Bill Text: FL S1076 | 2010 | Regular Session | Comm Sub
Bill Title: Public Servants [GPSC]
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S1076 Detail]
Download: Florida-2010-S1076-Comm_Sub.html
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 sectioncommits 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.
