Senate Bill 0804
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 804
By Senator Crist
20-775-98
1 A bill to be entitled
2 An act relating to political campaigns;
3 amending s. 106.15, F.S.; prohibiting the use
4 of state-owned aircraft by any person for
5 campaign purposes; providing a penalty;
6 amending s. 921.0012, F.S.; establishing
7 violations under offense level 4 of the felony
8 sentencing guidelines; providing an effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 106.15, Florida Statutes, is
14 amended to read:
15 106.15 Certain acts prohibited.--
16 (1) No person shall pay money or give anything of
17 value for the privilege of speaking at a political meeting in
18 the furtherance of his or her candidacy, nor shall anyone
19 speaking for such a person pay money or give anything of value
20 for such privilege.
21 (2) No candidate, in the furtherance of his or her
22 candidacy for nomination or election to public office in any
23 election, shall use any state-owned aircraft or motor vehicle,
24 as provided in chapter 287, solely for the purpose of
25 furthering his or her candidacy. However, in the event a
26 candidate uses any state-owned aircraft or motor vehicle to
27 conduct official state business and while on such trip
28 performs any function in the furtherance of his or her
29 candidacy for nomination or election to public office in any
30 election, the candidate shall prorate the expenses incurred
31 and reimburse the appropriate agency for any trip not
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Florida Senate - 1998 SB 804
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1 exclusively for state business and shall pay either a prorated
2 share of all fixed and variable expenses related to the
3 ownership, operation, and use of such aircraft or one-half of
4 the total fixed and variable expenses related to the
5 ownership, operation, and use of such aircraft, whichever is
6 greater. The reimbursement shall be made from the campaign
7 account of the candidate.
8 (3) A person may not use any state-owned aircraft to
9 further any candidacy for public office.
10 (4)(3) No candidate shall, in the furtherance of his
11 or her candidacy for nomination or election to public office
12 in any election, use the services of any officer or employee
13 of the state during working hours.
14 (5)(4) No person shall make and no person shall
15 solicit or knowingly accept any political contribution in a
16 building owned by a governmental entity. For purposes of this
17 subsection, "accept" means to receive a contribution by
18 personal hand delivery from a contributor or the contributor's
19 agent. This subsection shall not apply when a
20 government-owned building or any portion thereof is rented for
21 the specific purpose of holding a campaign fund raiser.
22 (6)(5) Any person who violates subsection (3) is
23 guilty of a felony of the third degree, punishable as provided
24 in s. 775.082 or s. 775.083. Any person who violates any other
25 provisions violating the provisions of this section is guilty
26 of commits a misdemeanor of the first degree, punishable as
27 provided in s. 775.082 or s. 775.083.
28 Section 2. Paragraph (d) of subsection (3) of section
29 921.0012, Florida Statutes, is amended to read:
30 921.0012 Sentencing guidelines offense levels; offense
31 severity ranking chart.--
2
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Florida Senate - 1998 SB 804
20-775-98
1 (3) OFFENSE SEVERITY RANKING CHART
2 Florida Felony
3 Statute Degree Description
4
5
6 (d) LEVEL 4
7 106.15(3) 3rd Use of state-owned aircraft for
8 campaigning.
9 316.1935(2) 3rd Fleeing or attempting to elude
10 law enforcement officer resulting
11 in high-speed pursuit.
12 784.07(2)(b) 3rd Battery of law enforcement
13 officer, firefighter, intake
14 officer, etc.
15 784.075 3rd Battery on detention or
16 commitment facility staff.
17 784.08(2)(c) 3rd Battery on a person 65 years of
18 age or older.
19 784.081(3) 3rd Battery on specified official or
20 employee.
21 784.082(3) 3rd Battery by detained person on
22 visitor or other detainee.
23 787.03(1) 3rd Interference with custody;
24 wrongly takes child from
25 appointed guardian.
26 787.04(2) 3rd Take, entice, or remove child
27 beyond state limits with criminal
28 intent pending custody
29 proceedings.
30
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Florida Senate - 1998 SB 804
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1 787.04(3) 3rd Carrying child beyond state lines
2 with criminal intent to avoid
3 producing child at custody
4 hearing or delivering to
5 designated person.
6 790.115(1) 3rd Exhibiting firearm or weapon
7 within 1,000 feet of a school.
8 790.115(2)(b) 3rd Possessing electric weapon or
9 device, destructive device, or
10 other weapon on school property.
11 790.115(2)(c) 3rd Possessing firearm on school
12 property.
13 810.02(4)(a) 3rd Burglary, or attempted burglary,
14 of an unoccupied structure;
15 unarmed; no assault or battery.
16 810.02(4)(b) 3rd Burglary, or attempted burglary,
17 of an unoccupied conveyance;
18 unarmed; no assault or battery.
19 810.06 3rd Burglary; possession of tools.
20 810.08(2)(c) 3rd Trespass on property, armed with
21 firearm or dangerous weapon.
22 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
23 or more but less than $20,000.
24 812.014
25 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
26 firearm, motor vehicle,
27 livestock, etc.
28 817.563(1) 3rd Sell or deliver substance other
29 than controlled substance agreed
30 upon, excluding s. 893.03(5)
31 drugs.
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1 828.125(1) 2nd Kill, maim, or cause great bodily
2 harm or permanent breeding
3 disability to any registered
4 horse or cattle.
5 837.02(1) 3rd Perjury in official proceedings.
6 837.021(1) 3rd Make contradictory statements in
7 official proceedings.
8 843.025 3rd Deprive law enforcement,
9 correctional, or correctional
10 probation officer of means of
11 protection or communication.
12 843.15(1)(a) 3rd Failure to appear while on bail
13 for felony (bond estreature or
14 bond jumping).
15 874.05(1) 3rd Encouraging or recruiting another
16 to join a criminal street gang.
17 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
18 893.03(1)(a), (b), or (d), or
19 (2)(a) or (b) drugs).
20 914.14(2) 3rd Witnesses accepting bribes.
21 914.22(1) 3rd Force, threaten, etc., witness,
22 victim, or informant.
23 914.23(2) 3rd Retaliation against a witness,
24 victim, or informant, no bodily
25 injury.
26 918.12 3rd Tampering with jurors.
27
28 Section 3. This act shall take effect July 1, 1998.
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Florida Senate - 1998 SB 804
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1 *****************************************
2 SENATE SUMMARY
3 Prohibits the use of state-owned aircraft by any person
for campaign purposes. Provides a penalty. Establishes
4 violation under offense level 4 of the felony sentencing
guidelines for a person guilty of using state-owned
5 aircraft for campaign purposes.
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