Bill Text: FL S0582 | 2016 | Regular Session | Comm Sub
Bill Title: Public Corruption
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2016-03-08 - Laid on Table, companion bill(s) passed, see HB 7071 (Ch. 2016-151) [S0582 Detail]
Download: Florida-2016-S0582-Comm_Sub.html
Florida Senate - 2016 CS for SB 582 By the Committee on Governmental Oversight and Accountability; and Senator Gaetz 585-02305-16 2016582c1 1 A bill to be entitled 2 An act relating to public corruption; amending s. 3 838.014, F.S.; revising and providing definitions; 4 amending s. 838.015, F.S.; revising the definition of 5 the term “bribery”; revising requirements for 6 prosecution; amending s. 838.016, F.S.; revising the 7 prohibition against unlawful compensation or reward 8 for official behavior to conform to changes made by 9 the act; amending s. 838.022, F.S.; revising the 10 prohibition against official misconduct to conform to 11 changes made by the act; revising applicability of the 12 offense to include public contractors; amending s. 13 838.22, F.S.; revising the prohibition against bid 14 tampering to conform to changes made by the act; 15 revising applicability of the offense to include 16 specified public contractors; reenacting s. 17 112.534(2)(a), F.S., relating to official misconduct, 18 and s. 117.01(4)(d), F.S., relating to appointment, 19 application, suspension, revocation, application fee, 20 bond, and oath of notaries public, to incorporate the 21 amendment made by the act to s. 838.022, F.S., in 22 references thereto; reenacting s. 817.568(11), F.S., 23 relating to criminal use of personal identification 24 information, to incorporate the amendment made by the 25 act to s. 838.014, F.S., in a reference thereto; 26 reenacting s. 921.0022(3)(d) and (g), F.S., relating 27 to the Criminal Punishment Code offense severity 28 ranking chart, to incorporate the amendments made by 29 the act to ss. 838.015, 838.016, 838.022, and 838.22, 30 F.S., in references thereto; providing an effective 31 date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Subsection (7) of section 838.014, Florida 36 Statutes, is renumbered as subsection (8), present subsections 37 (4) and (6) are amended, and a new subsection (6) is added to 38 that section, to read: 39 838.014 Definitions.—As used in this chapter, the term: 40 (4) “Governmental entity” means an agency or entity of the 41 state, a county, municipality, or special district or any other 42 public entity created or authorized by law“Corruptly” or “with43corrupt intent” means acting knowingly and dishonestly for a44wrongful purpose. 45 (6) “Public contractor” means, for purposes of ss. 838.022 46 and 838.22 only: 47 (a) Any person, as defined in s. 1.01(3), who has entered 48 into a contract with a governmental entity; or 49 (b) Any officer or employee of a person, as defined in s. 50 1.01(3), who has entered into a contract with a governmental 51 entity. 52 (7)(6)“Public servant” means: 53 (a) Any officer or employee of a governmentalstate,54county, municipal, or special district agency orentity,;55 including 56(b)any executive, legislative, or judicial branch officer 57 or employee; 58 (b)(c)Any person, except a witness, who acts as a general 59 or special magistrate, receiver, auditor, arbitrator, umpire, 60 referee, consultant, or hearing officer while performing a 61 governmental function; or 62 (c)(d)A candidate for election or appointment to any of 63 the officer positions listed in this subsection, or an 64 individual who has been elected to, but has yet to officially 65 assume the responsibilities of, public office. 66 Section 2. Subsection (1) of section 838.015, Florida 67 Statutes, is amended to read: 68 838.015 Bribery.— 69 (1) “Bribery” meanscorruptlyto knowingly and 70 intentionally give, offer, or promise to any public servant, or, 71 if a public servant,corruptlyto knowingly and intentionally 72 request, solicit, accept, or agree to accept for himself or 73 herself or another, any pecuniary or other benefit not 74 authorized by law with an intent or purpose to influence the 75 performance of any act or omission which the person believes to 76 be, or the public servant represents as being, within the 77 official discretion of a public servant, in violation of a 78 public duty, or in performance of a public duty. 79 Section 3. Subsections (1) and (2) of section 838.016, 80 Florida Statutes, are amended to read: 81 838.016 Unlawful compensation or reward for official 82 behavior.— 83 (1) It is unlawful for any personcorruptlyto knowingly 84 and intentionally give, offer, or promise to any public servant, 85 or, if a public servant,corruptlyto knowingly and 86 intentionally request, solicit, accept, or agree to accept, any 87 pecuniary or other benefit not authorized by law, for the past, 88 present, or future performance, nonperformance, or violation of 89 any act or omission which the person believes to have been, or 90 the public servant represents as having been, either within the 91 official discretion of the public servant, in violation of a 92 public duty, or in performance of a public duty. This section 93 does notNothing herein shall be construed topreclude a public 94 servant from accepting rewards for services performed in 95 apprehending any criminal. 96 (2) It is unlawful for any personcorruptlyto knowingly 97 and intentionally give, offer, or promise to any public servant, 98 or, if a public servant,corruptlyto knowingly and 99 intentionally request, solicit, accept, or agree to accept, any 100 pecuniary or other benefit not authorized by law for the past, 101 present, or future exertion of any influence upon or with any 102 other public servant regarding any act or omission which the 103 person believes to have been, or which is represented to him or 104 her as having been, either within the official discretion of the 105 other public servant, in violation of a public duty, or in 106 performance of a public duty. 107 Section 4. Subsection (1) of section 838.022, Florida 108 Statutes, is amended, and subsection (2) of that section is 109 republished, to read: 110 838.022 Official misconduct.— 111 (1) It is unlawful for a public servant or public 112 contractor,with corrupt intentto knowingly and intentionally 113 obtain a benefit for any person or to cause unlawful harm to 114 another, byto: 115 (a) FalsifyingFalsify, or causingcauseanother person to 116 falsify, any official record or official document; 117 (b) Concealing, covering up, destroying, mutilating, or 118 alteringConceal, cover up, destroy, mutilate, or alterany 119 official record or official document, except as authorized by 120 law or contract, or causingcauseanother person to perform such 121 an act; or 122 (c) Obstructing, delaying, or preventingObstruct, delay,123or preventthe communication of information relating to the 124 commission of a felony that directly involves or affects the 125 governmentpublic agency or publicentity served by the public 126 servant or public contractor. 127 (2) For the purposes of this section: 128 (a) The term “public servant” does not include a candidate 129 who does not otherwise qualify as a public servant. 130 (b) An official record or official document includes only 131 public records. 132 Section 5. Section 838.22, Florida Statutes, is amended to 133 read: 134 838.22 Bid tampering.— 135 (1) It is unlawful for a public servant or a public 136 contractor who has contracted with a governmental entity to 137 assist in a competitive procurement, with corrupt intentto 138 knowingly and intentionally influence or attempt to influence 139 the competitive solicitationbidding processundertaken by any 140 governmentalstate, county, municipal, or special district141agency, or any other publicentity,for the procurement of 142 commodities or services, byto: 143 (a) Disclosing, except as authorized by law,Disclose144 material information concerning a vendor’s response, any 145 evaluation results,bidor other aspects of the competitive 146 solicitationbidding processwhen such information is not 147 publicly disclosed. 148 (b) Altering or amendingAlter or amenda submitted 149 responsebid, documents or other materials supporting a 150 submitted responsebid, or any evaluationbidresults relating 151 to the competitive solicitation for the purpose of intentionally 152 providing a competitive advantage to any person who submits a 153 responsebid. 154 (2) It is unlawful for a public servant or a public 155 contractor who has contracted with a governmental entity to 156 assist in a competitive procurement, with corrupt intentto 157 knowingly and intentionally obtain a benefit for any person or 158 to cause unlawful harm to another by circumventing, to159circumventa competitive solicitationbiddingprocess required 160 by law or rule through the use ofby usinga sole-source 161 contract for commodities or services. 162 (3) It is unlawful for any person to knowingly agree, 163 conspire, combine, or confederate, directly or indirectly, with 164 a public servant or a public contractor who has contracted with 165 a governmental entity to assist in a competitive procurement to 166 violate subsection (1) or subsection (2). 167 (4) It is unlawful for any person to knowingly enter into a 168 contract for commodities or services which was secured by a 169 public servant or a public contractor who has contracted with a 170 governmental entity to assist in a competitive procurement 171 acting in violation of subsection (1) or subsection (2). 172 (5) Any person who violates this section commits a felony 173 of the second degree, punishable as provided in s. 775.082, s. 174 775.083, or s. 775.084. 175 Section 6. For the purpose of incorporating the amendment 176 made by this act to section 838.022, Florida Statutes, in a 177 reference thereto, paragraph (a) of subsection (2) of section 178 112.534, Florida Statutes, is reenacted to read: 179 112.534 Failure to comply; official misconduct.— 180 (2)(a) All the provisions of s. 838.022 shall apply to this 181 part. 182 Section 7. For the purpose of incorporating the amendment 183 made by this act to section 838.022, Florida Statutes, in a 184 reference thereto, paragraph (d) of subsection (4) of section 185 117.01, Florida Statutes, is reenacted to read: 186 117.01 Appointment, application, suspension, revocation, 187 application fee, bond, and oath.— 188 (4) The Governor may suspend a notary public for any of the 189 grounds provided in s. 7, Art. IV of the State Constitution. 190 Grounds constituting malfeasance, misfeasance, or neglect of 191 duty include, but are not limited to, the following: 192 (d) Official misconduct as defined in s. 838.022. 193 Section 8. For the purpose of incorporating the amendment 194 made by this act to section 838.014, Florida Statutes, in a 195 reference thereto, subsection (11) of section 817.568, Florida 196 Statutes, is reenacted to read: 197 817.568 Criminal use of personal identification 198 information.— 199 (11) A person who willfully and without authorization 200 fraudulently uses personal identification information concerning 201 an individual who is 60 years of age or older; a disabled adult 202 as defined in s. 825.101; a public servant as defined in s. 203 838.014; a veteran as defined in s. 1.01; a first responder as 204 defined in s. 125.01045; an individual who is employed by the 205 State of Florida; or an individual who is employed by the 206 Federal Government without first obtaining the consent of that 207 individual commits a felony of the second degree, punishable as 208 provided in s. 775.082, s. 775.083, or s. 775.084. 209 Section 9. For the purpose of incorporating the amendments 210 made by this act to sections 838.015, 838.016, and 838.22, 211 Florida Statutes, in references thereto, paragraph (g) of 212 subsection (3) of section 921.0022, Florida Statutes, is 213 reenacted to read: 214 921.0022 Criminal Punishment Code; offense severity ranking 215 chart.— 216 (3) OFFENSE SEVERITY RANKING CHART 217 (g) LEVEL 7 218 219 220 FloridaStatute FelonyDegree Description 221 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 222 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 223 316.1935(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. 224 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 225 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 226 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 227 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 228 456.065(2) 3rd Practicing a health care profession without a license. 229 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 230 458.327(1) 3rd Practicing medicine without a license. 231 459.013(1) 3rd Practicing osteopathic medicine without a license. 232 460.411(1) 3rd Practicing chiropractic medicine without a license. 233 461.012(1) 3rd Practicing podiatric medicine without a license. 234 462.17 3rd Practicing naturopathy without a license. 235 463.015(1) 3rd Practicing optometry without a license. 236 464.016(1) 3rd Practicing nursing without a license. 237 465.015(2) 3rd Practicing pharmacy without a license. 238 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 239 467.201 3rd Practicing midwifery without a license. 240 468.366 3rd Delivering respiratory care services without a license. 241 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 242 483.901(9) 3rd Practicing medical physics without a license. 243 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 244 484.053 3rd Dispensing hearing aids without a license. 245 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. 246 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business. 247 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 248 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 249 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 250 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 251 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 252 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 253 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 254 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 255 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 256 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 257 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 258 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 259 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 260 784.048(7) 3rd Aggravated stalking; violation of court order. 261 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 262 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 263 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 264 784.081(1) 1st Aggravated battery on specified official or employee. 265 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 266 784.083(1) 1st Aggravated battery on code inspector. 267 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 268 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state. 269 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 270 790.16(1) 1st Discharge of a machine gun under specified circumstances. 271 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 272 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 273 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 274 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 275 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 276 794.08(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. 277 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 278 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 279 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 280 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older. 281 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense. 282 806.01(2) 2nd Maliciously damage structure by fire or explosive. 283 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 284 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 285 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 286 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 287 812.014(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. 288 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 289 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 290 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 291 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 292 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 293 812.131(2)(a) 2nd Robbery by sudden snatching. 294 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 295 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 296 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 297 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 298 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 299 817.2341(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. 300 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 301 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 302 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000. 303 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 304 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 305 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 306 838.015 2nd Bribery. 307 838.016 2nd Unlawful compensation or reward for official behavior. 308 838.021(3)(a) 2nd Unlawful harm to a public servant. 309 838.22 2nd Bid tampering. 310 843.0855(2) 3rd Impersonation of a public officer or employee. 311 843.0855(3) 3rd Unlawful simulation of legal process. 312 843.0855(4) 3rd Intimidation of a public officer or employee. 313 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 314 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 315 872.06 2nd Abuse of a dead human body. 316 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 317 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 318 893.13(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. 319 893.13(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. 320 893.13(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). 321 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 322 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 323 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 324 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams. 325 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 326 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 327 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 328 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams. 329 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. 330 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams. 331 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 332 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 333 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 334 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 335 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 336 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 337 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 338 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 339 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 340 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 341 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 342 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 343 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 344 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 345 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 346 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 347 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 348 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 349 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 350 Section 10. For the purpose of incorporating the amendment 351 made by this act to section 838.022, Florida Statutes, in a 352 reference thereto, paragraph (d) of subsection (3) of section 353 921.0022, Florida Statutes, is reenacted to read: 354 921.0022 Criminal Punishment Code; offense severity ranking 355 chart.— 356 (3) OFFENSE SEVERITY RANKING CHART 357 (d) LEVEL 4 358 359 360 FloridaStatute FelonyDegree Description 361 316.1935(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. 362 499.0051(1) 3rd Failure to maintain or deliver pedigree papers. 363 499.0051(2) 3rd Failure to authenticate pedigree papers. 364 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 365 517.07(1) 3rd Failure to register securities. 366 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register. 367 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 368 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 369 784.075 3rd Battery on detention or commitment facility staff. 370 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 371 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 372 784.081(3) 3rd Battery on specified official or employee. 373 784.082(3) 3rd Battery by detained person on visitor or other detainee. 374 784.083(3) 3rd Battery on code inspector. 375 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 376 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 377 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 378 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 379 787.07 3rd Human smuggling. 380 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 381 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 382 790.115(2)(c) 3rd Possessing firearm on school property. 383 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 384 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 385 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 386 810.06 3rd Burglary; possession of tools. 387 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 388 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 389 812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. 390 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 391 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 392 817.568(2)(a) 3rd Fraudulent use of personal identification information. 393 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder. 394 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 395 837.02(1) 3rd Perjury in official proceedings. 396 837.021(1) 3rd Make contradictory statements in official proceedings. 397 838.022 3rd Official misconduct. 398 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 399 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 400 843.021 3rd Possession of a concealed handcuff key by a person in custody. 401 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 402 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 403 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 404 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 405 893.13(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). 406 914.14(2) 3rd Witnesses accepting bribes. 407 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 408 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 409 918.12 3rd Tampering with jurors. 410 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 411 Section 11. This act shall take effect October 1, 2016.