
   39  intent, to participate or abstain in a matter falling within the
   40  public servant’s duties, and in furtherance of such corrupt
   41  intent, willfully fail to make a financial disclosure otherwise
   42  required by state law or county or local ordinance concerning
   43  the matter.
   44         (3)(2) For the purposes of this section:
   45         (a) The term “public servant” does not include a candidate
   46  who does not otherwise qualify as a public servant.
   47         (b) An official record or official document includes only
   48  public records.
   49         (c) The term “participate” means voting, deciding,
   50  advocating, opposing, or attempting to influence the decision or
   51  result by oral or written communication, whether made by the
   52  public servant or at the public servant’s direction.
   53         (d) The term “financial disclosure” means any disclosure
   54  relating to financial interests, foreseeable financial benefits,
   55  or special private gain or loss to the public servant or the
   56  public servant’s relatives. For purposes of this section,
   57  “relative” has the same meaning as defined in s. 112.3143(1).
   58         (4)(a)(3) Any person who violates subsection (1) or
   59  subsection (2) this section commits a felony of the third
   60  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   61  775.084.
   62         (b) Any person who violates subsection (2) when the amount
   63  of the undisclosed financial interest or benefit or private gain
   64  or loss is valued at $10,000 or more commits a felony of the
   65  second degree, punishable as provided in s. 775.082, s. 775.083,
   66  or s. 775.084.
   67         Section 3. Paragraphs (g) and (h) of subsection (3) of
   68  section 921.0022, Florida Statutes, are amended to read:
   69         921.0022 Criminal Punishment Code; offense severity ranking
   70  chart.—
   71         (3) OFFENSE SEVERITY RANKING CHART
   72         (g) LEVEL 7
   73  FloridaStatute     FelonyDegree               Description               
   74  316.027(1)(b)      1st      Accident involving death, failure to stop; leaving scene.
   75  316.193(3)(c)2.    3rd      DUI resulting in serious bodily injury.  
   76  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.
   77  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious bodily injury.
   78  402.319(2)         2nd      Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
   79  409.920(2)(b)1.a.  3rd      Medicaid provider fraud; $10,000 or less.
   80  409.920(2)(b)1.b.  2nd      Medicaid provider fraud; more than $10,000, but less than $50,000.
   81  456.065(2)         3rd      Practicing a health care profession without a license.
   82  456.065(2)         2nd      Practicing a health care profession without a license which results in serious bodily injury.
   83  458.327(1)         3rd      Practicing medicine without a license.   
   84  459.013(1)         3rd      Practicing osteopathic medicine without a license.
   85  460.411(1)         3rd      Practicing chiropractic medicine without a license.
   86  461.012(1)         3rd      Practicing podiatric medicine without a license.
   87  462.17             3rd      Practicing naturopathy without a license.
   88  463.015(1)         3rd      Practicing optometry without a license.  
   89  464.016(1)         3rd      Practicing nursing without a license.    
   90  465.015(2)         3rd      Practicing pharmacy without a license.   
   91  466.026(1)         3rd      Practicing dentistry or dental hygiene without a license.
   92  467.201            3rd      Practicing midwifery without a license.  
   93  468.366            3rd      Delivering respiratory care services without a license.
   94  483.828(1)         3rd      Practicing as clinical laboratory personnel without a license.
   95  483.901(9)         3rd      Practicing medical physics without a license.
   96  484.013(1)(c)      3rd      Preparing or dispensing optical devices without a prescription.
   97  484.053            3rd      Dispensing hearing aids without a license.
   98  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.
   99  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.
  100  560.125(5)(a)      3rd      Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  101  655.50(10)(b)1.    3rd      Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  102  775.21(10)(a)      3rd      Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  103  775.21(10)(b)      3rd      Sexual predator working where children regularly congregate.
  104  775.21(10)(g)      3rd      Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  105  782.051(3)         2nd      Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  106  782.07(1)          2nd      Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  107  782.071            2nd      Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  108  782.072            2nd      Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  109  784.045(1)(a)1.    2nd      Aggravated battery; intentionally causing great bodily harm or disfigurement.
  110  784.045(1)(a)2.    2nd      Aggravated battery; using deadly weapon. 
  111  784.045(1)(b)      2nd      Aggravated battery; perpetrator aware victim pregnant.
  112  784.048(4)         3rd      Aggravated stalking; violation of injunction or court order.
  113  784.048(7)         3rd      Aggravated stalking; violation of court order.
  114  784.07(2)(d)       1st      Aggravated battery on law enforcement officer.
  115  784.074(1)(a)      1st      Aggravated battery on sexually violent predators facility staff.
  116  784.08(2)(a)       1st      Aggravated battery on a person 65 years of age or older.
  117  784.081(1)         1st      Aggravated battery on specified official or employee.
  118  784.082(1)         1st      Aggravated battery by detained person on visitor or other detainee.
  119  784.083(1)         1st      Aggravated battery on code inspector.    
  120  790.07(4)          1st      Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  121  790.16(1)          1st      Discharge of a machine gun under specified circumstances.
  122  790.165(2)         2nd      Manufacture, sell, possess, or deliver hoax bomb.
  123  790.165(3)         2nd      Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  124  790.166(3)         2nd      Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  125  790.166(4)         2nd      Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  126  790.23             1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  127  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.
  128  796.03             2nd      Procuring any person under 16 years for prostitution.
  129  800.04(5)(c)1.     2nd      Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  130  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.
  131  806.01(2)          2nd      Maliciously damage structure by fire or explosive.
  132  810.02(3)(a)       2nd      Burglary of occupied dwelling; unarmed; no assault or battery.
  133  810.02(3)(b)       2nd      Burglary of unoccupied dwelling; unarmed; no assault or battery.
  134  810.02(3)(d)       2nd      Burglary of occupied conveyance; unarmed; no assault or battery.
  135  810.02(3)(e)       2nd      Burglary of authorized emergency vehicle.
  136  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.
  137  812.014(2)(b)2.    2nd      Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  138  812.014(2)(b)3.    2nd      Property stolen, emergency medical equipment; 2nd degree grand theft.
  139  812.014(2)(b)4.    2nd      Property stolen, law enforcement equipment from authorized emergency vehicle.
  140  812.0145(2)(a)     1st      Theft from person 65 years of age or older; $50,000 or more.
  141  812.019(2)         1st      Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  142  812.131(2)(a)      2nd      Robbery by sudden snatching.             
  143  812.133(2)(b)      1st      Carjacking; no firearm, deadly weapon, or other weapon.
  144  817.234(8)(a)      2nd      Solicitation of motor vehicle accident victims with intent to defraud.
  145  817.234(9)         2nd      Organizing, planning, or participating in an intentional motor vehicle collision.
  146  817.234(11)(c)     1st      Insurance fraud; property value $100,000 or more.
  147  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.
  148  825.102(3)(b)      2nd      Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  149  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.
  150  827.03(3)(b)       2nd      Neglect of a child causing great bodily harm, disability, or disfigurement.
  151  827.04(3)          3rd      Impregnation of a child under 16 years of age by person 21 years of age or older.
  152  837.05(2)          3rd      Giving false information about alleged capital felony to a law enforcement officer.
  153  838.015            2nd      Bribery.                                 
  154  838.016            2nd      Unlawful compensation or reward for official behavior.
  155  838.021(3)(a)      2nd      Unlawful harm to a public servant.       
  156  838.022(4)(a)      3rd      Failure of public servant to make financial disclosure.
  157  838.22             2nd      Bid tampering.                           
  158  847.0135(3)        3rd      Solicitation of a child, via a computer service, to commit an unlawful sex act.
  159  847.0135(4)        2nd      Traveling to meet a minor to commit an unlawful sex act.
  160  872.06             2nd      Abuse of a dead human body.              
  161  874.10             1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  162  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.
  163  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.
  164  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).
  165  893.135(1)(a)1.    1st      Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  166  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than 28 grams, less than 200 grams.
  167  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  168  893.135(1)(d)1.    1st      Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  169  893.135(1)(e)1.    1st      Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  170  893.135(1)(f)1.    1st      Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  171  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  172  893.135(1)(h)1.a.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  173  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  174  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  175  893.1351(2)        2nd      Possession of place for trafficking in or manufacturing of controlled substance.
  176  896.101(5)(a)      3rd      Money laundering, financial transactions exceeding $300 but less than $20,000.
  177  896.104(4)(a)1.    3rd      Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  178  943.0435(4)(c)     2nd      Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  179  943.0435(8)        2nd      Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  180  943.0435(9)(a)     3rd      Sexual offender; failure to comply with reporting requirements.
  181  943.0435(13)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  182  943.0435(14)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  183  944.607(9)         3rd      Sexual offender; failure to comply with reporting requirements.
  184  944.607(10)(a)     3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  185  944.607(12)        3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  186  944.607(13)        3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  187  985.4815(10)       3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  188  985.4815(12)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  189  985.4815(13)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  190  
  191         (h) LEVEL 8
  192  FloridaStatute     FelonyDegree               Description               
  193  316.193(3)(c)3.a.  2nd      DUI manslaughter.                        
  194  316.1935(4)(b)     1st      Aggravated fleeing or attempted eluding with serious bodily injury or death.
  195  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.                 
  196  499.0051(7)        1st      Knowing trafficking in contraband prescription drugs.
  197  499.0051(8)        1st      Knowing forgery of prescription labels or prescription drug labels.
  198  560.123(8)(b)2.    2nd      Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  199  560.125(5)(b)      2nd      Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  200  655.50(10)(b)2.    2nd      Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  201  777.03(2)(a)       1st      Accessory after the fact, capital felony.
  202  782.04(4)          2nd      Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
  203  782.051(2)         1st      Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  204  782.071(1)(b)      1st      Committing vehicular homicide and failing to render aid or give information.
  205  782.072(2)         1st      Committing vessel homicide and failing to render aid or give information.
  206  790.161(3)         1st      Discharging a destructive device which results in bodily harm or property damage.
  207  794.011(5)         2nd      Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  208  794.08(3)          2nd      Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  209  800.04(4)          2nd      Lewd or lascivious battery.              
  210  806.01(1)          1st      Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  211  810.02(2)(a)       1st,PBL  Burglary with assault or battery.        
  212  810.02(2)(b)       1st,PBL  Burglary; armed with explosives or dangerous weapon.
  213  810.02(2)(c)       1st      Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  214  812.014(2)(a)2.    1st      Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  215  812.13(2)(b)       1st      Robbery with a weapon.                   
  216  812.135(2)(c)      1st      Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  217  817.568(6)         2nd      Fraudulent use of personal identification information of an individual under the age of 18.
  218  825.102(2)         1st      Aggravated abuse of an elderly person or disabled adult.
  219  825.1025(2)        2nd      Lewd or lascivious battery upon an elderly person or disabled adult.
  220  825.103(2)(a)      1st      Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  221  837.02(2)          2nd      Perjury in official proceedings relating to prosecution of a capital felony.
  222  837.021(2)         2nd      Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  223  838.022(4)(b)      2nd      Failure to make financial disclosure; $10,000 or more.
  224  860.121(2)(c)      1st      Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  225  860.16             1st      Aircraft piracy.                         
  226  893.13(1)(b)       1st      Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  227  893.13(2)(b)       1st      Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  228  893.13(6)(c)       1st      Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  229  893.135(1)(a)2.    1st      Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  230  893.135(1)(b)1.b.  1st      Trafficking in cocaine, more than 200 grams, less than 400 grams.
  231  893.135(1)(c)1.b.  1st      Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  232  893.135(1)(d)1.b.  1st      Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  233  893.135(1)(e)1.b.  1st      Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  234  893.135(1)(f)1.b.  1st      Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  235  893.135(1)(g)1.b.  1st      Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  236  893.135(1)(h)1.b.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  237  893.135(1)(j)1.b.  1st      Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  238  893.135(1)(k)2.b.  1st      Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  239  893.1351(3)        1st      Possession of a place used to manufacture controlled substance when minor is present or resides there.
  240  895.03(1)          1st      Use or invest proceeds derived from pattern of racketeering activity.
  241  895.03(2)          1st      Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  242  895.03(3)          1st      Conduct or participate in any enterprise through pattern of racketeering activity.
  243  896.101(5)(b)      2nd      Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  244  896.104(4)(a)2.    2nd      Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  245  
  246         Section 4. This act shall take effect July 1, 2010.

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