| 1 | A bill to be entitled |
| 2 | An act relating to public procurement; amending s. 838.22, |
| 3 | F.S.; providing that a public servant who fails to |
| 4 | advertise, publicly announce, or electronically post a |
| 5 | solicitation for commodities or contractual services |
| 6 | commits a felony of the second degree under certain |
| 7 | circumstances; imposing criminal penalties; reenacting s. |
| 8 | 921.0022(3)(g), F.S., relating to the offense severity |
| 9 | ranking chart of the Criminal Punishment Code, to |
| 10 | incorporate the amendment made to s. 838.22, F.S., in a |
| 11 | reference thereto; providing an effective date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Section 838.22, Florida Statutes, is amended to |
| 16 | read: |
| 17 | 838.22 Bid tampering.- |
| 18 | (1) It is unlawful for a public servant, with corrupt |
| 19 | intent to influence or attempt to influence the competitive |
| 20 | bidding process undertaken by any state, county, municipal, or |
| 21 | special district agency, or any other public entity, for the |
| 22 | procurement of commodities or services, to: |
| 23 | (a) Disclose material information concerning a bid or |
| 24 | other aspects of the competitive bidding process when such |
| 25 | information is not publicly disclosed. |
| 26 | (b) Alter or amend a submitted bid, documents or other |
| 27 | materials supporting a submitted bid, or bid results for the |
| 28 | purpose of intentionally providing a competitive advantage to |
| 29 | any person who submits a bid. |
| 30 | (c) Fail to advertise, publicly announce, or |
| 31 | electronically post a solicitation for the procurement of |
| 32 | commodities or contractual services which must be advertised, |
| 33 | publicly announced, or electronically posted by statute or rule. |
| 34 | (2) It is unlawful for a public servant, with corrupt |
| 35 | intent to obtain a benefit for any person or to cause unlawful |
| 36 | harm to another, to circumvent a competitive bidding process |
| 37 | required by law or rule by using a sole-source contract for |
| 38 | commodities or services. |
| 39 | (3) It is unlawful for any person to knowingly agree, |
| 40 | conspire, combine, or confederate, directly or indirectly, with |
| 41 | a public servant to violate subsection (1) or subsection (2). |
| 42 | (4) It is unlawful for any person to knowingly enter into |
| 43 | a contract for commodities or services which was secured by a |
| 44 | public servant acting in violation of subsection (1) or |
| 45 | subsection (2). |
| 46 | (5) Any person who violates this section commits a felony |
| 47 | of the second degree, punishable as provided in s. 775.082, s. |
| 48 | 775.083, or s. 775.084. |
| 49 | Section 2. For the purpose of incorporating the amendment |
| 50 | made by this act to section 838.22, Florida Statutes, in a |
| 51 | reference thereto, paragraph (g) of subsection (3) of section |
| 52 | 921.0022, Florida Statutes, is reenacted to read: |
| 53 | 921.0022 Criminal Punishment Code; offense severity |
| 54 | ranking chart.- |
| 55 | (3) OFFENSE SEVERITY RANKING CHART |
| 56 | (g) LEVEL 7 |
| | | FloridaStatute | FelonyDegree | Description |
|
| 57 |
|
| | | 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
|
| 58 |
|
| | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 59 |
|
| | | 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
| 60 |
|
| | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 61 |
|
| | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 62 |
|
| | | 409.920(2)(b)1.a. | 3rd | Medicaid provider fraud; $10,000 or less. |
|
| 63 |
|
| | | 409.920(2)(b)1.b. | 2nd | Medicaid provider fraud; more than $10,000, but less than $50,000. |
|
| 64 |
|
| | | 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 65 |
|
| | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 66 |
|
| | | 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 67 |
|
| | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 68 |
|
| | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 69 |
|
| | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 70 |
|
| | | 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 71 |
|
| | | 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 72 |
|
| | | 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 73 |
|
| | | 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 74 |
|
| | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 75 |
|
| | | 467.201 | 3rd | Practicing midwifery without a license. |
|
| 76 |
|
| | | 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 77 |
|
| | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 78 |
|
| | | 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 79 |
|
| | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 80 |
|
| | | 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 81 |
|
| | | 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
| 82 |
|
| | | 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business. |
|
| 83 |
|
| | | 560.125(5)(a) | 3rd | Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 84 |
|
| | | 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 85 |
|
| | | 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
|
| 86 |
|
| | | 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
| 87 |
|
| | | 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
| 88 |
|
| | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 89 |
|
| | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 90 |
|
| | | 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 91 |
|
| | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 92 |
|
| | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 93 |
|
| | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 94 |
|
| | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 95 |
|
| | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 96 |
|
| | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 97 |
|
| | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 98 |
|
| | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 99 |
|
| | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 100 |
|
| | | 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 101 |
|
| | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 102 |
|
| | | 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 103 |
|
| | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 104 |
|
| | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 105 |
|
| | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 106 |
|
| | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 107 |
|
| | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 108 |
|
| | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 109 |
|
| | | 790.23 | 1st,PBL | Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. |
|
| 110 |
|
| | | 794.08(4) | 3rd | Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. |
|
| 111 |
|
| | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 112 |
|
| | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 113 |
|
| | | 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
| 114 |
|
| | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 115 |
|
| | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 116 |
|
| | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 117 |
|
| | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 118 |
|
| | | 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
|
| 119 |
|
| | | 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. |
|
| 120 |
|
| | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 121 |
|
| | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 122 |
|
| | | 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
|
| 123 |
|
| | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 124 |
|
| | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 125 |
|
| | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 126 |
|
| | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 127 |
|
| | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 128 |
|
| | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 129 |
|
| | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 130 |
|
| | | 817.2341(2)(b) & (3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
|
| 131 |
|
| | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 132 |
|
| | | 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
| 133 |
|
| | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 134 |
|
| | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 135 |
|
| | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 136 |
|
| | |
| 137 |
|
| | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 138 |
|
| | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 139 |
|
| | |
| 140 |
|
| | | 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
| 141 |
|
| | | 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
|
| 142 |
|
| | | 872.06 | 2nd | Abuse of a dead human body. |
|
| 143 |
|
| | | 874.10 | 1st,PBL | Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. |
|
| 144 |
|
| | | 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
| 145 |
|
| | | 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
|
| 146 |
|
| | | 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 147 |
|
| | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 148 |
|
| | | 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 149 |
|
| | | 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 150 |
|
| | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 151 |
|
| | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 152 |
|
| | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 153 |
|
| | | 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 154 |
|
| | | 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 155 |
|
| | | 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 156 |
|
| | | 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 157 |
|
| | | 893.1351(2) | 2nd | Possession of place for trafficking in or manufacturing of controlled substance. |
|
| 158 |
|
| | | 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 159 |
|
| | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 160 |
|
| | | 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
| 161 |
|
| | | 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
| 162 |
|
| | | 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 163 |
|
| | | 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 164 |
|
| | | 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 165 |
|
| | | 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 166 |
|
| | | 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 167 |
|
| | | 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 168 |
|
| | | 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 169 |
|
| | | 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 170 |
|
| | | 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 171 |
|
| | | 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 172 |
|
| 173 | Section 3. This act shall take effect July 1, 2010. |
