Bill Text: FL S0734 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Public Corruption [GPSC]

Spectrum: Bipartisan Bill

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

Download: Florida-2010-S0734-Introduced.html

---

 
Florida Senate - 2010                                     SB 734 
 
By Senator Gelber 
35-00610-10                                            2010734__ 
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 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 under color of 
15  law. As used in this section, the term “under color of law” 
16  means conduct based on public authority or position or the 
17  assertion of such authority or position. 
18         (1) The reclassification of the felony or misdemeanor is as 
19  follows: 
20         (a) A misdemeanor of the second degree is reclassified as a 
21  misdemeanor of the first degree. 
22         (b) A misdemeanor of the first degree is reclassified as a 
23  felony of the third degree. 
24         (c) A felony of the third degree is reclassified as a 
25  felony of the second degree. 
26         (d) A felony of the second degree is reclassified as a 
27  felony of the first degree. 
28         (e) A felony of the first degree is reclassified as a life 
29  felony. 
30         (2) For purposes of sentencing under chapter 921, a felony 
31  offense that is reclassified under this section shall be ranked 
32  one level above its ranking under s. 921.0022 or s. 921.0023. 
33         (3) Reclassification does not apply if the underlying 
34  misdemeanor or felony offense has conduct committed under color 
35  of law as one of its necessary elements. 
36         Section 2. This act shall take effect July 1, 2010.