Bill Text: FL S0734 | 2010 | Regular Session | Comm Sub

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Bill Title: Public Corruption [GPSC]

Spectrum: Bipartisan Bill

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S0734 Detail]

Download: Florida-2010-S0734-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 734 
 
By the Committee on Criminal Justice; and Senators Gelber, 
Smith, Ring, Hill, Storms, Wilson, Villalobos, Bullard, Crist, 
and Dockery 
591-05215-10                                           2010734c1 
1                        A bill to be entitled 
2         An act relating to public corruption; creating s. 
3         775.0876, F.S.; providing for the reclassification of 
4         criminal offenses committed “under color of law”; 
5         providing an exception; providing an effective date. 
6 
7  Be It Enacted by the Legislature of the State of Florida: 
8 
9         Section 1. Section 775.0876, Florida Statutes, is created 
10  to read: 
11         775.0876 Offenses committed under color of law; 
12  reclassification.—The penalty for any felony or misdemeanor 
13  offense shall be reclassified if the commission of such offense 
14  was furthered or facilitated by a person acting or purporting to 
15  act in the performance of official duties under any law, 
16  ordinance, or regulation. 
17         (1) The reclassification of the felony or misdemeanor is as 
18  follows: 
19         (a) A misdemeanor of the second degree is reclassified as a 
20  misdemeanor of the first degree. 
21         (b) A misdemeanor of the first degree is reclassified as a 
22  felony of the third degree. 
23         (c) A felony of the third degree is reclassified as a 
24  felony of the second degree. 
25         (d) A felony of the second degree is reclassified as a 
26  felony of the first degree. 
27         (e) A felony of the first degree is reclassified as a life 
28  felony. 
29         (2) For purposes of sentencing under chapter 921, a felony 
30  offense that is reclassified under this section shall be ranked 
31  one level above its ranking under s. 921.0022 or s. 921.0023. 
32         (3) If the underlying offense includes acting or purporting 
33  to act in the performance of official duties under any law, 
34  ordinance, or regulation as an essential element, the 
35  reclassification does not apply. 
36         Section 2. This act shall take effect July 1, 2010.