Senate Bill 1106c1
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Florida Senate - 2000 CS for SB 1106
By the Committee on Criminal Justice and Senator Sebesta
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1 A bill to be entitled
2 An act relating to elections; amending s.
3 104.091, F.S.; providing that a person who
4 agrees, conspires, combines, or confederates
5 with another person to knowingly commit a
6 violation of the Florida Election Code is
7 punishable as if he or she committed the
8 violation; providing that a person who
9 knowingly aids or abets another person who has
10 violated the code, with intent for that person
11 to avoid detection, arrest, or prosecution, is
12 punishable in like manner as the principal
13 offender; amending s. 777.04, F.S.; exempting
14 certain violations of the Florida Election Code
15 from provisions specifying the ranking of an
16 offense under the Criminal Punishment Code;
17 providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 104.091, Florida Statutes, is
22 amended to read:
23 104.091 Aiding, abetting, or advising, or conspiring
24 in a violation of the code.--
25 (1) Any person who shall knowingly aids aid, abets,
26 abet or advises in advise the violation of this code shall be
27 punished in like manner as the principal offender.
28 (2) Any person who agrees, conspires, combines, or
29 confederates with another person to knowingly commit a
30 violation of this code shall be punished as if he or she had
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Florida Senate - 2000 CS for SB 1106
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1 actually committed the violation, notwithstanding any
2 provisions of s. 777.04.
3 (3) Any person who knowingly aids or abets another
4 person who has violated this code, with the intent that the
5 principal offender avoid detection, arrest, or prosecution,
6 shall be punished in like manner as the principal offender.
7 Section 2. Subsection (4) of section 777.04, Florida
8 Statutes, is amended to read:
9 777.04 Attempts, solicitation, and conspiracy.--
10 (4)(a) Except as otherwise provided in ss. 104.091(2),
11 828.125(2), 849.25(4), 893.135(5), and 921.0022, the offense
12 of criminal attempt, criminal solicitation, or criminal
13 conspiracy is ranked for purposes of sentencing under chapter
14 921 and determining incentive gain-time eligibility under
15 chapter 944 one level below the ranking under s. 921.0022 or
16 s. 921.0023 of the offense attempted, solicited, or conspired
17 to. If the criminal attempt, criminal solicitation, or
18 criminal conspiracy is of an offense ranked in level 1 or
19 level 2 under s. 921.0022 or s. 921.0023, such offense is a
20 misdemeanor of the first degree, punishable as provided in s.
21 775.082 or s. 775.083.
22 (b) If the offense attempted, solicited, or conspired
23 to is a capital felony, the offense of criminal attempt,
24 criminal solicitation, or criminal conspiracy is a felony of
25 the first degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084.
27 (c) Except as otherwise provided in s. 893.135(5), if
28 the offense attempted, solicited, or conspired to is a life
29 felony or a felony of the first degree, the offense of
30 criminal attempt, criminal solicitation, or criminal
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Florida Senate - 2000 CS for SB 1106
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1 conspiracy is a felony of the second degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084.
3 (d) Except as otherwise provided in s. 104.091(2), s.
4 828.125(2), or s. 849.25(4), if the offense attempted,
5 solicited, or conspired to is a:
6 1. Felony of the second degree;
7 2. Burglary that is a felony of the third degree; or
8 3. Felony of the third degree ranked in level 3, 4, 5,
9 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,
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11 the offense of criminal attempt, criminal solicitation, or
12 criminal conspiracy is a felony of the third degree,
13 punishable as provided in s. 775.082, s. 775.083, or s.
14 775.084.
15 (e) Except as otherwise provided in s. 104.091(2), s.
16 849.25(4), or paragraph (d), if the offense attempted,
17 solicited, or conspired to is a felony of the third degree,
18 the offense of criminal attempt, criminal solicitation, or
19 criminal conspiracy is a misdemeanor of the first degree,
20 punishable as provided in s. 775.082 or s. 775.083.
21 (f) Except as otherwise provided in s. 104.091(2), if
22 the offense attempted, solicited, or conspired to is a
23 misdemeanor of the first or second degree, the offense of
24 criminal attempt, criminal solicitation, or criminal
25 conspiracy is a misdemeanor of the second degree, punishable
26 as provided in s. 775.082 or s. 775.083.
27 Section 3. This act shall take effect July 1, 2000.
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Florida Senate - 2000 CS for SB 1106
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1106
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4 - Removes the word "advises" from subsection (3), making
the offense apply to a person who "aids or abets"
5 another person who has violated the election code "with
the intent that the principal offender avoid detection,
6 arrest, or prosecution."
7 - Inserts the word "knowingly" into subsection (2), making
the offense apply to a person who agrees to conspire
8 with another to knowingly commit a violation of the
election code.
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- Amends section 777.04, F.S., the general conspiracy
10 statute, by specifying that those provisions are not
applicable to violations of the election code.
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